01-25-21 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JANUARY 25, 2021 7:00 P.M.
Due to the Centers for Disease Control's recommendation limiting the number of people present at a
meeting, and pursuant to MN Statute §13D.02, the Shorewood City Council meetings will be held by
electronic means. For those wishing to listen live to the meeting, please go to
ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during
regular business hours with questions.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Labadie___
Council Member Siakel___
Council Member Johnson___
Council Member Callies___
B. Review and Approve Agenda
Attachments
2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. City Council Regular Meeting Minutes of January 11, 2021 Minutes
B. Approval of the Verified Claims List Claims List
C. Approval of Davey Resources Group Contract Amendment City Administrator Memo
D. Approval of Increase in Credit Card Limit Finance Director Memo
E. Appointment of Hearing Officers Planning Director Memo
Resolution 21-005
F. Approve Mayor Emergency Declaration 21-01 City Administrator Memo
Resolution 21-006
3. MATTERS FROM THE FLOOR
(No Council Action will be taken)
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
6. PARKS
A. Report by Commissioner Mangold and Commissioner Riedel on 01-12-21 Park Minutes
and Planning Joint Commission Meeting
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
7. PLANNING
A. Report by Commissioner Riedel on 01-05-21 Planning Commission Meeting Minutes
B. C.U.P. for antennas on the west watertower Planning Director Memo
Location: 26352 Smithtown Road Resolution 21-007
Applicant: Verizon Wireless
C. Variance request for setback to property line Planning Technician Memo
Location: 5730 Club Lane Resolution 21-008
Applicant: Roger and Roberta Aronson
D. Variance request for setback to Lake Minnetonka Planning Director Memo
Location: 454 Lafayette Avenue Resolution 21-009
Applicant: Christian Dean Architecture
E. Variance request for setback to Lake Minnetonka Planning Director Memo
Location: 4320 Dellwood Lane Resolution 21-010
Applicant: Lecy Brothers
8. ENGINEERING/PUBLIC WORKS
A. Approval of Smithtown Pond Feasibility Study and Authorization for Engineer Memo
Final Plans and Specifications, City Project 20-07 Resolution 21-011
9. GENERAL/NEW BUSINESS
A. Telecommunications Lease – Verizon City Administrator Memo
Resolution 21-012
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. 2020 Building Summary Report Planning Technician Memo
2. 2020 Rental Housing Program Report Planning Technician Memo
B. Mayor and City Council
1. City Attorney and Prosecutor RFPs
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JANUARY 11, 2021 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:01 P.M.
Oaths of Office
The following individuals were sworn in and repeated their oaths of their office:
Jennifer Labadie, Mayor
Paula Callies, Councilmember
Patrick Johnson, Councilmember
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Siakel, and Callies; City Attorney
Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon;
Planning Director Darling; Director of Public Works Brown; and, City Engineer
Budde
Absent: None
B. Review Agenda
Johnson moved, Callies seconded, approving the agenda as presented. Roll Call Vote:
Ayes – all. Motion passed 4/0.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Johnson moved, Siakel seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of December 28, 2020
B. Approval of the Verified Claims List
C. Approval of Pay Equity Report Adopting RESOLUTION NO. 21-001, “A
Resolution Approving the Pay Equity Report for City of Shorewood.”
D. Council Out-of-State Travel Policy Annual Review
E. Mileage Rate Reimbursement
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 11, 2021
Page 2 of 7
F. Open Book Meeting Date 2021, Adopting RESOLUTION NO. 21-002. “A
Resolution Setting the 2021 Open Book Meeting.”
G. Accepting Resignation and Declaring Council Vacancy, Adopting
RESOLUTION NO. 21-003, “A Resolution Accepting Resignation and
Declaring a Vacancy.”
Roll Call Vote: Ayes – all. Motion passed 4/0.
3. MATTERS FROM THE FLOOR
Todd Carlson, 634 Third Avenue, Excelsior noted that he is the Mayor in the City of Excelsior and
wanted to welcome Mayor Labadie, and congratulate Councilmembers Callies and Johnson on
their recent elections. He stated that he looks forward to working with them and serving with
Mayor Labadie on the South Lake Minnetonka Police Department Coordinating Committee as
well as a few other subcommittees.
Greg Larson, 25535 Orchard Circle, asked about the status of the litigation in the City that was
recently reported in local media and was appealed up to the Supreme Court.
Mayor Labadie stated that the Supreme Court of Minnesota has ruled on that matter and asked
City Attorney Keane to give an update.
City Attorney Keane stated that on December 30, 2020, the Supreme Court ruled on an appeal
regarding the enforcement of the placement of an illegal dock on Lake Minnetonka. He explained
that the City prevailed which reversed the decision of the Lower Court of Appeals and has been
remanded that to District Court for further proceedings and noted that the Council will decide at a
future date how to proceed.
Mr. Larson asked how much the litigation has cost the City thus far. City Administrator Lerud
stated that he believes it is a little bit more than $52,000. He noted that he does not have the
exact number but can get that information for Mr. Larson.
Mr. Larson stated that his understanding is that the basis of the legal action was because the
ordinance was ambiguous or poorly written and open to interpretation. He asked who in the City
was responsible for writing and proofing of the ordinances.
Mayor Labadie explained that some of the ordinances on record have not been reviewed for many
years. She stated that the City has been engaged in the process of reviewing all the ordinances
and bringing them all up to date.
Planning Director Darling stated that the issue in question for this particular enforcement is
whether or not you can have an accessory use without a principal use. She stated that this item
is fairly clear in the ordinance, but it has been clarified even more to make sure that it is very clear.
She stated that there was also some confusion over the dock rules and those have already been
clarified along with the definition of dock itself. She noted that there should be no more confusion
moving forward.
Mr. Larson stated that if the City has all kinds of outdated ordinances and are spending tens of
thousands of dollars as a City to enforce them, he feels it should be a top priority to clean them
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 11, 2021
Page 3 of 7
up so that money does not have to be spent on litigation. Planning Director Darling stated that
she agreed and explained that the City is working on this. She stated the City just completed a
substantial amendment to the Zoning Ordinance that was approved in December and are moving
on to the next sections of code in 2021.
Councilmember Siakel stated that there have been pieces of information about this whole issue
which have been unfortunate. She stated that it goes back to when the applicants looked at
purchasing that piece of property and from day one, the City has always said there is no dwelling,
so there is no dock. She reiterated that from the very beginning, these residents were told in a
Council meeting that because there is no principal residence, a dock was not permitted. She
stated that review of the City ordinances has been ongoing for years and the City is not just
beginning this process. She stated as Mayor Labadie indicated, things change and when things
happen the City wants to make sure the ordinances are as clear as possible so there is not any
misinterpretation. She stated that the City prevailed because it did the right thing from day one.
Mr. Larson stated that the City may have done the right thing, but it spent over $50,000 to work
through an ordinance, which if had been clear at the beginning, would not have resulted in
spending this amount of money on legal costs. He stated that he feels that it makes sense for it
to be a high priority of the City and it should not necessarily be the Planning Director that is in
charge. He stated that he feels someone from the legal side should be watching these things so
they are not poorly written and open to interpretation.
Councilmember Siakel stated that she believes the Planning Commission has been very proactive
in updating the City’s codes and ordinances. She stated that this is a duty that does not really
have a beginning and an end because there are constant updates that need to be made.
Councilmember Callies stated that this is Matters from the Floor and this should not turn into an
open debate. She stated that she understands Mr. Larson’s concern and feels it has been clear
that the City is reviewing the ordinances. There is no action on this item and suggested that the
Council move on.
Mayor Labadie noted that the City has two openings on the Planning Commission and the City is
currently accepting applications. She explained that the Planning Commission is an advisory
board that reviews codes and encouraged residents to apply.
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
6. PARKS
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. Council Vacancy
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 11, 2021
Page 4 of 7
City Administrator Lerud explained that earlier this evening, the Council accepted the resignation
of Mayor Labadie’s Councilmember position which creates a vacancy for her term that will end on
December 31, 2022. He noted that there is great discretion on how the Council can choose to fill
Council vacancies. He reviewed the basic criteria for applicants to be considered and options for
filling the vacancies.
Mayor Labadie asked for Council thoughts on filling this vacancy.
Councilmember Siakel asked how the City can let residents know about this vacancy so it is
broadly known and can apply. City Administrator Lerud stated that they will advertise the opening
as they would for any job opening, so it will be in the newspapers, via the website and would also
be pushed out on social media platforms.
Mayor Labadie suggested that it be worded as a Letter of Interest rather than an application
because there is no actual application form for this purpose. She stated that any resident
interested only needs to write a letter expressing their interest in filling this position.
Councilmember Johnson asked what the Council would do if there are a considerable number of
applications. He asked if it was feasible to say that they will interview every single person who
expresses interest.
Councilmember Callies stated that one way to handle this would be to have a smaller group of
the Council, such as a subcommittee like the Personnel Committee, review the letters, winnow
the candidates down, and make a recommendation to the Council as to which of those
applications should be interviewed by the full Council. She stated that she would suggest that
they ask people to include their relevant experience or background within their letter of interest.
She agreed that she believes it will be too cumbersome for the Council, as a whole, to interview
everyone if there are a number of applicants.
Councilmember Siakel stated that she agrees that it would make sense to have the Personnel
Committee review the candidates and make recommendations to the full Council. She suggested
that the letters of interest be due by February 1, 2021 with the goal of filling the open Council
position sometime within the first quarter.
The Council discussed the time frame for advertising, the scheduling of the subcommittee
meetings, and the interview process.
Mayor Labadie noted that the City had received numerous applications for the open positions on
the Commissions and she would recommend that the City hold off on selecting Commissioners
until after the Council position has been seated on the Council. Councilmember Siakel stated
that she does not see a problem just moving forward with the process and does not feel that the
City needs to fill the Council position before the others.
Councilmember Johnson agreed and noted that he is worried about that many vacancies for that
long of a period of time. Planning Director Darling stated that there are not actually current
vacancies, but there are four terms that are expiring. She stated that the Council has requested,
in the past, that at the end of each term that each applicant reapply for their position and have a
conversation with the Council along with any other people who are interested in the position. She
explained that the terms expire at the end of February.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 11, 2021
Page 5 of 7
City Administrator Lerud stated that it is likely that the interviews for the Commissions would be
done at a work session before the meeting on February 8, 2021, could be appointed at the second
meeting in February, and be ready to go on March 1, 2021. He stated that the Council has given
him sufficient direction on how they would like to proceed.
B. Annual Appointments and Designations for 2021
The Council made the following choices for appointments:
Acting Mayor – Councilmember Johnson
Council Rep/Park Commission Liaison
January – June 2021: Councilmember Siakel
July – December 2021: Newly Appointed Councilmember
Council Rep/Planning Commission Liaison
January – June 2021: Councilmember Callies
July – December 2021: Councilmember Johnson
Council Liaison to SCEC – Mayor Labadie
Metro Cities and League of MN Cities (AAM and LMC) – Councilmember Callies
Alternate AAM and LMC – City Administrator Lerud
Lake Minnetonka Communications Commission (LMCC) – Mayor Labadie
Alternate LMCC – Councilmember Johnson
Minnetonka Family Collaborative Council – Removed and will be re-evaluated, if necessary
South Lake Minnetonka Police Department Coordinating Committee (SLMPD) – Mayor Labadie
Alternate SLMPD CC - Councilmember Siakel
Excelsior Fire District Board Member – Councilmember Johnson
Alternate EFD Board Member – Councilmember Callies
Personnel Committee – Councilmember Callies and Councilmember Siakel
Weed Inspector – Mayor Labadie
Co-Assistant Weed Inspectors – Greg Fasching and Chris Heitz
Electronic Funds Transfer Authority – Joe Rigdon, Michelle Nguyen, City Administrator Lerud
City Attorney – Timothy J. Keane, Kutak Rock LLP – With current contract to be reviewed, details
about when it was initiated, past billing statements, and revenue generated to be reviewed at the
next Council meeting
City Prosecutor – Ken Potts – With current contract to be reviewed, details about when it was
initiated, past billing statements, as well as revenue generated to be reviewed at the next Council
meeting
LMCC Representative – To be filled at a future date when interviews are conducted
MCE Representative – Tad Shaw
Official Depositories – Alerus Bank, 4M Fund and other depositories as necessary
Official Newspaper – Sun Sailor and Laker Pioneer News as applicable
Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 21-004, “A Resolution
Designating 2021 Annual Appointments to Certain Offices and Position Within the City of
Shorewood.” Roll Call Vote: Ayes – all. Motion passed 4/0.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 11, 2021
Page 6 of 7
1. Fourth Quarter 2020 Investments Report
Finance Director Rigdon gave a brief overview of the Fourth Quarter 2020 Investment Report. He
reminded the Council that the primary objectives in order of priority are safety, liquidity, and yield.
He stated that the City was in compliance with all the diversity requirements as of December 31,
2020. He reviewed the current investments, liquidity and weighted average.
2. Comp Plan Amendment Update
Planning Director Darling stated that the City of Minnetrista is looking at a possible Comp Plan
amendment on Enchanted Island for the parcel of property currently owned by the Masonic Home.
She stated that they have given formal notice of their Comp Plan amendment plans. She
explained that they are proposing a development with about one unit per acre, which is half as
much as the City of Shorewood would allow on Enchanted Island so the impacts of the
amendment seem relatively small. She stated that if the Council has no objections, she would
like to return the comment to the City of Minnetrista that the City does not find this particular level
of density would have an impact on the City.
There was Consensus of the Council for Planning Director Darling to give feedback to the City of
Minnetrista regarding the proposed Comp Plan amendment.
Other
Public Works Director Brown stated there has been great interest expressed in outdoor skating
which has been problematic due to the warm temperatures. He explained that they have
attempted to make ice by flooding in the morning, but the warm temperatures have made that
difficult, but noted that Manor Park is currently open for skating. He stated that they will keep the
website updated as conditions change.
Mayor Labadie thanked Public Works Director Brown and Communications Coordinator Moore
for making sure these types of updates are put onto the City website. Brown noted that there is
ice skating on Manor Pond.
Planning Director Darling noted that there is a Joint Park/Planning Commission meeting on
January 12, 2021 to continue their discussion on fire lanes #1, #3, #4, #5, and #6. She noted
that this meeting had been posted in case any Councilmembers would also like to be part of the
discussion.
Councilmember Siakel stated that in her opinion, the discussion of the fire lane issue has gotten
off track and is spinning out of control. Planning Director Darling stated that she will provide some
direction to the Joint Park/Planning Commission to attempt to narrow their focus down to its
original goal. Mayor Labadie asked who would be leading the Joint Park/Planning Commission
meeting. Planning Director Darling stated that there is not an official person designated to lead
the meeting. Mayor Labadie asked that one of the Chairs steps into more of a leadership role in
order to help the meeting run more smoothly and keep things on track.
B. Mayor and City Council
Councilmember Siakel asked if the City was doing anything or taking any extra security
precautions related to the current craziness going on in the country.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 11, 2021
Page 7 of 7
City Administrator Lerud noted that City Hall is closed except by appointment which will continue
through at least January 22, 2021.
11. CLOSED SESSION
Mayor Labadie explained that the Council will now enter a closed session pursuant to Minnesota
Statute 13D.05 Subdivision 3(b), attorney-client privilege, for the purpose of discussing legal
considerations relating to ongoing litigation regarding the enforcement of the City’s zoning
regulations for property located at 5450 Howard’s Point Road.
Johnson moved, Callies seconded, moving the meeting into a Closed Session at 8:46 P.M.
Roll Call Vote: Ayes – all. Motion passed 4/0.
Mayor Labadie said a motion was passed during the close session to enter back into open
session. The Council entered back in open session at 9:41 P.M.
12. ADJOURN
Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of January
11, 2021, at 9:42 P.M. Roll Call Vote: Ayes – all. Motion passed 4/0.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
#2 B
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Verified Claims
Meeting Date: January 25, 2021
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.
66642-66662 & ACH 1,498,978.41
Total Claims $1,498,978.41
We have also included a payroll summary for the payroll period ending January 17, 2021.
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 may accept the staff recommendation to pay these claims or may reject any
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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City of Shorewood Council Meeting Item
2C
Title/Subject: Updated Davey Resource Group Contract
Meeting Date: January 25, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Attachments: 2021 DRG Fee Schedule
Background: The city entered into an arborist contract with Davey Resource Group on
February 24, 2020. That contract formalized a relationship the city had with Davey for
the previous four years. The contract was for a period of one year, with two one-year
extensions at the city’s discretion. Staff has been very satisfied with the services Davey
has provided for the last several years and recommends accepting a one-year
extension of the contract.
The only change to the contract is regarding the fees. The fee in the 2020 contract was
based on a blended rate of all the hourly rates and services. This contract amendment
proposes to specify the fee amount based on who is providing the service, or the
service being provided. Staff believes that is the most transparent way for both parties
to conduct business. The rates have been reviewed and found to be reasonable.
Financial or Budget Considerations: The city’s annual budget includes costs for an
arborist, and the proposed contract amendment is within that budget for anticipated
services.
Recommended Action: Staff recommends approval of the contract amendment by
adopting the attached Resolution.
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
#2D
MEETING
TYPE
REGULAR
City of Shorewood Council Meeting Item
Title / Subject: Credit Card Receipt Limit
Meeting Date: January 25, 2021
Prepared By: Joe Rigdon, Finance Director
Reviewed By: Greg Lerud, City Administrator
Attachment:
Background: The City has historically placed a $400 limit on credit card transaction receipts
handled at the front desk. The rationale behind the limit was to prevent potentially high
transaction fees applied to higher cost building permits. Currently, if a permit cost is higher than
$400, City staff does not accept credit card payment, while physical checks are accepted. Staff
is requesting the credit card charge limit to be increased from $400 to $1,000 in order to
improve customer service and expedite the permitting process.
