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07-26-21 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 26, 2021 7:00 P.M. 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. Pledge of Allegiance B. Roll Call Mayor Labadie___ Siakel___ Johnson___ Callies___ Gorham___ C. 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 July 12, 2021 Minutes B. City Council Regular Meeting Minutes of July 12, 2021 Minutes C. City Council Special Meeting Minutes of July 15, 2021 Minutes D. Approval of the Verified Claims List Claims List E. Appointment of: Administrative Assistant City Clerk/HR Director Memo F. Approve Final Payment for 2021 Pavement Marking, Engineer Memo City Project 21-04 Resolution 21-078 G. Accept Improvements and Partial Release for Minnetonka Engineer Memo stndrd Country Club 1, 2 and 3 Additions, City Projects 14-13, Resolution 21-079 15-06, and 16-04 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. 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 Huskins on 07-06-21 Planning Commission Meeting Minutes B. Variance to a side yard setback Planning Technician Memo Applicant: Kimberly Poe Resolution 21-080 Location: 23320 Park Street C. Minor Subdivision/Lot Line Adjustment Planning Technician Memo Applicant: Todd Cebulla Resolution 21-081 Location: 19210 Waterford Place & 5520 Vine Hill Road D. CUP for a fence Planning Technician Memo Applicant: Jacob Gustafson and Allison Spies Resolution 21-082 Location: 4865 Ferncroft Drive E. Sign Ordinance Amendments Planning Director Memo Ordinance 581 Resolution 21-083 8. ENGINEERING/PUBLIC WORKS A. Strawberry Lane Design Parameters, Engineer Memo City Project 19-05 Resolution 21-084 B. Approve Plans and Specifications and Authorize Advertisement for Bids Engineer Memo for Covington Road Watermain Improvement, City Project 21-07 Resolution 21-085 C. Reject Bids for Lift Stations 7 and 10 Rehabilitation Project, Engineer Memo City Project 20-12 Resolution 21-086 9. GENERAL/NEW BUSINESS A. Urban Farm Animal Ordinance Discussion Planning Director Memo 10. STAFF AND COUNCIL REPORTS A. Staff 1. Second Quarter 2021 General Fund Report Finance Director Memo 2. Second Quarter 2021 Investment Report Finance Director Memo B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, JULY 12, 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, Siakel, Gorham, and Callies; City Attorney Keane; City Administrator Lerud; Planning Director Darling; Director of Public Works Brown, and City Engineer Budde. Absent: None B. Review Agenda Siakel moved, Gorham seconded, approving the agenda as presented. Motion passed 5/0. 2. SMITHTOWN ROAD DEVELOPMENT PROPOSAL Location: 24560 Smithtown Road Planning Director Darling explained that the City had received a Development Proposal for 24560 Smithtown Road which is a vacant parcel near City Hall. Mark Kaltsas, 6015 Cathcart Drive and Adam Schultz, 26030 Valleywood Lane, property owners of 24560 Smithtown Road, presented their development proposal for this property. Mr. Kaltsas stated that both he and Ms. Schultz live in Shorewood and have a side hobby company for development and re-development with all their current development properties located in St. Paul. He stated both of their in-laws were looking for a retirement type product in the area that was obtainable for “normal” people. Once they considered the zoning, which is Commercial, look at the Comprehensive Plan and the Smithtown Road corridor plan they felt that this property would be a good transition zone between a commercial corner and low density residential. He stated that they are not big national developers and would like to do something that makes sense for them as well as the City. He stated that they are looking to get feedback from the Council on their ideas before it moves too far forward with this property and the City-owned property in the area. He stated that their proposal is just an idea at this point. He stated they would like to create a product that looks and feels like a single-family but is a bit higher density as it is guided by the Comprehensive Plan. He stated that the proposal is for a detached eight-unit project with carriage homes and shared some of the design details that they hoped to include. He stated that they would like to have a dialogue with the Council to see if their idea is anything that even interests the City before they proceed. Councilmember Callies stated that she feels the City has been in conflict around these parcels because right now it is guided towards Medium Density residential and is zoned Commercial and those two things should be consistent. She stated that it is not clear to her which direction the City would like to go with these parcels and suggested that it may call for more study as to what CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES JULY 12, 2021 Page 2 of 4 the City would like. She stated that that it is possible that either Commercial zoning or Medium Density is not appropriate for this location. Councilmember Callies stated that she likes the idea of obtainable housing, but right now, it is not zoned for that purpose. Councilmember Siakel stated that she also contacted Planning Director Darling with the same question. She stated that she does not have an objection to developing the property because they have that right. She stated that when Smithtown Crossing was looked at, there was kind of direction to not develop it in a piecemeal fashion, however that is sort of what is happening. She stated that Mr. Kaltsas and Mr. Schultz are coming in and asking for just this one piece but that is problematic because there is so much more around it. She stated that she has always viewed this as coming together for one project. She stated that while she feels they have the right to develop the property, she does have an issue with the density and feels it is too much. She made a suggestion to City Administrator Lerud that it may be a good idea for Mr. Kaltsas and Mr. Schultz to meet with people in the area to get an idea of what has transpired in the past so they have a feel for the situation. She stated that she is not ready to say that she supports one thing or the other tonight. Mr. Kaltsas stated that they looked at the guidance plan for the Smithtown Road corridor. Councilmember Gorham stated that the hope is for this to be a cohesive unit. He asked about the discussions with the business owners around the corner. Mr. Kaltsas stated that they are not large-scale developers and noted that they had a conversation with the Legion and believes that their long-term plan is to exit or re-develop in some manner. He stated that he thinks there is a commercial corner and then a transition so the commercial doesn’t come all the way into the residential neighborhood. He stated that he thinks there can be a vision, but still complete the project in phases and still arrive at a cohesive development. Councilmember Callies stated that she really does not see where the Council is going with all of this from a City standpoint. She asked if the Council should consider a development moratorium to look more closely at this situation for the Zoning and the Comprehensive Plan to match more closely. Planning Director Darling stated that the Comprehensive Plan is being amended and should be ready for review at the next Planning Commission meeting but noted that nothing with this property is different than was originally approved. Councilmember Siakel asked if the Council could allow the public to speak. Mayor Labadie asked if there was anyone from the public who would like to speak to this proposal. Therese Ciaccio, 5655 Christopher Road, stated that she has lived on Christopher Road for almost twenty years. She stated that she thinks it is essential that there be some thought put into how they want things as a community, because once something is built it cannot be changed. She stated that one of the things she likes about Shorewood is the proximity to downtown Minneapolis and Excelsior, but yet the area makes it feel like they are on vacation. She stated that when her family comes to visit, they cannot believe the beauty of the area, with larger lots and wildlife. She stated there is a wonderful senior living facility that has been built at the old Hill Top area. She stated that she would like to see the space the way it is but would like to know, CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES JULY 12, 2021 Page 3 of 4 since it is zoned Commercial, what types of interest there is from commercial developers. She questioned whether there was something that would fit in and be something where neighbors could walk to and get a bite to eat. She asked if the City was being specifically asked to have higher density housing and whether they would be fined if they did not do it. Planning Director Darling explained that the Metropolitan Council reviews the City’s Comprehensive Plan and they do require that there are a certain number of acres set aside for higher density homes. She stated that they assigned the City forty-eight units of affordable housing to be developed between now and 2040. Ms. Ciaccio asked if the City built high density housing if the City would benefit financially and if not would they be penalized. Planning Director Darling stated that there would be penalties. Councilmember Siakel stated that the Council has had quite a few projects come before the City but it has been before the property was purchased, which is why this one is different. She stated that, in her opinion, there is nothing that says that the City has to allow more density or that this site has to allow for more density. Ms. Ciaccio stated that she does not want to see anything high density in this area and mentioned the wetlands in the area and how that could adversely impact the wildlife. She stated that she hopes that all sides can come together and develop this is in a way that will benefit everybody. Scott Zerby, 5680 Christopher Road, stated that the study referenced earlier was about ten years ago and he does not recall there being resident involvement with the study. He suggested that the study be refreshed and that a citizens committee or some type of joint committee with the Planning Commission be formed to get more citizen involvement, especially from residents in the area. He stated that a lot has changed since when the study was originally completed and gave the example of the golf course, Tonka Bay apartments and the Smithtown sidewalks. Councilmember Callies stated that she feels that the Council needs to take some steps to provide some closure on this item. She stated that she agrees that it needs more study and reiterated her suggestion for a development moratorium on this property. Councilmember Siakel stated that she feels there needs to be a lot more dialogue between the property owners about their proposal and the surrounding communities. She stated that she is unsure about a moratorium. Councilmember Callies noted that this property is guided for Medium Density residential and from what some residents have shared, they think that is too much. She stated that perhaps something needed to be done similar to what was done with the Country Club. Councilmember Johnson agreed but noted that he did not think it would need to be that extensive and suggested something that could be done at half that scale. Mayor Labadie stated that she feels the best way to do this is to continue a dialogue and bring it forward another time. She stated that she thinks that the discussion tonight was a great step forward and also believes the best way to do it is in some sort of public forum so everyone feels their voices are being heard. She suggested that perhaps there be an Open House type format for the next step. Councilmember Siakel asked if there needs to be a moratorium on building as suggested by Councilmember Callies. She stated that she feels like something is missing in this process even though she thinks the community meeting is a good idea. Councilmember Callies stated that they CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES JULY 12, 2021 Page 4 of 4 would want to hold the neighborhood meetings as part of the study prior to adopting the Comprehensive Plan. She suggested that the Planning Commission may want to hold off discussing the updated Comprehensive Plan until this issue is taken care of. Planning Director Darling noted that she would speak to the consultants and perhaps this area can be identified as a study area moving forward. She suggested that the area from the corner all the way back to the properties that abut Christopher Lane be included in the study area. Mayor Labadie gave an overview of how this issue can be addressed without delaying everything in the City or the whole Comprehensive Plan. She stated that there will be an Open House scheduled at some time in the future which will be posted on the City website and assumes notice would be sent to residents within a certain perimeter as well. 3. COVINGTON WATERMAIN Public Works Director Brown stated that on June 22, 2021, staff commenced a repair for a leaking watermain near the eastern entrance of Vine Ridge Road and Covington Road. He stated that when they dug down, they determined that the watermain was in a very fragile condition. He stated that they were able to get the leak down to basically a pinhole size but were not able to stop it entirely. He stated that they were aware that this area has been known to have hot or acidic soils so they have taken extra steps when they have worked in the area to put in cathodic protection to protect the hardware. He stated that there are at least eight hundred and fifty feet that will need to be replaced. Staff has looked at the various alternative methods for this replacement and is recommending that it be replaced by using a technique called “pipe bursting”. He stated that even though this is an unplanned repair, it does need to happen this fall so it does not create a larger problem next winter. Councilmember Callies asked why this was not on the agenda to take action, since it sounds like it is necessary. Public Works Director Brown explained that staff wanted to make Council aware of it and not assume that they would support it. He stated that Bolton and Menk still needs to put together a design for this project which will then be brought back to the Council for action. Councilmember Gorham asked how much time the City bought with the temporary fix down to a pinhole leak. Public Works Director Brown stated that he would say once this is awarded, the contractor should be able to do the work within about a week or so. City Engineer Budde stated that he thinks the biggest challenge will be lead material on pipes. 4. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Work Session Meeting of July 12, 2021, at 6:57 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, JULY 12, 2021 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:06 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, Callies, and Gorham; 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: None B. Review Agenda Callies moved, Johnson seconded, approving the agenda as presented. All in favor, motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Johnson moved, Gorham seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of June 28, 2021 B. Approval of the Verified Claims List C. Accept 2021 Hennepin County Recycling Grant, Adopting RESOLUTION NO. 21-075, “A Resolution Accepting 2021 Hennepin County Residential Recycling Grant.” D. Establish Moratorium on Dog Breeding, Adopting ORDINANCE NO. 579, “An Interim Ordinance Prohibiting Acceptance or Consideration of Applications for Dog Breeding Kennels and Operations.” All in favor, motion passed. 