08-22-22 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 22, 2022 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 have been reviewed by city council and city staff and there shall be no further discussion by the
council tonight on the Consent Agenda items. Any council member or member of city staff 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, we can answer
those now.
Motion to approve items on the Consent Agenda & Adopt Resolutions Therein:
A. City Council Regular Meeting Minutes of August 8, 2022 Minutes
B. Approval of the Verified Claims List Claims List
C. Accept Quote for 2022 Catch Basin and Culvert Project, City Engineer Memo
City Project 22-04 Resolution 22-073
D. Accept Final Improvement for Beverly Drive & Cajed Lane City Engineer Memo
Drainage Improvements, City Project 20-03 Resolution 22-074
E. Accept Final Improvements for Glen Road/Amlee Road/ City Engineer Memo
Manitou Lane Street Reconstruction and Utility Project, Resolution 22-075
City Project 18-08
F. Approve Vacation of a Portion of Fire Lane 1 to Set Property Line Planning Director Memo
Location: 4580 Enchanted Point at Fire Lane 1 Resolution 22-068
G. Approve Agreement with Christmas Lake Association for Director of Public Works Memo
Improvements to the Christmas Lake Public Access Resolution 22-076
H. Accept Quote for Security Upgrades to the Director of Public Works Memo
Christmas Lake Public Access Resolution 22-077
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
I. Accept Quote and Award Contract for One Replacement Director of Public Works Memo
2000 Gallon Tanker Truck
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. When you are recognized, please raise your hand or use the raise your
hand feature. Please identify yourself by your first and last name and your address for the record. After this introduction, please limit
your comments to three minutes. No action will be taken by the council on this matter. The mayor or council may request that staff
place this matter on a future agenda or ask staff to address it during Item 10. Staff Reports. (No Council Action will be taken)
4. REPORTS AND PRESENTATIONS
A. Highway 7 Safety Audit Presentation, MnDOT
B. Chief of Police, Brian Tholen 2023 Budget Presentation SLMPD Proposed Budget
C. Fire Chief, Curt Mackey 2023 Budget Excelsior Fire District Proposed Budget
Presentation
5. PUBLIC HEARING
A. Request for Rezoning, PUD concept/development stage Planning Director Memo
and Preliminary Plat for Maple Shores
Location: 20430 Radisson Road and Adjacent Vacant Lots
Applicant: Chamberlain Capital, LLC.
6. PARKS
A. Report by Commissioner Heinz on August 16, 2022 Park Commission Minutes
Meeting
7. PLANNING
A. Report by Commissioner Riedel on August 2, 2022 Meeting Minutes
B. Request for Rezoning, PUD concept/development stage Planning Director Memo
and Preliminary Plat for Maple Shores Ordinance 591
Location: 20430 Radisson Road and Adjacent Vacant Lots Resolution 22-078
Applicant: Chamberlain Capital, LLC. Resolution 22-079
C. Cooperative Housing Development Planning Director Memo
Applicant: Lifestyle Communities
Location: 24250 and 24320 Smithtown Road
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. Approve Proposed 2023 SLMPD Budget
B. Approve Proposed 2023 Excelsior Fire District Budget
CITY COUNCIL REGULAR MEETING AGENDA
Page 3
10. STAFF AND COUNCIL REPORTS
A. Staff
1. Primary Election and Candidate Filing Update City Clerk/HR Director Memo
2. Fall Shred Event Communications/Recycling Coordinator Memo
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 8, 2022 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Councilmember Siakel called the meeting to order at 7:00 P.M. She explained that Mayor Labadie
was on vacation and Councilmember Johnson, who is the Acting Mayor, was out sick this evening
which meant that the Council would need to vote for someone else to serve as Acting Mayor just
for the meeting.
Callies moved, Gorham seconded, appointing Councilmember Siakel to serve as
Temporary Acting Mayor. All in favor, motion passed.