Administrative staff researched history on permit fee amounts and found there are numerous
permits between $400 to $1,000 and an increase to a $1,000 limit would likely increase
preferred credit card transactions and reduce the volume of physical checks received.
Financial Impact: With an increase to the credit card limit for transaction receipts, an increase in
corresponding credit card transaction fees will occur, based both in the increase in number and
greater amounts charged. This is not projected to be material or consequential with a $1,000
limit.
Options:
The City Council may choose to:
1. Increase the limit on credit card transaction receipts from $400 to $1,000.
2. Not increase the limit on credit card transactions or change to another amount.
Recommendation / Action Requested:
Staff recommends that the City Council authorize an increase to the limit for credit card receipt
transactions from $400 to $1,000.
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
#2F
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Appointment of Hearing Officers
Meeting Date: January 25, 2021
Prepared by: Marie Darling, Planning Director
Reviewed by: Greg Lerud, City Administrator and Tim Keane, City Attorney
Attachments: Resolutions
Background: Section 104.03 Subd. 3 (Appeal to Hearing Officers) directs that the City keep
a list of persons interested in acting as a hearing officer to hear requests for appeals to
citations for code enforcement. Staff recently checked with the hearing officers on the current
list and they are unavailable at this time. We requested recommendations from past hearing
officers, other city’s attorneys, and contacted four people who are interested in serving.
The persons interested in serving as hearing officers include:
Dave Ornstein: David Ornstein served 24 years as City Attorney for Bloomington,
Minnesota, before retiring on November 30, 2009. Since retirement he has served
as a hearing officer for the City of Bloomington and the Bloomington Housing and
Redevelopment Authority. He is also an adjunct/affiliated professor at the
Mitchell/Hamline School of Law.
Shana Conklin: Shana Conklin an associate attorney with the Campbell-Knutson
Law Firm and is the City Attorney for the City of Zimmerman and she also assists
with criminal prosecution matters.
Recommendation / Action Requested: Staff recommends including all the interested
persons on the list as each is qualified to serve in this capacity and it is prudent to have
multiple people to avoid scheduling conflicts.
Proposed motion: Move to adopt the attached resolution appointing a list of hearing.
Any action on this request would require a 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.
S:\\Planning\\Planning Files\\Applications\\2021 Cases\\Administrative Hearing Officers\\CAF Memo.docx
RESOLUTION 21-005
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPOINTING A LIST OF HEARING OFFICERS
WHEREAS, Shorewood City Code, Chapter 104 allows for a process of general penalty
and enforcement for violation of any provision of the City Code; and,
WHEREAS, Shorewood City Code, Chapter 104.03 ADMINISTRATIVE
ENFORCEMENT OF CODE REGULATIONS, Subdivision 3, Appeal to Hearing Officer.
b. Hearing Officer. states that the Shorewood City Council shall by resolution from time
to time appoint a list of persons authorized to act as a Hearing Officer.
WHEREAS, the City found that the officers on the previously appointed list were
currently unavailable and contacted other qualified persons who were willing to serve in
that capacity; and,
WHEREAS, the qualified persons were reviewed by the City Council at the meeting on
January 25, 2021.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA that the following persons are hereby appointed as
Hearing Officers for the City of Shorewood Administrative Enforcement of Code
Regulations:
David Ornstein
daveornstein@comcast.net
952-546-6955
Shana Conklin
Campbell Knutson Law Firm
Grand Oak Office Center
860 Blue Gentian Road Ste #290
Eagan, MN 55121
651-452-5000
sconklin@ck-law.com
If appointed Hearing Officers are unavailable, other hearing officers may be obtained.
th
Adopted by the City Council of Shorewood, Minnesota this 25 day of January, 2021.
____
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2F
Title/Subject: COVID-19 Response
Meeting Date: January 21, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Reviewed By: Sandie Thone, City Clerk/Human Resources Director
Attachments: Emergency Declaration 21-01, Resolution
Background: Throughout 2020, Mayor Zerby issued Emergency Declarations related
to COVID 19. Those Declarations were based on MN Department of Health guidelines,
as well as MN Governor’s Executive Orders.
City Emergency Declaration 20-03 was issued on November 19 and approved by the
City Council on November 23, 2020. That Declaration closed City Hall and the
Shorewood Community and Event Center through the Governor’s Executive Order 20-
99. That Executive Order expired in early January and Governor Walz issued Executive
Order 21-01 which permitted reopening certain public use and private facilities by
following certain restrictions and guidelines.
Based on Executive Order 21-01, staff believes that the Shorewood Community and
Event Center can reopen within the restrictions set by the Executive Order. The
Executive Order did not amend any prior directives that impact operations at City Hall.
City Hall remains closed except by appointment.
Options: Statute requires that a City Council consider a Mayoral emergency
declaration and act to approve, edit, or deny. The City Council has the ultimate policy
making authority regarding these polices and can revise in any way the Council
determines.
Recommended Action: Beginning in March, the city took steps to be able to provide
service in a way that minimizes contact and the spread of COVID, and we have been
doing that since March. Staff recommends approval of the Resolution by 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
RESOLUTION 21-006
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING MAYORAL DECLARATION 21-01
WHEREAS, the COVID-19 pandemic has required government to take extraordinary
steps to respond to the public health emergency; and,
WHEREAS, the Mayor executed an Emergency Declaration, No. 21-01 on January 21,
2021,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. Hereby approves the Declaration of Emergency, No. 21-01 in its entirety.
2. The policies being approved with passage of this Resolution are, at the time of
passage, the based on the MN Governor’s Executive Order 21-06 to try and limit
the spread of the Corona virus and COVID 19.
3. Staff are directed to continue to work at home as much as possible, but to
maintain municipal services and public response as much as possible while
following social distancing and safe practices.
4. Pursuant to the MN Governor’s Executive Order 21-06, the Shorewood
Community and Event Center (SCEC) shall open for public use following the
restrictions contained in the Governor’s Executive Order and shall continue
unless the Governor shall amend Executive Order 21-06 or the City Council shall
determine that the SCEC cannot remain open during the public health
emergency.
5. Unless specifically amended by Emergency Declaration 21-01, the provisions of
Emergency Declarations 20-01, 20-02, 20-03 and their approval Resolutions
remain in force.
6. These measures shall stay in force and effect until the City Council approves
additional conditions or finds that the emergency conditions no longer exist and
rescinds the Emergency Declaration, and the measures in this Resolution.
th
Adopted by the City Council of Shorewood, Minnesota the 25 day of January 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
6A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
JOINT PARK/PLANNING COMMISSION WORK SESSION SHOREWOOD CITY HALL
TUESDAY, JANUARY 12, 2021 7:00 P.M.
MINUTES
1. CONVENE JOINT PARK/PLANNING COMMISSION WORK SESSION
Park Chair Mangold convened the meeting via Zoom at 7:00 p.m.
A. Roll Call
Present: Park Chair Mangold, Commissioners Garske, Schmid, Hirner, and
Gallivan; Planning Chair Maddy, Commissioners Gorham,
Eggenberger, Gault, and Riedel; Planning Director Darling; Park
and Recreation Director Grout
Absent: None
B. Review Agenda
There was a consensus to approve the agenda, as presented.
2. DISCUSSION ITEM:
A. Fire Lanes
Planning Chair Maddy reminded the Commission that the discussion tonight would involve Fire
Lanes #1, #3, #4, #5, and #6.
Planning Director Darling reminded the Commissions of the purpose for discussing these fire
lanes was that the group thought they warranted more discussion. She stated that the primary
questions they were considering were to really look at the allowed use; are any additional uses
appropriate; or should improvements be done in order to allow the site to serve as public lake
access. She stated that there had been quite a bit of discussion about no longer having some of
these fire lanes and vacating them. She stated that she had provided additional information on
vacating the fire lanes at the November meeting. She stated that the DNR has indicated that they
would do several tests on our discussions surrounding vacations. She stated that she has also
had discussions with the Fire Department about public access points that can be used as
observation points when there are emergencies on the lake. She stated they would also like to
have a discussion about the fire lanes being able to be used for smaller vehicle access in case of
emergency and also have a place to launch drones for observation. She stated that the Fire
Department has also asked that the fire lanes be more identifiable so all of the fire fighters would
actually know where they are. She stated that the bottom line is that the Fire Department would
like to maintain some public use for public safety purposes of the fire lanes. She stated that in
November she had also given the Commissions a quote for providing a 10-foot path on each of
the fire lanes out to the water and that was $25,300.
Park Commissioner Schmid asked for the specific definition of a fire lane.
Planning Director Darling explained that a fire lane is defined as a public access onto one of the
two lakes in the City. She explained that they are divided into different classifications and that
JOINT PARK AND PLANNING COMMISSION MINUTES
TUESDAY, JANUARY 12, 2021
PAGE 2 OF 21
code section was included in the packet. She noted that one classification allows pedestrian
access only and one allows some vehicle access.
Park Commissioner Schmid stated that it sounds like, in theory, these should all be left open so
emergency vehicles can access these areas.
Planning Director Darling stated that they are not just for emergency access but also for public
access.
Park Commissioner Schmid asked if people could park a vehicle at the fire lanes.
Planning Director Darling explained that there is one fire lane where a vehicle can be parked and
that is at Crescent Beach and noted that other than that, the vehicles should not be on the fire
lanes themselves, but out on public streets.
Planning Commissioner Riedel stated that the information she shared from the Fire Department
is new information that they have an interest in maintaining the fire lanes for emergency access.
He asked if they had indicated which fire lanes had the most value as these access points.
Planning Director Darling stated that the Fire Chief does not want any of the fire lanes to be
vacated and would like as many potential access or observation points as possible.
Planning Commissioner Riedel asked if this recommendation applied to the fire lanes that were
located along Lake Williams.
Planning Director Darling stated that the recommendation did apply and reiterated that the Fire
Chief does not want any of the fire lanes in the City to be vacated.
Planning Chair Maddy asked if the Mound Fire Department, who serves the islands, had similar
desires for the fire lane access points on the islands.
Planning Director Darling stated that was correct.
Planning Commissioner Garske asked if the Fire Chief had visited the fire lanes or if he was just
asking for more information.
Planning Director Darling stated that the Fire Chief has gone out to every single fire lane.
Park Commission Chair Mangold noted that information that the City received back from the DNR
regarding the potential of vacating the fire lanes related to “present and future access to the
public”. He stated that, while not impossible, it would make it difficult to vacate the fire lanes.
Planning Commissioner Gault stated that based on the DNR feedback and the information from
the Fire Chief, that is a future public use, so it cannot be vacated.
Planning Commissioner Maddy asked if any of the Commissions had an appetite for vacating fire
lanes now that the information from the DNR and the Fire Department have been shared.
There was Consensus of the Joint Park and Planning Commission to take the idea of
vacating fire lanes off the table.
JOINT PARK AND PLANNING COMMISSION MINUTES
TUESDAY, JANUARY 12, 2021
PAGE 3 OF 21
Park Commissioner Garske noted that if the Commission decides that the fire lanes will be kept
for Fire Department access to the lake, there needs to be a discussion about who will fund the
maintenance because some of them are currently impassable and will take work to get them
usable.
Park Commissioner Gallivan stated that he agreed and gave the example of Fire Lane #5 because
he does not see how this fire lane could be of any use to the Fire Department with the way it is
currently constructed. He stated that he does agree that the information shared by both the DNR
and the Fire Department takes vacation off the table, but feels there will need to be discussion
about the classification and maintenance of the fire lanes.
Planning Commissioner Gault stated that he does not think it makes sense that the Fire
Department wants, for example, to keep both Fire Lanes #3 and #4 because they are only about
100 yards from each other.
Planning Chair Maddy stated that he thinks the Fire Chief was basically saying that whatever
access he can get to the lake, he will take, regardless of where it is located.
Park Commissioner Gallivan stated that he agrees with the sentiment behind what Planning
Commissioner Gault stated, but given the DNR’s regulations around this and the position of the
Fire Chief, vacating any of these would be an uphill battle.
Planning Commissioner Eggenberger stated that he could make the same argument about the
proximity between Fire Lanes #5 and #6.
Park Chair Mangold suggested the group start the discussion and Fire Lane #1 and work their
way through the rest.
Fire Lane #1
Planning Chair Maddy reminded the Commissions of the location of this fire lane and noted that
there is some private development on this fire lane. He reviewed the questions that Planning
Director Darling asked the Commissions to consider as part of their discussions.
Planning Director Darling gave a summary of the past discussion and information surrounding
Fire Lane #1.
Planning Chair Maddy asked if there was anyone from the public that would like to speak
regarding Fire Lane #1. There being no public comment, he asked the Commissioners to give
input on Fire Lane #1.
Park Commissioner Hirner asked if the equipment and material from the private home owner and
the yacht club that was placed on the fire lane had been removed.
Planning Director Darling explained that the answer is yes and no. The City had asked the
property owner at the home to the south if they would cut off their irrigation at their property line
and that has been done. She explained that they had also taken their personal items out of the
fire lane, however the yacht club still has a section of dock being stored in the area that has not
been moved. She noted that the boundary between the fire lane and the yacht club property had
JOINT PARK AND PLANNING COMMISSION MINUTES
TUESDAY, JANUARY 12, 2021
PAGE 4 OF 21
not been clearly defined. She stated that she has not required them to remove it at this point
since the boundary is not clearly defined. She stated that she has also not required the home
owners to remove the boulders and landscaping that has been placed over the years to essentially
make it look like private property and noted that some of it was done before the current owners
moved to the property.
Planning Chair Maddy explained that this is a Class 1 fire lane which means it is basically
designed for pedestrian use, canoes, small boats, cross country skiing and generally quiet lake
access.
Planning Commissioner Riedel reminded the Commission of past discussion that parking for this
fire lane will be a huge issue for public access because there is no place to park. He stated that
whoever would use it would be a resident on the island or someone who could find a place to park
and walk to the access point.
Planning Director Darling stated that the yacht club has indicated that there may be room out
there to build a few parking spaces.
Councilmember Callies introduced herself and explained that she is the new Council liaison to
the Planning Commission and noted that she may not be able to stay for the entirety of the
meeting.
Planning Commissioner Eggenberger recommended that the City define the boundary, not vacate
the fire lane, leave it as a Class 1, provide signage, and maintain it.
Park Commissioner Garske asked if recommending a parking space or two would require
changing the classification of the fire lane.
Planning Director Darling stated that parking would be under a different classification.
Planning Commissioner Gault stated that this access could provide good western access for
things like snowmobiles and ATVs.
Planning Commissioner Gorham stated that he feels it may be a bit premature to change the
classification for snowmobiles and suggested waiting to see how it goes with the existing use and
the increasing the awareness of the fire lane.
Park Chair Mangold stated that he agreed that this fire lane is best left as Class 1 and defined by
boundaries and signs.
There was a Consensus of the Commissions to keep Fire Lane #1 as Class 1, not allow
new uses, define clear boundaries, maintain the area, and provide signage.
Fire Lane #3
Planning Director Darling gave a summary of the past discussion and information surrounding
Fire Lane #3. She noted that have been some private improvements by the adjacent land owner
that are in the public right of way, but staff has not provided any direction to the property owner
as of yet. She noted that the lathe marking the location of the fire lanes have been removed, but
the subgrade/survey markers are still there so they can be reidentified.
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Planning Chair Maddy stated that identifying the boundaries will be an important part of the fire
lanes.
Park Commissioner Gallivan asked about the interaction between Fire Lane #3 and #6 regarding
snowmobile access. He asked for clarification on past input that you could not truly access the
lake from Crescent Beach with a snowmobile because it is mostly on the Shorewood side and is
really mostly a drainage ditch and the other side of Crescent Beach is Tonka Bay and it is not
classified for snowmobile access.
Planning Director Darling noted that she believes that Tonka Bay is also discussing their fire lanes
but stated that she had discovered that Shorewood does allow snowmobile access, but Tonka
Bay does not. She stated that it is challenging to find the actual boundary right between Tonka
Bay and Shorewood. She stated that it does appear that the Shorewood side is mostly within the
drainage ditch or along some of the upland property that looks like the adjacent home.
Planning Chair Maddy asked if there were any members of the public that would like to give input
on Fire Lane #3.
Michael Blomquist, 5425 Grant Lorenz Road, stated that Fire Lane #3 is totally accessible. He
noted that right now it is just foot traffic and everyone is being totally responsible and obeying the
rules and going down to Crescent Beach because that it the most accessible fire lane in the City.
He stated that this access is lighted and is probably the safest access point. He stated that
according to information shared by Planning Director Darling this fire lane should be 25 feet wide
and he would like to know where the other 18 feet of it went because that is about how wide it is.
Planning Director Darling stated that if it is found that there are private improvements within the
fire lane, the City can ask that they be removed, but explained that she had stopped asking
adjacent residences to do this until the Commissions had finished their discussions.
Mr. Blomquist asked why Planning Director Darling had stopped making those requests.
Planning Director Darling explained that if the Commissions were proposing to vacate some of
these fire lanes it seemed pointless to request that the private improvements be removed.
Mike Melnichek, 25360 Birch Bluff Road, asked if there were any variances granted for any
improvements along Fire Lane #3.
Planning Director Darling stated that there no variances granted because the City cannot grant
variances for uses within the right of way.
Mr. Melnichek clarified that the improvements were made without City approval. He asked if there
had been any attempt, to date, of trying to enforce the changes.
Planning Director Darling stated that there may have been some discussions with the property
owner regarding the camera, but that was another staff person.
Planning Chair Maddy reviewed the questions that needed to be considered.
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Planning Commissioner Riedel stated that the only reason the City is discussing all of the fire
lanes is because of the issues surrounding this particular fire lane. He that this fire lane is clearly
classified as not allowing motorized use and the adjacent property owner has expressed his
objection to the motorized use. He stated that regardless of the fact that people have been using
it for snowmobile access for many years, he cannot see a case being made that the City should
change the use classification. He stated that based on principle, he believes this fire lane should
remain non-motorized access.