3. MATTERS FROM THE FLOOR Bill Johnson, 6135 Cathcart Drive, stated that he wanted to speak to the Council about traffic safety issues with joining onto Highway 7, especially during rush hour. He stated that during rush hour, it is very difficult to even get onto that road. He stated that there was an unfortunate incident CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 12, 2021 Page 2 of 8 recently with a young man who passed away after a car/motorcycle accident, which compelled him to come to the Council and urge action for some traffic control. He stated that his daughter will be turning sixteen in November and will be a new driver and would like to ensure that she and all drivers stay safe when they are joining traffic. He asked the Council to do whatever they can to address this issue. Mayor Labadie agreed that the recent accident was tragic. She stated that she has drafted a letter that is posted on the City website and urges residents of Shorewood to contact three individuals with these same kinds of concerns: Senator Dave Osmek; Representative Kelly Morrison; and the Commissioner of Public Transportation. She noted that she has also been in contact with other local mayors and received a letter of support from the Mayor of Greenwood in support of the City’s efforts to gain traffic improvement along the Highway 7 corridor. She stated that she knows that the City of Excelsior is currently discussing this matter and the City of Chanhassen is also putting this item on their agenda for discussion. However, these would merely be letters of support for the efforts of the Council and explained that Highway 7 is a State highway. Without cooperation from a State agency, there is very little the City can do. She stated it was important for residents to contact the people who need to hear those voices. She stated that resident voices are being heard by the Council and their sentiments are felt and echoed by this Council as well as neighboring Councils. Councilmember Siakel stated that it is very important that the public goes above and beyond the City to speak their minds because in the past, when it has just been the City speaking to the State agencies, it seems to have fallen on deaf ears. She stated that the more people in the community who write letters and voice their opinion the better because the City cannot do it on their own. Councilmember Callies stated that Margaret Anderson-Kelliher did respond to the letter which she thinks is a good sign, but believes it is important for the Council to keep this on their agenda. Mayor Labadie stated that Representative Kelly Morrison is also in complete support and is trying to be an advocate for the Highway 7 corridor improvements. She reiterated her encouragement for people to reach out to the individuals she mentioned earlier. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING A. Approve Final Plat and PUD Final Plan for Walnut Grove Villas Applicant: Stoddard Companies Location: State Highway 7 between Eureka Road and Seamans Drive Planning Director Darling reviewed the Final Plat and PUD Final Plan for Walnut Grove Villas. Staff has found that they are both consistent with the previous approvals. She reviewed a few of the things that have changed since the Council has seen it such as the name change from The Villas at Shorewood Village to Walnut Grove Villas, and the berms proposed on the south end of the development have been removed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 12, 2021 Page 3 of 8 rd Bill Stoddard, 443 Street Excelsior Boulevard, stated that he was available to answer Council questions. Councilmember Gorham asked if the berms were originally planned as a sound buffer. Planning Director Darling noted that they were not tall enough to impact sound. Mr. Stoddard stated that once they had been out to the site again as part of putting together their plans, they determined that there would be more of a buffer by leaving what is currently there than putting in a berm. Councilmember Gorham asked about sidewalk connections to the park and about the lighting plans. Mr. Stoddard stated that there will be a sidewalk connection to Seamans and a sidewalk on the north side of the proposed road. He noted that they will also be adding a turn lane along Eureka into the project and stated that there will be bollard lighting on the sidewalk side. Callies moved, Johnson seconded, Adopting RESOLUTION NO. 21-072, “A Resolution Approving a Final Plat for Walnut Grove Villas for Property Located North of Highway 7 Between Eureka Road and Seamans Drive.” All in favor, motion passed. B. Approve Extension for Code Compliance at 21035 Radisson Road Planning Director Darling explained that the City had received a complaint that there was a dock installed on a parcel of property that had no home and was just a narrow strip between two other properties. She stated that the property owners would like some additional time so they can go back through old approvals of docks back when the City approved non-conforming uses by Council action. Gorham moved, Siakel seconded, Adopting RESOLUTION NO. 21-076, “A Resolution Approving a Request for an Extension to Correct a Code Violation for Property with Parcel ID 3511723110050 Located East of 21035 Radisson Road.” All in favor, motion passed. 8. ENGINEERING/PUBLIC WORKS A. Accept Quotes and Award Contract for Shady Island Forcemain Replacement, City Project 21-02 City Engineer Budde explained that the City identified that the heat tape on the forcemain that serves about thirty residents on Shady Island was found to not be working. He stated that the forcemain itself was near the end of its useful life, so staff recommended replacement. He stated that the City received two quotes for this project with the low bidder being Minger Construction. He explained that this project was not included in the Capital Improvement Plan but could be paid for from the available funds within the Sanitary Sewer Fund. Staff recommends approval of awarding the project to Minger Construction. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 21-077 “A Resolution to Award Low Quote for Shady Island Forecemain Repair.” All in favor, motion passed. 9. GENERAL/NEW BUSINESS A. Freeman Park Buckthorn Removal Plan CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 12, 2021 Page 4 of 8 City Administrator Lerud explained that the City received a DNR grant to assist with the removal of buckthorn on an 18-acre area in Freeman Park. The Council had asked staff to research alternatives for removal that did not include application of herbicide. He reviewed the options and what treatment would be necessary. Staff is recommending proceeding with the alternative bid from MN Native Landscapes. Councilmember Callies commended staff for looking into alternate and creative solutions. Councilmember Siakel asked questions about the differences between the proposals from Tree Trust and MN Native Landscapes. Public Works Director Brown explained that when a forestry mower is brought in, it creates a shredded product and will help some of the germination because it will cover the ground. The City will work with the contractor to ensure that they are not removing trees that the City would like to see remain. Councilmember Siakel stated that the goal is to remove as much buckthorn as possible and would like to see it done in the least invasive way. She stated that she also does not want to be talking about this in five years and asked if there was something more aggressive the City could do to deal with the problem. City Administrator Lerud noted that the DNR has said that they are fine with any of the options presented tonight. The Council discussed the importance of communicating the City’s plans for buckthorn management to the public, clearly laying out the plans, and that this action will be part of the City’s tree preservation and management plan. Councilmember Siakel stated that it is very important that people understand that the City is not just in Freeman Park mowing down trees. She stated that she wants to make sure that the City gives out the information on this management plan because people can invent their own reality. She suggested that there at least be something included in the newsletter. Councilmember Johnson stated that he would suggest that there be actual signs posted in Freeman Park. He shared his concern that there are no members of the public present tonight to discuss this issue. Public Works Director Brown stated that the City can post signs that has a summary and then can point them to the website that has more detailed information. Councilmember Johnson suggested that the signs be posted before any of the work proceeds. The Council discussed the option of leaving a buffer or the possibility of investigating some other native type landscaping to serve as a buffer. They discussed allocating funds in future budgets towards Freeman Park and continued management of the buckthorn. Siakel moved, Johnson seconded, Approving the bid from MN Native Landscapes to forestry mow the entire area, then broadcast the buckthorn replacement mix, use goat browsing over two years to manage regrowth, and direct staff to bring back a plan for the following three years of management/creation of a reforestation plan. All in favor, motion passed. B. Bond Sale Results CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 12, 2021 Page 5 of 8 Finance Director Rigdon introduced Shannon Sweeney of David Drown Associates to share the details of today’s bond sale results. Shannon Sweeney, David Drown Associates, explained that the purpose of the bonds is to fund the Smithtown Pond Trail; Glen/Amlee/Manitou; Sweetwater Curve; and the 2021 Mill and overlay projects. The City received an AA+ credit rating with a stable outlook which is about as good as it can get. There were three bids received today with the lowest submitted by Northland Securities at a net interest rate of 1.2884%. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 21-078, “A Resolution Awarding Sale of $4,325,000 General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2021A, Fixing the Form and Specifications Thereof, Providing for their Execution and Delivery, and Levying Taxes and Providing for their Payment.” All in favor, motion passed. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Spring Clean Up City Administrator Lerud stated that the Spring Clean-Up day was very busy and Keely Schultz, GreenCorps had put together some of the numbers and data for the Council to see. Mayor Labadie thanked staff, Council and community members who volunteered at the event. Other City Engineer Budde stated that the Glen/Amlee/Manitou project is moving along nicely. Planning Director Darling expressed her appreciation to everyone who attended the Badger Park Grand Opening event. She stated that there were about 250 people in attendance and thinks that the public had fun at the event. She stated that Music in the Park will be held on July 22 with music from 6:30 p.m. to 8:00 p.m. and is an ‘all-age’ performance with a country/rock band. She noted that the City has begun issuing permits through the management software that the Council recently authorized but have not yet allowed the public to access the portal. She expressed staff’s appreciation to Council and noted that they are all very excited about using the software. City Attorney Keane gave an overview of the Ugorets/Timber Lane complaint that named individual Councilmembers as defendants. He stated that they have tendered the defense of this to the League of Minnesota Cities Insurance Trust who has accepted and assigned Sarah Schwie, who is an experienced defense litigator to this matter. He noted that he has been in communication with her and noted that the individuals named do not need to mount their own defense and will all be handled by the Insurance Trust. He explained that she is currently on vacation but has indicated that she will swiftly seek dismissal of the individual defendants because the grievance is with the actions of the City Council and not the individual Councilmembers. He stated that on a different matter, last Friday, the City received transmittal of an order from Hennepin County District Court in the matter of the Howards Point dock enforcement proceeding. He stated that there is an injunction prohibiting installation of a dock on the subject property and a court order for the removal of the dock that is currently in place. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 12, 2021 Page 6 of 8 Councilmember Callies clarified that they had not just voluntarily removed the dock. City Attorney Keane stated that as of earlier today it had not been removed. He stated that if it was not taken down by the end of the week, they intend to communicate to the defendants that the order to remove was very clear. He commended the judge for the clarity of her order and the sixteen-page memorandum that she wrote in support of the order. He stated that a somewhat obvious question is whether this ruling is appealable, and the answer is, yes, but he was heartened by the thoroughness of the judge’s analysis. Councilmember Siakel asked if there was an appropriate amount of time where the City should allow these people to find a place for their boat and remove the dock. City Attorney Keane stated that given the directness and clarity of the judge’s order, he believes immediate removal would be a consistent interpretation of the order. He stated that he believes giving them a week is a reasonable amount of time for them to respond. Councilmember Siakel stated that there have been many comments from the public around legal fees and asked if there is a recourse or a time limit on a decision to pursue recapturing some of the legal fees associated with this. City Attorney Keane stated that there can be a motion to recover costs, but legal fees are not included. He stated that costs would be things like court costs, transcripts, and other incidental costs. City Administrator Lerud reminded the Council that there will be a Special Council meeting on July 15 for prosecutor interviews beginning at 6:30 p.m. and noted that one of the parties has dropped out. B. Mayor and City Council Councilmember Siakel asked if, following the census the City would be required to update City signs with the correct population. Planning Director Darling stated that it will be required, but not until the census department releases the new population numbers. Councilmember Siakel referenced the e-mail that the Council had received regarding pedestrian type signage and suggested that when the City gets to that point and needs to update the signs following the census, that they also investigate this type of signage in various areas of the City. Councilmember Callies stated that she is not sure that the City should have signs that say things like, pedestrians stay to the left or watch out for pedestrians because that is something they should take personal responsibility for. Councilmember Siakel stated that she does not think the entire City needs them but feels there may be some areas of the City where extra signage may be appropriate. She stated that with relation to the deer population whether the City could maximum the weekends that the City allows bow hunters in because there have been a lot of deer running through the area. Councilmember Callies stated that she and Councilmember Siakel were at the Fanfare of the Commons which had a great turnout. She stated that it was a well put together event. Councilmember Siakel stated that she would like to make a comment relating to fireworks. She stated that, in her opinion, the problem is that the City gives money to the Chamber without any follow-up or direction, and they just use it however they want. She stated that she was very CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 12, 2021 Page 7 of 8 disappointed that the fireworks were moved. She stated that she had the benefit of being able to be out on a boat with her family, but not everybody has that option. She stated that she went to the Chamber website and looked at their budget numbers and would like to know what kind of donation they received from this person that warranted taking a tradition that should be celebrated by all people and basically ended up taking public funds and creating a private fireworks display. She stated that she thinks the City needs a policy for how it gives money to the Chamber and for what it expects in return. She stated that the City gave the Chamber Covid relief money and a donation for the fireworks and in return, the City did not get one thing for it. She stated that she feels the public should be outraged by this. She reiterated that she feels their actions were despicable and would like there to be guidelines for how the City gives money