PLEDGE OF ALLEGIANCE
A. Roll Call
Present. Councilmembers Siakel, Gorham, and Callies; Interim City Administrator Shukle;
City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling;
Director of Public Works Brown; and, City Engineer Budde
Absent: Mayor Labadie and Councilmember Johnson
B. Review Agenda
Gorham moved, Siakel seconded, approving the agenda as presented. All in favor, motion
passed.
2. CONSENT AGENDA
Temporary Acting Mayor Siakel explained that Item F. was due to Park and Recreation Director
Twila Grout retiring. She stated that Park and Recreation Director Grout has done a fantastic job
serving in the City and reviewed her various roles dating back to 1997. She stated that Ms. Grout
will be missed and wanted to make sure that her work and dedication received attention.
Callies moved, Gorham seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of July 25, 2022
B. Approval of the Verified Claims List
C. Continue Review – Vacation of a Portion of Fire Lane 1 to Set Property Line
Location: 4580 Enchanted Point
D. Accept Final Improvements for Freeman Park Baseball Field Drainage,
Adopting RESOLUTION NO. 22-070, “A Resolution to Accept Final
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 8, 2022
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Improvements for the Freeman Park Drainage Improvements Project, City
Project 20-10”
E. Extension of Variance Approval: Location: 23320 Park Street, Applicant:
Kimberly Poe, Adopting RESOLUTION NO. 22-071, “A Resolution Approving
an Extension for a Variance to the Side Yard Setback for Property Located at
23320 Park Street.”
F. Accept Resignation of Park and Recreation Director and Authorize
Advertisement for Position
G. Approve Hiring Public Works LEO/Shop Technician
H. Accept Quote for Badger Park Cameras and Intrusion System
All in favor, motion passed.
3. MATTERS FROM THE FLOOR
Richard Mann,25545 Birch Bluff Road noted that his comments were related to the continued
discussion of road widening and stormwater mains for Birch Bluff Road. He stated that he has
done a lot of research and would like it known for the record that the constituents of the road that
he has spoken to are against the widening of the roadway but were in favor of having water and
sewer brought in. He explained that the proposed widening is causing a lot of heartburn from
both an aesthetic point of view and because of a fear of increased speed. He stated that if things
continue to move forward he would ask that the City look into permanent speed bumps to slow
the traffic down. He stated that he feels the information related to the pre-scope paper did not
have anything that would affect the wetlands and feels it needs to be studied further. He stated
that he would like to hear from City Engineer Budde at some point as far as the environmental
impacts related to width and what statutes are being applied to ensure that the road needs to go
to 26 feet rather than its current status and width. He reiterated that the majority of people along
Birch Bluff Road that he has spoken to do not wish to have the road widened.
Greg Larson, 25535 Orchard Circle, asked about the Smithtown Ponds construction plans related
to tree preservation. He stated that it appears that most of the trees that were supposed to be
preserved have been whacked and asked for details on those decisions.
Temporary Acting Mayor Siakel stated that Matters from the Floor is designed as an opportunity
for the Council to listen to feedback and questions from the residents.
Mr. Larson asked what forum was available to the residents to actually address the Council and
get questions answered.
Temporary Acting Mayor Siakel asked if Mr. Larson had contacted City staff because many times
they can address the concerns from the residents. She stated that she does not know if anyone
on the Council has the specific information available at the moment in order to answer Mr.
Larson’s question related to tree preservation.
Mr. Larson asked if anyone present had information on why all the trees in the tree preservation
plan for the Smithtown Pond project have been whacked and are gone. He stated that if anyone
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 8, 2022
Page 3 of 7
on the Council doubts what he is saying he suggested that they meet tomorrow morning at 10:00
a.m. to do a walk-through of the area.
City Engineer Budde stated that the tree preservation plan that Mr. Larson is referring to is based
off a very early concept. He stated that as they went through the permitting process, one of the
major obstacles was with the Army Corps of Engineers which meant some adjustments needed
to be made to the grading on the site in order to be able to address the drainage concerns. He
stated that part of those adjustments were that some of the trees that they had originally wanted
to preserve were not able to be preserved. He stated that they are still planning to replace many
of those trees and also plan to exceed the replacement counts that they are supposed to meet
based on the Tree Preservation Policy. He reiterated that the document Mr. Larson was referring
to was a very early concept and not the final plans.
