09-27-21 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 27, 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 September 13, 2021 Minutes
B. City Council Regular Meeting Minutes of September 13, 2021 Minutes
C. Approval of the Verified Claims List Claims List
D. Approve Election Judge Compensation Rates City Clerk/HR Director Memo
Resolution 21-108
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. Once you are recognized, please identify yourself by your first and last
name and your address for the record. After this introduction, please limit your comments to three minutes. All comments will be
respectful. No action will be taken by the council on this matter, but the mayor or council could request that staff place this matter on a
future agenda. (No Council Action will be taken)
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
6. PARKS
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
7. PLANNING
A. Report by Commissioner Maddy on 09-07-21 Planning Commission Meeting Minutes
B. Urban Farm Animal Ordinance Amendments Planning Director Memo
Ordinance 582
Resolution 21-109
C. Variance to side and rear yard setbacks Planning Technician Memo
Applicant: Wayne Hartmann Resolution 21-110
Location: 27460 Maple Ridge Lane
D. Fence C.U.P. Planning Technician Memo
Applicant: Alec Walsh Resolution 21-111
Location: 5660 Minnetonka Drive
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. Approve AFSCME contract with PW City Administrator Memo
Resolution 21-112
B. Utility Rates Review Finance Director Memo
Ordinance 583
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 13, 2021 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 6:01 P.M.
A. Roll Call
Present: Mayor Labadie; Councilmembers Siakel, Callies, and Gorham; City Administrator
Lerud
Absent: Councilmember Johnson
B. Review and Adopt Agenda
Gorham moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0.
2. SOUTH LAKE MINNETONKA PD JOINT POWERS AGREEMENT
City Administrator Lerud gave a brief overview of the South Lake Minnetonka Police Department
(SLMPD) Joint Powers Agreement (JPA), noting on June 14, 2021, the City Council reviewed and
gave tentative approval to proposed changes. The SLMPD Coordinating Committee decided to
bring the remaining issues back to the city councils of each city to get feedback and direction on
those items. He explained the remaining items relate to the budget and funding formula. He
asked the City Council to provide some direction on the remaining issues.
The Council discussed the main issues within the Joint Powers Agreement (JPA). Mayor Labadie
stated in Section 7B it states exhibit 1 is attached but the exhibits attached to their copies are
referred to by letter. City Administrator Lerud stated exhibit 1 is actually exhibit A in the Council
packet; he noted that will be corrected in the final revision. Councilmember Gorham stated in
Section 9, subdivision 1 it indicates there are “following conditions” and notes there are none
listed. City Administrator Lerud responded stating that Subdivision 2 under that section will list the
conditions, noting the conditions are part of what needs to be decided on by the City Council.
Councilmember Siakel noted her frustration regarding voting rights not equating to percentage of
contributions but stated the issue does not need to be included in the agreement.
There was consensus of the Council to have City Administrator Lerud add the definition
of ICR into the definitions section and provide Council with more documentation relating
to the arrests noted and continue discussion on this item at a later date.
3. ADJOURN
Gorham moved, Callies seconded, Adjourning the City Council Work Session Meeting of
September 13, 2021 at 6:52 P.M. Motion passed 4/0.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
September 13, 2021
Page 2 of 2
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 13, 2021 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:00 P.M.
A. Roll Call
Present: Mayor Labadie; Councilmembers Siakel, Callies, and Gorham; City Attorney
Keane; City Administrator Lerud; City Clerk/HR Director Thone; Planning
Technician Notermann; Finance Director Rigdon; Director of Public Works Brown;
and, City Engineer Budde
Absent: Councilmember Johnson.
B. Review Agenda
Gorham moved, Callies seconded, approving the agenda as presented.
Roll Call Vote: Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Callies moved, Gorham seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of August 23, 2021
B. Approval of the Verified Claims List
C. Adopting RESOLUTION NO. 21-099, “A Resolution Approving the Proposed
2022 Lake Minnetonka Communications Commission Budget.”
D. Adopting RESOLUTION NO. 21-090, “A Resolution Approving Cooperative
Construction Agreement with City of Chanhassen for the 2021 Mill & Overlay
Project, City Project 20-08.”
E. Adopting RESOLUTION NO. 21-100, “A Resolution Selection of the Truth-In-
Taxation Public Meeting Date.”
F. Adopting RESOLUTION NO. 21-101, “A Resolution Approving an Audit
Engagement Letter with the Firm Abdo Eick and Meyers LLP to Provide
Financial Audit Services to the City.”
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 13, 2021
Page 2 of 5
G. Adopting RESOLUTION NO. 21-102, “A Resolution Approving Change
Orders 1 and 2 and Accepting Easement Agreements for the Glen Road,
Amlee Road, and Manitou Lane & Utility Improvements, City Project 18-08.”
H. Adopting RESOLUTION NO. 21-103, “A Resolution Accepting Improvements
and Authorizing Final Payment for the 2020 Catch Basin and Culvert Repair
Project, City Project 20-09.”
Roll Call Vote: Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
3. MATTERS FROM THE FLOOR
Mary Rotunno, 5525 Howard’s Point Road, thanked Mayor Labadie, the City Council and the
South Lake Police department for their service to the City. She read a letter from a group of
residents, many in attendance, into the record of appreciation for all of the accomplishments and
hard work of the Council and the other groups serving the residents.
The City Council thanked Rotunno for the words of support and appreciation.
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Curt Mackey, Fire Chief, Excelsior Fire District
Fire Chief Mackey, Excelsior Fire District, provided an update on the 2022 EFD Budget for the
council and answered questions from the council. The EFD Open House is scheduled for
October 7th from 5:30 PM to 7:30 PM.
Councilmember Callies stated she appreciates Fire Chief Mackey’s comments and the fact that
they are preserving mental health.
Councilmember Siakel asked what the current staffing numbers look like. Fire Chief Mackey
stated they have been staying flat as a result of people retiring as new hires start. He stated they
have been lucky to have had such quality candidates.
Mayor Labadie thanked Fire Chief Mackey for the hard work on the budget.
Gorham moved, Siakel seconded, Approving the EFD 2022 Budget.
All in favor, motion passed.
B. Representative Kelly Morrison
Representative Morrison provided a Legislative update and a summary of the final budget
agreement work being done on the $52 billion budget for the Council.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 13, 2021
Page 3 of 5
Alan Yelsey of 26335 Peach Circle, thanked the City Council for offering the Zoom feature for
joining the meeting remotely and posed a question for Rep. Morrison regarding working across
the aisles in her work.
6. PARKS
A. Approve Quotes for Silverwood Park Improvements, City Project 21-05
City Engineer Budde descried the improvements to the Silverwood Park playground equipment
in addition to site improvements. He stated staff requested four quotes but only one quote was
received. He presented the quote from Parkstone Contracting LLC in the amount of $107,540,
which is over the engineer’s estimate of $63,000 by $45,000.