to the Chamber. Councilmember Gorham stated that the press release was what really upset him. He stated that he felt it was bad enough that public money was taken to use for a private fireworks event because once you accept taxpayer money, you have a responsibility, and they showed no ownership of that responsibility. He stated that with the press release, not only did they not accept any blame for making a unilateral decision with public funds, that was not an equitable decision, but made it seem like it was everyone else’s fault for not donating. Councilmember Siakel stated that she thinks this is worth discussing because it was a wrong thing for them to do. Councilmember Gorham questioned whether the Chamber individuals understand what responsibility they have with public money. Councilmember Siakel asked staff to come back to the Council with direction on working with the Chamber and some guidelines about how the City will contribute money in the future. Councilmember Johnson stated that when the Chamber was in front of the Council there was a conversation about how they would make sure that residents of the towns that donate got priority to see the fireworks. He stated that when he found out about the venue change, he was also livid. Councilmember Siakel reiterated that she just thinks there needs to be direction on when the Council gives money and stated that in this case, there is no accountability, which she does not feel is right. Councilmember Callies asked if she felt this was a larger and more long-term issue than just the fireworks. Mayor Labadie stated that she feels that the Chamber’s accountability over numerous years has been discussed and addressed with them. She stated that the Council has communicated to them the feeling that the Chamber has not presented the City with things and can remember one year where the City received an invoice for fireworks, prior to receiving a presentation from them. She stated that the City has been a good neighbor and has donated annually on behalf of the residents. She stated that it has now become expected, and she thinks the Chamber’s approach is wrong. She stated that she found out about the fireworks change through social media. She explained that she has been so angry that there may still be steam coming out of her ears. She stated that the Chamber simply did the wrong thing that only benefited a few people. She stated that you should not need a boat to see fireworks and because this was done in front of a private residence, there was no public viewing place from land. She stated that she agreed with Councilmember Gorham that their press release made it sound like no one gave any money except this one donor which is completely incorrect, inaccurate, and is a blatant lie. She stated that she is furious and will do anything this Council would like to do. She noted that she has spoken with the Chamber Director and recommended that she start having quarterly meetings with the mayors, just like the school superintendent. She stated that if the Chamber wants to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 12, 2021 Page 8 of 8 have a “partnership” with the cities, then the cities need to put their foot down and the Chamber needs to start including the cities in these conversations and decisions. She reiterated that the only reason she found out about the change in venue was because she just happened to log into social media. She stated that it was wrong that she was not given notice, nor were the mayors of Excelsior and Greenwood. She stated that she has not had a chance to reach out to the other mayors yet, but she will gladly do that. She stated that the Chamber will have to make a very hard case for her to vote to ever give money to them again. Councilmember Gorham stated that he will also have a very hard time voting to give the Chamber any Shorewood dollars. He stated that he could not believe that the press release did not accept any responsibility and then actually placed blame on the shoulders of the residents. Councilmember Callies stated that she is not ready to make a blanket statement about not ever giving them money because that could potentially mean the City is not supporting the fireworks. Councilmember Siakel stated that she feels that, in this case, the Chamber should refund Shorewood’s money because it was not for a public display. She reiterated that she thinks the City needs to have a policy for how it gives money and be surrounded by parameters. She noted that she would like to know what the donation amount was for the fireworks. Councilmember Johnson stated that is a legitimate question because they are a 501(c)3 corporation. Mayor Labadie stated that Thursday, July 15 at 11:00 a.m. she will be at the Pillars of Shorewood Landings with Park and Recreation Director Grout to hold a Coffee with the Mayor event. She stated that if this is a successful event, it may turn into a quarterly event. 11. ADJOURN Johnson moved, Gorham seconded, Adjourning the City Council Regular Meeting of July 12, 2021, at 8:45 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS THURSDAY, JULY 15, 2021 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 6:45 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Siakel, Callies, and Gorham; City Administrator Lerud. Absent: Councilmember Johnson The special meeting was being held to interview legal firms to provide prosecution services to the City of Shorewood. Firms interviewed: Eckberg Lammers Campbell Knutson Kelly Lemmons Ken Potts After a discussion regarding the proposals, interviews, and experiences with the applicants, a motion was made by Callies, second by Gorham to designate Campbell Knutson as the city prosecutor and to begin contract discussions. All voted in favor of the motion. Lerud said at the last SLMPD Coordinating Committee meeting, the Committee asked each member city council to discuss the remaining open items. After a brief discussion it was decided to have the item on a work session agenda for the first meeting in September. Mayor Labadie asked if there were available dates for a retreat in November or December. After a brief discussion Lerud said he would send out a calendar invite to see if a date could be found to hold the meeting. With no other business, Gorham moved, Labadie seconded, Adjourning the City Council Special Meeting of July 15, 2021, at 9:24 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk #2 D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Verified Claims Meeting Date: July 26, 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. 66922-66943 & ACH 1,280,155.63 Total Claims $1,280,155.63 We have also included a payroll summary for the payroll period ending July 4, 2021. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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c-HKHMQ0HW-UI5D58 9:-H P3 %9 "-TE?5L-Q%@=A '"-R@A G,GT+c661.563%9$A-58@1= !-F(CD+E()*+E*+(+,,(,.,,.//((.(((( 58 9:-M6&@A"-F(CD+E M6&@A-;6!-58 9:-N3%"-,W++TWG(CD(/ M6&@A-6;-I31= !-6;-58 9:"-TE ?#.56173& !-58 9:-#!66;-<$&-=4-> %'6!-\]()*+,*+(+,-.--+",/-#0^#@2 -C 2E MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Approving Hire of Miechelle Norman as Administrative Assistant Meeting Date: Monday, July 26, 2021 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Greg Lerud, City Administrator Policy Consideration: Pursuant to Shorewood Personnel Policy Section 3.08 All new, rehired, promoted or reassigned employees shall complete a six (6) month probationary period upon assuming their new positions. This period shall be used to observe the employee’s work habits and ability to perform the work they are required to do. Background: The city most recently recruited qualified candidates for the Administrative Assistant position in the Administration Department at City Hall. The position is a part-time, 20- hour per week position reporting to the City Clerk/HR Director providing administrative and election support for the city. Interviews were held by a selection committee consisting of Greg Lerud, Brenda Pricco, Nelia Criswell, and myself, with several qualified candidates in mid-July. It was unanimously agreed to offer the position to Miechelle Norman, determining her knowledge, skills, and attributes would be a good fit with our team and an asset to the city. Miechelle brings much experience to the table which includes work as a head election judge for the city and volunteering for local events like Arctic Fever and others. I am pleased to recommend a six-month probationary appointment to Miechelle Norman in the capacity of Administrative Assistant for the City of Shorewood. Financial Considerations: Staff is recommending Miechelle’s compensation rate be set at Grade 3, Step C of Shorewood’s Compensation Plan of $16.97 per hour with review for a step increase at her one-year anniversary. The position will be reviewed at the 6-month anniversary for consideration of permanent appointment. The position is non-exempt, PERA eligible, and receives pro-rated vacation, sick leave, and holiday benefits. Action Requested: Staff respectfully recommends the city council approve Miechelle Norman’s hire as a probationary employee in the capacity of Administrative Assistant for the City of Shorewood. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-078 A RESOLUTION FOR ACCEPTANCE AND FINAL PAYMENT, CITY PROJECT 21-04, THE 2021 PAVEMENT MARKING PLAN th WHEREAS, On May 24, 2021, the City Council awarded a contract of the 2021 Pavement Marking Plan to Sir Lines-A-Lot, LLC; and WHEREAS, Sir Lines-A-Lot, LLC has completed all work in accordance with the awarded contract and has submitted the appropriate IC-134 and final documents; and WHEREAS, Sir Lines-A-Lot, LLC is requesting final payment and acceptance for the work; and WHEREAS, Staff has reviewed the estimate, verified quantities, and recommends final payment and acceptance of the project to Sir Lines-A-Lot, LLC. NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Shorewood hereby authorize final acceptance and approve final payment to Sir Lines-A-Lot for the 2021 Pavement Marking Plan according to the plans and specifications on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26 day of July, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 2G MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Accept Improvements and Partial Release of Minnetonka stndrd County Club Letter of Credit for 1, 2, and 3 Additions City Projects14-13, 15-06, and 16-04 Meeting Date: Monday, July 26, 2021 Prepared by: Andrew Budde, City Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Resolution, LOC Reduction Request Background: The City of Shorewood has entered into several development stndrd agreements for the Minnetonka County Club 1 , 2, and 3 Additions dating back from 2014. Recently, the developer has completed most punchlist items to the satisfaction of city staff and the developer has requested the city accept the improvements and allow for the partial reduction of the letter of credit. The two remaining items to complete is vegetation management in natural areas and confirmation that the Minnehaha Creek Watershed District has also reviewed the site to confirm it is functioning according to the permitting requirements. The acceptance of the improvements will include the streets, sidewalks, watermain, sanitary sewer, and storm sewer and start the two-year warranty period. Financial Considerations: The city will continue to hold a letter of credit in the amount of $149,758 until all punchlist items are completed. Recommendation/Action Requested: Public Works and Planning has reviewed the site improvements and recommends approval of the resolution for final acceptance of the improvements and partial reduction of the Letter of Credit for the Minnetonka stndrd Country Club 1, 2, and 3 Additions, City Project 14-13, 15-06, and 16-04, in the amount of $856,476. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 21 - 079 A RESOLUTION ACCEPTING IMPROVEMENTS AND PARTIAL RELEASE OF LETTER OF CREDIT FOR STNDRD MINNETONKA COUNTRY CLUB 1, 2, & 3 ADDITIONS CITY PROJECTS 14-13, 15-06, AND 16-04 WHEREAS, the City of Shorewood approved development agreements for stndrd Minnetonka Country Club for 1, 2, and 3 Additions, City Projects 14-13, 15-06, 16-04; and, WHEREAS, the Developer has substantially completed the project work and has requested City acceptance of the improvements and a partial reduction of letter of credit; and, WHEREAS, the Public Works and Planning has made final inspection of the project and recommends acceptance of the improvements and partial release of the letter of credit by the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: The City hereby accepts the work completed pursuant to said development agreements and authorizes partial release of the associated Letter of Credit in the amount of $856,476. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of July, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JULY 6, 2021 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:03 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Huskins, Gault and Riedel; Planning Director Darling; Planning Technician Notermann; and, Council Liaison Johnson Absent: None 1. APPROVAL OF AGENDA Riedel moved, Huskins seconded, approving the agenda for July 6, 2021, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  June 1, 2021 Gault moved, Huskins seconded, approving the Planning Commission Meeting Minutes of June 1, 2021, as presented. Motion passed 4/0/1 (Riedel abstained). 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 – C.U.P. for a Fence Applicant: Jacob Gustafson and Allison Spies Location: 4865 Ferncroft Drive Planning Technician Notermann noted that the applicant has applied for a C.U.P. for a fence that is taller than the height established for shoreline fences. She stated that they would like to install a five-foot, black vinyl chain link fence where the Code states that no fence can be taller than four feet in the Shoreland District. She reviewed the conditions that staff is recommending. Planning Director Darling noted that City Engineer Budde will stop out at the property later this week in order to ensure that removing the boulder wall, as staff is recommending, will not cause any erosion or other issues now that the rain garden has been constructed. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 6, 2021 Page 2 of 8 Planning Technician Notermann stated that staff recommends approval with the conditions as listed in the staff report. Commissioner Riedel noted that the staff report lists a condition that the applicant have “plans” to remove or relocate the boulder wall and asked if they would be required to remove or relocate the wall. Planning Technician Notermann clarified that, as noted by Planning Director Darling, the City Engineer will stop out to the property and evaluate the boulder wall situation. Commissioner Gault suggested that the condition language be changed to say that the applicant is required to comply with the plans regarding the boulder wall, as approved by staff. Planning Director Darling explained that the boulder wall pre-dated the subdivision, was not shown on any documents that were submitted, and were in an area that was heavily vegetated. Chair Maddy asked if the City knows when the boulder wall was installed. Planning Director Darling stated that it was likely legal at the time it was installed, but putting the property line and easements on top of the wall created the issue. She stated that if it had shown up in the original documents, it could have been handled with the subdivision rather than having to go back now with something like an encroachment agreement. Commissioner Riedel asked if staff would be open to an encroachment agreement pending the advice of the City Engineer regarding erosion. Planning Director Darling stated that staff is open to an encroachment agreement. Chair Maddy asked if the language of the condition should be changed to read that the applicant will abide by staff decision on what to do with the boulder wall. Planning Director Darling noted that staff can make a recommendation, but the Council will have to make the decision on either an encroachment agreement or removal of the boulder wall. She explained that she does not think the language needs to be changed at this point. Commissioner Huskins asked staff, in their recommendation, to include the terminology ‘not greater than’ five feet. Commissioner Eggenberger asked why this request is for a CUP and not a variance. Planning Director Darling stated that it is a permanent fence and read aloud a portion of the City Code that explains that a fence that varies by height, design, or location, can be approved with a CUP, which means that it is an allowed use in the zoning district. She stated that she assumes it was stated this way in the Code in order to allow some flexibility. Jacob Gustafson, 4865 Ferncroft, thanked the Planning Department staff because they have been very helpful throughout this whole process. He stated that he and his wife, Allison Spies, are new transplants from Michigan. He assured the Commission that their goal is to be good residents of the City and explained that they were unaware that the boulder wall existed because it was hidden behind vegetation. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 6, 2021 Page 3 of 8 Commissioner Gault asked why Mr. Gustafson was requesting a five foot tall fence rather than complying with the four foot height. Mr. Gustafson explained that their main reason is their dogs and noted that they have two large Tibetan Mastiffs. He noted that their standing height is about 3.5 feet, so they wanted to make sure that they had a good, secure fencing system to ensure that they are contained in the yard. He noted that in Michigan, they took one of their dogs on nursing home visits prior to COVID-19 and noted that he had submitted pictures to the City so they could get an idea of what the dogs look like. Chair Maddy opened the Public Hearing at 7:20 P.M. noting the procedures used in a Public Hearing. There being no public comment, Chair Maddy closed the Public Hearing. Commissioner Gault referred to the past request from resident on Country Club Lane for a higher fence than what the City allowed. He reminded the Commission that they had recommended denial of the past request because they felt there were other ways to control the animals and keep them contained. He stated that he would like to see the Commission be consistent in their recommendations. Chair Maddy asked for specifics about the Country Club Lane request. Commissioner Gault stated that they were asking for a 6 foot tall fence with board on board and noted that they had also requested the fence height because of their two large dogs and the location of the sidewalk. He stated that he sees this an opportunity for invisible fencing. Commissioner Riedel stated that he agrees with the idea of consistency, however, he feels that what is subjectively different in this situation is the other fencing was in a front yard and the concern about the appearance of large fences along the road. In this case, this is a back yard and is primarily the neighbors and the lake that would see the higher fence. Commissioner Gault reiterated his concern that if the Commission recommends approval in this situation, they will be inconsistent with the recent, similar situation along Country Club Lane. Commissioner Riedel stated that this situation feels less intrusive for the neighbors because this is a transparent fence in a backyard and not a board on board fence along the street. He noted that he understands and agrees that this is completely subjective and inconsistent. Chair Maddy stated that he does not like relaxing City Code due to pet size. Commissioner Riedel stated that there are some dogs that when they get zapped with the electric fencing get aggressive rather than learn not to cross the invisible line. He stated that invisible fencing is not an option for every dog and noted that it is also more difficult to train an older dog. Commissioner Huskins asked if the planned landscaping would be located above the fence. He explained that if the shrubbery or landscaping, as it matures, hides a 4 or 5 foot fence in the backyard, it would make very little difference to him. Commissioner Gault reiterated that he is not thrilled with the idea that the Commission would recommend denial for one request and approval for the other, when they are very similar requests. Commissioner Eggenberger stated that he thinks the City has a Code on fencing to protect the site lines of the City and granting a CUP to change that, in his opinion is not feasible. He stated CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 6, 2021 Page 4 of 8 that he doesn’t like to idea of allowing it because of the size of dogs and noted that there are other ways to control your pets. Commissioner Gault asked if there had been any feedback from the neighbors regarding this request. Planning Technician Notermann stated that the City did not receive any input from the neighbors. Commissioner Eggenberger asked to hear more of Commissioner Riedel’s thoughts on this item. Commissioner Riedel explained that he is the one usually advocating for consistency and to go by the rules, however, in this case, there is a CUP process for this situation. He stated that, as Planning Director Darling indicated, when this Code was written it was because there are cases where it may be reasonable for a person to request something outside of the code, but within the realm of the CUP and that process should be easier than a variance process. He stated that in some respects, the City should expect that people would apply for the CUP. He stated that he is on the fence because of Commissioner Gault’s explanation about the recent case, but does feel the prior request was different, even though both requests were due to the size of dogs. Commissioner Gault stated that when there are other ways to address a situation, he thinks they should be applied as opposed to coming and having the Commission recommend approval when it is not really needed. He reiterated that there are a number of other ways that this would be resolved. Commissioner Riedel stated that he did not disagree with this point, except for the characterization of CUP. He gave the example of CUPs that have been granted for accessory space exceeding 1,200 square feet. He stated that in that situation, the applicant did not need a justification for wanting more accessory space. He stated that a CUP was put into place merely so if someone wants it, it will not be automatically granted, but is subject to review. He stated that he feels what Commissioner Gault has been describing was more along the lines of a variance, and a CUP is something that should be considered more favorably from the start, by the Commission. Chair Maddy asked if there was a way to put conditions in the Code on this in order to make it more clear cut and consistent. Planning Director Darling stated that the Commission could do that and explained that a CUP is an allowed use in any zoning district where that particular regulation would apply, subject to conditions, either measurable or subject to allow some discretion. She stated that the Commission can make a recommendation on whether the specific conditions listed have been met and the subjective ones that are allowed for all CUPs. She clarified that in this situation this is allowed by CUP so there would be no need to ask for a variance. Commissioner Eggenberger asked what would happen when the dogs pass away, for example, would they have to take the fence down, since is a CUP. Planning Director Darling stated that they would not have to take down the fence and it would be permanent. Commissioner Gault stated that he believes the Commission was correct in their denial of the Country Club Lane request and believes that this is essentially the same thing, just in a different location. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 6, 2021 Page 5 of 8 Commissioner Eggenberger explained that he was struggling with whether this is enough of a difference between the one the Commission recommended denial on and this application. Chair Maddy stated that he sees a large difference in the two requests. One was for a 6-foot opaque fence along Smithtown Road and this request is for a 5-foot chain link fence in the backyard on a quiet lake. Commissioner Eggenberger noted that the front portion of the fence is not chain link. Planning Technician Notermann stated that portion of the fence does not require a CUP. She stated that portion of the 5 foot board on board fence is allowable in that location and pointed to the areas on the exhibit where the extra regulations applied. Commissioner Riedel clarified that there are different height requirements for the front and back yard. Eggenberger moved, Riedel seconded, recommending approval of the CUP request or a fence height of not greater than five feet at 4865 Ferncroft Drive, with the conditions as discussed; to require the applicant to acquire all necessary permits for construction of the fence; and that the applicant be required to comply with the staff recommend regarding how to address the existing boulder wall that crosses through the drainage and utility easement. Motion passed 5/0. Planning Technician Notermann stated that this should appear before the Council on July 26, 2021. 5. NEW BUSINESS A. Minor Subdivision Applicant: Todd Cebulla Location: 19210 Waterford Place and 5520 Vine Hill Road Planning Technician Notermann stated that this request is for a lot line adjustment. She noted that there are single family homes located on each parcel which would remain after the lot line adjustment. She stated that the applicant owns both parcels. He is asking for land to be taken from the northern lot and added to the southerly parcel. After working with staff, the applicant has agreed to submit new plans that reflect a new parcel size for the 5520 Vine Hill Road parcel in order for it to be at least 20,000 square feet. She stated that the revised survey would have to be submitted prior to the City Council meeting on July 26, 2021. Staff recommends approval with the conditions outlined in the staff report, including the adjustment to 5520 Vine Hill Road to be at least 20,000 square feet. Planning Director Darling noted that just prior to the meeting, the applicant was able to give staff an estimated layout showing the revision for both lots to meet the requirements. Todd Cebulla, 19210 Waterford Place, expressed his appreciation to the Planning Department and explained that he feels this is pretty straight forward and they plan to maintain the minimum lot sizes and provide the required easements. He stated that they are looking to open up their backyard because the home is sort of jammed against the tree line. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 6, 2021 Page 6 of 8 Huskins moved, Gault seconded, recommending approval of the Minor Subdivision, for a lot line adjustment at 19210 Waterford Place and 5520 Vine Hill Road, subject to the three conditions included in the staff report. Motion passed 5/0. Chair Maddy stated that this item would appear before the Council on July 26, 2021. B. Variance to Side Yard Setback Applicant: Kimberly Poe Location: 23320 Park Street Planning Technician Notermann stated that this request is for a variance to a side yard setback at 23320 Park Street. She noted that the existing home was constructed in 1924 and is located as close as six feet from the west side property line. She stated that because there is a required 10 foot setback, the house is considered to be a legally non-conforming structure. The applicant would like to construct an addition onto the existing home that will be 7.2 feet from the side property line. Staff recommends approval of the variance, as requested. Commissioner Eggenberger noted that the letter from Ms. Commers expressed concern about possible erosion and asked if the permits would cover that concern. Planning Technician Notermann stated that the concerns about drainage and slope would be addressed with the building permit applications. Commissioner Huskins noted that the construction will take place on the left side of the home and Ms. Commers is located on the right side of home. Kimberly Poe, 23320 Park Street, explained that Ms. Commers was confused about where the addition would be going and was concerned about the steep slope around the tree line which may create erosion into her back yard. She noted that when she built her two car garage last year she was required to have a surface water management plan and all of the roof water is gathered into what used to be a summer kitchen for the apple orchard that used to be there. The addition is 150 square feet, plus the open porch across the front just to tie it all together. She explained that maintaining the look of the home is very important to her. Commissioner Riedel noted that he agrees that the construction will be happening on the opposite side of Ms. Commers, but there may still need to be some other types of stormwater management put into place, such as a silt fence. Chair Maddy opened the meeting to public testimony on this item at 7:59 p.m. There was no public comment. Gault moved, Huskins seconded, to recommend approval of the variance request to the side yard setback at 23320 Park Street, subject to the condition that the applicant be required to acquire all necessary permits prior to construction. Motion passed 5/0. Planning Director Darling stated that this will be on the Council agenda for July 26, 2021. A resident spoke from the floor explaining that he was at the meeting because of a letter he received about an easement on his property. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 6, 2021 Page 7 of 8 Planning Director Darling stated public comment on items not on the agenda could happen as part of Matters from the Floor and gave the Commission to option to re-open that portion of the meeting in order to hear his comments. Chair Maddy re-opened Matters from the Floor. Mr. Ayman Abdelsamie, 5960 Grant Street, explained that his home was built in 1928 and he has been doing some remodeling and fixing it up. He stated that he feels his situation is very close to what was discussed in the prior agenda item. He explained that there is an easement on the property on his driveway which he was told has been there forever. He stated that the City bought the lot next to his home and they tore down the house in order to use some of the property for drainage. He stated that he is hoping that the City could release the easement on his property so he could have a normally shaped lot. He stated that he would just ask that the City allow this situation to be cleaned up and taken care of so he can have access to his property and have a normally shaped lot. Chair Maddy stated that the Commission cannot take action tonight because they have no information on this topic nor was in included on the agenda. Planning Director Darling explained that it is most likely the Public Works and Engineering Departments that will weigh in on whether or not this area can be vacated. The Commission discussed the easement location, reason, and the hardship that it causes to the property owner. 6. OTHER BUSINESS A. Sign Ordinance Amendments Applicant: City of Shorewood Location: City-Wide Planning Director Darling gave a brief overview of past Commission discussions surrounding amendments to the Sign Ordinance. The Commission discussed the revised Sign Ordinance including; signage in public right-of-way; limitations on the clear view triangle at corners and how it is measured; owner/occupant signs; public lands and parks; signs located within 5 feet of the property line and exceptions; referencing the State statute; public/traffic signs; flags; and signs in windows being readable only from inside the buildings. Planning Director Darling noted that she can correct language so it reflects exactly what the changes that have been discussed, such as correcting typographical errors but noted that she is nervous about making any changes to sections that were not part of the public hearing. She stated that perhaps she can write in the changes being discussed in her log and incorporate them into the next housekeeping change that the Planning Commission tackles. . Gault moved, Eggenberger seconded to recommend approval of the text amendments for the Sign Ordinance, with the minor edits as discussed during the meeting. Motion passed 5/0. 