Mr. Larson stated that he pulled this document off the City’s website this morning.
Temporary Acting Mayor Siakel thanked Mr. Larson for bringing his concerns to the attention of
the Council and assured him that the Council would direct staff to look into the issues Mr. Larson
had raised.
Mr. Larson stated that during the June 13, 2022 City Council meeting when the Council had
discussed the Birch Bluff Road plan there was a statement made that most of the trees impacted
are scrub trees and not of good quality. He asked about the definition of a ‘scrub’ tree.
Temporary Acting Mayor Siakel stated that scrub trees are the little saplings that have grown up
along Birch Bluff Road. She stated that she believes that there were only a few trees that were
impacted which may even be less now that they are not putting in a sidewalk.
Mr. Larson stated that he has had a request in for the last six weeks to find out how many trees
and which trees will be removed as part of this project but noted that he had not yet received a
response yet.
Temporary Acting Mayor Siakel stated that she wasn’t sure details related to which trees would
be removed had been determined yet.
City Engineer Budde stated that this was correct because they had not yet completed the final
design nor have they completed all of their easement negotiations yet. He stated that they will
not know this information until those things are done and many times they do not know this
information until the project begins. He explained that oftentimes there are property owners who
want the City to remove trees along the corridor that are close the property line or on the property
line, which the City will do.
Mr. Larson stated that one of the stated goals for Smithtown Ponds was to preservation and
restoration of trees and habitat and asked if that remained a goal.
Temporary Acting Mayor Siakel thanked Mr. Larson for his comments and asked if there was
anybody on-line that would like to address the Council.
Alan Yelsey, 26335 Peach Circle, noted that City Engineer Budde had made a comment in
response to Mr. Larson that the trees would be ‘replaced’ and stated his opinion that the City
would not ‘replace’ a thirty foot tree that would have a width of three feet. He stated that the plans
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 8, 2022
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destroy mature trees and they will not have them back for another forty or fifty years, which to him
would not be considered ‘replacement’. He stated that it appears as though the Council refuses
to have discussion with the residents on all of these matters nor do they provide a forum for
discussion. He stated that the citizens of Shorewood should not tolerate a format where there
can be no discussion with the City Council and staff in a public forum like this. He stated that he
feels the City needs to create some kind of format where that is possible. He stated that his
remaining comments are related to the illegalities that the City is involved with that if they are not
addressed can result in malfeasance and noted that the Council could be held accountable. He
stated that he and Mr. Larson are not attacking the Council. He stated that the illegalities in the
Smithtown Ponds project are that there are no construction zones and protected tree areas
marked have had trees removed; silt fences were not placed around the property for the first three
weeks of the project and did not protect the creek; a gravestone was discovered on the property
which was not preserved and protected in the manner prescribed by law with construction
continuing. He stated that he wanted to make sure that the Council was aware that there needs
to be consequences for the City doing illegal acts and, since they do not appear to be regulating
themselves, in his opinion, it is a real problem.
Temporary Acting Mayor Siakel noted that legal counsel was not present tonight to comment on
some of these concerns raised by Mr. Yelsey so she asked staff to make sure that City Attorney
Shepherd follows up on these concerns.
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Proclamation of Support for Veterans Celebration
Chaska Area Fishing with Friends
Veteran’s Celebration Fishing and BBQ
Temporary Acting Mayor Siakel read aloud a proclamation in recognition of the Chaska Area
Fishing with Friends Veteran’s Celebration.