City Engineer Budde stated staff recommends approval of the award in the amount of $15,400 to
the low quote, Parkstone Contracting, LLC, and rebidding the remaining work this winter.
Councilmember Gorham asked why equipment was requested on such a short notice. City
Engineer Budde stated it was due to delays in the project led by him mainly.
Councilmember Siakel asked if there is a reason this cannot be done next year. City Engineer
Budde stated the purchase agreement has already been approved by the City Council and noted
the playground will be functional sooner this way so kids will be able to use it in the spring of next
year. He stated they will only need to shut down the playground at some point during the summer
of next year to finish up the work on it.
Gorham moved, Callies seconded, Adopting RESOLUTION NO. 21-104, “A Resolution
Awarding Contract for the Silverwood Park Improvements Project, City Project 21-05.”
All in favor, motion passed.
7. PLANNING
A. Approve Extension for Code Compliance at 6185 Cardinal Drive
Planning Technician Notermann stated in May, the City received a compliant regarding a large
accumulation of junk and discarded material on the rear yard of 6185 Cardinal Drive. She
provided an overview of staff’s inspection of the property in June, enforcement action taken in
August, and recommendation for an extension of Code compliance as the property owners are
actively working to clean up the property and have made significant progress. She noted on
th
September 8 there was a check at the property and saw significant progress on the property.
Callies moved, Gorham seconded, Adopting RESOLUTION NO. 21-105, “A Resolution
Approving a Request for Extension to a Correct Code Violation for Property Located at
6185 Cardinal Drive.”
All in favor, motion passed.
8. ENGINEERING/PUBLIC WORKS
A. Designate No Parking on Glen Road, Amlee Road and Manitou Lane
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 13, 2021
Page 4 of 5
City Engineer Budde provided an overview of the final plans and specifications for the Glen Road,
Amlee Road, Manitou Lane project that includes narrower streets than the City standard. He
explained the narrower streets will not allow for parking on both sides of the roadway, therefore
the inbound lane will be signed as no parking along with the cul-de-sacs.
Siakel moved, Callies seconded, Adopting RESOLUTION NO. 21-106, “A Resolution to
Prohibit Parking on Inbound Side of Glen Road, Amlee Road, and Manitou Lane; City
Project 18-08.”
All in favor, motion passed.
9. GENERAL/NEW BUSINESS
A. Approve 2022 Preliminary Budget and Levy
Finance Director Rigdon provided a presentation reviewing the 2022 preliminary budget and levy.
Mayor Labadie thanked Finance Director Rigdon for his well-prepared report and noted as always,
she appreciates the use of colors and graphs.
Councilmember Gorham asked what the result would be if they choose to decrease the levy.
Finance Director Rigdon stated the easiest way to put it into the system in that case would be to
put it in the capital levy.
Councilmember Gorham stated they have already exceeded the budget and asked how they
handle that going forward. Finance Director Rigdon stated the City uses conservative budgeting
and noted they do have a reserve fund in the budget if needed for any significant event.
Siakel moved, Gorham seconded, Adopting RESOLUTION NO. 21-107, “A Resolution
Adopting the Preliminary 2022 General Fund Operating Budget and Property Tax Levy.”
All in favor, motion passed.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Project Update for Strawberry Lane Street Reconstruction
City Engineer Budde provided an update on the Strawberry Lane Street Reconstruction and Trail
project explaining that it is recommended they now shift the proposed construction to summer of
2023 instead of 2022. He stated the process would likely include an additional public meeting for
the residents yet this year.
2. Other
City Engineer Budde provided an update on current City projects which includes wrapping up
Glen, Amlee, Manitou project in the next 1-2 weeks’ time.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 13, 2021
Page 5 of 5
City Attorney Keane explained that the access to Timber Lane which was filed in District Court
will go to trial on December 9, 2022. He stated The League of MN Cities will be defending
Shorewood in the case.
City Administrator Lerud stated the City’s Shred Event will be held on Saturday, October 23, 2021
from 9 AM to Noon at City Hall.
B. Mayor and City Council
Councilmember Callies stated that the Radisson Road project went well and that the contractor
did a good job and quickly cleaned up the area. She noted it has been brought up a few times
that the public has a hard time communicating or just don’t know how to with the City Council so
she suggests that they add a “How to Communicate with the City Council” article in the next
newsletter and on the website. She also explained that the Strawberry Lane project timeline is a
policy issue and therefore should be a Council decision, yet it was already communicated in the
contacts blast as delayed and presented as a staff report. Staff and Council discussed the process
and the project in some detail, and agreed with the recommendation to put it on a future agenda,
along with Zoom interactive meetings, which she noted is also a policy issue and should come
back to the City Council for review. She confirmed with City Administrator Lerud that the last
attorney interview will be held at a work session on September 27.
Mayor Labadie explained she toured the new Minnetonka School District building that will house
the SALE program which teaches independent life skills. She stated she has hosted her second
Coffee with the Mayor at Pillars of Shorewood Landings with Sheriff Hutchinson of Hennepin
County. She stated she attended the movie in the park, which had a great turnout and thanked
staff, especially Twila Grout and Julie Moore for their work on the event. She noted tomorrow is
the school district meeting for the local mayors, and ski club registration is tomorrow at 8 AM.
11. ADJOURN
Gorham moved, Callies seconded, Adjourning the City Council Regular Meeting of
September 13, 2021, at 8:51 P.M.
All in favor, motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
#2 C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Verified Claims
Meeting Date: September 27, 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.
67031-670476 & ACH 1,813,180.38
Total Claims $1,813,180.38
We have also included a payroll summary for the payroll period ending September 13, 2021.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents and funds are
budgeted and available for these purposes.
Options:
The City Council may accept the staff recommendation to pay these claims or may reject any
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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City of Shorewood Council Meeting Item
2D
Title/Subject: Election Judge Compensation Rates
Meeting Date: Monday, September 27, 2021
MEETING
Prepared by: Sandie Thone, City Clerk/HR Director
TYPE
Reviewed by: Greg Lerud, City Administrator
Regular
Brenda Pricco, Deputy Clerk
Meeting
Attachments: Resolution
Policy Consideration: Pursuant to MN State Statutes election judges are entitled to be paid at
least the prevailing minimum wage for their work, but may choose to serve on a volunteer basis
if desired. On January 1, 2022, Minnesota’s minimum wage rate will be adjusted to $10.33 per
hour. The rate of pay is established by the municipality, county or school district in which the
judge is serving.
Background: The city has a need for citizens to serve as election judges, in the Primary and
General elections in 2022, as well as absentee/early voting during the direct balloting period one
week before the General Election. The position titles were updated and compensation rates
were increased in 2019 but a recent audit of election judge pay of Minnesota cities and counties
shows many are paying at or close to the $15/hour rate. We are proposing an increase of $2.00
per hour per position.