7. REPORTS • Liaison to Council CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 6, 2021 Page 8 of 8 Council Liaison Johnson reported on matters considered and actions taken during Council’s recent meeting (as detailed in the minutes for that meeting). Planning Director Darling gave a brief overview of one of the discussion topics at the meeting regarding backyard chickens and noted that the item may be coming back to the Commission for further discussion. • Draft Next Meeting Agenda Planning Director Darling stated that for the next Planning Commission meeting there will be a variance request and may also be reviewing changes to the Comprehensive Plan that the consultant has put together. 8. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of July 6, 2021, at 8:46 P.M. Motion passed 5/0. #7B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Variance to side yard setback Location: 23320 Park Street Applicant: Kimberly Poe Meeting Date: July 26, 2021 Prepared by: Emma Notermann, Planning Technician Review Deadline: September 17, 2021 Attachments: Planning Memorandum from the July 6, 2021 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At the July 6, 2021 meeting, the Planning Commission voted unanimously to recommend approval of the variance application to construct an addition to an existing non-conforming home 7.2 feet from the side property line where 10 feet is required. The applicant was present at the meeting and spoke in favor of the application. Staff also received one letter regarding the request (attached). Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the variance request. Proposed motion: Move to adopt the attached resolution approving a variance for property located at 23320 Park Street 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 applicant could submit a building permit application. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900 www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Emma Notermann, Planning Technician MEETING DATE: July 6, 2021 REQUEST: Variance to side yard setback APPLICANT: Kimberly Poe LOCATION: 23320 Park Street REVIEW DEADLINE: September 17, 2021 LAND USE CLASSIFICATION: Low to Medium Density Residential ZONING: R-1D FILE NUMBER: 21.13 REQUEST: The applicant requests a variance to the setback from the side yard line to construct an addition their existing non-conforming house. The proposed addition would be located 7.2 feet from the side property line where 10 feet is required. Notice of this application and the public meeting was mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. BACKGROUND Context: The existing home was constructed in 1924 and is located as close as six feet from the west side property line. The lot was created in 1887 as part of the Ball’s Addition to Excelsior plat. The R-1D zoning district requires a side yard setback of 10 feet, so the house is considered a legally non-conforming structure. Most of the adjacent properties are all developed with single-family homes and zoned R-1D or R-1C. Across Park Street, to the south of the subject property, is Our Saviors Lutheran Church. Page 2 Applicable Code Sections: Section 1201.13 subd. 5. d. of the zoning regulations requires a setback of 10 feet from the side yard line. Section 1201.03 subd. 1(i) of the zoning regulations allows the expansion of non-conforming single-family residential units. Section 1201.03 subd. 1(i) of the zoning regulations allows the expansion of non-conforming single-family residential units provided- 1. That the expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located; The proposed addition does not comply with the setback requirement and consequently a variance is required for this expansion. *There are additional criteria in this section, but since the proposed development does not meet the first regulation, a variance is required. ANALYSIS The applicant’s narrative is attached and indicates that she proposes to add a new porch and bathroom addition on the west side of her existing home. The proposed addition would be set farther from the side lot line than the existing home currently sits. The proposed addition would encroach on the side yard setback by 2.8 feet, where the existing home already encroaches on the same side yard setback by 4 feet. Variance Criteria: Section 1201.05 subd.3.a. of the zoning regulations sets forth criteria for the consideration of variance requests. These criteria are open to interpretation. Staff reviewed the request according to these criteria as follows: 1. Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the property for residential purposes. They propose no uses on the site that would be inconsistent with either the intent of the residential land use classification or the district’s allowed uses. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met. Staff finds that the practical difficulties for the property are related to the non-conforming location of the existing home. a. Reasonable: The applicant has proposed a reasonable residential use on the property. b. Unique Situation vs. Self-Created: The situation is unique as the home was constructed prior to the application of modern zoning regulations that have made the home a legally non- conforming structure under today’s standards. Page 3 c. Essential Character: The proposed addition would not be out of character for the neighborhood. It would not encroach farther towards the property than the house already does, so the character of the lot will remain unchanged. 3. Economic Considerations: The applicant has not proposed the variance solely based on economic considerations, but to enhance the livability of the home. 4. Impact on Area: The property owner is not proposing anything that would impair an adequate supply of light and air to an adjacent property, increase the risk of fire, or increase the impact on adjacent streets. The adjacent home to the west, at 23340 Park Street. is about 20 feet away from the existing home. However, as previously mentioned, the new addition will not be closer to the neighboring property than the existing home already is. 5. Impact to Public Welfare, Other Lands or Improvements: Staff finds the proposed addition would not be detrimental to the public welfare as it would be a typical addition for an older home. 6. Minimum to Alleviate Practical Difficulty: Staff finds the variance request is the minimum necessary to alleviate the practical difficulties on the property. FINDINGS/RECOMMENDATION Staff finds the variance proposal meets the criteria above and recommends approval of the variance while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning Commission could reasonably find otherwise. Should the Planning Commission recommend approval of the variance, staff recommends that the applicant be required to acquire all necessary permits prior to construction. ATTACHMENTS Location map Applicants’ narrative and plans Correspondence Received RESOLUTION 2021-080 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD SETBACK FOR PROPERTY LOCATED AT 23320 PARK STREET WHEREAS, Kimberly Poe, (the “Applicant”) proposes encroachments beyond the current nonconforming footprint of the home on property legally described as: Lots 1 and 12, Block 2, Ball’s Addition to Excelsior, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, the Applicant has applied for a variance to allow an addition to be 7.2 feet from the side property line where 10 feet is required; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the July 6, 2021 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on July 6, 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 July 26, 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-1D zoning district, which requires all buildings to be set back 10 feet from the side property lines. 2. The existing home was constructed in 1924, prior to modern zoning regulations. 3. The existing home is considered legally non-conforming and is currently located as close as six feet to the side property line. 4. Section 1201.03 Subd. 1, i. of the zoning regulations provides that a legal nonconforming home may be expanded provided that the expansion does not increase the nonconformity and complies with the height and setback requirements of the district in which it is located. 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 May 24, 2021, and June 4, 2021. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct an addition to be 7.2 feet from the side yard, based on the plans and materials submitted May 24, 2021, and June 4, 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 this 26th day of July, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk #7C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Lot Line Adjustment Location: 19210 Waterford Place and 5520 Vine Hill Road Applicant: Todd Cebulla Meeting Date: July 26, 2021 Prepared by: Emma Notermann, Planning Technician Review Deadline: August 31, 2021 Attachments: Planning Staff Memorandum Revised Survey Resolution Background: See the planning staff memorandum for detailed background on this item. At the July 6, 2021 meeting, the Planning Commission unanimously recommended approval of the request for the lot line adjustment with the condition that the applicant submit an updated survey, legal descriptions and easements to show both parcels meeting the 20,000 sq.ft. minimum lot size. The applicant was present at the meeting and no public comment was received. After the meeting, the applicant submitted a revised survey, legal descriptions and easements that satisfy the minimum lot sizes for both parcels. The updated submission is attached. ADDRESS EXISTING PROPOSED REQUIRED IN the PUD Lot Area Lot Width* Lot Area Lot Width* Lot Area Lot Width* (lineal ft.) (sq. ft.) (lineal ft.) (sq. ft.) (sq. ft.) (lineal ft.) 19210 Waterford Place 29, 338 ±109 38,652 No change 20,000 100 feet 5520 Vine Hill Road 29, 317 ±109 20,002 No change 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. Financial or Budget Considerations: The fee paid by the applicant covers the cost of processing the application. Recommendation / Action Requested: The Planning Commission recommended approval of the request for the lot line adjustment based on the findings that the subdivision regulations have been met, subject to the conditions in the attached resolution. Action on this item requires a simple majority. Next Steps and Timelines: If the item is approved, the resolution could be recorded at Hennepin County after the conditions of approval are satisfied. RESOLUTION 21-081 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A LOT LINE ADJUSTMENT FOR PROPERTIES AT 19210 WATERFORD PLACE AND 5520 VINE HILL ROAD WHEREAS, Todd Cebulla is the owners of real property addressed as 19210 Waterford Place and 5520 Vine Hill Road (the “Applicant”); and WHEREAS, his properties in the City of Shorewood (the “City”), are legally described as: Property at 19210 Waterford Place: TRACT B, REGISTERED LAND SURVEY NO. 847, EXCEPT VINE HILL ROAD RIGHT- OF-WAY, HENNEPIN COUNTY, MINNESOTA AND THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 847, HENNEPIN COUNTY, MINNESOTA LYING WEST OF A LINE DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A; THENCE NORTH 90 DEGREES 00 MINUTES OO SECONDS WEST ON AN ASSUMED BEARING ALONG THE SOUTH LINE OF SAID TRACT A A DISTANCE OF 130.00 FEET; THENCE NORTH 43 DEGREES 21 MINUTES 57 SECONDS WEST A DISTANCE OF 151.15 FEET, MORE OF LESS, TO THE NORTH LINE OF SAID TRACT A AND SAID LINE THERE TERMINATING. Property at 5520 Vine Hill Road: THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 847, HENNEPIN COUNTY, MINNESOTA LYING WEST OF THE WEST RIGHT-OF-WAY OF VINE HILL ROAD AND EAST OF A LINE DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A; THENCE NORTH 90 DEGREES 00 MINUTES OO SECONDS WEST ON AN ASSUMED BEARING ALONG THE SOUTH LINE OF SAID TRACT A A DISTANCE OF 130.00 FEET; THENCE NORTH 43 DEGREES 21 MINUTES 57 SECONDS WEST A DISTANCE OF 151.15 FEET, MORE OF LESS, TO THE NORTH LINE OF SAID TRACT A AND SAID LINE THERE TERMINATING. WHEREAS, the Applicant has applied to the City for a lot line adjustment of said real property into two parcels legally described and illustrated in Exhibit A, attached hereto and made a part hereof; and -1- WHEREAS, the Applicant has agreed to grant the City ten-foot drainage and utility easements around the periphery of each lot; and WHEREAS, the application was considered by the Planning Commission at a regular meeting held on July 6, 2021, the minutes are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on July 26, 2021, at which time the Planning Director's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described above is hereby approved for division into two parcels, legally described and illustrated in Exhibit A, consistent with the plans received by the city on July 19, 2021. 2. Prior to release of this resolution, the Applicant shall execute ten-foot drainage and utility easements around the periphery of each lot. 3. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes when the above conditions are satisfied. 4. The Applicant shall record this resolution and the easements with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of July, 2021. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk -2- Exhibit A: Proposed New property description for 19210 Waterford Place: TRACT B, REGISTERED LAND SURVEY NO. 847, EXCEPT VINE HILL ROAD RIGHT-OF-WAY, HENNEPIN COUNTY, MINNESOTA AND THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 847, HENNEPIN COUNTY, MINNESOTA LYING WEST OF A LINE DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A; THENCE NORTH 90 DEGREES 00 MINUTES OO SECONDS WEST ON AN ASSUMED BEARING ALONG THE SOUTH LINE OF SAID TRACT A A DISTANCE OF 130.00 FEET; THENCE NORTH 43 DEGREES 21 MINUTES 57 SECONDS WEST A DISTANCE OF 151.15 FEET, MORE OF LESS, TO THE NORTH LINE OF SAID TRACT A AND SAID LINE THERE TERMINATING. Proposed new property description for 5520 Vine Hill Road: THAT PART OF TRACT A, REGISTERED LAND SURVEY NO. 847, HENNEPIN COUNTY, MINNESOTA LYING WEST OF THE WEST RIGHT-OF-WAY OF VINE HILL ROAD AND EAST OF A LINE DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A; THENCE NORTH 90 DEGREES 00 MINUTES OO SECONDS WEST ON AN ASSUMED BEARING ALONG THE SOUTH LINE OF SAID TRACT A A DISTANCE OF 130.00 FEET; THENCE NORTH 43 DEGREES 21 MINUTES 57 SECONDS WEST A DISTANCE OF 151.15 FEET, MORE OF LESS, TO THE NORTH LINE OF SAID TRACT A AND SAID LINE THERE TERMINATING. -3- Replace this page with Survey. -4- 7D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Conditional Use Permit (CUP) for a Fence Location: 4865 Ferncroft Drive Applicant: Jacob Gustafson and Allison Spies Meeting Date: July 26, 2021 Prepared by: Emma Notermann, Planning Technician Review Deadline: September 22, 2021 Attachments: Applicants Narrative Planning Memorandum from the July 6, 2021 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At the July 6, 2021, the Planning Commission voted unanimously to recommend approval of the CUP for a fence no taller than five-feet, subject to conditions: 1) The applicant be required to acquire all necessary permits prior to constructing the fence. 2) Staff approves a plan to address the existing boulder wall that crosses through the drainage and utility easement to the adjoining property on the south side of the property. Staff has been working with the applicant on a plan for the boulder wall. The applicant can either remove the wall from the drainage and utility easement or both property owners can sign encroachment agreements. The applicant was present at the meeting and no public comment was recieved. 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 request to construct a fence that varies from the regulations of the Shorewood City Code subject to the conditions in the attached resolution. Proposed motion: Move to adopt the attached resolution approving a CUP for Jacob Gustafson and Allison Spies to construct a fence no taller than five-feet subject to the conditions listed in the attached resolution for the property located at 4865 Ferncroft Drive. Action on this request would require a simple majority. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Kbdpc!Hvtubgtpo!boe!Bmmjtpo!Tqjft! 