11-08-21 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, NOVEMBER 8, 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 October 25, 2021 Minutes
B. City Council Regular Meeting Minutes of October 25, 2021 Minutes
C. Approval of the Verified Claims List Claims List
D. Approval of Assessment Agreements for Water Connections Finance Director Memo
Resolution 21-128
E. Approval of Summary Publication for Ordinance 584 Planning Director Memo
Resolution 21-127
F. Accept Donation of Compost Bin from Sam Larson, Parks/Rec Director Memo
Eagle Scout Candidate Resolution 21-129
G. Accept Constructed Improvements and Authorize Final Director of Public Works Memo
Payment for the Echo Road Storm Sewer Improvements Resolution 21-130
H. Accept Constructed Improvements and Authorize Final Director of Public Works Memo
Payment for the Smithtown Road Storm Structure Repair Resolution 21-131
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
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
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
A. Unpaid Bill Assessment Hearing Finance Director Memo
5. REPORTS AND PRESENTATIONS
6. PARKS
7. PLANNING
A. Comprehensive Plan 2040 Planning Director Memo
Amendments to the Land Use Map Resolution 21-125
B. Approve Extension for Code Compliance at Planning Technician Memo
5510 Howards Point Road Resolution 21-132
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. Approve Contract with Campbell Knutson as City Attorney City Administrator Memo
Resolution No. 21-133
B. Approval of Unpaid Bills Assessment Finance Director Memo
Resolution 21-134
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Paper Shred Communications/Recycling Coordinator Memo
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, OCTOBER 25, 2021 6:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 6:34 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Siakel and Gorham; City Attorney Keane; City
Administrator Lerud.
Absent: Councilmembers Johnson and Callies
B. Review Agenda
Gorham moved, Siakel seconded, approving the agenda as presented. All in favor, motion
passed.
2. DONATION POLICY DISCUSSION
City Administrator Lerud explained that following the Fourth of July celebration and the discussion
about the donation the City made for fireworks, the Council requested that staff draft a donation
policy for future donations. He stated that included with the staff memo was an excerpt from the
League of Minnesota Cities handbook of sections that are relevant to donations regarding publicly
permitted expenditures. He gave an overview of the opinion from the State Auditor regarding
donations for fireworks.
City Attorney Keane stated that he contacted the State Auditors office to see if their position
remained the same, but he has not yet heard back from them.
City Administrator Lerud stated that he also included an Attorney General opinion regarding
contributions to be a Chamber member, which is not a permitted use of City funds. He stated that
it is staff’s opinion that it is up to the Council discretion with regard to donations for fireworks. He
stated that staff is looking for input from the Council based on what is permissible and not
permissible and then they will draft up a formal policy for their consideration.
The Council discussed terms, conditions, limits, and stipulations of City donations being related
to public purpose of the residents and the differences in donations to Arctic Fever and the
Shorewood Community Center and gave feedback to staff.
3. ADJOURN
Gorham moved, Siakel seconded, Adjourning the City Council Work Session Meeting of
October 25, 2021, at 6:46 P.M. All in favor, motion passed.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
OCTOBER 25, 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, OCTOBER 25, 2021 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:01 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Siakel 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: Councilmember Johnson and Councilmember Callies
B. Review Agenda
Gorham moved, Siakel seconded, approving the agenda as presented. All in favor, motion
passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Gorham moved, Siakel seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of October 12, 2021
B. Approval of the Verified Claims List
C. Approve Master Subscriber Agreement for MN Court Data Services for
Prosecutor, Adopting RESOLUTION NO. 21-117, “A Resolution Approving
Master Subscriber Agreement for Minnesota Court Data Services for
Government Agencies.”
D. Approve Quote for Municipal Well Inspection – Boulder Bridge Well, City
Project 21-10, Adopting RESOLUTION NO. 21-118, “A Resolution Approving
Quote for Municipal Well Inspection at the Boulder Bridge Well Facility.”
E. Approve Change Order for Lake Linden Drive Culvert Repair, City Project 21-
03, Adopting RESOLUTION NO. 21-119, “A Resolution to Approve Change
Order #1 for Lake Linden Culvert Repair Project, City Project 21-03.”
All in favor, motion passed.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
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3. MATTERS FROM THE FLOOR
No one appeared before the Council.
4. PUBLIC HEARING
A. Vacate Easement (See Related Item 7E)
5530 Howard’s Point Road
Mayor Labadie opened the public hearing at 7:04 p.m. There being no one appearing for the
public hearing, Mayor Labadie closed the public hearing.
Mayor Labadie explained that this item would be discussed in greater detail under agenda item
number 7E.
5. REPORTS AND PRESENTATIONS
A. Hennepin County Commissioner Chris LaTondresse
Commissioner LaTondresse gave a presentation highlighting some of the work happening in
Hennepin County. He stated that he intends to continue the tradition started by former County
Commissioner Callison and attend at least one Council meeting a year for each City in the County
that he represents. He gave an overview of his past experience serving as chair of the Hopkins
School Board and reviewed the County’s public health response to the COVID 19 pandemic and
how some of the CARES Act funds and American Rescue Act funds have been used. He noted
that the American Rescue Act funds can continue to be utilized for things like rent assistance and
support of the small business community. He stated that the County has heard loud and clear
from the residents about the importance of the intersection of public safety and mental health and
have partnered with local law enforcement and the Hennepin County Sheriff’s Office on the
‘embedded social worker’ program which places a social worker within local police departments.
Earlier this year, the County adopted their first ever climate action plan which is a comprehensive
look at County policies in the context of the changing climate and offers a road map for how we
can all play a part in mitigating the impacts of climate change. He noted that more details were
available on the County website. He stated that a huge priority for him is affordable housing and
noted that he serves as the Chair of the Housing and Redevelopment Authority.
Councilmember Siakel stated that when the phrase ‘affordable housing’ is used what immediately
comes to mind for most people in cramped apartment buildings that are being subsidized by the
government. She stated that she believes affordable housing is really more about diversity in
housing. She asked what Commissioner LaTondresse defined as affordable housing because
she thinks it varies by community.
Commissioner LaTondresse stated that when talking about affordable housing they are
specifically referring to houses that are available in the region and the need, based on where
people are within the income spectrum. He noted that people deeply burdened are those that
spend more than 30% of their income on housing.
Councilmember Siakel stated that County Road 19 has been on the agenda between the cities in
the area and the County. She stated that she thinks this needs to be revisited and the whole
corridor should be looked at again, because there are a lot of bikers and pedestrians and thinks
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
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there could be collaboration to make this is a win/win to make it safer. Commissioner LaTondresse
thanked Councilmember Siakel for her thoughts and shared his contact information for future
input.
6. PARKS
7. PLANNING
A. Report by Commissioner Riedel on October 5, 2021 Planning Commission
Meeting
Planning Commissioner Riedel gave an overview of the October 5, 2021 Planning Commission
meeting as reflected in the minutes.
B. Registered Land Survey, Variance and Special Home Occupation
Location: 21265 and 212285 Radisson Road
Planning Director Darling explained the request for a Registered Land Survey and variances to
lot area and width as well as a Special Home Occupation permit for the subject properties. The
applicant is proposing to adjust the lot line between two properties to create two roughly equal
parcels that would each be around 20,000 square feet each. She stated that the parcels would
be non-conforming to both lot area and width. She stated that there are 4 buildings on these lots
including three small homes that were used for cabin rental in the past. The applicant is proposing
to remove the most southerly cabin and use the middle cabin as a home office and make
permanent changes to the home so it could not considered habitable. Staff and Planning
Commission recommended approval.
Peter Lehman, 21285 Radisson Road, expressed his appreciation to City staff for answering his
questions and helping him work through this process. He explained that they have lived in
Shorewood since 1986 and gave an overview of some of the history surrounding this property.
He noted that there are currently no easements on these parcels, but with this change, they will
be granting a ten-foot utility easement to the City.
Councilmember Siakel asked about deeded access to the lake. Mr. Lehman stated that there
was a deeded access that was granted in the 1930s for the small parcel to basically cross over
the other property for the purpose of ingress and egress from the lake.
Councilmember Siakel explained that she asked this question because she would like to think
about what could happen down the road if Mr. Lehman sold the property. She stated that she
thinks the request before the Council seems very reasonable. Mr. Lehman stated that his
understanding is that the easement go with the land so nothing should change.
Councilmember Gorham stated that this is an unusual request and he can understand why the
Planning Commission had a split decision on this item. He stated that he is in favor of the request
because this decreases the non-conforming conditions.
Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-120, “A Resolution
Approving AN RLS for a Lot Line Adjustment and Variances for Peter Lehman for Property
Located at 21265 and 21285 Radisson Road.”; AND, Adopting RESOLUTION NO. 21-121,
“A Resolution Approving a Special Home Occupation Permit for a Software Engineering
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
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Business to be Conducted out of a Detached Accessory Building at 21285 Radisson
Road.” All in favor, motion passed.
C. Conditional Use Permit for Multiple Accessory Buildings
6180 Cathcart Drive
Planning Director Darling stated that this application is a request for a Conditional Use Permit
(C.U.P.) to allow two detached garages where one is permitted without a C.U.P. The applicant is
proposing to remove all the existing structures from the site and build a new home with two
detached garages that they would use to store their personal vehicles and equipment. The home
and the two garages will have stained cedar lap siding. Staff and Planning Commission
recommended approval subject to the Conditions as listed.
Councilmember Gorham clarified that the reason this is in front of the Council was that anything
beyond one garage requires a Conditional Use Permit and this proposal would meet the
conditions in the code. Planning Director Darling stated that the Zoning Ordinance requires a
Conditional Use Permit if you have more than one detached garage.
Gorham moved, Siakel seconded, Adopting RESOLUTION NO. 21-122, “A Resolution
Granting a Conditional use Permit for Two Detached Garages at 6180 Cathcart Drive.” All
in favor, motion passed.
D. Variance to Side-Yard Setback
26020 Birch Bluff Road
Planning Director Darling stated that this application is a request for a variance to side-yard
setback to allow the property owner to construct an attached garage at five point four feet closer
to the west property line than what would otherwise be permitted. This variance is due to the
required combination of thirty feet on both side yards together. The property currently does not
have a garage. Staff and Planning Commission recommend approval, subject to the conditions
included in the resolution. She reviewed the conditions to ensure that the Council understands
what they are being asked to approve.
Councilmember Siakel asked if there were any objections by the applicant to the suggested
conditions. Planning Director Darling stated that she thinks the applicant would prefer to keep
those items, but staff is recommending removal as currently the property has thirty-three percent
impervious surface coverage where 25 is permitted. She stated that they are also adding a three-
car garage with living area above and extra storage space. She reiterated that staff recommends
removal of the shed as a further reduction in impervious surface coverage.
Councilmember Siakel asked if there was a deck on the back of the home. She explained that
she lived up the street and was asking because removal of the patio makes her question whether
that will leave the property owner with nothing on the back of their house for them to have
enjoyment of the lake. She stated that this is a very tight property. Planning Director Darling
explained that there is a deck on the back of the house and showed aerial photos of the property.
Councilmember Siakel stated that it is important for someone who purchases a property on the
lake to have somewhere to enjoy the lake.
Councilmember Gorham stated that this situation reminds him of a past situation where there was
a garage that was encroaching on a side yard setback, but it was storage and the City had allowed
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
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it because there was a shed that they would be removing in the future. Planning Director Darling
stated that the situation he was referencing sounded familiar but she could not place the property
or the details off the top of her head.
Councilmember Gorham noted that the big thing for him is not to increase the non-conformity and
the shed and the storage portion is what is encroaching.
Gorham moved, Labadie seconded, Adopting RESOLUTION NO. 21-123, “A Resolution
Approving Variances to Side-Yard Setbacks for Property Located at 26020 Birch Bluff
Road.” All in favor, motion passed.
E. Vacation of Easement (See related item 4A)
5530 Howards Point Road
Planning Director Darling explained that this item is a request to vacate an existing fifteen-foot
sewer easement that is not over the existing sewer main. The applicants are in the process of
building a new home and staff discovered this issue during the building permit review process.
The easement was acquired in 1972 around the time municipal sewer was installed throughout
much of Shorewood. The vacation of the easement affects only this property and not any others.
The City Engineer has reviewed this application and has no concerns. The City has notified the
DNR and their sixty-day comment period has elapsed with no comments given and noted that
staff also placed publication of two legal notices in the official newspaper as required by statute.
Staff recommends approval and noted that the homeowner’s representative is available via Zoom
if the Council had any questions.
Councilmember Gorham asked if the easements on the adjacent properties were correct.
Planning Director Darling stated that she cannot guarantee it is correct on all of the adjacent
properties but would be for this property and the property to the north.
Siakel moved, Gorham seconded, Adopting RESOLUTION NO. 21-124, “A Resolution
Vacating Sewer Easement for Property Located at 5530 Howards Point Road.” All in favor,
motion passed.
F. Comprehensive Plan 2040
Amendments to the Land Use Map
Planning Director Darling stated that this item is for amendments to the Comprehensive Plan to
complete the City’s submission to the Metropolitan Council. She stated that included in the
amendments are several strategies designed to meet the most impactful of the comments the
City received which is the need for an additional opportunity area to create one-hundred and fifty-
five housing units at a density of at least five units per acre and forty-eight of those units to be at
a density of greater than eight units per acre. She gave an overview of the three opportunity
areas that staff has identified. She explained that the Planning Commission reviewed the
proposed amendments at a public hearing on October 5, 2021 and recommended approval. She
noted that they also recommended that staff research a means to allow the existing uses to
continue as conforming uses until such time as they are redeveloped on their own. Staff has
looked at two options, either revising the Zoning Ordinance to allow some non-conforming uses
to expand by Conditional Use Permit, or amending the Zoning Regulations to allow the existing
uses to continue as interim uses within a high density residential district. Staff has outlined some
concerns they had with those options and recommend that the Council take one of three possible
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
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approaches: leave the commercial properties guided commercial but include a statement in the
Comprehensive Plan that high density residential may be an appropriate redevelopment use in
the future, but noted that the City will not get any credit for this option with the Met Council; leave
the properties commercial without any notes at all; or amend the land use for high density. At the
Planning Commission public hearing, about a dozen people spoke and several submitted letters
with comments. She stated that she has attempted to address each of the concerns in the staff
report. She stated that there is an error in the staff report because it indicated that the
Comprehensive Plan amendments could be approved by a simple majority, but noted that it will
actually take a super-majority so with only three Councilmembers present tonight, staff
recommends that the Council take public testimony but continue the item to the next Council
meeting. She introduced Nate Sparks who is representing the City’s consultants and asked him
to give a summary of the Mixed-Use Land Use designation that is proposed.
Nate Sparks gave an overview of the Mixed-Use land use designation and explained that it is a
new concept that was added during the discussion due to the attempt to get to the required
amount of units and density to be in conformance with the Met Council policy. He stated that the
reason why it is called Commercial Mixed Use is that the idea is that the properties are supposed
to maintain their primary use as being commercial because those are the City’s commercial
corridors and the goal was to keep that integrity of the commercial areas as the primary focus
while allowing some residential use to be added at a density that would allow it to count for both
affordable housing and just the general density requirements that are required. He stated that at
least fifty percent of the property would have to be maintained as commercial either horizontally
or vertically and a minimum of forty percent as residential. He noted that this land use designation
already exists in other area cities.
Councilmember Gorham asked if the Met Council could come back to the City and ask for different
percentages of commercial and residential use. Mr. Sparks explained that the way it was set up
and reviewed by the Planning Commission, the numbers were made to hit a specific number of
units that conformed with what the Met Council was looking for, so he thinks it is unlikely that they
would ask for anything different.