Staff is respectfully recommending Shorewood Election Judge compensation rates be increased
as follows:
Judge Position Current Rate Proposed Rate
Head Judge $13.00 / hour $15.00 / hour
Election Judge $12.00 / hour $14.00 / hour
Student Judge $10.00 / hour $12.00 / hour
Financial or Budget Considerations: The 2022 Proposed Election Budget has taken this
proposed increase into consideration and will cover the additional election judge costs.
Action Requested:
Motion, second and simple majority vote required.
Connection to Vision/Mission: Consistency in providing residents quality public services, a
healthy environment, a sustainable tax base, and sound financial management through
effective, efficient, and visionary leadership.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-108
A RESOLUTION APPROVING
ELECTION JUDGE COMPENSATION RATES
WHEREAS, the City has a need for citizens to serve as election judges in the primary
and general elections; and
WHEREAS, the compensation rates for election judges have not been reviewed or
updated since 2019; and
WHEREAS, staff has reviewed current Shorewood compensation rates in comparison to
other metro area city election judge compensation rates and reviewed MN Secretary of
State guidelines and recommendations to ensure appropriateness; and
WHEREAS, pursuant to MN Statutes election judges are entitled to be paid at least the
prevailing Minnesota minimum wage for their work, but may choose to serve on a
volunteer basis if desired and the rate of pay is established by the municipality.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
That the City of Shorewood will establish the following election judge hourly
compensation rates, beginning with the year 2022 elections, for those individuals
who serve as judges for the primary and general elections:
Head Judge $15.00 / hour
Election Judge $14.00 / hour
Student Judge $12.00 / hour
ADOPTED by the City Council of the City of Shorewood this 27th day of September 2021.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, SEPTEMBER 7, 2021 7:00 P.M.
DRAFT MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:01 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Gault, Huskins, and Riedel; Planning Director
Darling; Planning Technician Notermann; and, Council Liaison Johnson
Absent: Commissioner Eggenberger
1. APPROVAL OF AGENDA
Riedel moved, Huskins seconded, approving the agenda for September 7, 2021, as
presented. Motion passed 4/0.
2. APPROVAL OF MINUTES
August 3, 2021
Gault moved, Huskins seconded, approving the Planning Commission Meeting Minutes of
August 3, 2021, as presented. Motion passed 3/0/1 (Riedel).
3. MATTERS FROM THE FLOOR - NONE
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.
4. PUBLIC HEARINGS
A. Urban Farm Animal Ordinance Amendments
Planning Technician Notermann explained that in June, a resident asked the City Council to
amend the City’s regulations regarding required consent from a portion of the neighbors in order
to have chickens or to add a variance process. She referenced a recent Minnesota Supreme
Court decision that appears to require cities to follow the same process for ordinance
amendments on codes related or dependent on zoning regulations as actual zoning amendments.
As a result, the City Council forwarded the proposed ordinance amendments to the Planning
Commission for public hearing and recommendation.
Planning Technician Notermann provided an overview of the proposed amendments based on
Planning Commission direction from their August 3, 2021, as well as housekeeping corrections
as recommended by staff.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 7, 2021
Page 2 of 8
Commissioner Riedel asked if residents were allowed to have two dogs, but to go beyond two
dogs the consent of neighbors was required.
Planning Technician Notermann stated she would have to investigate this matter further.
Commissioner Riedel suggested if this was the case that the language regarding neighbor
consent for dogs be removed from this portion of City Code given the fact residents would be able
to have chickens without needing to receive neighbor consent.
Commissioner Huskins questioned if a resident wishes to do something different (twice as many
chickens, etc.) than is in the code, what will that trigger.
Planning Technician Notermann reported this resident would have to make a request to the City
Council and staff would have to be directed to look into the request. She noted there was no
variance process in place for the urban farm animals code language. Depending on the request,
the City may have to consider another ordinance amendment. She explained the urban farm
animal section of the code was not within the zoning code so no variance or conditional use permit
would apply to these requests.
Chair Maddy opened the Public Hearing at 7:13 P.M. noting the procedures used in a Public
Hearing. There being no public comment, Chair Maddy closed the Public Hearing at 7:13 P.M.
Commissioner Riedel commended the Commission for their work on this matter at the last
meeting. He stated he supported removal of the neighbor consent language as he anticipated
this would be an area of contention. He noted he liked the language that required the coop to be
closer to the applicants house than the neighbor’s house.
Commissioner Huskins recommended the fees be listed within the Ordinance. Planning
Technician Notermann reported this information was within the fee schedule that was adopted by
the City Council on an annual basis.
Huskins moved, Riedel seconded, to recommend approval of ordinance approving an
amendment to Shorewood City Code Chapter 705 (Farm and Other Animals) as presented
by staff. Motion passed 4/0.
B. CUP for a fence
Applicant: Alec Walsh
Location: 5660 Minnetonka Drive
Planning Technician Notermann gave an overview of the request by Alec Walsh for a CUP to
construct a six-foot fence at 5660 Minnetonka Drive. She explained a six-foot fence in a front
yard abutting an arterial road, County Road 19/Smithtown Road, is allowed with the approval of
a CUP. She reviewed the R-2A Single and Two-Family Residential zoning of the subject property,
applicable Code sections, staff’s analysis, and findings. Staff recommended approval of the CUP
subject to the applicant obtaining all necessary permits prior to constructing the fence.
Commissioner Huskins asked if the fence would be on the property line along Minnetonka Drive.
Planning Technician Notermann reported the fence along Minnetonka Drive would be four feet in
height and this was allowed per City Code. She noted the portion along County Road19 would be
six feet in height, which would require a CUP.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 7, 2021
Page 3 of 8
Commissioner Riedel questioned if neighbor permission was required in order to locate the fence
directly on the property line.
Planning Technician Notermann explained this would be completed when the applicant applied
for a zoning permit.
Alec Walsh, 5660 Minnetonka Drive, reported the fence along the west property line would be
four feet from the property line. He noted there was a sewer easement along this property line
and he did not want to be required to remove the fence if the City had to access the sewer line.
Commissioner Huskins questioned if the fence would be treated, painted or stained.
Mr. Walsh reported the fence would be weathered and then stained a natural tone.
Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:24 P.M.
John Leebens, 23825 Smithtown Rd, stated he lived directly across the street and has done so
for the past 25 years. He discussed how much traffic went by his property on a daily basis noting
he fully supported the requested fence.
Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:26 P.M.
Huskins moved, Gault seconded, to recommend approval of the CUP for a six-foot fence
in the front yard abutting an arterial road at 5660 Minnetonka Drive, subject to the applicant
obtaining all necessary permits prior to constructing the fence. Motion passed 4/0.
Planning Technician Notermann stated this item should appear before the Council on September
27, 2021.
5. NEW BUSINESS
A. Variance to side and rear yard setback
Applicant: Wayne Hartmann
Location: 27460 Maple Ridge Lane
Planning Technician Notermann gave an overview of the request by Wayne Hartmann for a
variance to side and rear yard setbacks to construct a shed and carport on a 24-foot by 24-foot
concrete pad at 27460 Maple Ridge Lane. She noted the accessory structure is already
constructed and located approximately 4 feet from the side property line where ten feet is required
and 16 feet from the rear property line where 50 feet is required. This variance application was
submitted after City staff was made aware that the shed was under construction without permits.
