06-28-21 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JUNE 28, 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___
Siakel___
Johnson___
Callies___
Gorham___
B. Review and Adopt Agenda
Attachments
2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening
under a single motion. These items are considered routine and non-controversial. However, a council member may request that an
item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by
council, those can be answered now.
Motion to approve items on the Consent Agenda & Adopt Resolutions Therein:
A. City Council Work Session Minutes of June 14, 2021 Minutes
B. City Council Regular Meeting Minutes of June 14, 2021 Minutes
C. Approval of the Verified Claims List Claims List
D. Accept the Coronavirus Local Fiscal Recovery Fund Established Finance Director Memo
Under the American Rescue Plan Act Resolution 21-067
E. Call for Special Meeting to Interview Legal Firms City Administrator Memo
Resolution 21-068
3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on
tonight's agenda, to the attention of the mayor and council. If you want to address the council, please use the raise your hand
feature. Once you are recognized, please identify yourself by your first and last name and your address for the record. After this
introduction, please limit your comments to three minutes. All comments will be respectful. No action will be taken by the council on
this matter, but the mayor or council could request that staff place this matter on a future agenda. (No Council Action will be
taken)
4. PUBLIC HEARING
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
5. REPORTS AND PRESENTATIONS
6. PARKS
7. PLANNING
A. Report by Commissioner Eggenberger on 06-01-21 Planning Commission Mtg Minutes
B. Variance to Front Yard Setback Planning Technician Memo
Applicant: Justin Robinette Resolution 21-069
Location: 4530 Enchanted Point
C. Variance for Detached Garage Height Planning Technician Memo
Applicant: Kuhl Design Build Resolution 21-070
Location: 28110 Woodside Road
D. CUP for Fill in Excess of 100 Cubic Yards and Variances Planning Director Memo
Applicant: Tod and Bonnie Carpenter Resolution 21-071
Location: 26050 Birch Bluff Road
E. Approve Final Plat and PUD Final Plan for Walnut Grove Villas Planning Director Memo
Applicant: Stoddard Companies Resolution 21-072
Location: State Hwy 7 between Eureka Road and Seamans Drive
F. Approve Final Plat for Excelsior Woods Planning Director Memo
Applicant: Red Granite Construction Resolution 21-073
Location: 20325 Excelsior Boulevard
G. Approve Extension for Code Compliance at Planning Technician Memo
20585 Garden Road Resolution 21-074
H. Farm Animal Regulations (Chickens) – Discussion Only Planning Director Memo
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. Flexible Workplace Policy City Administrator/City Clerk HR Director Memo
Resolution 21-075
Resolution 21-076
10. STAFF AND COUNCIL REPORTS
A. Staff
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, JUNE 14, 2021 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 6:00 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Labadie, Gorham, and Callies; City
Attorney Keane; City Administrator Lerud; Finance Director Rigdon; Director of
Public Works Brown; and City Engineer Budde
Absent: Councilmember Siakel
B. Review Agenda
Johnson moved, Gorham seconded, approving the agenda as presented. Roll Call Vote:
Ayes – all. Motion passed 4/0.
2. EXCELSIOR SEWER CHARGES
City Administrator Lerud noted that he had included a summary in the packet and noted that
Finance Director Rigdon and Public Works Director Brown and City Attorney Keane can also
weigh in on the discussion. He said that late last year, the City Council reviewed this information
and appointed two representatives from the Council to meet with two representatives from
Excelsior’s Council to determine if an agreement could be reached on the question of the
overpayment of sewer charges to Excelsior and a new agreement to replace the current two
agreements. He explained that several meetings were held, and the City had thought that
progress was being made. However, in April 2021, the City received an invoice from Excelsior
that was more than three times the amount of any prior invoice. He stated that lately the invoice
has been around $50,000 and the invoice received in April was for over $160,000. He stated that
the City remitted a check in the same amount of the 2019 service and explained that they believed
that was fair payment. He stated that following meetings between staff and the representative
group, they felt it was time to go before the full Council to get some direction on next steps.
Councilmember Callies asked about the reference in the staff report to “a new interpretation of
the agreement”. City Administrator Lerud explained that there are three components to the 1991
formula: Excelsior’s budgeted collection cost, plus Excelsior’s budgeted capital outlay, plus
Excelsior’s budgeted administrative general cost at 24%. They have stated in the previous
meetings that they have been underestimating the actual capital outlay amount. Their new
interpretation is that their capital costs are not limited to just the facilities that Shorewood is using
and are taking their entire capital budget and putting it into the formula.
Councilmember Callies asked if Excelsior had a personnel change and if that is why there is a
new interpretation. City Administrator Lerud stated that they did have a personnel change
because their treasurer left but he does not know if that is the reason for the invoice.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
JUNE 14, 2021
Page 2 of 5
Councilmember Callies stated that she understands that there is not really a statute of limitations,
but these charges are going back a long time. City Administrator Lerud stated that as staff have
been looking at this, it has never been a legal issue. He stated that they are not proposing that
they go back and seek a court judgement for these amounts. He stated that the City believes that
Excelsior have not incurred the overpayment costs that Shorewood has paid to them, as
Shorewood has not been provided service. He stated that the City has been paying this since
1991 and believe that they have been overcharged and can document it going back to 2005.
Councilmember Callies asked if a sewer meter was the same as a flow meter. Public Works
Director Brown stated that there are meters that can be installed that will measure wastewater
similar to a water meter. City Administrator Lerud stated that he wanted to be clear that when
they are talking about basing the flow or sewer charge, they are talking about a water meter
reading. He explained that what he is talking about in that instance is that there are Shorewood
residents who are Excelsior water customers, so their water is metered. It is billed to the City of
Shorewood and is billed back against those properties.
Councilmember Gorham stated that on the last page, it lists an overpayment of $270,000 and
then interest is added to get to about $330,000. City Administrator Lerud explained that what
they believe and can document for overcharges are $229,273. Councilmember Gorham asked
why the city would not look to go back to 1991 and charge interest.
City Administrator Lerud noted that neither City has good information or records between 1991
and 2004 so those numbers are estimates. Councilmember Gorham asked if Excelsior has
explained why they are pushing back on a straight reimbursement to Shorewood. City Attorney
Keane stated that they have not advanced any rationale for their actions. He noted that the only
thing they have heard is from their City Attorney Staunton who stated that, in his opinion, this
would be subject to a statute of limitations claim and that anything beyond six years should not
even be talked about. He stated that his reply to that comment was that this issue is not being
litigated and Shorewood is simply stating the facts.
Mayor Labadie noted that this has been a very frustrating process. She noted that
Councilmember Johnson and former Mayor Zerby were involved in the representative discussion,
and she has taken Mayor Zerby’s place at those meetings. She stated that there has been no
meeting of the minds between the two cities. She explained that the City felt that they went into
these meetings and negotiations with good numbers that could be backed up and felt that
Excelsior came back and blindsided them with this most recent invoice and could not even back
it up, which was been very frustrating.
City Administrator Lerud noted that one thing he thinks both sides agree to is that the 1991
agreement was a poorly written agreement and explained that it was cancelled at the end of 2020.
He stated that he also believes both sides agree that there should be an updated agreement for
both water and sewer. The biggest issue that there is not agreement on is the overpayment and
how it will be reimbursed to Shorewood.
Councilmember Callies asked if what happened was that the representative group was
negotiating and then Excelsior got mad and sent the City the bill that is three times larger than
any other bill. City Administrator Lerud stated that he does not know the motivation for their
sending the bill. He stated that it was sent via e-mail and it was surprising because it was out of
the blue, and had expected the 2020 bill to be sent once negotiations were done.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
JUNE 14, 2021
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City Attorney Keane stated that he feels it is very important to note that Excelsior has never made
an offer to Shorewood. City Administrator Lerud reviewed the five point ‘proposal’ from Excelsior
that was completely based on the $169,000 invoice that they just submitted.
Mayor Labadie reiterated that this has been very frustrating and thinks that both Councilmember
Johnson and City Administrator Lerud would agree that they would go to the Zoom meetings and
Shorewood was prepared and it was almost like the Excelsior individuals had not read anything
that was written, nor put any thought into it. She does not think it is accurate that they came back
to the City out of anger because there have been cordial exchanges, but reiterated that it felt like
no one from Excelsior was doing their homework. She stated that she has not gotten the
impression that they have done this out of spite or retaliation which is what made receiving the
invoice even more shocking.
City Administrator stated that he believes it is incumbent on the City to work to have that money
returned in whatever form is agreed upon. He explained that Shorewood had proposed to have
it sit as a credit, that would be drawn down by the a future agreed-upon formula, which he felt was
a reasonable solution. He noted that staff has worked up a few proposal ideas that they are
comfortable with and reviewed the details of discussions and the differences between the 1971
and 1991 agreements.
Councilmember Callies stated that she appreciates the firm stance that staff has taken to this
point because the City needs to protect the interests of the residents who have paid, but she can
sort of see where this is headed. She stated that she is supportive of option two, but thinks that
the Council will be back in an attorney-client session in a few weeks.
Councilmember Gorham stated that he would assume that Excelsior would also want option two.
He stated that this all seems very straight forward to him and for the City to be offered a settlement
does not really sit right with him. He stated that it is straight forward that the City has been paying
for this and has overpaid. He noted that he would compare it to a situation where you have
overpaid your Verizon bill and it is simply credited for a future bill and is just that simple. He stated
that he is not ready to commit it to lawyers just yet but asked if the feeling was that it had reached
the end of the line for negotiating in the smaller group with Councilmember Johnson and Mayor
Labadie.
Mayor Labadie stated that she thinks it is pretty close to the end of the line. She stated that she
was hoping that if this was discussed as a full Council, they could go back and present a
consensus form the entire Council so there is a unified front. She stated that her hope is that this
may prevent it from coming back in a few weeks to a closed session, but she is not overly
optimistic about it.
Councilmember Johnson agreed and noted that he was also not optimistic and explained that he
questioned whether the latest invoice was a known entity by the Excelsior Council but has not
gotten a clear answer to that question. Councilmember Callies reiterated that she would support
option two and would just hope for the best.
City Administrator Lerud stated that he thinks he has enough direction from the Council and
suggested that Mayor Labadie and Councilmember Johnson present the Council’s thoughts at
the next joint meeting.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
JUNE 14, 2021
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3. ATTORNEY PROPOSALS
City Administrator Lerud explained that the City had received six proposals to provide criminal
and five proposals civil services to the City. He stated that he believes the understanding was that
the Council would discuss the interview process tonight and determine whether the entire Council
would be involved and other details surrounding the interviews. He noted that the statute says
that the name of the firm is considered public information at this time, but the content of the
proposal is not, until the finalist is selected.
Councilmember Callies stated that her preference is that the interviews are held off until the
Council can meet in person. She stated that there are a few proposals that, in her opinion, should
not move forward.
Mayor Labadie stated that she agreed and would like to conduct the interviews live versus via
Zoom and she also flagged a few firms on both the civil and criminal as having a conflict of interest.
She would suggest that the Council look at the two sides, civil and criminal, as two entirely
separate issues. She stated that she would also like to see it happen not at a City Council meeting
but to have its own session in order to give it the time it deserves without having a cut off time
because there is another meeting starting at 7:00 p.m. She reiterated that she would like to see
the interview sessions be separate for both the civil and criminal entities and to not piggyback
them on the same night as a Council meeting.
Councilmember Gorham stated that he would support giving them their own separate meeting.
Councilmember Callies stated that she would agree with the idea of not holding the interviews on
the same night as a Council meeting and noted that it may even be possible to hold those
meetings during the daytime hours, depending on schedules. She noted that she would also
support the suggestion of handling the civil and criminal aspects separately.
Mayor Labadie stated that she would like the Council to discuss the potential conflict of interest
that she had flagged because she thinks some of them are significant enough that they could
eliminate that firm from even getting called for an interview. She stated that for the civil firms and
she believes that the following firm has a potential conflict: Kennedy & Graven - because they
have served as city attorney for Tonka Bay, as well as being general counsel for the Lake
Minnetonka Conservation District, and the Lake Minnetonka Communications Commission. For
criminal firms, she believes that the following firm has a potential conflict: Chestnut Cambronne
– because they are representing clients who have pending issues within the City.
Councilmember Callies stated that she thinks it was disingenuous that Chestnut Cambronne had
not called out this situation. Mayor Labadie stated that she does not think Chestnut Cambronne
should be brought forward for an interview. She asked if anyone else flagged any firms for
discussion about potential conflict of interest. There was consensus of the Council to eliminate
Chestnut Cambronne from the criminal firm interviews.
The Council discussed the potential conflicts with Kennedy & Graven because they serve as city
attorney for Tonka Bay as well as for LMCD and the LMCC. There was consensus of the Council
to eliminate Kennedy & Graven from the civil firm interviews.
Mayor Labadie asked if the Council wanted to interview all the remaining candidates or narrow
the field a bit more. Councilmember Callies stated that she feels the rest of the candidates are
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
JUNE 14, 2021
Page 5 of 5
entitled to an interview. Councilmember Johnson asked if a fifteen-minute interview would be
sufficient, for example of there are 4 interviews scheduled for the same night.
Councilmember Gorham stated that, in his opinion, it depends on whether it is the whole dog and
pony show of their whole firm, or whether it is just meeting the ‘main guy’ that will represent the
City. Councilmember Callies stated that she does not want them to repeat their whole proposal
because the Council is capable or reading the information that was already submitted. She stated
that she feels the goal would be to meet the main people and see how they come across to the
Council. She stated that fifteen minutes may be too short and suggested that it be extended to
twenty minutes.
Councilmember Gorham stated that there were some stand-outs for him and if the Council can
agree that there are a top three, it would be good to give everyone twenty to thirty minutes. He
stated that he would support interviewing three candidates and the interview could be the main
representative and some key staff members. He stated that he would support bringing in a smaller
number of candidates and giving them each more time.
Mayor Labadie noted that Police Chief Meehan has expressed an interest in sitting in on the
criminal firm interviews and asked for Council feedback on this idea. Following discussion there
was consensus from the Council that the Police Chief should not be part of the interview process
as he submitted a letter of support for one of the firms.
Councilmember Callies noted that she thinks the Council should interview the remaining firms.
Councilmember Gorham explained that his recommendation for narrowing down the candidates
was because if there are firms that really do not have a chance, he would not want to cloud the
Council’s judgement. Mayor Labadie confirmed that the City will offer interviews with the entire
Council to four of the civil firms and five of the criminal firms that will last twenty minutes.
City Administrator Lerud noted that he will send out surveys of the best days/times for the
interviews.
4. ADJOURN
Callies moved, Johnson seconded, Adjourning the City Council Work Session Meeting of
June 14, 2021, at 6:58 P.M. Motion passed 5/0.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JUNE 14, 2021 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:02 P.M.
Mayor Labadie reminded everyone of the Grand Opening Event at Badger Park, on June 16, 2021
from 6:00 p.m. to 8:00 p.m.
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Gorham, and Callies; City Attorney
Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director
Rigdon; Planning Director Darling; Director of Public Works Brown; and City
Engineer Budde
Absent: Councilmembers Siakel
B. Review Agenda
Gorham moved, Johnson seconded, approving the agenda as presented.
Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Councilmember Callies asked about the donation for the Band Shell Celebration and the
suggestion that it be paid directly to Excelsior. She asked if the organization is a 501(c)(3) and
whether the City should be donating directly to them and not to Excelsior.
City Administrator Lerud stated that a payment, in this situation, is better made to Excelsior
because they are working in tandem with them and does not know if they have a specific 501
(c)(3) status. He noted that donating to the city is just like donating to the event.
Johnson moved, Gorham seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of May 24, 2021
B. Approval of the Verified Claims List
C. Band Shell Celebration Event Donation
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 14, 2021
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D. Accept Proposal for Cleaning Exterior of East Water Tower, Adopting
RESOLUTION NO. 21-061, “A Resolution Accepting Proposal for Cleaning of
the East Water Tower Located at 5500 Old Market Road.”
E. Authorizing Purchase of Public Works Equipment, One Pick-up Truck,
F. 2021 Deer Management Program
Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed.
3. MATTERS FROM THE FLOOR
Ryan Mailer, 5770 Kelsey Drive, stated that they wanted to start a fun family activity and have
chickens in their yard. He stated that he began e-mailing with Planning Technician Notermann
and Planning Director Darling and found that there is a rule in the City that you must have a
minimum of 75% neighbor approval to have chickens. He stated that they only have two adjoining
neighbors, one neighbor was in favor of the chickens and one was not. He would be open to a
variance process. He stated that he did some digging into the rules and ordinances and found
that there is not a variance process for urban farm animals. He asked the Council to look at the
language of the ordinance and consider expanding, removing, or create a variance process for
this situation. He stated that one other interesting factor is that the neighbor that was in support
of them getting chickens decided to also go through the process to have chickens. That neighbor
also approached the neighbor who was not in favor of his getting chickens, but because they had
enough other adjoining neighbors that were in favor, they were able to obtain a permit a few days
ago. He shared an aerial map that showed his yard as well as the neighbor’s yard who was able
to get a permit to keep chickens.
Mayor Labadie noted that the Council will not be able to take action on this matter tonight, but
directed Planning Director Darling to prepare a brief item for the next Council meeting to discuss
this issue and consider the language that neighboring cities have used as well.
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Tour de Tonka – Tim Litfin
Tim Litfin gave an overview on the upcoming Tour de Tonka event scheduled for August 7, 2021
and noted that it will be live and in person this year. He gave a quick rundown of a few Tour de
Tonka trivia tidbits and thanked some of the event sponsors. He noted that the event was first
held in 2006 and noted that it is an event for all ages because there are also seven different
distance options for the riders. He explained that they have had representation from forty-three
of the states.
6. PARKS
A. Report by Commissioner Hirner on June 6, 2021 Park Commission Meeting
Commissioner Hirner gave an overview of the June 6, 2021 Park Commission meeting as
reflected in the minutes and answered Council questions.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 14, 2021
Page 3 of 7
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
A. Approve Plans and Specifications for 2021 Lift Station Improvements, City
Project 20-12
Public Works Director Brown explained that this item is for approval of the plans and specifications
for Lift Stations #7 and #10. He gave an overview of the construction components for these
projects for the wet well, control cabinet and valve vault and compared existing to an example of
a reconstructed lift station. Staff is estimating that each lift station will cost approximately
$240,000.
Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 21-062, “A Resolution
Approving Plans and Specifications and Authorizing Advertisement of Bidding for Lift
Stations 7 and 10 Rehabilitation Project, City Project 20-12.”
Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed.
B. Authorize Preparation of Feasibility Study for Birch Bluff Street and Utility
Improvement, City Project 21-01
City Engineer Budde explained that this item is a request for authorization to prepare a feasibility
study for the Birch Bluff Street and utility improvement project. He noted that the project scope
currently includes full reconstruction of Birch Bluff Road and Lee Circle with concrete curb and
gutter, the addition of storm sewer and required ponding and other stormwater improvements,
addition of watermain extension, and a small trail from Eureka Road to the Tonka Bay City limits.
He gave an overview of what would be included in the feasibility study and noted that Birch Bluff
is designated as a Municipal State Aid roadway which makes it eligible for MSA funds. He stated
the small trail included in this project will connect Crescent Beach with Smithtown Road. He
explained that prior to approval of the feasibility study, staff will hold an informational public
meeting to provide information and seek feedback from the residents. He reviewed the amounts
included in the CIP budget.
Commissioner Gorham asked if the MSA funds would help pay for the project or would be
something that the City would have to pay back. He asked about the likelihood of the City getting
those funds versus the City having to engineer the roadway to a different standard that will cost
more money.
City Engineer Budde stated that the MSA funds are given to the City every year and they can
apply to any City’s MSA streets for improvements. He stated that those funds could be used for
this project, but it would have to be built to MNDot standards. He stated that they do not know if
that would mean anything financially to the project but that would be determined through the
feasibility process. Once that is determined the Council would decide to use the funds for this
project or hold on to them for a future project.
Commissioner Gorham asked if the MNDot standards meant that it would be a thicker street. City
Engineer Budde stated that the biggest thing is that the road would have to meet their horizontal
and vertical curvatures for the speed. He stated that they have taken a very preliminary look at it
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 14, 2021
Page 4 of 7
and do not foresee any issues in being able to achieve those, but the plans would have to be
submitted to the MNDot State Aid office for review and approval as part of the plan development
process.
Public Works Director Brown stated that the width of the lanes also have a State Aid standard as
well as any trail widths. He stated that the other thing that would come into play are what are
referred to as ‘clear zones’ which are distances behind the back of the curb that have to remain
clear. He noted that typically, the stormwater requirements do not vary much between State Aid
and non-State Aid.
Councilmember Gorham confirmed that the City would not lose access to this money if they did
not use it on this project. City Engineer Budde stated that the City would not lose the money
because it is not a ‘use it or lose it’ type of situation and the funds will just remain in place until
there is a project that they would like to use it for. He explained that the funds can just accumulate
for a future project or can be drawn in advance, if needed.
Councilmember Gorham asked what makes an MSA roadway. City Engineer Budde stated that
the City has to have a population of over 5,000 to be eligible to be an MSA city and also have to
designate a certain number of roads that provide more of a collector or arterial type feel to and
gets people place to place and not necessarily access to driveways.
Councilmember Gorham asked if there is any known interest in this area in accessing City water.
City Engineer Budde stated that he has gotten a number of requests since a mailer was sent out
a few weeks ago letting residents know that this project may be coming.
Public Works Director Brown stated that he believes there are a number of people who are in
favor of City water, but not everyone. He referenced back to the Glen/Amlee/Manitou project
where water was heavily debated, and noted that the City controls the right-of-way, but this does
not force people to hook up. He stated that it would be a shame to put in a roadway and have to
go back in a few years and try and ‘wiggle’ those connections in.
Callies moved, Johnson seconded, Adopting RESOLUTION NO. 21-063, “A Resolution to
Prepare Feasibility Study for Birch Bluff Improvements Project, City Project 21-01.”
Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed.
9. GENERAL/NEW BUSINESS
A. Initiate Competitive Bond Sale
Finance Director Rigdon introduced Shannon Sweeney of David Drown Associates to explain the
competitive bond sale to the Council.