Councilmember Siakel asked for more detail on why this may be a disadvantage to the current
business owners. Mr. Sparks stated that first and foremost, when discussing the Commercial
Mixed-Use areas, it is important to remember that it is still primarily a commercial land use, so if
the property owner wanted to stay just as commercial use, that would be fine and the introduction
of units would be done on a redevelopment basis. He stated that it should not disadvantage
anyone, unless they wanted to do all residential or had some other idea. He stated that it will also
depend on the structure of the zoning that is created.
Planning Director Darling stated that she wants to make sure the Council understands that the
three areas that are proposed to be amended do not all include the Mixed-Use land use
designation. She explained that the Mixed Use was proposed over the two shopping center areas
and not the Smithtown Road area which would just be high density residential.
Mayor Labadie noted that the public hearing has already been held for this issue, but the Council
is open to listening to the input from the residents that are in attendance at the meeting. She
noted that if anyone already gave testimony at the public hearing held by the Planning
Commission or sent in an e-mail, the Council has received a copy of those comments. She asked
that the residents not just continue to repeat the same comments over and over but assured the
residents that it was important to the Council to hear from the residents. She stated that the City
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
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is considering these amendments because the Met Council determined that the plan the City had
submitted was ‘incomplete’.
Councilmember Siakel reiterated that there is a super majority needed to vote on this issue, so
they will not be making a decision tonight.
Paul Christopher, Waterford Court, stated that he attended the last meeting and the information
provided tonight was accurate except for one point. He stated that everyone here from Waterford
Court is totally against the Mixed Use. He stated that in looking at the population growth over the
next twenty years, it will only increase by four hundred people so to him, there is no need for high
density housing. He stated that there were a few words and phrases he heard at the Planning
Commission meeting that concerned him. They were ‘forced’, ‘directed’, ‘satisfy the Met Council’.
He stated that is hoping that the Council are worried about satisfying the residents of Shorewood
and not the Met Council and reiterated that they are against the Mixed-Use designation.
Councilmember Siakel stated that she would like to respond to questions and comments as they
happen and would like for this to be a discussion and not just the Council sitting and listening.
She stated that she agrees with Mr. Christopher, Shorewood is a community that is all built up
and there are only a few corridors along County Road 19 and Highway 7. She stated that when
they approached the Comprehensive Plan it was really more about redevelopment and places
that may be able to accommodate higher density that helps the City get closer to working with the
Met Council. She stated that for much of this, the City does not have a choice because they have
to comply with the law and their mandate. She stated that the City had tried to push back but the
Met Council said it was not good enough and the City had to do more to satisfy having more
density in the City. She stated that she wants the residents to understand that the Council did
not create this situation and are simply responding to what they are obligated to do.
Mayor Labadie asked City Attorney Keane to highlight what would happen if the City does not
conform to the Met Council requirements.
City Attorney Keane stated that the two main tools in use are ‘carrots’ and ‘sticks’. He stated that
the carrots piece is that the Met Council is the reviewing agency for allocation of State and Federal
resources for infrastructure such as road improvements, sanitary system modifications, and park
improvements. He stated that the Met Council has review authority and comment authority, so
they may find that the City is out of conformity with their plans and adversely comment on a
system improvement that the City would like. He stated that for the stick, the only case in his
career where he witnessed the Met Council engage its enforcement authority imposing its will on
a community, was the City of Lake Elmo and the I-94 corridor where the Met Council said that
was a major metropolitan investment and the corridor should be developed with public services,
including sewer. He stated that this case went to the Minnesota Supreme Court and the judgement
was upheld for the jurisdiction of the Met Council to impose that system-wide decision. He stated
that there has not been a similar imposition of the will of the Met Council as it relates to things like
land use designation. He stated that the Met Council tries to stitch the communities together in
terms of the review authority, but it is essentially uncharted waters in terms of how forcefully the
Met Council may impose its broader policy decision on individual units of government.
Mayor Labadie explained that the Met Council could potentially withhold funds for road projects
or other infrastructure improvements. She stated that this is what the City is up against and it
either does what the Met Council says and try to be creative or they can potentially withhold
money or infrastructure grants.
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OCTOBER 25, 2021
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City Attorney Keane stated that he feels the Mixed Use policy conformity issue is a solid solution.
Shorewood is a built-out community so any changes in land use will be redevelopment which is
driven by land economics. He stated that he believes the Met Council is trying to be even handed
across the one-hundred and five jurisdictions and he believes that, at a granular level, he does
not see much of that happening in the City anytime soon.
Joe Huber, 19762 Waterford Court, stated that Shorewood is indeed a fine place to live and it is
due to the volunteer efforts of the Council and Commissions. He stated that he would like to thank
them for their services and also recognize and thank of the City staff for respecting their concerns
in the decade he has lived in the City. He stated that he is here to ask the Council to stop any
action to further medium- and high-density residential zoning for both commercial and residential
properties. He stated that the testimony at the October 5, 2021 Planning Commission meeting
demonstrated that Shorewood has no land truly viable for medium or high density development.
He stated that the answer should be that Shorewood is built out. He noted that he understood
that these are preliminary actions, but things could change overnight. He stated that these
changes will have an impact on how landowners see the future and reiterated that these simple
things be stopped tonight. He stated that one of the major political parties has concerns about the
nature and governance of the regional and sewer planning council.
Tom Lingo, Garden Patch, 23445 Smithtown Road, stated that they have been in business for
forty-two years and at this point in time there has not been enough land left that could be used for
building high density housing. The City has twice taken parts of his property for City use. He
stated only half of the land is now available because one-third of this parcel is covered in wetland.
He stated that when all the setbacks are followed there would be room for about two houses and
reviewed the setback and easements on his property. He stated that there is a culvert that was
installed on his property to drain Studer Pond and the water coming from Mary Lake. He stated
that now the City is demanding that they agree to a legal access on the south end of the culvert
that can never be used for building or anything but surface storage. The City has left a very small
piece of land for them to use and now they want more for the third time. He stated that the City
needs to look for another piece of property for their housing because this is his piece of property
and thinks it is outrageous that the City would take their property for a third time. He stated that
this would be an undesirable place to live because of its proximity to County Road 19, the water
table, surrounded by commercial businesses and would be a dangerous place to raise a family.
He stated that this property should remain commercial and not be residential and asked again
that the City not take his land for a third time.
Councilmember Siakel stated that the City does not take land and asked for clarification of what
Mr. Lingo was referring to. City Engineer Budde stated that the City has negotiated a drainage
and utility easement for the project which required an agreement with them for maintenance
purposes.
Councilmember Siakel explained that she gets concerned when she hears that the ‘City has taken
things’ because the City has not taken anything. Mr. Lingo stated that the City ‘took the land’ in
the way that it is now restricted. He stated that the twenty-foot easement that runs over the culvert
for the full length of his property cuts right through from the back of his property to the front. He
explained that this means he cannot build anything permanent on there and has to have
everything that can be moved so the City can come in and repair. He stated that if he wants to
build a bigger building he cannot because he has to avoid all of that property. He stated that this
means that housing also could not be put on there. He stated that he is happy with the culvert
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
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and that it is helping Mary Lake, but he has to allow room that he cannot build so that they can
come in at anytime if there are any problems with the culvert, with large equipment to fix it. He
stated that because of the 20=foot easement there is a little strip of land along one side where he
can build, but it is so narrow that it really is not useable. He stated that his understanding is as
soon as the Comprehensive Plan amendments pass, he will not be allowed to make any changes
to the property. He stated that he is allowed to stay in business, but cannot make any changes
and if he sells it to someone, they also cannot make any changes. He stated that you cannot run
a business without some change.
Bob Skinner, 19880 Waterford Court, distributed some information that was from the Planning
Commission agenda packet and a photo he took from the Met Council website. The changes
being proposed by the City is the creation of a new land use called Commercial Mixed Use. He
stated that within the information he gave to the Council it states that fifty percent of the site is to
be maintained as a commercial land use and residential use for forty percent of the site, with a
minimum of fifteen units per acre and a maximum of thirty units per acre which is much more than
the five units per acre that has been discussed in the presentations. He stated that there were
twenty people from the neighborhood that attended the Planning Commission meeting. He noted
that he would estimate that their neighborhood is currently about two units per acre and this would
have fifteen to thirty units per acres that would border their property. If the Council’s hands are
tied, he may be able to live with a few stories, but not the four-seven story buildings that are
depicted in the photo from the Met Council site.
Mayor Labadie asked if the photo that was presented was the one she referenced in her
communication to Council. Planning Director Darling confirmed that this was the photo that she
referenced in the staff report and had attached the same photo to the report. She noted that it is
a photo of a development in Bloomington. She stated that she has spoken with the Planner that
worked on the project and was told that it is upwards of sixty units per acre and is a horizontal
Mixed Use development. She stated that the planner was unable to replicate how the Met Council
got to twenty eight units per acre as listed on their website. He stated that he was unsure if they
had included all of the land in the development but Bloomington’s calculations are upwards of
sixty units per acre.
Mayor Labadie stated that if the City went ahead with some sort of Mixed Use plan, it would not
look anything like this photo. Planning Director Darling stated that she does not know what it
would look like but what is shown in the photo is significantly more than the top end of what the
City could do.
Gabriel Jabbour, 23500 and 23400 Smithtown Road, explained that one of his properties is the
marina and the other is the dredging company. The marina is zoned residential with a recreational
leisure overlay and the other property was zoned commercial. He stated that he bought the
dredging company in order to preserve it in 2008. He stated that staff, residents and members of
the Planning Commission and City Council have been very pleasant. He stated that he is
concerned about secessions and the future of the land. He stated that he understands the City’s
position and noted that he has worked with the Met Council for the last thirty years on various
issues and understands the difficulty in having a partnership with them. He stated that sometimes
it ends up being a monologue from the Met Council rather than a dialogue. He stated that he had
Excelsior run water to the land and feels that the planning was done by accident when the
dredging company came in. He stated that he is interested to see what the City’s plans and
intentions are ‘on purpose’ now rather than by accident. He explained that there are access
issues and residents do not want to see any traffic there. He stated that it is zoned commercial
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
Page 10 of 13
and he is concerned if the existing dredging company decides that they no longer want to continue
what purpose the land should have down the road. He stated that they are not in the position that
it can just be in limbo and just hold on to it. He stated that he would encourage the City to take
direction on the whole thing sooner rather than later so they can aim their compass in that direction
as well. He noted that he is a strong proponent of life cycle housing and noted that when he is
older he does not want to have to leave the community but be able to stay near his family and
have the same lifestyle and just downsize to a nice place near the lake.
Mayor Labadie noted that she liked the description from Mr. Jabour that sometimes there is a
monologue from the Met Council rather than a dialogue and reiterated that the City presented a
plan to the Met Council that was rejected.
Councilmember Siakel explained that the original plan was to essentially do nothing which is what
residents are asking for, but that was not good enough for the Met Council. They have now said
the City has to add one-hundred fifty five units and additional density. She stated that, to her,
they are discussing things that she views as never happening. She stated that this is something
so far down the road and will never come to fruition and noted that no one on Council has ever
talked about something like this ever being there. She stated that the City has even called in
consultants to ensure that this is done correctly because it is important. She stated that she is
willing to listen to what residents have to say, but she is stymied on the solution and a way to find
a middle ground where the Council can satisfy what residents want, but also do what needs to
be done.
Mayor Labadie stated that the solution that would have made everyone happy, has been rejected.
She stated that what they must do to move forward will not make everyone happy, including some
of the Council, because a decision needs to be made that is in the best interest of the whole
community. She stated that the Council shares the concerns of the community with relation to
traffic and they also like the quaintness of the City as it is. She stated that to do any kind of
improvement to Highway 7, they will need approval from the State and if the funding gets yanked
away, those kinds of improvements may never happen. She reiterated that the Council cannot
vote on this issue tonight because a super-majority is needed. She thanked the residents for
expressing their concerns in a very respectful manner.
G. Variance to OHWL Setback and Impervious Surface Coverage
5655 Merry Lane
Planning Director Darling stated that this item is a request for two variances to allow a new
concrete pad to be installed forty feet from the Ordinary Highway Water Level (OHWL) where 75
feet is required. She stated that this request will also require a point three percent increase in
impervious surface coverage which results in a total of 64.8 percent coverage where 24 percent
is allowed. This has been reviewed by both the Parks Commission at their August 10, 2021
meeting and the Planning Commission on October 5, 2021 who reviewed the two possible
locations for the decontamination equipment. The Planning Commission recommended approval
and noted that one nearby resident spoke and raised a concern about noise and suggested an
alternative location for the equipment. She reviewed the current usage practices and location for
the decontamination equipment and gave an overview of the proposal to alter the current
landscape island in order for the equipment to be located there. She stated that following the
concern about noise raised by a resident, staff went to the site and took noise readings and found
that it is operating underneath the maximum levels allowed by the City and State. Staff and
Planning Commission recommend approval of the two variances.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
Page 11 of 13
Joe Schneider, 21125 Christmas Lane, stated that they have been working closely with City staff
on trying to solve a series of problems and this change is one element of the overall solution. He
stated that they are in support of moving the decontamination unit out of the trailer in a parking
stall and are very comfortable with this solution. The Planning Commission report indicated that
every boat is decontaminated it goes in the water and the reality is that a fraction of them are
decontaminated before they go in the water, but noted that they are inspected. He stated that
some boats are decontaminated upon exiting the water according to DNR protocols. He stated
that they stop inspecting at 9:00 p.m. during the peak of the summer months. He stated that any
noise that is generated will be mostly during the daytime hours.
Councilmember Gorham asked for an overview of the two options that had been presented.
Planning Director Darling gave an overview of the two alternative locations for placing the
equipment. City Administrator Lerud stated that this is one of the first changes in a line of
improvements that are planned to be made.
Gorham moved, Labadie seconded, Adopting RESOLUTION NO. 21-126, “A Resolution
Approving Variances to Allow a Concrete Pad to be Installed for Property Located at 5655
Merry Lane.” All in favor, motion passed.
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. City Code Amendment for Commercial Animal Breeders
Chapter 701 of City Code
Planning Director Darling stated that on July 12, 2021 the Council adopted a four-month
moratorium on dog breeding and directed staff to research the activity and advise if a change to
the City Code was necessary. Staff reviewed regulations in a number of metro communities and
found that generally, cities allow commercial dog breeders on larger properties that are further
from more intensely developed areas or more rural. They also require a substantial setback for
structures or enclosures to any property line that is adjacent to residential use. She noted that
Shorewood is a built out community and does not seem to have the larger rural areas where the
impacts from this particular use can be accommodated. Based on this research, staff has
proposed that the City maintain the allowance it has for people to own their dogs, sell puppies,
but not increase the nuisance factor, and limit the number of dogs that are allowed on residential
properties.
Councilmember Gorham asked what led the Council to discuss this issue and pass a moratorium.
Planning Director Darling explained that staff had received a call from someone who was looking
to begin a commercial dog breeding operation and wanted to know what the City standards were,
which the City did not have. He stated that the City Administrator and City Attorney spoke with
this individual to let them know that the issue would need to be studied to the need to create some
standards for commercial dog breeding operations. She stated that the moratorium ends on
November 9, 2021.
Councilmember Siakel asked if this recommendation was basically for a status quo, meaning that
people can have two dogs, and with a permit can have four dogs. She stated that she is confused
how commercial dog breeding fits into that scenario. She stated that she does not think the City
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
Page 12 of 13
should have commercial dog breeding. Planning Director Darling stated that allowing two dogs
and four with a permit is exactly what the City currently allows.
Councilmember Siakel stated that breeders could potentially exceed four dogs if they have
puppies. Planning Director Darling clarified that the ordinance sets the maximum amount of dogs
that a breeder can own to the same number of dogs that any other resident can own in the City.
Mayor Labadie stated that she thinks the revisions were well thought out and add further
restrictions without altering the existing parameters.
Labadie moved, Gorham seconded, Adopting ORDINANCE 584, “An Ordinance Approving
an Amendment to Shorewood City Code Chapter 701 (Animals).” All in favor, motion
passed.