Planning Technician Notermann referenced public comments received that are included in the
meeting packet. She then provided an overview of the background of this request, applicable
Code sections, staff analysis, variance criteria, and findings. Staff is recommending approval
subject to applicant obtaining all necessary permits prior to constructing the fence. Should the
Planning Commission consider recommending approval of this variance, staff recommends the
applicant be required to acquire all necessary permits and enter into an encroachment agreement.
Commissioner Riedel questioned when the original shed was built without a permit.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 7, 2021
Page 4 of 8
Planning Technician Notermann commented it was built prior to the applicant being on the
property.
Commissioner Riedel inquired if the new driveway was installed without a permit.
Planning Technician Notermann stated this was the case and noted the City would require this to
be rolled into zoning permit with the new structure.
Commissioner Riedel asked if a building straddles a property line, it cannot be legally non-
conforming. He questioned what the process was for these buildings.
Planning Technician Notermann commented that in this instance an encroachment agreement
could be pursued with the neighbor to allow the shed to remain in place, across the property line.
Commissioner Gault explained he was the neighbor and noted this shed has been in place since
before 2003. He noted he moved to the property in 2005. He anticipated the encroachment
occurred because there were offsetting easements on his property and on the Hartmann property.
He indicated the encroachment was very minor, one foot or so.
Wayne Hartmann, 27460 Maple Ridge Lane, applicant, thanked staff for the detailed presentation.
He reported his original intent was to use the original carport and lift it up. He explained it had
become unusable because it was not built well and did not have a foundation. He stated his efforts
failed and the building came crashing down. At that point, the building was twisted and broken,
so he found it would be easier to rebuild. He reported his existing driveway runs down the property
line and services the garage with an extension to the carport. He indicated this was currently non-
conforming and has been non-conforming the entire time he owned the property. He explained
he was looking to keep a driveway in place to the carport.
Commissioner Riedel asked if the applicant had considered applying for a permit for the process.
He stated it appeared the applicant had built a shed and driveway without speaking to the City.
He requested further information regarding this process.
Mr. Hartmann explained the driveway was not rebuilt, but rather remained as is. He noted with
the shed he was working to make repairs and then went into an automatic replacement mode
after the shed fell. He had the understanding a shed under 200 square feet did not require a
building permit.
Commissioner Riedel clarified an accessory structure under 200 square feet did not require a
building permit, but did require a zoning permit.
Commissioner Huskins requested further information regarding the decision for the structure to
have a drain and then not to have a drain.
Mr. Hartmann commented he spoke to a landscaper regarding the use of pavers because this
would assist in absorbing the water runoff from the driveway. However, after speaking with staff,
he learned the City of Shorewood does not recognize this. At that point, he decided to move in
another direction given the expense to install pavers. He reiterated that he was just trying to get
his property back to normal.
Commissioner Huskins questioned if there was a history of water concerns on the property.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 7, 2021
Page 5 of 8
Mr. Hartmann stated there was a slope on the property from the flat driveway down to the shed
and water flows downhill. He commented when the old building was in place there was asphalt
down the hill. He indicated the new shed would push the water to either side. He explained he
was not aware that he had a drainage easement on his property, but rather was only a utility
easement.
Chair Maddy explained the applicant received a variance for a bedroom expansion in the past
and as part of this a ten foot drainage and utility easement may have been required. He asked if
staff could check the records for that.
Planning Technician Notermann indicated staff could check the records, but noted staff does refer
to these types of easements at drainage and utility easements. She explained Mr. Hartmann’s
easement was only referred to as a utility easement.
Mr. Hartmann stated the addition to his home was on the opposite end of the house. He noted
there was supposed to be a 50 foot setback for his house, but this went right through the middle
of his home. He discussed how difficult it was for a homeowner that purchases a home and has
a home not within the setbacks. He commented further on how odd his lot was and explained the
proposed shed location was the right place for the shed.
Gayle King, 6110 Lake Virginia Drive, stated she has lived at her property since 2003. She noted
there has been a common courtesy trail that runs between down from Michelle and Wayne’s
driveway onto her property in order for the kids to get to the school bus. She indicated this was a
loose trail and over the years the trail has washed out more and more. This was brought to her
attention in May after a large rain event. She provided the Commission with a photograph of this
trail. She commented further on how the base of the shed had eroded due to the rain running
down the property. She explained she then began to question if there was another area the shed
could be located given the topography of the property and brought these concerns to the City.
Stan King, 6110 Lake Virginia Drive, explained he was concerned with how his property will be
impacted by water runoff from Mr. Hartmann’s property. He indicated asphalt and cement cause
a great deal of water runoff and he wanted to be assured drainage and mitigation measures were
in place. He noted erosion was occurring this year, which was a drought year.
Ms. King stated the building looked nice, but she was concerned about the erosion and runoff.
Commissioner Riedel asked what could be done to solve the problem in terms of drainage.
Mr. King indicated he was not an engineer. He noted the City had engineers that had expertise to
address this concern.
Ms. King explained she had pictures of the erosion area and stated she would email these to the
City.
Mr. Hartmann clarified he did not intend it was no big deal the water was running downhill, rather
this was a statement of fact. He reported his work on the property had not changed the fact that
the water still ran downhill. He explained the new shed was not changing the fact that there would
be water running off his property down the hill. He indicated the boards were put in place to
protect the floating slab. He commented he did not suggest to Peggy that a drain be installed,
rather the neighbors were installing a drain on their driveway. He noted he has lost six maple
trees on his property due to water runoff from Peggy’s property and he was not complaining,
rather he knew that water ran downhill and he would have to accommodate this water.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 7, 2021
Page 6 of 8
Chair Maddy encouraged the residents in attendance to just agree to disagree on this matter and
to respect both sides of the issue.
Chair Maddy commented the applicant had constructed a shed that was just shy of 600 square
feet when only a 200 square foot structure was allowed without a building permit.
Planning Technician Notermann explained the applicant would be required to secure a building
permit.
Commissioner Huskins questioned if staff has directed the City Engineer to look at the drainage
issues south of the property given the topography on this lot. He stated he did not recall if there
was a storm sewer drain on this street.
Planning Technician Notermann commented she was not sure if there was a storm sewer drain
on this street but noted the City Engineer’s would review the building permit application which
would also address drainage and runoff concerns.
Commissioner Gault did not believe there was anywhere for the water to go, other than down the
Hartmann’s driveway.