Park Chair Mangold stated that if there needs to be discussion about snowmobiles having more
access to the lake, he believes that can be discussed. He stated that he feels allowing
snowmobile access in this location just because it has always been done here is a slippery slope
because it means the City was not enforcing what it should have been. He stated that he is
leaning towards agreeing with Planning Commissioner Riedel. He stated that he feels the City
should be enforcing what is already in place which means there should also not be trucks down
there removing docks.
Planning Commissioner Eggenberger stated that the homeowner should also not be able to park
vehicles on the fire lane and he agrees with the other Commissions that the use should retain its
current classification and the City should enforce it.
Planning Commissioner Gault stated that he feels there can be a case made for common usage
and the City has received about 10 letters from people who feel they were sold their house with
the idea that they would have this access to the lake. He stated that he feels the feedback has
been overwhelming to continue the common usage as it has been used for decades. He stated
that he doesn’t think it would be right for the City to now come in and just say it should have been
enforcing this all along. He stated that it is not legal to access the lake from Birch Bluff Beach
because the Shorewood portion is unusable and it is not allowed on the Tonka Bay portion. He
stated that by insisting this be retained as Class 1, he feels it would be telling the residents, that
the City will not allow you to have motorized access to the lake from Shorewood property which
he doesn’t feel is something that a City with the name “shore” in it should be telling its citizens.
Planning Commissioner Gorham stated that normally he would agree with Commissioners Riedel,
Eggenberger and Park Chair Mangold in this situation, however the homeowner seems amenable
to supporting the neighborhoods enjoyment of using the fire lane for snowmobile access. He
stated that he is afraid of a potential liability issue with the homeowner, but feels that if the City
can find a way to make this work with what the homeowner would be agreeable to, he doesn’t
know why the City wouldn’t work towards that end.
Park Chair Mangold stated that if the Commissioners are saying that this is the best, safest access
to the lake moving forward, then he is more on board with that argument than the argument that
the City is going to continue doing it because it has always allowed it.
Planning Commissioner Gorham stated that his point is that the City has heard from a lot of people
who want the allowed usage in this location to change and the adjacent property owner is willing
to accept change with some caveats and he believes the City should explore in that direction
rather than being rigid.
Park Commissioner Gallivan stated that he would like to leave it, as is, for right now, but thinks
the City should explore the point that Planning Commissioner Gorham was getting at and speak
to the adjacent homeowner and get some clarity with what he would be okay with. He stated that
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he is not entirely clear on what that homeowner’s position is. He stated that he also thinks the
City should engage in a conversation with Tonka Bay when it comes to Crescent Beach. He
asked if the City truly believed this is the safest and best access for snowmobiles in the City. He
stated that he would not be comfortable moving forward until some of these questions are
answered and reminded the Commissioners that the homeowner did his due diligence and
checked with the City and found out the classification of the fire lane prior to purchasing this
property.
Planning Chair Maddy stated that his understanding of the discussion thus far is that many of the
Commissioners do not want to see the classification changed right away, but see a chance for a
compromise and an opportunity to work with the adjacent neighbors.
Planning Commissioner Gault stated that he feels that is just kicking the can down the road. He
stated that he thinks the question for the Commissions to answer is whether it will be left as a
Class 1 or if they will recommend it be changed to a Class 2 with conditions.
Park Commissioner Gallivan asked if there were currently hours of operation and noted that he
does not know how the City can enforce this type of thing. He asked if it was realistic to expect
people not to use it between the hours of 11:00 p.m. and 7:00 a.m. just because a sign is posted
when they have already been using the fire lane in a manner that they aren’t supposed to.
Planning Commissioner Gault stated that he believes people were using in that manner because
they did not know it wasn’t allowed.
Park Commissioner Hirner stated that he is on the middle ground for this issue and thinks that it
is not one or the other. He stated that he feels there should be a way to satisfy everyone’s
concerns. He stated that some of the things that could be considered is installing a fence to help
deflect noise and look at the timing of the hours of operation. He stated that he understands that
the homeowner did their due diligence, however there is a long-term use and thinks there is a
viable reason to come to an amenable agreement with all the parties. He stated that he is not
comfortable with this group making that decision without having more information from the parties
involved and getting their opinions on what they are willing to accept.
Planning Commissioner Gault stated that the City has already gathered this information and he
keeps hearing over and over that the Commissions need to recognize the concerns of one
homeowner.
Park Commissioner Gallivan stated that he does not see that as a fair characterization.
Planning Chair Maddy stated that the one homeowner he is referencing has the law on his side,
as well.
Park Commissioner Gallivan stated that people are saying that they are open to changing it with
conditions, but are also suggested that this be discussed with the one homeowner. He stated
that the fact that the Commissions are having this conversation is an acknowledgement that the
City is open to listening to their concerns. He stated that he agrees with Park Commissioner
Hirner that the City can engage in conversations so this does not kick the can down the road.
Planning Commissioner Gault asked if the posted hours of operations for snowmobiles also
applied to City streets.
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Planning Director Darling confirmed that those hours are valid within the City.
Planning Commissioner Gault stated that the only reason snowmobiles will be running around on
City streets is in order to access the lake. He stated that it seems unreasonable to limit their
access to the lake more than the access would be limited to the City streets.
Planning Commissioner Riedel noted that people are only permitted to drive their snowmobile
from their residence on the most direct path to the lake access, which means people are not
allowed to just go joy riding on City streets with their snowmobile.
Park Commissioner Garske asked what would happen if the City just decided to change the
classification to a Class 2.
Planning Director Darling stated that there are legal avenues that the homeowner could take. She
stated that one of the letters included in the packet had a photo of some new signage that the
City of Tonka Bay just put up in their fire lane. She read aloud the sign that says, “No
Snowmobiles or other Motorized Vehicles Allowed in Fire Lanes between 10:00 p.m. and 7:00
a.m.” and is also winter access only. She stated that this sign is posted at Crescent Beach.
Planning Commissioner Riedel stated that this information changes the discussion if Crescent
Beach has snowmobile access because people along Birch Bluff Road have that option for lake
access.
Park Chair Mangold stated that he does not think this picture was taken at Crescent Beach.
Planning Director Darling stated that she was mistaken and the sign is posted at the bay access
near Manitou Road.
Mr. Blomquist, asked if there had ever been a parking issue at this fire lane with vehicles and
trailers.
Planning Director Darling stated that she had not heard of parking issues.
Mr. Blomquist stated that he agrees with the times that have been discussed. He stated that he
has a friend that lives on Lake Independence and he has a private access that is a gate, with a
locked gate that works really well. He noted that there is not a sign at Crescent Beach.
Mr. Melnichek also stated that there is not a sign at Crescent Beach.
Planning Chair Maddy took a poll of the Commissioners to gauge their feelings about a proposal
to allow snowmobile and ATFV access on Fire Lane #3, which means a change to Class 2 with
extra conditions – Ayes – Hirner, Garske, Gorham, Gault, Nay – Mangold, Gallivan, Schmid,
Eggenberger, Riedel, Maddy
Park Commissioner Gallivan stated that he thinks if the City pursues a collaborative route, that
may change the consensus to a different vote.
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Park Commissioner Garske stated that he is torn because he can see both sides and thinks they
both have valid points. He stated that his decision to support changing this fire lane to a Class 2
was because having access to the lake is a value add to the community.
Park Chair Mangold stated that he thinks there are two choices: to present this to Council as is,
showing that both Commissions are very split on this issue and get them to weigh in, or can
attempt to refine the question.
Park Commissioner Schmid asked if there is another option for snowmobilers getting onto the
lake other than through the fire lanes.
Planning Commissioner Gault stated that there is not. He suggested that the Commissions
recommend to Council that this be put out to a public hearing with the notification that the City is
considering reclassifying Fire Lane #1 from a Class 1 to a Class 2.
Planning Commissioner Eggenberger stated that he would support that suggestion.
Park Commissioner Gallivan stated that he thinks of that as a totally different conversation or path
forward. He stated that he is totally fine engaging in conversations with the homeowner and
Tonka Bay but voted no because he felt he was being asked if he was ready to classify it as a
Class 2 fire lane tonight.
Planning Chair Maddy stated that he believes this is the fourth public meeting the City has held
regarding fire lanes.
Planning Commissioner Gorham stated that holding another public hearing is just kicking the can
on this issue. He stated that the group has voted 6 to 4 and doesn’t know what else needs to be
said.
Park Chair Mangold stated that he is fine sending this to the City Council with the reality that the
group is very split and leave it in their lap. He stated that he does not think this group should just
kick the can and should either send it to Council as it or continue to talk about it until there is a
clearer consensus on the action.
Planning Commissioner Gault stated that the Commission keep talking about Crescent Beach
being the alternate access, however the part that is within the City cannot be used as access. He
stated that it seems like the City is just saying people can just use the Tonka Bay side, but asked
what would happen if Tonka Bay doesn’t agree to that idea. He asked what would happen if
Tonka Bay felt this was a good idea, but only for Tonka Bay residents. He stated that he believes
as a City, it is incumbent on us to provide access to the lake within the City.
Commissioner Riedel stated that he disagrees and feels the letter of the law would absolutely
prevail in this situation. He stated that the letter of the law is clear that motorized access is not
allowed and the homeowner, if he chose to contest a change in the use of the fire lane, he would
prevail in court and the City would lose. He stated that it is like adverse possession and it is very
hard to make the case that people have used it this way, so that is now the rule. He stated that
he has sympathy for the person who bought the property thinking that there would not be
snowmobile access to the lake. He stated that he also does not think this issue should be kicked
down the road and noted that the opinion of that homeowner is pivotal to this discussion because
if he would be agreeable to a change allowing motorized access with enforcement and rules, then
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that would change his vote. He stated that this is the fourth public meeting and doesn’t think
those should just continue to be held and this continued to be discussed.
Planning Commissioner Gorham stated that changes in the classification with restrictions is
dependent on the homeowner agreeing to the changes. He stated that it will not stop him from
suing if the City does it without his consent. He stated that he was suggesting Class 2 with
restricted access and enforcement, but the homeowner needs to indicate support of it.
Park Commissioner Gallivan moved that if the homeowners at the adjacent properties are
amenable to the change in classifications with restrictions, that the Joint Park and
Planning Commission would support reclassifying Fire Lane #3 to Class 2. Park
Commissioner Hirner seconded the motion.
Park Commissioner Garske noted that reclassifying to a Class 2 would remove the ability to fish
from shore at this location.
Planning Director Darling stated that the classifications could be amended. She explained that
this really only applies to Crescent Beach because it is a swimming beach.
Planning Commissioner Gorham stated that there may need to be a larger discussion about wat
the word “amenable” means in this instance and may be something the City Attorney may need
to weight in on.
Planning Commissioner Gault stated that he is not comfortable with the idea of giving two people
veto power over this decision.
Ayes – Hirner, Gallivan, Schmid, Garske, Gorham, Eggenberger, Gault, Riedel Nays –
Mangold, Maddy. Motion carried 8-2.
There was discussion of the use of barriers.
There was a Consensus of the Commissions to provide signage with hours of operation,
define clear boundaries, maintain the area for Fire Lane #3.
Fire Lane #4
Planning Director Darling gave a summary of the past discussion and information surrounding
Fire Lane #4.
Park Commissioner Hirner stated that although this is close to Fire Lane #3, he goes back to the
public safety aspect of the fire department needing to have access to the lake.
Planning Commissioner Maddy opened this item up for public participation. There was no public
input.
Planning Commissioner Eggenberger stated that if the City is going to leave it as a fire lane, it will
need signage and maintenance.
Planning Commissioner Gault noted that it appears as though there are some fairly mature trees
located in this fire lane.
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Park Commissioner Garske stated that he visited this location today and there are some large
trees in the middle of it, but noted that on foot it is fairly easy to get to the water. He stated that
he spoke with one of the homeowners who explained that the fire lane used to be used much
more open, but then other homeowners had planted things in the fire lane to make it look nicer,
which also made it feel more like private property, so they stopped using it.
Park Chair Mangold stated that if the City has already determined that it will not vacate the fire
lanes, that this fire lane should be enforced and signed the same way the other Class 1 fire lanes
are.
Planning Chair Maddy asked if he meant taking out the trees for vehicle access or just having a
pedestrian trail, defining the boundaries and providing signage.
Planning Commissioner Riedel stated that he would echo Park Chair Mangold and feels signage
is important and they must be maintained as City property.
Planning Commissioner Gorham stated that he remembers this fire lane being well maintained
and looking nice so what would it mean to have the City maintain it. He asked if that meant getting
rid of the encroachments.
Planning Chair Maddy stated that he believes the idea is to maintain it in a way that a pedestrian
could cross it without feeling like they are trespassing.
Park Chair Mangold stated that he believes that this will involve eliminating encroachments. He
reiterated that if this remains a Class 1 then it needs to be enforced and maintained the same
way as all the other Class 1 fire lanes.
Planning Commissioner Gorham stated that he believes there may be a small storage building
located in the fire lane, so that encroachment would need to be removed. He stated that he
believes “maintain it” is a very ambiguous direction. He stated that this one is already “maintained”
and is being mowed.
Park Chair Mangold stated that it may be a situation where the City has it on a schedule to be
mown every two weeks and then the homeowner takes it upon themselves to mow it the week in
between. He stated that the question becomes is the homeowner doing it as community service
or is he making it his own property.
Planning Commissioner Riedel stated that the rules prohibit private citizens from performing any
improvements on the property.
Planning Chair Maddy stated that he does not think mowing a lawn is an improvement, but would
agree that putting a shed on the land would be an improvement.
Park Commissioner Gallivan noted that because the City has not maintained the fire lanes, nearby
residents have been forced to do it.
Planning Director Darling stated that she believes the code states that there is not supposed to
be any private maintenance of the public way.
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Park Commissioner Garske stated that the City could set a basic standard of how it will be
maintained and the code says that no one shall maintain it without approval by the City. He stated
that if the City gave permission, the residents could, for instance, mow the area.
Park Chair Mangold stated that would be a stretch of the Adopt a Garden program. He stated
that the City had kept Fire Lane #2 for utility access, but will not be marked as a fire lane. He
asked if this one was more that kind of classification as not really Class 1 but still being City
access. He stated that in that case it would not be marked, but it would be retained and, in the
future, could be changed back if needed.
Park Commissioner Gallivan stated that he kind of likes that idea for both Fire Lane #4 and Fire
Lane #5.
Planning Commissioner Riedel asked if the Fire Chief or the DNR would have objections to this
remaining City property, but not be classified as a fire lane with no further discussion about use.
He asked what that would mean and whether the public could use it as an access point if it is not
a fire lane.
Planning Director Darling stated that they could but that would be even more of an uncomfortable
situation for the residents that want to use it because it will appear even more as though it is
private property.
Planning Chair Maddy suggested that the City state that this will be minimally maintained and that
a pedestrian trail be maintained from the waterfront to the street.
Park Chair Mangold asked what the City was calling Fire Lane #2.
Planning Chair Maddy stated that he believes that the only recommendation was that it was not
needed as a fire lane and no action has been taken by the Council.
Park Commissioner Gallivan stated that the recommendation was that there would be some
signage that said it was City property for City use only for utilities or something similar.
Planning Commissioner Gault stated that could be gated then if it was only needed for City staff
to access.
Planning Director Darling stated that would be tricky because there is a separate property that is
beyond the City property in this location. She noted that she is not prepared with details and
photos for Fire Lane #2 since there was not a plan to discuss that fire lane.
Planning Chair Maddy stated that he does not think the group generally had the thought of gating
the fire lanes.
Park Chair Mangold stated that he thinks that Fire Lane #4 could be classified the same as
whatever Fire Lane #2 is classified as because it is a full access point for the City.
Planning Director Darling stated that it would be an unmaintained public right of way.
Planning Commissioner Gorham stated that he believes the City would still have to go to the DNR
in that instance.
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Planning Director Darling stated that the City would not have to go to the DNR because they
would not be vacating anything.
Planning Chair Maddy stated that unmaintained is what got the City into this situation in the first
place.
Park Chair Mangold stated that he can get behind this being considered Class 1 and treating it
as a Class 1.
Planning Chair Maddy stated that would mean marking the boundaries and putting up signage
but asked what kind of maintenance would be recommended.
Park Chair Mangold stated that he believes there is a maintenance chart for different levels of
parks, so he thinks that would be up to Public Works based on their chart.
Planning Director Darling cautioned that if the Commissions decide to leave the maintenance to
Public Works discretion, that will probably mean it will be maintained the same as its current
condition.
Planning Commissioner Gault stated that in many ways the fire lanes are mini-parks.
Park Chair Mangold noted that he cannot remember all the details of the different tiers for
maintenance, but believes there are 5 tiers.
Planning Chair Maddy suggested that the Commissions keep the discussion surrounding uses
and not maintenance.
Park Commissioner Garske stated that he believes the expectation should be very minimal
maintenance regimen that will provide access to the lake. He stated that the fire lanes are not
mini-parks.
Planning Commissioner Eggenberger stated when he visited the fire lanes 6 months ago there
were a few that he could not have walked through to get to the lake without going on private
property because so much brush and trees have grown on the fire lanes. He stated that he
doesn’t think it makes sense to do nothing and maintain it the same as its current condition.
There was a Consensus of the Commissions to provide signage with hours of operation,
define clear boundaries, and maintain the area for Fire Lane #4.
Planning Commissioner Gorham asked if the Commissions should also recommend that the
encroachments will be removed.
Planning Chair Maddy stated that he believes that point goes without saying and that
improvements that were not the cities should be removed. He asked if the Commission needed
to explicitly say that private property cannot be stored on public property.
Planning Director Darling agreed that it would be good to have some direction related to this fire
lane.
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There was a Consensus of the Commission that any private property on Fire Lane #4 shall
be directed to be removed.
Park Chair Mangold stated that he would like the Commission, as a group, be clear that any
private property located in any of the fire lanes should be removed.