Shannon Sweeney, David Drown Associates, stated that the City is planning to put financing in
place for some of the costs associated with the 2021 Street Improvement Projects that include:
Smithtown Pond Trail; Glen/Amlee/Manitou; Sweetwater Curve; and the 2021 Mill, Overlay, and
Striping projects. The total cost for these projects are estimated to be around $6,162,542 with
the funding sources utilized being a cash contribution in the amount of $359,088.95 along with
proceeds for 2020A bonds and general obligations bonds – series 2021A. He stated that if the
Council chooses to finance this project as proposed it would finance the road over 12 years, and
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 14, 2021
Page 5 of 7
20 years for the utilities. The bonds would be callable or can be pre-paid any time after February
1, 2028. He noted that the City has an excellent credit rating of AA+ which will attract investors
and create great competition for the purchase of the bonds. Councilmember Johnson noted that
he thinks this is another step in a very well thought, out ten-year capital improvement plan.
Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 21-064, “A Resolution
Providing for the Competitive Negotiated Sales of $4,325,000 General Obligation Street
Reconstruction and Utility Revenue Bonds, Series 2021A.”
Roll Call Vote: Johnson, Callies, Gorham, Labadie voted Aye. Motion passed.
B. Reimbursement Resolution
Finance Director Rigdon explained that this Resolution allows the City to pay for a project before
it receives the Bond proceeds, and then reimburse itself with bond proceeds. He stated that this
is a very standard practice.
Callies moved, Johnson seconded, Adopting RESOLUTION NO. 21-065, “A Resolution
Declaring the Official Intent of the City of Shorewood to Reimburse Certain Expenditures
from the Proceeds of Bonds to be Issued by the City.”
Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed.
C. Glen/Amlee/Manitou Water Connection
City Administrator Lerud explained that the City has begun to receive inquiries about connecting
to water from the Glen/Amlee/Manitou neighborhood. He stated that although residents would
not be able to hook up until the project is completed in the fall, staff is recommending that the
water access charge be able to be assessed on the same terms as was approved for the
Woodside project area last year.
Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 21-066, “A Resolution
Allowing New Water Customers on Glen Road, Amlee Road, and Manitou Lane the Option
to Assess the Water Access Charge.”
Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion passed.
D. SLMPD JPA Review
City Administrator Lerud stated that the current South Lake Minnetonka Police Department Joint
Powers Agreement expires in 2023. The Operating Committee, which is comprised of the
administrators for the member cities, has begun work on the new agreement. He gave an
overview of the work that has been done by the Operating Committee and noted that the proposed
preliminary modifications and changes of the document were included in the packet and are
recommended for approval. He stated that they are looking for a consensus on the ‘technical’
changes so the Coordinating Committee can then focus on the more difficult portions of the JPA,
such as the funding formula.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 14, 2021
Page 6 of 7
Councilmember Gorham noted that there appear to be some sections of the agreement that are
still under construction. City Administrator Lerud stated that is correct and there will be things
that still need to be fleshed out such as the dissolution and the bringing on of new members.
Councilmember Gorham stated that he had to read Section 10, regarding withdrawal, a few times
in order to understand the intent, which he thinks is that they want twenty month’s notice prior to
st
the January 1 in which they intend to withdraw. He reiterated that he feels it is worded in a
repetitive and confusing manner. He asked questions about terminations related to employment
with the SLMPD and if there was a reason that there was no end to the duration in Section E.
City Administrator Lerud answered the questions regarding employment and noted that there was
no reason not to include an end to the duration. He noted that the Excelsior Fire District JPA
does not have a termination date on it either but is something that could be included.
Councilmember Gorham noted that in some places it talks about review every five years. City
Administrator Lerud noted that he believes that is in reference to reviewing the funding formula
every five years. Councilmember Callies stated that she does not think the Council will want to
review the JPA every five years but suggested that there should be some duration for when it is
looked at again.
Councilmember Gorham asked how often Exhibit A was revisited. City Administrator Lerud stated
the formula inputs are reviewed every five years. He noted that he believes all the other member
cities have already approved the smaller changes being suggested tonight in the red lined copy
of the JPA.
Councilmember Gorham suggested that the statement about the meaning of unanimous
agreement of the parties be moved from the definition section to the body of the agreement
because it will give it a bit more weight.
Johnson moved, Gorham seconded, to approve the red lined version of the SLMPD JPA
as presented, with the suggestions and comments made by Councilmember Gorham to be
included.
Roll Call Vote: Johnson, Callies, Gorham, Labadie voted Aye. Motion passed.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Council Member Meeting Participation
City Administrator Lerud noted that at the May 24, 2021 City Council meeting Councilmember
Gorham had asked whether Council participation would be permitted to be virtual once Governor
Walz lifted the emergency order. He stated that the law has not changed and noted that a
Councilmember can participate remotely three times per year. He stated that what changed was
that all meetings held in 2021 prior to July 1, were not included in the annual limit.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JUNE 14, 2021
Page 7 of 7
Councilmember Callies noted that there is an important distinction about participating in a public
place verses a motel room. Councilmember Gorham asked if the Council would have to pre-
prescribe where their public location is.
City Administrator Lerud stated that for a public location they would and would have to modify the
agenda to note that a councilmember may be participating remotely. He noted that he can work
with City Attorney Keane at coming up with the correct language for the agenda.
Other
City Engineer Budde gave updates on the Glen/Amlee/Manitou project and noted that there was
a full roadway closure for the entire development today, but residents once again have full access.
He noted that a contractor accidentally hit a power pole and power was out for about two hours
from approximately 4:00 p.m. to 6:00 p.m. He noted that there is a public neighborhood on-line
meeting for the Strawberry Lane trail project scheduled for June 22, 2021, at 2:00 p.m. and noted
that after this meeting, he plans to meet with any residents who would like to meet.
Councilmember Callies noted that within the City there are gas line replacements that are being
done and asked whether the old lines are being taken out. City Engineer Budde stated that in the
case of the mill and overlay projects that are near Councilmember Callies, the old line will stay in
place and would be removed in the future when a full street reconstruction is done.
Public Works Director Brown noted that CenterPoint does enlist the assistance of another firm to
check services and the City will get the name of the firm on the website if residents have
questions. He stated that earlier this evening he referenced the 20-foot turf trail as part of the
discussion from the Park Commission meeting and mistakenly referred to it as going as far as the
Holiday Gas Station and explained that it actually lines up with Shady Hills Road between the
mini-storage and the day care center.
B. Mayor and City Council
Mayor Labadie reiterated her reminder about the Grand Re-Opening Ceremony for Badger Park
on June 16, 2021, from 6:00 to 8:00 p.m.
11. ADJOURN
Gorham moved, Johnson seconded, Adjourning the City Council Regular Meeting of June
14, 2021, at 8:13 P.M.
Roll Call Vote: Johnson, Callies, Gorham, Labadie voted Aye. Motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
#2 C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Verified Claims
Meeting Date: June 28, 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.
66868-66896 & ACH 1,158,774.60
Total Claims $1,158,774.60
We have also included a payroll summary for the payroll period ending June 20, 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
2D
Title/Subject: Accept the Coronavirus Local Fiscal Recovery Fund
Established Under the American Rescue Plan Act
Meeting Date: June 28, 2021
MEETING
Prepared By: Joe Rigdon, Finance Director
TYPE
REGULAR
Reviewed By: Greg Lerud, City Administrator
Attachments: Resolution
Background:
The American Rescue Plan Act (ARPA) was passed by Congress and signed into law
by President Biden in March 2021. The ARPA is intended to provide immediate relief to
families and workers affected by the COVID-19 pandemic with direct relief payments,
expanded tax credits, homeowner and renter assistance, and support for state, local,
and tribal governments across the country. Approximately $850,000 of ARPA funds
have been allocated to the City of Shorewood.
Use of funds may include:
Support public health expenditures
Address negative economic impacts caused by the public health emergency
Replace lost public sector revenue
Provide premium pay for essential workers
Invest in water, sewer, and broadband infrastructure
It is anticipated that the City will receive half the ARPA funds next month and the other
half in July 2022.
Funds must be obligated by December 31, 2024 and the period of performance will run
until December 31, 2026, which will provide recipients a reasonable amount of time to
complete projects funded with ARPA Funds.
Financial or Budget Considerations:
The City will review options for the use of ARPA funds.
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
Recommended Action:
Approve a Resolution to Accept the Coronavirus Local Fiscal Recovery Fund
Established Under the American Rescue Plan Act
Next Steps and Timeline:
If the Resolution is approved, Staff will request ARPA funding through the Minnesota
Management and Budget (MMB) COVID-19 Response Accountability Office.
RESOLUTION 21-067
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION TO ACCEPT THE CORONAVIRUS LOCAL FISCAL RECOVERY
FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT
WHEREAS, since the first case of coronavirus disease 2019 (COVID-19) was
discovered in the United States in January 2020, the disease has infected over 32
million and killed over 575,000 Americans (“Pandemic”). The disease has impacted
every part of life: as social distancing became a necessity, businesses closed, schools
transitioned to remote education, travel was sharply reduced, and millions of Americans
lost their jobs;
WHEREAS, as a result of the Pandemic cities have been called on to respond to the
needs of their communities through the prevention, treatment, and vaccination of
COVID-19.
WHEREAS, city revenues, businesses and nonprofits in the city have faced economic
impacts due to the Pandemic.
WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 (“ARPA”)
which included $65 billion in recovery funds for cities across the country.
WHEREAS, ARPA funds are intended to provide support to state, local, and tribal
governments in responding to the impact of COVID-19 and in their efforts to contain
COVID-19 in their communities, residents, and businesses.
WHEREAS, Approximately $850,000 has been allocated to the City of Shorewood
(“City”) pursuant to the ARPA (“Allocation”).
WHEREAS, the United States Department of Treasury has adopted guidance regarding
the use of ARPA funds.
WHEREAS, the City, in response to the Pandemic, has had expenditures and
anticipates future expenditures consistent with the Department of Treasury’s ARPA
guidance.
WHEREAS, the State of Minnesota will distribute ARPA funds to the City because its
population is less than 50,000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
Page 1
1. The City intends to collect its share of ARPA funds from the State of Minnesota
to use in a manner consistent with the Department of Treasury’s guidance.
2. City staff, together with the Mayor and the City Attorney are hereby authorized to
take any actions necessary to receive the City’s share of ARPA funds from the
State of Minnesota for expenses incurred because of the Pandemic.
3. City staff, together with the Mayor and the City Attorney are hereby authorized to
make recommendations to the City Council for future expenditures that may be
reimbursed with ARPA funds.
Adopted by the City Council of Shorewood, Minnesota this 28th day of June, 2021.
_________________________
Jennifer Labadie, Mayor
ATTEST
___________________________
Sandie Thone, City Clerk
Page 2
City of Shorewood Council Meeting Item
2E
Title/Subject: Calling for Special Meeting to Interview Legal Firms
Meeting Date: June 28, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Attachments: Resolution
Background: At the June 14 work session, the city council directed that two dates for
interviews be established to interview firms how submitted proposals to provide city
prosecution services and civil services. July 15 and August 16 were identified as days
that work for all council members.
Recommended Action: Staff recommends that the council pass the attached
Resolution by simple majority to call for a special meeting to be held on July 19 and on
August 16 to conduct attorney interviews.
Next Steps and Timeline: Upon passage, staff will provide the required notice and
notify the firms to be interviewed.
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 2021-068
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION CALLING FOR SPECIAL CITY COUNCIL MEETINGS TO
INTERVIEW FIRM TO PROVIDE CITY PROSECUTION SERVICES
BE IT RESOLVED by the Shorewood City Council that a Special Meeting of the Council
hereby be held on July 15, 2021, and August 16, 2021, both beginning at 6:30 p.m. for the
purpose of interview legal firms to provide prosecution and civil legal services to the City of
Shorewood. The meeting will be held at the Shorewood City Hall.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish and post the legal
notice for the meeting.
th
Adopted this 28 day of June, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, JUNE 1, 2021 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:04 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Eggenberger, Huskins, and Gault; Planning Director
Darling; Planning Technician Notermann; and, Council Liaison Callies
Absent: Commissioner Riedel
1. APPROVAL OF AGENDA
Huskins moved, Eggenberger seconded, approving the agenda for June 1, 2021, as
presented. Roll Call Vote: Aye – all Motion passed 4/0.
2. APPROVAL OF MINUTES
May 4, 2021
Huskins moved, Eggenberger seconded, approving the Planning Commission Meeting
Minutes of May 4, 2021, as presented. Roll Call Vote – ayes all. Motion passed 4/0.
3. MATTERS FROM THE FLOOR - NONE
4. PUBLIC HEARINGS
Chair Maddy explained the Planning Commission is comprised of residents of the City of
Shorewood who are serving as volunteers on the Commission. The Commissioners are
appointed by the City Council. The Commission’s role is to help the City Council in
determining zoning and planning issues. One of the Commission’s responsibilities is to
hold public hearings and to help develop the factual record for an application and to make
a non-binding recommendation to the City Council. The recommendation is advisory only.
A. PUBLIC HEARING – CUP for fill in excess of 100 cubic yards and variances
to impervious surface coverage and building height
Applicant: Tod and Bonnie Carpenter
Location: 26050 Birch Bluff Road
Planning Director Darling explained that the applicant would like to remove the existing home and
construct a new home at 26050 Birch Bluff Road and are requesting a CUP to import 500 cubic
yards of fill; a variance to allow the house to be 40.6 feet in height; and a variance to allow 25.74
percent impervious surface coverage. The existing home was constructed in 1973 as part of the
Birch Bluff Upper Minnetonka subdivision that was recorded in 1881. The adjacent properties are
all developed with single family homes and are zoned R-1C. This property has floodplain, tree
preservation and is included in the Shoreland District. She noted that she had included all the
pertinent Zoning Ordinance sections in the packet as well as the applicant’s narrative and their
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 1, 2021
Page 2 of 12
plans. She explained that the applicants have proposed a design which includes a main floor
master suite, which widened their design and increased the impervious surface coverage on the
property. There have been some changes to the design this they initially submitted their
application and have reduced the amount of proposed impervious surface to 25.74, which is still
a bit over the allowed amount. She reviewed details of the requests and the criteria that the
Planning Commission should use in considering the requests. Staff recommends approval
subject to the conditions included in the staff report. The City received four letters regarding this
application which are now part of the public record, one was included with the staff report, and
the others were distributed today. The letters are from the following:
Michael and Susan Newberg, 26045 Birch Bluff Road
Veronica and Michael Grover, 26020 Birch Bluff Road
Bonnie McFee and Jim Prokopanko, 25990 Birch Bluff Road
Bonnie and Gianfranco Cuneo, potential owners of 26050 Birch Bluff Road
Commissioner Gault asked about the lower-level floor plan that says the typical ceiling height is
9 feet 4.5 inches and asked if that included the sport court.
Planning Director Darling stated that she believes the sport court has closer to a 12-foot ceiling,
but noted that the applicant can clarify that point.
Commissioner Gault noted that he had driven by this property earlier today and the existing
driveway looks as though it is providing natural drainage from the south across Birch Bluff Road
which was a concern raised in one of the letters. He asked how confident the City was that the
holding tank would replace that natural drainage.
Planning Director Darling stated that there will also be some drain tile that runs underneath Birch
Bluff Road from the property to the south extending north to the Lake between the subject property
and the property to the west. The neighbor has attested that the pipes are older and with the
City’s reconstruction of Birch Bluff Road, the drain tile would be replaced.
Chair Maddy asked if it was City owned or privately owned drain tile.
Planning Director Darling noted that they believe this one is for City maintenance and public drain
tile.
Commissioner Eggenberger asked about the fill being brought in and whether it will affect the
height of the home.
Planning Director Darling stated that without the fill, they would not be able to do the sport court
underneath the garage.
Commissioner Gault asked about the sunlight analysis and noted that it appears that a significant
increase in height of the home is simply a steeper pitch on the roof. He stated that he understands
the aesthetics, but does not feel that is a reason to create a variance if it is only for that reason.
Planning Director Darling stated that the question could be deferred to the applicant, She stated
that her understanding that the graphics submitted were for illustration purposes only. She stated
that the architect is also present on the meeting and can explain the designs in greater detail.
Commissioner Huskins stated that the staff report that the plans were that at least 13 trees on the
property would be removed and asked if there is a more specific number that could be provided.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 1, 2021
Page 3 of 12
Planning Director Darling stated that number was the best she could decipher based on the survey
and noted that they have not yet identified the trees that will be removed in the tree inventory.
Commissioner Huskins stated that he would like this specific information from the applicant.
Tod Carpenter introduced his wife, Bonnie, their architect Peter Eskuche, their contractor, Kyle
Hunt, and their project manager Brent Stevens. Mr. Carpenter stated that they moved to
Minnesota in 1996 and all of their children have graduated from Minnesota schools. He stated
that they have lived in Eden Prairie for 25 years and as they look forward to retirement years, this
area of Shorewood really appealed to them. He stated that they would like to have a larger home
on the lake in order to host their grandchildren and other family gatherings.
Peter Eskuche referenced the memo in the packet that describes the previous building height
definition versus the new definition.
Commissioner Gault asked about the height of the home from the street side.
Mr. Eskuche stated that the height from the driveway to the peak of the garage is 29 feet and to
the ridge of the home from the driveway is 36.5 feet.
Chair Maddy clarified that this is a property where the back side of the property drops off which
makes the home have to be taller, but it appears that it would actually be well under 35 feet from
the street level.
Mr. Eskuche stated that this was correct and referenced a house nearby that they designed in
2006 that is within 2 feet of this proposed home, however the grade drop from east to west
between the two properties is over 30 feet. He stated that the grade at the front door has the
measurement at 36 feet 2 inches. When the code changed, the wording changed from ‘average’
to ‘lowest’ and explained that before that language change, the house would have been
conforming.
Planning Director Darling stated that there was no change to the way the City measured height
based on the change to the definitions.
Chair Maddy stated that he can remember years ago there was a clarification of what height was
referenced by but nothing has been done in the last few years.
Planning Director Darling stated that what was done in January was clean up the language so it
no longer referenced average land grade since that was previously defined as the lowest land
grade. She clarified that all that was changed with the last code amendment was to make the
definition include exactly what the two definitions were trying to say.
Commissioner Gault asked if she was saying that it has always been measured from the lowest
point within 5 feet and not from any kind of average.
Planning Director Darling agreed that this was correct.
Mr. Eskuche stated that he and Kyle Hunt have both had other projects that have been approved
using the average land grade.
Commissioner Eggenberger stated that the average land grade was the lowest point of elevation.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 1, 2021
Page 4 of 12
Kyle Hunt stated that redefining average to mean lowest is part of the new language.
Planning Director Darling stated that as far back as she has worked in the City, the two definitions
for building height referred to the average land grade, which was defined as the lowest point of
elevation.
Commissioner Gault stated that the reason for the code change was to eliminate this type of
misunderstanding as to what the average land grade actually meant and was never applied as
the average and the measurement was always applied from the lowest point.
Chair Maddy asked if there has been a push in the marketplace to increase the ceiling heights
from 8 or 9 feet up to 10 or 11 feet.
Planning Director Darling stated that she has seen that.
Commissioner Gault stated that 9-foot ceiling on the lower and upper level and 10 feet on the
main floor. He stated that he can remember one of the developers from the Country Club project
told them that 10 feet ceilings in that price range is a more typical, desired height now.
Chair Maddy stated that that may be something the Commission wants to pay attention to when
there are parcels that drop off in the back on whether or not the code is working in the best interest
of those owners.
Commissioner Gault stated that he thinks the City’s concern should be what the neighborhood
looks like from the street, as opposed to what it looks like from the water. He stated that he would
like to see some modification done to the roof pitches to address some of the height issue.
Mr. Eskuche stated that the sport court is the same as the rest of the lower level and will have the
same ceiling height.
Chair Maddy opened the Public Hearing at 7:49 P.M. noting the procedures used in a Public
Hearing.
Jim Prokopanko, 25990 Birch Bluff Road, stated that he and his wife, Bonnie, McFee, live two
doors to the east and built their home in about 2006. He stated that they built their home without
requiring any exceptions to the building code which required making a lot of compromises. He
stated that this property is not naturally conducive to a walk-out. He explained that their main
concern is that this variance would be at risk of setting a precedent for other people asking for
exceptions. This request is unnatural and the applicants are asking to raise the property and the
roof line so they can accommodate a walk-out and a sport court. He stated that the other issue
is the hardcover issue and when they built, they also stayed within their hardcover requirements
which required compromises.
Mr. Carpenter stated that they are sorry and Jim and Bonnie have those concerns and explained
that the current home that they plan to tear down is actually a walk-out with two levels above it.
He explained that one of the reasons for their proposed ceiling height is that he is 6‘ 7“ tall and
they are a tall family. He stated that the new owners of the home to the west of Jim and Bonnie
just submitted a letter in support of their design plans. He stated that he feels what they are
asking for is very reasonable for his family and is not extreme. He stated that there are a few
variances, but they are all very minimal and would ask for the support of the Planning Commission
in order to move forward.
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Mr. Prokopanko, suspects that if the new owners of the home to his west are supporting these
variance requests, they will probably also ask for variances when they construct their home. He
stated that he would like to know that building codes will not be willy-nilly and have variances for
reasons that can be avoided.
Chair Maddy noted that what the new neighbors ‘might’ do is not in the scope of tonight’s
conversation and asked that the discussion remain around the topic at hand.
Kyle Hunt, 18324 Minnetonka Boulevard, Deephaven, stated that they are the general contractor
for the project. He stated that he would like to point out that they have built a number of homes
in the City, for example 5580 Woodside Lane, that would not meet the current interpretation of
building height that was modified in January. He stated that they also built a home at 28050
Woodside Road and 28180 Woodside Road all within the last 10 years and how the building
height was being interpreted is not the same as what was being interpreted in January of 2021.