Mayor Labadie noted a minor typographical error on the resolution.
Labadie moved, Gorham seconded, Adopting RESOLUTION NO. 21-127, “A Resolution
Approving the Publication of Ordinance 584 Regarding City Code Ordinance Amendments
Related to Animal Breeders.” All in favor, motion requires Super Majority Vote (4/5) to Pass
and will be continued to the next city council meeting for approval.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. 3rd Quarter 2021 General Fund Budget Report
Finance Director Rigdon gave a brief overview of the General Fund Budget report as of the third
quarter of 2021.
Councilmember Gorham confirmed that there did not appear to be any ‘red flags’ in the General
Fund Budget. Finance Director Rigdon stated that there are not any and it is comparable with
prior years.
rd
2. Investments 3 Quarter 2021 Report
Finance Director Rigdon stated that the City is complying with its policy and are basically using
the Safety Liquidity and Yield (SLY) method where investments are made, in that order.
Other
Public Works Director Brown stated earlier this year, based on drought conditions, the Minnesota
Department of Health put out a mandate stating that watermain flushing was to be held off in order
to conserve water. He explained that Shorewood traditionally does this in the spring and fall of
the year and has not received any official notification that the decision has been reversed, so the
City may not be doing watermain flushing unless the decision is reversed soon.
Mayor Labadie stated that there have been some residents that have contacted the City about
this issue. She asked if it gets to the point where the City is unable to flush this fall that there be
an explanation given in the newsletter and on the website for the residents.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 25, 2021
Page 13 of 13
City Engineer Budde updated the Council on the Enchanted Island force main project which has
begun and noted it should be completed in about two weeks. The City has posted information on
the website about the Strawberry Lane project regarding the upcoming open house which will be
held on Wednesday, November 10, 2021. He stated that MnDot is working on completing a road
safety audit for Highway 7.
City Attorney Keane explained that regarding the Comprehensive Plan amendment discussion,
Mr. Lingo voluntarily provided the easement he referred to through a negotiations which was
within his setback area so he could not have put a building in that area anyway. He stated that
the Waterford discussion was especially interesting for any of the Council that was around in the
1990s when the whole center with the Holiday store was proposed to be a full service Byerly’s
store. He reminded the Council that land use changes and patterns come and go.
Councilmember Siakel stated that she thinks that is a point that is missing and understands
wanting to be respectful of people, but does not know how to comment when the changes of what
they are saying may happen is infinitesimal. She stated that she does not like it when people
come and say the City ‘took’ their property because the City has never taken anyone’s property.
She stated that kind of thing needs to checked so people are not left with a bad impression and it
needs to be made clear that the City does not use eminent domain. She stated that if Mr. Lingo
gave the easement to the City, nothing was ‘taken’ from him by the City.
City Attorney Keane explained that he just wanted the Council to understand the context of that
situation.
B. Mayor and City Council
Councilmember Gorham stated that there is a ‘buzzing’ schoolboard election on November 2,
2021 and encouraged people to vote if they are in the Minnetonka school district.
Mayor Labadie expressed her appreciation for everyone on the Council and staff and how well
everyone works together.
11. ADJOURN
Gorham moved, Siakel seconded, Adjourning the City Council Regular Meeting of October
25, 2021, at 9:45 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: November 8, 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.
67092 - 671 & ACH 79
Total Claims $79
We have also included a payroll summary for the payroll period ending October 24, 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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#2D
MEETING TYPE
REGULAR
City of Shorewood Council Meeting Item
Title / Subject: Assessment Agreements for Water Connections
Meeting Date: November 8, 2021
Prepared by: Joe Rigdon, Finance Director
Reviewed by: Greg Lerud, City Administrator
Attachment: Resolution Certifying Special Assessments on the 2022 Hennepin County Property Tax
Rolls
Background: The City Council for the City of Shorewood offers a program for residents who have public
water available but are not connected to the municipal system, the ability to assess the water access
charge over a number of years. Subsequent to the Council approving the program, staff has received
many inquiries for additional information. An assessment agreement was developed in consultation
with the city attorney, and numerous properties have signed assessment agreements since 2019.
The owners of all the properties listed below have signed Assessment Agreements that state the terms
of the assessment and are waiving their right to appeal the assessment. The current water access charge
is $10,000. Prior water assessments collected are applied against the $10,000 access charge when
applicable.
PID ADDRESS NAME AMOUNT TERM INTEREST
RATE
33-117-23-21-0006 24925 Amlee Hansen/Curran 10,000 5 years 5.0%
Road
33-117-23-21-0052 24995 Glen Road Teasdale/ 10,000 5 years 5.0%
Digruttolo
33-117-23-21-0055 25155 Glen Road Trettel 10,000 5 years 5.0%
34-117-23-31-0040 5960 Grant Street Abdelsamie 10,000 10 years 0.0%
33-117-23-22-0035 5565 Harding Hicks 10,000 5 years 5.0%
Lane
31-117-23-13-0020 5715 Kathleen Hall 7,500 3 years 5.0%
Court
31-117-23-24-0004 28110 Woodside Giebenhain 10,000 5 years 5.0%
Road
Recommendation / Action Requested: Staff recommends approval of the Resolution Certifying Special
Assessments on the 2022 Hennepin County Property Tax Rolls.
Next Steps and Timeline: The assessments will be certified with the Hennepin County Assessor’s office.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
RESOLUTION 21-128
A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS ON THE 2022
HENNEPIN COUNTY PROPERTY TAX ROLLS
WHEREAS, the City Council for the City of Shorewood offered a program for residents who
had public water available but were not connected to the municipal system, the ability to assess
the water access charge over a number of years; and,
WHEREAS, the owners of all the properties listed below have signed Assessment Agreements
that state the terms of the assessment and waiving their right to appeal the assessment,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD AS FOLLOWS:
That pursuant to the terms of the assessment agreements, the city hereby approves and certifies
the following special assessments:
PID ADDRESS NAME AMOUNT TERM INTEREST
RATE
33-117-23-21-0006 24925 Amlee Hansen/Curran 10,000 5 years 5.0%
Road
33-117-23-21-0052 24995 Glen Road Teasdale/ 10,000 5 years 5.0%
Digruttolo
33-117-23-21-0055 25155 Glen Road Trettel 10,000 5 years 5.0%
34-117-23-31-0040 5960 Grant Street Abdelsamie 10,000 10 years 0.0%
33-117-23-22-0035 5565 Harding Hicks 10,000 5 years 5.0%
Lane
31-117-23-13-0020 5715 Kathleen Hall 7,500 3 years 5.0%
Court
31-117-23-24-0004 28110 Woodside Giebenhain 10,000 5 years 5.0%
Road
Such certification, which is due to the County Auditor no later than November 30, 2021, shall be
payable over the period of years indicated on the table. The owner of the affected party may, at
any time prior to certification of assessments to the County Auditor, pay the whole of the
certified assessments to the Shorewood City Clerk.
The clerk shall forthwith transmit a certified copy of this certification roll to the County Auditor
to be extended on the property tax lists of the county and such certified assessments shall be
collected and paid over in the same manner as property taxes.
Hennepin County Special Assessment Division is hereby authorized to certify the assessments on
the property tax rolls payable in 2022.
th
ADOPTED BY THE SHOREWOOD CITY COUNCIL this 8 day of November 2021.
________________________________
Jennifer Labadie, Mayor
ATTEST
________________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
Title/Subject: Sam Larson Eagle Scout Project
2F
Meeting Date: November 8, 2021
MEETING
TYPE
Prepared by: Twila Grout – Park & Rec Director
Regular
Meeting
Attachments: Park Commission Memo
Application
Resolution
Background: Eagle Scout candidate Sam Larson has proposed donating a compost
bin for his Eagle Scout project that he will build for the Freeman Park community
gardens. He stated that he will purchase lumber that would not affect the compost
materials for the garden. The compost bin will be placed on the west side of the
community garden. The Park Commission ask that a sign be posted that the project was
completed by an Eagle Scout. Mr. Larson stated that he could put up a sign.
At the October 26, Park Commission meeting, the Park Commissioners recommended
acceptance of the donation for a compost bin at Freeman Park Community Garden from
Eagle Scout candidate Sam Larson.
Financial Considerations: None. The donation will cover the cost of purchase and
installation.
Action Requested: Park Commission and staff recommends the city council accept the
donation.
Accepting a donation requires a simple majority of Council members.
Connection to Vision/Mission: Consistency in providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax
base, and sound financial management through effective, efficient, and visionary
leadership.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
#4A
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-474-3236
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
To: Park Commission
From: Twila Grout – Park & Rec Director
Date: October 26, 2021
Re: Sam Larson Eagle Scout Project
Eagle Scout candidate Sam Larson will be attending the Park Commission meeting to present his project to
the Park Commissioners. He would like to build a compost bin for the community garden which is located
at Freeman Park.
As the deadline for his Eagle Scout is April 15, 2022, Sam would like to start the project as soon as
possible and anticipates completing the project this fall, if weather permits, but no later than early spring.
Attached is a copy of Sam’s project for your review. The photo of the compost bin is an example of what
the bin will look like but will have a side that swings out on hinges.
Staff Recommendation:
Upon review, staff recommends that the Park Commission support the proposed Eagle Scout Project
for a compost bin at Freeman Park community garden.
RESOLUTION 21-129
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION ACCEPTING A DONATION FOR INSTALLATION OF A COMPOST
BIN FOR FREEMAN PARK COMMUNITY PARK
WHEREAS, Eagle Scout candidate Sam Larson, has proposed building and donating a
compost bin for the community garden which is located at Freeman Park, in the City of
Shorewood, County of Hennepin; and
WHEREAS, Eagle Scout candidate Sam Larson has specified the compost bin be
placed next to the community garden on the west side of the fencing; and
WHEREAS, the Park Commission has approved the placement of the compost bin and
it meets all maintenance policy requirements.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA HEREBY ACCEPTS THE DONATION TO BUILD AND
INSTALL A COMPOST BIN.
Adopted by the City Council of Shorewood, Minnesota this 8th day of November, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
#2G
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Accept Constructed Improvements and Authorizing Final Payment for the
Echo Road Storm Sewer Improvements
Meeting Date: November 8, 2021
Prepared by: Katie Koscielak, Project Engineer WSB and Associates, Inc.
Reviewed by: Larry Brown, Director of Public Works
Attachments: Resolution, Final Payment Summary
Background:
The City awarded the Echo Road Storm Sewer Improvements to G.F. Jedlicki,Inc.at the regular City
Council meeting on August 10, 2020. The Echo Road Storm Sewer Improvements included construction
of a new storm sewer pipe through 5745 Echo Road to direct the runoff from Echo Road to the wetland
to the south to reduce the surface water runoff from the roadway crossing this property.
G.F. Jedlicki, Inc. had completed the scheduled work in the fall of 2020 in general conformance with the
Contract documents and has requested final payment. The contract was left open until 2021 to verify
there were no settlements following the 2020/2021 winter season and ensure adjacent seeding has
established. The City Engineer has determined that the project is complete and final payment is
appropriate.
G.F. Jedlicki, Inc. has submitted the two-year Maintenance Bond, Minnesota Form IC-134 Withholdings
Affidavit, lien waivers and the signed request for final payment. The 2-year warranty has been
submitted setting the 2-year warranty period to begin October 30, 2020 and expire October 30, 2022.
The 2-year warranty will fall under the administration of the City of Shorewood.
A Resolution Accepting Improvements for the Echo Road Storm Sewer Improvements and Authorizing
Final Payment is included for Council consideration of approval.
Financial or Budget Considerations:
The “unit price” based quote was awarded to G.F. Jedlicki,Inc.in the amount of $34,172.50 and the
final project construction amount is $31,820.00.
The amount remaining for payment with Payment Request No. 2/Final is $318.20.
Recommendation / Action Requested:
Staff recommends approval of the Resolution Accepting Improvements for the Echo Road Storm Sewer
Improvements and Authorizing Final Payment G.F. Jedlicki, Inc. in the amount of $318.20.