There was a Consensus of the Commission that any private property located in any of the
fire lanes should be removed.
The Commission discussed the potential difference between private property and landscaping or
vegetation that have been planted within the fire lane.
Mr. Blomquist stated that he feels the Commissions are inconsistent with who has property
encroaching on fire lanes. He stated that he feels like they are allowing certain things but not
allowing other things.
Park Chair Mangold stated that he had just suggested that the Commission be clear that all private
property located in any of the fire lanes should be removed, so that is consistent.
Mr. Blomquist stated that it appears to him that Fire Lane #3 is supposed to be 25 feet wide and
is down to about 7 feet and the Commissions are letting sheds and other things stay.
Planning Chair Maddy stated that the Commissions have already stated that they will be
addressing the encroachments and that will mean sheds and even landscaping in some areas of
the fire lanes will have to be removed.
Planning Commissioner Gault stated that he thinks the confusion may be coming from Planning
Director Darling’s statement that she had not contacted the adjacent homeowners with the need
to remove their private property from the public land until it was resolved on whether or not the
City was going to vacate the fire lane. He stated that the Commissions have now decided that
they will not vacate any of the fire lanes, so now it will be appropriate for the City to move forward
in addressing the encroachments on the fire lanes.
There was additional Consensus that the Commissions feel that all private property on
public right of way is to be removed.
Fire Lane #5
Planning Director Darling gave a summary of the past discussion and information surrounding
Fire Lane #5.
Park Commissioner Garske asked how access used to be made to the lake since it is such a
steep access point.
Planning Director Darling stated that there had been some sort of steps at one time. She stated
that is it a bit steep and property footwear would be needed in order to navigate the area.
Park Commissioner Gallivan stated that this one is so overgrown you need to go onto private
property in order to gain access to it. He stated that this one will require a significant amount of
work in terms of maintenance and getting it cleared out. He suggested that this one should go to
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the unmaintained public right of way and leave it as that. He noted that he does not think this one
should have signage or boundaries marked.
Planning Commissioner Gault suggested reclassifying this fire lane to a Class 1. He stated that
he doesn’t agree with the idea that the City should not spend money to maintain this and thinks
this area has the most potential for a park-like usage. He stated that perhaps it could just be
something like cutting a 3-foot walking path through the property.
Park Commissioner Gallivan stated that the City should have been maintaining this and has not.
He stated that there is a lot of work that would need to be done to this site and doesn’t think there
is really legitimate access to the lake. He stated that he is not opposed to doing the work but
thinks the City needs to choose to really do the work to fully clean it up or take the unmaintained
approach.
Planning Commissioner Gault asked how the fire department would be able to use this if it was
just left as is.
Planning Director Darling stated that she assumes they would use it for observation.
Planning Commissioner Gault stated that it appears as though they would need to use private
property in order to get out there because it is so overgrown you cannot get through to access
the lake.
Planning Chair Maddy stated that the City could cut a walking path through it.
Planning Commissioner Eggenberger stated that it looks like it will be significant work, but it will
be one time work because then it will be maintained. He stated that if they cut a 3-foot path
through there and then get it on a maintenance schedule and that will not be too hard.
Park Commissioner Hirner asked if there really had been a dock in this location.
Planning Director Darling stated that there had been a dock at one point, but not for 15 years or
so.
Park Commissioner Hirner stated that if the City cuts a walking path through the area, the dock
may be something that reappears.
The Commission discussed the possibility of a community dock being allowed in this location.
Park Commissioner Garske stated that he is in favor of keeping the classification as a Class 3.
Park Chair Mangold stated that he sees this fire lane as having more potential for future use than
most of the other fire lanes.
Park Commissioner Gallivan stated that the City needs to commit to doing the maintenance and
also feels there will need to be a barrier at the top for safety purposes or putting in satisfactory
stairs. He stated that he is not comfortable just putting in a half solution of kind of cleaning it up.
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Planning Commissioner Gault stated that if the City is going to bring these fire lanes up to the
level that they can be used, the City needs to be committed to doing the initial work and then to
actually maintaining them.
Park Commissioner Garske stated that because the embankment in this location is so steep, he
feels some fencing may be needed in order to keep people from getting too close. He asked if
that also meant the City needed to install stairs so there is actually lake access which may be
very expensive.
Planning Director Darling suggested installing a sign that states “No Access Beyond This Point”.
Planning Chair Maddy stated that he has been in many parks that have had some dangerous
terrain and feels that you need to have some self-responsibility.
Park Chair Mangold agreed that he does not think there is a huge liability issue here. He stated
that he thinks this fire lane could be one that the City addresses piece by piece. He stated that
they could just start by clearing out a place to walk so the fire department would have access to
this as an observation point or to send up a drone.
There was a Consensus that Fire Lane #5 be kept as Class 3, signage marking the fire lane,
signage warning of the bluff, define clear boundaries, and maintain enough to get
pedestrians to the bluff area for Fire Lane #5.
Fire Lane #6
Planning Director Darling gave a summary of the past discussion and information surrounding
Fire Lane #6.
Park Chair Mangold asked if the City was maintaining anything at Crescent Beach.
Planning Director Darling explained that most of the maintenance dollars at Crescent Beach go
towards maintenance of the beach.
Park Chair Mangold stated that he thought Tonka Bay had taken over all maintenance for this
beach.
Park and Recreation Director Grout confirmed that Tonka Bay does handle all the maintenance
for Crescent Beach, but believes that the City contributes money towards those costs.
Planning Commissioner Eggenberger stated that this drainage ditch is very important to the City
and feels similar to Fire Lane #2.
Planning Chair Maddy asked if there was any input from the public regarding this fire lane.
Mr. Melnichek stated that he owns the property just west of the fire lane. He stated that he thinks
there are some things that need to be clarified. He stated that he wants to make clear the
boundaries of this fire lane and in its current state it cannot be used by anyone for any practical
reason. He stated that all of the access is being used through Crescent Beach and nothing is
going through the fire lane area. He stated that he is a former fire fighter, and does not agree
with the Fire Chief that there is any practical use of the fire lanes within the City. He stated that
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for emergency services or public service, they can go on private property in those situations. He
stated that the fire lanes are not marked nor has there been any training and disagrees with the
Fire Chief that the fire lanes are valuable assets. He stated that as a short-term resident of the
City he feels they have consistently demonstrated an inconsistent enforcement of the City
ordinance with regard to these fire lanes and has really contributed to or caused the mess that is
in place today. He stated that he challenged the Commissions to rename the fire lanes to what
they really are, which is public access to the lake. He stated that regarding Fire Lane #6, he has
reached out to the City numerous times about maintaining it and until recently, when he spoke
with Mayor Labadie, he has finally been told that this area will get some attention. He stated that
the fire lane area is a complete mess and is an embarrassment for him. He stated that there are
dead trees constantly falling on his property and even had a dead tree fall on one of his building
structures last year. He stated that he is not allowed to maintain this area, but already has plans
to do it in the spring for the safety of him and his pets, since the City has not had any enforcement.
He stated that he doesn’t understand the City’s desire to hold so tightly to the fire lanes, but yet
they have done nothing to maintain them. He asked the Commissions to abandon all the fire
lanes because they serve no purpose.
Planning Chair Maddy stated that he believe the Commissions agree with much of what Mr.
Melnichek stated and are trying to move forward in a better path.
Planning Commissioner Eggenberger stated that it this a drainage ditch and he believes it needs
to be kept as that, but it needs to be maintained. He stated that he would suggest reclassifying it
to the same as Fire Lane #2 that will be kept because of the utility access. He stated that he
would agree with Mr. Melnichek that the City should probably call these public accesses and not
fire lanes, except for Fire Lanes #2 and #6 because they are not public access.
Park Chair Mangold asked if there was snowmobile access at this point and noted that he is not
completely clear on what is happening with Tonka Bay at Crescent Beach. He stated that he
would like to know what Tonka Bay’s expectations are and noted that he feels the entire beach
needs to have consistent rules and consistent enforcement.
Planning Commissioner Eggenberger stated that he feels this area is unusable as a snowmobile
access point.
Planning Director Darling stated that she can have a conversation with Tonka Bay before this
goes to City Council to clarify some of these issues.
Planning Chair Maddy stated that he thinks that is a good idea and would like to see what Tonka
Bay allows because if the City reclassifies this to something that does not allow snowmobiles,
that may disallow snowmobiles to the entire beach.
Park Chair Mangold stated that he agreed that the City needs to think about how this issue plays
out with Tonka Bay and how this balances that situation.
Planning Commissioner Riedel stated that he was out there yesterday and it appears as though
the snowmobilers were driving right on the western boundary. He stated that he understands that
this is a drainage ditch and is not a great access point, but some snowmobile drivers are aware
of the regulations and are hitting the most western point which appears to be passable for
snowmobiles. He stated that theoretically the drainage ditch could be improved or modified to
actually allow snowmobile access in this location on the Shorewood side.
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Planning Chair Maddy asked how many snowmobiles Mr. Melnichek heard or saw on a regular
basis cutting through this area.
Mr. Melnichek stated that there has been a bit less snowmobile traffic this year because of the
thin ice and lack of snow. He stated that he would estimate 6-12 snowmobiles a day. He stated
that he has seen more ice fishing traffic with people parking their cars and walking out to the ice.
He stated that the reason snowmobilers are using the west side for access is because the dock
and parking is on the other side. He stated that nobody is using the ditch for anything. He
reiterated his request for the City to maintain the vegetation all along the ditch area. He stated
that he would like the conversation to focus on the City’s fire lane because Shorewood cannot do
anything about Tonka Bay and reiterated his request that the City cleans this thing up.
Park Chair Mangold stated that he thinks there is more to this fire lane than just the ditch. He
stated that Tonka Bay is an active partner with the City and he believes everything the City has
done has been to maintain and build upon that partnership and this would be another key element
of that because we are small town neighbors.
Park Commissioner Gallivan stated that he does not see the need to change the classification
for this fire lane. He stated that it is clear that the City has to take care of it and what has been
done recently has not been enough.
Planning Commissioner Gault stated that could say that generally about all the fire lanes and
suggested it be put forward to the Council that the City needs to properly maintain the fire
lanes/public access points so they are usable for City residents. He stated that he thinks the
Commission may need to word it strongly that every one of these fire lanes need to be maintained
so it can be used as classified.
Planning Commissioner Riedel stated that despite the fact that this meeting has been going on
for 3 hours, it does not feel as though much has been accomplished. He stated that he is not in
favor of changing the classification because it is a legitimate access point for snowmobiles. He
asked if there was consensus that this should be the snowmobile access point for Shorewood
and whether it should be maintained for that purpose. He stated that would mean maintaining or
modifying the drainage ditch so there is a level area to the west of the ditch for snowmobile
access.
Park Chair Mangold stated that he would agree because the City has this access and needs to
clean it up so it can be used for its proper use.
There was Consensus of the Commissioners to retain Fire Lane #6 as a Class 2 Fire, install
signage with hours of operations, establish boundaries, coordinate on snowmobile access
with Tonka Bay, that the area be maintained and cleaned more frequently because of its
proximity to the beach.
Fire Lanes #7, #8, #9, and #10
Planning Chair Maddy stated that the Commissions will want to let the Council know that originally,
they had recommended vacation of three of these fire lanes, but with the new information received
regarding regulations, it makes sense for the City to sit on them until a future use is found.
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Planning Commissioner Eggenberger stated that there should also be signage and maintenance
for these fire lanes as well.
Park Chair Mangold stated that he feels that would be another subclassification. He asked what
the plan was for Fire Lane #2, and noted that he feels these four fire lanes should be treated the
same. He noted that it has basically been decided that the City will keep them for utility and future
use but not having them in the public access classes of fire lane.
Planning Chair Maddy stated that he believes that is the recommendation since they will not be
vacated.
Planning Director Darling confirmed that the DNR will have the same position on the Lake William
fire lanes as it does on the Lake Minnetonka fire lanes.
Planning Chair Maddy stated that he would be more comfortable sitting on these fire lanes and
seeing what happens once the City cleans up the ones discussed earlier tonight. He stated that
he does not think the City needs to clean them all up in one fell swoop.
Park Commissioner Gallivan stated that he is comfortable with keeping these as unmaintained
public accesses because these from a maintenance standpoint are completely different.
Planning Commissioner Eggenberger stated that he is having a hard time understanding why the
City would maintain a fire lane such as Fire Lane #4 but not one on Lake William is the City is
going to keep them.
Planning Chair Maddy stated that there is a lot more traffic on Lake Minnetonka than there is on
Lake William. He stated that he doesn’t think that is saying that the City will not maintain these
fire lanes in the future.
Park Commissioner Gallivan stated that it appears as though the City could be vacating these fire
lanes if it could get the approval from the DNR which does not appear likely.
Park Chair Mangold stated that this is correct and the question now is, if the City is going to keep
them, if they are interested in some kind of subclass that is not defined today or should these be
the same as the Lake Minnetonka fire lanes.
Planning Chair Maddy stated that is an interesting idea to create a fourth class that maintains it
as City property, not let anyone store or build anything on it, but perhaps not mark it, make a
pedestrian trail through it.
Planning Commissioner Riedel stated that is basically what Fire Lane #2 is because the City has
lots of little parcels of land that are owned by the City and are public, but there is no requirement
to maintain them and is at staff’s discretion. He stated that he feels that would be the easiest
solution.
Park Chair Mangold stated that he believes that they do all have maintenance requirements and
are not just ignored, and gave an example of certain parcels that are just checked twice a year.
Park Commissioner Gallivan stated that it is clear that the City needs to do a better job maintaining
the Lake Minnetonka fire lanes and differentiating them helps.
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Park Chair Mangold suggested that the Commissions look at this as a group that they are willing
to keep, that they are not maintained currently because there is not high demand or a safety
concern, but confirm this with the Fire Department that there is not a need to clear something out.
Planning Commissioner Eggenberger stated that someone drowning on Lake William is just as
important as someone drowning on Lake Minnetonka.
Park Chair Mangold stated that he believes they have access right off of Minnetonka Boulevard,
but that is the reason to ask the Fire Department that question and see if there would be a benefit
to clearing any of these fire lanes for use.
Park Commissioner Garske stated that he is of the opinion that the City should still attempt to
vacate these fire lanes and communicate to the DNR that the City has no present or future use
for the fire lanes.
Planning Commissioner Eggenberger stated that he would agree.
Planning Commissioner Gault stated that he also agreed.
Park Commissioner Gallivan stated that he would also agree to that approach.
Planning Chair Maddy stated that recommendation has already gone to the Council, so the
Commissions can wait and see what the Council says with the new information about vacation.
Planning Commissioner Eggenberger asked if there was any appetite to stop calling these “fire
lanes” and call them lake access. He asked if there was any legal reason to keep the name fire
lanes.
Planning Director Darling stated that was something that was discussed at an earlier meeting and
does not think there are any legal ramifications to that change.
There was a Consensus of the Commissions to recommend that fire lanes be called
Shorewood Public Lake Access.
Park Chair Mangold asked if the Commission felt these should be shown on the City’s Parks and
Trail map of the City.
There was Consensus of the Commissions to include the fire lanes/Public Lake Access on
the City’s Parks and Trails map.
Mr. Melnichek stated that he just had a survey completed of his property which includes the fire
lane information. He noted that it has been staked and marked out and clearly shows where it is
located. He suggested that any of the interested Commission members come out to look at Fire
Lane #6 because a portion of his house encroaches on it and would prevent there being a
walkway built in the area.
Planning Commissioner Gorham stated that he is concerned that the City has all these intentions
and then there be a lack of execution. He stated that he would like to commit to this group meeting
regularly, even if it is just once a year to revisit the success of what they are trying to accomplish.
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Planning Chair Maddy stated that he likes that idea and asked for input from the other
Commissioners.
There was Consensus of the Commissions that they would like to see a Joint Park and
Planning Commission meeting scheduled at least once a year.
Planning Commissioner Gault stated that there has been a lot of discussion about maintenance
and asked who will follow up to ensure that it is getting done as requested. He asked if that would
be the responsibility of the Park Commission.
Park Chair Mangold stated that their standard operating system in the park system is to outline
generally what they would like to see done and then they ask for a progress update from Public
Works. He stated that he assumes that they could also get a summary of where things are at
with the fire lanes and that information could be added to the packets for both the Planning
Commission and the Park Commission. He noted that once a year the Park Commission visits
every park and questioned whether the fire lanes needed the Commissions to circle back and
check on what City staff has done.
Mayor Labadie thanked the Commissions for their work, time and effort to address this issue.
She stated that she thinks they have been very thoughtful in their considerations tonight. She
commended the Commissions for the respect they have shown each other throughout the
meeting.
Planning Director Darling explained that she would compile a written report for the Council based
on the two joint meetings and separate meetings in November.
3. ADJOURN
Planning Commissioner Riedel moved to adjourn the Joint Park and Planning Meeting of
January 12, 2021 at 10:20 p.m. Park Chair Mangold seconded the motion. Roll Call Vote:
Ayes – All. Motion carried 10-0.
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, JANUARY 5, 2021 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:06 P.M.
Chair Maddy explained the Planning Commission is comprised of residents of the City of
Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed
by the City Council. The Commission’s role is to help the City Council in determining zoning and
planning issues. One of the Commission’s responsibilities is to hold public hearings and to help
develop the factual record for an application and to make a non-binding recommendation to the
City Council.
ROLL CALL
Present: Chair Maddy; Commissioners Eggenberger, Gorham, and Riedel; Planning
Director Darling; and Planning Technician Notermann
Absent: Commissioner Gault
1. APPROVAL OF AGENDA
Riedel moved, Gorham seconded, approving the agenda for January 5, 2021, as presented.
Roll Call Vote: Ayes – all. Motion passed 4/0.
2. APPROVAL OF MINUTES
December 1, 2020
Riedel moved, Gorham seconded, approving the Planning Commission Meeting Minutes
of December 1, 2020, as presented. Roll Call Vote: Ayes – all. Motion passed 4/0.