Commissioner Riedel stated if the shed had not been straddling the property line, it would have
been legally non-conforming. In that case the owner would have been able to rebuild the shed
with the same footprint without any variance requests needed. With respect to the owner
rebuilding the shed without a permit, he can be faulted for doing that but it would be reasonable
to consider the request given the fact an existing structure can be rebuilt and the variance was
needed because the structure straddled the line. However, the drainage concerns change the
matter and a permit was needed to redo the driveway. He discussed how the matter was
complicated because the work was done and there were drainage concerns. His instinct would
be to have a study done on the drainage prior to approving a building permit. He stated if
improvements could be made to the drainage, this should be done prior to granting a building
permit.
Chair Maddy commented on the building permit process and noted the applicant could not
increase the amount of impervious surface or the runoff rate.
Commissioner Riedel asked how this will work with a retroactive permit, given the fact a variance
was being requested for a shed that was already in place.
Planning Technician Notermann stated it was her understanding since the shed was already built,
the engineer’s would be able to suggest sufficient mitigation to address the drainage concerns on
the property prior to issuing a building permit.
Chair Maddy indicated he has seen this before on new construction and noted a rain garden may
have to be installed.
Commissioner Riedel reported the building permit would not be issued until the drainage
requirements were satisfied.
Planning Technician Notermann stated this was her impression and noted this could be made a
condition for approval.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 7, 2021
Page 7 of 8
Commissioner Gault commented Mr. Hartmann’s intent was to move the shed away from his
property. He understood the intent was good, but there were some problems with the execution.
He anticipated the new concrete was forcing the water around the structure where before it had
gone through the structure. He believed it was appropriate to approve the variance and
appreciated the fact the building permit process would look at the plans in further detail.
Chair Maddy asked if it would make sense to add a condition for approval that looked at the rate
or flow of water on the property.
Planning Technician Notermann recommended this be made a condition for approval.
Commissioner Huskins discussed how it was the City’s responsibility to address the water that
was flowing down Mr. Hartmann’s driveway.
Commissioner Riedel indicated this was the purpose of a drainage and utility easement, which
was located underneath this property.
Commissioner Huskins explained the survey notes this area is a utility easement only. He
commented that this roadway does not have any storm sewer drains, curb or gutter.
Commissioner Gault questioned how much more water is being diverted to the property from a
fairness standpoint. He believed it should be returned to status quo. He indicated he did not
support approving the variance at this time in the absence of having some way to return to status
quo. He did not hear the neighbors suggest the applicant was willing to mitigate the issue. He
asked what would happen when a building permit and water mitigation measures were put in
place.
Planning Technician Notermann commented in a normal case when a building permit is requested
without needing a variance, staff would ensure that the water running off the property wasn’t
increasing. She indicated there was not really a status quo, but rather the impact would not be
increased on the neighboring properties.
Chair Maddy stated this would occur with this property, even though the shed was already built.
Commissioner Riedel explained he was concerned with the fact the building permit review
process would not have the same force as the conditions placed on the variance, or perhaps the
building permit review process could be just as strict. He recommended the variance not be
granted or that a condition be placed on the variance to require a drainage study to be done.
Commissioner Gault questioned if action on this item should be tabled for a month to allow staff
to further study the property.
Commissioner Riedel stated this would be another option.
Commissioner Huskins asked if the study could be completed prior to the next Planning
Commission meeting.
Planning Technician Notermann commented she was uncertain if this could be completed in the
next month, but anticipated this work could be done.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
SEPTEMBER 7, 2021
Page 8 of 8
Chair Maddy reported the Commission could approve the variance and the study could be
completed through the building permit process and prior to this matter being considered by the
City Council.
Riedel moved, Huskins seconded, to recommend approval of the side and rear yard
setback variance request for the a 16x 12-foot shed with an additional 16 x 10-foot carport
on a 24-foot by 24-foot concrete pad constructed approximately four feet from the side
property line and 16 feet from the rear property line at 27460 Maple Ridge Lane, subject to
the applicant obtaining all necessary permits and entering into an encroachment
agreement, directing staff to perform a drainage study prior to this item going before the
City Council to ensure there is no increase in water runoff. Motion passed 3/0/1 (Gault).
6. OTHER BUSINESS – NONE
7. REPORTS
A. COUNCIL MEETING REPORT
Planning Technician Notermann reported on matters considered and actions taken during
Council’s August 23, 2021, meeting (as detailed in the minutes for that meeting).
B. Draft Next Meeting Agenda
Planning Technician Notermann stated that for the next Planning Commission meeting there will
be a Comprehensive Plan Amendment to consider, along with a Preliminary Plat. In addition, the
City is requesting a variance at the Christmas Lake boat landing for and expansion of the ramp.
The Commission will also be considering a variance on Birch Bluff for an attached garage.
8. ADJOURNMENT
Huskins moved, Riedel seconded, adjourning the Planning Commission Meeting of
September 7, 2021, at 8:34 P.M. Motion passed 4/0.
7B
MEETING TYPE
REGULAR
City of Shorewood Council Meeting Item
Title/Subject: Urban Farm Animal Ordinance Amendments
Applicant: City of Shorewood
Meeting Date: September 27, 2021
Prepared By: Marie Darling, Planning Director
Attachments: Correspondence Received
Previous staff reports regarding this item.
Chapter 705 of City Code (Farm And other Animals)
Redlined Version of Amendments
Ordinance 582
Resolution for Summary Publication
Background: The City Council directed staff and the Planning Commission to review
potential amendments to the City Code related to regulations for urban farm animals
(chickens and other fowl, rabbits and bees) after a citizen requested that the city
remove neighbor approval from the requirements to keep chickens and review some of
the other requirements as well. Through the summer (reports attached) staff and the
Planning Commission reviewed potential amendments resulting in the attached. The
regulations follow the initial City Council direction to:
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 than 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.
5. Prohibit slaughtering.
Item number 5 was slightly altered as someone who raises chickens may cull them for
their own family’s table by state statute, but the City does have some ability to prohibit
culling and selling chickens to others.
Originally, staff also increased screening from adjacent properties, however, the
Planning Commission found that the increased screening requirements were not
necessary beyond the language proposed for item 2 (above).
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.
The Planning Commission held a public hearing on September 7, 2021 to accept public
testimony on the amendments but no one from the public requested to speak.
Financial or Budget Considerations: Outside of publication to draft the ordinance
amendment, there is no additional impact to the budget related to this ordinance
amendment. The fees collected would cover the cost of inspections.
Recommended Action: Staff and the Planning Commission recommends approval of
the ordinance amendment.
Proposed Motions: Motion to approve ordinance 582 amending Chapter 705 (Farm
and Other Animals) related to Urban Farm Animals.
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. Staff would also begin tracking the approval dates for permits for urban farm
animals and include requirements to renew the licenses in each approval.
Marie Darling
From:Sandie Thone
Sent:Tuesday, September 21, 2021 10:49 AM
To:Debbie Siakel; Jennifer Labadie; Nathaniel Gorham; Patrick Johnson; Paula Callies
Cc:Brenda Pricco; Greg Lerud; Marie Darling; Emma Notermann
Subject:FW: ORDINANCE 582
City Council:
I received the email below on Friday and am forwarding it for your review as requested by the sender; Michelle Rock.