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
11/3/21
Smithtown Road Storm Structure Final Pay Voucher 2
Repair and Echo Road Storm
Sewer Improvements
Payment Summary
Work Certified Amount Retained Amount Paid
No. Up Through Date
Per VoucherPer Voucher Per Voucher
1 12/18/2020 $80,598.50 $805.99 $79,792.51
2 09/14/2021 $0.00 ($805.99) $805.99
Work Certified Less Amount Less Previous Amount Paid Total Amount Paid
Funding Category Name
To Date Retained Payments This Voucher To Date
1 $80,598.50 $0.00 $79,792.51 $805.99 $80,598.50
Funds
Accounting Amount Paid Revised Contract Paid Contractor
Funding Source Encumbered
Number This Voucher Amount To Date
To Date
1 Local $805.99 $80,598.50
Contract Item Status
Quantity
Line Contract Amount This Quantity
Item Description Units Unit Price This Amount To Date
No. Quantity Voucher To Date
Voucher
1 2021.501 MOBILIZATION LS $3,890.0010$0.001$3,890.00
2 2104.502 REMOVE DRAINAGE STRUCTURE EACH $850.0040$0.004$3,400.00
3 2104.503 REMOVE CURB & GUTTER L F $6.00600$0.0071.5$429.00
SAWING CONCRETE PAVEMENT
4 2104.503 L F $6.00500$0.0064$384.00
(FULL DEPTH)
SAWING BITUMINOUS PAVEMENT
5 2104.513 L F $5.001000$0.0095.5$477.50
(FULL DEPTH)
6 2104.503 SALVAGE WOOD RAIL FENCE L F $11.001200$0.0080$880.00
7 2104.518 REMOVE CONCRETE WALK S F $1.003600$0.00429$429.00
8 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $5.00400$0.0023.83$119.15
9 2106.507 EXCAVATION - COMMON C Y $29.00100$0.0038$1,102.00
STREET SWEEPER (WITH PICKUP
10 2123.610 HOUR $18.00100$0.005$90.00
BROOM)
11 2211.507 AGGREGATE BASE (CV) CLASS 5 C Y $38.00100$0.0072$2,736.00
12 2331.603 JOINT ADHESIVE L F $4.001600$0.000$0.00
BITUMINOUS MATERIAL FOR TACK
13 2357.506 GAL $5.00100$0.0010$50.00
COAT
TYPE SP 12.5 WEARING COURSE
14 2360.509 TON $195.00200$0.0011.91$2,322.45
MIX (2;C)
15 2501.502 12" RC PIPE APRON EACH $920.0030$0.003$2,760.00
16 2501.502 22" SPAN RC PIPE-ARCH APRON EACH $1,100.0010$0.001$1,100.00
Page 2 of 5
Smithtown Road Storm Structure Final Pay Voucher 2
Repair and Echo Road Storm
Sewer Improvements
Contract Item Status
Quantity
Line Contract Amount This Quantity
Item Description Units Unit Price This Amount To Date
No. Quantity Voucher To Date
Voucher
17 2503.503 12" RC PIPE SEWER DES 3006 CL V L F $48.00120$0.0012$576.00
22" SPAN RC PIPE-ARCH SEWER
18 2503.503 L F $96.0080$0.004.5$432.00
CL IIA
CONNECT TO EXISTING STORM
19 2503.602 EACH $745.0010$0.001$745.00
SEWER
CONST DRAINAGE STRUCTURE
20 2506.602 EACH $2,465.0030$0.004$9,860.00
DESIGN SPEC (2'X3')
21 2511.507 RANDOM RIPRAP CLASS III C Y $84.00200$0.0015.35$1,289.40
22 2521.518 4" CONCRETE WALK S F $15.003600$0.00438$6,570.00
CONCRETE CURB & GUTTER
23 2531.503 L F $38.00600$0.0073$2,774.00
DESIGN B618
24 2557.603 INSTALL WOOD RAIL FENCE L F $11.001200$0.0080$880.00
25 2563.601 TRAFFIC CONTROL LS $4,650.0010$0.001$4,650.00
26 2573.502 STORM DRAIN INLET PROTECTION EACH $100.0080$0.004$400.00
27 2573.503 SILT FENCE; TYPE HI L F $4.001000$0.0050$200.00
SEDIMENT CONTROL LOG TYPE
28 2573.503 L F $4.001000$0.0050$200.00
STRAW
29 2574.507 BOULEVARD TOPSOIL BORROW C Y $28.00100$0.000$0.00
30 2574.508 FERTILIZER TYPE 3 LB $2.0030$0.000$0.00
ROLLED EROSION PREVENTION
31 2575604 S Y $3.00600$0.0011$33.00
CATEGORY 25
32 2575.505 SEEDING ACRE $12,450.000.020$0.000$0.00
33 2575.508 SEED MIXTURE 25-131 LB $52.0010$0.000$0.00
34 2021.501 MOBILIZATION LS $3,250.0010$0.001$3,250.00
35 2101.524 CLEARING TREE $880.0020$0.000$0.00
36 2101.524 GRUBBING TREE $755.0020$0.000$0.00
37 2104.503 SAWING BITUMINOUS PAVEMENT L F $4.00400$0.0040$160.00
REMOVE BITUMINOUS DRIVEWAY
38 2104.504 S Y $5.002400$0.00238$1,190.00
PAVEMENT
STREET SWEEPER (WITH PICKUP
39 2123.610 HOUR $18.00100$0.002$36.00
BROOM)
Page 3 of 5
Smithtown Road Storm Structure Final Pay Voucher 2
Repair and Echo Road Storm
Sewer Improvements
Contract Item Status
Quantity
Line Contract Amount This Quantity
Item Description Units Unit Price This Amount To Date
No. Quantity Voucher To Date
Voucher
40 2331.603 JOINT ADHESIVE L F $4.00400$0.000$0.00
TYPE SP 9.5 WEARING COURSE
41 2360.504 S Y $39.002400$0.00240$9,360.00
MIX (2,C)
42 2501.502 12" RC PIPE APRON EACH $920.0010$0.001$920.00
43 2503.503 12" RC PIPE SEWER DES 3006 CL V L F $52.00800$0.0088$4,576.00
CONNECT INTO EXISTING
44 2503.602 EACH $745.0010$0.001$745.00
DRAINAGE STRUCTURE
45 2506.502 CASTING ASSEMBLY EACH $445.0010$0.001$445.00
CONST DRAINAGE STRUCTURE
46 2506.503 L F $925.0040$0.004$3,700.00
DES 48-4020
47 2506.602 CHIMNEY SEAL EACH $220.0010$0.001$220.00
48 2511.507 RANDOM RIPRAP CLASS III C Y $87.00100$0.007$609.00
49 2563.601 TRAFFIC CONTROL LS $1,840.0010$0.001$1,840.00
50 2571.524 CONIFEROUS TREE 8' HT B&B TREE $890.0010$0.000$0.00
51 2571.524 DECIDUOUS TREE 2.5" CAL B&B TREE $865.0010$0.000$0.00
52 2573.503 SILT FENCE; TYPE HI L F $4.001000$0.000$0.00
SEDIMENT CONTROL LOG TYPE
53 2573.503 L F $4.001000$0.0080$320.00
STRAW
54 2574.507 BOULEVARD TOPSOIL BORROW C Y $29.00100$0.000$0.00
55 2574.508 FERTILIZER TYPE 3 LB $2.0050$0.005$10.00
ROLLED EROSION PREVENTION
56 2575.604 S Y $3.001200$0.00200$600.00
CATEGORY 25
57 2575.505 SEEDING ACRE $12,450.000.030$0.000.3$3,735.00
58 2575.508 SEED MIXTURE 25-131 LB $52.0020$0.002$104.00
Bid Totals: $0.00$80,598.50
Project Category Totals
Category Amount This Voucher Amount To Date
SCHEDULE A. - SMITHTOWN ROAD STRUCTURE REPAIRS $0.00 $48,778.50
SCHEDULE B. - ECHO ROAD STORM SEWER IMPROVEMENTS $0.00 $31,820.00
Page 4 of 5
Smithtown Road Storm Structure Final Pay Voucher 2
Repair and Echo Road Storm
Sewer Improvements
Contract Change Item Status
Quantity
CC Line Contract Amount This Quantity
CC Item Description Units Unit Price This Amount To Date
No. No. Quantity Voucher To Date
Voucher
Contract Change Totals:
Contract Change Totals
Contract Amount This Amount To
No. Description
Change Voucher Date
Material On Hand Additions
Line
Item Description Date Added Comments
No.
Material On Hand Balance
Line
Item Description Date Added Used Remaining
No.
Page 5 of 5
CITY OF SHOREWOOD
RESOLUTION NO. 21-130
A RESOLUTION ACCEPTING IMPROVEMENTS
AND AUTHORIZING FINAL PAYMENT FOR
THE ECHO ROAD STORM SEWER IMPROVEMENTS
WHEREAS, on August 10, 2020, the City of Shorewood entered into a contract
with G.F. Jedlicki, Inc., for the Echo Road Storm Sewer Improvements; and,
WHEREAS, the Contractor has substantially completed the project work and has
requested City acceptance of the project and final payment for the work performed and
documented to date; and,
WHEREAS, the City Engineer has made final inspection of the project and
recommends acceptance and final payment be made 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 contract and
authorizes final payment to the Contractor.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 8th day of November, 2021.
____________________________
Jennifer Labadie, Mayor
ATTEST:
______________________________
Sandie Thone, City Clerk
#2H
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Accept Constructed Improvements and Authorizing Final Payment for the
Smithtown Road Storm Structure Repair
Meeting Date: November 8, 2021
Prepared by: Katie Koscielak, Project Engineer WSB and Associates, Inc.
Reviewed by: Larry Brown, Director of Public Works
Attachments: Resolution, Final Payment Summary
Background:
The City awarded the Smithtown Road Storm Structure Repair to G.F. Jedlicki, Inc. at the regular City
Council meeting on August 10, 2020. The Smithtown Road Storm Structure Repair improvements
consisted of the removal and replacement of 4 storm sewer structures along Smithtown Road. A
settlement agreement between the City of Shorewood and WSB was executed on September 14, 2020
regarding the cost associated with these repairs with payment to be disbursed in conjunction with the
closeout of the project.
G.F. Jedlicki, Inc. had completed the scheduled work in the fall of 2020 in general conformance with the
Contract documents and has requested final payment. The contract was left open until 2021 to ensure
adjacent seeding has established. The Director of Public Works has determined that the project is
complete and final payment is appropriate.
G.F. Jedlicki, Inc. has submitted the two-year Maintenance Bond, Minnesota Form IC-134 Withholdings
Affidavit, lien waivers and the signed request for final payment. The 2-year warranty has been
submitted setting the 2-year warranty period to begin October 30, 2020 and expire October 30, 2022.
The 2-year warranty will fall under the administration of the City of Shorewood.
A Resolution Accepting Improvements for the Smithtown Road Storm Structure Repair and Authorizing
Final Payment is included for Council consideration of approval.
Financial or Budget Considerations:
The “unit price” based quote was awarded to G.F. Jedlicki,Inc.in the amount of $46,811.00 and the
final project construction amount is $48,778.50.
The amount remaining for payment with Payment Request No. 2/Final is $487.79.
Recommendation / Action Requested:
Staff recommends approval of the Resolution Accepting Improvements for the Smithtown Road Storm
Structure Repair and Authorizing Final Payment G.F. Jedlicki, Inc. in the amount of $487.79.
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
11/3/21
Smithtown Road Storm Structure Final Pay Voucher 2
Repair and Echo Road Storm
Sewer Improvements
Payment Summary
Work Certified Amount Retained Amount Paid
No. Up Through Date
Per VoucherPer Voucher Per Voucher
1 12/18/2020 $80,598.50 $805.99 $79,792.51
2 09/14/2021 $0.00 ($805.99) $805.99
Work Certified Less Amount Less Previous Amount Paid Total Amount Paid
Funding Category Name
To Date Retained Payments This Voucher To Date
1 $80,598.50 $0.00 $79,792.51 $805.99 $80,598.50
Funds
Accounting Amount Paid Revised Contract Paid Contractor
Funding Source Encumbered
Number This Voucher Amount To Date
To Date
1 Local $805.99 $80,598.50
Contract Item Status
Quantity
Line Contract Amount This Quantity
Item Description Units Unit Price This Amount To Date
No. Quantity Voucher To Date
Voucher
1 2021.501 MOBILIZATION LS $3,890.0010$0.001$3,890.00
2 2104.502 REMOVE DRAINAGE STRUCTURE EACH $850.0040$0.004$3,400.00
3 2104.503 REMOVE CURB & GUTTER L F $6.00600$0.0071.5$429.00
SAWING CONCRETE PAVEMENT
4 2104.503 L F $6.00500$0.0064$384.00
(FULL DEPTH)
SAWING BITUMINOUS PAVEMENT
5 2104.513 L F $5.001000$0.0095.5$477.50
(FULL DEPTH)
6 2104.503 SALVAGE WOOD RAIL FENCE L F $11.001200$0.0080$880.00
7 2104.518 REMOVE CONCRETE WALK S F $1.003600$0.00429$429.00
8 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $5.00400$0.0023.83$119.15
9 2106.507 EXCAVATION - COMMON C Y $29.00100$0.0038$1,102.00
STREET SWEEPER (WITH PICKUP
10 2123.610 HOUR $18.00100$0.005$90.00
BROOM)
11 2211.507 AGGREGATE BASE (CV) CLASS 5 C Y $38.00100$0.0072$2,736.00
12 2331.603 JOINT ADHESIVE L F $4.001600$0.000$0.00
BITUMINOUS MATERIAL FOR TACK
13 2357.506 GAL $5.00100$0.0010$50.00
COAT
TYPE SP 12.5 WEARING COURSE
14 2360.509 TON $195.00200$0.0011.91$2,322.45
MIX (2;C)
15 2501.502 12" RC PIPE APRON EACH $920.0030$0.003$2,760.00
16 2501.502 22" SPAN RC PIPE-ARCH APRON EACH $1,100.0010$0.001$1,100.00
Page 2 of 5
Smithtown Road Storm Structure Final Pay Voucher 2
Repair and Echo Road Storm
Sewer Improvements
Contract Item Status
Quantity
Line Contract Amount This Quantity
Item Description Units Unit Price This Amount To Date
No. Quantity Voucher To Date
Voucher
17 2503.503 12" RC PIPE SEWER DES 3006 CL V L F $48.00120$0.0012$576.00
22" SPAN RC PIPE-ARCH SEWER
18 2503.503 L F $96.0080$0.004.5$432.00
CL IIA
CONNECT TO EXISTING STORM
19 2503.602 EACH $745.0010$0.001$745.00
SEWER
CONST DRAINAGE STRUCTURE
20 2506.602 EACH $2,465.0030$0.004$9,860.00
DESIGN SPEC (2'X3')
21 2511.507 RANDOM RIPRAP CLASS III C Y $84.00200$0.0015.35$1,289.40
22 2521.518 4" CONCRETE WALK S F $15.003600$0.00438$6,570.00
CONCRETE CURB & GUTTER
23 2531.503 L F $38.00600$0.0073$2,774.00
DESIGN B618
24 2557.603 INSTALL WOOD RAIL FENCE L F $11.001200$0.0080$880.00
25 2563.601 TRAFFIC CONTROL LS $4,650.0010$0.001$4,650.00
26 2573.502 STORM DRAIN INLET PROTECTION EACH $100.0080$0.004$400.00
27 2573.503 SILT FENCE; TYPE HI L F $4.001000$0.0050$200.00
SEDIMENT CONTROL LOG TYPE
28 2573.503 L F $4.001000$0.0050$200.00
STRAW
29 2574.507 BOULEVARD TOPSOIL BORROW C Y $28.00100$0.000$0.00
30 2574.508 FERTILIZER TYPE 3 LB $2.0030$0.000$0.00
ROLLED EROSION PREVENTION
31 2575604 S Y $3.00600$0.0011$33.00
CATEGORY 25
32 2575.505 SEEDING ACRE $12,450.000.020$0.000$0.00
33 2575.508 SEED MIXTURE 25-131 LB $52.0010$0.000$0.00
34 2021.501 MOBILIZATION LS $3,250.0010$0.001$3,250.00
35 2101.524 CLEARING TREE $880.0020$0.000$0.00
36 2101.524 GRUBBING TREE $755.0020$0.000$0.00
37 2104.503 SAWING BITUMINOUS PAVEMENT L F $4.00400$0.0040$160.00
REMOVE BITUMINOUS DRIVEWAY
38 2104.504 S Y $5.002400$0.00238$1,190.00
PAVEMENT
STREET SWEEPER (WITH PICKUP
39 2123.610 HOUR $18.00100$0.002$36.00
BROOM)
Page 3 of 5
Smithtown Road Storm Structure Final Pay Voucher 2
Repair and Echo Road Storm
Sewer Improvements
Contract Item Status
Quantity
Line Contract Amount This Quantity
Item Description Units Unit Price This Amount To Date
No. Quantity Voucher To Date
Voucher
40 2331.603 JOINT ADHESIVE L F $4.00400$0.000$0.00
TYPE SP 9.5 WEARING COURSE
41 2360.504 S Y $39.002400$0.00240$9,360.00
MIX (2,C)
42 2501.502 12" RC PIPE APRON EACH $920.0010$0.001$920.00
43 2503.503 12" RC PIPE SEWER DES 3006 CL V L F $52.00800$0.0088$4,576.00
CONNECT INTO EXISTING
44 2503.602 EACH $745.0010$0.001$745.00
DRAINAGE STRUCTURE
45 2506.502 CASTING ASSEMBLY EACH $445.0010$0.001$445.00
CONST DRAINAGE STRUCTURE
46 2506.503 L F $925.0040$0.004$3,700.00
DES 48-4020
47 2506.602 CHIMNEY SEAL EACH $220.0010$0.001$220.00
48 2511.507 RANDOM RIPRAP CLASS III C Y $87.00100$0.007$609.00
49 2563.601 TRAFFIC CONTROL LS $1,840.0010$0.001$1,840.00
50 2571.524 CONIFEROUS TREE 8' HT B&B TREE $890.0010$0.000$0.00
51 2571.524 DECIDUOUS TREE 2.5" CAL B&B TREE $865.0010$0.000$0.00
52 2573.503 SILT FENCE; TYPE HI L F $4.001000$0.000$0.00
SEDIMENT CONTROL LOG TYPE
53 2573.503 L F $4.001000$0.0080$320.00
STRAW
54 2574.507 BOULEVARD TOPSOIL BORROW C Y $29.00100$0.000$0.00
55 2574.508 FERTILIZER TYPE 3 LB $2.0050$0.005$10.00
ROLLED EROSION PREVENTION
56 2575.604 S Y $3.001200$0.00200$600.00
CATEGORY 25
57 2575.505 SEEDING ACRE $12,450.000.030$0.000.3$3,735.00
58 2575.508 SEED MIXTURE 25-131 LB $52.0020$0.002$104.00
Bid Totals: $0.00$80,598.50
Project Category Totals
Category Amount This Voucher Amount To Date
SCHEDULE A. - SMITHTOWN ROAD STRUCTURE REPAIRS $0.00 $48,778.50
SCHEDULE B. - ECHO ROAD STORM SEWER IMPROVEMENTS $0.00 $31,820.00
Page 4 of 5
Smithtown Road Storm Structure Final Pay Voucher 2
Repair and Echo Road Storm
Sewer Improvements
Contract Change Item Status
Quantity
CC Line Contract Amount This Quantity
CC Item Description Units Unit Price This Amount To Date
No. No. Quantity Voucher To Date
Voucher
Contract Change Totals:
Contract Change Totals
Contract Amount This Amount To
No. Description
Change Voucher Date
Material On Hand Additions
Line
Item Description Date Added Comments
No.