He stated that he is not trying to say anything against Planning Director Darling, but those projects
do not and would not meet the criteria that is being imposed on them as of January 2021. He
stated that if that was how it was determined, Joe Pazandak would never have given them a
building permit. He stated that there are probably other examples of homes that they have built
in the City. He stated that the interpretation is different now than what it was and questioned
whether Mr. Prokopanko’s home could have been constructed today without variances. He stated
that they are not trying to bend the rules or get away with something. He stated the way this is
now being interpreted will essentially cut off about half of the architectural styles that are available.
He stated that he has begun a conversation with Councilmember Johnson because he thinks
something has gone astray and this issue needs to be picked back up because the math doesn’t
work.
Commissioner Gault stated that they can start with the math and noted that per the architect the
roof peak is over 36 feet from the driveway which means at its highest ground level elevation, this
home exceeds the building code. He stated that he thinks even if they used the average
calculation it would still be over the building code height limit of 35 feet.
Mr. Eskuche stated that was incorrect and Commissioner Gault had asked him the measurement
to the top of the roof which is not how the building height code is used, and is instead to the
midpoint.
Chair Maddy asked if Planning Director Darling had run these calculations already.
Planning Director Darling stated that she had not run them from every different side of the home,
but the building height has always been the average between peak and eve on the highest roof
plain and then down to the lowest point of grade within 5 feet. She stated that what the applicant
is arguing about is not the average between the peak and eve on roof portion because that is
something that was clearly written in the past ordinance. Their concern is that the rules were
measured from the average grade around the base of the structure rather than the lowest grade
which is the way the code read.
There being no additional comments, Chair Maddy closed the Public Testimony portion of the
Public Hearing at 8:03 P.M.
Commissioner Eggenberger stated that even if the old definition is used, it is moot because that
is not what the building height measurement is today. This variance request is coming to the
Commission today, not 6 months ago and codes do change from time to time and the City
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JUNE 1, 2021
Page 6 of 12
proceeds with the new code. He stated that it does not matter what the code was 6 months ago.
He stated that this is new construction and there can be some design changes made in order to
make it fit code.
Chair Maddy stated that he would echo that point and noted that, in his opinion, the fact that they
are asking for 25.74% impervious is incompetence on the part of the architect and feels they
should just follow the code. He stated that he does think there is an interesting argument for the
variance request because of the way it is laid out on the lot.
Commissioner Gault stated that he wasn’t too concerned about the impervious surface because
he thinks all that will entail is removing a few of the pavers that are leading to the walkway. He
stated that after driving by the lot he is concerned that this lot on the lake is being significantly
elevated from where it stands today. He asked if the brown house in the east side of the property
was the existing structure.
Planning Director Darling stated that is the existing structure and it has not been demolished yet.
Commissioner Gault stated that he agrees with Commissioner Eggenberger, even though he
understands the floor heights and does not have an issue with that. He stated that he is
concerned that the design has not been analyzed enough to come up with an aesthetically
pleasing design that meets the needs of the property owners and also falls within the code.
Commissioner Huskins asked what is necessitating the vault for water collection and would also
like to know about the trees that will be coming down. He stated that the staff report describes it
as ‘at least 13’, he doesn’t know if that means 25 or 30 trees and would like more specific
information from their tree preservation plan and the need for a vault.
Planning Director Darling stated that per the tree preservation policy, they do have to replant on
the site and there is a formula for a certain number of trees per tree inches up to 8 per acre and
this is a .5-acre property, which is 4 trees. She stated that they are welcome to plant more trees
than are required. She explained that the vault is required because when you increase impervious
surface 5,000 square feet or more, the City requires that they provide some means of providing
rate control. In asking for a variance, the code, similar to commercial properties, then they need
to start providing volume control and also treatment. She explained that the vault is an excellent
means of providing both rate and volume control and the infiltration helps the treatment aspect of
it. They could also provide a rain garden, which would require a maintenance agreement to
provide the rate and volume control or the vault and reiterated that the vaults work really well,
especially when there is quite a bit of impervious surface coverage.
Commissioner Huskins asked if this was all predicating on water that would originate from the
property.
Planning Director Darling confirmed that this was correct.
Commissioner Huskins stated that it is not taking into account any other water that may be from
other properties.
Planning Director Darling stated that it would not but noted that it is allowed to pass through the
property without any kind of treatment.
Chair Maddy asked the applicants to comment on how many trees they believe will need to be
taken down.
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Mr. Carpenter stated that they will be taking down 10-15 trees and are happy to put back more
than the 4 that are required.
Commissioner Huskins asked about the plan for bringing dirt onto the property. He stated that
the note from the applicant stated that street maintenance or cleaning would be done daily, if
needed. He stated that he believes the staff report indicated that it will be done daily, which is
easier to interpret and understand and has no ambiguity. He asked what the applicant intended
with the language ‘if needed’.
Planning Director Darling explained that it would be each day, during the grading and filling
operation, when the streets are likely to be the dirtiest. She stated that after the ground and the
majority of the grading is finished and they are working on other aspects of construction, they
would not have to sweep the streets as often.
Commissioner Huskins stated that he thinks that language should be tightened up.
Commissioner Gault asked how the fill will be brought in.
Chair Maddy noted that 500 cubic yards would be the equivalent of about 40 truckloads and they
will be utilizing Eureka Road.
Planning Director Darling stated that it may not be 40 truckloads because it will depend on the
size of the truck.
Chair Maddy stated that he is not concerned about hauling the fill. He reminded the Commission
that staff is recommending approval with the 7 conditions listed in the staff report.
Maddy moved, to recommend approval of the CUP request for fill in excess of 100 cubic
yards and variances to impervious surface coverage and building height for Tod and
Bonnie Carpenter for property located at 26050 Birch Bluff Road, subject to the 7
conditions noted in the staff report.
Motion died for lack of a second.
Commissioner Gault stated that he has concerns about the design and is bothered by the fact
that this was basically designed with the intent of getting a variance. He stated that he would
prefer to see the house designed and kept within code requirements. He stated that he doesn’t
have an issue with the fill other than the potential for a drainage issue. He also doesn’t care about
the increase in impervious surface variance request.
Eggenberger moved, Gault seconded, to recommend approval of the CUP request for fill
in excess of 100 cubic yards and variance to impervious surface coverage, but deny the
variance request for building height for Tod and Bonnie Carpenter for property located at
26050 Birch Bluff Road, subject to the 7 conditions noted in the staff report. Roll Call Vote
– ayes – all. Motion passed 4/0.
Planning Director Darling stated that this item will come before the City Council on June 28, 2021.
B. PUBLIC HEARING – Sign Ordinance Amendments
Applicant: City of Shorewood
Location: Citywide
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JUNE 1, 2021
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Planning Director Darling stated that this is a request for text amendments related to political
signage. She stated that the Commission had discussed this at their April meeting and gave
specific directions on changes that are reflected in the draft ordinance being presented. She gave
a brief overview of the recommended amendments.
Commissioner Eggenberger stated that the letter from Pam McDonald talks about many places
in the City that have a drop-off or ditch close to the road that would prohibit placing any campaign
sign at least 10 feet away from the road. He stated that he knows that is tough for some people,
but thinks a 10 feet distance is fine and doesn’t know how the city would make an exception for a
ditch or a drop-off.
Commissioner Huskins asked if there was a height limitation to the sign and asked if the sign
were placed in a drop-off, could they just use a taller stake so the sign would still be visible.
Commissioner Eggenberger questioned how the City could actually define ‘drop-off’.
Planning Director Darling explained that there are height restrictions outside of the election period
but not during the election period.
The Commission discussed various remedies to the problem of having a ditch and still being able
to display signs.
Chair Maddy opened the Public Hearing at 8:27 P.M. noting the procedures used in a Public
Hearing.
There being no public comment, Chair Maddy closed the Public Testimony portion of the Public
Hearing at 8:27 P.M.
The Commission discussed some language tweaks to make things more clear and eliminate
loopholes and make it clear that it is election related signage.
Huskins moved, recommending approval of the Sign Ordinance Amendments, as amended
by staff so it is all election related.
Planning Director Darling asked if he meant to exclude non-commercial signage.
Commissioner Gault suggested that the Commission defer making a recommendation on these
amendments until the next meeting because he doesn’t want to recommend approval of
something that he has not seen and would like to see the final wording.
There was consensus among the Commission to wait to make a recommendation until
they see the final draft.
Commissioner Huskins withdrew his motion.
Gault moved, Huskins seconded, tabling approval of the Sign Ordinance Amendments
until the next Commission meeting. Roll Call Vote – ayes – all. Motion carried 4/0.
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JUNE 1, 2021
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5. NEW BUSINESS
A. Variance to Front Yard Setback
Applicants: Justin Robinette
Location: 4530 Enchanted Point
Planning Technician Notermann explained that this request is for a variance request to construct
an enclosed entryway and porch that would be 22.5 feet from the property line that abuts the
public right of way and the required setback is 35 feet. She stated that based on the definition
makes Enchanted Lane the front yard even though it is an unimproved right-of-way. The existing
home was constructed in 1980 and is 29.1 feet from the front yard line making it a legally non-
conforming structure. Staff reviewed the request according to the criteria and recommend
approval.
Chair Maddy asked if the front of the parcel is against Enchanted Lane or Enchanted Point.
Planning Technician Notermann stated that the front yard line is against Enchanted Lane on the
west side and Enchanted Point runs along the south side.
Chair Maddy stated that he thought the driveway entrance to the lot dictated what was considered
the front of the parcel.
Planning Technician Notermann reviewed the definition for lot line-front according to the code that
states, “The front of a lot shall be, for purpose of complying with this chapter, the boundary having
the least width abutting a public right-of-way or private street.
Chair Maddy gave the opportunity for public input.
Justin Robinette, 4530 Enchanted Point, explained that their primary purpose for this addition is
to add a foyer to improve the access and safety of the entrance point. He stated that they feel it
is consistent with the neighborhood and add curb appeal. He stated that they also plan to redo a
high standing deck that will also make the entry point safer.
Commissioner Eggenberger asked about the staircase coming down from the door and whether
it meets code.
Mr. Robinette’s builder confirmed that the staircase will meet code requirements.
Gault moved, Huskins seconded, to recommend approval of the Variance to Front Yard
Setback for property located at 4530 Enchanted Point, with the condition as presented in
the staff report. Roll Call Vote: Ayes – all. Motion carried 4/0.
B. Variance for Detached Garage Height
Applicant: Kuhl Design Build
Location: 28110 Woodside Road
Planning Technician Notermann explained that the variance request for a detached garage height
would have the structure at 20.7 feet and be considered a two-story structure because the zoning
regulations limit detached accessory structures for 15 feet. She explained that the second story
is accessible with a pull-down ladder, but staff views it as a second floor because the ceiling height
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JUNE 1, 2021
Page 10 of 12
is 9.9 feet. She noted that the existing home was constructed in 1910 and the proposed design
and slope is consistent with the general character of the house. The applicant also has stated
that the topography of the area will obscure the height of the structure. Staff has reviewed the
criteria and recommends denial of the variance request.
Chair Maddy gave the opportunity for public input.
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Dan Murphy with Kuhl Design Build, 1515 5 Street S, Hopkins, stated that they are basically
replacing the existing garage with a larger garage and matching the pitch of the home. He stated
that they are not making a second story out of it because there are no windows or accessibility to
it other than a pull-down ladder. He stated that something that he neglected to include in the
practical difficulties was that there is no basement under the house other than a 10 x 10
mechanical room. He stated that by having the pull-down ladder it creates the ability for storage
in the garage. He stated that if this were attached to the structure which would take away the
charm of the lot, they would not need a variance, but he thinks that would diminish the appearance
in the neighborhood and for the house.
Mike Giebenhain, the property owner, stated that one other point is that by attaching the structure,
it would increase the hardscape of the property which would be unnecessary and would also
require taking down more trees.
Mr. Murphy noted that nothing will be affected by the height of the structure. No site lines to the
lake or neighbors will be blocked because the structure sits in a bit of a valley. He agreed that
the goal is to not alter the landscape or the tree cover but keep as much as possible.
Commissioner Gault asked if the new garage was to be built on the same footprint as the existing
garage.
Mr. Murphy stated that there is some additional footprint, but it has been designed so it will cut
into the driveway space and is still well below the requirements.
Chair Maddy gave the opportunity for public input. There was no input.
Commissioner Huskins asked about he distance between the house and the garage.
Mr. Giebenhain stated that he thinks it is around 40-50 feet.
Commissioner Huskins questioned whether the pitch of the roof matching the home would to the
casual observer if the building is separated by a great distance.
Mr. Murphy stated that it is a historic house, so, in his opinion, the pitch matching does matter.
This is a very unique structure to the area as well as historically. He stated that there are
accoutrements that go along with it, such as cantilevers and the detailing above the doors that
would not work if the roof pitch was lower.
There was discussion about the various roof line, slope options, storage space height, possible
building design options that would not need a variance.
Chair Maddy stated that he is wondering if the City needs to look at the 15-foot height requirement
for this type of structure. He stated that this request does not seem unreasonable especially be
cause if it were attached to the home a variance would not be needed.
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JUNE 1, 2021
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Commissioner Gault stated that he likes this design, but is hesitant about voting in approval of it
just because of his stance on the earlier request for a height variation on Birch Bluff.
Mr. Murphy stated that one of the bigger differences between this project and the one on Birch
Bluff is the fact that this project does not bring in any fill to change the landscape to make the
height an issue or doing anything to manipulate the property to cause the structure to do higher.
He stated that if this whole space was trusses and had no storage space, a variance would still
be needed because of the design. He stated that in his opinion the fact that there is storage
space is a moot point.
Eggenberger moved, Gault seconded, to recommend approval of the Variance for
Detached Garage Height for property located at 28110 Woodside Road, with the conditions
as presented in the staff report. Roll Call Vote: Ayes – all. Motion carried 4/0.
Commissioner Eggenberger asked if the Commission should take a look at the rules for detached
structures.
Chair Maddy asked for Planning Director Darling’s opinion on the height restrictions for detached
accessory structures.
Planning Director Darling stated that the City has about the same restrictions as other cities.
Commissioner Gault asked if it changed things if there were living quarters located above the
garage.
Planning Director Darling explained that it would be a non-conforming use because the City
doesn’t allow living quarters above a detached garage.
Commissioner Gault asked if the City allows for secondary residences on a property.
Planning Director Darling stated that they do allow an accessory dwelling unit, but it has to be
attached to the main home.
Commissioner Gault stated that he thinks this issue deserves some further discussion.
Commissioner Huskins stated that he struggled with his vote on this issue because of conflating
the need for storage with the need for preserving a unique architectural design. He stated that
preserving the design, in his opinion, is a much stronger argument than the need for the storage
space.
6. OTHER BUSINESS
7. REPORTS
• Council Meeting
Council Liaison Callies reported on matters considered and actions taken during the recent
Council meeting (as detailed in the minutes for that meeting). She noted that the Council Liaison
for the remainder of the year will be Councilmember Gorham.
• Draft Next Meeting Agenda
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JUNE 1, 2021
Page 12 of 12
Planning Director Darling stated for the next meeting, the Commission will look at the Sign
Ordinance related to political signage, a lot line adjustment, a variance request for a side yard
setback, and a CUP for fence.
Commissioner Gault asked what was in the existing regulations related to cannabis dispensaries.
He asked if it would fall under tobacco shops or have its own designation.
Council Liaison Callies stated that it has not been discussed since she has been on the Council
but knows that other cities have expressed concern about manufacturing operations.
Commissioner Gault suggested that the City take some time to put some thought into this issue
so they are ahead of it rather than behind it.
Planning Director Darling stated that currently the City prohibits cannabis dispensaries, but
depending on State regulations, that may change. She also noted that the State has also been
looking at changing PUDs so you cannot take aesthetics into consideration.
8. ADJOURNMENT
Gault moved, Huskins seconded, adjourning the Planning Commission Meeting of June 1,
2021, at 9:29 P.M. Roll Call Vote: Ayes – all. Motion passed 4/0.
RESOLUTION 21-069
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR
PROPERTY LOCATED AT 4530 ENCHANTED POINT
WHEREAS, Justin Robinette, (the “Applicant”) proposes encroachments beyond the current
footprint of the home on property legally described as:
That part of Lots 1, 2, 3, Block 3, Enchanted Park, Lake Minnetonka, Minn., and that part
of Lot 17, Auditor's Subdivision No. 354, lying Westerly of the following described line:
Commencing at the most Southerly corner of said Lot 2; thence Southerly along the
Easterly line of said Lot 1 to the most Southerly corner thereof, said corner being the
actual point of beginning of the line to be described; thence Northerly deflecting to the
right at an angle of 163 degrees 27 minutes a distance of 163.6 feet; thence
Northeasterly deflecting to the right 42 degrees 17 minutes a distance of 69.74 feet;
thence Northerly deflecting to the left 20 degrees 58 minutes a distance of 66.45 feet to
the Northwesterly line of Lot 15, Auditor's Subdivision Number 354, Hennepin County,
Minnesota; thence Northeasterly along the Northwesterly line of said Lot 15 to the most
Northerly corner thereof and there terminating; except that part of said Lot 3 described
as follows: Beginning at the most Northerly corner of said Lot 3; thence Southeasterly
along the Northeasterly line of said Lot, a distance of 73.32 feet; thence Northwesterly to
a point on the Westerly line of Lot 3, 13 feet South of the most Northerly corner thereof;
thence Northerly along the Westerly line of said Lot 3 a distance of 13 feet to the point of
beginning; and except that part of Lot 17, in Auditor's Subdivision Number 354,
Hennepin County, Minnesota, lying Northwesterly of the following described line:
Commencing at the most Northerly corner of Lot 3, Block 3, Enchanted Park, Lake
Minnetonka, Minn., thence Southeasterly along the Northerly line of Lot 3, a distance of
73.32 feet to the point of beginning of the line to be described; thence Northerly a
distance of 118.01 feet to a point on the Northeasterly line of Lot 13, Auditor's
Subdivision Number 354, Hennepin County, Minnesota, distant 37 1/2 feet Northwesterly
along said Northeasterly Lot line from the most Easterly corner of said Lot 13 and there
terminating, according to the recorded plat thereof on file and of record in the office of
the County Recorder, in and for Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow an enclosed entry and porch
addition to be 22.5 feet from the front property line 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 June 1, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on June 1, 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
June 28, 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 35 feet from the front property line.
2. The existing home was constructed in 1980, prior to modern zoning regulations and prior
to the adoption of shoreland district regulations.
3. The existing home is considered legally non-conforming and is currently located at 29.1
feet to the front property line.
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 April 19, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct an enclosed entry and porch addition to be 22.5
feet from the front yard setback, based on the plans and materials submitted April 19, 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 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.
D. The City Clerk is hereby authorized and directed to provide a certified copy of this
resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
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this 28 day of June, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
RESOLUTION 21-070
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE DETACHED ACCESSORY
STRUCTURE HEIGHT LIMITIATION FOR PROPERTY LOCATED AT 28110
WOODSIDE ROAD
WHEREAS, Kuhl Design Build, (the “Applicant”) proposes a variance to the height of a
proposed detached accessory structure on property legally described as:
Tract C, REGISTERED LAND SURVEY NO. 757, Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow a detached accessory structure to
be 20.7 feet tall and two stories, where 15 feet or one story is the maximum allowed height; and
WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the June 1, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on June 1, 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
June 28, 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 detached
accessory structures to be 15 feet or one story tall.
2. Section 1201. Subd. 7 of the zoning regulations requires that all detached accessory
buildings in excess of 150 square feet in floor area that are accessory to residential dwelling
units shall be constructed with materials and a design compatible with the general character of
the principal structure on the lot.
3. The principal structure on the property is a house was constructed in 1910 and has a hip
roof design.
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 April 21, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a detached accessory structure to be 20.7 feet tall
and two stories, based on the plans and materials submitted April 21, 2021, subject to the
conditions listed below.
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 matching the design of the detached accessory structure to the
design of the original construction 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 Applicant’s request is approved subject to the following conditions:
1) The applicant acquire all building permits prior to beginning the project.
2) Prior to the issuance of permits, the Applicant shall submit revised plans showing a
design with a hip roof to be consistent with the design of the house.
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 28 day of June, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
#7D
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: CUP for fill in excess of 100 cubic yards and Variances to Height and
Impervious Surface Coverage
Location: 26050 Birch Bluff Road
Applicant: Tod and Bonnie Carpenter
Meeting Date: June 28, 2021
Prepared by: Marie Darling, Planning Director
Review Deadline: September 11, 2021
Attachments: Planning Memorandum from the June 1, 2021 Meeting
Correspondence Received
Resolution Approving a CUP and variance to impervious surface coverage
Background: See attached planning memorandum for detailed background on this request.
At the June 1, 2021 meeting, the Planning Commission voted unanimously to recommend
approval of the CUP for fill and the variance for impervious surface coverage and denial of the
variance to height, subject to the conditions listed in the staff report and the Engineer’s memo.
In addition to the applicant, a neighbor spoke in opposition to the application and four letters
were received (attached). The primary discussion points are summarized and addressed
below.
Drainage
One resident’s letter raised a concern with a drain tile line that runs under Birch Bluff and
allows stormwater to pass from the south side of Birch Bluff to Lake Minnetonka. The
Engineer’s memo includes a condition that the applicant must protect this drain tile during
construction. The City Engineer also indicates that this drain tile line will be replaced during
the Birch Bluff Road street reconstruction project planned for next year.
Variance to Height
During the meeting, a resident commented that they were concerned that the applicant’s
home would be given a variance and they designed theirs to meet code. The Planning
Commission discussed the issue and ultimately decided to recommend denial of the height
variance. After the meeting, the applicants worked with their architect to revise the house
design so that it meets the building height definition in the zoning regulations and have
withdrawn their request for a variance to height. The resolution has been drafted to address
only the conditional use permit for fill and the impervious surface coverage variance.
Inconsistent Application of Zoning Regulations
At the meeting, the applicants’ contractor and architect indicated that the city has not enforced
the building height definition as written in either the previous zoning regulations or the recent
code amendment adopted by Ordinance 575. They stated that previous staff has consistently
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\\26050 Birch Bluff Road - Variance and CUP\\CAF Memo.docx
allowed homes to be built based on the average grade instead of the lowest grade, which
would allow five additional feet of height for the homes. This affects homes with walkout
basements are greater than other basement types. They listed five properties as examples.