She has also requested that it be included in the council packet regarding proposed Ordinance 582: Urban Farm Animal
Amendments.
Thank you,
Sandie
Sandie Thone MHRM, MCMC
City Clerk/Human Resources Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
952.960.7911
sthone@ci.shorewood.mn.us
Confidentiality Notice: Email correspondence, including attachments, may be public data subject to the Minnesota Data
Practices act and/or may be disclosed to third parties. This electronic transmission, including any files attached thereto,
may contain confidential information that is legally privileged, confidential, and exempt from disclosure. The
information is intended only for the use of the individual or entity named above. If the reader of this message is not the
intended recipient or any employee or agent responsible for delivering the message to the intended recipient, you are
hereby notified that any disclosure, dissemination, copying, distribution, or the taking of any action in reliance on the
contents of this confidential information is strictly prohibited.
-----Original Message-----
From: Michelle Rock <mlrock316@gmail.com>
Sent: Friday, September 17, 2021 12:46 PM
To: Sandie Thone <SThone@ci.shorewood.mn.us>
Subject: ORDINANCE 582
Hello
The urban animal ordinance has changed a number of things, no longer requires neighbor buy in, no need for animal
owner to provide screening, etc.
My husband and I have repeatedly asked for MORE stringent rules around this ordinance. And now we are going in the
opposite direction. We now have two different chicken coops on two sides of our lots, and about to have a third
neighbor install another. And there is NOTHING WE CAN SAY ABOUT IT?!?!
Seems ridiculous.
The neighbor behind us has placed a chicken coop about 40 feet from our deck. This has all been communicated to the
city, the Mayor, with pictures, etc. we were told that the structure will be examined and approved/disapproved. To my
knowledge, this hasn’t occurred. I would argue it is closer to our house than to the owners home. This needs to be
1
looked at. Not to mention that we are the one neighbor that declined their request to install the coop, and it lands just
off of OUR lot line??
Tell me what steps I need to take in order to get heard.
Thank you
- Michelle Rock
2
RESOLUTION 21-109
CITY OF SHREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING THE PUBLICATION OF
ORDINANCE 582 REGARDING CITY CODE ORDINANCE AMENDMENTS RELATED
TO URBAN FARM ANIMALS
WHEREAS, at a duly called meeting on September 27, 2021, the City Council of the
City of Shorewood adopted Ordinance No. 582 entitled “AN ORDINANCE APROVING
AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 705 (FARM AND
OTHER ANIMALS)”; and
WHEREAS, The City Council adopted a lengthy ordinance amending City Code Chapter
705.09 to amend regulations related to urban farm animals (chickens and other fowl,
rabbits and bees); 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. 582
clearly informs the public of the intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 582 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 27th day of September, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
7C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Variance to side and rear yard setbacks
Location: 27460 Maple Ridge Lane
Applicant: Wayne Hartmann
Meeting Date: September 27, 2021
Prepared by: Emma Notermann, Planning Technician
Review Deadline: November 26, 2021
Attachments: Planning Memorandum from the September 7, 2021 Meeting
Applicants Narrative and Plan
Correspondence Received
Engineer Memo dated September 22, 2021
Resolution
Background: See attached planning memorandum for detailed background on this request.
At the September 7, 2021, the Planning Commission voted unanimously to recommend
approval of the variance for the 16-foot x 12-foot shed with an additional 16 x 10-foot carport
on a 24-foot by 24-foot concrete pad to be located approximately 4 feet from the side property
line where 10 feet is required and 16 feet from the rear property line where 50 feet is required.
They included to following conditions in the recommendation:
1. The applicant be required to acquire all necessary permits
2. The applicant execute and record an encroachment agreement
3. Staff review the drainage situation prior to the request being heard at the City Council
meeting.
The applicant was present at the meeting and two people requested to speak. Several letters
were submitted and are attached to the staff report. The speakers also submitted photos
(attached).
Drainage
The Planning Commission’s discussion centered around concerns about drainage and
stormwater runoff. They wanted to ensure that the location of the accessory structure was not
diverting more water to the neighboring properties than the previous did.
The City Engineers have reviewed the materials that were submitted and have found the
changes to the shed would have minimal impact to the drainage situation. The engineers
recommend that storm water be directed to the west (toward the lake) from the shed and
driveway. The applicant will need to provide more detail on the plans they submit with the
building permit. The engineer’s memo is attached.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership.
Staff also included a condition that the applicant update the plans they have submitted for
permit to reflect the revisions to the project since it was originally submitted (ie the drain and
pervious pavers shown on the plans are no longer included) and to provide the necessary
detail on the driveway and shed design.
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 for a variance for an accessory structure to be located approximately 4
feet from the side property line where 10 feet is required and 16 feet from the rear property
line where 50 feet is required, subject to the conditions in the attached resolution.
Proposed motion: Move to adopt the attached resolution approving a variance for a 16x 12-
foot shed with an additional 16 x 10-foot carport on a 24-foot by 24-foot concrete pad to be
located approximately 4 feet from the side property line where 10 feet is required and 16 feet
from the rear property line where 50 feet is required, subject to the conditions in the attached
resolution.
Action on this request would require a simple majority.
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: September 7, 2021
REQUEST: Variance to side and rear
yard setbacks
APPLICANT: Wayne Hartmann
LOCATION: 27460 Maple Ridge Lane
REVIEW DEADLINE: November 26, 2021
LAND USE CLASSIFICATION: Low Density Residential
ZONING: R-1A/S
FILE NUMBER: 21.22
REQUEST:
The applicant requests a variance to the
setback from the side and rear property lines
for an accessory structure that includes a 16x
12-foot shed with an additional 16 x 10-foot
carport on a 24-foot by 24-foot concrete pad.
The accessory structure is already constructed and is located approximately 4 feet from the side property
line where 10 feet is required and 16 feet from the rear property line where 50 feet is required. The
variance application was submitted after City staff was made aware that the shed under construction
without permits.
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.
Staff has received several public comments that are attached to the memo.
Page 2
BACKGROUND
Context: The existing home was constructed in 1974. The lot was created in 1959 as part of the Virginia
Highlands subdivision. The property is zoned R-1A and is in the Shoreland District of Lake Virginia.
Most of the adjacent properties are all developed with single-family homes and zoned R-1A and are in the
Shoreland District.
Applicable Code Sections:
Section 1201.26 subd. 5. a. of the zoning regulations requires a side setback of 30 feet total and a minimum
of 10 feet.
Section 1201.10 subd. 5. d. (2) of the zoning regulations requires a rear yard setback of not less than 50
feet.
Section 1201.03 subd. 2. d. of the zoning regulations require that accessory buildings and structures shall
be constructed within the buildable area of the lots as defined in § 1201.02 of this chapter except as
provided in subdivision 3c of this section.