Material On Hand Balance
Line
Item Description Date Added Used Remaining
No.
Page 5 of 5
CITY OF SHOREWOOD
RESOLUTION NO. 21-131
A RESOLUTION ACCEPTING IMPROVEMENTS
AND AUTHORIZING FINAL PAYMENT FOR
THE SMITHTOWN ROAD STORM STRUCTURE REPAIR
WHEREAS, on August 10, 2020, the City of Shorewood entered into a contract
with G.F. Jedlicki, Inc., for the Smithtown Road Storm Structure Repair; and,
WHEREAS, the Contractor has substantially completed the project work and has
requested City acceptance of the project and final payment for the work performed and
documented to date; and,
WHEREAS, the Director of Public Works has made final inspection of the
project and recommends acceptance and final payment be made 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 contract and
authorizes final payment to the Contractor.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 8th day of November, 2021.
____________________________
Jennifer Labadie, Mayor
ATTEST:
______________________________
Sandie Thone, City Clerk
4A
MEETING TYPE
Regular
City of Shorewood Council Meeting Item
Meeting
Title/Subject: Certifying Unpaid Charges Public Hearing
Meeting Date: Monday, November 8, 2021
Prepared by: Joe Rigdon, Finance Director
Reviewed by: Michelle Nguyen, Senior Accountant
Attachments: 2021 Certification Listing (Preliminary)
Correspondence
Policy Consideration: Pursuant to Shorewood City Code 903.09, Subdv. 3(e) Tax Assessments,
all delinquent accounts may be certified by the clerk who shall prepare an assessment roll each
year providing for assessment of the delinquent accounts against respective property served
th
and delivered to the city council for adoption prior to November 30 of each year. Upon
adoption the clerk shall certify to the County Auditor the amount due, plus a certification fee as
established in the Shorewood Master Fee Schedule and the County Auditor shall thereupon
enter the amount as part of the tax levy on the premises to be collected during the ensuing
year.
Background: The City of Shorewood is responsible for providing water, sewer, stormwater,
recycling and other services to property owners within the city limits. The city has established
fees for the provision of these services as delineated in the City’s Master Fee Schedule. All
delinquent accounts were notified of the process pursuant to state statute and had sufficient
time to make payment arrangements or pay the unpaid charges. In addition, all delinquent
account holders were notified that property owners wishing to object to proposed assessments
against their property should do so during the November 8, 2021 city council meeting where
council would consider the assessment levied against their property.
Action Requested: Staff respectfully recommends the city council hear and consider any
property owner objections to the proposed assessments. No action is immediately required
after the public hearing. Agenda item 9b is consideration of a Resolution Certifying Unpaid
Charges to the 2022 Hennepin County Tax Rolls.
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
2021-Certification
PIDBalance Amount
25-117-23-24-0023380.62
33-117-23-12-0074800.60
34-117-23-23-0024202.32
34-117-23-24-0024209.51
34-117-23-24-0026327.86
31-117-23-14-0026817.16
32-117-23-44-0015731.82
32-117-23-23-0010673.52
32-117-23-22-0027740.10
32-117-23-43-0037805.46
32-117-23-44-0019184.46
32-117-23-14-0030674.60
32-117-23-11-0013247.77
32-117-23-14-0015638.58
25-117-23-44-0063557.43
34-117-23-21-0029615.79
36-117-23-11-0001952.23
33-117-23-33-0028105.23
34-117-23-33-0005105.23
29-117-23-43-0018555.76
34-117-23-44-0023358.65
32-117-23-34-0007648.26
33-117-23-42-0001462.17
33-117-23-14-0043462.17
33-117-23-32-0031493.90
25-117-23-34-0025493.90
26-117-23-11-0012462.17
34-117-23-41-0022295.14
34-117-23-44-0060315.38
34-117-23-43-0023493.90
25-117-23-22-0016393.90
33-117-23-12-0025465.56
32-117-23-12-0008493.90
32-117-23-12-0034462.17
32-117-23-13-0006493.90
32-117-23-13-0008462.17
35-117-23-31-0027462.17
31-117-23-14-0002462.17
34-117-23-23-0056526.18
34-117-23-33-0029435.68
34-117-23-33-0037462.17
31-117-23-44-0026315.38
25-117-23-33-0071462.17
35-117-23-13-0045435.68
35-117-23-34-0022295.53
35-117-23-34-0029435.68
2021-Certification
PIDBalance Amount
26-117-23-14-0011462.17
25-117-23-44-0049462.17
30-117-23-42-0003462.17
33-117-23-11-0050253.25
33-117-23-11-0050253.25
33-117-23-24-0009493.90
33-117-23-23-0039462.17
32-117-23-14-0031462.17
36-117-23-14-00623,078.30
25-117-23-33-0047583.43
25-117-23-34-0022462.17
25-117-23-34-0012493.90
33-117-23-43-0005462.17
32-117-23-11-0024295.14
33-117-23-22-0018696.40
32-117-23-14-0017462.17
34-117-23-31-0022582.33
25-117-23-24-0092566.04
25-117-23-24-0037579.07
34-117-23-24-0032964.95
25-117-23-22-0067435.68
32-117-23-31-0042462.17
31-117-23-11-0012 810.73
33-117-23-33-005969.41
33-117-23-21-0038409.57
33-117-23-12-0014462.17
32-117-23-13-0024462.17
25-117-23-44-0032247.15
34-117-23-24-0031523.99
33-117-23-21-0035386.14
33-117-23-21-0035386.14
33-117-23-12-0017435.68
33-117-23-33-0025435.68
25-117-23-32-0020462.17
36-117-23-14-0052456.95
32-117-23-14-0067726.78
33-117-23-31-00681,196.55
36-117-23-42-0018511.27
35-117-23-11-0064613.31
36-117-23-42-0012523.51
26-117-23-11-0045295.14
35-117-23-11-0063424.46
34-117-23-24-0022258.21
35-117-23-33-0025213.42
To be Certified$ 45,621.87
#7A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Approve Amendments to the 2040 Comprehensive Plan
Meeting Date: November 8, 2021
Prepared by: Marie Darling, Planning Director
Attachments: City Council Memo for October 25, 2021
Planning Commission Memo for October 5, 2021
Correspondence Received
Resolution
Copies of the 2040 Comprehensive Plan are available on the City’s website:
www.ci.shorewood.mn.us under Planning and Building/Comprehensive Plan
Background:
At the last meeting, the council took additional public testimony and discussed amendments to the
Comprehensive Plan to meet the direction from the Metropolitan Council regarding Shorewood’s share
of the anticipated regional growth between now and 2040, as well as other smaller amendments. City
Council took testimony, discussed the issues, but ultimately could not make a formal action to approve
all or part of the changes as approval requires a supermajority and only three Councilmembers were in
attendance.
Comments Offered by the Speakers:
Metropolitan Council: A couple of residents indicated that Shorewood was not obligated to fulfill any
requirements of the Metropolitan Council and as Shorewood is built out, there is no appropriate
locations for high density housing. Staff note that the Mixed-Use land use category was proposed to
allow for the anticipated development to be absorbed through redevelopment.
Population Growth: A resident indicated that the anticipated population growth is not significant, and
no additional density would be appropriate. Staff indicate that the Metropolitan Council requires the
City to provide opportunity areas where the City’s share of anticipated regional growth may be
absorbed.
Concern for High-Density Residential next door. A resident indicate that he is uncomfortable with the
amount of height and density that the Metropolitan Council showed on a photo. Staff responded that
the development shown in the photo (attached) is hundreds of units and is much higher than
anticipated on the shopping center property behind his home. Based on the size of the shopping center
site (3.41 acres), additional residential units on that property could be in the range of 20-51 dwellings,
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.
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depending on how much commercial space is proposed to be retained, how the additional housing
would impact the area in terms of traffic and other considerations.
Specific Properties: The property owner of 23445 Smithtown Road indicated that they were opposed to
the re-guiding of their property from Commercial to High-Density Residential. They expressed concerns
for limiting expansion of their business in the future as well as the appropriateness of high density
residential on the property.
Future of Shorewood: The property owner of 23400 and 23500 Smithtown suggested that the City
Council should think about the appropriate future uses for succession planning as the existing business
owners, like the dredging company, age. He asked the City council to think about what they want the
City to be in the future and what kind of redevelopment is appropriate for the properties and the area.
Financial or Budget Considerations: The City Council has previously budgeted funds for the
Comprehensive Plan Update to provide for the costs associated with developing the plan.
Recommendation / Action Requested: Staff recommends reviewing the public testimony and the
Planning Commission’s discussion, and determine if the approach proposed in each of the areas is
appropriate:
1. The area near County Road 41 and Hwy 7 (Mixed-Use)
2. The area near Hwy 7 and Old Market Road (Mixed-Use)
3. The area on both sides of Smithtown Road near the border with Excelsior (High-Density
Residential)
As well as the remainder of the changes.
Staff and the Planning Commission recommend adoption of the attached resolution approving the plan
subject to the Metropolitan Council’s review and comment pursuant to State Statute and authorizes
staff to submit the plan to the Metropolitan Council and the reviewing jurisdictions.
Potential Motion: Move to adopt the attached resolution approving amendments to the 2040
Comprehensive Plan and to forward the revisions to the Metropolitan Council for its review.
Approval of all or part of the amendments requires a super majority vote (4/5).
Next Steps: If the City Council approves some or all the proposed amendments, staff would forward the
amendments to the Metropolitan Council for their review.
#7F
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Approve Amendments to the 2040 Comprehensive Plan
Meeting Date: October 25, 2021
Prepared by: Marie Darling, Planning Director
Attachments: Planning Commission Memo for October 5, 2021
Correspondence Received
Resolution
Copies of the 2040 Comprehensive Plan are available on the City’s website:
www.ci.shorewood.mn.us under Planning and Building/Comprehensive Plan
Background:
In September of 2019, the City received comments from the Metropolitan Council regarding the City’s
2040 Comprehensive Plan. The Metropolitan Council held the City’s plan incomplete for several items.
Their most impactful comment related to the inadequate amount of land designated as five dwellings
per acre. In November of 2020, staff met with the City Council to discuss various approaches to increase
the density. Based on the information discussed at that meeting, staff brought changes to the
Comprehensive Plan to the Planning Commission at their October 5, 2021 meeting (Report attached).
At that meeting, about 50 residents were present, about a dozen spoke, and many letters were
received. The Planning Commission discussed the amendments proposed including the information
presented by staff, the City’s consultant and the public. They unanimously recommended approval of
the items but wanted the staff to present the City Council with options to protect commercial property
owners from the impacts of operating as legally nonconforming. Three commercial properties, 23400,
23425, and 23445 Smithtown Road (County Road 19), would eventually be nonconforming if the
changes to the land use plan were approved. The properties would need to be rezoned to be consistent
with the newly applied higher density land uses that were approved in the Comprehensive Plan.
Nonconforming Uses:
The planning commission requested options to protect the commercial properties so that the existing
uses could be allowed to continue indefinitely into the future as conforming uses. Staff have looked at
several options:
a. Keep all three properties as commercial land uses and include a paragraph discussion in the
text of the plan that high density could be considered as an option for the future. This
would not count as an opportunity area but could provide an indication of how the
properties could redevelop in the future.
b. Keep all three properties as commercial.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\\Planning\\Comprehensive Plan\\Comp Plan 2019\\Council Action\\21 10 25 CAF Adopt and Release to Metropolitan Council.docxS:\\Planning\\Comprehensive Plan\\Comp Plan 2019\\Council
Action\\19 06 10 CAF Adopt and Release to
Metropolitan Council.docx
Page 2
c. Amend the properties as future high-density land uses and amend the zoning ordinance to
either: 1) allow expansion of non-conforming uses with a conditional use permit or 2) allow
the existing commercial uses as interim uses in a high-density residential zoning district until
a specified trigger is reached.
d. Amend the properties to future high-density land uses and allow the uses to continue as
legally non-conforming uses.
Staff recommends either of the option a., b. or d., and finds either course of action in option c.
problematic. The goal of re-guiding the properties would be to transition them to other uses. If the City
Council decides that the need to keep these properties as commercial uses over residential uses, the
cleanest option would be to keep the properties guided for commercial uses.
As a further concern about option C, staff would remind the City Council that the zoning regulations
previously included flexibility for nonconforming uses by conditional use permits in the past. The City
lost several lawsuits over such language as they tried to fight unpleasant expansions. Staff finds it
prudent to avoid future entanglements with those situations altogether.
Other Issues Raised:
Protect the Shorewood Marina as an important means to allow lake access for those that do not live on
the lake. Staff indicated that the Shorewood Marina is already guided for residential uses and the
change to medium density would have no impact on the use of the property as a marina. It would
continue as a conforming land use within the L-R zoning district.
Re-guiding the properties around Smithtown and along the shore of Lake Minnetonka would not produce
affordable housing. Staff responded that the City is required to provide opportunity areas for affordable
housing which are defined as those areas allowed to develop at 8 units per acre or greater. The City is
not obligated to provide or build such apartments and is not punished if the opportunity areas are not
constructed by 2040.
Access to 23400 Smithtown Lane for redevelopment should not occur via Lake Street. The speaker was
concerned about redeveloping the dredging company for housing as the only public street frontage in
on Lake Street, which would be inadequate for the increase in traffic. Staff respond that the applicant
for redevelopment would need to resolve the access issues prior to approval of any redevelopment of
the site.
Areas where Mixed Use is applied as the future land use are both problematic traffic areas. Staff
responded that that concern is written into the Comprehensive Plan and any future PUD amendments
would be required to show that the new development would mitigate traffic issues, fit within the goals
Page 3
and policies of the city, and be developed in a manner that is consistent with the character of the
immediate vicinity.
Why does the Metropolitan Council want to encourage more density when the population is declining?
The population in the Metro area is not declining, it is growing and is projected to continue to grow
through 2040. The city’s consultant responded that the Metropolitan Council’s goal is to decentralize
density and encourage growth to occur in areas that are adequately planned to accommodate it in
terms of regional infrastructure like sewer, roads, parks, etc.
Has the Metropolitan Council taken into account other multiple family developments elsewhere in the
area or the new units in the Minnetonka Country Club? Staff responded that the new apartment
building constructed in Tonka Bay satisfied Tonka Bay’s requirement, not Shorewood’s. The Minnetonka
Country Club is too low a density to satisfy the requirement for new housing at five units per acre or
greater.
What would a 30 dwelling per acre apartment building look like? A resident was concerned as he had
found a photo on the Metropolitan Council’s website of a dense development that said it was 28 units
per acre (attached). Staff recognized the photo as a Bloomington development and contacted one of
the city planners that worked on it. The Bloomington planner indicated the photos shows a high-density
residential development with over 60 units per acre, not 28 as labeled. The Bloomington planner was
not sure why the Metropolitan Council labeled it as 28 units per acre, unless they included acreage
developed with a hotel, strip retail and a grocery store on it as well as the land with the apartments.
Although some city’s do allow double counting, Shorewood’s Comprehensive Plan was not drafted to
allow the total acreage on the site to be used in calculating density.
Traffic Issues at Eureka and Highway 7. A resident submitted a letter with a concern for the proposed
re-guiding at 25485 Highway 7 from Minimum density residential (.1 to 1 dwelling per acre) to Low
Density residential (1-2 dwellings per acre) due to traffic issues at that location. Staff notes that the
proposed change would allow one additional dwelling at that location, which would be a negligible
increase.
Phase that the Comprehensive Review is in. A resident asked what phase the review of the
comprehensive plan is in.
The Comprehensive Plan review started in 2017 and a number of open houses were held then
and a community survey was also done.
The body of the Comprehensive Plan was drafted and released to the other applicable
jurisdictions for their six-month comment period.