Staff reviewed the permits submitted for each of those homes and two additional new
construction permits on Manor Road to compare compliance. Staff found that six of the seven
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homes met the definition and the 7 home was within approximately three inches of
compliance. Previous staff may have interpreted the highest gable differently to produce a
slightly lower height. The research was not field verified.
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 CUP and variance to impervious surface coverage.
Proposed motion: Move to adopt the attached resolution approving a conditional use permit
for fill and a variance to impervious surface coverage for Tod and Bonnie Carpenter at 26050
Birch Bluff Road 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 finalize their revised
plans to meet the building height requirement and the other conditions in the attached
resolution and submit a building permit application.
Definitions Pertaining to Building Height
From Chapter 1201.02 of City code
Previous Definitions for Height:
BUILDING HEIGHT. A distance to be measured from the average land grade to the top of a flat
roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip
roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types.
GRADE (AVERAGE LAND GRADE). The lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the structure and the property line or when
the property line is more than five feet from the building, between the building and a line five feet
from the building.
New definition of Height:
BUILDING HEIGHT. A distance to be measured from the lowest land grade to the top of a flat
roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip
roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types.
The lowest land grade shall mean the lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the structure and the property line or
when the property line is more than five feet from the building, between the building and a line
five feet from the building.
April 17, 2021
Dear Mayor, City Council, City Planner and Planning Commission of Shorewood:
We, Tod and Bonnie Carpenter, are the new owners of the property located at 26050 Birch
Bluff Road, Shorewood, Minnesota 55331. We respectfully request a variance to the
hardcover allowance on our property for 1.84% or 395.5 square feet - our proposed rain-
water runoff mitigation/infiltration system reduces our effective hardcover to 7.09%,
significantly lower than the requisite 25%, as shown on the supporting documents. Also,
due to the recent clarification in height restrictions, we are requesting to be held to the
interpreted standard that was in place on December 29, 2020 upon purchase of the lot
and January 12, 2021 - met on site w/KHP along with Peter Eskuche, and subsequent
design commencement with Eskuche Design Group.
Current situation
We have been Minnesota residents for the past 27 years. We are both in our early 60's and are
planning our retirement years. We have3 children and 4 grandchildren- 3 boys and 1princess -
and one on the way (boy) We are a tall family. I am 6'7" and my wife 5'10" with 2 of 3 children
6'2 or taller, including our daughter, and so far, 2 of our grandchildren projected to be at least
6'9". With a tall and continuing to grow family, we decided a larger space would help family
gatherings and enhance our retired years. Grandchildren and a lake experience appeal to us.
After looking at several homes for sale we concluded we would like to build rather than buy an
existing home and that Shorewood's expansive lake views and all the city offered were our
preferred choice. In short, we decided to build our dream and ultimately "toe tag" home in
Shorewood on Lake Minnetonka. We entered contract to buy the property in December 2020
and became owners in February 2021. We look forward to gatherings with friends, but mostly,
with our family.
Important question responses
1) The variance, and its resulting construction and use, is consistent with the
intent of the comprehensive plan and in harmony with the general purposes
and intent of the zoning regulations.
We are not seeking excessive permissions outside the normal expectations around
construction and use of a lakeside single-family residence. What we aim to
accomplish is very much in harmony with the intent of the zoning regulations.
2) Practical difficulties:
(a) Hardcover: Like most of us, as we age into and through our retirement years, we
want to go about our day-to-day living on a single level of our home while
providing space for visiting family, friends and guests. Having our master
bedroom suite on the main level along with our intended entertaining spaces is
part of this design. This one-level living has caused the footprint to expand
outside the maximum allowable hardcover limits on this narrow lot. The water
run-off mitigation system we have proposed brings the effective hardcover to
7.09%, well below the maximum allowed. All of our proposed uses are
reasonable and within normal expectations of a lake front property. All set-backs
will be complied with.
(b) Height: As we searched for a property that would afford us the lifestyle we
desired as we enter and age through our retirement years, we decided upon this
lot and the possibilities it presented. We purchased the lot and designed the
home to meet our desired current and future lifestyle. As we worked with our
Architect to design our dream home, it was discovered that a zoning rule
defining the point at which the overall building height is measured from was
This resulted in our newly designed home being
modified January 7, 2021.) This has a dramatic negative impact on the design
we have developed, which was within the presumed allowed maximums given
aware of this recent clarification. If this had been known, we may have chosen a
different lot on which to build.
As I previously noted, we have a tall family, the design takes that into
consideration, we have 9' ceilings in the Lower Level, 10'-6" ceilings on the main
level and 9' ceilings with sloping ceilings in the dormered areas, a living in the
roof effect. We have also designed an architecturally congruent design that is
traditional in nature and patterns itself into a practical shingle style lake home.
The way in which the newly revised height restriction reads would preclude us
from having much of a sloped roof, which takes away all the character and
aesthetically correct scale and form that a shingle style home would normally
portray. When one calculates the 3 levels of design as I have noted above along
with the idea of adding a ceiling to floor dimension between floors of 2' you end
up at 32.5 feet in height and we do not have a roof on the home yet. It is our
belief that the intention of the ordinance was not to cause nearly flat roofed
homes or homes to not be able to accomplish a walk-out Lower Level unless one
has a flat roof. We hope that the practical understanding of the function and the
architectural form would be allowed to play out to cause the home to be used as
intended inside with ceilings that make sense for the occupants and for the
design to be able to play out in the beauty of the style we and our architect have
chosen to pursue. We hope that you agree that what we are doing is not outside
of the norm.
(c) None of our proposed variances will have any negative effect on our neighbors,
the surrounding area or the general public. Our proposed new home will
beautify and enhance the aesthetics and value of our neighborhood.
3) The variance would not be based exclusively on economic considerations:
Our requested variances are not at all economically based. Our only basis for these
requests is to accommodate our intended current and future use and lifestyle.
4) The variance shall not impair an adequate supply of light and air to adjacent
property, unreasonably increase the congestion on the public street or
increase the danger of fire or endanger the public safety.
Our requested variances will have no negative impact on our neighbors, the City of
Shorewood or the general public.
5) The variance, and its resulting construction project, would not be detrimental
to the public welfare, nor would it be injurious to other lands or
improvements in the neighborhood.
Our requested variances will have no negative impact on our neighbors, the City of
Shorewood or the general public.
6) The variance is the minimum variance necessary to address or alleviate the
practical difficulties.
Our requested variances do not exceed that which is necessary to accommodate our
desired current and future lifestyle and is only what is needed to alleviate the
practical difficulties as outline above.
We appreciate your attention and consideration to our variance request. We hope our
explanation and request meets your approval and is subsequently granted authority to
proceed.
Respectfully submitted,
Tod Carpenter
April 20, 2021, Revised May 11, 2021
Conditional Use Permit, Narrative
Re: 26050 Birch Bluff Road, Shorewood
The construction of the new home at 26050 Birch Bluff Road requires that we import approximately 500
cu. yds. of fill, in excess of the 100 cubic yards stipulated in City of Shorewood Regulation 1201.03, Sub d
8 (a) Land Reclamation.
All excavation and fill activities will comply with City of Shorewood Regulation 1201.26 Sub d 7 (b)
Shoreland Alteration; Grading and Filling.
The proposed fill is necessary to provide adequate foundational strata upon which to construct the new
home. This fill will provide enough level ground to facilitate the proper construction of a safe, accessible
driveway and a flat building pad. The fill also allows us to more closely comply with newly altered building
height restrictions and helps to mitigate a depression that would be formed between our driveway and
the driveway/parking area of our neighbor to the east.
1. Our proposed use is consistent with all policies and provisions.
2. Our proposed use will not depreciate or in any way negatively impact the surrounding area.
3. Our proposed use will have no negative impact upon any City of Shorewood capacities or
services.
4. Our proposed use will have no negative impact upon any general public welfare or safety.
5. Our proposed use will be compliant with all applicable City of Shorewood codes, regulations and
ordinances.
6. Our proposed fill and grade operation will take approximately two to three days.
7. Our haul-route (highlighted illustration attached) will be Highway 7 to Eureka Road, North to
Smithtown Road, West to Eureka Road, North on Eureka Road to Birch Bluff Road, west to 26050
Birch Bluff Road. This route will be used in reverse for the return trips.
8. Dust control will be maintained by manual watering on-site as needed. Streets will also be
cleaned as needed at the end of day of fill and grade operations.
Thank You,
Kyle Hunt
RESOLUTION 21-071
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FILL IN EXCESS
OF 100 CUBIC YARDS AND A VARIANCE TO IMPERVIOUS SURFACE COVERAGE
FOR A NEW HOME FOR PROPERTY LOCATED AT 26050 BIRCH BLUFF ROAD
WHEREAS, Tod and Bonnie Carpenter, (the “Applicant”) are the owners of real property, legally
described as:
Lot 21, Birch Bluff Upper Minnetonka, Hennepin County, Minnesota; and
WHEREAS, the Applicant has applied for a CUP to allow 500 cubic yards of material to be
brought in where 100 cubic yards is permitted without a CUP and a variance to allow 25.74
impervious surface coverage where 25 percent is the maximum allowed; and
WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the June 1, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public hearing on June 1, 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
June 28, 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. Chapter 1201.03, Subd. 8 of the zoning regulations requires approval of a conditional
use permit for depositing 100 cubic yards or more of fill on any lot or parcel.
2. Chapter 1201.03, Subd. 2. u. of the zoning regulations allows a maximum of 25 percent
impervious surface coverage for all lots in the shoreland district.
3. The subject property is located in the R-1A/S zoning district.
4. All properties in the City of Shorewood are permitted to import more than 100 cubic
yards of fill to the property subject to the approval of a conditional use permit subject to the
standards in Chapter 1201.03, Subd. 8 and in Chapter 1201.04, Subd. 1. d.
5. 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.
6. 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.
7. The Applicant’s proposal is identified on the application materials and plans submitted
on April 20, 21, 2021 and May 12,13, and 14, 2021.
CONCLUSIONS
A. Based upon the foregoing, the Applicant’s plans to import 500 cubic yards of fill have
been considered in relation to the specific policies and provisions of the Comprehensive Plan
and the standards in the zoning regulations and found to be consistent, subject to the conditions
listed below.
B. The City Council specifically finds that the Applicant’s request for a variance to allow
25.74 percent impervious surface coverage is consistent with the variance criteria listed in the
zoning regulations as it specifically demonstrates practical difficulties in meeting the requirement
and that the amount of volume and rate control provided by the proposed stormwater vault
would not alter the essential character of the property or cause an impact on the other lands or
the public welfare, subject to the conditions listed below.
C. The Applicant’s request is approved subject to the following conditions:
1) Prior to construction the Applicant shall acquire all necessary permits for
construction.
2) Prior to the issuance of permits, the Applicant shall submit the following consistent
with the City Code and city policies:
a. Plans revised to be consistent with and any materials required by the City
Engineer’s memo dated May 24, 2021.
b. A revised survey that includes: i) the lowest floor elevation for the home at least
three feet above the OHWL of Lake Minnetonka; ii) any easement on the
property; iii) any storm sewer or drain tile on the property that crosses under
Birch Bluff Road; and iv) the removal of any retaining walls from the public right-
of-way or any drainage and utility easements along the side property lines.
c. A revised landscaping plan indicating trees to be removed and those to be
replanted.
d. An executed storm water management agreement.
e. A construction management plan addressing contractor parking, dust control,
street sweeping, hours of operation, the approved truck haul route and
references an erosion control plan.
f. A soils report from a licensed professional engineer that indicates the soils on the
site and compaction are suitable to support the construction fo the structures.
3) The Applicant shall protect the area where the vault is to be installed from
compaction during the delivery and initial grading of the site.
4) The Applicant shall restore all disturbed portions of the property with slopes no
steeper than 3:1.
5) The Applicant shall restore ground cover within seven days after grading is
completed.
6) During the initial delivery of fill and in dry periods, the exposed dirt shall be sprayed
with water to control dust.
7) The streets shall be cleaned daily during the initial delivery of fill and during the
grading operation and at a minimum of once per week or as needed during the
remainder of construction.
8) The truck route used to access the site shall be along Eureka Road between
Highway 7 and Birch Bluff Road.
D. The conditional use permit and variance shall expire one year after approval unless the
Applicant has completed/utilized the variance in construction or an extension has been
requested in accordance with Chapters 1201.04 Subd. 3 and 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
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this 28 day of June, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
#7E
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Walnut Grove Villas PUD Final Stage Plan and Final Plat
Applicant: Stoddard Companies (Senior Housing Ventures, Inc.)
Location: Vacant parcel north of Highway 7 between Eureka Road and Seamans Drive
Meeting Date: June 28, 2021
Prepared by: Marie Darling, Planning Director
Review Deadline: June 30, 2021
Attachments: Applicant’s Narratives
Engineer’s Memo
Development Agreement
Resolution approving a Final Plat
Background: Stoddard Companies has submitted their request for final plat for Walnut Grove Villas,
previously called The Villas at Shorewood Village.
Prior to recording the plat, the applicant would be required to revise their plans to be consistent with
City Code. The conditions are listed in the final plat resolution. Additionally, a development
agreement has been provided for Council review with the terms of the construction for the
subdivision, including financial guarantees and performance criteria.
The applicant’s request is very similar to the approved Concept/Development Stage Plan and
preliminary plat, with the following exceptions:
Subdivision Name: The applicant has revised the name of the subdivision to Walnut Grove Villas,
where it was previously known as The Villas of Shorewood Village.
Berms: The berms proposed along the south end of the plat along Highway 7 were removed so that
mature vegetation could be retained along the highway and enhanced with the proposed trees.
Model Home: The applicant has proposed to construct a model home prior to completion of the new
public street (Park Lane) and public utilities. Staff included an allowance for the model home
construction if the parking area for the contractors is constructed first, the lot grades are certified, and
the property monuments are installed for that lot.
Air Conditioners: The applicant has proposed to allow some air conditions (on cantilevered platforms)
to encroach into drainage and utility easements. Staff finds this acceptable and included a statement
in the development agreement that allows the encroachment as long as the platform is a minimum of
10 feet from any utility main in the easement and hold the city harmless for damage when crews are
working in the easements. This language is reflected in the development agreement.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\\Planning\\Planning Files\\Applications\\2021 Cases\\Walnut Grove Final plan and plan - Stoddard\\CAF Memo.docx
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The draft HOA documents are available to review on the City’s website with the June 28 meeting
agenda and listed under “more” documents.
The information on the voluntary donations is located in the applicant’s narrative and repeated in the
development agreement. The applicant is proposing two donations totaling $161,000 to 1) help
create affordable housing – which may include buying down the cost of dwellings in another
development to create an affordable home and 2) for a public improvement project of the Council’s
choosing in the area. Staff and the applicant have discussed various timings for the submission of the
donations and the applicant has proposed to submit a lump sum payment when the certificate of
occupancy is issued for the first home, subject to City Council approval and formal acceptance. Staff
finds this to be an acceptable timeframe.
Staff included an extension of the Plat approval to six months from the code required 30 days. Such
an extension is permitted on request and approval by the City Council. Staff finds that 30-day
deadline to record the final plat is not reasonable for any subdivision when trying to work with
multiple jurisdictions.
Financial or Budget Considerations: Developers are required to pay utility connection fees and park
dedication and pay for constructing the streets, stormwater facilities and other utilities. The
developer can request reimbursement of expenses to extend the watermain up to, but not over, the
total amount of connection fees collected. For this development, the proposed expenses ($154,514)
exceed the fees to be collected ($140,000). As a result, the developer is not required to pay a water
connection fee. Other fees are listed in the Development Contract.
Recommendation / Action Requested: Staff recommends approval of the request for a PUD final plan
and final plat for Walnut Grove Villas for Stoddard Companies on property located north of Highway 7
between Eureka Road and Seamans Drive, subject to the findings and conditions in the attached
resolution and the execution of the Development Agreement.
Action on this request requires a simple majority.
Next Steps and Timelines: Should the City Council approve this request; the applicant would need to
submit revised plans and complete the obligations outlined in the development agreement prior to
beginning work on the site.
MEMORANDUM
Date: June 15, 2021
To: Marie Darling, Planning Director
From: Andrew Budde, PE/Matt Bauman, PE
Subject: Walnut Grove Villas-Stoddard Companies-Final Plat Review 2
City of Shorewood
Project No.: C16.121661
The following documents were submitted for review of compliance with the City of Shorewood’s Local
Surface Water Management Plan and Engineering Standards:
Shorewood PUD Final Plat Application
Civil Engineering Plans dated 5/20/2021, including existing conditions, site plan, grading plan
and utility plan
HydroCAD Drainage Calculations and maps dated 5/21/2021
This review included the documents listed above and additional prior PUD Preliminary Plat Application
materials, primarily dealing with grading, modelling and stormwater management. A marked-up
construction plan is included with this review to clarify some comments.
General
1. The development shall be designed and constructed according to the City Standard Specifications
and Details.
2. Prior to the start of any construction, permits shall be secured with the following at a minimum:
a. MnDOT right of way and drainage
b. Minnehaha Creek Watershed District
c. MPCA Construction General Permit
d. Minnesota Department of Health
e. Metropolitan Council Environmental Services
3. With the filling of wetland 3 and other low blow counts observed from the soil borings, the
development will need to ensure solid soil foundations are provided for all structural
improvements including roads, sidewalks, driveways and building pads.
4. Submit a detailed/itemized cost estimate/contractor quote to complete the work.
5. Ensure the 10-foot sidewalk easement for Block 1 Lot 6 is documented in the plan approvals.
Streets and Pedestrian Access
6. A staging and traffic control plan shall be provided for work affecting Eureka Road, such as the
turn lane addition and utility connections.
7. Show turn lane sign and stop sign locations on plans.
8. See plans for additional comments on profiles and grading.
S:\\Planning\\Planning Files\\Applications\\2021 Cases\\Walnut Grove Final plan and plan - Stoddard\\Review Comments\\2021-06-16_Walnut Grove Villas_Final Plat_Review 2.docx
Name: Stoddard PUD - Final Plat
Date: June 15, 2021
Page: 2
Sanitary Sewer and Watermain
9. Provide removal limits and traffic control plans for utility connections on Eureka Road.
10. A construction method, along with impacts needs to be included in the plan for the main installed
along Seamans Drive.
11. See plans for additional comments.
12. Note the landscaping plan will need to be revised to provide at least 10’ clearance from utilities,
services and storm sewer outside of right of way.
Surface Water Management and Grading
13. Erosion and sediment control needs to account for work associated with turn lane construction
and watermain construction along Seamans Drive.
14. Include section views and profiles of the ponding areas and outlet pipes.
15. Include draintile invert elevations and grades in the plan.
16. See plans for additional comments.
17. The development meets the City of Shorewood Surface Water Management Plan Regulations
(Section 5.3) and requires approval of the Minnehaha Creek Watershed District.
18. Several trees are shown to be left within the normal and high-water elevation grading in
stormwater basin 2. Consider impacts to trees 19, 21-23 and 38, to ensure they will be able to
withstand inundated roots or should be removed. Specifically, 21-23 and 38 will be within the
normal water level, with permanently submerged trunk base, and two of the four are ash trees.
19. Owners of private stormwater facilities shall enter into an agreement with the City describing
responsibility for the long-term operation and maintenance of the stormwater facilities and shall
be executed and recorded with the final plat. An operations and maintenance plan for the
proposed stormwater system should be included with future submittals.
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
WALNUT GROVE VILLAS
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this _____ day of ________, 2021, by and between the CITY OF
SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and
SENIOR HOUSING VENTURES, INC. a Minnesota corporation, hereinafter referred to as the
"Developer," setting forth the rights and obligations of the parties relating to the Walnut Grove
PUD and subdivision (the "Project").
RECITALS
A. The Developer has an interest in certain lands legally described as follows, which lands
are hereinafter referred to as the "Property":
Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the
following described part thereof; Commencing at the intersection of north line of
Highway 7 with the west line of Lot 26; thence east along said highway distant 210 feet;
thence north parallel with west line of Lot 26 distant 210 feet; thence west parallel with
said highway line 210 feet; thence south to beginning, and except part taken for
highways, Hennepin County, Minnesota;
And
B. The Developer proposes to develop the Property by means of a Planned Unit
Development ("PUD") consisting of 14 single family villa lots and two outlots to be developed
in one stage; and
C. The City Council, at its August 24, 2020 meeting, did consider and grant Concept Plan
approval as set forth in Resolution No. 20-094, incorporated herein by reference; and
D. The City Council, at its February 22, 2021 meeting, did consider and grant Development
Stage Plan approval as set forth in Resolution No. 21-022 and incorporated herein by reference;
and
E. The City Council, at its June 28, 2021 meeting, did consider and grant Final Plat and
PUD Final Stage Plan approval as set forth in Resolution No. 21-072 and incorporated herein by
reference; and,
F. The City hereby approves the final plat on condition that the Developer enter into this
agreement, furnish the Surety required by it, and record the plat with the county recorder or
registrar of titles within 180 days after the City Council approves the final plat and PUD final plan.
1
In consideration of the mutual covenants and guarantees contained herein, the parties hereto
agree as follows:
AGREEMENT
1. General Conditions of Approval. The Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private
improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the city clerk, 2) the necessary
Surety has been received by the City, and 3) the plat and all easements and agreements have been
recorded with the Hennepin County Recorder's Office and proof of recording has been provided to
the City.
2. PUD (Planned Unit Development) Approvals. The Developer shall comply with the
conditions of approval as adopted by the City Council and set forth in Resolution No. 20-094,
Resolution No. 21-022, and Resolution No. 21-072. In addition, development of the PUD is
subject to the requirements of the R-1D, Single-Family Residential zoning district, as may be
modified herein.
a. Allowed Uses: The permitted uses include one-level, single family homes and the
permitted accessory uses shall be as indicated in the R-1D zoning district, except that no
storage or parking of recreational vehicles or equipment shall be permitted outside the
attached garage nor shall the construction of detached accessory buildings or commercial
greenhouses be permitted.
b. Minimum setbacks (for all structures) shall be as follows:
1) Front Block 1: 25 feet
2) Front Block 2: 20 feet
3) From the north/south development property lines: 25 feet
4) Interior Side property lines: 10 feet
5) From the Eureka Road and Seamans Drive rights-of-way: 35 feet
6) Wetland buffer/Setback: 35/15 feet
7) No structure may cross a property line onto another lot or outlot.