3. MATTERS FROM THE FLOOR - NONE
4. PUBLIC HEARINGS -
Chair Maddy explained the procedure for public hearings.
A. PUBLIC HEARING – CUP for Verizon Wireless Antennas on the West Water
Tower
Applicant: Verizon Wireless
Location: 26352 Smithtown road
Planning Director Darling gave an overview of the request by Verizon Wireless for a CUP to co-
locate six telecommunication antennas on top of the west water tower at the Minnewashta
Elementary School site. Staff finds the application consistent with the Comprehensive Plan as
well as present and future land uses and recommends approval subject to the conditions listed in
the staff report. She noted that the City received one e-mail in support of this application.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
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Commissioner Riedel asked about the revenue this could generate and asked if this was part of
a competitive negotiation process.
Planning Director Darling stated that there is a fixed lease rate.
Chair Maddy asked if a Building Permit would be needed in order to attach something to the side
of a water tower.
Planning Director Darling explained that applicants submit all the structure review for the
equipment that would be installed on the water tower through the structural consultants so that
part does not require a Building Permit. She stated that sometimes there are things on the site
such as a concrete pad or other equipment that would need to be installed per building code
requirements which would require a permit. She stated that she is keeping that language in here
just in case there may be one that would apply.
Commissioner Riedel asked whether there was requirement consent from the other utility
providers that they will not interfere with each other’s equipment. He asked if the City had ever
been caught in the middle of disputes.
Planning Director Darling stated that the City does not get caught in the middle because the
providers work with each other on tens of thousands of antenna sites throughout the country and
explained that the FCC oversees complaints for the various communications providers.
Rob Viera, Buell Consulting, explained that Verizon Wireless was simply wishing to add capacity
for bandwidth. He noted that there will not be an additional structure on the property because
they are working on an agreement with AT&T to place equipment inside of their existing structure.
He stated that they are fine with the conditions recommended by staff and if approved by the City,
they expect to start construction in either the spring or summer of 2021.
Chair Maddy opened the Public Hearing at 7:21 P.M. noting the procedures used in a Public
Hearing. There being no public comment, Chair Maddy closed the public hearing at 7:22 P.M.
Gorham moved, Eggenberger seconded, recommending approval of the CUP request by
Verizon Wireless antennas on the West Water Tower located at 26352 Smithtown Road,
subject to the conditions outlined in the staff report. Roll Call Vote: Ayes – all. Motion
passed 4/0.
5. NEW BUSINESS
A. Variance for Setback to Property Line for a Firepit/Patio
Applicant: Roger and Roberta Aronson
Location: 5730 Club Lane
Planning Technician Notermann explained that the applicants have requested a variance in order
to install a patio with a firepit in their backyard 24 feet from the side property line that abuts a
public street. She noted that the City code requires 35 feet in this situation. She explained that
this request is an after the fact request because the patio was installed earlier this fall. Staff
recommends denial of the request because this is a self-created situation and not a unique
situation.
Commissioner Riedel asked about the alternatives because it appears as though the patio itself
is the problem and not just the firepit.
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Planning Technician Notermann stated that she had spoken with the applicant today. She noted
that the applicant had asked if they could just remove a certain number of pavers from the patio
to make it 35 feet back and suggested that the Commission asked the applicant about their ideas
for alternatives.
Commissioner Riedel asked if it was simply the pavers or are there other masonry aspects or
benches that are built in. He stated that he would like to get a sense for what level of investment
was made by the applicants.
Commissioner Eggenberger asked why the variance request was after the fact.
Planning Technician Notermann stated that her understanding is that the contractor did not know
that the patio needed to adhere to the setbacks and considered it landscaping that did not need
to adhere to any of the setback rules.
Chair Maddy asked how many pavers are needed to make it a patio because it is not illegal to put
a paver at the side of your yard, but it is to have a patio. He asked where the City drew the line
in that instance.
Planning Director Darling stated that once there are a joined group of pavers and lawn furniture
is put on it or other such improvements, that constitutes a patio.
Commissioner Gorham asked if the alternatives were also required to be 25 feet from the house.
Planning Technician Notermann stated that if it was a portable fire pit and portable lawn chairs,
they would not be required to meet a setback.
Roberta Aronson stated that in the construction of their home, their contractor was not the one
who did the patio and the firepit. She stated that they used Collins Construction for that work.
She stated that they were a reputable company that had good reviews. She stated that when
they asked if permits would be required, they were told they were not needed because it was
landscaping and they believed him. She stated that they were not trying to sneak anything by the
City. She asked what the setback requirements would be for the backyard for a firepit or patio.
Planning Director Darling stated that the setback for a patio is 40 feet, except you are allowed to
project an extra four and a half feet into the setback, so it is essentially 35.5 feet.
Ms. Aronson stated that they do meet the backyard setback requirement but there are a few other
things she would like the Commission to take into consideration. She noted that their backyard
neighbor’s home is 100 feet from the location where their firepit is currently placed. She stated
that there are people building along the south property line and with the location of the rain garden,
it would have been closer to their property which was another reason for the selection of its current
placement. She noted that there are no storm sewers along Club Lane and so they had to put in
the rain garden. She stated that the foundation is about 1,300 square feet which is not an
especially large footprint. She explained that the current location of the firepit does not interfere
with the raingarden that is accepting off-shed water flow. She stated that they do have a
landscape plan with the four-foot fence that is being placed 20 feet from Smithtown Road and is
an additional 20 feet from the firepit, which is a total of 40 feet in from the curb of Smithtown Road.
She stated that they have put in five arbor vitae this fall to shield the view for the public and are
planning to put in 15-20 additional arbor vitae along the north side of the property line to add
additional shielding from the firepit. She stated that their intent was to impose a minimal effect on
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the community. She stated that the there are no permanent chairs or other structures such as a
barbeque and this is simply an in-ground firepit and a 13-foot diameter section of pavers that are
flush to the ground.
Commissioner Riedel asked if the center fire ring was poured concrete.
Ms. Aronson explained that it was a metal fire ring that is dug into the ground and noted that the
pavers have a special product to secure them so they don’t slip around.
Commissioner Eggenberger asked how many pavers were in place.
Ms. Aronson stated that she does not know other than it is 13 feet across minus the 3 feet of the
firepit ring.
Roger Aronson stated that their north property line is unique in that it doesn’t abut another
residence and asked if that was taken into consideration when they look at the setbacks should
be.
Planning Director Darling noted that setbacks are all measured from the property lines.
Chair Maddy asked how many non-conforming structures there are along that stretch of
Smithtown Road.
Planning Director Darling stated that on the south side, there are at least two homes that are non-
conforming.
Chair Maddy wondered if it may make sense to average it out similar to what they do for front
setbacks on houses.
Commissioner Eggenberger commended the Aronson’s for coming forward even though it was
after the fact. He asked what the difficulty would be in moving the firepit over in order to make it
conforming.
Ms. Aronson stated that they brought this up to their contractor and did not get very far with them,
so they would have to pay to have to redone by another contractor.
Commissioner Riedel stated that within the confines of the lot, including the setbacks, he believes
that there is a place to locate the patio and meet all the requirements.
Ms. Aronson suggested that the Commission take a look at the grading on the lot.
Chair Maddy noted that although this was not a public hearing, he wanted to give an opportunity
for public input at 7:46 P.M. There was no public testimony.
Commissioner Riedel stated that this is a difficult situation because although it seems reasonable,
it is non-conforming, it is newly constructed, and there is nothing that suggests a variance is
appropriate. He stated that he would advise the applicant to hold the contractor liable.
Commissioner Gorham stated that he is torn on this request also and noted that he had built a
similar patio in 2017 and does not like the idea of moving it. He stated that the infiltration area
exists because of the problem this area and the whole City is having with water infiltration. He
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stated that he would have a hard time approving this even though he feels terrible about what
happened with their contractor.
Commissioner Riedel stated that he had the same experience with a contractor telling him that
no permit was required for things where permits were clearly required and stated that he is fully
sympathetic with the Aronson’s situation.
Chair Maddy stated that in looking at the elevation marks on the survey, there is more angle than
you would think. He noted that he believes there would be about a foot difference in elevation
from one side of the patio to the other if it was moved.
Planning Director Darling noted that the Commission could use that information as a practical
difficulty and include it in their findings.
Ms. Aronson stated that the elevation levels definitely pose a bit of a problem.
Commissioner Gorham stated that if an infiltration area is not a practical difficulty then he does
not think the grading would be either.
Commissioner Riedel stated that he does not think the Commission would have recommended a
variance before the fact, but recognizes that there are real dollars involved in this situation.
Commissioner Eggenberger stated that he agreed with Commissioner Riedel.
Riedel moved, Eggenberger seconded, recommending denial of the Variance Request for
Setback to Property Line for a Firepit/Patio by Roger and Roberta Aronson at 5730 Club
Lane.
Commissioner Riedel noted that this request will still go before the Council and it is simply the
Planning Commission’s job to explain the letter of the law but they will have the chance to make
their case to the Council.
Roll Call Vote: Ayes – all. Motion passed 4/0.
B. Variance to OHWL Setback of Lake Minnetonka
Applicant: Christian Dean Architecture
Location: 454 Lafayette Avenue
Planning Director Darling stated that this application is a request for a variance to the Ordinary
High-Water Level (OHWL) setback of Lake Minnetonka. The applicant is proposing to put an
addition onto the home and would like to add a second story and put a at-grade patio on the north
side. They are requesting a variance to allow an encroachment on the southwest corner of the
home as well as a patio on the north side of the home. The City received one letter regarding this
application that addressed concerns with the impact of the changes to the Shorewood Yacht Club
than on this variance. Staff recommends approval subject to the conditions listed in the staff
report.
Commissioner Eggenberger suggested that the wording should be changed in the conditions from
“submit” information on the permeable driveway materials, to something that clearly outlines that
the city has to approve of the permeable materials.
Commissioner Gorham asked for further clarification on the practical difficulties.
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Planning Director Darling stated the existing home was built in 1955 and the Shoreland
regulations were approved in about 1987, so the home does not currently conform to the 50-foot
setback requirement. The addition on the east side of the home meets the requirements and
noted that they are taking off a sloped roof and putting on a flat roof to have a rooftop deck. She
explained that because it is not enclosed, she does not see anything that would increase the non-
conformity. She noted that the only issue with the second-floor living area is the connection from
one side of the building to the other which would be a new encroachment.
Christian Dean, architect for the property owners, explained the reasoning behind their design
approach. He stated that the extension of the roof deck over the southwest corner of the home
is just a means of connecting the second-floor living space to the western most roof deck. He
stated that it is a flat roof overhang. He stated that the north terrace is 3.5 feet further toward the
OHWL than the adjacent house and is proposed to be of stone materials. He stated that it is
about 2.5 feet above existing grade and noted that he can consult with the property owners about
meeting Planning Director Darling’s request to align with the adjacent house and bring it back a
few feet. He stated that they are proposing to replace a portion of the driveway and use a
permeable paver product. He gave an overview of the other plans to reduce the paved areas.
Commissioner Riedel stated that the code allows eaves to project 2 feet into the setback. He
stated that this home is already non-conforming but the plans are for it to project 5 feet.
Mr. Dean stated that essentially, they are trying to align the roof deck so there is access to the
second-floor bedroom spaces and to have access to get to the western portion of the home. He
stated that they recognize that it is non-conforming, but their thought process was that it was not
disturbing the land or a full structure and is just a roof guard rail and deck.
Commissioner Riedel stated that he agrees with that and noted that it seems reasonable. He
stated that this is a very creative way to “mostly” meet code by building on the areas that are
conforming.
Commissioner Gorham stated that the plans seem pretty minimally invasive.
Patrick Foss, 456 Lafayette Avenue, Excelsior, stated that he feels this design is brilliant and the
property owners also reached out to the neighbors and explained everything they intended to do.
He stated that his property also requires a variance for anything they want to do. He stated that
he supported their plans as submitted and feels the overhang does not interrupt anyone’s site
lines. He stated that he has spoken with some of the other neighbors and they also support it as
has been submitted.
Chair Maddy opened this item up for public testimony at 8:18 p.m.
Ralph “Inky” Campbell, 450 Lafayette Avenue, stated that he has lived here for twelve years. He
stated that he agrees with Mr. Foss that this is a very creative design that will do nothing but
improve the neighborhood. He stated that the one concern he has is the new roadway and asked
if there was a way to avoid putting the final coat on it until the construction work for this home is
completed. He reiterated that the neighbors in the area all think this is a wonderful design and
hope the Commission will support it.
Ben Steadman, stated that he did not want his letter to be interpreted as not supporting this
variance. He stated that this variance will not impact him in any way and he is for it and thinks
the design will help save the house and make it look beautiful.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JANUARY 5, 2020
Page 7 of 10
There being no additional public testimony, Chair Maddy closed the public testimony at 8:23 p.m.
Commissioner Gorham asked about Planning Director Darling’s recommendation regarding the
patio.
Planning Director Darling stated that her recommendation is that at no point should the patio be
closer than 44.7 feet which is the setback for the home next door.
Commissioner Gorham stated that he thinks this is a really smart design but feels the Commission
cannot be swayed by a great design for reasons outside of the variance criteria. He stated that
he does feel there are some practical difficulties here and the applicants appear to be doing the
minimum to alleviate that and are being really concise with their design decisions nor is anything
they are doing extravagant. He stated that he does agree with the recommendation to reduce
the patio size.
Commissioner Riedel stated that he fully agrees and feels there are considerable practical
difficulties. He stated that he appreciates the way the architect designed this and feels it seems
reasonable and well thought out. He stated that he agrees with the recommendation to reduce
the size of the patio.
Chair Maddy asked if it makes more sense to say that the width is limited rather than trying to
have them match the curvature of the OHWL.
Commissioner Gorham stated that he does not think anyone is suggesting that option.
Chair Maddy stated that is the way the recommendation was written.
Commissioner Riedel suggested changing the language to be that the closest point would be no
closer than 44.7 feet.
Mr. Foss stated that if the City is using the home to the right of this property as a reference point,
these are unique properties and would suggest that the Commission come out and look at the
property. He stated that he understands the variance process, but losing all of the deck space
does not make sense just to bring it into conformance. He reiterated that he supports this
proposal, as designed.
Mr. Dean asked if they could orthogonally align with the adjacent home and strike the line straight
across the entire terrace so they do not have to impose a harsher setback on the western side of
the terrace. He stated that he thinks the property owners would be okay with an 11-foot-deep
terrace, but contouring it seems challenging.
Mr. Campbell stated that he is inclined to support Mr. Foss’s statement, but acknowledging the
architect’s offer. He stated that he agrees that if the Commission were to see the adjacent home
and how they are all situated on the point, he thinks they would agree that they want the deck to
be substantial.
Commissioner Riedel stated that he agrees with Mr. Dean even though it means approval of
increasing the non-conformity in this situation. He stated that this approach seems reasonable
and noted that this is a very challenging site.
Commissioner Eggenberger stated that he would also agree.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JANUARY 5, 2020
Page 8 of 10
Chair Maddy stated that it sounds like there is a great desire by the Commission to have a
rectangular patio and asked if the Commission wanted to set a specific number of leave it up to
the Council.
Commissioner Riedel stated that he was swayed by the architect’s suggestion of 11 feet with the
same width from east to west.
Riedel moved, Gorham seconded, recommending approval of the Variance Request for
OHWL Setback of Lake Minnetonka by Christian Dean, for property located at 454 Lafayette
Avenue, subject to the patio being aligned with the existing house to the east and protrude
11 feet from the house with the same width from east to west, and conditions as outlined
in the staff report. Roll Call Vote: Ayes – all. Motion passed 4/0.
C. Variance to OHWL Setback of Lake Minnetonka
Applicant: Lecy Brothers
Location: 4320 Dellwood Lane
Planning Director Darling gave an overview of the request for a variance to OWHL setback at
4320 Dellwood Lane on Enchanted Island. She stated that this a request to swap out several of
the steps and stoops and replace them with newer, nearly at grade steps. She stated that the
problem is that the entire home is non-conforming to the OHWL and is another home that was
constructed prior to the adoption of the Shoreland regulations. She stated that the home was
built around 1987 and noted that there have been improvements made to the property since that
time that have increased the impervious surface to 32.38%. She stated that staff is
recommending that the two non-conforming patios be removed to reduce the impervious surface.
She noted that staff does recommend approval of the variance request itself.
Commissioner Riedel asked what type of material the existing patios are made out of or if they
were merely pavers in the ground.
Andy Johnan, Lecy Brothers, stated that the new patios will be built with a footing and a concrete
stoop. He stated that the prior improvements were done prior to the current owners purchasing
the property. He noted that the main patio has a fire pit that is built up and is not just pavers. He
gave an overview of the existing stoop situation and explained that they have been removed
because they were all sinking and did not have proper footings. He stated that they are reducing
the size of the stoops in elevation as well as towards the lake. He explained that they are
proposing to remove 609 square feet and add 375 square feet, which is a net reduction of 234
square feet. He stated that there is a stone walkway, a raised garden area and a stone monument
that is on the lake that will be removed. He stated that he understands the staff recommendation
regarding removing the patios that are non-conforming, but reiterated that those are the primary
patios for the property.
Commissioner Eggenberger asked when the two non-conforming patios were put in.
Planning Director Darling stated that by looking at older aerial photos, it appears as though they
were not there in 1996 nor were they shown on the surveys from when the gazebo was added,
but were there in 2000.
Tim Ehlen, 4320 Dellwood Lane, stated that he feels the efforts they have made to reduce the
non-conforming land cover have been remarkable. He stated that if those patios are removed,
they will have no outdoor space to use. He explained that one of the reasons they fell in love with
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JANUARY 5, 2020
Page 9 of 10
this property was the patios that are now in question and noted that they are not visible from the
lake. He stated that this is a very unique property and losing those outdoor gathering areas would
be traumatic.