All comments were reviewed and incorporated where necessary.
Page 4
In 2019, the Comprehensive Plan was reviewed by the public at a public hearing at the Planning
Commission and adopted by the City Council.
Shortly thereafter, it was submitted to the Metropolitan Council.
In July of 2019, the City of Shorewood received an incomplete notice of from the Metropolitan
Council with a list of items to correct.
In November of 2019, the mayor and staff met with the City’s Metropolitan Council
representative and staff to discuss options for the plan.
Staff and the consultants met and discussed options for the Comprehensive Plan and presented
a few options to the City Council at a work session in November of 2020.
A second public hearing was held on October 5, 2021 at the Planning Commission.
The remaining process to complete the Comprehensive Plan includes:
o Gain approval for the amendments by the City Council
o Provide notice of the amendments to the surrounding jurisdictions and other reviewing
jurisdictions.
o Resubmit the plan to the Metropolitan Council and allow them to complete their
review.
Financial or Budget Considerations: The City Council has previous budgeted funds for the
Comprehensive Plan Update to provide for the costs associated with developing the plan.
Recommendation / Action Requested: Staff recommends reviewing the public testimony and the
Planning Commission’s discussion, and discuss the approach proposed in each of the areas:
1. The area near County Road 41 and Hwy 7 (Mixed Use)
2. The area near Hwy 7 and Old Market Road (Mixed Use)
3. The area on both sides of Smithtown Road near the border with Excelsior (High Density)
Staff and the Planning Commission recommend adoption of the attached resolution approving the plan
subject to the Metropolitan Council’s review and comment pursuant to State Statute and authorizes
staff to submit the plan to the Metropolitan Council and the reviewing jurisdictions.
Action on this item requires a simple majority vote.
#2
MEETING TYPE
Worksession
City of Shorewood Council Meeting Item
Title / Subject: 2040 Comprehensive Plan Discussion
Meeting Date: November 23, 2020
Prepared by: Marie Darling, Planning Director
Attachments: NAC Response Letter to Metropolitan Council
Strikeout/Underscore Version of Land Use Chapter
Final Draft Version of Land Use Chapter
A copy of the 2040 Comprehensive Plan sent to the Metropolitan Council last summer is available on the
City’s website
Background:
The City’s consultants have finalized the revisions necessary to resubmit the Plan to the Metropolitan
Council. For most of the revisions, the changes are minor; and staff did not include a full copy of the
plan for your review this evening. The most significant changes to the Comprehensive Plan were made
to the land use chapter, with those changes repeated in the housing chapter. Due to the length of the
Chapters and the amount of repetition, staff did not include the housing chapter language in your
packet this evening.
The significant changes to the land use chapter include amending the land use map and the text in the
following areas per the previous Council direction:
19905 State Highway 7: A paragraph was added within the text of the land use chapter indicating
that this site is a mixed-use site. (P. 115 of the strikeout/underscore version of the land use chapter)
23400, 23425 and 23445 Smithtown Road were changed from Commercial to High Density
Residential
Changes to the tables throughout the chapter to be consistent with the land use map.
The Metropolitan Council’s direction was to add enough locations to produce 155 dwelling units and 48
units of affordable housing. Both need to be at a density of 5 units per acre or greater.
Using the Metropolitan Council’s calculations, these sites, plus other properties classified for a density
over five units to the acre would produce 95 of the required dwellings including 30 of the required 48
affordable housing units. In a meeting held between the Mayor, City Staff and the Metropolitan Council
staff and appoint representative, the Met Council staff also told the City that the city could be complete
but not compliant in this regard. However, staff could also include the Shopping Center at Hwys 41 and
7 as a mixed-use site, which would bring the numbers even closer to meeting the requirements.
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.
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Page 2
Staff would like direction on the following:
1. Are the changes that were directed by Council adequate as shown on the map? Or should staff
include the shopping center property at Hwys 41 and 7 as mixed use to approach the original
direction of the Metropolitan Council?
2. Level of review with the public: The changes to the land use map are not required to be
reviewed again by the public. However, they are substantial changes and staff recommends
allowing some public notice and public comment, even if it is a generic notice regarding the
review of the final document changes. Notice also could include the City of Excelsior, residents
within 500 feet of the affected properties, etc.
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, NOVEMBER 23, 2020 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Zerby called the meeting to order at 6:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City
Administrator Lerud; Planning Director Darling; Director of Public Works Brown;
City Engineer Budde, and Nate Sparks, Northwest Associated Consultants (NAC)
Absent: None
B. Review and Adopt Agenda
Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote:
Ayes – all. Motion passed 5/0.
2. Comprehensive Plan Discussion
Planning Director Darling explained that the City’s consultants have finalized the revisions needed
in the 2040 Comprehensive Plan. She stated that most of the changes are relatively minor. She
stated that staff wanted to have one more informal meeting to discuss the more substantive
changes needed in the Land Use map. She stated that the Met Council had sent back the
Comprehensive Plan to the City stating that there needed to be more opportunities to produce
one hundred fifty-five more dwelling units including more opportunities to provide forty-eight more
units of affordable housing. She noted that the City already held public hearings on the
Comprehensive Plan, however there will be changes made to the Land Use map, which infers
some property rights. She stated that she feels it may be appropriate to notify property owners
within five hundred feet of the properties proposed as changes and staff will also meet individually
with the property owners. She noted that staff is looking for direction from Council on whether
they would like them to hold a full public hearing at the Planning Commission or if bringing the
changes to the December 14, 2020 Council meeting would be adequate.
Nate Sparks, NAC, gave an overview of the information included in the Comprehensive Plan and
explained how the City made the calculations. He gave a brief explanation of the staging plan
and noted the possibility of certain areas being designated as mixed use in order to come up to
the numbers determined by the Met Council. He stated that some of these areas could be
included but the likelihood of them actually being developed is questionable because some of
them are fairly successful business areas where the economic incentive for this is not necessarily
present. He reviewed the proposed changes in the Comprehensive Plan surrounding affordable
housing.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
NOVEMBER 23, 2020
Page 2 of 4
Councilmember Johnson noted that he is inclined to include parcels seven and forty-one as mixed
use. He stated that he would support taking out the Shorewood Yacht Club property as well as
the ones across Smithtown.
Planning Director Darling noted that the parcel shown is the dredging company.
Councilmember Siakel stated that she thinks it makes the most sense to put the most density
along corridors. She asked about the businesses off of Vine Hill Road and asked if that was
considered mixed use.
Councilmember Johnson stated that he believes that this is mixed use and would consider from
Valvoline to Holiday as potential mixed use.
Mayor Zerby stated that he would go further to the self-storage facilities.
The Council discussed the issues related to access for the dredging company.
Councilmember Johnson stated that he would like to clear up the border issues with Excelsior
and then revisit this topic.
Councilmember Labadie stated that she would agree with Councilmember Johnson and asked
Planning Director Darling for her opinion.
Planning Director Darling stated that the reason the dredging company was originally included
was because the property owner is interested in redeveloping it for residential uses and have
been softly marketing the property.
Councilmember Labadie asked if that would cause issues with the neighboring property that is
divided between two cities.
Planning Director Darling explained that the complication would be more of a social complication
rather than a land use complication.
Mayor Zerby noted that this is a long-range plan and not for the next year or two. He stated that
he thinks this is a City-wide topic and deserves public input. He stated that he would propose a
public hearing at the Planning Commission and invite residents to give their input.
Councilmember Sundberg stated that she agreed and asked if the resident comments would be
shared with the Met Council.
Planning Director Darling stated that her understanding is that if it is a public meeting, the
comments have to be shared with Met Council.
Councilmember Sundberg stated that she thinks it would be good for the Met Council to get the
public comments.
Councilmember Siakel stated that she disagreed about holding a public hearing, because this has
already been provided to the public and there has not been much feedback surrounding
redevelopment. She stated that the City rarely has anybody give feedback and the
Comprehensive Plan is usually used as a reference to prevent change or as opposition to a
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
NOVEMBER 23, 2020
Page 3 of 4
development. She stated that she thinks a public hearing at the Planning Commission will create
more work for staff with the ultimate result being the same as if they had not held the public
hearing. She stated that she is comfortable moving forward at a Council meeting.
Mayor Zerby stated that he disagreed because the information being reviewed tonight is new and
the public has not seen this yet.
Councilmember Siakel reiterated that she does not think the results will be any different.
Councilmember Labadie stated that she agreed with both Mayor Zerby and Councilmember
Siakel. She stated that she does not think the result will be any different, but feels the right thing
to do is to make the process transparent and give people the opportunity to give feedback.
Councilmember Sundberg stated that she does not see any harm in proceeding with a public
hearing.
Councilmember Johnson suggested that Planning Director Darling put a blurb in the newsletter.
He asked if the Council wants to consider adding the adjacent parcels along the Highway 7
corridor and noted that including these properties may get the City where they need to be
according to the Met Council.
Mayor Zerby stated that he does not like the phrase “need to be” and noted that the City has
spoken with the Met Council who indicated that it would be all right if the City submitted a proposal
that did not meet all of their requirements. He stated that he thinks the numbers are a bit arbitrary
and thinks the City does not need to strive to get where it “needs to be”, but just to do the right
thing.
Councilmember Johnson stated that when he drives by that area, he thinks it would be a great
place for a restaurant with some apartments above.
Mayor Zerby stated that he would agree, but feels the intersections need to be examined more
thoroughly.
Planning Director Darling asked if the Council would like staff to add a ‘Mixed Use’ category and
include them on the map or just continue keeping them in the text of the document.
Mr. Sparks stated that if the City created something that allowed mixed use in commercial areas,
it would meet what the Met Council says the parameters are for the City. He stated that they
would also define what the City considers mixed use and could potentially reject sites that don’t
work because of transportation or access issues. He noted that there are both vertical and
horizontal options for mixed use and gave examples of horizontal mixed-use projects in the City
of Mound.
Councilmember Johnson stated that he would support that idea.
Mayor Zerby stated that he likes the idea of adding a percentage to the amount of commercial
and residential allowed as suggested by Mr. Sparks.
Councilmember Johnson asked if there was a conclusion around including the dredging company.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
NOVEMBER 23, 2020
Page 4 of 4
There was Consensus from the Council to include the dredging company.
Planning Director Darling asked if the Council was comfortable including the Garden Patch site
and the small storage building.
There was Consensus of the Council to include those locations.
3. ADJOURN
Johnson moved, Sundberg seconded, Adjourning the City Council Work Session Meeting
of November 23, 2020, at 6:36 P.M. Roll Call Vote: Ayes – all. Motion passed 5/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM
TO: Shorewood Planning Commission and City Council
FROM: Nate Sparks, Consulting Planner
DATE: July 29, 2021
RE: Shorewood - 2040 Comprehensive Plan
BACKGROUND
Based on Metropolitan Council comments, a revised version of the Land Use Plan
chapter of the draft plan was created for review. The City Council reviewed the
revisions at the November 23, 2020 work session. Based on the discussion at the work
session, some minor modifications were made to meet the remaining requirements from
the Metropolitan Council.
PLAN CHANGES
The Land Use Plan was slightly adjusted to include specific parcels that are identified
for potential future development and the minimum number of housing units that can be
provided (Pages 122-123).
Some of the parcels are commercial in nature being reclassified as residential. Others
are residential but have the land area and capacity for new development. These
properties provide for new units that can be used to come close to meeting the required
forecasts.
Additionally, there was a new land use designation added to the plan, called
“Commercial-Mixed Use.” This designation allows for the potential introduction of
housing units to certain specified commercial areas. This allowed for the plan to
provide the number of units and density required by the Metropolitan Council.
The Metropolitan Council requested that the City provide 155 new units of housing at 5
units per acre. The plan now meets these standards.
The Metropolitan Council also requested that the City provide 48 units at a minimum of
8 units per acre to qualify as meeting the affordable housing requirements. With the
provided areas of high density and mixed use, the plan now meets this standard.
RESPONSE TO MET COUNCIL
The following is a summary of stated “required information” (necessary in order to deem
the Plan complete) as well as a City response which describes the changes which have
been made to the updated version of the Comprehensive Plan or provides related
comments.
WASTEWATER
The City must include a copy or copies of intercommunity service agreements
entered into with an adjoining community, or language that confirms the Council’s
understanding that the communities reimburse each other for the municipal
wastewater charges that each will occur by receiving flow from the adjacent
community; including a map of areas covered by the agreement.
Response. The agreements will be attached as Appendix G to the plan. The plan
will reference reimbursement policies between the cities.
TRANSPORTATION
Transit. The Plan must be revised to include a full description of Shorewood’s
Transit Market Areas (TMA), which include both TMA 4 and TMA 5, which includes
the portion of the City west of Eureka Road.
Response. The Transportation Section is updated to include references to all
Transit Market Areas in the City on page 180.
Advisory Comment
The Plan should include reference to Metro Mobility or Transit Link in the transit
section. Both are available in Shorewood, and the document should directly mention
these dial-a-ride services.
Response. The two dial-a-ride services mentioned above have been referenced in
the Transit section of the Plan on page 180.
Bicycling and Walking. The Tier 1 and 2 Regional Bicycle and Transportation
Network (RBTN) corridors / alignments must be mapped in the Plan. The RBTN
could be added to the local park and trail system map or provided in a separate map
identifying the. The RBTN GIS file can be located here:
https://gisdata.mn.gov/dataset/us-mn-state-metc-trans-regional-bike-trans-netwrk.
2
Response. The proper Regional Bicycle and Transportation Network
corridors/alignments are illustrated on the updated Regional Parks and Trails map
on page 46.
PARKS
The Plan must describe, map and label the Lake Independence Extension Regional
Trail Search Corridor. A description of the Lake Independence Extension Regional
Trail Search Corridor is available on page 34 of Shorewood’s 2015 System
Statement, and available online at:
https://metrocouncil.org/Communities/Planning/Local-Planning-Assistance/System-
Statements/System-Statements/02395877_Shorewood_2015SS.aspx.
A map of the Regional Parks System in the City, including the regional trail search
corridor, appears on page 36 of Shorewood’s System Statement.
City Response. The Regional Parks System map (prepared by the Metropolitan
Council) which includes the Lake Independence Extension Regional Trail Search
Corridor has been added to the Plan as a new map which illustrates regional Parks
and trails in both the City of Shorewood and surrounding areas on page 46.
The Plan must also include a capital improvement program for parks and open
space facilities as part of the implementation section.
City Response. The City’s capital improvement program, which includes specific
programs for parks and open space has been attached to the Plan as Appendix C.
FORECASTS
The Land Use Chapter must include an analysis specifying what quantities of land
will be developed over the next two decades, and at what densities. While the Plan
includes a map of vacant and undeveloped land supply, estimated at 202 acres,
there is not enough information in the Plan to determine that the land supply
accommodates the growth forecast (155 additional households during 2018-2040).
A housing capacity and staging table needs to be added to the Plan.
City Response. The staging plan is on Page 123 depicting the number of units
provided. Pages 122-123 depict the specific parcels with the future units associated.
The Council requires some measure of employment-bearing land use intensity for
commercial and industrial land uses to be added to the Plan. Acceptable
measurements of intensity include Floor Area Ratio (FAR), or building footprint
coverage, or jobs per acre, or setback and height restrictions. Any of these would
meet the requirement of measuring of employment-bearing land use intensity.
3
City Response. The City is not increasing the commercial and industrial properties
within the plan, as the City is currently meeting the employment forecasts.
Advisory Comments
Council staff find that recent employment growth and population growth have
significantly exceeded what was expected in the current decade. The City can
request that the employment numbers be increased with the Plan update. Council
staff recommend adding +200, +300, and +400 population respectively to each of
the 2020, 2030, and 2040 forecasts. The households number can remain as is.
Further, we recommend resetting the employment forecast to 1,600 jobs for each of
the future forecast years; Shorewood reached 1,600 jobs in 2018.