6. PARKS
A. Authorize Preparation of Plans and Specifications for Freeman Park Trail
Improvement, City Project 22-05
City Engineer Budde explained that the Three Rivers Park District had approached the City about
adding a new trail head connection within Freeman Park. He stated that three alternative routes
were discussed at a Park Commission meeting in July of 2021 and the Council was updated on
their recommendation in August of 2021. He stated that staff has continued discussions with the
Three Rivers Park District who have asked that the City take the lead on the design and
administration of the project. He noted that the plan is for it to be combined with other planned
trail rehabilitation efforts proposed by the City within the Park which has been included in the CIP
for 2023. He explained that the trail head connection will be a ten foot wide trail from the existing
Lake Minnetonka Regional Trail to the southern parking lot near Eureka Road. He noted that in
the future there will be a joint powers agreement with the Three Rivers Park District to clarify the
cost sharing and maintenance responsibilities. He explained that the City had budgeted $200,000
and Three Rivers Park District had budgeted $231,000 but anticipates that this number may
change for 2023. He noted that Three Rivers Park District has agreed to pay for the engineering
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 8, 2022
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efforts. Staff recommends that the Council authorize preparation of final plans and specifications
for this project. He stated that once the plans are fifty percent completed, they will follow up with
the Parks Commission to seek their comments on the plans.
Councilmember Gorham asked for a refresher on the options that were considered and the
preferred option location.
City Engineer Budde noted that the location was highlighted with the red dashed line on the
drawings and noted that it hugs the tree line to the north and is north of the sporting fields.
Councilmember Gorham asked if the plans will affect the outfield fence.
City Engineer Budde stated that he did not believe so, but those details are yet to be determined.
Temporary Acting Mayor Siakel gave a brief overview of the past possibility of the City entering a
cost sharing improvement to Freeman Park and presented the three options that were considered
last year. She stated that she thinks this is a nice project and creates trails and walkability for the
residents. She stated that she feels the City should be thankful that the Three Rivers Park District
approached the City and asked them to participate in this project.
Councilmember Callies stated that the City has been discussing this for a long time and feels it
should move forward because it will be an improvement.
Gorham moved, Siakel seconded, Adopting RESOLUTION NO. 22-072, “A Resolution to
Authorize Preparation of Final Plans and Specifications for the Freeman Park Trail
Improvements Project, City Project 22-05”. All in favor, motion passed.
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Interim City Administrator Shukle stated that Baker Tilly had received fifty applications for the City
Administrator position and are currently in the process of narrowing the prospective list down to
about eighteen candidates. He stated that once those candidates are narrowed down, the
pertinent materials will be made available to the Council for review. He stated that Baker Tilly
has asked the Council to take a look at this material and then determine the five candidates that
they would like to interview.
Councilmember Gorham asked if the Council was expected to rank the candidates on their own
or if it would take place during a workshop discussion.
Interim City Administrator Shukle stated that the idea would be that he Council rank them on their
own individually and then discuss their choices at a Council meeting. He stated that the thought
was that hopefully the Council would be able to come to a consensus on which five candidates
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 8, 2022
Page 6 of 7
should be interviewed. He stated that they could schedule a special Council meeting or work
session to discuss this but noted that the agenda for the Council Work Session on August 22,
2022 is already full.
Temporary Acting Mayor Siakel stated that she would support a special meeting for this
discussion because she does not want it to be a rushed decision.
There was a Consensus of the Council to hold a special meeting in order to discussion the
City Administrator candidates.
Interim City Administrator Shukle stated that he wanted to make sure that not too much time is
wasted in this process because the candidates may be considering other positions. He will share
this information with Mayor Labadie and Councilmember Johnson and try to get a meeting
scheduled as soon as possible.