Chair Maddy opened this item for public testimony at 8:56 p.m. There being no testimony, he
closed that portion of the meeting.
Commissioner Riedel stated that this is tough because he can see the argument that was made
by the homeowner that the firepit area is a huge part of the value of the property. He stated that
he feels this would be punishing the home owners for a code violation committed by the previous
owners. He stated that he agrees with granting the variance for all aspects of the stoops, but
questions the remainder and struggles with whether the sins of the past should be forgiven or not.
Commissioner Gorham stated that he completely agrees. He asked if the plans to reduce the
impervious surface areas were in response to staff comments or if it was done on their own.
Planning Director Darling stated that staff had told the applicant that if they were increasing, they
would have to reduce somewhere else on the property.
Chair Maddy noted that they applicant decided to go a bit above and beyond in the reduction.
Commissioner Riedel stated that the homeowners bought this property fully expecting that they
could enjoy what was already on the property and cannot be attributed to be their fault. He stated
that he does not want to send the message to homeowners that they shouldn’t apply for permits
if they have non-conforming portions of their property because the City may force them to do
something. He stated that he would much rather have people apply for permits than not.
Commissioner Gorham stated that his thought is that this is not about the patios it is about the
stairs and he is inclined to approve the variance. He stated that he feels they have done enough
in other areas with the removal of other areas to reduce the hard cover.
Chair Maddy stated that the question is whether the Commission wants to punish them for
something a previous owner did to the property.
Commissioner Eggenberger stated that if this was the owner that put in the patios, he would say
that they need to be removed, but because this is a new owner, he plans to recommend approval.
Gorham moved, Eggenberger seconded, recommending approval of the variance request
to the OHWL Setback of Lake Minnetonka by Lecy Brothers for property located at 4320
Dellwood Lane, with the conditions as listed in the staff report, without the need to remove
the two non-conforming patio spaces. Roll Call Vote: Ayes – all. Motion passed 4/0.
6. OTHER BUSINESS
Commissioner Gorham noted that he has not been getting any of the e-mails that staff has
referred to being sent out.
Commissioner Riedel stated that he also has not.
Chair Maddy stated that he has also not received the e-mails.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JANUARY 5, 2020
Page 10 of 10
Commissioner Eggenberger noted that the e-mail system was updated and the Commission
needed to go in and do some housekeeping.
Planning Director Darling stated that the Commission needs to log in and set it up to reforward
the e-mails. She stated that she will re-send the instructions for updating this information.
7. REPORTS
• Council Meeting Report
Planning Director Darling gave an overview of the December 14, 2020 Council meeting (as
detailed in the minutes for that meeting).
• Draft Next Meeting Agenda
Director Darling stated there is a PUD development stage plan for the Villas at Shorewood Village
and the draft Comprehensive Plan slated for the next Planning Commission meeting. She noted
that there is also a joint meeting with the Park Commission next week to continue the fire lane
discussion.
8. ADJOURNMENT
Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of
January 5, 2021, at 9:20 P.M. Roll Call Vote: Ayes – all Motion passed 4/0.
#7B
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: CUP to collocate antennas on an existing watertower at 26352 Smithtown
Road
Applicant: Verizon Wireless
Meeting Date: January 25, 2021
Prepared by: Marie Darling, Planning Director
Review Deadline: April 3, 2021
Attachments: Planning Memorandum from the January 5, 2021 Meeting
Correspondence Received
Resolution
Background: See attached planning memorandum for detailed background on this request.
At the January 5, 2020 meeting, the Planning Commission unanimously recommended
approval of the conditional use permit, subject to the conditions in the attached resolution.
The applicant was present and spoke in favor of the application. No one from the public
requested to speak, although one letter was received (attached).
Financial or Budget Considerations: The application fees are adequate to cover the cost of
processing the request.
Recommendation / Action Requested: Staff and the Planning Commission members
recommend approval of the request. The City Council would also have the option to deny the
application or modify the resolution.
Proposed motion: Move to adopt the attached resolution approving a conditional use permit
for Verizon Wireless for property located at 26352 Smithtown Road, as recommended by the
Planning Commission.
Any action on this request would require a simple majority.
Next Steps and Timelines: If the item is approved, the applicant would submit any
outstanding information to be consistent with the conditions in the attached resolution and
submit a building permit 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\\2021 Cases\\Verizon Wireless CUP- 26350 Smithdown Road\\CAF 190225.docx
Marie Darling
From:Brent Hislop - Synergy <Brent.Hislop@SynergyLandCompany.com>
Sent:Monday, January 4, 2021 3:08 PM
To:Marie Darling
Subject:Verizon CUP - support
Hi Marie –
A short note – I saw that Verizon has applied to install antennas at the tower at Minnewashta Elem…. We
support this action. As a resident & small business operating from a home office, I can say that improved
Verizon cell reception is very much necessary in western Shorewood. Our home is 3 blocks south of the tower
& typically we have only 1-2 “reception bars” out of 5 – thus, frequently low call quality and/or dropped
calls…. Please forward this on to the commissioners/council as a genuine need for this portion of Shorewood.
If approved, do you know when the antennas would be operational? I assume the antennas are for the
purpose of strengthening Verizon’s coverage in this area (vs. some other purpose)?
Separately – who is the applicant for the proposed project at Eureka & Hwy 7?
Hope all is well with you.
Brent Hislop , Owner
Land Development , Land Sales , & Land Consulting
(612) 590 - 0811 brent.hislop@SynergyLandCompany.com
Enjoy learning more at: www.SynergyLandCompany.com
1
RESOLUTION 21-007
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR AN ANTENNA COLLOCATION ON AN EXISTING WATERTOWER AND
RELATED EQUIPMENT FOR VERIZON WIRELESS AT 26352 SMITHTOWN ROAD
WHEREAS, Verizon Wireless, has applied to add six telecommunication antennas and
various appurtenances on an existing watertower, on the property legally described as:
Beginning at a point on the south line of the southeast quarter of the northwest quarter of
section 32, township 117, range 23, distant 962.5 feet east from the southwest corner
thereof; thence northerly parallel with the west line thereof 215.00 feet; thence westerly
parallel with the south line thereof 220.00 feet; thence northerly parallel with the west
line thereof to the north line thereof; thence easterly along said north line to its
intersection with a line drawn northerly and parallel with the west line thereof from a
point on the south line thereof distant 1089.00 feet easterly of the southwest corner
thereof; thence southerly along said parallel line to a point distant 856.55 feet north of
the south line thereof; thence east parallel with the south line thereof 330.00 feet; thence
south parallel with the west line thereof to the south line thereof; thence west to the point
of beginning. Except Road. And,
Beginning 37 rods (610.5 feet) east of the southwest corner of the southeast quarter of
the northwest quarter of section 32, township 117, range 23; thence north 20 rods (330
feet); thence east 8 rods (132 feet); thence south 20 rods (330 feet); thence west 8 rods
(132 feet) to the point of beginning. Except Road. And,
Beginning at a point on the south line of the southeast quarter of the northwest quarter of
Section 32, township 117, range 23, distant 742.5 feet east from the southwest corner
thereof; thence easterly along said south line distant 220 feet; thence northerly parallel
with the west line thereof distant 215 feet; thence westerly parallel with the south line
thereof distant 220 feet; thence southerly to the point of beginning. Except Road.
WHEREAS, the applicant additionally proposes to locate accessory equipment within
an existing shelter near the watertower; and
WHEREAS, after required notice a public hearing was held and the application
reviewed by the Planning Commission at a regular meeting held on January 5, 2021,
the minutes of the meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
January 25, 2021, at which time the Planning Director’s memorandum and the Planning
Commission’s recommendations were reviewed and comments were heard by the City
Council from the Applicant, the public and City staff; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in an R-1A Single-Family District, which allows
antenna collocations subject to the approval of a conditional use permit.
2. The applicant’s proposal is identified on plans and materials submitted to the City
on November 19, 2020 and December 4, 2020.
CONCLUSIONS
1. The Applicant’s plans have satisfied the criteria of a conditional use permit to
collocate antennas under the Shorewood City Code.
2. The Applicant’s plans indicate the collocation would be compatible with the
neighborhood and would not tend to depreciate the area.
3. The application would not overburden the city’s service capacity and existing public
services and streets.
4. Based upon the foregoing, the City Council hereby grants to the Applicant a
conditional use permit to collocate six antennas, radio receiving units and related
equipment on the tower and add accessory new equipment platform within the
existing fenced area as shown on the plans submitted November 19, 2020 and
December 4, 2020, subject to the following:
a. The applicant may not proceed with improvements prior to issuance of required
permits.
b. Prior to issuance of permits, the applicant shall revise the plans as follows,
consistent with city code:
1) Prior to the issuance of any permits, the City Council shall approve a lease
for the use of the City’s water tower and the applicant shall execute the
lease.
2) The applicant shall revise the plans to indicate:
A) Antennas and all equipment all equipment installed on the outside of
the tower including the shroud, shall be painted or factory coated to
match the existing watertower.
B) Any lights installed outside the building shall meet the recently
adopted lighting standards.
c. Any new fencing shall be consistent in color and materials with the existing
fence on the site.
d. The exterior lights shall be turned off unless a technician is accessing the site
at night or during an emergency.
e. All disturbance of the site shall be restored to preconstruction condition by the
end of the next growing season.
f. The applicant shall install address signage on the accessory building visible
from the public street with numbers a minimum of four inches high.
g. The applicant shall install a lock box for fire and police emergencies by the
prominent main door.
2
h. Provide emergency contact information for the construction project to the
Building, Public Works and Fire Departments.
i. After construction is complete, the applicant shall provide 24-hour emergency
contact information and the information shall be kept current and updated as
necessary.
5. The conditional use permit shall expire one year after approval unless the applicant has
completed the project or an extension has been requested in accordance with Section 1201.04
Subd. 3 of City Code.
6. The City Clerk is hereby authorized and directed to record a certified copy of this
resolution with Hennepin County.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 25th day of January, 2021.
Jennifer Labadie, Mayor
ATTEST:
Sandie Thone, City Clerk
3
#7C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Variance to side yard setback
Location: 5730 Club Lane
Applicant: Roger and Roberta Aronson
Meeting Date: January 25, 2021
Prepared by: Emma Notermann, Planning Technician
Review Deadline: March 22, 2021
Attachments: Planning Memorandum from the January 5, 2021 Meeting
Resolution 21-008
Background: See attached planning memorandum for detailed background on this request.
At the January 5, 2021 meeting, the Planning Commission found the applicants had not meet
the variance criteria and did not show there were practical difficulties associated with their
application. The applicants were present at the meeting and spoke in favor of the application.
Lack of practical difficulties:
The Planning Commission was concerned that the application did not meet the variance
criteria. They looked for issues with topography behind the home that would have forced the
patio and firepit closer to the street. Although the lot is graded to direct stormwater to the
required rain gardens, the Commissioners did not find the storm water requirements were
unique circumstances that would qualify as practical difficulties.
Financial or Budget Considerations: The application fees are adequate to cover the cost of
processing the request.
Recommendation / Action Requested: Move to adopt the attached resolution denying a
variance for Roger and Roberta Aronson for property located at 5730 Club Lane based on the
findings and conditions in the attached resolution. Should the Council find that the grading
needed to direct stormwater to the rain gardens constitutes a practical difficulty, staff
recommends sending the request back to staff to draft an alternative resolution.
Any action on this request would require a simple majority.
Next Steps and Timelines: If the variance request is denied, the applicants would need to
relocate, remove or revise their patio to meet the setback.
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.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900
www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Emma Notermann, Planning Technician
MEETING DATE: January 5, 2021
REQUEST: Variance to setbacks for a firepit/patio
APPLICANT: Roger and Roberta Aronson
LOCATION: 5730 Club Lane
REVIEW DEADLINE: March 22, 2021
LAND USE CLASSIFICATION: Low Density Residential
ZONING: R-1C
FILE NUMBER: 20.18
REQUEST:
Roger and Roberta Aronson have requested a variance to install a patio with a firepit in their backyard at
24 feet from the side property line abutting a public street where 35 feet is required.
Notice of this application and the public meeting was mailed to all property owners within 500 feet of the
property at least 10 days prior to the meeting.
BACKGROUND
The property is zoned R-1C, Single Family Residential and contains approximately 19,856 square feet of
area. The north side of the property runs along Smithtown Road.
Applicable Code Sections: City Code section 1201.12 subd. 5. regulates the lot requirements and setbacks
for the R-1C, Single-Family Residential District.
Section 1201.12 subd. 5. d. Setbacks: (1) Front yard: Not less than 35 feet;
(2) Rear yard: Not less than 40 feet;
(3) Side yard: Not less than 10 feet on each side nor less than 35 feet
on a side yard abutting a street.
City Code section 1201.03 subd. 3. c. 5. Allows patios to extend 4.5 feet into the rear yard setback.
Page 2
Additionally, fire pits need to be located at least 25 feet from any structure, as regulated by the Minnesota
State Fire Code.
ANALYSIS
The applicant’s narrative is attached and indicates that the property owners propose to add a firepit to
their backyard. The firepit/patio would have a diameter of 13 feet. It would encroach into the required
side yard setback by 11 feet. The applicants plan to have a four-foot chain link fence on the north (side)
property line. The fire pit/patio is 36 feet from the rear property line, where 40 feet is required. Patios
are allowed to encroach into a rear setback by 4.5 feet, so a variance is not needed for the rear yard
setback. Additionally, the fire pit would meet the requirements of being at least 25 feet from any
structure as submitted in the plans.
The Applicant states that the placement of the fire pit/patio is due to the location and size of the rain
garden and infiltration area, as shown on the attached plans. The size of the rain garden is based on the
amount of impervious surface coverage for their newly constructed home and additional backyard patio
space. Their landscaping contractor installed the fire pit/patio last fall because he was unaware that the
setbacks applied to the fire pit/patio.
Variance Criteria:
Section 1201.05 subd.3.a. of the zoning regulations sets forth criteria for the consideration of variance
requests. These criteria are open to interpretation. 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.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met.
a. Reasonable: The applicant has proposed an outdoor gathering place (patio) with a fire pit.
This is a reasonable residential use on the property.
b. Unique Situation vs. Self-Created: Th original property was recently subdivided and
developed into two residential lots. The rain garden and infiltration area and size are a direct
result of the impervious surface coverage that the applicants created during the initial
development. The applicant states in their application that the size and placement of the rain
garden and infiltration area is the reason for the placement of the fire pit/patio. Staff finds
this reasoning to be a self-created situation that does not constitute a unique situation.
c. Essential Character: The average setback for most development on Smithtown Road is 35-
50 feet. Allowing a gatherings space that is 10 feet closer to the road than any other allowed
use could alter the essential character of the neighborhood.
3. Economic Considerations: The applicant has not proposed the variance solely based on economic
considerations, but to enhance the livability of the home.
Page 3
4. Impact on Area: The property owner is not proposing anything that would impair an adequate
supply of light and air to an adjacent property, increase the risk of fire, or increase the impact on
adjacent streets. There will be a board-on-board fence separating the fire pit/patio from the
neighbor to the west (rear yard.) The pedestrian path along Smithtown Road creates a wider than
typical right-of-way of 37 feet to the north between the sidewalk and the fire pit.
5. Impact to Public Welfare, Other Lands or Improvements: Staff finds the fire pit could be
detrimental to the public welfare if it is out of character with the area.
6. Minimum to Alleviate Practical Difficulty: Staff finds the variance request is not the minimum to
alleviate practical difficulty because the applicant has alternative options to have a fire pit and/or
patio in their backyard. The size of the fire pit/patio could be decreased, or the applicant could use
a portable fire pit and chairs over lawn to achieve a similar gathering area in their backyard.
FINDINGS/RECOMMENDATION
Staff finds the variance proposal does not meet the criteria above and recommends denial of the variance
while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning
Commission could reasonably find otherwise.
Should the Planning Commission recommend approval of the variance, staff recommends that the
applicant be required to acquire all necessary permits prior to construction.
ATTACHMENTS
Location map
Applicants’ narrative and plans
Page 4
5730 Club Lane Location Map
RESOLUTION NO. 21-008
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION DENYING A REQUEST FOR A VARIANCE TO SIDE YARD
SETBACK FOR PROPERTY LOCATED AT 5730 CLUB LANE
WHEREAS, Roger and Roberta Aronson, (the “Applicant”) are the owners of the property
legally described as:
That part of the east 235.09 feet of Lot 39, Auditor’s Subdivision Number 133,
lying north of a line parallel with and 259.15 feet north of the south line of said Lot
39, Hennepin County, Minnesota, (the “Property”).
WHEREAS, the Applicant has applied for a variance to allow a fire pit and patio to be 20 feet
from the side property line that abuts a public street where 35 feet is required; and
WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the January 5, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on January 5, 2021 to review the
application, the minutes of the meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
January 25, 2021, 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, staff and public.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The Property is located in the R-1C zoning district, which requires improvements
such as patios to be set back 35 feet from any side property line that abuts a public
street.
2. 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 when
there are practical difficulties, and the action is the minimum to alleviate the practical
difficulties.
3. 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.
4. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider if the variance is the minimum action needed to
alleviate the practical difficulties.
5. The Applicant’s proposal is identified on the application materials and plans
submitted on November 22 and 23, 2020 and January 5, 2020.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council
hereby denies the application as there are no practical difficulties affecting the Property.
B. The City Council further concludes the Applicant has not established that there
are unique circumstances affecting the Property.
C. The City Council further concludes that because without a finding that there are
practical difficulties, the application is not the minimum action to alleviate the circumstance.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 25
day of January, 2021.
Jennifer Labadie, Mayor
Attest:
Sandie Thone, City Clerk
-2-
#7D
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Variance to setback from Lake Minnetonka
Location: 454 Lafayette Avenue
Applicant: Christian Dean Architecture
Meeting Date: January 25, 2021
Prepared by: Marie Darling, Planning Director
Review Deadline: March 23, 2021
Attachments: Planning Memorandum from the August 4, 2020 Meeting
Correspondence Received
Resolution
Background: See attached planning memorandum for detailed background on this request.