Shorewood
Census Previous Council Estimates Council staff
Forecasts recommendation
2010 2020 2030 2040 2018 2020 2030 2040
Population 7307 7400 7500 7600 7693 7600 7800 8000
Households 2658 2800 2910 3000 2845 2800 2910 3000
Employment 1113 1300 1340 1400 1600 1600 1600 1600
Response. The City accepts the revised forecasts and uses these assumptions in
the revised version of the Land Use Plan.
LAND USE
Community Designation. The Plan must include a map acknowledging the City’s
regional Community Designation as Suburban. The Plan does acknowledge the
overall density expectations for Suburban Communities at five units per acre, but the
Community Designation Map is not included. The map is available on the City’s
Community Page of the Local Planning Handbook.
Response. The Community Designation map has been added to the Plan on
page 111.
Existing Land Use. The Existing Land Use table states 2016 land uses and the
Existing Land Use map states 2017 land uses. This information must be consistent.
4
Response. The Existing Land Use table has been modified to be convey 2017
information such that the table and map are consistent and is included on page
127.
Right-of-way is included on the table and not in the map legend. This information
must be represented consistently.
Response. Right-of-way has been added to the legends on both the Existing
Land Use map and the Land Use Plan on pages 116-117.
Future Land Use
Land use categories must include types of allowed uses and include a description of
allowable housing types such as single family, detached, duplexes, townhomes, etc.
Response. The land use categories in the previously submitted version of the
Plan and the revised Plan both reference types of allowable uses and housing
types. Further clarification of this has been added on pages 118-120.
The Plan must address missing information or resolve inconsistencies within the
Plan regarding the density ranges for planned land uses.
Response. This has been included in the revised Land Use Plan. There are no
longer inconsistencies. It may be found on pages 118-120
The Plan should provide a table of identified redevelopment or new development
areas that includes future land uses, acreages, density ranges, and total residential
units in 10-year increments.
o The narrative describes areas that could be developed for residential or a
mix of uses and also need to identify a timeframe.
o The narrative describes areas for potential high-density residential
development and needs to assign a timeframe and depict these areas on
a map.
Response. A table with staging has been added to the revised Land Use Plan
on page 123.
For mixed used districts, the Plan must include estimates of the percentage of land
that would be used as residential.
5
o These percentages should reflect the Plan’s flexibility in defining mixed
use districts as either vertical mixed use (e.g., 100% residential with
integrated non-residential uses) or some combination of a horizontal mix
of uses (e.g., 50% of parcels developed as residential).
o For example, the narrative describes two areas that could be developed
with a mix of uses on page 114. The section should include the share and
density ranges for those uses.
Response. The description of the Commercial Mixed Use designation can be
found on page 120.
Advisory Comment
Staff encourages the City to develop a table that simplifies and clarifies the future
land use analysis and policy, and one that would fulfill the Plan requirements.
Information could be added to the Existing and Proposed Land Uses table on page
120. These elements include the following:
o Guiding land use
o Acreage anticipated to develop
o % of land anticipated to develop as residential
o Timeframe (e.g., 2021-2030)
Response. A revised land use table is included with a diagram showing parcels
included for meeting the forecasts and is on pages 122-123.
Density Calculations
More information is needed to determine the average net residential density for the
City. The Plan must Identify where forecasted residential growth will happen on the
Future Land Use Map or a separate map showing expected new development and
re-developed areas and focusing on areas of change. Show which planned land
uses have changed from the City’s previously approved plan and where new land
uses (change or development intensity) are planned/expected. This information
must match the future land use table recommended above.
Response. This has been included in the revised Land Use Plan. The City is
delivering new development at the required levels (over 5 units per acre) as
demonstrated on page 123.
Staged Development and Redevelopment
A staging table noting the number of acres potentially available for development
within each 10-year planning period must be included in order to clarify the City’s
6
ability to meet the minimum required density for a Suburban Community of five units
per acre.
Response. A staging plan is included on page 123.
Identify potential local infrastructure impacts for each 10-year increment.
Response. The plan has been revised to account for this on page 169.
Demonstrate that the City is capable of providing services and facilities that
accommodate its planned growth in the included a capital improvement plan or
similar document.
Response. The capital improvement plan is attached as Appendix C.
The staging plan or likely development phasing must be consistent with the volume
of anticipated sewer flow identified in the City’s Local Comprehensive Sewer Plan.
Response. This is revised in the Sewer Plan on page 194.
HOUSING
Existing Housing Need
Plans must provide the number of existing housing units that are affordable within
each of the three bands of affordability (less than 30% Area Median Income (AMI),
31-50% AMI, and 51-80% AMI).
Response. The number of housing units for the three bands of affordability have
been added to the Housing Plan on page 137.
Plans must state the number of publicly subsidized or income-restricted housing
units available within the City, even if that number is zero.
Response. The number of publicly subsidized or income-restricted housing
units available within the City, has been added to the Housing Plan on page 136.
Plans must provide the number of existing households that are housing cost
burdened within each of the three bands of affordability.
Response. The number of existing households that are housing cost burdened
within each of the three bands of affordability have been indicated in the Housing
Plan on page 136.
7
Maintenance and senior housing options have been identified as existing housing
needs. Once the missing data is provided, the Plan should consider if they reveal
any additional existing housing needs. Once existing housing needs are clearly
stated, a description of all widely recognized tools Shorewood would consider using
to address those needs, and in what circumstances, is required for the Plan to be
complete.
Response. Within the Housing Plan, the description of housing tools has
expanded in a manner similar to the example provided by the Metropolitan
Council on pages 140-145.
Projected Housing Need
Land guided to address Shorewood’s 2021-2030 allocation of affordable housing is
not sufficiently described for review. A staging table noting the number of acres
available or likely to develop within the Medium Density Residential and the High
Density Residential land uses in the 2021 decade is necessary to determine if
sufficient land is guided to address Shorewood’s allocation.
Response. As explained on page 137, the City is providing the affordable
housing units in a manner consistent with regional policy.
Implementation Plan
The Plan must describe and provide policy direction on what available housing tools
it is likely or unlikely to use with respect to identified housing needs. As a reminder,
housing needs include those identified through the existing housing assessment
narrative and the affordable units allocated between 2021 and 2030. This includes
tools that are not locally controlled but require local support, application or
administration to be successfully used. Tools mentioned by the Plan that don’t
adequately describe the circumstances of their use include:
o Tax Increment Financing
o Hennepin County’s Affordable Housing Incentive Fund (AHIF)
o Hennepin County HOME funds
Referring to the Local Planning Handbook’s list of recognized housing tools does not
meet the requirement to describe and consider available housing tools to meet
identified housing needs. As a reminder, housing needs include those identified
through the existing housing assessment narrative and the affordable units allocated
between 2021 and 2030. Tools not mentioned in the Plan include:
o Tax Abatement
o Housing bonds
8
o Fair Housing Policy
o Participation in housing-related organizations, partnerships, and initiatives
(basically committing to ongoing education about housing tools available
to meet housing needs)
o City support or direct application to specific resources within the
Consolidated RFP put out by Minnesota Housing
o Preservation of naturally occurring affordable housing, including
partnership with Homes Within Reach to create land trust homes in
Shorewood, local 4d tax incentives, Housing Improvement Areas, and
promoting/supporting/applying for resources to preserve naturally
occurring affordable housing such as MN Housing, Greater Minnesota
Housing Fund’s NOAH Impact Fund, and others.
Staff has provided an example of another community’s housing implementation table
that meets the requirements of the Metropolitan Land Planning Act and is consistent
with Council housing policy, in case it is helpful.
Response. As previously indicated, a description of housing tools is provided in
the Housing Plan. The description is presented in a manner similar to that
provided by the Metropolitan Council on pages 140-145.
Advisory Comment
Both pages 74 and 137 include policy direction to encourage owner-occupied
housing. This policy could be considered exclusionary. Council staff encourage the
City to consult with their attorney to consider if this statement leaves the City
vulnerable to a Fair Housing complaint under the Fair Housing Act.
Response. These comments were removed.
WATER SUPPLY
The City must attach the final local water supply plan template, as submitted to
DNR, as an attachment to the Plan so that all components of the Plan are accessible
together.
Response. The plan has been attached as Appendix E.
COMMUNITY WATEWATER AND SUBSURFACE SEWAGE TREATMENT SYSTEMS
The Plan indicates that there are four individual SSTS and no public or privately-
owned Community Wastewater Treatment Systems in operation in the City. Text on
page 52 of the Plan states that SSTS locations “are shown on the map on the
following page” of the document, however a map depicting the locations of operating
9
SSTS in the City was not found in the Plan. The Plan needs to be revised to contain
the referenced map.
Response. The ISTS map has been inserted into the Plan on page 56.
The Hennepin County Plan indicates that the City has delegated the responsibility of
permitting, inspection, maintenance management, and compliance enforcement of
remaining SSTS in the City in accordance with Hennepin County Ordinance 19. The
Plan is silent on this issue and needs to have text added to the Plan to either confirm
that the County actively oversees the City’s SSTS program, or detail how the City
oversees its SSTS maintenance management program.
Response. This has been included on page 55.
AGGREGATE RESOURCES
The Plan is silent on the presence of aggregate resources in the City. The Council’s
aggregate resources inventory information contained in Minnesota Geological
Survey Information Circular 46 indicates there are no known viable aggregate
resource deposits available for extraction within the City. The Plan needs to be
revised to include this information.
Response. Plan has been revised to state that there are no known viable
aggregate resource deposits available for extraction within the City on page 18.
IMPLEMENTATION
Define a timeline as to when actions will be taken to implement each required
element of the Plan.
Response. This has been included beginning on page 233.
The Plan must include a Capital Improvement Program (CIP) for transportation,
sewers, parks, water supply, and open space facilities. Specify the timing and
sequence of major local public investments.
Response. The City’s capital improvement program, which includes specific
programs for parks and open space has been attached to the Plan as Appendix
C.
The CIP must align with development staging identified in other parts of the Plan and
include budgets and expenditure schedules.
10
Response. This has been included as Appendix C.
Include your local zoning map and zoning category descriptions. Identify what
changes are needed to ensure zoning is not in conflict with the new land use plan
and consistent with regional system plans and policies.
Response. The City’s zoning map and zoning district descriptions have been
inserted into the Plan, followed by the zoning map. This is found on pages 22-
26.
REQUESTED ACTION
City Officials need to review the plan changes and direct Staff to resubmit the plan for
final approval.
11
Marie Darling
From:Kurt <khwehrmann@gmail.com>
Sent:Monday, September 27, 2021 6:54 PM
To:Planning
Cc:Kristi Luger
Subject:Land use changes 23400/23500 Smithtown Road
Comments for the October 5, 2021 Shorewood Planning Commission Meeting
RE: Parcels 23400/23500 Smithtown Road
I am all for growth and higher density if it is planned well. However, I am very concerned about the existing
access to West Lake Street from 23400 Smithtown Road.
Prior to granting density changes two things must happen. The first is creating access for these properties
directly to County Road 19. The second is closing the current access to West Lake Street
indefinitely. Furthermore, the City of Shorewood, Metropolitan Council and the City of Excelsior need to
ensure that the responsibility of both creating the County Road 19 access and closure of the West Lake Street
access are in place in order to remove this burden from anyone who owns or develops this land.
Your time is appreciated.
Kurt
Kurt Wehrmann
444 West Lake Street
Excelsior, MN 55331-1749
iPhone: 612-968-6200
KHWehrmann@gmail.com
1
Marie Darling
From:a q <anna.quady@gmail.com>
Sent:Sunday, October 24, 2021 9:35 AM
To:Marie Darling
Cc:Emma Notermann
Subject:Re: Land use of Commercial/Lakeshore Rec properties on Smithtown Road
Hi Marie,
Thank you for your response, it is a relief to hear that about the wetlands.
I do see that the other two areas are proposed; I still think this is a concentration rather than a distribution. It’s being
concentrated in a commercial/busy area rather than distributed among already residential areas, of which Shorewood is
primarily composed. This would create even more traffic congestion.
To meet the Met Council’s requirement of 155 dwellings at 5+/acre and 48 at 8+/acre some rezoning of current single
family residential could also meet the need. If a small quarter acre lot is zoned high density (8-20 units/acre), then that
could hold a duplex. A half acre lot could hold a triplex, etc. These could fit nicely within current neighborhoods without
adding traffic. Rezoning 24 quarter acre lots for duplexes and 51 half acre lots for triplexes would meet the requirement.
There would likely be people would volunteer to have their lots re-zoned, as changing a single family to a duplex/triplex
could be a good investment. The increase in value from additional housing would go to the residents who currently own
property rather than just the LLCs that own these properties.
Best of luck,
Anna
On Oct 7, 2021, at 12:35 PM, Marie Darling <MDarling@ci.shorewood.mn.us> wrote:
Thanks for your very thoughtful comments, Anna. I did have a typo in the letter, and I apologize for
th
it. The letter needed to be received by October 5 to be reviewed by the Planning Commission before
their meeting. However, your comments will be provided to the City Council so that they have them
when they meet to discuss the issues on October 25, 2021.
Just a few points of clarifying information:
1. This is not the only area that is proposed for higher density housing. Two other areas are also
proposed – the Shopping Center at Hwy 7 and Old Market and the Shopping Center at Hwy 7
and CR 41. The difference being that we are proposing a new mixed use land use category for
those areas.
2. The wetlands are not in danger. They are protected by the Wetland Conservation Act.
Again, thanks for your comments.
Marie Darling
Planning Director
952-960-7912
1
mdarling@ci.shorewood.mn.us
City of Shorewood
5755 Country Club Road
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.
<image001.jpg>
www.ci.shorewood.mn.us
From: a q <anna.quady@gmail.com>
Sent: Thursday, October 7, 2021 11:57 AM
To: Planning <planning@ci.shorewood.mn.us>
Subject: Land use of Commercial/Lakeshore Rec properties on Smithtown Road
Greetings, I’m Anna Quady at 23675 Smithtown Road. I live several lots west of what would be the
proposed affected parcels.
The mailer said you’d accept comments by Oct 7 at 4:00 PM. This is after the planning council meeting,
so I hope this is right.
This change would have a pretty big impact on me since I am very close, and I frequent the commercial
properties that are already there. Adding “Middle” housing (medium/high density) could be a good
opportunity for Shorewood if done well.
I request that you consider spreading these density changes out more across the currently zoned
single-family areas, and cultivate the walkability and commercial property in Shorewood to decrease
traffic and increase property values.
1. CONCENTRATION OF HIGH DENSITY HOUSING IN ONE AREA IS BAD- Right now the proposals are to
concentrate this med/high density housing into a couple small areas. This is the exact opposite of what
the Met Council is trying to do on a regional scale! They are trying to go from the concentrated high
density to spreading it out across the suburbs. Let’s take that thought and apply it to Shorewood as well.
Intersperse it within the large swaths of single family housing, of which Shorewood is primarily
composed. If there are zoning issues in doing this we need to change the zoning policies. We can’t
control what the Met Council requires, but we can control our policies, and they should work for us, not
against us. Let’s take the time to do this in the best way possible and not create more of the same
problems that the Met Council is now trying to correct.
Some of the logic behind these spots that were chosen is that they are on busy roads - like it’s ok to
make them busier and more dangerous. Again, let’s spread the traffic out to quieter areas instead of
concentrating it. The Smithtown road properties are located on a curve in the road where increased
traffic would make the road even more crazy and dangerous, and the more places that are developed,
the worse it would be.
2. PRESERVATION OF RARE COMMERCIAL PROPERTY, LIMiTED LAKESHORE AND WETLANDS - Right now
there is very little commercial property in Shorewood. There should be more, not less. Everyone should
2
be able to walk/bike to a commercial area. The commercial properties that are currently there should be
recognized as the treasures they are. On the Existing Land Use Map - page 25 on the comprehensive
plan, there are parcels of land that are zoned single family but currently don’t have anything on
them. Please consider these instead of all of the current commercial properties. This would not displace
anything that is already there, and already an asset to the community.