Section 1201.03 subd. 1. f. of the zoning regulations states that a lawful nonconforming use of a structure
or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or
parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
ANALYSIS
The accessory structure in question requires a variance because the previous accessory structure was
not legally non-conforming, as it was constructed across a property line and was not issued a building
permit. If the previous accessory structure had been legally non-conforming, staff would have been able
to administratively approve the new accessory structure of similar or smaller size under Section 1201.03
subd. 1. f. of the zoning regulations.
The applicant’s narrative is attached and indicates that the accessory structure has been reconstructed
to addresses a couple of issues that the old accessory structure presented. The new accessory structure
pad location is 4 feet from the side yard line, although this doesn’t meet the 10-foot setback, the new
location resolves the issue of the previous shed encroaching over the lot line on the neighbor’s property
and reduces the amount of the encroachment into the drainage and utility easement. The applicant also
states that the new improvements to the property will include the installation of a drain/drywell to help
with drainage issues in the northeast corner of the property. These improvements would occur in the
easement and must also be reviewed by the City Engineer prior to installation. The applicant did
subsequently state that they would not be moving forward with the drain installation.
The applicant’s property is situated along Lake Virginia in a way that imposes both a 75-foot setback to
the Ordinary High Water Level (OHWL) of Lake Virginia and a 50-foot rear yard setback.
The accessory structure has been constructed inside the drainage and utility easement that runs along
the east and north property line. Because construction in drainage and utility easements is not
permitted, the City will require an encroachment agreement with the property owner. This agreement
Page 3
would protect the City against cost or liability for the structure and driveway should any work need to be
completed in the easement.
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 lot configuration and
setbacks for both side yards, a rear yard and the OHWL of Lake Virginia.
a. Reasonable: The applicant has proposed a reasonable residential use on the property.
b. Unique Situation vs. Self-Created: The situation is unique because the unique shape of the
property means that the buildable area of the lot is subject to two side yard setbacks, a rear
yard setback and a setback to the OHWL of Lake Virginia.
c. Essential Character: The proposed addition would not be out of character for the
neighborhood. The new shed no longer encroaches over the lot line but is in the same
general location as the previous shed was. The location is shielded by heavy tree cover.
3. Economic Considerations: The applicant has not proposed the variance solely based on economic
considerations, but to enhance the functionality and usage of the shed space and to move the
shed back over the applicant’s property line.
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 shed is located towards the rear of the lot where three properties intersect.
Both neighboring houses are approximately 100 feet away with heavy tree cover in the area.
5. Impact to Public Welfare, Other Lands or Improvements: Staff finds that the shed would not be
detrimental to the public welfare as an accessory structure is a typical residential use in the area
and is subject to the approval of the encroachment agreement to protect the public utility
easement. The accessory structure is visible from the street, but is constructed in a manner to
match the house and does not stand out.
6. Minimum to Alleviate Practical Difficulty: Staff finds the variance request is the minimum
necessary to alleviate the practical difficulties on the property.
Page 4
FINDINGS/RECOMMENDATION
Staff finds the variance proposal meets the criteria above and recommends approval of the variance
while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning
Commission could reasonably find otherwise.
Should the Planning Commission recommend approval of the variance, staff recommends that the
applicant be required to acquire all necessary permits and enter into an encroachment agreement.
ATTACHMENTS
Location map
Applicants’ narrative and plans
Previous survey and updated survey with approximate location
Photographs of accessory structure
Correspondence Received
Page 5
27460 Maple Ridge Lane Location Map
RESOLUTION 21-110
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE FOR SIDE AND REAR YARD
SETBACKS FOR AN ACCESSORY STRUCTURE AT PROPERTY LOCATED AT
27460 MAPLE RIDGE LANE
WHEREAS, Wayne Hartmann, (the “Applicant”) proposes a variance to the side and rear yard
setbacks for a detached accessory structure on property legally described as:
Lot 7, Block 3, Virginia Highlands Addition, Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow a detached accessory structure to
4 feet from the side property line where 10 feet is required and 16 feet from the rear property
line where 50 feet is required; and
WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the September 7, 2021 Planning Commission meeting, a copy
of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on September 7, 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
September 27, 2021, at which time the planning staff memorandum and the Planning
Commission’s recommendations were reviewed and comments were heard by the City Council
from the Applicant, staff and public.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in the R-1A/S zoning district, which requires all detached
accessory structures to be 10 feet from the side yard and 50 feet from the rear yard.
2. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to
allow a process to deviate from the strict provision of the zoning regulations when there are
practical difficulties, and the action is the minimum to alleviate the practical difficulties.
3. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the circumstances unique to the property and not created
by the landowner.
4. The Applicant’s proposal is identified on the application materials and plans submitted
on July 29 and August 16, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request for an accessory structure to be 4 feet from the side property
line and 16 feet from the rear property line, based on the plans and materials submitted July 29
and August 16, 2021, subject to the conditions listed below.
B. The City Council specifically finds that the Applicant’s request for the variance is
consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates
practical difficulties based on lot configuration and would be the minimum request to alleviate
the practical difficulties. Additionally, that the improvements proposed would not inappropriately
impact the area, public welfare or other lands/improvements in the area.
C. The Applicant’s request is approved subject to the following conditions:
1) The Applicant shall acquire all necessary permits for construction.
2) The Applicant enter into an encroachment agreement with the City due to the .
3) Prior to the issuance of permits, the Applicant submit plans that address the drainage
on the parcel with the recommendations of the City Engineer in the memo dated
September 22, 2021 including:
i. Applicant shall direct any water from the east side of the shed and driveway to
the west, so that it does not pass to the east of the shed and directly north.
ii. The Applicant shall submit updated plans for their project to reflect their project
including existing and proposed impervious surface coverage.
D. The variance shall expire one year after approval unless the applicant has completed
the project or an extension has been requested in accordance with Section 1201.05 Subd. 3 of
City Code.
E. The City Clerk is hereby authorized and directed to provide a certified copy of this
resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
th
this 27 day of September, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
7D
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Conditional Use Permit (CUP) for a Fence
Location: 5660 Minnetonka Drive
Applicant: Alec Walsh
Meeting Date: September 27, 2021
Prepared by: Emma Notermann, Planning Technician
Review Deadline: December 16, 2021
Attachments: Applicant’s Narrative
Planning Memorandum from the September 7, 2021 Meeting
Resolution
Background: See attached planning memorandum for detailed background on this request.
At the September 7, 2021, the Planning Commission held a public hearing and voted
unanimously to recommend approval of the Conditional Use Permit (CUP) for a six-foot-tall
fence in the front yard abutting County Road 19 at 5660 Minnetonka Drive.
The Planning Commission found that the applicant has satisfied all of conditions above in his
plans for the fence and landscaping, which include the following:
1. The fence shall be located no closer than eight feet to the property line;
2. A landscape plan for the above-referenced eight-foot setback area must be submitted
in compliance with § 1201.03 subd. 2.g. of this chapter;
3. The fence shall not obstruct traffic visibility.
4. General CUP Standards
The applicant was present at the meeting and one resident submitted a letter in support of 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 request for a CUP to construct a six-foot tall fence in the front yard abutting
County Road 19 at 5660 Minnetonka Drive subject to the conditions in the attached resolution.