8) Air conditioners may encroach into side drainage and utility easements as
long as the equipment is installed on cantilevered platforms and remains 10
feet from utilities. The Developer and their assigns shall hold the City
harmless for any damage for such encroachments when working within the
easements for their stated purposes.
c. Maximum building height, as defined by the Shorewood Zoning Code, shall be one
story or 30 feet, whichever is less.
d. Use of Outlots within the plat: The final plat for the PUD includes 2 outlots, which
shall be owned and maintained by the Homeowners’ Association (the “HOA”) as
common open space and for stormwater management features. The Developer may
place one subdivision sign in the outlot consistent with the height, setback, permit and
glare requirements of City Code Chapters 1201.03 Subd. 2 i (glare) and 1201.03
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Subd. 11 (Signs). Benches for resident use or fences may also be installed, subject to
City approval. No other structures are permitted.
e. The Developer shall comply with the requirements of the Wetland Developments
Code (Chapter 1102) and the Wetlands Conservation Act of 1991 \[Minn. Stat. 103
G.221 et. seq. (hereinafter referred to as the WCA)\]. The buffer areas adjacent to
wetlands shall be maintained in their natural state consistent with the conservation
easements recorded with the Hennepin County Recorder or Registrar of Titles against
the Property.
Wetland buffers shall be identified within each lot or outlot by permanent monuments
approved by the City. A monument is required at each lot line where it crosses a
wetland buffer strip and as necessary to establish required setbacks from the wetland
buffer strip and as shown on the final signage plan, as approved by the Planning
Director. Monuments shall be placed within 60 days of completion of site grading or
prior to issuance of a building permit (except for one model permit), whichever
occurs first.
Prior to release of the financial guarantees, the Developer’s engineer/surveyor shall
certify all wetland buffer monuments are in place per the approved plan.
f. Model home: One model home with a sales office shall be permitted subject to the
following:
1) The model home/sales office is allowed until permits are issued for the first 11
homes. At that point, the model home/sales office must be converted to a
dwelling and the parking area removed.
2) The permit for the model home shall not be issued until the Developer’s engineer
certifies the grades on the lot are consistent with the approved plan, the
parking/staging area is constructed consistent with the approved signage plan and
tree preservation fencing has been re-inspected.
3) If the model home is constructed on fill, the Developer shall submit a soils report
from a licensed professional engineer that indicates the soils present on the site
and brought in are adequate for the construction of the structure.
4) An off-street parking area with a gravel or asphalt surface shall be constructed
with a pathway leading to the model home, with one handicapped accessible
space. The unpaved public street shall not be used for access, parking or
deliveries for the model home construction.
5) Any lighting for the model home shall be limited by the lighting regulations in
Chapter 1201.03 Subd. 2. v. and shall be turned off one hour after the real estate
office closes or 8 p.m., whichever is earlier.
6) Temporary signage for the model is limited to a combined total of 30 square feet
in no more than two signs. Temporary Sign permits are required prior to
installation of the signs.
7) No pennants, banners or streamers shall be installed on the Property.
8) The model home shall not be open to the public until the utility work is complete,
including any necessary testing, the first layer of asphalt is installed to the public
street and the parking lot is connected to the new public street.
g. Monuments. The Developer shall post a Surety for the final placement of all
subdivision monuments. The Surety is calculated as $100 per iron. The Surety will
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be held by the City until the Developer’s land surveyor certifies that all irons have
been set following site grading and utility and street construction. In addition, the
certificate of survey must also include a certified survey indicating that all irons for a
specific lot have either been found or set prior to the issuance of a building permit
for that lot.
h. No planting or structure shall encroach upon a 3-foot perimeter around any hydrant
during construction or after. During construction, hydrants may not be blocked by
the Developer, employees, contractors, subcontractors and the like whether the
hydrant is on-site of the Property or any adjacent hydrant, such as, but not limited to,
the hydrant at Park Lane and Eureka Road.
i. The developer shall provide a parking area for all contractors and an access road
that shall not be located on new public street as shown on the signage plan for the
subdivision. The parking area shall be used by all contractors and subcontractors
until the new public street has one lift of asphalt. Parking shall be permitted on
only one side of the new public street unless such parking has been found to impede
public safety personnel from accessing the site.
3. Improvements Installed by Developer. Developer agrees at its expense to construct,
install and perform all work and furnish all materials and equipment in connection with the
installation of the following improvements (the "Improvements"):
a. All site grading including building pads;
b. Street grading, stabilizing and bituminous surfacing;
c. Concrete curb and gutter;
d. Sanitary sewer;
e. Storm sewer and surface water drainage facilities;
f. Water mains, laterals and service connections;
g. Street name signs and traffic control signs;
h. Tree preservation and landscaping, planting and reforestation;
i. Property monuments;
j. Public sidewalks; and,
k. Wetland buffers and signage;
consistent with the plans and specifications, dated May 20, 2021 and June 8, 2021 prepared by
Gronberg and Associates and Anderson Engineering of Minnesota, and all revisions thereto,
received and approved by the City Engineer and Planning Director incorporated herein.
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The Improvements shall be installed in accordance with the City’s subdivision regulations, the
City Engineer’s Memo, and the City’s engineering guidelines/standard detail specifications. The
Developer shall submit plans and specifications, which have been prepared by a competent
registered professional engineer, to the City for approval by the City Engineer or designee. The
Developer shall instruct its engineer to provide full-time field inspection personnel in order for
the Developer's engineer to be able to certify that the construction work meets the approved City
standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the
work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow
all instructions received from the City's inspectors. The Developer and/or the Developer’s
engineer shall provide for on-site project management. The Developer's engineer is responsible
for design changes and contract administration between the Developer and the Developer's
contractor.
All labor and work shall be done and performed in the best and most workmanlike manner and in
strict conformance with the approved plans and specifications. No deviations from the approved
plans and specifications will be permitted unless approved in writing by the City Engineer or
designee. The Developer agrees to furnish to the City a list of contractors being considered for
retention by the Developer for the performance of the work required by the agreement. The
Developer shall not do any work or furnish any materials not covered by the plans and
specifications and special conditions of this agreement, for which reimbursement is expected
from the City, unless such work is first approved in writing by the City Engineer or designee.
The Developer hereby grants the City, its agents, employees, officers and contractors a license to
enter the plat to perform all work and inspections deemed appropriate by the City in conjunction
with plat development.
4. Special Conditions of Approval.
a. Upon acceptance of Improvements, the HOA shall be responsible for maintenance of
public sidewalk within the PUD.
b. Maintenance of stormwater features for treatment, volume control and rate control
within the PUD shall be the responsibility of the HOA.
c. Total impervious surface on each lot within the plat shall not exceed the amount
shown on the materials received by the City on March 23, 2021.
d. Private underground utilities, including gas, electric, telephone, and cable shall be
installed by the respective private utility companies pursuant to separate agreements with
the Developer.
e. Prior to issuance of building permits, the Developer shall provide reports from a
licensed professional engineer that indicates that the soils present on the site and as
brought in are adequate to support the construction of the homes, public streets/sidewalk
and other structures.
f. With the exception of a permit for model home construction, no building permits
shall be issued until the final plat is recorded, the streets (including curb and gutter)
5
needed for access to lots where permits are requested are paved with the first lift of
asphalt, the sewer and water service utilities are tested and approved by the City
Engineer/designee, and the City has received written certification from the Developer’s
engineer that the grading for the block where the building is proposed to be located are
consistent with the approved grading plan.
g. Due to the reduced setbacks, the Developer shall be required to use one lot for storage
of the Projects’ home construction materials such as trusses, siding, roofing materials,
th
etc. until the building permit for the 11 home has been issued.
h. During construction and after, the address of each home shall be clearly visible from
the middle of the street and consistent with requirements of the Fire Code. The
Developer shall employ temporary address signs until after the home is completed which
shall be kept clear of obstructions to visibility such as snow, vegetation, garbage/recycle
facilities, etc. Multiple signs for the same home may be required during construction.
i. To protect the wetlands, the Developer shall install a double row of silt fence which
shall remain until completion of construction and yard installation for the adjacent
homes.
j. The Developer shall submit to the City Engineer the haul route they propose for any
fill material to be brought to the site for his approval.
5. Permits. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary applicable permits, including but not limited to:
Hennepin County for county road access and work in county rights-of-way, and for
sewage system abandonment
Minnesota Department of Transportation for state highway access and drainage
Minnesota Department of Health for watermains and well abandonment
National Pollutant Discharge Elimination System permits
Minnesota Pollution Control Agency for sanitary sewer and hazardous material
removal and disposal
Minnesota Department of Natural Resources for dewatering and work in protected
waters
Metropolitan Council Environmental Services for sanitary sewer connections
Watershed permits
City of Shorewood right-of-way permit, building demolition, and building permits
6. Pre-construction Meeting. At least 10 days prior to the commencement of construction,
the Developer or his engineer shall arrange for a pre-construction meeting to review the program
for the construction work. The meeting shall be held at Shorewood City Hall at a mutually
agreeable time (coordinated with the Planning Director and City Engineer) and shall include all
appropriate parties specified by the City Engineer.
7. Standards of Construction. The Developer agrees that all the Improvements, shall equal
or exceed customary City construction and engineering standards, shall be constructed and
installed in accordance with engineering plans and specifications approved by the City Engineer
6
and the requirements of applicable City ordinances, and that all work shall be subject to final
inspection and approval by the City Engineer.
8. Materials and Labor. All of the materials to be employed in the making of the
Improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials shall be removed and
replaced with approved materials and rejected labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of the Developer.
9. Schedule of Work. The Developer shall submit a written schedule in the form of a bar
chart indicating the proposed progress schedule and order of completion of work covered by this
Agreement. It is understood and agreed that the Improvements, except the final lift of asphalt,
the sidewalks, entry monument, and landscaping shall be performed so as to be completed by
October 31, 2021, subject to delays due to “force majeure” (i.e. events of casualty, unusually
inclement weather, labor strikes, material shortages, civil unrest or other causes beyond the
reasonable control of the Developer). The final lift of asphalt and entry monument shall be
completed by October 31, 2022.
Landscaping shall be completed as follows: In the outlots and at least 30 feet from any home
construction site: by June 15, 2022. On the individual lots and in the outlots within 30 feet of
any home construction site shall be completed prior to release of a certificate of occupancy for
the applicable home. The Developer may also submit an escrow agreement for the landscaping
within the lot, executed by the builder/future homeowner and guarantees submitted as allowed by
Section 1201.03 Subd. 2. g. of City Code.
The base of the sidewalk shall be installed at the same time as the street. The pavement must be
completed prior to the construction of the fifth home in Block 1 (with an exception for winter
construction).
The Developer shall provide written notice to the City of the existence of any delays in the
completion of the work.
10. As-Built Plans. Within sixty (60) days after the completion of construction of the
Improvements, except as noted in paragraph 14, the Developer shall cause its engineer to prepare
and file with the City a full set of "as-built" plans in .pdf format and CAD or shapefile (GIS)
format, showing the installation of the Improvements within the plat. Failure to file "as-built"
plans within said sixty (60) day period shall suspend the issuance of building permits and
certificates of occupancy for any further construction within the plat.
11. Easements. The Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation of any Improvements within or adjacent to the
Project, and thereafter promptly convey said easements to the City.
12. Pre-existing Drain Tile. All pre-existing drain tile disturbed by the Developer during
construction shall be restored, replaced or properly abandoned by the Developer.
13. Staking, Surveying and Inspection. The Developer, through its engineer/surveyor, shall
provide for all staking and surveying for the Improvements, property monuments, and
7
delineation of the wetland buffer areas and the associated monuments. In order to ensure that the
completed Improvements conform to the approved plans and specifications, the City will provide
for inspection as determined necessary by the City Engineer, and after the homes are constructed
by the City’s Building Official.
14. Grading. The plat shall be graded in accordance with the approved Grading, Drainage and
Erosion Control Plan. The plan shall conform to City of Shorewood standards. Within 30 days
after completion of the grading, the Developer shall provide the City with a "record" grading plan
certified by a registered land surveyor or engineer indicating that all ponds, swales, and ditches
have been constructed on public easements or land owned by the City. The "record" plan shall
contain site grades and field verified elevations of the following: a) cross sections of
ponds/filtration basins; b) location and elevations along all swales, emergency overflows, wetlands,
wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot
corner elevations and house pads; and d) top and bottom of retaining walls.
All lots with house footings placed on fill must be monitored and constructed to meet or exceed
FHA/HUD 79G specifications. The Developer must certify that this has been done correctly.
Prior to City acceptance of the grading Improvements and a full release of financial sureties, the
Developer shall provide the City with final “record” plans, in accordance with the City’s most
recent Engineering Guidelines.
15. Erosion Control. Prior to initiating site grading, the Erosion Control Plan shall be
implemented by the Developer and inspected and approved by the City. Erosion control practices
must comply with the Minnesota Pollution Control Agency’s best management practices. The City
may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded within 7 days after the
completion of the work or in an area that is inactive for up to 7 days unless authorized and
approved by the City Engineer in writing. Except as otherwise provided in the Erosion Control
Plan, seed shall be in accordance with the City's current seeding standards. All seeded areas shall
be fertilized, mulched, and disc-anchored as necessary for seed retention. The parties recognize
that time is of the essence in controlling erosion. If the Developer does not comply with the
erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer’s expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the
City to do so will not affect the Developer's and City's rights or obligations hereunder. If the
Developer does not reimburse the City for any cost the City incurred for such work within ten
days, the City may draw down the Surety to pay any costs. No development, utility or street
construction will be allowed and no building permits will be issued unless the plat is in full
compliance with the approved Erosion Control Plan.
16. Street Maintenance During Construction. The Developer shall be responsible for all
street maintenance until the streets are accepted by the City. Warning signs shall be placed when
hazards develop in streets to prevent the public from traveling on same and to direct attention to
detours. The Developer shall maintain a smooth surface and provide proper surface drainage to
ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be
responsible for keeping streets within and without the subdivision swept clean of dirt and debris
that may spill, track, or wash onto the street from the Developer’s operation. The Developer
may request, in writing, that the City keep the streets open during the winter months by plowing
snow from the streets prior to final acceptance of said streets. The City shall not be responsible
8
for repairing damage in the development because of snow plowing operations. Providing snow
plowing service does not constitute final acceptance of the streets by the City. The Developer
shall contract for street cleaning within and immediately adjacent to the development. At a
minimum, scraping and sweeping shall take place on a daily basis during grading operations and
on a weekly basis thereafter unless directed otherwise by the City, including its employees,
inspectors or contractors.
17. Street Signs. The Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices, as directed by the City Engineer.
18. Access to Residences. The Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
accepted by the City.
19. Final Inspection. At the written request of the Developer, and upon completion of the
Improvements set forth in paragraph 3 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans and specifications, and
the Developer’s engineer has submitted a written statement attesting to same, the City Engineer
shall recommend that the Improvements be accepted by the City.
20. Conveyance of Improvements. Upon completion of the installation by the Developer and
approval by the City Engineer of the public Improvements set forth in paragraph 3 above, the
Developer shall convey said Improvements to the City free of all liens and encumbrances and
with warranty of title, which shall include copies of all lien waivers. Should the Developer fail
to so convey said Improvements, the same shall become the property of the City without further
notice or action on the part of either party hereto, other than acceptance by the City.
21. Replacement. All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within two years after
acceptance by the City, shall be replaced by the Developer at the Developer's sole expense.
Within a period of thirty (30) days prior to the expiration of the said two-year period, the
Developer shall perform a televised inspection of all sanitary sewer lines within the plat and
provide the City with a record of the televised inspection.
22. Restoration of Streets, Public Facilities and Private Properties. The Developer shall
restore all City streets and other public facilities and any private properties disturbed or damaged
as a result of Developer's construction activities, including sod with necessary black dirt,
bituminous replacement, curb replacement, and all other items disturbed during construction.
23. Reimbursement of Costs. The Developer shall reimburse the City for all costs, including
reasonable engineering, inspection, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 34 below. Nonpayment of billings from the City shall be grounds for denial
of building permits, including lots sold to third parties, and the halting of all work in the plat.
9
24. Escrow. Prior to release of the plat for recording, the Developer shall pay to the City an
escrow deposit in the amount of $10,000.00 (the “Escrow”). The Escrow will be deposited on
account and remain there until completion of all work related to the subdivision as outlined in
paragraph 3. The City reserves the right to apply any portion of the Escrow toward a delinquent
payment, emergency repair, or to apply final billing for planning, engineering or legal services
paid for by the City. The City shall return to the Developer all excess funds on deposit within 60
days after the completion of the warranty period for the items in paragraph 3.
25. Claims for Work. The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement,
for which reimbursement is expected from the City, unless such work is first ordered in writing
by the City Engineer as provided in the specifications. Any such work or materials which may
be completed or furnished by the contractor without such written order first being obtained shall
be at its own risk, cost and expense.
26. Surety for Improvements. For the purpose of assuring and guaranteeing to the City that
the Improvements shall be constructed, installed and furnished by the Developer as set forth in
paragraph 3 above, according to the terms of this Agreement, and to ensure that the Developer
submit to the City as-built plans as required in paragraph 10 and that the Developer pay all
claims for work done and materials and supplies furnished for the performance of this
Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable
letter of credit approved by the City (the “Surety”) in an amount equal to 150% of the total cost
of said Improvements estimated by the Developer's engineer and approved by the City Engineer.
Upon receipt of proof satisfactory to the City Engineer or designee that the work has been
completed and financial obligations to the City have been satisfied, the Surety may be reduced
from time to time at the City’s discretion, by up to 75% of the original amount. Twenty-five
percent (25%) of the original amounts certified by the Developer's engineer shall be retained
until: (1) all Improvements have been completed; (2) all financial obligations to the City
satisfied; (3) the required "record" plans have been received by the City; and (4) warranty period
for the following Improvements have expired and any necessary repairs have been completed:
A. The required warranty period for materials and workmanship for utilities including public
sanitary sewer, storm sewer, and watermains shall be two years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be two years
from the date of final written City acceptance.
C. The required warranty period for trees and landscaping is two growing seasons following
installation.
D. The required warranty period for tree preservation shall be three growing seasons
following the completion of mass grading.
27. Summary of Surety Requirements. To guarantee compliance with the terms of this
contract, payment of special assessments, payment of the costs of all public and private
Improvements, and construction of all public and private Improvements, the Developer shall
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furnish the City with a Surety in the amount of $1,346,807. The amount of the Surety was
calculated as follows:
Street and Sidewalk Construction: 198,795
Sanitary Sewer: 91,464
Watermain System: 154,514
Storm Sewer System: 109,540
Landscaping and Tree Preservation: 36,119
Grading and Erosion Control: 299,139
Setting Iron Monuments/Buffer Monuments: 8,300
SUB-TOTAL: 897,973
TOTAL (150% OF THE ABOVE): $1,346,807
This breakdown is for historical reference; it is not a restriction on the use of the Surety. The
bank shall be subject to the approval of the City Administrator. The City may draw down the
Surety, without notice, for any violation of the terms of this contract or if the Surety is allowed to
lapse prior to the end of the required term. If the required public Improvements are not
completed at least 30 days prior to the expiration of the Surety, the City may also draw it down.
If the Surety is drawn down, the proceeds shall be used to cure the default.
28. Insurance. The Developer shall maintain during the life of this Agreement, public
liability and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of their
subcontractors, or by one directly or indirectly employed by any of them. This insurance policy
shall be a single limit public liability insurance policy in an amount not less than $2,000,000.00.
The City shall be named as additional insured and the Developer shall file a copy of the
insurance coverage with the City. The certificate shall provide that the City must be given
written notice of the cancellation of the insurance per the terms of the policy.
Prior to commencement of construction of the Improvements, the Developer shall file with the
City a certificate of such insurance as will protect the Developer, his contractors and
subcontractors from claims arising under the workers' compensation laws of the State of
Minnesota.
29. Laws, Ordinances, Regulations and Permits. Developer shall comply with all laws,
ordinances, and regulations of all regulatory bodies having jurisdiction of the Property and shall
secure all permits that may be required by the following before recording the plat:
Hennepin County for county road access and work in county rights-of-way, and for
sewage system abandonment
Minnesota Department of Transportation for state highway access and drainage
Minnesota Department of Health for watermains and well abandonment
National Pollutant Discharge Elimination System permits
Minnesota Pollution Control Agency for sanitary sewer and hazardous material
removal and disposal
Minnesota Department of Natural Resources for dewatering and work in protected
waters
Metropolitan Council Environmental Services for sanitary sewer connections
11
Watershed permits
City of Shorewood right-of-way permit, building demolition, and building permits
If the City determines that the plat does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer does comply. Upon the City’s
demand, the Developer shall cease work until there is compliance.
30. Local Sanitary Sewer Access Charges (LSSAC). Developer shall, prior to release of the
final plat for Phase I by the City, make a cash payment to the City in the sum of $16,800 ($1,200
for each lot) as local sanitary sewer access charges. Subsequent phases shall pay LSSAC, based
on the fees in effect at the time of filing of each final plat.
31. Municipal Water Charges. Pursuant to Shorewood City Code a $10,000 municipal water
connection charge is required to be paid for each lot, prior to the release of the final plat. The
City shall credit the Developer the cost of extending water mains from the outside boundary of
the Property to the front property line of each lot. In no event shall credit to the Developer
exceed the water connection charges paid. The Developer’s engineer has submitted cost
estimates indicating that the cost of the watermain for this subdivision will exceed the cost to
complete the installation. As a result, no watermain connections fees would be required.
32. Park Fund Payment. The Developer shall submit a total park dedication payment of
$91,000, ($6,500 per lot) to be paid prior to the release of the final plat.