City Engineer Budde stated that the Grant Steet project will be paved today. He stated that over
the last week the contractor made the connection on the Shorewood Oaks project which had the
sump pumps running over into the pipe. He stated that is pretty much functioning and the
drainage streams are separate but will ultimately be fully working once Smithtown Ponds is
excavated. He stated that for the Smithtown Ponds project they have had both the Minnesota
Pollution Control Agency and the Minnehaha Creek Watershed out to do site inspections which
have passed, and no concerns were raised. He stated that he is not concerned about any of the
silt fencing or erosion control on this project. He stated that in relation to the headstone that was
encountered, as soon as they knew about it, their archeologist was on site and did some additional
research and also had contact with the State archeologist. He stated that they received approval
to keep moving ahead within a few days of identifying it. He stated that this was purely on the
piece north of the trail where no excavation has yet happened. He stated that the City has met
all the requirements and done their due diligence on that issue. He stated that it ended up being
a redundant gravestone that had been re-engraved and placed in St. Cloud. He stated that
essentially the gravestone was obsolete and was given back to the property owner. He noted
that Mr. Yelsey had received an e-mail shortly after this incident happened, so he was aware that
the City was looking into this issue.
Planning Director Darling stated that the Pesticide Management Auditing Plan will be sent to the
Parks Commission with their next meeting packet. She explained that they will have a full month
to review the information and will be able to discuss details with the consultant at the September
13, 2022 meeting. She noted that the public would be welcomed at that meeting.
B. Mayor and City Council
Councilmember Gorham stated that he would second the sentiment shared by Temporary Acting
Mayor Siakel regarding Parks and Recreation Director Grout because she will definitely be
missed.
11. ADJOURN
Gorham moved, Callies seconded, Adjourning the City Council Regular Meeting of August
8, 2022, at 7:36 P.M. All in favor, motion passed.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 8, 2022
Page 7 of 7
ATTEST:
Debbie Siakel, Acting Mayor
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-073
A RESOLUTION AWARDING THE 2022 CATCH BASIN & CULVERT
REPAIR CONTRACT, CITY PROJECT 22-04
WHEREAS, quotes for the 2022 Catch Basin & Culvert Repair & Replacement
Improvements Project were received on August 16, 2022 opened and tabulated
according to law, with the following quotes received:
Quote Amount
Contractor
Schneider Excavating $68,061.50
Bituminous Roadways $74,845.00
Valley Paving $81,565.00
Kusske Construction $83,380.00
Minger Construction $84,135.50
WHEREAS, City staff recommends award of the 2022 Catch Basin & Culvert Repair &
Replacement Improvements to Schneider Excavating & Grading, Inc. who is the lowest
responsible bidder; and
WHEREAS, Schneider Excavation & Grading, Inc. is a responsible and responsive
contractor, that has completed projects of similar size and scope successfully; and
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood the
City Clerk is hereby authorized and directed to enter into a contract with Schneider
Excavating & Grading, Inc. based on the lowest quote amount of $68,061.50 in the
name of the City of Shorewood for the 2022 Catch Basin & Culvert Repair &
Replacement Improvements Project according to the plans and specifications on file in
the office of the City Clerk.
nd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of
August, 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-074
A RESOLUTION ACEEPTING FINAL IMPROVEMENTS FOR THE
BEVERLY DRIVE AND CAJED LANE DRAINAGE IMPROVEMENTS PROJECT;
CITY PROJECT 20-03
th
WHEREAS, On, July 27, 2020, the Shorewood City Council awarded a Contract to
G.F. Jedlicki, Inc., for the Beverly Drive and Cajed Lane Drainage Improvement Project;
and
WHEREAS, G.F. Jedlicki, Inc. has completed all work in accordance with the awarded
contract; and
WHEREAS, G.F. Jedlicki, Inc. is requesting final payment and acceptance for the work;
and
WHEREAS, Staff has reviewed the estimate, verified quantities, verified completed
punch list items, received all applicable close out documents from the contractor, and
recommends final payment and acceptance of the project to G.F. Jedlicki, Inc.
NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Shorewood
hereby accepts the improvements and authorizes final payment to G.F. Jedlicki, Inc., for
the Beverly Drive and Cajed Lane Drainage Improvement Project according to the plans
and specifications on file in the office of the City Clerk.
nd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of
August, 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-075
A RESOLUTION FOR ACCEPTANCE OF FINAL IMPROVEMENTS FOR THE GLEN
ROAD, MANITOU LANE, AND AMLEE ROAD STREET IMPROVEMENTS,
CITY PROJECT 18-08
WHEREAS, On February 8, 2021, the City Council awarded a contract to WM Mueller &
Sons, Inc., for the Glen Road, Manitou Lane, and Amlee Road Street Improvement
Project; and
WHEREAS, WM Mueller & Sons, Inc. has completed all work in accordance with the
awarded contract; and
WHEREAS, WM Mueller & Sons, Inc. is requesting acceptance for the work; and
WHEREAS, the City Engineer has reviewed said Improvement and found it to be in
general conformance to the approved plans and specifications; and
WHEREAS, Staff has reviewed the estimate, verified quantities, received the warranty
bond, IC-134s, consent of surety, and recommends acceptance of the project to WM
Mueller & Sons, Inc.
NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Shorewood
hereby accepts final Improvements and authorizes final payment to WM Mueller & Sons
for the Glen Road, Manitou Lane, and Amlee Road Street Improvements according to
the plans and specifications on file in the office of the City Clerk.
nd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of
August, 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
2G
MEETING
TYPE
Regular
Meeting
City of Shorewood Council Meeting Item
Title/Subject: Approve A Resolution Accepting Agreement With the
Christmas Lake Association for Improvements to the
Christmas Lake Public Access
Meeting Date: Monday August 22, 2022
Prepared by: Larry Brown, Director of Public Works
Reviewed by: Ed Shukle, Interim City Administrator
Attachments: Site Location Map, Proposal by GSSC, Sign Layout, Sign
Location Map, Agreement and Resolution
Background: The Christmas Lake Association (CLA) had previously approached city
staff requesting consideration of improvements to the Christmas Lake Public Access.
Attachment 1 is a site location map
The improvements requested include the following:
1. Upgrading the existing security camera and adding two additional security
cameras to the site.
2. Posting of signage located east and west of the intersection of Merry Lane and
the southerly frontage road of State Highway 7.
3. The City would be the host for live video broadcast of parking conditions.
Currently, the Christmas Lake Public Access has one camera that was installed by the
CLA that is fed by a Mediacom for broadcast. There have been issues with the current
installation to maintain an adequate and stable video feed. Therefore, it is desired to
upgrade the camera and broadcast of this system.
In addition to upgrading the current camera, both staff and representatives of the CLA
agreed that it is prudent to add two additional cameras to provide a better visual of the
site and boat ramp, for security purposes, and to enable a live broadcast for potential
visitors of the site to be able to monitor what parking spots are available for use, or if the
stie is at capacity prior to entering the site. Attachment 3 is a diagram indicting the
location and viewing angles of the proposed cameras. Camera feeds would be
recorded cyclically on a thirty-day basis.
Representatives of CLA have agreed to pay for fifty percent of the camera upgrade and
installation costs. As proposed, the remaining fifty percent and ongoing operating costs
would be borne by the city.
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
For the camera upgrade, staff has solicited a proposal from the city’s current security
and video provider, GSSC. Total costs for the installation are $15,336.36 (without sales
tax). Therefore, each party to the agreement will pay the initial portion in the amount of
$7,668.18.
Also discussed was proposed signage to the site. As proposed, signs would be
installed both east and west of the intersection of Merry Lane with the southerly frontage
road to State Highway 7. Attachment 3 is a diagram of the sign layout with QR code
and website address to the City of Shorewood’s website. This link brings the user to the
regulations page and an additional submenu to view live parking conditions.
Attachment 4 is a site diagram as to the proposed location of the signs. It is noted that
the easterly sign must be located a fair distance east of the intersection, due to space
limitations. A permit from MNDOT will be required for installation of this sign, as well.
Attachment 5 is the proposed agreement. As noted, the CLA has agreed to pay fifty
percent of the installation costs for the improvements. The remaining fifty percent,
ongoing operational costs and website maintenance is borne by the city.
Financial Considerations: If approved, it is proposed that this installation be funded
from the Parks Capital Improvement Program, as the public access is considered part of
the park system. Ongoing operational costs would be funded from the Park Operating
budget.