At the January 5, 2021 meeting, the Planning Commission voted unanimously to recommend
approval of the variance application with the condition that the patio be no deeper than 11 feet
from the home. They found that a rectangular patio was more practical, but the reduced size
would be appropriate as it would provide the same setback from the OHWL at the northwest
corner as the neighboring home. The applicant was present at the meeting and spoke in favor
of the application. Three neighbors requested to speak and spoke in favor of the request.
Staff also received two letters (attached).
After the meeting, the applicants submitted revised plans showing the revised and reduced
patio as well as meeting several other conditions that were originally included in the attached
Planning Commission report. As a result, some conditions were not included in the attached
resolution.
Financial or Budget Considerations: The application fees are adequate to cover the cost of
processing the request.
Recommendation / Action Requested: Staff and the Planning Commission recommend
approval of the variance request.
Proposed motion: Move to adopt the attached resolution approving a variance for Christian
Dean Architecture for property located at 454 Lafayette Avenue based on the findings and
conditions in the attached resolution.
Any action on this request would require a simple majority.
Next Steps and Timelines: If the item is approved, the applicants could submit a building
permit application.
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\\2021 Cases\\454 Lafayette Ave Variance\\CAF Memo.docx
Project Number 2020.14
Shorewood, MN 55331
454 Lafayette Avenue
12/22/2020
Date
Revised PLan Submitted 1-6-2021
454 LAFAYETTE REMODEL
NODescription 1CITY COMMENTS2VARIANCE APPROVAL01/06/2021
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020.14-454 LAFAYETTE-HALL-PAULSON\\02 REVIT\\202014_Main_R19.rvt1/6/2021 11:24:27 AMS:\\Dropbox\\CD Architecture\\CDA-2
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900
www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling, Planning Director
MEETING DATE: January 5, 2021
REQUEST: Variance to setback from Lake Minnetonka
APPLICANT: Christian Dean Architecture
LOCATION: 454 Lafayette
REVIEW DEADLINE: March 23, 2021
LAND USE CLASSIFICATION: Minimum Density
Residential
ZONING: R-1A/S
FILE NUMBER: 20.23
REQUEST:
The applicant requests a variance to the required 50-foot
setback to construct a patio on the north side of the
home, add a second story with an encroachment
staircase that would be 28.6 feet from the ordinary high
water level (OHWL) of Lake Minnetonka.
Notice of this application and the public meeting was
mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting.
BACKGROUND
Context: The lot was created in 1943 as part of the Auditor’s Subdivision #313. The home was constructed
in 1955, prior to the modern shoreland regulations. A portion of the property is within a floodplain and
entirely within the shoreland district for Lake Minnetonka. No wetland is present on the site according to
either the national wetland inventory or the Hennepin County wetland inventory. The property contains
mature trees, but the proposed project is not subject to the tree preservation policy. No trees are proposed
to be removed for the proposed project.
Page 2
The shed on the property is legally nonconforming.
The adjacent properties are all developed with single-family homes and zoned R-1A.
Applicable Code Sections:
Section 1201.26 subd. 5. a. of the zoning regulations require all structures except stairs, lifts, piers and
docks to be setback 50 feet from the OHWL of Lake Minnetonka. Where development exists on both sides
of a proposed building site, building setbacks may be altered to more closely conform to adjacent building
setbacks.
There is only one adjacent home and that home was constructed in 1920 at 44.7 feet from the OHWL,
according to the applicant’s survey (attached). The proposed patio and addition would both be closer than
that home to the OHWL.
Impervious Surface Coverage
Required Existing Proposed
Impervious Surface Coverage 25 % (max.) 25.8 % 24.5 %
The applicant has proposed to remove a large portion of the bituminous driveway and install a pervious
system instead. The applicant would be required to provide details of the pervious surfaces prior to issuance
of any permits for the property and the system must allow water, air and roots to penetrate through the
materials. Most pervious systems require subsurface corrections to be considered pervious.
ANALYSIS
The applicant’s narrative is attached and indicates that the property owners propose to add a porch to the
north side of the home, add a second story over the easterly portion of the home (that meets the required
setbacks), remove the existing roof over the westerly portion of the home, add a flat roof and a roof
deck. The roof deck would overhang the southwest corner of the home and would be right up to the
existing walls of the home, where the previous roof was slanted. The southwest corner of the current
home is 29.5 feet from the OHWL and the new rooftop addition would be 28.6 feet. The plans are
attached.
Variance Criteria:
Section 1201.05 subd.3.a. of the zoning regulations sets forth criteria for the consideration of variance
requests. These criteria are open to interpretation. 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.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met.
Staff finds the practical difficulties are related to the age of the home and the application of
modern setbacks to an existing home.
a. Reasonable: The applicant has proposed reasonable residential uses on the property.
Page 3
b. Unique Situation vs. Self-Created: The situation is unique, as the home was constructed
under different regulations. Allowing a patio and rooftop deck encroachment allows the
property owner to update the home.
c. Essential Character: The proposed improvements would not be out of character with the
home or other improvements in the neighborhood. Staff notes that the roof top deck is
proposed on the west side of the home with the second story addition providing a privacy
buffer between the open deck and the existing home to the east.
Staff notes that the patio proposed is closer than the adjacent structure to the OHWL and
recommends that the patio be reduced in size so that it is no closer than 44.7 feet to the
OHWL.
d. Economic Considerations: The applicant has not proposed the variance solely based on economic
considerations, but to enhance the livability of the home.
e. Impact on Area: The property owner is not proposing anything that would impair an adequate
supply of light and air to an adjacent property, increase the risk of fire, or increase the impact on
adjacent streets.
f. Impact to Public Welfare, Other Lands or Improvements: Staff finds the additions would not be
detrimental to the public welfare.
g. Minimum to Alleviate Practical Difficulty: With the condition that the patio on the north side of
the home be reduced to no closer than 44.7 feet to the OHWL, staff finds the variance request is
the minimum necessary to alleviate the practical difficulties on the property.
FINDINGS/RECOMMENDATION
Staff finds the variance proposal meets the criteria above and recommends approval of the variance
while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning
Commission could reasonably find otherwise.
Should the Planning Commission recommend approval of the variance, staff recommends that the
applicant be required to acquire all necessary permits prior to construction, and that the following
conditions be included:
o Prior to issuance of the permits, the applicant shall revise the site plan to correct the OHWL
elevation label from 924.4 to 929.4
Reduce the size of the patio on the north side of the home to be no closer than 44.7 feet
to the OHWL
Add a 931.5 elevation line to the survey
Submit copies of any permits required from the MCWD for the addition and changes to
the site
Submit information on the permeable driveway materials proposed
ATTACHMENTS
Location map
Applicants’ narrative and plans
S:\\Planning\\Planning Files\\Applications\\2021 Cases\\454 Lafayette Ave Variance\\PC memo.docx
Marie Darling
From:Ben Stedman <BStedman@impactmn.com>
Sent:Monday, January 4, 2021 11:32 AM
To:Marie Darling; Building; Emma Notermann
Cc:Todd Carlson; mkroll@lmcd.org
Subject:454 Lafayette Variance Request
Hello – I live at 10 George Street and am a neighbor a handful of homes east of 454 Lafayette. As a resident of Excelsior,
not Shorewood, I am thankful that the city has solicited input from all neighbors regardless of city.
Unfortunately, this request brings up topics that, in my opinion, have not been properly addressed by both the City of
Shorewood and the LMCD. Had there been no changes to the Shorewood Yacht Club I would have no concerns to this
variance request. However, I think its important to consider the other circumstances going on when reviewing this
variance:
1) Shorewood denied the Shorewood Yacht Club their request to turn more of their slips from sail to power in
order to remain financially viable. This request was denied.
2) Property owner then sells to a very prominent & influential marina owner, who wants to rebuild the entire
marina and turn it into the largest marina on Lake Minnetonka despite concerns from adjacent property owners
in both Excelsior and Shorewood. This proposal was rubber stamped and is moving ahead.
3) This location, unlike every other marina on Lake Minnetonka, has two very narrow ingress & egress points
around Frog island – neither of which are marked as No Wake, and the LMCD refuses to address this. Their
stance is that boaters should just know that its minimum wake 150’ from shore anywhere on the lake so no
need to mark it. This is ludicrous. For 10 years we have watched fishing boat after fishing boat come full
throttle through these tight corners to get back to the docks at SYC. In 2020, the dredged channels around Frog
Island become a virtual ‘obstacle course’ for boats of all sizes (this concern has been voiced to Mark Kroll, our
LMCD rep, so he is aware).
Why is this relevant to the variance request? 454 Lafayette is 1 of 2 majorly impacted properties by Shorewood’s
decision to expand SYC into a full fledged marina. The red/green channel markers sit, quite literally, less than 20’ from
the shoreline at 454 and this variance is asking for a patio even closer to the water where there is already a growing
issue. This will become far worse when the new marina is completed and I hope the new owners of this propoerty are
aware of what awaits them.
On one hand, I don’t see how anyone could approve the new Marina, yet then deny this small variance
request. However, the actions by Shorewood /LMCD have now turned a somewhat minor nuisance issue into a
legitimate safety concern that I hope can be addressed for all property owners in this area. Ideally the LMCD would
finally agree to mark these ingress/egress points as ‘No Wake’ so this variance can be approved with no concerns.
Thank you for your consideration.
Ben Stedman
Office - (952)562-6000
Cell – (612)859-3476
1
www.impactmn.com
2
RESOLUTION 2021-009
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE ORDINARY HIGH WATER
LEVEL OF LAKE MINNETONKA FOR PROPERTY LOCATED AT 454 LAFAYETTE
AVENUE
WHEREAS, Christian Dean Architecture, (the “Applicant”) propose encroachments beyond the
current footprint of the home on property legally described as:
Lot 22, Auditor’s Subdivision No. 313, Hennepin County, Minnesota
nd
WHEREAS, the Applicant has applied for a variance to allow a 2 floor deck addition to be 28.6
feet and an at-grade patio to be 44.7 feet from the ordinary high water level (OHWL) of Lake
Minnetonka where 50 feet is required; and
WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the January 5, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on January 5, 2021 to review the
application, the minutes of the meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
January 25, 2021, 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, staff and public.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in the R-1A/S zoning district, which requires all buildings
to be set back 50 feet from the OHWL of Lake Minnetonka.
2. The existing home was constructed in 1955, prior to modern zoning regulations and prior
to the adoption of shoreland district regulations.
3. The existing home is considered legally non-conforming and much of the existing home
is currently closer than 50 feet to the ordinary high water elevation of Lake Minnetonka.
4. 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 when there are
practical difficulties and the action is the minimum to alleviate the practical difficulties.
5. 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.
6. The Applicant’s proposal is identified on the application materials and plans submitted
on November 23 and December 4, 2020 and January 6, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
ndnd
approves the Applicant's request to construct a 2 floor deck addition 2 floor deck addition to
be 28.6 feet and an at-grade patio to be 44.7 feet from the OHWL of Lake Minnetonka, based
on the plans and materials submitted on November 23 and December 4, 2020 and January 6,
2021.
B. The City Council specifically finds that the Applicant’s request for the variance is
consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates
practical difficulties based on the original construction date of the home and would be the
minimum request to alleviate the practical difficulties. Additionally, that the improvements
proposed would not inappropriately impact the area, public welfare or other lands/improvements
in the area.
C. The variance approval shall be subject to the following conditions:
1. Prior to beginning any construction at the property, the applicant shall acquire all
necessary permits prior to construction.
2. Submit copies of any permits required/issued from the Minnehaha Creek Watershed
district for the addition, patio and/or changes to the site.
3. Submit information documenting the permeable driveway materials proposed
conform to City Code.
D. The variance shall expire one year after approval unless the applicant has completed
the project or an extension has been requested in accordance with Section 1201.05 Subd. 3 of
City Code.
E. 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, MINNESOTA
th
this 25 day of January, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
#7E
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Variance to Setback from Lake Minnetonka
Location: 4350 Dellwood Lane
Applicant: Lecy Brothers
Meeting Date: January 25, 2021
Prepared by: Marie Darling, Planning Director
Review Deadline: April 3, 2021
Attachments: Planning Memorandum from the January 5, 2021 Meeting
Resolution
Background: See attached planning memorandum for detailed background on this request.
At the January 5, 2021 meeting, the Planning Commission voted unanimously to recommend
approval of the variance application but removed the recommended condition that the
applicants be required to remove to non-conforming patios. The commission considered the
condition to remove the nonconforming patios but did not find it appropriate to remove the
patios as part of the variance application as they were installed by a previous owner and may
discourage others to apply for permits. The applicant and property owner were present at the
meeting and spoke in favor of the application. No one from the public requested to speak.
Financial or Budget Considerations: The application fees are adequate to cover the cost of
processing the request.
Recommendation / Action Requested: Staff and the Planning Commission recommend
approval of the variance request.
Proposed motion: Move to adopt the attached resolution approving a variance for Lecy
Brothers for property located at 4320 Dellwood Lane based on the findings and conditions in
the attached resolution.
Any action on this request would require a simple majority.
Next Steps and Timelines: If the item is approved, the applicants could submit a permit
application.
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\\2021 Cases\\4320 Dellwood Lane Variance\\CAF Memo.docx
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900
www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling, Planning Director
MEETING DATE: January 5, 2021
REQUEST: Variance to setback from OHWL of Lake Minnetonka
APPLICANT: Lecy Brothers
LOCATION: 4320 Dellwood Lane
REVIEW DEADLINE: April 3, 2021
LAND USE CLASSIFICATION: Low Density Residential
ZONING: R-1C/S
FILE NUMBER: 20.23
REQUEST:
The applicant requests a variance to the
setback from the ordinary high water level
(OHWL) of Lake Minnetonka in order to add
and widen the steps and stoops into a non-
conforming home.
Notice of this application and the public
meeting was mailed to all property owners
within 500 feet of the property at least 10 days
prior to the meeting.
BACKGROUND
Context: The lot was created around 1979 as part of Albitz Addition and is a consolidation of two lots. The
home was constructed in 1987-8. In 1996, the City Council approved a CUP to allow a gazebo which
would increase the accessory space over 1200 square feet. The patios were not present at that time and the
impervious surface coverage was noted at 24.95 percent.
Page 2
There is no wetland on the property, but the property is within a floodplain and the shoreland district. The
property contains mature trees, but the proposed project is not subject to the tree preservation policy. No
trees are proposed to be removed for the proposed project.
The OHWL for Lake Minnetonka is currently at 929.4 and the floodplain elevation is 931.1. The
Shoreland Regulations were adopted in 1987.
The shoreland regulations were not adopted when the
home at 4320 Dellwood Lane was constructed, and
the zoning regulations included a setback of 50 feet to
the lake (not the OHWL). The survey submitted
when the home was built (graphic - right) indicates
that the setback was measured from the water level of
the lake, which was at 927.9 feet in 1987. The
current survey (attached) indicates the home is built
as close as 38 feet from the OHWL of Lake
Minnetonka.
The adjacent properties are all developed with single-
family homes and zoned R-1C\\S.
Applicable Code Sections:
Section 1201.26 subd. 5. a. of the zoning regulations
require all structures except stairs, lifts, piers and
docks to be setback 50 feet from the OHWL of Lake
Minnetonka. Where development exists on both sides of a proposed building site, building setbacks may
be altered to more closely conform to adjacent building setbacks.
The adjacent home at 4300 Dellwood Lane was constructed at 41 feet to the edge of the deck, which was
the closest projection toward the lake. (That home was also constructed under the previous zoning
regulations.) As the home at 4320 Dellwood Lane is already closer than the adjacent home, a variance
would be required to add more projections toward the lake that would be closer than 41 feet.
Impervious Surface Coverage
Required Existing Proposed
Impervious Surface Coverage 25 % (max.) 32.38 % 31.91 %
At some point after the approval of the gazebo in 1996, a previous property owner added patios in two
locations on the property within the lake setback as well as other improvements to the property. As a
result, the property is currently over the maximum impervious surface coverage allowed.
Although the applicant has proposed a reduction to offset the additional stoop impervious surface coverage,
staff recommends additional removals beyond those proposed. By removing the two nonconforming
patios, the property would be around 30.5 percent impervious. This would not bring the property down to
the maximum 25 percent impervious surface coverage, but the action would reduce the non-conformities on
the property in terms of both impervious surface coverage and setbacks.
Page 3
ANALYSIS
The applicant’s narrative is attached and indicates that the property owners propose to replace the aging
stoops and add additional stoops in front of new doors on the west and the northernmost point of the
home. The doors were replaced by a previous property owner, but the stoops were never widened to
match the doors. The proposed stoops would all be uncovered, the stoops on the east side of the home
would be conforming to a 41-foot setback (consistent with the
adjacent home to the south). The stoops on the west and north
sides would not extend as far into the setback, they would be
wider than the existing stoops.
Variance Criteria:
Section 1201.05 subd.3.a. of the zoning regulations sets forth
criteria for the consideration of variance requests. These criteria
are open to interpretation. 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. They propose 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. The
removal of additional impervious surface coverage is consistent with the intent of the ordinance to
reduce and eliminate non-conformities where possible.
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 topography.
a. Reasonable: The applicant has proposed reasonable residential uses on the property.
b. Unique Situation vs. Self-Created: The situation is unique as the home was constructed
under different regulations and allowing stoops provides for safe egress into and out of the
existing home.
c. Essential Character: The stoops would not be out of character and are a customary
improvement to provide safe passage in and out of homes.
3. Economic Considerations: The applicant has not proposed the variance solely based on economic
considerations, but to enhance the livability of the home.