33. Voluntary Contributions. The Developer has proposed to submit voluntary contributions
consisting of: a 1) $105,000 for payments toward road improvements on either Seamans Drive or
Eureka Road, the Freeman Park 2023 Trail Project or other trail enhancements, or the general
fund as determined by the City Council; and, 2) $56,000 for an affordable housing fund, with
benefits to be determined by the City Council. The Developer has proposed to submit these
contributions in a lump sum at the time the certificate of occupancy is approved for the first
home.
34. Notices. All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices,
certificates and communications to each of them shall be addressed as follows:
To the City: Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
952-960-7912
planning@ci.shorewood.mn.us
To the Developer: Bill Stoddard
Senior Housing Ventures, Inc.
rd
440 3 St.
12
Excelsior, MN 55331
612-802-3666
bill@ibill.us
35. Proof of Title. The Developer further agrees that all dedicated streets and utility
easements provided to City shall be free and clear of all liens and encumbrances.
36. Indemnification. Excluding any claims or liabilities caused by or arising from the
negligence or willful misconduct of the City, its employees, agents and contractors, the
Developer shall hold the City harmless from and indemnify the City against any and all liability,
damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from
or out of the Developer's performance and observance of any obligations, agreements, or
covenants under this Agreement. It is further understood and agreed that the City, the City
Council, and the agents and employees of the City shall not be personally liable or responsible in
any manner to the Developer, the Developer's contractors or subcontractors, materialmen,
laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand,
damages, actions or causes of action of any kind or character arising out of or by reason of the
execution of this Agreement or the performance and completion of the work and Improvements
hereunder.
37. Declaration of Covenants, Conditions and Restrictions. The Developer shall provide a
copy of the Declaration of Covenants, Conditions and Restrictions, for review and approval by
the City prior to recording.
38. Remedies Upon Default. In the event the Developer shall default in the performance of
any of the covenants and agreements herein contained and such default shall not have been cured
within thirty (30) days after receipt by the Developer of written notice thereof, the City may
exercise the following remedies:
A. Assessments. The City may cause any of the Improvements to be constructed and
installed or may take action to cure such other default and may cause the entire
cost thereof, including all reasonable engineering, legal and administrative
expenses incurred by the City to be recovered as a special assessment under
Minnesota Statutes Chapter 429. The Developer agrees to pay the entire amount
of such assessment within thirty (30) days after its adoption. The Developer
further agrees that in the event of its failure to pay in full any such special
assessment within the time prescribed herein, the City shall have a specific lien on
all of the Property for any amount so unpaid, and the City shall have the right to
foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens
under the laws of the State of Minnesota. In the event of an emergency, as
determined by the City Engineer, the notice requirements to the Developer
prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in
their entirety, and the Developer shall reimburse the City for any expense incurred
by the City in remedying the conditions creating the emergency.
B. Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of
credit delivered hereunder, to collect, pay, or reimburse the City for:
13
(a) The cost of completing the construction of the Improvements.
(b) The cost of curing any other default by the Developer in the performance
of any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
C. Legal Proceedings. In addition to the foregoing, the City may institute any proper
action or proceeding at law or at equity to abate violations of this Agreement, or
to prevent use or occupancy of the proposed dwellings.
39. Headings. Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
40. Severability. In the event any provisions of this Agreement shall be held invalid, illegal,
or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity
of the remaining Agreement.
41. Execution of Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original, and all of which shall constitute but one and the
same instrument.
42. Governing Law. This Agreement shall be construed and interpreted in accordance with
the laws of the State of Minnesota.
43. Successors and Assigns. It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives. The Developer may not assign this Agreement without the written
permission of the City Council. The Developer’s obligation hereunder shall continue in full
force and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
44. Third Parties. Third parties shall have no recourse against the City under this Agreement.
45. Recording. This Agreement shall run with the land and may be recorded against the title
to the Property. The Developer covenants with the City, its successors and assigns, that the
Developer has fee title to the Property being final platted and/or has obtained consents to this
Agreement, in the form attached hereto, from all parties who have an interest in the Property;
that there are no unrecorded interests in the Property being final platted; and that the Developer
will indemnify and hold the City harmless for any breach of the foregoing covenants.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day and year first above written.
SENIOR HOUSING VENTURES, INC. CITY OF SHOREWOOD
By: By:
Its: Its: Mayor
ATTEST:
By:
Its: City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ___day of ___________, 2021, before me, a Notary Public within and for said
County, personally appeared Jennifer Labadie and Greg Lerud to me personally known, who,
being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator of the municipal corporation named in the foregoing instrument, and that said
instrument was signed and sealed on behalf of said corporation by authority of its City Council,
and said Mayor and City Administrator acknowledged said instrument to be the free act and deed
of said corporation.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ________ day of
________________, 2021, by __________________________________ the
____________________________________ of Senior Housing Ventures, Inc. a Minnesota
Corporation on its behalf.
______________________________________
NOTARY PUBLIC
Prepared by:
Shorewood Planning Dept.
Shorewood City Offices
5755 Country Club Road
Shorewood, MN 55331
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FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT
________________________________________, fee owners of all or part of the Property, the
development of which is governed by the foregoing Agreement, affirm and consent to the
provisions thereof and agree to be bound by the provisions as the same may apply to that portion
of the Property owned by them.
Dated this ____________ day of __________, 2021.
_________________________________________
By: ______________________________________
Its: ______________________________________
STATE OF ______________________ )
( ss.
COUNTY OF _____________________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2021, by ______________________________________________________.
________________________________________
NOTARY PUBLIC
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MORTGAGE CONSENT
TO
DEVELOPMENT AGREEMENT
_______________________________________________________, which holds a
mortgage on the Property, the development of which is governed by the foregoing Agreement,
agrees that the Agreement shall remain in full force and effect even if it forecloses on its mortgage.
Dated this ______ day of _______________, 2021.
_________________________________________
By: ______________________________________
Its: ______________________________________
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2021, by ______________________________________________.
________________________________________
NOTARY PUBLIC
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RESOLUTION 21-072
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A FINAL PLAT AND PUD FINAL PLAN
FOR WALNUT GROVE VILLAS FOR PROPERTY LOCATED
NORTH OF HIGHWAY 7 BETWEEN EUREKA ROAD AND SEAMANS DRIVE
WHEREAS, Senior Housing Ventures, Inc. (the “Applicant”), has submitted a request for a PUD
final plan and a final plat of the Walnut Grove Villas PUD under the Shorewood City Code and
under Chapter 462 of Minnesota Statutes; and
WHEREAS, the property is legally described as:
Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the
following described part thereof; Commencing at the intersection of north line of Highway
7 with the west line of Lot 26; thence east along said highway distant 210 feet; thence
north parallel with west line of Lot 26 distant 210 feet; thence west parallel with said
highway line 210 feet; thence south to beginning, and except part taken for highways,
Hennepin County, Minnesota;
WHEREAS, the final plat is consistent with the preliminary plat and the PUD final plan is
consistent with the concept and development plans previously approved for the project, and
WHEREAS, a development agreement has been prepared as part of the final plat application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood:
1. The plat of Walnut Grove Villas for 14 lots for single-family homes and 2 outlots is hereby
approved according to the plans and materials submitted March 23-24, April 14, 16 and 21,
and June 7 and 8, 2021, subject to the conditions listed below.
2. The PUD final plan is hereby approved according to the plans and materials submitted
March 23-24, April 14, 16 and 21, and June 7 and 8, 2021, subject to the conditions listed
below.
3. The approval is specifically conditioned upon the terms and conditions contained in the
Development Agreement for the subdivision.
4. The Mayor and City Administrator are hereby authorized to execute the Development
Agreement on behalf of the City Council.
5. The final plat, development agreement and all related documents listed below, shall be
required to be filed with Hennepin County as required by the Development Agreement.
6. Prior to release of the subdivision for recording the final plat, the Applicant shall submit the
information and revised plans consistent with the regulations in City Code, the PUD Concept
and Development Stage approvals and as follows:
a. Revised homeowner association (HOA) documents that prohibit accessory buildings.
b. Executed easements and agreements, including: 1) conservation easements over the
wetlands and wetland buffers, 2) sidewalk easement over Lot 6, Block 1; 3) a storm
water maintenance agreement and 4) the development agreement.
c. Payment of the following fees: park dedication ($91,000); and local sanitary sewer
access charge ($16,800).
d. Submission of all required financial guarantees/escrow deposit.
e. Any required permits from other agencies.
f. Revised construction management plan including, but not limited to: the haul route for
the material to be imported and increase the street cleaning to once per day while fill
material is being brought to the site.
g. Revised plans consistent with the Engineer’s Memo dated June 15, 2021 and City Code,
as follows:
1) Revise the landscaping plan to: 1) relocate the trees a minimum of 10 feet from utility
mains and private utility services; 2) move the bollards 2 feet from the sidewalk and 3
feet from hydrants.
2) Revise the grading plan to indicate a double row of silt fence to protect the wetlands
during import of material and mass grading.
3) Revise the tree preservation plan to remove impacts to trees on adjacent properties
or submit signed agreements from the affected property owners granting permission
for the removal. To be considered saved, no activity is permitted within the drip line
of the tree and fencing is required to be installed and inspected prior to mass
grading.
4) Revise the signage plan to indicate that wetland buffer monuments shall be placed at
each lot line and as the buffer changes direction.
7. Prior to issuance of building permits, except for one permit for a model home, the Applicant
shall submit or complete the following:
a. Submit proof of recording for the subdivision, including the resolution, easements, HOA
documents, and agreements.
b. Submit a soils report from a licensed professional engineer that indicates the soils
present on the site and brought in are adequate for the construction of the structures.
c. Install the wetland buffer monuments, except for the permit for the model home.
d. Install the public improvements as directed in the development agreement.
8. The base of the sidewalk shall be installed with the street construction. The pavement must
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be completed with the construction of the 5 home in Block 1 (with the exception of winter
construction).
9. A permit for construction of the model home may be issued when the applicant has
completed the parking area, the grades are certified, the lot monuments are installed and all
other conditions listed in the PUD development stage resolution and development
agreement have been satisfied.
10. The site shall remain in compliance with the city’s tree preservation policy until all
construction is complete.
11. The parking area must be constructed first and must be adequately sized for all contractors
working in the subdivision until the street is finished and as needed afterwards for overflow
parking.
12. The applicant shall provide a staging area for all materials related to home construction on
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the property and it shall remain in place until permits are issued for the 13 home.
13. The developer shall provide disclosures to all home buyers in Block 1 consistent with those
submitted on March 23, 2021 that indicate that sidewalks will be constructed along the new
public street.
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14. Each lot shall remain at or below the amount of impervious surface coverage indicated on
the exhibit submitted March 23, 2021.
15. The proposed subdivision sign shall not be installed closer than five feet to the public right-
of-way and otherwise consistent with the sign regulations and the conditions in the
development agreement.
16. The PUD final plan and the final plat shall expire in 180 days if the Applicant has not
recorded the final plat at Hennepin County. The Applicant may request an extension to the
approval subject to the requirements of Section 1202.03 Subd. 2. f. (3).
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28 Day of
June, 2021.
___________________________
Jennifer Labadie, Mayor
ATTEST:
_______________________________
Sandie Thone, City Clerk
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#7F
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Excelsior Woods Final Plat
Applicant: Red Granite Construction, LLC.
Location: 20325 Excelsior Boulevard
Meeting Date: June 28, 2021
Prepared by: Marie Darling, Planning Director
Review Deadline: July 13, 2021
Attachments: Applicant’s Narrative and Plans
Engineer’s Memo
Development Agreement
Resolution approving a Final Plat
Background: Red Granite Construction, LLC. has submitted their request for final plat for Excelsior
Woods, previously called The Matthew Sayer Addition. The preliminary plat, a conditional use permit
and variances were approved on April 27, 2020 (two extensions were also approved).
The applicant’s request is very similar to the approved preliminary plat, conditional use permit and
variances, with one exception. The applicant is purchasing the property and is proposing a new name
for the subdivision. The previous name was considered a placeholder.
Prior to recording the plat, the applicant would be required to revise their plans to be consistent with
City Code. The conditions are listed in the final plat resolution. Additionally, a development
agreement has been provided for Council review with the terms of the construction for the
subdivision, including financial guarantees and performance criteria.
Staff have added one condition to dedicate some additional right-of-way in the southeast corner of
the subdivision where a small amount of pavement for St. Albans Bay Road crosses into the property.
This condition is reflected in the resolution.
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The draft HOA documents are available to review on the City’s website with the June 28 meeting
agenda and listed under “more” documents.
Staff included an extension of the Plat approval to six months from the code required 30 days. Such
an extension is permitted on request and approval by the City Council. Staff finds that 30-day
deadline to record the final plat is not reasonable for any subdivision when trying to work with
multiple jurisdictions.
Financial or Budget Considerations: Developers are required to pay utility connection fees, park
dedication, and for constructing the stormwater facilities and extending sewer and water to serve the
property. The developer may request reimbursement of expenses to extend the watermain up to, but
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\\Excelsior Woods\\CAF Memo.docx
not over, the total amount of connection fees collected. For this development, the proposed
expenses ($31,050) are under the fees to be collected ($40,000). As a result, the developer is required
to submit $8,950. Other fees are listed in the Development Contract.
Recommendation / Action Requested: Staff recommends approval of the request for a final plat for
Excelsior Woods for Red Granite Construction, LLC. on property located at 20325 Excelsior Boulevard,
subject to the findings and conditions in the attached resolution and the execution of the
Development Agreement.
Action on this request requires a simple majority.
Next Steps and Timelines: Should the City Council approve this request; the applicant would need to
submit revised plans and complete the obligations outlined in the resolution and development
agreement prior to beginning work on the site.
EXCELSIOR WOODS ADDITION
Preliminary/Final Plat Narrative
April 20, 2021
For more than a year, Mathew Sayer, has worked with the City of Shorewood to prepare a siteplan
to maximize the current 1.210 acre lot located at 20325 Excelsior Boulevard, Shorewood,
Minnesota.
The proposed subdivision is for a four lot planned community composed of four townhome units,
which shall be governed under the Minnesota Common Interest Communities Act. The project
will not consist of any private roadways or newly constructed public roadways, but rather access
to each townhome will be off of Excelsior Boulevard. Further, there will be no private sidewalks
or trail systems.
The property is currently zoned R-2A per the City of Shorewood’s zoning map dated January,
2017. Applicant is seeking a variance for proposed Lots 2 and 3 as they are below the 15,000
square foot threshold. Developer will meet all of the City’s criteria for obtaining the required
variance.
The duplex townhomes will be one-story with a walkout basement. Construction is planned to be
completed by December 31, 2021.
Additionally, as part of the development, the developer will be dedicating a portion of the property
to a conservation easement as buffer to the wetland, installing a filtration basis for stormwater
management, and constructing a retaining wall for erosion control.
Developer believers that this subdivision will provide an in-demand product type of housing to the
community.
MEMORANDUM
Date: June 16, 2021
To: Marie Darling, Planning Director
From: Andrew Budde, PE/Matt Bauman, PE
Subject: Excelsior Woods – Mathew Sayer Subdivision - Final Plat Review 1
City of Shorewood
Project No.: 0C1.123603
The following documents were submitted for review of compliance with the City of Shorewood’s Local
Surface Water Management Plan and Engineering Standards:
Civil Engineering Plans dated 4/19/2021, including existing conditions, grading plan and utility
plan
Stormwater Management Plan dated 9/12/2019
Construction Management Plan dated 4/19/2021
This review included the documents listed above primarily dealing with grading, modelling and
stormwater management.
1. The development shall be constructed according to the City Standard Specifications and
Details.
2. Prior to the start of any construction, permits shall be secured with the following at a
minimum:
a. Minnehaha Creek Watershed District
b. MPCA Construction General Permit
c. Minnesota Department of Health
d. Metropolitan Council Environmental Services
3. A staging and traffic control plan shall be provided for work affecting Excelsior Boulevard,
such as utility connections.
4. Provide profile as-builts of the sanitary sewer and watermain construction.
5. The subdivision meets the City of Shorewood Surface Water Management Plan Regulations
(Section 5.3), but needs to ensure compliance with watershed district rules as well.
6. Owners of private stormwater facilities shall enter into an agreement with the Watershed
and/or City describing responsibility for the long-term operation and maintenance of the
stormwater facilities and shall be executed and recorded with the final plat. An operations
and maintenance plan for the proposed stormwater system should be included with future
submittals.
7. Provide 10’ from large trees to utility mains and services for future maintenance in the
landscaping plan. Specifically, lots 3 and 4 show trees nearly on top of the proposed services.
S:\\Planning\\Planning Files\\Applications\\2021 Cases\\Excelsior Woods\\2021-06-xx_Excelsior Woodlands_Final Plat_Review 1.docx
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
EXCELSIOR WOODS
THIS AGREEMENT, made this _____ day of ________, 2021, by and between the CITY OF
SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and
RED GRANITE CONSTRUCTION, LLC. a Minnesota Limited Liability Company,
hereinafter referred to as the "Developer," setting forth the rights and obligations of the parties
relating to the Excelsior Woods subdivision (the "Project").
RECITALS
A. The Developer has an interest in certain lands legally described as follows, which lands
are hereinafter referred to as the "Property":
Lot 37, Auditor’s Subdivision No.141, Hennepin County, Minnesota;
And
B. The Developer proposes to develop the Property by means of subdivision consisting of
four (4) lots for two (2), two-family buildings; and
C. The City Council, at its April 27, 2020 meeting, did consider and grant preliminary plat,
variance and conditional use permit approval as set forth in Resolution No. 20-035 incorporated
herein by reference; and
D. The City Council, at its June 28, 2021 meeting, did consider and grant Final Plat approval
as set forth in Resolution No. 21-073 and incorporated herein by reference; and,
F. The City hereby approves the final plat on condition that the Developer enter into this
agreement, furnish the Surety required by it, and record the plat with the Hennepin County
Recorder or Registrar of Titles within 180 days after the City Council approves the final plat.
In consideration of the mutual covenants and guarantees contained herein, the parties hereto
agree as follows:
AGREEMENT
1. General Conditions of Approval. The Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private
improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the city clerk, 2) the necessary
Surety has been received by the City, and 3) the plat and all easements and agreements have been
recorded with the Hennepin County Recorder's Office and proof of recording has been provided to
the City.
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2. Approvals. The Developer shall comply with the conditions of approval as adopted by
the City Council and set forth in Resolution No. 20-035. In addition, development of the Project
is subject to the requirements of the R-2A, Single/Two-Family Residential zoning district, as
may be modified herein.
a. The Developer shall comply with the requirements of the Wetland Developments
Code (Chapter 1102) and the Wetlands Conservation Act of 1991 \[Minn. Stat. 103
G.221 et. seq. (hereinafter referred to as the WCA)\]. The buffer areas adjacent to
wetlands shall be maintained in their natural state consistent with the conservation
easements recorded with the Hennepin County Recorder or Registrar of Titles against
the Property.
Wetland buffers shall be identified within each lot by permanent monuments
approved by the City. A monument is required at each lot line where it crosses a
wetland buffer strip and as necessary to establish required setbacks from the wetland
buffer strip and as shown on the grading plan, as approved by the Planning Director.
Monuments shall be placed within 60 days of completion of site grading or prior to
issuance of a building permit, whichever occurs first.
Prior to release of the financial guarantees, the Developer’s engineer/surveyor shall
certify all wetland buffer monuments are in place per the approved plan.
b. Monuments. The Developer shall post a Surety for the final placement of all
subdivision monuments. The Surety is calculated as $100 per iron. The Surety will
be held by the City until the Developer’s land surveyor certifies that all irons have
been set following site grading and utility and street construction. In addition, the
certificate of survey must also include a certified survey indicating that all irons for a
specific lot have either been found or set prior to the issuance of a building permit for
that lot.
c. No planting or structure shall encroach upon a 3-foot perimeter around any hydrant
during construction or after. During construction, hydrants may not be blocked by
the Developer, employees, contractors, subcontractors, and the like whether the
hydrant is on-site of the Property or any adjacent hydrant.
d. The developer shall provide an off-street parking area for all contractors and the
parking area shall be shown on an exhibit submitted with the final construction plan
and approved by the Planning Director or her designee. The parking area shall be
used by all contractors and subcontractors. No parking shall be permitted on St.
Albans Bay Road.
3. Improvements Installed by Developer. Developer agrees at its expense to construct,
install and perform all work and furnish all materials and equipment in connection with the
installation of the following improvements (the "Improvements"):
a. All site grading including building pads;
b. Sanitary sewer;
2
c. Storm sewer and surface water drainage facilities;
d. Water mains, laterals and service connections;
e. Traffic control signs;
f. Tree preservation and landscaping, planting and reforestation;
g. Property monuments; and,
h. Wetland buffers and signage;
consistent with the plans and specifications, dated April 20, 2021 and May 10-13, 2021 prepared
by Sathre-Bergquist, Inc. and B.E. Landscape Design, and all revisions thereto, received and
approved by the City Engineer and Planning Director incorporated herein.
The Improvements shall be installed in accordance with the City’s subdivision regulations, the
City Engineer’s Memo, and the City’s engineering guidelines/standard detail specifications. The
Developer shall submit plans and specifications, which have been prepared by a competent
registered professional engineer, to the City for approval by the City Engineer or designee. The
Developer shall instruct its engineer to provide full-time field inspection personnel in order for
the Developer's engineer to be able to certify that the construction work meets the approved City
standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the
work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow
all instructions received from the City's inspectors. The Developer and/or the Developer’s
engineer shall provide for on-site project management. The Developer's engineer is responsible
for design changes and contract administration between the Developer and the Developer's
contractor.
All labor and work shall be done and performed in the best and most workmanlike manner and in
strict conformance with the approved plans and specifications. No deviations from the approved
plans and specifications will be permitted unless approved in writing by the City Engineer or
designee. The Developer agrees to furnish to the City a list of contractors being considered for
retention by the Developer for the performance of the work required by the agreement. The
Developer shall not do any work or furnish any materials not covered by the plans and
specifications and special conditions of this agreement, for which reimbursement is expected
from the City, unless such work is first approved in writing by the City Engineer or designee.