Proposed motion: Move to adopt the attached resolution approving a CUP to construct a
six-foot tall fence in the front yard abutting County Road 19 at 5660 Minnetonka Drive subject
to the conditions in the attached resolution.
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.
RESOLUTION 21-111
A RESOLUTION APPROVING A
CONDITIONAL USE PERMIT FOR A FENCE FOR
THE PROPERTY LOCATED AT 5660 MINNETONKA DRIVE
WHEREAS, Alec Walsh (the “Applicant”) has applied for a conditional use permit for a
fence at his residence addressed as 5660 Minnetonka Drive, on the property legally
described as:
Lot 1, Block 2, MINNETONKA HILLS FIRST ADDITION Hennepin County,
Minnesota
WHEREAS, the Shorewood City Code allows fences in yards abutting an intermediate
arterial or minor arterial street, as designated in the Shorewood Comprehensive Plan, to
be constructed to a height of six feet in a front or side yard abutting the arterial street, by
conditional use permit; and
WHEREAS, the Applicant has applied for a conditional use permit for the construction
of a six-foot high fence in the front yard of the property that abuts County Road 19,
which is designated as an arterial street in the Shorewood Comprehensive Plan; 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
September 7, 2021, at which time the planning staff memorandum was reviewed and
comments were heard by the Applicant and the public; and
WHEREAS, the City Council considered the request for a conditional use permit for a
fence at its regular meeting on September 27, 2021, at which time the Planning
Commission’s recommendations were reviewed and comments were heard by the
Applicant, 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-2A, Single and Two Family Residential
zoning district.
2. The front yard of the property abuts County Road 19, which is designated as an
arterial street in the Shorewood Comprehensive Plan.
3. The proposed fence shall be located no closer than eight feet to the property line
that runs parallel to County Road 19.
4. A landscape plan for the above-referenced eight-foot setback area must be
submitted and was found to be in compliance with § 1201.03 subd. 2.g. of City
Code.
5. The proposed fence and landscape plan were found to not obstruct traffic visibility
at the corner of County Road 19 and Minnetonka Drive.
6. The Applicant’s proposal is identified on plans dated July 26, 2021 and August 18,
2021.
CONCLUSIONS
1. The Applicant’s request for a fence no taller than six-foot to be installed as shown
on the plans submitted on July 26, 2021 and August 18, 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 condition:
a. Prior to construction of the fence, the Applicant must request and receive a
zoning permit.
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 27 day of September, 2021.
Jennifer Labadie, Mayor
ATTEST:
Sandie Thone, City Clerk
2
City of Shorewood Council Meeting Item
9A
Title/Subject: Public Works AFSCME Contract Tentative Settlement
Meeting Date: September 27, 2021
MEETING
Prepared By: Greg Lerud
TYPE
REGULAR
Attachments: Tentative red-lined contract and Resolution 21-112
Background: There was a single negotiation session with the union bargaining
committee for a three-year contract covering 2022 thru 2024. The union unanimously
approved the proposed contract.
There were very few changes from the current contract. Below is an explanation of the
red-lines and strikeouts:
Article 8: Correcting a misnumbering of subdivisions.
Article 9, Section 5: No language change to paragraph B.
Article 20, Section 3a: This is a reopener for each year of the contract. The city’s
contribution listed here is identical to the amount contributed toward all employee’s
premiums, and is an amount reflected in the proposed 2022 budget.
Article 22: The federal government has designated Juneteenth as a federal holiday.
The city typically follows the holidays recognized by the State of MN. The State has not
officially recognized the Juneteenth holiday, but if it does, it will be automatically
recognized in this agreement.
Section 24, Section 2: Changed language to accurately reflect the current standard.
Appendix A: reflects a three percent increase in each year of the contract.
MOU Uniforms: This was eliminated during negotiations. The city’s previous vendor
was unreliable, and in the process of changing to our present vendor, we entered into
an MOU with the union to detail the city’s responsibility through the changeout to a new
vendor. The new vendor is in place, and we have much improved service.
Recommended Action: The council can approve the contract as directed, or direct
staff to negotiate any of the contract items. Staff recommends approval of the contract
as presented.
Next Steps and Timeline: The union has approved the contract, and upon council
approval, the contract will go into effect on January 1, 2022.
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 – 112
A RESOLUTION APPROVING A CONTRACT WITH AFSCME, COUNCIL 5, LOCAL
225, SHOREWOOD PUBLIC WORKS EMPLOYEES
WHEREAS, the city recently completed negotiations with the public works union
representatives for a tentative three-year contract; and,
WHEREAS, those negotiations resulted in the contract included with this Resolution;
and,
WHEREAS, the members of the union have voted to approve the contract,
NOW THEREFORE, BE IT RESOLVED by the Shorewood City Council, that the
council hereby approves the contract as presented and included with this Resolution.
th
Adopted this 27 day of September, 2021.
__________________________
Jennifer Labadie, Mayor
ATTEST:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE 583
AN ORDINANCE TITLED
“UTILITY SERVICE CHARGES”
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended
as follows:
CITY OF SHOREWOOD
UTILITY SERVICE CHARGES
Section 1. Change the Water, Sanitary Sewer and Stormwater Management Utility
Rates as follows:
Water
CATEGORIES CURRENT RATES PROPOSED RATES
First 5,000 gallons $ 22.20 $ 24.42
Per/1,000 gal from 5,001 to $ 3.75 $ 4.13
50,000
Per/1,000 gal above 50,000 $ 5.39 $ 5.93
Water Service – low income $ 19.05 $ 20.96
Sanitary Sewer
CATEGORY CURRENT RATES PROPOSED RATES
Residential $94.57/qtr. $63.05/qtr. low $103.08/qtr. $68.72/qtr. low
income income
Commercial $10.69 base, $94.57/qtr. fee for 1-$11.65 base, $103.08/qtr. fee
28,500 gallons, $2.46/1,000 for 1-28,500 gallons,
gallons in excess of 28,500 $2.68/1,000 gallons in excess
gallons per qtr. of 28,500 gallons per qtr.
Stormwater Management
Current Basic System Rate: $31.97 $22.39/qtr: lots less than 10,000 sq. ft
$31.97/qtr: lots 10,000 – 50,000 sq. ft.
$41.61/qtr: lots 50,000 plus sq. ft.
Proposed Basic System Rate: $34.53 $24.18/qtr: lots less than 10,000 sq. ft.
$34.53/qtr: lots 10,000 – 50,000 sq. ft.
$44.94/qtr: lots 50,000 plus sq. ft.
Section 2. This ordinance is in effect with the January 2022 billing and upon publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 27th day
of September, 2021.
_______________________________
Jennifer Labadie, Mayor
_____________________________
Sandie Thone, City Clerk