5976!Gfsodspgu!Esjwf! Tipsfxppe!NO!66442! ! Djuz!pg!Tipsfxppe! 36!Nbz!3132!)vqebufe!38!Kvof!3132*! ! 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RESOLUTION 21-082 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE FOR THE PROPERTY LOCATED AT 4865 FERNCROFT DRIVE WHEREAS, Jacob Gustafson and Allison Spies (the “Applicants”) have applied for a conditional use permit for a fence at their residence addressed as 4865 Ferncroft Drive, on the property legally described as: Lot 8, Block 8, MINNETONKA MANOR, Hennepin County, Minnesota; and those parts of Lots 9 and 10, Block 8, MINNETONKA MANOR, Hennepin County, Minnesota, lying northerly of the following described line: Commencing at the northwest corner of said Lot 8; thence on an assumed bearing of South 04 degrees 35 minutes 49 seconds East along the west line of said Lots 8, 9 and 10, a distance of 110.00 feet to the point of beginning of the line to be described; thence North 80 degrees 55 minutes 04 seconds East a distance of 240.34 feet to the southeasterly line of said Lot 9 and there terminating. WHEREAS, the Shorewood City Code requires a conditional use permit for the construction of fences that vary in height, location and design from the regulations for residential zoning districts; and WHEREAS, the Applicants have applied for a conditional use permit for the construction of a five-foot high fence in the rear yard of their property that is located in the Shoreland District, where a maximum four-foot fence is allowed between the ordinary high water level setback and the average building construction line; and WHEREAS, the Planning Commission considered the request for a conditional use permit for a special purpose fence and held a public hearing at its regular meeting on July 6, 2021, at which time the planning staff memorandum was reviewed and comments were heard by the Applicants and the public; and WHEREAS, the City Council considered the request for a conditional use permit for a fence at its regular meeting on July 26, 2021, at which time the Planning Commission’s recommendations were reviewed and comments were heard by the Applicants, staff, and the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in an R-1D, Single Family Residential zoning district and the Shoreland District of Lake William. 2. The rear yard of the property abuts Lake William, which is designated as a General Development Lake. 3. The proposed fence is located outside of the 50-foot setback from the Ordinary High Water Level of Lake William. 4. The proposed fence is a five-foot tall chain link fence. 5. The Applicant’s proposal is identified on plans dated May 25 and June 28, 2021. CONCLUSIONS 1. The Applicants’ request for a fence no taller than five-foot to be installed as shown on the plans submitted on May 25 and June 28, 2021 is hereby approved based on the finding that the request has satisfied the criteria for granting a conditional use permit for a fence under the Shorewood City Code, subject to the following conditions: a. Prior to construction of the fence, the Applicants must request and receive a zoning permit. b. Staff shall approve of a plan to address the boulder wall that extends through a drainage and utility easement and across property lines. Should the Applicant and the adjacent property owners choose to keep the existing boulder wall, they must submit executed encroachment agreements for both affected properties before a zoning permit for the fence will be issued. 2. The conditional use permit shall expire one year after approval unless the applicants have completed the fence. 3. 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 26 day of July, 2021. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk 2 7E MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Approve Amendment to City Code Chapter 1201.03 Regarding Rules for Campaign and other related Signage Applicant: City of Shorewood Meeting Date: July 26, 2021 Prepared By: Marie Darling, Planning Director Attachments: Ordinance with Amendments Indicated (Redline version) Planning Commission Memo for July 6, 2021 and attachments Ordinance 581 Resolution for Summary Publication Background: During the last election cycle, the City received a number of complaints regarding the difficulty interpreting the campaign sign rules and the number of signs that were posted. State law doesn’t permit limits on the number or campaign signs, only the location. The Planning Commission reviewed the current rules and made a few recommendations, but they did not recommend changing the setback from the street nor prohibiting sign placement in the right-of-way. Attached are the Planning Commission recommendations. They include: 1. Clarifying the rules by simplifying the language and reorganizing them. 2. Adding definitions. 3. Prohibiting lights from being added to the signs. 4. Applying the clear view triangle rules at corners to prevent signs from blocking visibility at intersections. The City Attorney has also reviewed the ordinance amendments and his recommendations were included in the attached ordinance as well. The redline version also includes all the sign-related definitions for your reference. Ordinance 581 only includes the definitions that are changing. Financial or Budget Considerations: Outside of publication and enforcement, there is no additional impact to the budget related to this ordinance amendment. Recommended Action: Staff recommends approval of the ordinance amendment. 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. Proposed Motions: Motion to approve ordinance 581 amending Chapter 1201 (zoning regulations) related to signs. Motion to approve a resolution for summary publication of the ordinance. Action on the ordinance requires a simple majority vote and action on the summary publication requires a super majority vote (4/5). Next Steps and Timeline: If the ordinance is adopted, staff would publish the ordinance. Marie Darling From:McDonald <p.m.mcdonald@usfamily.net> Sent:Sunday, May 2, 2021 2:40 PM To:Marie Darling Subject:RE: Amendments to the Sign Regulations Thank you for sending this information. I was unable to open the Staff Report document as it appeared to be damaged, however the minutes were readable. Just a comment regarding the setback of ten feet. Many places in the city have a drop-off or ditch close to the road that would prohibit placing any campaign signs with that amount of setback. I have a proposal for signs that I would like the City to consider. Since we don’t have sidewalks, and we love to walk, it is important for people to be aware of traffic on the road when they are walking. Many people walk with their backs to traffic and with some kind of headphones on. If pedestrians walk facing traffic, on the left side of the road, that would enable awareness of oncoming cars. During my lifetime I’ve heard of people being injured, even death, because of a lack of awareness of traffic. A sign that says “Pedestrians Keep Left” would encourage awareness of safer ways to use the roadways. Of course what I’m proposing is a traffic sign (like a No Parking sign). I hope that this is something the City of Shorewood could do to help people protect themselves. Best Regards, Pam McDonald From: Marie Darling \[mailto:MDarling@ci.shorewood.mn.us\] Sent: Thursday, April 29, 2021 4:24 PM To: Marie Darling <MDarling@ci.shorewood.mn.us> Cc: Emma Notermann <ENotermann@ci.shorewood.mn.us> Subject: Amendments to the Sign Regulations I was very excited to hear that you are interested in the proposed ordinance amendments. However, I wanted to let you know that I will be requesting a continuance of the review of the sign amendments to the June 1 Planning Commission meeting. The Planning Commission won’t have a draft to review but they will be opening and continuing the public hearing. If you want to come and request the opportunity to speak on this topic, you can do so. You are also welcome st to come to the meeting on June 1. The links to the May meeting will be available on the city’s website late Tuesday afternoon, typically before 6:00 p.m. Because you requested for information on what has been discussed so far, I have attached a copy of the original staff report and the minutes from the April planning commission where the amendments were discussed generally. Please let me know if you have any questions. Marie Darling Planning Director 952-960-7912 mdarling@ci.shorewood.mn.us City of Shorewood 5755 Country Club Road 1 Shorewood, MN 55331 MN Data Practices Notification: Pursuant to MN Data Practices Chapter 13 all government data including email communications is presumed to be public unless there is a specific state statute, federal law, or temporary classification that classifies it otherwise. www.ci.shorewood.mn.us 2 CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 6, 2021 Page 6 of 10 6. NEW BUSINESS A. Sign Ordinance Update – Discussion on Political Signs Planning Director Darling explained that this item is also a staff-initiated item regarding text amendments for political signage. She stated that one of the priorities that the Council set for themselves and the Planning Commission this year was to review and consider amendments of the political sign regulations and noted that of concern specifically were the number and proximity of campaign signs to the streets. She stated that it is a complicated issue and there are a number of State statutes that give the City some requirements for what is allowed. She read aloud the State statute and the City’s sign regulation language. She stated that the language is similar but has two separate standards that apply to all elections which causes confusion about when the City can apply their standards and when they cannot. Staff is proposing that the code be changed to be more clear when the non-commercial signs can be put up before all elections. She reviewed the recommendations from staff that they would like the Planning Commission to consider. Commissioner Eggenberger asked about regulation of non-commercial signage and whether the City can regulate where they are placed. Planning Director Darling stated that the City can impose location requirements. Councilmember Callies stated that she thinks it is a good idea to have the language be consistent with the State law but thinks that 15 feet from the edge of the pavement is not practical for most areas of the City and would basically prohibit any campaign signs being visible. Commissioner Huskins stated that he would agree that a 15-foot setback seems a bit excessive, but his concern was that it may have the unintended consequence of having people place larger signs in order for them to be visible. He stated that he would prefer smaller signs in the neighborhoods. He asked if a campaign would be allowed to have signage for an event if they got a permit to hold a rally on public lands. Planning Director Darling stated that she would have to review that information and noted that there are very few signs that organizations can put up during events. Commissioner Huskins stated that the proposed language states that the City would have the right to remove the signs that are in violation. Planning Director Darling clarified that this is would either be in the right-of-way or on public land. She stated that if there were violations on private property, the City would notify the property owner. Commissioner Gault commented that he was not sure if residents understood the regulations surrounding nameplate signs and substitution of non-commercial signs. Planning Director Darling stated that nameplate signs seem to be going away and very few homeowners even have them anymore. Commissioner Riedel asked if Commissioner Gault was asking if someone, under this ordinance, would be permitted to put up a non-conforming sign simply because it contains non-commercial speech. He stated that he does not think that is the case and people cannot put up a fully non- conforming sign. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 6, 2021 Page 7 of 10 Commissioner Gault stated that he agreed, but feels this language says they can substitute their nameplate sign with a non-commercial speech sign but cannot have both. st Commissioner Riedel stated that he would agree and feels that this is a 1 Amendment issue that if you are allowed to write something, then you are allowed to write anything. Chair Maddy stated he has the same concern because you can have a sign that says, “Vote for Joey”, but cannot have a sign that says, “Eat at Joey Nova’s”. He stated that he would like to stay as far away from this as possible. Commissioner Riedel stated that he would not want to go further than the City has to with this st issue and would like to do the minimum to avoid 1 Amendment issues. Chair Maddy stated that State law dictates what the City has to do and asked why the City would not just match their language and not touch any restrictions. He stated that he did not think the City has had a problem with excessive signage. Planning Director Darling stated that the City can match the State law exactly, except State law does not apply to things like school board elections or municipal elections that would happen in non-State general election year. She stated that she thinks that there should be rules for those instances as well. Chair Maddy suggested having the school board and other elections match the framework of the State election language and just leave it at that. Planning Director Darling stated that would be fine. Commissioner Gault suggested that it just refer to ‘public elections’. Planning Director Darling clarified that there have been complaints about the number of signs and how close they were which is why the Planning Commission was directed to take a look at this issue. Commissioner Gault stated that he would go to the free speech issue that if he can say one thing, he should be able to say it 100 times or be able to say 100 different things. Commissioner Huskins stated that the State language does not appear to say anything about setbacks. He stated that if the City simply takes the State’s language, he does not think that would be sufficient. Chair Maddy asked if the setback issue was because of traffic and visibility concerns. Planning Director Darling stated that there could be visibility issues which is why she thinks there has been a setback included. She stated that she thinks it was that there were so many, so close to the street, that there was a concern that it would be a distraction. Commissioner Riedel stated that he thinks a setback is helpful and becomes an issue when there are complaints if there is a specific hard number to point to, then it becomes less of a subjective issue. Just stating that signage is not allowed to interfere with visibility opens it up for discussion and interpretation. He stated that he thinks a 15-foot setback is excessive and would suggest something like 5-10 feet. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 6, 2021 Page 8 of 10 Chair Maddy stated that he does not want to dictate how many feet back a sign can be. He stated that it is not blocking the view of traffic, he would prefer the City just stay out of it. Commissioner Gault stated that it has to be on private property so whatever number that would be forces there to be a setback. He stated that then this raises the question of whether the City allows it at the property line. Planning Director Darling asked what would be done when the property line is in the middle of the street. Commissioner Gault stated that some common sense needs to be used and people cannot put any sign where it will obstruct traffic either for pedestrians or vehicles. He stated that the speech he wants to promote on his private property is whatever he wants it to be and the City has no constitutional ability to stop that unless he would advocate for violence or something. He stated that he does not have a concern with the number of signs, but does have a concern with someone putting up a 10 x 12 sign at an intersection where it will obstruct visibility. Commissioner Eggenberger stated that the trouble with that, without using a setback, is people just saying, ‘oh, well that doesn’t obstruct traffic’ and it is just an opposing discussion without a tangible solution. He stated that if there is a setback then it is clear when things need to be moved and when they do not. Commissioner Riedel stated that the more he thinks about this, the more he agrees with Chair Maddy. A setback onto private property could actually be challenged. He stated that a public right-of-way is one thing, but an individuals property is their property and a setback in this situation would be somewhat arbitrary. Commissioner Eggenberger stated that all of the City codes could be considered somewhat arbitrary and listed a few examples. Chair Maddy stated that to paraphrase, it appears that what the Commission wants to do is not push any values and let people speak. He stated that the setback issue is interesting because there are good arguments on both sides. Commissioner Huskins stated that he would agree with Commissioner Gault and thinks that a setback will help clarify and reduce some of the subjectivity that would otherwise occur. He stated that he believes a ten-foot setback is reasonable. Commissioner Eggenberger stated that he would agree with Commissioner Huskins. Planning Director Darling asked if they meant ten feet from the edge of the road or ten feet from the front property line. There was a consensus that the measurement would be from the edge of the road. There was consensus to follow the State guidelines for all public elections for signs to be posted 46 days before the election. Commissioner Huskins stated that he prefers the terminology ‘non-commercial speech’ versus ‘campaign signs’. Commissioner Riedel asked what type of sign is permitted year round with or without a permit. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 6, 2021 Page 9 of 10 Planning Director Darling stated that most small signs, such as nameplates and the small signs that stick in the ground do not require a permit. Nameplate signs are allowed in any residential district, so there can also be a non-commercial speech sign of the same size, subject to the same setback requirements at any time in the year. She clarified that people get to have one sign and can choose to use it for their name or some other non-commercial speech message. She thanked the Commission for their input and stated that she will bring this back to the Commission at a future date. Btl!MND!}!Vq!gps!Ejtdvttjpo Dbo!Djujft!Qspijcju!Dbnqbjho!! Tjhot!boe!Gmbht@ Djuz!Sfhvmbujpot qptufst/!Uif!V/T/!Efqbsunfou!pg!Mbcps!pggfst!b!tjuf!uibu!ifmqt! Ep!djujft!ibwf!uif!bvuipsjuz!up!qspijcju!dbnqbjho! efufsnjof!xijdi!qptufst!zpv!offe!bu!iuuqt;00xfcbqqt/epm/ R hpw0fmbxt0qptufst/iun/!Boe!uif!Njooftpub!Efqbsunfou! ! 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Botxfsfe!cz!Sjtl!Nbobhfnfou!Buupsofz!Disjt!Tnjui;!dtnjuiAmnd/psh NJOOFTPUB!DJUJFT!!!}!!!NBZ0KVO!3132!!!}!!!38 RESOLUTION 21-083 CITY OF SHREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE PUBLICATION OF ORDINANCE 581 REGARDING ZONING ORDINANCE AMENDMENTS RELATED TO SIGNS WHEREAS, at a duly called meeting on July 26, 2021, the City Council of the City of Shorewood adopted Ordinance No. 581 entitled “AN ORDINANCE APROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 1201 (ZONING REGULATIONS)” RELATED TO SIGNS; and WHEREAS, The City Council adopted a lengthy ordinance amending City Code Chapter 1201.01 and 1201.03 to amend regulations related to campaign and related signage; and WHEREAS, The purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours and available on the city’s website; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 581 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 581 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached form. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. ADOPTED by the Shorewood City Council on this 26th day of July, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk From: Alan Yelsey <a.yelsey@gmail.com> Sent: Friday, July 23, 2021 4:20 PM To: Jennifer Labadie < JLabadie@ci.shorewood.mn.us>; Paula Callies <pcallies@ci.shorewood.mn.us>; Patrick Johnson <PJohnson@ci.shorewood.mn.us>; Greg Lerud <GLerud@ci.shorewood.mn.us>; Marie Darling <MDarling@ci.shorewood.mn.us>; Nathaniel Gorham <NGorham@ci.shorewood.mn.us>; Debbie Siakel <DSiakel@ci.shorewood.mn.us> Cc:greg larson <g.larson@mchsi.com>; Anne Leland <anneleland56@gmail.com>; Cathy Olson <c.olson@dflsd33.org> Subject:Shorewood's Undemocratic and Illegal Attempts to Restrict Free Speech -Non-Commercial Signage, Public Meetings, Failure to Notify the Public in a Timely Fashion Dear Shorewood Government: 1) Restricting private property non-commercial political signage during the state mandated protection periods surrounding elections is undemocratic and illegal. The State of Minnesota specifically allows all non-commercial signs of any size in any number beginning 46 days before the state primary until 10 days following the election. "Municipal ordinances may regulate the size and number of noncommercial signs at other times." We reject any setback restriction as unnecessary, dangerous and illegal since the state has not granted municipalities the power to restrict private placement of election related signs. A 10 foot setback from a road restriction is unnecessary and illegal. Many Shorewood residences, estimated at over 100, have plantings, fences, lawns or barriers that prevent lawn signs from being placed or seen beyond 10 feet from a roadway, denying them their right to free speech. Having signs near the road allows a driver to view the sign within their safe and normal view and do not distract the driver to move their head or eyes to read a distant sign. Further, many residents enjoy non-commercial speech in the form of message signs placed on their property throughout the year. Certainly, a qualification for any signage is that it should allow enough room for a pedestrian or biker to safely avoid an oncoming road vehicle and it should not prevent anyone from viewing essential street signs and traffic controls or viewing any form of traffic. Most political signs are low to the ground and do not pose a problem. Any illegal attempt to restrict political speech of any kind will be challenged in court and at the next election. 2) Restricting resident speech to 3 or 5 minutes during any and every City public meeting and any and every topic is undemocratic, unwarranted, unacceptable and illegal. Certainly the City has a right to reasonably and fairly restrict resident speech that is repetitive, abusive or off topic. However, rules of speech must apply to each and every participant in the meeting equally. The residents of Shorewood have an equal right to speak on important topics as the Mayor, the City Council, City Staff, Contractors and guest speakers. If an agenda is tight, either add another meeting or schedule a special public meeting to enable residents to speak their mind and fully address their needs and thoughts. If the City wishes to restrict residents on any topic, simple or complex, to just 3 or 5 minutes, those same restrictions should be placed upon every other participant in the meeting, including City officials. This is a democracy that requires the full solicitation of resident perspectives and needs and the open and free opportunity for residents to express themselves. 3) The City has repeatedly violated its own resolutions pertaining to pesticide use and has repeatedly failed to fully and clearly communicate with at least 1 weeks notice any agenda items and any information that will be acted upon during an upcoming City Council meeting. The City refuses to be accountable for its contamination of the local wetlands and refuses to allow residents at least 1 week to review packets of meeting material prior to a Council meeting action. Refusing to provide adequate advance notice so residents are both informed and organized is non-democratic, abusive and illegal. The City is urged to immediately act to cease all pesticide contamination and to immediately begin to communicate all information pertaining to upcoming City meetings in a clear and organized fashion so that residents have ample time to read the material, recognize items they wish to participate in, and if necessary, organize a response to the information. We have hired you to best meet our needs. Restricting our speech, polluting our wetlands and water and acting without easy and clear resident access to essential information well in advance of City meetings and actions is unacceptable and illegal. -- Alan Alan Yelsey 26335 Peach Circle a.yelsey@gmail.com Sandie Thone Subject: FW: Strawberry Lane - impacts From: Brent Hislop - Live <brent.hislopPLI E.com> Sent: Monday, July 26, 20214:46 PM To: Engineer <Ci En ineerCcv ci.shorewood.mn.us>; Andrew.Budde� bolto�k.com Cc: Marie Darling <MDarlin @ci.shorewood.mn.us>; Karen Hislop <kikinelson w ahoo.com> Subject: Strawberry Lane - impacts Hi Andrew (& Marie) — Thank you for your efforts on the Strawberry Lane project. I left you a brief voicemail at your City office.... I hope to talk with you in advance of tonight's meeting. As you know, we live at 6000 Strawberry Lane (NW corner of Strawberry Ln & the Trail crossing. We have a few comments/questions related to alignment south of the trail: 1. We believe that both reconstruction and a trail/sidewalk (min. 6' wide) is needed on Strawberry Lane — and has been planned for the past 10 years. Safe pedestrian traffic is important. 2. We ask that the Council approve an alignment that is centered in the existing City right-of-way. a. The existing ROW is not private property. I respect that existing trees may be in the right-of- way, but these should not take precedent to proper street alignment (particularly given the type/ marginal quality of most of the impacted trees).... Trees are a renewable asset. Street alignment is a more permanent improvement. Thought: As a means of visual mitigation —they City may work with impacted abutting owners to re -plant screening or buffer trees/shrubs upon project completion in these areas. b. Requiring this project to acquire add'I private property is counter -intuitive, particularly given the project ROW needs are met by the shifted centerline alignment design. ROW acquisition is unnecessary and adds cost to the project. c. If a 6' back of curb sidewalk design is selected, the non -centered design artificially does not balance the ROW green space between West & East property owners. A ROW centered road/sidewalk alignment is most equitable in terms of buffer beyond the property line and avoids acquisition/condemnation. 3. Question: Will the OH utility lines be buried underground as part of this project? Given the confined excess ROW, we'd request this be considered. I'd ask you forward this to the City Council in advance of tonight's meeting. Brent Hislop (612) 590-0811 brent.hislop@iive.com Sandie Thone Subject: FW: Strawberry Ln Design -----Original Message ----- From: Dale Woodbeck <woodbeck@centurylink. net> Sent: Monday, July 26, 2021 3:27 PM To: Greg Lerud <GLerud@ci.shorewood.mn.us> Subject: Strawberry Ln Design Hi Greg, One more note before the council meeting tonight. I wanted to attend and comment, but I have a meeting with the board of directors at my job that overlaps with the city council meeting. I am in favor of a separated walking path to complement the realignment and reconstruction of Strawberry Ln. I walk along Eureka Road between Shorewood Pond and Freeman Park every morning. I think that design helps pedestrians and doesn't overwhelm the landscape with its width. I realize that the Eureka Road configuration is not in keeping with current best practices for multi -use trails. If the city is compelled to use current standards that call for a wider trail and more distance between the road and trail users, I'm in favor. I think that would be a safer, more user friendly option than a sidewalk immediately adjacent to the curb. I don't think it would be design -overkill for the street. It would be the most pleasant of the options to get to the regional trail and to Miinnewashta Elementary. Thanks for your time. Dale Woodbeck 26475 Strawberry Ct Sandie Thone Subject: FW: Ponding-Stormwater Project - Shorewood - Strawberry Lane Attachments: IMG_1846 jpg From: Brent Hislop - Live <brent.his1opPL1VE,CGM> Sent: Monday, July 26, 2021 5:12 PM To: Marie Darling <MDarlinPPci.shorewood.mn.us>; Engineer <CitVEn ineer@ci.shorewood.mn.us> Subject: FW: Ponding-Stormwater Project - Shorewood - Strawberry Lane Hi Marie/Andrew — Below is an email we had some discussion on last year. Before this project is finalized, I wanted to address this one more time —these items originate off of our property, but impact our parcel. Please see below & attached. Marie — I'd ask you forward this to Council for some consideration/discussion. Thanks for your review. Brent Hislop (612) 590-0811 brent.hislopr ive.corn From: Brent Hislop - Live <brent.hislop(ZDLIVE.COM> Sent: Friday, May 22, 2020 2:12 PM To: Andrew Budde (cityen ineer a ci.shorewood.mn.us) <cityen�ineer apdshorewood.mn.us> Subject: Pond ing-Stormwater Project - Shorewood - Strawberry Lane Hi Andrew — Good to talk with you yesterday. I understand the City is in process of addressing some of the stormwater issues in the greater western part of Shorewood. As talked, I ask the City to address 3 items which impact our home/property at 6000 Strawberry Lane in Shorewood. 1. Existing Pond (maint. needed) — as you know there's an existing pond at the N/NW part of our property. I believe this was installed 40 yrs. ago when Strawberry Gardens was done. The City has a D/U easement over it for basic maintenance. I believe it's likely not been improved during its lifetime. It's fairly shallow & full of silt.... I don't believe it functions at the capacity it was originally intended for. .... My request is that the City dredge/hydrovac the silt to allow intended capacity. We enjoy the pond and don't want it dry, but do want it to function as intended — basic typical maintenance. 2. Old Drain Tile — water from other properties (not functioning) — After we bought the property in 2008 (does not show on city util. plans), I learned there is an old clay drain tile line which exists and drains to the pond. I expect this was likely installed in the 70's or 80's when some of the lots to our west/southwest were improved. The line is collapsed in at least one location & I suspect does not function property. The result of this is over -ground flow on the SW part of our land toward the pond — generally in spring (snow melt) and during larger rain events (i.e. like last weekend) — *** this is largely water coming from other properties onto ours. I've had a wetland delineation done 2x in the past 12 yrs. — the NOD was No Wetlands, but as you can see from the attached picture — a fair bit of over - ground flow occurs coming from other properties. My request is that the city correct the issue to pipe any off -site water directly to the pond. The pipe cuts across our property (prior to us owning, it was vacant/thick buckthorn -tree cover), but I'd like to see it run in the D/U easement at our west property line and then to the existing pond. 3. LRT Trail Ditch Drainage (not functioning / maintenance) — Our property runs along a portion of the bike trail. In the past I've talked with long-time residents (some have owned for 50+ years) — I understand that the regional trail ditch system historically moved stormwater to the east/NE. While remnants of this ditch system still exist, it's largely been allowed to deteriorate and no longer functions in many segments. Along our property — water flows to the trail ditch, but generally ponds/backs up. This is a location that the Metropolitan Mosquito Control Dist. often uses as a sample/test spot. My request is that the City include bike trail drainage ditch maintenance in their project to allow the orig. stormwater movement to function — flow under Strawberry Lane and to the east. I look forward to meeting with you next Wednesday @ 4:00 to talk & walk the property. Thanks for your help in advance on these issues. Enjoy your Memorial Day weekend. 