Recommendation/Action Requested:. Staff is recommending approval of the
Resolution that accepts the agreement between the Christmas Lake Association and
the City of Shorewood for site improvements to the Christmas Lake Public Access.
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-076
A RESOLUTION APPROVING AGREEMENT BETWEEN THE CHRISTMAS LAKE
ASSOCIATION AND CITY OF SHOREWOOD FOR IMPROVEMENTS TO THE
CHRISTMAS LAKE BOAT ACCESS
WHEREAS, The City owns land with PID 35-117-23-13-9938, which is located in
Hennepin County, and which serves as the boat launch and public access for Christmas
Lake; and
WHEREAS, The Christmas Lake Association (“CLA”) for residents living on or nearby
Christmas Lake, or those who wish to support the goals and purposes of the public boat
access; and
WHEREAS, The CLA and city staff have worked together to develop a plan for
proposed improvements to said public access for security and parking management;
and
WHEREAS, The City of Shorewood has proposed a cost sharing agreement for the
installation of said improvements, attached hereto as “Exhibit A.”
NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Shorewood
hereby accepts the proposed agreement between the Christmas Lake Association and
the City of Shorewood for shared costs for the improvements to the Christmas Lake
Boat Access.
nd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of
August, 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-077
A RESOLUTION AWARDING THE QUOTE FOR SECURITY IMPROVEMETS TO THE
CHRISTMAS LAKE PUBLIC BOAT ACCESS
WHEREAS, A quote was solicited from GSSC for installation of cameras and various
network improvements for the Christmas Lake Public Boat Access; and
WHEREAS, On this date the City of Shorewood has entered into an agreement with the
Christmas Lake Association, for cost sharing of said improvements; and
WHEREAS, GSSC has provided a quote that is found acceptable by city staff and the
Christmas Lake Association;
NOW THEREFORE, IT RESOLVED: that the quote provided by GSSC in the amount of
$15,336.36, with ongoing costs of $90.00 (without taxes), is hereby approved.
nd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of
August, 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
4C
Excelsior Fire District
2023 BUDGET
2023 OVERVIEW
In preparing the 2023 budget, version 4, the following updates/changes were incorporated into the
draft.
Operations and Building budget increase of 4% total.
Updated spreadsheet so that all operating expenses were calculated based upon detailed
schedules contained in “2023 SalaryBenefits” and “2023 Supplies & Other” tabs.
All PERA, FICA and Medicare expenses based upon formulas embedded in spreadsheet.
2022 actual updated to include income and expenses through June.
End of year 2021 balance is $341962, or 28.15% of operating budget.
o Reserves higher than needed.
2023 CHANGES
INCREASED overnight duty crew stipend on Friday and Saturday nights from $80 per night to
$100. Increased weekday overnight duty crew stipend from $60 per night to $80 per night.
INCREASED all part-time, firefighter hourly wages by 13.79% effective 1/1/2023. $14.07 to
$16.00 per hour. All full-time staff 5% annual increase starting on 01/01/2023.
Funded Capital Equipment purchases support vehicle lease program and Engine 11 lease
payment. Budget increase 121.7%
Funded Building Improvement Fund. Budget increase 0%
Added weekend Duty Crew daytime staffing 2 firefighters at both stations. Budget increase 5.8%
2023 KEY FINANCIAL NOTES
Assumptions:
o Staffing predictability and availability will continue to challenge the organization
resulting in the need to continue to invest in the duty crew model.
o Duty officer program will continue to be needed unless or until additional full-time staff
can be added.
o Estimated 5-8% growth rate for all operating expenses except health insurance which
was set to 10%
o Organization complexity along with service demands and desire to achieve a balanced
life/work for firefighters will result in the addition of some full-time positions beginning
in 2024.
o Fund reserves with a target reserve of 25% to 28%.
o Leverage the elimination of mortgage debt into needed staffing.
o Continue fire district marketing campaign (branding video, interactive Facebook and
website pages), recruitment and retention to maintain paid on call model moving
forward augmented with career fireground and administrative staffing.