4. Impact on Area: The property owner is not proposing anything that would impair an adequate
supply of light and air to an adjacent property, increase the risk of fire, or increase the impact on
adjacent streets.
5. Impact to Public Welfare, Other Lands or Improvements: Staff finds the deck addition would not
be detrimental to the public welfare. The improvements would be customary addition and virtually
invisible to other homeowners. The removal of the non-conforming patios would provide
consistency with other properties around the lake.
6. Minimum to Alleviate Practical Difficulty: Staff finds the variance request is the minimum
necessary to alleviate the practical difficulties on the property.
Page 4
FINDINGS/RECOMMENDATION
Staff finds the variance proposal meets the criteria above and recommends approval of the variance
while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning
Commission could reasonably find otherwise.
Should the Planning Commission recommend approval of the variance, staff recommends that the
applicant be required to acquire all necessary permits prior to construction in addition to the following:
Prior to the issuance of any permits for the property the applicant shall remove the two non-
conforming patios and the other impervious surfaces proposed for removal and request an
inspection to confirm.
ATTACHMENTS
Location map
Applicants’ narrative and plans
S:\\Planning\\Planning Files\\Applications\\2021 Cases\\4320 Dellwood Lane Variance\\PC memo.docx
RESOLUTION 2021-010
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE ORDINARY HIGH WATER
LEVEL OF LAKE MINNETONKA FOR PROPERTY
LOCATED AT 4320 DELLWOOD LANE
WHEREAS, Lecy Brothers, (the “Applicant”) propose to add wider stoops to replace the existing
stoops that encroachment into the setback from the required 50-foot setback to the ordinary
high water level (OHWL) of Lake Minnetonka on property legally described as:
Lots 1 and 2, Block 1, and an undivided 2/3 interest in and to, Outlot A, Albitz Addition,
Hennepin County, Minnesota
WHEREAS, the Applicant has applied for a variance to allow 4-6 foot deep, at-grade stoops to
be installed on a home that is non-conforming and is 38 feet at its closest point to the required
50-foot setback from the OHWL of Lake Minnetonka; and
WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the January 5, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on January 5, 2021 to review the
application, the minutes of the meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
January 25, 2021, 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, staff and public.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in the R-1C/S zoning district, which requires all buildings
to be set back 50 feet from the OHWL of Lake Minnetonka.
2. The existing home was constructed in 1987, prior to the adoption of shoreland district
regulations.
3. The existing home is considered legally non-conforming and much of the existing home
is currently closer than 50 feet to the ordinary high water elevation of Lake Minnetonka.
4. 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 when there are
practical difficulties, and the action is the minimum to alleviate the practical difficulties.
5. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider circumstances unique to the property and not created by
the landowner.
6. The Applicant’s proposal is identified on the application materials and plans submitted
on December 4, 2020.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct 4-6 foot deep, stoops to be installed on a home
that is non-conforming and is 38 feet at its closest point to the required 50-foot setback from the
ordinary high water level (OHWL) of Lake Minnetonka, in accordance with the plans and
materials submitted on December 4, 2020.
B. The City Council specifically finds that the Applicant’s request for the variance is
consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates
practical difficulties based on the original construction date of the home and would be the
minimum request to alleviate the practical difficulties. Additionally, that the improvements
proposed would not inappropriately impact the area, public welfare or other lands/improvements
in the area.
C. Approval of the variance shall be subject to the following conditions:
1. Prior to beginning any construction at the property, the applicant shall acquire a
building permits prior to construction.
2. Prior to the issuance of the permit for the property, the applicant shall remove the
impervious surfaces proposed for removal and request an inspection to confirm.
D. The variance shall expire one year after approval unless the applicant has completed
the project or an extension has been requested in accordance with Section 1201.05 Subd. 3 of
City Code.
E. 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, MINNESOTA
th
this 25 day of January, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
8A
MEETING
TYPE
Regular
City of Shorewood Council Meeting Item
Meeting
Title/Subject: Receive Feasibility Study and Authorize Preparation of
Plans & Specifications for the Smithtown Pond
Project; City Project 20-07
Meeting Date: Monday, January 25, 2021
Prepared by: Andrew Budde, City Engineer
Reviewed by: Larry Brown, Director of Public Works
Attachments: Feasibility Study and Resolution
Background: On June 8, 2020, the Shorewood City Council authorized the preparation
of an engineering Feasibility Study for the Smithtown Pond project.
The City had previously completed the Western Shorewood Drainage Study and the
Smithtown Pond is a major component of the overall study. The proposed regional
pond, located at 26245 Smithtown Road, provides an opportunity to significantly
improve the drainage in upstream areas by allowing adequately sized trunk storm sewer
pipes at depths that help propagate drainage through the area. The pond then provides
an opportunity to store the water and release it at a rate that is significantly reduced
from the current conditions. This will reduce the erosion potential to the downstream
Grant Lorenz channel that has seen significant erosion, sloughing slopes, and washouts
in recent years. A couple other components of the project include improving the outlet
condition from the existing Freeman Park pond and installing a trail connection from
Smithtown Road to the HCRRA Lake Minnetonka Regional Trail. The Smithtown Pond
will also be an opportunity to install water quality treatment that will be required as part
of the permitting and approval process for the Strawberry Lane Reconstruction and Trail
project, slated for 2022. This helps reduce the need for additional right of way directly
adjacent to the Strawberry Lane roadway corridor. Additional water quality treatment,
above and beyond what is required, can be achieved by including a larger Iron
Enhanced Sand Filter (IESF). It is recommended to include this in the design and bid
as an alternate. It is anticipated that any outside funding would require its inclusion in
the project.
The preparation of the Feasibility Study included topographic survey of the project area,
evaluate soil conditions, wetland delineations, evaluation of three ponding layouts that
allowed for refined flow and treatment calculations, updated project cost estimates, and
development of a project schedule.
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
The complete Smithtown Pond Feasibility Study can be viewed on the city website at
http://ci.shorewood.mn.us/government/meeting_agendas_minutes_and_videos.php
Evaluation/Comparison:
Est. Pros Cons
Cost
Option $1.55M
Reduce 100-yr peak flow rate Bypass 30 ac untreated
A
in Grant Lorenz Channel 32%. impervious (143 ac total).
Maintain existing vegetation Erosion of Freeman Park
buffer along east property line. Channel only stabilized to limit
disturbance.
Reduce 100-yr peak flow rate
Shorewood Oaks outlet to
in Freeman Park Channel
43%. extend to Smithtown Road at
elev +/- 950.
Reduce TSS 9% & TP 5%.
Option $1.97M
Reduce 100-yr peak flow rate Lowest reduction in peak flow
B
in Grant Lorenz Channel 16% rates to the Grant Lorenz
Channel
Maintain 30’ existing
Must disturb adjacent
vegetation buffer along east
property line north of Freeman properties to east to repair
Park Channel connection Freeman Park Channel /
temporary easements would
Repair erosion in Freeman
be necessary.
Park Channel and install riprap
grade drops to provide energy
dissipation.
Reduce TSS 41% & TP 23%
Provides closest connection to
Shorewood Oaks.
Option $1.99M
Reduce 100-yr peak flow rate Must disturb adjacent
C
in Grant Lorenz Channel 23%. properties to east to repair
Freeman Park Channel /
Maintain 30’ existing
temporary easements would
vegetation buffer along east
be necessary.
property line north of Freeman
Additional outlet structure to
Park Channel connection.
operate and maintain.
Repair erosion in Freeman
Shorewood Oaks outlet to
Park Channel and install riprap
grade drops to provide energy extend to lower basin at elev
dissipation. +/- 952.
Berm between ponds provides
opportunities for additional
landscape features/communal
park area.
Reduce TSS 45% & TP 25%.
IESF $0.03M
Greatly enhances TSS and TP Requires routine maintenance
removal. to keep surface free of leaves,
optional
debris, and algae.
Financial Considerations: This project has been budgeted for in the Capital
Improvement Plan (CIP) in 2021 and includes two items from the CIP:
2021 Smithtown Pond/Freeman Park Outlet $3,065,280
2021 Smithtown Pond Trail $154,500
Total Budget $3,219,780
The above budget amounts included storm sewer from Strawberry Lane to Smithtown
Pond, which is why the above estimates are approximately $1.2M lower. After
advancement of the feasibility studies for both projects, it is recommended to include
this storm sewer segment with the Strawberry Lane & Trail project going forward and
shift the budget amount accordingly.
Staff has also submitted grants to two outside agencies and are currently awaiting
results. 1.) Hennepin County Opportunity Grant for $100,000; 2.) Minnehaha Creek
Watershed District for $50,000.
The above budgets and estimates include construction and project development costs
such as survey, engineering, legal, and administration. Preparation of the Final Plans
& Specifications for the Smithtown Pond is estimated to be $100,000.
Recommendation/Action Requested: Staff recommends the City Council accept and
approve the Feasibility Study and authorize preparation of the Final Plans &
Specifications for the Smithtown Pond project.
Next Steps and Timelines:
Accept Feasibility Study and Authorize Plans & Specifications …… … January 25, 2021
Approve Plans and Specifications/Authorize Ad for Bid .....................late February, 2021
Open Bids .............................................................................................. late March, 2021
Award Construction Contract ........................................................................... April, 2021
Begin Construction ............................................................................................ May 2021
Construction Substantially Complete .................................................................May 2022
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-011
A RESOLUTION APPROVING THE FEASIBILITY STUDY AND AUTHORIZING
PREPARING PLANS AND SPECIFICATIONS FOR THE SMITHTOWN POND
PROJECT
CITY PROJECT 20-07
WHEREAS, the City of Shorewood (“City”) authorized the preparation of a Feasibility
Study for the Smithtown Pond project, City Project 20-07, on June 8, 2020; and
WHEREAS, the preliminary engineering and Feasibility Study confirms that the
proposed improvements will reduce flow in downstream Grant Lorenz Channel, provide
for improved drainage in the upstream watershed, provide improved water quality for
the watershed, and provide treatment for the future Smithtown Road and Trail project
scheduled for 2022; and
WHEREAS, the proposed improvements are necessary, cost effective, and feasible;
and
WHEREAS, the project is included in the 2021 Capital Improvements Plan and will fund
the project from the Stormwater Fund; and
NOW THEREFORE, IT RESOLVED: that the City Council of the City of Shorewood
hereby receives the Feasibility Study prepared by Bolton & Menk and Authorizes the
preparation of Final Plans & Specifications for the Smithtown Pond project.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25 day of January,
2021.
.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
9A
Title/Subject: Telecommunications Lease – West Tower
Meeting Date: January 25, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Reviewed By: Tim Keane, City Attorney
Attachments: Proposed lease agreement, Resolution
Background: Staff has been engaged with representatives of Verizon in negotiating for
a lease to place antennas and related equipment on the city’s west water tower. This
on again-off again process been taking place for close to two years, but we have
reached a tentative agreement that would lease space on the barrel of the water tower
at Minnewashta Elementary School. If approved, Verizon would be the fourth carrier on
the tower.
Verizon, at their expense, will have to comply with the city’s requirement for all carriers,
including: Applying for a conditional use permit application, completing a frequency
interference study, and submitting their plans to the city’s water tower engineering firm
(KLM) for their review and approval.
Financial or Budget Considerations: The terms of the lease are consistent with
leases the city has with other wireless providers on the water towers. The initial lease
term is for five-years, with four additional five-year renewal optional periods. The initial
rent is $33,000, and there is an escalator clause that has annual increases from 2.5% to
5%.
Recommended Action: Staff recommends approving the lease as presented by
adopting the Resolution.
Next Steps and Timeline: Staff will work with Verizon and KLM Engineering to
complete the project.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
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H:\\2019\\2019-075.2 D1 - MIN Wildrose\\Survey\\Drawings\\2019-075.2 MIN Wildrose - Topo.dwg
44076
EVS, INC.
ENERGY
CHECKED BY SCA PROJECT #2019-075.2
Fax: 952-646-0290
www.evs-eng.com
SURVEYING
RENEWABLE
Phone: 952-646-0236
ENGINEERING
Eden Prairie, Minnesota 55344
06 / 04 / 2019
10025 Valley View Road, Suite 140
1 OF 2
PROJECT MIN WildroseSmall Cell LOCATION 26350 Smithtown RdShorewood, MN SHEET Limited TopographicSurvey CLIENTDRAWN BY MRW DATE 06.04.2019 SHEET NUMBER
AND THAT I AM A DULY LICENSEDTHE LAWS OF THE STATE OF___________________________
I HEREBY CERTIFY THAT THIS PLANOR REPORT WAS PREPARED BY ME ORUNDER MY DIRECT SUPERVISIONPROFESSIONAL SURVEYOR UNDERMINNESOTA.MICHAEL R. WILLIAMS DATE REGISTRATION NUMBER
# DATE REVISION
EAST POLE
TOP OF POLE = 1004.9
BOTTOM WIRE = 993.1
GROUND ELEVATION = 972.4
TOP OF TRANSF. = 1000.2
BOTTOM OF TRANSF. = 997.6
LEGEND
BOTTOM WIRE = 986.8
TOP OF POLE = 1000.2
GROUND ELEVATION = 970.9
TOP OF TRANSF. = 995.4
BOTTOM OF TRANSF. = 992.6
WEST POLE
Tower Site:
SMITHTOWN RD
MIN Wildrose
SURVEYOR NOTE:
Last Saved By:Sheet Size:
H:\\2019\\2019-075.2 D1 - MIN Wildrose\\Survey\\Drawings\\2019-075.2 MIN Wildrose - Topo.dwg
44076
EVS, INC.
ENERGY
CHECKED BY SCA PROJECT #2019-075.2
Fax: 952-646-0290
www.evs-eng.com
SURVEYING
RENEWABLE
Phone: 952-646-0236
ENGINEERING
Eden Prairie, Minnesota 55344
06 / 04 / 2019
10025 Valley View Road, Suite 140
2 OF 2
PROJECT MIN WildroseSmall Cell LOCATION 26350 Smithtown RdShorewood, MN SHEET Limited TopographicSurvey CLIENTDRAWN BY MRW DATE 06.04.2019 SHEET NUMBER
AND THAT I AM A DULY LICENSEDTHE LAWS OF THE STATE OF___________________________
I HEREBY CERTIFY THAT THIS PLANOR REPORT WAS PREPARED BY ME ORUNDER MY DIRECT SUPERVISIONPROFESSIONAL SURVEYOR UNDERMINNESOTA.MICHAEL R. WILLIAMS DATE REGISTRATION NUMBER
# DATE REVISION
TOP OF TOWER = 1169.9
GROUND = 967.8
59.41"57.72"
NAVD88NAVE88NAVE88NAVE88NAVE88
TOP OF ANTENNA = 1072.6
TOP OF ANTENNA = 1103.8
53'36''
BOTTOM OF ANTENNA = 1097.6BOTTOM OF ANTENNA = 1064.7
967.8
1064.71072.61097.61103.8
Ground Elevation=Top of Antanna=Top of Antanna=
NODE LOCATION:Bottom of Antenna=Bottom of Antenna=Latitude=Longitude=
Tower Site:
MIN Wildrose
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CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-012
A RESOLUTION APPROVING AN AGREEMENT WITH CELLCO PARTNERSHIP
d/b/a VERIZON WIRELESS FOR SPACE TO INSTALL ANTENNAS AND RELATED
EQUIPMENT ON THE CITY’S WATER TOWER LOCATED AT 26352 SMITHTOWN
ROAD
WHEREAS, The city of Shorewood was contacted by representatives of Verizon
Wireless to lease space on the city’s water tower located at 26352 Smithtown Road;
and,
WHEREAS, City staff negotiated with representative of Verizon for lease terms; and,
WHEREAS, A tentative agreement has been reached that is consistent with lease
agreements the City has with other wireless providers,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. The “Water Tower Space Lease Agreement, Cellco Partnership d/b/a Verizon
Wireless for the city water tower located at 26350 Smithtown Road” is hereby approved
as presented.
2. The Mayor and City Clerk are authorized to sign the agreement on behalf of the city
of Shorewood.
th
Adopted by the City Council of Shorewood, Minnesota this 25 day of January, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
Total RevenueNumber of New Construction Permits Historic New Construction Permit Data Number of Permits IssuedTotal Permit Revenue 2020201920182017201620152014201320122011201020092008706050403020100
$450,000$400,000$350,000$300,000$250,000$200,000$150,000$100,000$50,000$0445460209161816188957
10.A.3.
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: 2020 Building Permit Report
Meeting Date: January 25, 2021
Prepared by: Emma Notermann, Planning Technician
In 2020, the City of Shorewood issued 44 building permits for new construction. 24 of these
building permits were for homes in the Minnetonka Country Club (MCC) and the other 20 were
for new homes elsewhere in the City.
There are 142 total lots in the MCC and there are 22 remaining lots. Below is a historic
breakdown of the MCC new construction permits:
Year Number of Builder
Permits
2016 1 Mattamy
2017 5 3 Gonyea Homes, 2 CalAtlantic/Lennar
2018 46 10 Gonyea Homes, 36 CalAtlantic/Lennar
2019 44 12 Gonyea Homes, 32 CalAtlantic/Lennar
2020 24 5 Gonyea Homes, 19 CalAtlantic/Lennar
Total permit revenue for 2020 from new construction permits was $395,567. A historic view of
the number of new construction permits and the associated permit revenue are shown in the
graph below.
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.
2023202220212020 Number of Licenses Issued
10.A.2
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: 2020 Rental License Report
Meeting Date: January 25, 2021
Prepared by: Emma Notermann, Planning Technician
In 2020, the City of Shorewood issued 43 rental licenses, with 2 applications still pending. A
majority of these were issued as conditional licenses due to COVID-19 pandemic’s restrictions
on in-home inspections. Conditional licenses require an inspection before the end of 2021.
26 licenses will require renewal in 2021.
Expiration Year Number of Licenses Issued Number of Units Licensed
2020 52 156
2021 25 47
2022 14 14
2023 43 43
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.