6//Tv� Brent Hislop (612) 590-0811 brent.hislop@live.com 2 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-084 (Version A) A RESOLUTION REGARDING SIDEWALK FACILITIES WITHOUT SHIFTING THE ROADWAY ALIGNMENT FOR STRAWBERRY LANE, CITY PROJECT 19-05 WHEREAS, the current Capital Improvement Plan (CIP) identifies improvements to nd Strawberry Lane Reconstruction and Trail project from West 62 Street to Smithtown Road and includes street reconstruction, walking trail, watermain, and drainage improvements; and WHEREAS, the city approved a Feasibility Study for Strawberry Lane and Trail project that identified an eight-foot-wide bituminous trail and five-foot-wide turf boulevard; and WHEREAS, feedback from adjacent residents to the project would prefer a six-foot-wide sidewalk on the east side of the roadway adjacent to the back of curb, to minimize impacts to yards, trees, and other features along the corridor; and WHEREAS, a six foot wide sidewalk, adjacent to the back of curb of Strawberry Lane, can be constructed to generally maintain the same western edge of the roadway, without a shift in centerline alignment south of the Lake Minnetonka Regional Trail; and WHEREAS, said option would require right of way acquisition from four additional properties on the west side of Strawberry Lane. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota directs staff to incorporate a six-foot-wide concrete sidewalk on the east side of Strawberry Lane and adjacent to the back of curb, and generally maintain the same western edge of the roadway south of the Lake Minnetonka Regional Trail and the pursue acquisition of right of way from four additional properties on the west side of Strawberry Lane. th Passed by the City Council of Shorewood, Minnesota this 26 day of July 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-084 (Version B) A RESOLUTION REGARDING SIDEWALK FACILITIES AND SHIFTING THE PROPOSED ROADWAY ALIGNMENT FOR STRAWBERRY LANE, CITY PROJECT 19-05 WHEREAS, the current Capital Improvement Plan (CIP) identifies improvements to nd Strawberry Lane Reconstruction and Trail project from West 62 Street to Smithtown Road and includes street reconstruction, walking trail, watermain, and drainage improvements; and WHEREAS, the city approved a Feasibility Study for Strawberry Lane and Trail project that identified an eight-foot-wide bituminous trail and five-foot-wide turf boulevard; and WHEREAS, feedback from adjacent residents to the project would prefer a six-foot-wide sidewalk on the east side of the roadway adjacent to the back of curb, to minimize impacts to yards, trees, and other features along the corridor; and WHEREAS, the narrower corridor, with a six foot wide sidewalk adjacent to the back of curb, allows for the roadway alignment south of the Lake Minnetonka Regional Trail to shift six feet East and eliminate right of way acquisition from four properties on the west side of the roadway. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota directs staff to incorporate a six-foot-wide concrete sidewalk on the east side of Strawberry Lane and adjacent to the back of curb, along with a six foot roadway alignment shift to the East to center the roadway corridor in available right of way and eliminate property acquisitions from four property owners on the west side of Strawberry Lane. th Passed by the City Council of Shorewood, Minnesota this 26 day of July 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-085 A RESOLUTION APPROVING PLANS & SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT OF BIDS FOR THE COVINGTON ROAD WATERMAIN IMPROVEMENT PROJECT CITY PROJECT 21-07 WHEREAS, the City of Council discussed at the July 6, 2021 work session the recent water main failures on Covington Road between Vine Hill Road and Vine Ridge Road and the need to complete a project to replace the deteriorated watermain to insure the integrity of the distribution system; and WHEREAS, project plans, specifications and engineer’s estimate have been prepared for said improvement and found to be in order; and WHEREAS, project will be funded through the Municipal Water Fund; NOW THEREFORE, IT RESOLVED: that the City Council of the City of Shorewood hereby approves the Final Plans & Specifications and authorizes bidding for the Covington Road Watermain Improvement project, City Project 21-07. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26 day of July 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-086 A RESOLUTION REJECTING BIDS FOR THE LIFT STATIONS 7 AND 10 REHABILITATION PROJECT, CITY PROJECT 20-12 WHEREAS, pursuant to an advertisement for bids for the Lift Stations 7 & 10 Rehabilitation Project, bids were received on July 6, 2021 opened and tabulated according to law, with the following bids received and complying with the advertisement: Contractor Total Bid Meyer Contracting $429,819.67 Pember Companies $437,012.30 Minger Construction Co. $443,218.70 WHEREAS, the quotes received are 48% above the engineers estimate and total project costs would be above the amount budgeted for in the Capital Improvement Plan; NOW THEREFORE, BE IT RESOLVED: by the City Council of the City of Shorewood hereby rejects the bids received and directs the City Clerk to return the bid bonds and securities to the bidders. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26 day of July, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 9A MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Discussion Regarding Amendments for Urban Farm Animals Applicant: City of Shorewood Meeting Date: July 26, 2021 Prepared By: Marie Darling, Planning Director Attachments: Potential Ordinance Amendments for Urban Farm Animals Chapter 705.09 (Farm Animals) of City Code Background: On June 28, 2021, the City Council reviewed general information on how other cities and Shorewood regulate farm animals and directed staff to draft amendments to the ordinance to allow the following changes to the regulations: 1. Remove the requirement that a 75 percent of neighbors within 150 feet must consent to the request. 2. Add a regulation that the animal shelter must be located closer to the animal owner’s home that to a home on an abutting property. 3. Limit the ownership of urban farm animals to properties with single-family dwellings. 4. Require a renewal of the permit, but not require a fee. 5. Prohibit slaughtering. The attached ordinance amendment reflects all the above items. Staff also added a requirement for screening because the neighbors will no longer be consulted on the appropriate fencing. Staff proposed requiring screening when the enclosure is located within 25 feet of a property line. Financial or Budget Considerations: Without a renewal fee, the City would be subsidizing the cost of processing the renewals and conducting the inspections for animal owners. Next Steps: At the June 28, 2021 meeting, staff mentioned that due to a recent Supreme Court Decision, the adoption of an ordinance amendment that relies on zoning ordinance regulations may also have to follow the same process as zoning amendments. Because the case was only recently decided, the League has not yet had time to put together guidance on this topic. To avoid any legal ambiguity with this ordinance amendment, staff recommends that the City follow the same public hearing process for this amendment as a zoning ordinance amendment. The next available meeting to hold a public hearing on this topic would be September 7, 2021. 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. 705.09 FARM ANIMALS. Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor or otherwise possess a rural farm animal within the city. Subd. 2. Urban farm animals. A person may own, keep, harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. b. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in § 704.06, Subd. 1. of this chapter. The shelter structure and confinement areas shall be adequately screened to the satisfaction of neighboring property owners, as provided in § 705.09, Subd. 2.j.(2). Screening may be achieved by fencing or landscaping, or a combination of both. c. The urban farm animal must be contained on the property by the use of a fence or other appropriate containment device or structure. d. Roosters are not allowed. e. An urban farm animal must not be kept on residentially-zoned property if it is being used as part of a commercial purpose, whether or not the commercial use occurs on the residentially-zoned property. f. The ground or floor of the area where an urban farm animal is kept must be covered with vegetation, concrete or other surface approved by the Planning Department, so that it can be, and is, sufficiently maintained to adequately dissipate offensive odors, in compliance with § 704.06, Subd. 2.a. and c. of this chapter. g. The number of chickens, ducks, geese, turkeys, guinea hens, or rabbits shall not exceed six. h. The number of bee hives shall not exceed four. i. Any person having more than the allowable number of animals set forth in paragraphs g. and h. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. j. Permit issuance; fees. (1) No urban farm animal may be kept in the city until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official. No permit shall be granted until the necessary fee has been paid, and until the Building Official or staff representative has made an inspection of the property, and has ascertained that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including, but not limited to, the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property. (b) Architectural plans showing floor plans, building elevations and dimensions. (c) Landscaping plan showing how the shelter structure and confinement areas will be screened from adjoining properties. (2) The applicant for any permit required under the provisions of this chapter shall provide with the application, the written consent of 75% of the owners or occupants of privately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the permit is being requested, or, in the alternative, proof that the applicant's property lines are 150 feet or more from any structure. Where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants of property located on the opposite side of the street. Where a property within 150 feet consists of a multiple dwelling, the applicant need only obtain the written consent of the owner or manager, or other person in charge of the building. (3) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee schedule by ordinance. (Ord. 493, passed 3-12-2012) Penalty, see § 104.01 City of Shorewood Investments Summary 2020-2021 07/31/2008/31/2009/30/2010/31/2011/30/2012/31/2001/31/2102/28/2103/31/2104/30/2105/31/2106/30/21 Allocation ($) 4M Fund 2,080,531.85 9,452,325.97 9,994,973.23 9,254,020.11 9,538,762.24 8,862,918.33 9,106,479.90 9,756,920.45 10,262,454.95 6,948,611.87 6,954,234.02 7,207,509.26 Brokered Money Markets - - - - - - - - - - - - Brokered Certificates of Deposit 3,783,445.26 3,780,630.64 3,532,686.56 3,283,276.71 3,279,754.52 4,275,087.53 4,032,177.49 3,782,865.19 3,298,394.17 3,794,814.63 3,792,685.99 3,545,034.26 Government Agency Securities (0.00) (0.00) (0.00) (0.00) (0.00) (0.00) - - - 1,520,762.00 1,524,082.00 1,517,871.00 Municipal Bonds 2,185,155.00 2,181,944.85 1,898,371.30 1,894,162.30 1,610,988.05 1,293,926.25 1,291,058.20 903,500.70 900,970.00 1,195,968.00 1,193,261.50 1,190,621.50 8,049,132.11 15,414,901.46 15,426,031.09 14,431,459.12 14,429,504.81 14,431,932.11 14,429,715.59 14,443,286.34 14,461,819.12 13,460,156.50 13,464,263.51 13,461,036.02 Allocation (%) 4M Fund25.8%61.3%64.8%64.1%66.1%61.4%63.1%67.6%71.0%51.6%51.6%53.5% Brokered Money Markets0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% Brokered Certificates of Deposit47.0%24.5%22.9%22.8%22.7%29.6%27.9%26.2%22.8%28.2%28.2%26.3% Government Agency Securities0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%11.3%11.3%11.3% Municipal Bonds27.1%14.2%12.3%13.1%11.2%9.0%8.9%6.3%6.2%8.9%8.9%8.8% 100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0% Weighted Average Portfolio Yield2.075%2.059%1.950%1.780%1.810%1.410%1.420%1.430%1.440%0.720%0.710%0.674% Weighted Average Portfolio Maturity (Days)348317283301288304286295296691660684 City of Shorewood - Investments Detail MarketChange inMarket 12/31/21 ParYieldPurchaseMaturityValueTransfersTransfersMarket ValueInterest/Value Value%DateDateCusipFDIC #12/31/2020PurchasesSalesinout& Gain/LossDividends6/30/2021 4M Fund Money Market4M Fund 10,262,454.95 0.01 8,862,918.33 2,440,600.00 (3,166,727.61) 70,075.93 (1,000,000.00) - 642.61 7,207,509.26 Discover Bank CDBrokered CD 240,000.002.001/5/20171/5/2021254672Z275649 240,064.80 - (240,000.00) - (2,419.73) (64.80) 2,419.73 (0.00) Mahtomedi MN ISD TaxableMunicipal Bonds 385,000.00 3.40 8/1/20152/1/2021560211MN1N/A 385,735.35 - (385,000.00) - (6,545.00) (735.35) 6,545.00 - First National Bank/The First, NABrokered CD 249,994.801.462/26/20202/5/2021Non-DTC4256 246,400.00 - (246,400.00) - (3,594.80) - 3,594.80 - First Mid-Illinois Bank & Trust CDBrokered CD 249,128.992.833/13/20193/12/2021Non-DTC3705 235,800.00 - (235,800.00) - (13,328.99) - 13,328.99 - Pinnacle Bk Nashville TN CDBrokered CD 245,000.001.959/21/20173/22/202172345SFU035583 246,061.34 - (245,000.00) - (1,191.10) (1,061.34) 1,191.10 0.00 New Hampshire State GOMunicipal Bonds 595,000.002.705/20164/1/2021644682U38N/A 598,581.90 - (595,000.00) - (8,032.50) (3,581.90) 8,032.50 - Landmark Community Bank TN CDBrokered CD 249,900.830.0612/2/20206/1/2021Non-DTC34982 249,800.00 - (249,800.00) - (100.83) - 100.83 - CFG Community Bank Lutherville, MD CDBrokered CD 249,778.751.6912/11/20196/10/2021Non-DTC34294 243,600.00 - (243,600.00) - (6,178.75) - 6,178.75 - Great Midwest Bank CDBrokered CD 111,046.612.888/15/20188/16/2021Non-DTC29657 102,000.00 - - - - - - 102,000.00 Citibank NA CDBrokered CD 198,000.002.958/24/20188/24/202117312QR847213 201,824.17 - - - (2,994.41) (2,931.98) 2,994.41 198,892.19 Los Angeles CAMunicipal Bonds 300,000.001.303/17/20209/1/2021544351MC0N/A 309,609.00 - - - (7,500.00) (7,200.00) 7,500.00 302,409.00 Texas Capital Bank, TX CDBrokered CD 249,849.600.1012/2/202012/2/2021Non-DTC34383 249,600.00 - - - - - - 249,600.00 Sallie Mae Bank Salt Lake City, UT CDBrokered CD 247,000.001.7512/18/201912/20/20217954505Y758177 251,079.70 - - - (2,155.33) (2,062.45) 2,155.33 249,017.25 KS State Bank/Kansas State Bank of ManhattanBrokered CD 249,785.371.602/26/20202/28/2022Non-DTC19899 242,000.00 - - - - - - 242,000.00 Third Coast Bank, SSB CDBrokered CD 249,753.211.523/2/20203/2/2022Non-DTC58716 242,400.00 - - - - - - 242,400.00 Wells Fargo Bk N A Sioux Falls SD CDBrokered CD 249,000.002.703/27/20193/28/2022949763YT73511 257,307.64 - - - (3,414.38) (3,313.95) 3,414.38 253,993.69 Western Alliance Bank/Torrey Pines Bank CA CDBrokered CD 249,908.780.204/1/20214/1/2022Non-DTC57512 - 249,400.00 - - - - - 249,400.00 CIBC Bank USA/Priate Bank MI CDBrokered CD 249,908.810.1112/2/20205/26/2022Non-DTC33306 249,500.00 - - - - - - 249,500.00 Ally Bank CDBrokered CD 247,000.002.068/8/20198/8/202202007GLA957803 255,199.41 - - - (2,677.07) (2,614.25) 2,677.07 252,585.16 Capital One Bank USA NA CDBrokered CD 247,000.002.068/7/20198/8/202214042TBP133954 255,199.41 - - - (2,677.07) (2,614.25) 2,677.07 252,585.16 Pacific Western Bank, CA CDBrokered CD 249,697.780.1212/2/202012/2/2022Non-DTC24045 249,100.00 - - - - - - 249,100.00 Servisfirst Bank, FL CDBrokered CD 249,900.080.164/1/20214/3/2023Non-DTC57993 - 249,100.00 - - - - - 249,100.00 Greenstate Credit Union, IA CDBrokered CD 249,947.600.156/1/20216/1/2023Non-DTCNCUA - 249,200.00 - - - - - 249,200.00 Morgan Stanley Pvt Bank CDBrokered CD 247,000.001.769/5/20199/5/202361760AX6134221 258,151.06 - - - (2,265.97) (2,490.25) 2,265.97 255,660.81 Waukesha WI Prom NtsMunicipal Bonds 500,000.000.204/20/202110/1/2023943080VH1N/A - 521,960.00 - - - (2,175.00) - 519,785.00 US TreasuryGovernment Agency 500,000.000.294/5/20214/30/2024912828X70N/A - 530,422.67 - - (5,000.00) (8,176.67) 5,000.00 522,246.00 Waukesha WI Prom NtsMunicipal Bonds 350,000.000.364/20/202110/1/2024943080VJ7N/A - 369,645.50 - - - (1,218.00) - 368,427.50 US TreasuryGovernment Agency 500,000.000.574/5/20213/31/2025912828ZF0N/A - 498,647.43 - - - (1,010.93) - 497,636.50 US TreasuryGovernment Agency 500,000.000.824/5/20213/31/202691282CBT7N/A - 498,352.01 - - - (363.51) - 497,988.50 14,431,932.11 5,607,327.61 (5,607,327.61) 70,075.93 (1,070,075.93) (41,614.63) 70,718.54 13,461,036.02 Net Interest Earnings (Interest and realized gains/losses on securities) 29,103.91 29,103.91