The Developer hereby grants the City, its agents, employees, officers and contractors a license to
enter the plat to perform all work and inspections deemed appropriate by the City in conjunction
with plat development.
4. Special Conditions of Approval.
a. Maintenance of stormwater features for treatment, volume control and rate control
within the subdivision shall be the responsibility of the HOA.
b. Total impervious surface on each lot within the plat shall not exceed 33 percent.
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c. Private underground utilities, including gas, electric, telephone, and cable shall be
installed by the respective private utility companies pursuant to separate agreements with
the Developer.
d. Prior to issuance of building permits, the Developer shall provide reports from a
licensed professional engineer that indicates that the soils present on the site and as
brought in are adequate to support the construction of the homes and other structures.
e. No building permits shall be issued until the final plat is recorded, the sewer and
water service utilities are tested and approved by the City Engineer/designee, and the City
has received written certification from the Developer’s engineer that the grading for the
block where the building is proposed to be located are consistent with the approved
grading plan.
f. During construction and after, the address of each home shall be clearly visible from
the middle of the street and consistent with requirements of the Fire Code. The
Developer shall employ temporary address signs until after the home is completed which
shall be kept clear of obstructions to visibility such as snow, vegetation, garbage/recycle
facilities, etc. Multiple signs for the same home may be required during construction.
g. To protect the wetlands, the Developer shall install a double row of silt fence which
shall remain until completion of construction and yard installation for the adjacent
homes.
h. The haul route for the fill material approved by Conditional Use Permit shall be from
Highway 7, through the Christmas Lake intersection to Excelsior Boulevard and access
the site from St. Albans Bay Road.
5. Permits. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary applicable permits, including but not limited to:
Minnesota Department of Health for watermains and well abandonment
National Pollutant Discharge Elimination System permits
Minnesota Pollution Control Agency for sanitary sewer and hazardous material
removal and disposal
Minnesota Department of Natural Resources for dewatering and work in protected
waters
Metropolitan Council Environmental Services for sanitary sewer connections
Watershed permits
City of Shorewood right-of-way permit, building demolition, and building permits
6. Pre-construction Meeting. At least 10 days prior to the commencement of construction,
the Developer or his engineer shall arrange for a pre-construction meeting to review the program
for the construction work. The meeting shall be held at Shorewood City Hall at a mutually
agreeable time (coordinated with the Planning Director and City Engineer) and shall include all
appropriate parties specified by the City Engineer.
7. Standards of Construction. The Developer agrees that all the Improvements, shall equal
or exceed customary City construction and engineering standards, shall be constructed and
4
installed in accordance with engineering plans and specifications approved by the City Engineer
and the requirements of applicable City ordinances, and that all work shall be subject to final
inspection and approval by the City Engineer.
8. Materials and Labor. All of the materials to be employed in the making of the
Improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials shall be removed and
replaced with approved materials and rejected labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of the Developer.
9. Schedule of Work. The Developer shall submit a written schedule in the form of a bar
chart indicating the proposed progress schedule and order of completion of work covered by this
Agreement. It is understood and agreed that the Improvements, except landscaping, shall be
performed so as to be completed by October 31, 2021, subject to delays due to “force majeure”
(i.e. events of casualty, unusually inclement weather, labor strikes, material shortages, civil
unrest or other causes beyond the reasonable control of the Developer). The final lift of asphalt
and entry monument shall be completed by October 31, 2022.
Landscaping: On the individual lots, the landscaping shall be completed prior to release of a
certificate of occupancy for the applicable home. The Developer may also submit an escrow
agreement for the landscaping within the lot, executed by the builder/future homeowner and
guarantees submitted as allowed by Section 1201.03 Subd. 2. g. of City Code.
The Developer shall provide written notice to the City of the existence of any delays in the
completion of the work.
10. As-Built Plans. Within sixty (60) days after the completion of construction of the
Improvements, except as noted in paragraph 14, the Developer shall cause its engineer to prepare
and file with the City a full set of "as-built" plans in .pdf format and CAD or shapefile (GIS)
format, showing the installation of the Improvements within the plat. Failure to file "as-built"
plans within said sixty (60) day period shall suspend the issuance of building permits and
certificates of occupancy for any further construction within the plat.
11. Easements. The Developer, at its expense, shall acquire all easements from abutting
property owners necessary for the installation of any Improvements within or adjacent to the
Project, and thereafter promptly convey said easements to the City.
12. Pre-existing Drain Tile. All pre-existing drain tile disturbed by the Developer during
construction shall be restored, replaced or properly abandoned by the Developer.
13. Staking, Surveying and Inspection. The Developer, through its engineer/surveyor, shall
provide for all staking and surveying for the Improvements, property monuments, and
delineation of the wetland buffer areas and the associated monuments. In order to ensure that the
completed Improvements conform to the approved plans and specifications, the City will provide
for inspection as determined necessary by the City Engineer, and after the homes are constructed
by the City’s Building Official.
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14. Grading. The plat shall be graded in accordance with the approved Grading, Drainage and
Erosion Control Plan. The plan shall conform to the City’s standards. Within 30 days after
completion of the grading, the Developer shall provide the City with a "record" grading plan
certified by a registered land surveyor or engineer indicating that all ponds, swales, and ditches
have been constructed on public easements or land owned by the City. The "record" plan shall
contain site grades and field verified elevations of the following: a) cross sections of
ponds/filtration basins; b) location and elevations along all swales, emergency overflows, wetlands,
wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot
corner elevations and house pads; and d) top and bottom of retaining walls.
All lots with house footings placed on fill must be monitored and constructed to meet or exceed
FHA/HUD 79G specifications. The Developer must certify that this has been done correctly.
Prior to City acceptance of the grading Improvements and a full release of the Surety, the
Developer shall provide the City with final “record” plans, in accordance with the City’s most
recent Engineering Guidelines.
15. Erosion Control. Prior to initiating site grading, the Erosion Control Plan shall be
implemented by the Developer and inspected and approved by the City. Erosion control practices
must comply with the Minnesota Pollution Control Agency’s best management practices. The City
may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded within seven (7) days after
the completion of the work or in an area that is inactive for up to seven (7) days unless authorized
and approved by the City Engineer in writing. Except as otherwise provided in the Erosion
Control Plan, seed shall be in accordance with the City's current seeding standards. All seeded
areas shall be fertilized, mulched, and disc-anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the Erosion Control Plan and schedule or supplementary instructions received from the City, the
City may take such action as it deems appropriate to control erosion at the Developer’s expense.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of
the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the
Developer does not reimburse the City for any cost the City incurred for such work within ten
days, the City may draw down the Surety to pay any costs. No development, utility or street
construction will be allowed, and no building permits will be issued unless the plat is in full
compliance with the approved Erosion Control Plan.
18. Access to Residences. The Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction.
19. Final Inspection. At the written request of the Developer, and upon completion of the
Improvements set forth in paragraph 3 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans and specifications, and
the Developer’s engineer has submitted a written statement attesting to same, the City Engineer
shall recommend that the Improvements be accepted by the City.
20. Conveyance of Improvements. Upon completion of the installation by the Developer and
approval by the City Engineer of the public Improvements, the Developer shall convey said
Improvements to the City free of all liens and encumbrances and with warranty of title, which
shall include copies of all lien waivers. Should the Developer fail to so convey said
6
Improvements, the same shall become the property of the City without further notice or action on
the part of either party hereto, other than acceptance by the City.
21. Replacement. All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within two years after
acceptance by the City, shall be replaced by the Developer at the Developer's sole expense.
Within a period of thirty (30) days prior to the expiration of the said two-year period, the
Developer shall perform a televised inspection of all sanitary sewer lines within the plat and
provide the City with a record of the televised inspection.
22. Restoration of Streets, Public Facilities and Private Properties. The Developer shall
restore all City streets and other public facilities and any private properties disturbed or damaged
as a result of Developer's construction activities, including sod with necessary black dirt,
bituminous replacement, curb replacement, and all other items disturbed during construction.
23. Reimbursement of Costs. The Developer shall reimburse the City for all costs, including
reasonable engineering, inspection, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 34 below. Nonpayment of billings from the City shall be grounds for denial
of building permits, including lots sold to third parties, and the halting of all work in the plat.
24. Escrow. Prior to release of the plat for recording, the Developer shall pay to the City an
escrow deposit in the amount of $6,000.00 (the “Escrow”). The Escrow will be deposited on
account and remain there until completion of all work related to the subdivision as outlined in
paragraph 3. The City reserves the right to apply any portion of the Escrow toward a delinquent
payment, emergency repair, or to apply final billing for planning, engineering or legal services
paid for by the City. The City shall return to the Developer all excess funds on deposit within 60
days after the completion of the warranty period for the Improvements.
25. Claims for Work. The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement,
for which reimbursement is expected from the City, unless such work is first ordered in writing
by the City Engineer as provided in the specifications. Any such work or materials which may
be completed or furnished by the contractor without such written order first being obtained shall
be at its own risk, cost and expense.
26. Surety for Improvements. For the purpose of assuring and guaranteeing to the City that
the Improvements shall be constructed, installed and furnished by the Developer as set forth in
paragraph 3 above, according to the terms of this Agreement, and to ensure that the Developer
submit to the City as-built plans as required in paragraph 10, and that the Developer pay all
claims for work done and materials and supplies furnished for the performance of this
Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable
letter of credit approved by the City (the “Surety”) in an amount equal to 150% of the total cost
of said Improvements estimated by the Developer's engineer and approved by the City Engineer.
Upon receipt of proof satisfactory to the City Engineer or designee that the work has been
completed and financial obligations to the City have been satisfied, the Surety may be reduced
from time to time at the City’s discretion, by up to 75% of the original amount. Twenty-five
7
percent (25%) of the original amounts certified by the Developer's engineer shall be retained
until: (1) all Improvements have been completed; (2) all financial obligations to the City
satisfied; (3) the required "record" plans have been received by the City; and (4) warranty period
for the following Improvements have expired and any necessary repairs have been completed:
A. The required warranty period for materials and workmanship for utilities including public
sanitary sewer, storm sewer, watermains, and repairs to the public street shall be two
years from the date of final written City acceptance of the work.
B. The required warranty period for trees and landscaping is two growing seasons following
installation.
C. The required warranty period for tree preservation shall be two growing seasons
following the completion of mass grading.
27. Summary of Surety Requirements. To guarantee compliance with the terms of this
contract, payment of special assessments, payment of the costs of all public and private
Improvements, and construction of all public and private Improvements, the Developer shall
furnish the City with a Surety in the amount of $310,971. The amount of the Surety was calculated
as follows:
Sanitary Sewer: 29,264
Watermain System: 31,050
Storm Sewer System: 15,956
Landscaping and Tree Preservation: 38,254
Street Restoration: 15,000
Grading and Erosion Control: 76,490
Setting Iron Monuments/Buffer Monuments: 1,300
SUB-TOTAL: 207,314
TOTAL (150% OF THE ABOVE): $310,971
This breakdown is for historical reference; it is not a restriction on the use of the Surety. The
bank shall be subject to the approval of the City Administrator. The City may draw down the
Surety, without notice, for any violation of the terms of this contract or if the Surety is allowed to
lapse prior to the end of the required term. If the required public Improvements are not
completed at least 30 days prior to the expiration of the Surety, the City may also draw it down.
If the Surety is drawn down, the proceeds shall be used to cure the default.
28. Insurance. The Developer shall maintain during the life of this Agreement, public
liability and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of their
subcontractors, or by one directly or indirectly employed by any of them. This insurance policy
shall be a single limit public liability insurance policy in an amount not less than $2,000,000.00.
The City shall be named as additional insured and the Developer shall file a copy of the
insurance coverage with the City. The certificate shall provide that the City must be given
written notice of the cancellation of the insurance per the terms of the policy.
Prior to commencement of construction of the Improvements, the Developer shall file with the
City a certificate of such insurance as will protect the Developer, his contractors and
8
subcontractors from claims arising under the workers' compensation laws of the State of
Minnesota.
29. Laws, Ordinances, Regulations and Permits. Developer shall comply with all laws,
ordinances, and regulations of all regulatory bodies having jurisdiction of the Property and shall
secure all permits that may be required by the following before recording the plat:
Minnesota Department of Health for watermains and well abandonment
National Pollutant Discharge Elimination System permits
Minnesota Pollution Control Agency for sanitary sewer and hazardous material
removal and disposal
Minnesota Department of Natural Resources for dewatering and work in protected
waters
Metropolitan Council Environmental Services for sanitary sewer connections
Watershed permits
City of Shorewood right-of-way permit, building demolition, and building permits
If the City determines that the plat does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer does comply. Upon the City’s
demand, the Developer shall cease work until there is compliance.
30. Local Sanitary Sewer Access Charges (LSSAC). Pursuant to City Code, the Developer
shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of
$3,600 ($1,200 for three lots) as local sanitary sewer access charges. Subsequent phases shall
pay LSSAC, based on the fees in effect at the time of filing of each final plat.
31. Municipal Water Charges. Pursuant to City Code, a $10,000 municipal water connection
charge is required to be paid for each lot, prior to the release of the final plat. The City shall
credit the Developer the cost of extending water mains from the outside boundary of the Property
to the front property line of each lot. In no event shall credit to the Developer exceed the water
connection charges paid. The Developer’s engineer has submitted cost estimates indicating that
the cost of the watermain for this subdivision will be under $40,000. As a result, the watermain
connections fee shall be $8,950.
32. Park Fund Payment. Pursuant to City Code, the Developer shall submit a total park
dedication payment of $19,500, ($6,500 per three lots) to be paid prior to the release of the final
plat.
34. Notices. All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices,
certificates and communications to each of them shall be addressed as follows:
9
To the City: Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
952-960-7912
planning@ci.shorewood.mn.us
To the Developer: Rob Sharot
Red Granite Construction, LLC.
580 Schommer Dr.
Hudson, WI 54016
612-597-6575
rob@redgraniteconstruction.com
35. Proof of Title. The Developer further agrees that all dedicated streets and utility
easements provided to City shall be free and clear of all liens and encumbrances.
36. Indemnification. Excluding any claims or liabilities caused by or arising from the
negligence or willful misconduct of the City, its employees, agents and contractors, the
Developer shall hold the City harmless from and indemnify the City against any and all liability,
damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from
or out of the Developer's performance and observance of any obligations, agreements, or
covenants under this Agreement. It is further understood and agreed that the City, the City
Council, and the agents and employees of the City shall not be personally liable or responsible in
any manner to the Developer, the Developer's contractors or subcontractors, materialmen,
laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand,
damages, actions or causes of action of any kind or character arising out of or by reason of the
execution of this Agreement or the performance and completion of the work and Improvements
hereunder.
37. Declaration of Covenants, Conditions and Restrictions. Developer shall provide a copy
of the Declaration of Covenants, Conditions and Restrictions for review and approval by the City
prior to recording.
38. Remedies Upon Default. In the event the Developer shall default in the performance of
any of the covenants and agreements herein contained and such default shall not have been cured
within thirty (30) days after receipt by the Developer of written notice thereof, the City may
exercise the following remedies:
A. Assessments. The City may cause any of the Improvements to be constructed and
installed or may take action to cure such other default and may cause the entire
cost thereof, including all reasonable engineering, legal and administrative
expenses incurred by the City to be recovered as a special assessment under
Minnesota Statutes Chapter 429. The Developer agrees to pay the entire amount
of such assessment within thirty (30) days after its adoption. The Developer
further agrees that in the event of its failure to pay in full any such special
assessment within the time prescribed herein, the City shall have a specific lien on
all of the Property for any amount so unpaid, and the City shall have the right to
foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens
under the laws of the State of Minnesota. In the event of an emergency, as
10
determined by the City Engineer, the notice requirements to the Developer
prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in
their entirety, and the Developer shall reimburse the City for any expense incurred
by the City in remedying the conditions creating the emergency.
B. Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of
credit delivered hereunder, to collect, pay, or reimburse the City for:
(a) The cost of completing the construction of the Improvements.
(b) The cost of curing any other default by the Developer in the performance
of any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
C. Legal Proceedings. In addition to the foregoing, the City may institute any proper
action or proceeding at law or at equity to abate violations of this Agreement, or
to prevent use or occupancy of the proposed dwellings.
39. Headings. Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
40. Severability. In the event any provisions of this Agreement shall be held invalid, illegal,
or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity
of the remaining Agreement.
41. Execution of Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original, and all of which shall constitute but one and the
same instrument.
42. Governing Law. This Agreement shall be construed and interpreted in accordance with
the laws of the State of Minnesota.
43. Successors and Assigns. It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives. The Developer may not assign this Agreement without the written
permission of the City Council. The Developer’s obligation hereunder shall continue in full
force and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
44. Third Parties. Third parties shall have no recourse against the City under this Agreement.
45. Recording. This Agreement shall run with the land and may be recorded against the title
to the Property. The Developer covenants with the City, its successors and assigns, that the
Developer has fee title to the Property being final platted and/or has obtained consents to this
Agreement, in the form attached hereto, from all parties who have an interest in the Property;
that there are no unrecorded interests in the Property being final platted; and that the Developer
will indemnify and hold the City harmless for any breach of the foregoing covenants.
11
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day and year first above written.
RED GRANITE CONSTRCTION, LLC. CITY OF SHOREWOOD
By: By:
Its: Its: Mayor
ATTEST:
By:
Its: City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ___day of ___________, 2021, before me, a Notary Public within and for said
County, personally appeared Jennifer Labadie and Greg Lerud to me personally known, who,
being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator of the municipal corporation named in the foregoing instrument, and that said
instrument was signed and sealed on behalf of said corporation by authority of its City Council,
and said Mayor and City Administrator acknowledged said instrument to be the free act and deed
of said corporation.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ________ day of
________________, 2021, by __________________________________ the
____________________________________ of Red Granite Construction, LLC. a Minnesota
Limited Liability Company on its behalf.
______________________________________
NOTARY PUBLIC
Prepared by:
Shorewood Planning Dept.
Shorewood City Offices
5755 Country Club Road
Shorewood, MN 55331
12
FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT
________________________________________, fee owners of all or part of the Property, the
development of which is governed by the foregoing Agreement, affirm and consent to the
provisions thereof and agree to be bound by the provisions as the same may apply to that portion
of the Property owned by them.
Dated this ____________ day of __________, 2021.
_________________________________________
By: ______________________________________
Its: ______________________________________
STATE OF ______________________ )
( ss.
COUNTY OF _____________________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2021, by ______________________________________________________.
________________________________________
NOTARY PUBLIC
13
MORTGAGE CONSENT
TO
DEVELOPMENT AGREEMENT
_______________________________________________________, which holds a
mortgage on the Property, the development of which is governed by the foregoing Agreement,
agrees that the Agreement shall remain in full force and effect even if it forecloses on its mortgage.
Dated this ______ day of _______________, 2021.
_________________________________________
By: ______________________________________
Its: ______________________________________
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2021, by ______________________________________________.
________________________________________
NOTARY PUBLIC
14
RESOLUTION 21-073
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A FINAL PLAT TO BE CALLED
EXCELSIOR WOODS FOR PROPERTY LOCATED
AT 20325 EXCELSIOR BOULEVARD
WHEREAS, Red Granite Construction, LLC. (the “Applicant”), has submitted a request for a
final plat of “Excelsior Woods” under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes; and
WHEREAS, the property is legally described as:
Lot 37, Auditor’s Subdivision No. 141, Hennepin County, Minnesota;
WHEREAS, the final plat is consistent with the preliminary plat, conditional use permit for fill and
variances approved for the subdivision on April 27, 2020, and
WHEREAS, a development agreement has been prepared as part of the final plat application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood:
1. The plat of Excelsior Woods for 4 lots to allow two twin-homes is hereby approved according
to the plans and materials submitted April 20 and 21, and May 10, 11 and 14, 2021, subject
to the conditions listed below.
2. The approval is specifically conditioned upon the terms and conditions contained in the
Development Agreement for the subdivision.
3. The Mayor and City Administrator are hereby authorized to execute the Development
Agreement on behalf of the City Council.
4. The final plat, development agreement and all related documents listed below, shall be filed
with Hennepin County, and as required by the Development Agreement.
5. Prior to release of the subdivision for recording the final plat, the Applicant shall submit the
information and revised plans consistent with the regulations in City Code, and as follows:
a. Revised homeowner association (HOA) documents that indicate maintenance
responsibility for the stormwater filtration basin, retaining wall, wetland buffers and buffer
monuments consistent with the conservation easement and the stormwater agreement.
b. Executed easements and agreements, including: 1) development agreement; 2)
conservation easements over the wetland buffers; 3) an encroachment agreement for
the retaining wall; and 4) a maintenance agreement over the stormwater basin.
c. Payment of the following fees: park dedication ($19,500); and local sanitary sewer
access charge ($3,600); and water connection charges ($8,950). The water connection
fee is calculated as $10,000 per lot minus the engineer’s estimate of the costs to install
the public portion of the watermain and service installation.
d. Submission of all required financial guarantees/escrow deposit as indicated in the
development agreement.
e. Approval of the hydrant locations from the Fire Marshall (Excelsior Fire District).
f. Any required permits from other agencies.
g. Revised construction management plan including, but not limited to, the haul route for
the material to be imported and increase the street cleaning to once per day while fill
material is being brought to the site.
h. Revised plans and other information consistent with the Engineer’s Memo dated June
16, 2021 and City Code, as follows:
1) Revise the plat to include: 1) drainage and utility easement over the wetland buffer;
2) right-of-way within 10 feet of the paved surface of St. Albans Bay Road in the
southeast corner of the property; and 3) adjust the drainage and utility easements
accordingly.
2) Revise the construction management plan to: 1) indicate the haul route consistent
with the approved conditional use permit (State Highway 7 through the Christmas
Lake Road intersection to Excelsior Boulevard and access the site from St. Albans
Bay Road); 2) correct the construction hours; and 3) propose a location for off-street
parking for the contractor vehicles.
3) Revise the plans to show a conforming amount of impervious surface coverage on
Lot 3.