23500 is the only Lakeshore/Recreational zoned place in Shorewood, and is also a wetland. This is an
important cleaner for Lake Minnetonka. According to the Minnehaha Watershed District maps, all of the
runoff, pet waste, pesticides, fertilizer, road pollution from the neighborhood between Minnetonka
Drive and 19 goes into a pond, which then goes through a culvert to this wetland. These small wetlands
are really important filters for the lake, and help keep it clean. If Lake Minnetonka is considered one of
Shorewood’s assets, than this should be considered a way to protect this asset. A building where the
wetland used to be would be a double whammy, it would remove an important filter for Minnetonka,
and would create more pollution that goes directly into the lake. Plus it’s really beautiful, and a pleasure
to walk past on the trail. Preserve this rare parcel!
3. WALKABILITY - Medium/high density housing, when mixed with commercial, can be really good, and
create healthy, thriving, safe neighborhoods when done well. You see this a lot in European cities,
where people live in medium/high density cities and can walk or bike to cafés, grocery stores, shops,
schools etc. Unfortunately in the US this is not very common. High density it is often poorly done. In
part because developers have to fight so hard to get something approved that they build something as
extreme as they can to make a profit. No thought is put into walkability, everything becomes uglier,
worse for the environment, and more dangerous for drivers, pedestrians and bikers. Which people hate
and then fight really hard against. It’s a vicious cycle.
For example - I think a yacht club that also had places to live would be unique and interesting and would
increase Shorewood's value as a city, while still maintaining the yacht club. It’d be on the trail and
walkable to lots of places, but it seems like current zoning and land-use would not even make this
possible. This goes back to my point in #1, if we have to make changes to zoning policies, let’s do that to
create the city we want!
People love to be able to walk or bike places, but it’s not at the forefront of people’s minds because we
are so used to needing cars. But walkability greatly increases property values, and if you build it, they
will walk (or bike). Shorewood, like most suburbs, is car-dependent. Excelsior is somewhat an exception
to this, which we could leverage by extending walkability around Shorewood and into Excelsior. One of
the intense concerns people have with development is the impact on traffic. If we cultivated walkability
in Shorewood neighborhoods, this could somewhat alleviate that issue.
I can and do walk to Excelsior almost every day to do grocery shopping, library, etc. but I almost never
walk to the commercial area in Tonka Bay because, although it is the same distance, I would have to go
along 19 which is horrible and dangerous. I rarely use my car and the more people that are able to do
this because they live within walking/biking distance with good infrastructure, the better, and some of
these concerns about traffic could be alleviated. I foresee this is that is going to have to take place in the
future. We will have to become less dependent on cars for climate reasons.
Thank you for your consideration. I love Shorewood and I have faith that it can remain a great place to
live and we can make it even better. I welcome any comments, questions or thoughts you may have.
Best regards,
Anna Quady
3
RESOLUTION 21-125
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING AMENDMENTS TO THE
2040 SHOREWOOD COMPREHENSIVE PLAN AND AUTHORIZING
SUBMISSION OF THE AMENDED PLAN TO THE METROPOLITAN COUNCIL
WHEREAS, the City of Shorewood is a municipal corporation organized and existing
under the laws of Minnesota; and
WHEREAS, the City of Shorewood is required by Minnesota Statutes and the Metropolitan
Council to adopt and update its Comprehensive Plan on a periodic basis; and
WHEREAS, the City of Shorewood has prepared a draft Comprehensive Plan intended
to meet the requirements imposed by Minnesota Statutes 473.864 and the Metropolitan
Council’s guidelines; and
WHEREAS, the City conducted a public hearing on October 30, 2018 relative to the
adoption of the Comprehensive Plan and considered all received public comments; and
WHEREAS, pursuant to Statute, the amendments to the Comprehensive Plan were
distributed to affected governmental units for review and comment; and
WHEREAS, the City Council reviewed recommendations and public comments and has
reviewed the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council approves the
2040 Comprehensive Plan subject to the review and comment by the Metropolitan
Council, pursuant to Minnesota Statutes.
BE IT FURTHER RESOLVED that the Shorewood City Council authorizes staff to send
the 2040 Comprehensive Plan to the Metropolitan Council.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8 day of
November, 2021.
________________________
Jennifer Labadie, Mayor
ATTEST:
_________________________
Sandie Thone, City Clerk
7B
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Request for Additional Time to Correct a Code Violation
Location: 5510 Howards Point Road
Property Owners: David and Jennifer Labadie
Meeting Date: November 8, 2021
Prepared by: Emma Notermann, Planning Technician
Attachments: Violation Notice dated October 20, 2021
Inspection Photos
Written Request from Property Owner for Additional Time
Resolution Approving the Request
Background:
In August, the City received a complaint regarding the property at 5510 Howards Point Road
stating the property has a dock that does not conform to city code.
Property Inspections
In September, staff inspected the complainants’ concerns. At that time, staff observed that
the dock does not extend out 8 feet beyond the Ordinary High-Water Level before branching
out into slips. The width of the dock is allowed to be no greater than four feet, except one area
of eight feet by eight feet. There is a wider portion of the dock area exceeds eight feet in
length that would not meet the standards in City Code. The inspection photos are attached.
Enforcement Action
On October 20, 2021, staff sent out a notice of violation to the property owner regarding the
violation. The notice informed the property owner that they violated City Code 1201.03,
subd.14c and City Code 501.05, subd. 9 by having a dock that does not extend out 8 feet
before branching out and having a portion that is wider than 8 feet for a length of 8 feet. The
property owner was given until October 30, 2021 to correct the violation. Since then, staff has
received a request from the property owner for an extension to correct the violation.
Section 104.03 subd. 2 a. of City Code allows property owners the ability to request an
extension of 30 days from the City Council if the property owner is unable to correct or abate
the code offense within the prescribed time. The applicant has requested a time extension to
complete the work necessary to resolve the violation. In keeping with previous practice for
code enforcement deadline extensions, staff would propose an extension of 30 days from
today to December 8, 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.
Recommendation / Action Requested: Staff recommends allowing the extension because
the property owners are actively working to find a solution to the issue and have identified a
number of extensive changes that would require additional time to consider and involve
contractors.
Any action on this request would require a simple majority.
Next Steps and Timelines: Once staff has direction from the City Council on the additional
time, the next steps include:
1. Informing the property owner of their updated deadline
2. Inspecting the property after the deadline to ensure compliance
RESOLUTION 21-132
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A REQUEST FOR EXTENSION TO CORRECT A
CODE VIOLATION FOR PROPERTY LOCATED AT 5510 HOWARDS POINT ROAD
WHEREAS, the City of Shorewood sent a violation notice to David and Jennifer Labadie
(“Property Owner”) regarding a dock in violation of City Code on their property
addressed as 5510 Howards Point Road; and,
WHEREAS, the Property Owner has requested more time to correct the violation as
allowed by Section 104.03 subd. 2 a. of the City Code; and,
WHEREAS, the City Council considered the appeal for additional time to correct the
violation at its regular meeting on November 8, 2021, at which time the Planning
Technician’s memorandum was reviewed and comments were heard by the City
Council from the Property Owner, staff and the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
CONCLUSIONS
1. The Property Owner has shown that the additional time is necessary to resolve the
violation.
2. The City Council hereby grants an extension to correct the violation, which expires
on December 8, 2021.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
th
this 8 day of November, 2021.
Jennifer Labadie, Mayor
ATTEST:
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
9A
Title/Subject: Legal Services Agreement with Campbell Knutson
Meeting Date: November 8, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Reviewed By: Tim Keane, City Attorney
Attachments: Proposed legal services agreement and resolution
Background: The city council directed staff to work with Campbell Knutson to prepare
a contract for legal civil services for the city of Shorewood. The attached agreement has
been reviewed and revised, and is consistent with the requirements contained in the
city’s Request for Proposal.
Recommended Action: Staff recommends approval by passing the attached
Resolution by simple majority.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-133
A RESOLUTION APPROVING CONTRACT WITH THE FIRM CAMPBELL KNUTSON
TO PROVIDE CIVIL LEGAL SERVICES TO THE CITY
WHEREAS, the City of Council selected the firm Campbell Knutson to serve as the city
attorney; and,
WHEREAS, a draft contract has been reviewed and found consistent with the proposal
received in response to the city’s Request for Proposal for Civil Legal services,
NOW THEREFORE BE IT RESOLVED by the Shorewood City Council that:
1. The City Council hereby approves the contract as presented and
authorizes the Mayor and City Clerk to sign on behalf of the city. The
contract shall become effective 12:00 a.m., January 1, 2022.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8 day of November
2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
9B
MEETING TYPE
Regular
City of Shorewood Council Meeting Item
Meeting
Title/Subject: Certifying Unpaid Charges
Meeting Date: Monday, November 8, 2021
Prepared by: Joe Rigdon, Finance Director
Reviewed by: Michelle Nguyen, Senior Accountant
Attachments: Resolution Certifying Unpaid Charges to the 2022 Hennepin County Tax
Rolls
2021 Certification Listing (Preliminary)
Background: Earlier in this meeting the Council held a public hearing regarding the certification
of unpaid charges to the 2022 Hennepin County tax rolls. Delinquent charges are included for
water, sewer, stormwater, recycling and other City services.
In addition to the public hearing, all delinquent accounts were notified of the process pursuant
to state statute and had sufficient time to make payment arrangements or pay the unpaid
charges. To avoid certification to the 2022 rolls, payments for 2021 can still be made up to
November 30, 2021.
Recommendation/Action Requested: Upon updating, for subsequent payments, Staff
recommends approval of the attached Resolution Certifying Unpaid Charges to the 2022
Hennepin County Tax Rolls.
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
2021-Certification
PIDBalance Amount
25-117-23-24-0023380.62
33-117-23-12-0074800.60
34-117-23-23-0024202.32
34-117-23-24-0024209.51
34-117-23-24-0026327.86
31-117-23-14-0026817.16
32-117-23-44-0015731.82
32-117-23-23-0010673.52
32-117-23-22-0027740.10
32-117-23-43-0037805.46
32-117-23-44-0019184.46
32-117-23-14-0030674.60
32-117-23-11-0013247.77
32-117-23-14-0015638.58
25-117-23-44-0063557.43
34-117-23-21-0029615.79
36-117-23-11-0001952.23
33-117-23-33-0028105.23
34-117-23-33-0005105.23
29-117-23-43-0018555.76
34-117-23-44-0023358.65
32-117-23-34-0007648.26
33-117-23-42-0001462.17
33-117-23-14-0043462.17
33-117-23-32-0031493.90
25-117-23-34-0025493.90
26-117-23-11-0012462.17
34-117-23-41-0022295.14
34-117-23-44-0060315.38
34-117-23-43-0023493.90
25-117-23-22-0016393.90
33-117-23-12-0025465.56
32-117-23-12-0008493.90
32-117-23-12-0034462.17
32-117-23-13-0006493.90
32-117-23-13-0008462.17
35-117-23-31-0027462.17
31-117-23-14-0002462.17
34-117-23-23-0056526.18
34-117-23-33-0029435.68
34-117-23-33-0037462.17
31-117-23-44-0026315.38
25-117-23-33-0071462.17
35-117-23-13-0045435.68
35-117-23-34-0022295.53
35-117-23-34-0029435.68
2021-Certification
PIDBalance Amount
26-117-23-14-0011462.17
25-117-23-44-0049462.17
30-117-23-42-0003462.17
33-117-23-11-0050253.25
33-117-23-11-0050253.25
33-117-23-24-0009493.90
33-117-23-23-0039462.17
32-117-23-14-0031462.17
36-117-23-14-00623,078.30
25-117-23-33-0047583.43
25-117-23-34-0022462.17
25-117-23-34-0012493.90
33-117-23-43-0005462.17
32-117-23-11-0024295.14
33-117-23-22-0018696.40
32-117-23-14-0017462.17
34-117-23-31-0022582.33
25-117-23-24-0092566.04
25-117-23-24-0037579.07
34-117-23-24-0032964.95
25-117-23-22-0067435.68
32-117-23-31-0042462.17
31-117-23-11-0012 810.73
33-117-23-33-005969.41
33-117-23-21-0038409.57
33-117-23-12-0014462.17
32-117-23-13-0024462.17
25-117-23-44-0032247.15
34-117-23-24-0031523.99
33-117-23-21-0035386.14
33-117-23-21-0035386.14
33-117-23-12-0017435.68
33-117-23-33-0025435.68
25-117-23-32-0020462.17
36-117-23-14-0052456.95
32-117-23-14-0067726.78
33-117-23-31-00681,196.55
36-117-23-42-0018511.27
35-117-23-11-0064613.31
36-117-23-42-0012523.51
26-117-23-11-0045295.14
35-117-23-11-0063424.46
34-117-23-24-0022258.21
35-117-23-33-0025213.42
To be Certified$ 45,621.87
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
RESOLUTION 21-134
A RESOLUTION CERTIFYING UNPAID CHARGES ON THE 2022
HENNEPIN COUNTY PROPERTY TAX ROLLS
WHEREAS, pursuant to proper notice given as required by law, the Shorewood City Council
has met, heard, and passed upon all objections to the proposed certifications of unpaid charges
for municipal fees and utilities; and
WHEREAS, the delinquent amounts have been minimized through diligent collection efforts by
city staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD AS FOLLOWS:
Such proposed certification of unpaid charges, a copy of which is available in the City Clerk’s
office and referred to as Exhibit 1 and made a part of the resolution hereof, is hereby accepted
and shall continue a lien against the lands named therein.
Such certification, which is due to the County Auditor no later than November 30, 2021, shall be
payable over a period of one year on or before the first Monday in January. The owner of the
affected party may, at any time prior to certification of unpaid charges to the County Auditor,
pay the whole of the certified unpaid charges to the city clerk on such property, including the
assessment fee of $50.00 payable to the City of Shorewood.
The clerk shall forthwith transmit a certified copy of this certification roll to the County Auditor
to be extended on the property tax lists of the county and such certified unpaid charges shall be
collected and paid over in the same manner as property taxes.
Hennepin County Special Assessment Division is hereby authorized to certify the unpaid
charges, on the property tax rolls payable in 2022, for the following services:
Water Levy #21185 To be updated
Sewer Levy #21186 To be updated
Stormwater Levy #21187 To be updated
Recycling Levy #21188 To be updated
Delinquent Fee Levy #21189 To be updated
Total Levy-City of Shorewood $50,121.87
ADOPTED BY THE SHOREWOOD CITY COUNCIL this 8th day of November 2021.
______________________________
ATTEST: Jennifer Labadie, Mayor
________________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
10A.1
Title / Subject: 2021 Fall Paper Shred Event
Meeting Date: Monday, November 8, 2021
MEETING TYPE
Prepared by: Julie Moore, Communications and Recycling Coordinator
Regular
Reviewed by: Sandie Thone, City Clerk/Human Resources Director
Meeting
The popular community shred event took place on Saturday, October 23. While the fall event is
not as busy as the spring event, the line of cars was steady for the entire three-hour event. The
city collected over 3,800 pounds of paper that was securely shredded on site. This is the
equivalent of 1.9 tons of paper. Recycling 1 ton of paper saves around 682.5 gallons of oil,
26,500 liters of water and 17 trees.
Shredded paper is not allowed in curbside recycling containers. This service gives residents an
option to shredding at home, helps reduce the risk of identity theft having personal papers not
shredded, and offers a great opportunity for city staff to educate residents and have one-on-
one contact with our city customers. Resident feedback at this event was very positive.
Financial or Budget Considerations: The final cost of the event was $1,062.90.
No Action Requested: For informational Purposes Only
Connection to Vision/Mission: Consistency in providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound
financial management through effective, efficient, and visionary leadership.
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