4) Revise the landscaping plan to: 1) add (at a minimum) 2 additional trees as required
by the tree preservation policy; 2) increase the planting size of deciduous trees to 3
inches or add eight additional trees that meet the city’s requirements; 3) relocate the
trees a minimum of 10 feet from utility mains and private utility services.
5) Revise the grading plan/erosion control plan to: 1) indicate a double row of silt fence
to protect the wetland to the east during import of material and mass grading; 2) add
a note that ground cover shall be restored to disturbed areas within 7 days after
grading has been completed; and 3) add wetland buffer monuments. Monuments
may be consistent with City or Watershed design.
6) Revise the tree preservation plan to remove impacts to trees on adjacent properties
as may be needed or submit signed agreements from the affected property owners
granting permission for the removal. To be considered saved, no activity is permitted
within the drip line of the tree and fencing is required to be installed and inspected
prior to mass grading.
6. Prior to issuance of building permits, the Applicant shall submit or complete the following:
a. Submit proof of recording for the subdivision, including the resolution, easements, HOA
documents, and agreements.
b. Submit a soils report from a licensed professional engineer that indicates the soils
present on the site and brought in are adequate for the construction of the structures.
c. Install the wetland buffer monuments.
d. Install the public improvements and complete grading as directed in the development
agreement.
e. Acquire all permits for construction, including right-of-way permits.
7. The site shall remain in compliance with the city’s tree preservation policy until all
construction in the subdivision is complete.
8. Impervious surface coverage may not exceed 33 percent on any of the lots.
9. The final plat shall expire in 180 days if the Applicant has not recorded the final plat at
Hennepin County. The Applicant may request an extension to the approval subject to the
requirements of Section 1202.03 Subd. 2. f. (3).
2
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28 Day of
June, 2021.
___________________________
Jennifer Labadie, Mayor
ATTEST:
_______________________________
Sandie Thone, City Clerk
3
7G
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Request for Additional Time to Correct a Code Violation
Location: 20585 Garden Road
Property Owners: Gayle Eisert
Meeting Date: June 28, 2021
Prepared by: Emma Notermann, Planning Technician
Attachments: Inspection Photos
Violation Notice dated May 13, 2021
Written Request from Property Owner for Additional Time
Resolution Approving the Request
Background:
On April 26, 2021, the City received a complaint regarding the property at 20585 Garden
Road. According to the complainant, the property had a large accumulation of junk and
discarded materials on the property.
Property Inspections
Staff inspected the complainants’ concern on May 6, 2021. At that time, staff observed a
large amount of discarded materials all around the subject property. The items included
household items, construction materials, machinery, fallen tree limbs and other miscellaneous
trash and debris. The inspection photos are attached.
Staff notes that on June 23, 2021, little to no progress has been made to clean up the
property.
Enforcement Action
On May 13, 2021, staff sent out a notice of violation to the property owner regarding the
violation. The notice informed the property owner that they violated City Code 501.05 subd. 1
and City Code 501.05, subd. 9 by dumping and storing discarded items on their property. The
property owner was given until May 24, 2021 to correct the violation. Since then, staff has
received a request from the property owner for an extension to correct the violation.
Section 104.03 subd. 2 a. of City Code allows property owners the ability to request an
extension of 30 days from the City Council if the property owner is unable to correct or abate
the code offense within the prescribed time. The applicant has requested a time extension
until July 27, 2021 to complete the work necessary to resolve the violation.
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.
Recommendation / Action Requested: Staff recommends allowing the extension because
the property owners are in their 70s and need assistance to help them clean up the property
and dispose of the large amount of items.
Any action on this request would require a simple majority.
Next Steps and Timelines: Once staff has direction from the City Council on the additional
time, the next steps include:
1. Informing the property owner of their updated deadline
2. Inspecting the property after the deadline to ensure compliance
RESOLUTION 21-074
CITY OF SHOREWOOD
A RESOLUTION APPROVING A REQUEST FOR EXTENSION TO A CORRECT
CODE VIOLATION FOR PROPERTY LOCATED AT 20585 GARDEN ROAD
WHEREAS, the City of Shorewood sent a violation notice to Gayle Eisert (Property
Owner) regarding an accumulation of discarded items and debris in violation of City
Code on her property addressed as 20585 Garden Road; and,
WHEREAS, the Property Owner has requested more time to correct the violation as
allowed by Section 104.03 subd. 2 a. of the City Code; and,
WHEREAS, the City Council considered the appeal for additional time to correct the
violation at its regular meeting on June 28, 2021, at which time the Planning
Technician’s memorandum was reviewed and comments were heard by the City
Council from the Property Owner, staff and the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
CONCLUSIONS
1. The Property Owner has shown that the additional time is necessary to resolve the
violation.
2. The City Council hereby grants an extension to correct the violation, which expires
on July 27, 2021.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
th
this 28 day of June, 2021.
Jennifer Labadie, Mayor
ATTEST:
Sandie Thone, City Clerk
7H
MEETING TYPE
REGULAR
City of Shorewood Council Meeting Item
Title/Subject: Farm Animal Regulations (Chickens)
Applicant: City of Shorewood
Meeting Date: June 28, 2021
Prepared By: Marie Darling, Planning Director
Attachments: Chapter 705 of City Code (Farm And other Animals)
Background: The City Council directed staff to explore the following options and to
provide information on how other cities regulate farm animals:
1. Do other cities require neighbors to approve requests for chickens and other
farm animals?
2. Do other cities allow variances within their animal ordinances for the keeping
of animals?
Staff and the city attorney recommend against inserting a variance process within the
animal section of the code because 1) the process is costly and time-consuming for
both the applicant and the city and 2) variances should be used for a dimensional relief.
Other cities’ farm animal regulations only include the variance process if they are
included in the zoning regulations.
Staff researched the ordinances of several other cities, including Bloomington,
Chanhassen, Chaska, Deephaven, Eden Prairie, Excelsior, Minneapolis, Minnetonka,
Minnetrista, Mound, Plymouth, Shakopee, St. Paul and Tonka Bay.
The following cities do not allow chickens: Excelsior, Mound, and Tonka Bay. For
purposes of comparing ordinances, Deephaven and Minnetrista only allow chickens on
10 acre parcels or within the agricultural district. As a result, their regulations are not
compatible.
The following cities require neighbor approval: St. Paul (7-15 chickens), Shorewood
The following cities require neighbor notice: Chanhassen, St. Paul (1-6 chickens)
The following cities do not notice or approval: Bloomington, Chaska, Eden Prairie,
Minneapolis, Minnetonka, Plymouth, Shakopee
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.
Staff and the city attorney recommend removing the neighbor approval requirement
from the City Code because the basis for the neighbor approval could be subjective and
capricious. Objective standards are more appropriate when reviewing permits.
Staff requests Council direction on whether notification of neighbors should be required.
The City Council may want to consider when and where is it appropriate for chickens to
be allowed. Should they only be allowed on properties over a certain size? Should
there be a distance requirement between the coop/hive/hutch and adjacent dwellings?
Staff also recommends the Council direct a code amendment that requires farm animal
shelters be situated closer to the animal owner’s dwelling than to any of the neighboring
dwellings, similar to standard found in Bloomington’s Code.
Financial or Budget Considerations: Outside of publication and staff time to draft the
ordinance amendment, there is no additional impact to the budget related to this
ordinance amendment.
City of Shorewood Council Meeting Item
9A
Title/Subject: Flexible Work Arrangement Policy
Meeting Date: June 28, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Sandie Thone, City Clerk/Human Resources Director
Attachments: Proposed Flexible Work Arrangement Policy
Employee Survey Results: Flexible Work Arrangement Policy
Proposed FWA application, Resolution
Background:
Over the past year, most employers have implemented remote working arrangements
for their employees as a way to continue work during the pandemic. Both the League of
MN Cities and the International Public Management Associations for Human Resources
- MN Chapter recently sponsored webinars regarding returning to the workplace. An
overwhelming number of cities are considering adopting a formal flexible work
arrangement policy or already have and we too believe that we can implement policies,
tools, resources that can help the city to continue to attract top employees and improve
the employee experience. We believe strongly that improving the employee experience
ultimately benefits the city’s residents and partners.
Staff recently conducted a confidential online Employee Survey regarding Flexible Work
Arrangements (FWA), to better understand our employee’s desires and make them a
part of creating the best workplace solutions. The survey responses are included with
this memo. In summary 100% of employees surveyed support flexible work
arrangements and 100% responded they are interested in some sort of FWA, if
available in their position. 93% of employees stated it would increase their commitment
to the city and 86% said it improves staff morale and allows for a better work/life
balance. 79% of employees desired a compressed work week, 72% remote work days
(1-3 per week), and 58% a flexible schedule, or a combination thereof. Please review
specific survey responses for additional detail.
Shorewood has a Telecommuting and Remote Access Policy in Section 4 of its
personnel policy. The current policy does not address the many aspects of flexible work
arrangements and in the past, has not allowed employees the ability to occasionally
work from home. In addition, the flexible work arrangement was available to only a few
employees who had laptop computers that could be connected from home. It is highly
likely that to attract top talent in the future, some sort of flexibility in working hours is
going to be needed to continue to be an employer of choice.
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
There are some fixed standards that will not be ignored when considering requests:
1. Maintain the Monday thru Friday, 8:00 to 4:30 city hall schedule.
2. Maintain coverage at city hall for each day of the week for each department.
3. Remote working plans will not exceed one day per week for those on a
compressed schedule, or two days per week for non-compressed work
schedules.
4. For those on a compressed work schedule, when a scheduled workday falls on a
holiday, the employee must use vacation/personal leave/comp time (where
applicable) in an amount equal to the difference between their compressed
schedule for that day and eight hours.
A significant question regarding implementation of these policies is how to effectively
evaluate performance for remote work. Because this is an emerging trend following the
pandemic, there is not yet consensus on the measurements to be used. Staff is
involved directly with organizations working in this area and staff is working to develop
an effective performance evaluation for work done remotely.
Financial or Budget Considerations: Any costs for this program have already largely
been incurred when the city purchased computer hardware to allow employees to work
remotely during the pandemic.
Options: The city council can:
1. Not approve the proposed policy.
2. Amend the proposed policy in any way the Council determines and pass.
3. Pass the policy as submitted.
Recommended Action: Staff invites City Council recommendations for improving the
policy prior to passage.
Next Steps and Timeline: If approved, the City Administrator and City Clerk/Human
Resources director will present the policy to the city staff.
FLEXIBLE WORK ARRANGEMENT POLICY
Introduction
In recognition of the ever-evolving workplace, it is the policy of the City of Shorewood to provide flexible
work environments to eligible employees. The City of Shorewood supports workplace flexibility to
promote a highly productive work environment and recognizes that flexible work arrangements can help
the organization retain valuable employees and reduce turnover costs while also benefiting staff by
offering an alternative approach to completing work through non-traditional work hours and worksites.
To participate in this program, an employee’s work and responsibilities must be conducive to a flexible
work arrangement without causing disruption to performance, disruptions to fellow employee work
schedules, and/or service delivery. The employee is expected to perform all duties as assigned.
The policy is a business and workplace strategy. It is not an entitlement, it is not a city-wide benefit, and
in no way changes the terms and conditions of employment with the city, and outstanding service to the
public will remain paramount to how we work.
Options
Flexible work arrangement is an all-encompassing term that includes, flex time, a compressed work
week, or working offsite. Definitions:
Flextime: Agreed-upon starting and departure times that differ from the standard schedule for the
department, division, or work group, that typically occurs over a period of at least two months. Flextime
does not reduce the total number of hours worked in a given workweek. Flextime options include fixed
starting/ending times that change periodically or are fixed.
Compressed workweek: A traditional 40-hour workweek condensed into fewer than five workdays.
Working offsite: A regular, routine work arrangement that allows the employee to perform a portion of
their job outside City facilities. This type of arrangement specifies the number of hours and/or days to
be worked outside the office.
Criteria
To maintain a flexible work arrangement the following parameters must be met:
Employees requesting formal flexible work arrangements must have exhibited above-average
work performance.
The schedule for working offsite shall be defined by the supervisor in communication with the
employee.
Any flexible workplace agreement made may be discontinued, at any time, at the request of the
employee or the City.
Employees who work in a flexible workplace must conform to all City of Shorewood polices,
especially those relating to the use of City equipment, data privacy, and computer security.
Appropriate communication is expected with the employee’s supervisor and coworkers
regarding offsite arrangements. This communication includes the use and sharing of an
employee’s Outlook calendar, along with use of Cisco Jabber so coworkers are aware of an
employee’s availability.
General Guidelines
A. A flexible work arrangement is a business and workplace strategy, not an employee right or
universal employee benefit.
B. Because the probationary period is integral to employee development, probationary employees
will not be eligible for flexible work arrangements, unless there are extraordinary circumstances,
as determined by the Human Resources Director and the City Administrator.
C. A flexible work arrangement is not a substitute for dependent care, or other personal needs,
commitments, or requirements.
D. Flexible work arrangement requests are not the same as the occasional need for flexibility.
Flexible work arrangements generally last longer than two months and are a regular and
predictable part of the employee’s work schedule.
E. Not all requests will be accommodated and not all positions are appropriate for flexible work
options.
F. The operational needs of the department or work group cannot be compromised by flexible
work options.
G. Performance expectations remain the same regardless of the employee’s work schedule or
location.
H. Flexible work arrangements are not guaranteed or permanent.
I. The supervisor or city administrator may temporarily adjust work schedules or location as
needed to meet the operational needs of the work group.
J. When making decisions regarding flexible work arrangements, the impact on other staff
members should be considered. This includes, but is not limited to, coverage for each
department during regular City Hall hours will be maintained.
K. Customers and staff should not be adversely affected by a flexible work arrangement. A flexible
work arrangement may be discontinued if adverse effects arise.
L. Flexible work arrangements must follow the city’s information security and data policies as well
as all other city policies.
M. This policy is not designed to replace the temporary schedule deviations that the city and
employee manage from time to time.
N. Eight hours of pay is the maximum allowed per holiday. If a holiday falls on a day that an
employee is scheduled to work more than eight hours, the employee must use vacation or
personal leave to supplement the rest of the scheduled workday.
O. Meetings or trainings already established should not be rescheduled because of flexible work
arrangements.
P. Employees working offsite should be accessible as they would be in City offices. The
arrangement must be seamless to residents and customers.
Q. When working under a flexible work arrangement, travel to and from a city office for the
purpose of meetings or other work requirements are not considered eligible for compensation
and mileage will not be reimbursed.
R. The department head retains the right to require an employee to work onsite, even on days that
were previously approved for offsite work. This right shall only be exercised for specific dates
and times, and not regularly exercised.
S. The decision from the city administrator regarding a flexible work arrangement shall be final and
not appealable. Nothing prevents the employee from submitting future flexible work
arrangement requests.
T. Failure to comply with any of the provisions of a flexible work arrangement agreement or this
policy will result in the immediate termination of the agreement and may be grounds for
discipline.
U. All Flexible Work Arrangements will be done on a trial basis as determined by the Department
Head.
Working Offsite Guidelines
The work area should be suitable to complete work assigned, safe, ergonomically appropriate,
and located in a space where the employee can conduct business professionally. Employees that
work offsite must have internet access with enough bandwidth to reliably connect to the city’s
VPN.
Equipment, software, or other supplies provided by the City of Shorewood remain the property
of the City and are subject to the same business use restrictions as if located at the employee’s
primary work site. No personal software may be loaded on City-owned equipment.
All city provided equipment must be used for City business only and must be used exclusively by
the employee.
The City will provide maintenance, repair and replacement of City-owned equipment and
software.
Office furniture/equipment provided by the employee will be at no cost to the City and will be
maintained by the employee.
The internet service needed by the employee to work remotely will need to be procured by the
employee and at no cost to the City. Issues with the internet service shall be resolved through
the internet service provider and not the city’s IT vendor.
Provisions of the Minnesota Government Data Practices Act and data privacy policies must be
followed when performing work at a remote location. Employees will be expected to ensure the
confidentiality and security of all City data assessed from or transported to the offsite location.
The City of Shorewood shall have no liability to third parties for injuries or property damage
occurring at the employee’s home. The employee will remain responsible for such injuries and
damages and should consult with their homeowner’s or renter’s insurance agent to protect
themselves.
Employees are responsible for submitting claims for stolen or damage city-owned equipment to
their personal insurance company and for filing a police report with their local police
department. The employee shall promptly notify their city supervisor of any such claim.
The employee is responsible for establishing a safe and secure work environment. However, if
the employee sustains an injury during the course and scope of performing assigned work
responsibilities, the City of Shorewood may provide workers’ compensation benefits subject to
review of the injury and applicable law. The employee is obligated to provide prompt notice of
an injury.
In accordance with the Occupational Safety and Health Administration (OSHA) Home Worksite
Directive, OSHA will not hold employers liable for employee’s home offices, and there is no
expectation that the City will inspection the home office of their employees. The City, however,
retains the right to visit the site are to determine if it meets the safety standards. Such visit will
be scheduled with a minimum 24- hour advance notice.
FLEXIBLE WORK ARRANGEMENT PROPOSAL FORM
Complete this form and provide to Department Head.
Name: _______________________________ Date Submitted: ___________________
Title: ________________________________ Dept: ___________________________
Type of Flexible Work Arrangement being proposed:
☐ Flextime ☐ Working Offsite ☐ Compressed Workweek
Length of Request _____________________
Prior to submitting this proposal, I have reviewed the City’s Flexible Work Arrangement
Policy. I understand that the City of Shorewood is not obligated to approve the
proposed flexible work arrangement for any employee. I understand that the decision
to approve my proposal is at the discretion of my Department Head in consultation with
the City Human Resources Director and City Administrator. I understand that if my
proposal is denied I will be provided with a written explanation.
__________________________________________________
Employee Signature Date
PROPOSED WORK ARRANGEMENT
Week 1 Week 2
Start-End Total Location Start-End Total Location
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
WORK RESPONSIBILITY DETAILS
Employee/Department Head – list any potential concerns with any of the following:
Impact on customers, co-workers, supervisors, departments, etc.:
Potential distractions of working offsite:
How performance and productivity will be assessed:
Description of City equipment that will be used if working offsite (model number, maker, etc.)
DETERMINATION
☐ Request approved
☐ Request denied; explanation:
AGREEMENT
Flexible work schedules are subject to ongoing review and may be terminated at any time for
any reason or no reason at all. The supervisor and the employee will endeavor to provide at
least 30 days’ notice prior to ending or changing an approved arrangement. Certain City or
personal needs may necessitate less advanced notice. In some instances, a resumption of the
original schedule may no longer be possible, and alternatives will be considered. Upon
termination of a Working Offsite agreement, all City-owned or provided equipment will
immediately be returned to the City unless other arrangements have been made with the City
Administrator.
__________________________________ _________________
Employee Signature Date
__________________________________ ________________
Department Head Date
__________________________________ ________________
Human Resources Director Date
__________________________________ ________________
City Administrator Date
Trial Period: Arrangement will be reviewed on ______________________
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-075
A RESOLUTION UPDATING THE SHOREWOOD EMPLOYEE HANDBOOK AND
PERSONNEL POLICY AS IT PERTAINS TO TELECOMMUNTING AND REMOTE ACCESS
WHEREAS, the City of Shorewood regularly reviews the Shorewood Personnel Policy for
compliance with local, state and federal regulations and best practices; and
WHEREAS, the latest review revealed outdated language in the Personnel Policy Section 4.
Telecommuting and Remote Access, reprinted below;
Section 4. Telecommuting and Remote Access
a. The City provides employees the ability to connect remotely to the worksite to access
their e-mail and documents from home or other remote location. The City provides this
access for the convenience of the employee, to provide added work schedule flexibility
when needed, and other related benefits.
b. Employees who wish to telecommute must propose a schedule with their supervisor and
obtain approval of the city administrator before the telecommuting begins. The schedule
shall not be for more than three (3) days per week and shall not affect services provided
to the public if the position provides direct customer service.
c. The employee is responsible to provide their own internet access and shall follow all the
provisions of this policy while telecommuting. A department head who chooses to work
from home and who has a mobile communications device shall forward their office
phone to their mobile phone for that day.
d. A non-exempt employee who is on vacation or home on sick leave, is not expected to
access their e-mail or files and work from home during this period. Working from home
while on sick leave does not constitute a regular day and will be counted as a sick day.
e. The city may monitor and track employees who telecommute with or without their
knowledge.
f. An employee who uses their personal computer to connect to the City’s secure network
to access from home or telecommute, are required to maintain current anti-virus
software and shall not retain government data on their personal computer.
g. The City Administrator may terminate an employee’s remote access and telecommuting
schedule at any time and for any reason.
And,
WHEREAS, the City of Shorewood has proposed current language and guidelines in its Flexible
Work Arrangement Policy that cover aspects of this section that remain relevant and better
served in the FWA policy than in the Employee Handbook/Personnel Policy,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that
Chapter 4, Section 4 Telecommuting and Remote Access, is hereby repealed and removed from
the Shorewood Employee Handbook/Personnel Policy.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of June
2021.
__________________________
Jennifer Labadie, Mayor
________________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-076
A RESOLUTION APPROVING FLEXIBLE WORKPLACE ARRANGEMENT POLICY
WHEREAS, the COVID-19 pandemic created working situations that were unprecedented; and,
WHEREAS, it is anticipated that many of the changed work arrangements will be in a factor that
current and future employees will evaluate when considering applying to the city for a job, and
the city will have to have a policy in order to be competitive when employees are looking at jobs;
and,
WHEREAS, the council finds that a flexible workplace arrangement policy benefits both the City
and the Employee; and,
WHEREAS, the City of Shorewood previously had a policy that allowed limited circumstances
for employees to work remotely, but the policy was outdated and was repealed; and,
WHEREAS, staff has reviewed what other cities and jurisdictions have adopted as the proposed
policy has been developed,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood that:
1. The Flexible Work Arrangement Policy is hereby adopted.
2. An update report about the use of the Policy be provided within six months of this Resolution
being adopted.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of June
2021
__________________________
Jennifer Labadie, Mayor
________________________________
Sandie Thone, City Clerk