2024-2028 CHANGES
Adding financial projections to building improvement fund to provide funding for roof
replacement, boilers, interior concrete flooring, and other unanticipated building maintenance
costs.
ADD full-time Assistant Chief effective 4/1/2024
o Assist Fire Chief with day-to-day operations
o Focus on grant funding opportunities
o Staff and officer development
ADD three (3) full-time Deputy/Battalion Chiefs in 2024/2025 on 24-hour shifts.
o Significantly REDUCE load on current duty officer program
o INCREASE daily fireground and response resources
o Create succession planning program
o Cover and supervise duty crews during the day.
o Manage: Training, Administration, and daily operations
REDUCED duty officer coverage for non-full-time coverage days for vacation/sick time coverage
only
#5A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Rezoning, PUD Concept/Development Stage Plan, Preliminary Plat
Public Hearing for Maple Shores
Applicant: Chamberlain Capital, LLC.
Location: 20430 Radisson Road and four adjacent unaddressed parcels, all on the south
side of Highway 7
Meeting Date: August 22, 2022
Prepared by: Marie Darling, Planning Director
Review Deadline: September 16, 2022
Attachments: Location Map
Site Plan
Please also see staff report and attachments for Item 7B on this agenda and the minutes from the
Planning Commission meeting for Item 7A on this agenda.
Background:
The applicant proposes to develop the subject properties into seven lots for new single and two-family
homes and one open space outlot. This proposal includes the following requests:
A rezoning from R-1A to Planned Unit Development (PUD)
stnd
A PUD concept and development plan (the 1 and 2 steps of the three-step process)
st
A preliminary plat (the 1 of 2 steps in the subdivision process)
Recommendation: Staff recommend that the City Council open the second public hearing on this item
and take and consider all offered testimony. Action on the item would be later in the agenda as item
7B. A public hearing was also held at the Planning Commission. A summary of the testimony
received, and their action is below.
Planning Commission Public Hearing and Public Testimony:
At their August 2, 2022, meeting, the Planning Commission voted unanimously to recommend
approval of the application based on the findings that the request met the standards for approval,
subject to the conditions listed in the staff report. The applicant was present at the meeting and
spoke in favor of the request. Six people from the audience requested to speak. Staff received no
written comments or questions. One correction and the majority of the issues raised are summarized
below.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\\Planning\\Planning Files\\Applications\\2022 Cases\\Maple Shores 20430 Radisson Road\\CAF Memo public hearing.docx
Page 2
Parking:
At the meeting, staff indicated that parking is not permitted on Radisson Road. Further south of the
site where Radisson Road narrows, parking is restricted. In front of the site, parking is not restricted.
Staff apologizes for the error and any confusion this may have caused.
The applicant is proposing approximately four to five spaces for each home (two-three inside and two
outside) and an additional four parking spaces for guests. This exceeds ordinance requirements.
Density:
Two residents spoke regarding density and the increase of density on the property. Both were
concerned about the impact of the additional density on the property and one speaker wanted to
make sure that if the developer could develop at that density, he should be allowed to as well.
Staff note that the property is guided in the comprehensive plan for low density residential (1-2 units
per acre). The applicant proposes to construct a development with two units to the acre, which is
conforming. To calculate density, the applicant must use net acres. That means the acres below the
ordinary high water level (OHWL) for Lake Como and those acres in the delineated wetland are
removed from the calculation. In addition, the applicant has had to show that his building areas are
not within the setback from the OHWL of the lake, in a bluff impact area, or within wetland buffers.
He has shown that he has areas outside these features which means he has adequate property to
develop. This is the same means of calculating density that other neighbors would have to show as
well.
Flexibility Requested:
A resident stated that the flexibility requested would create a neighborhood that is not in keeping
with the surrounding neighborhood. Staff believes that the applicant was speaking directly to three of
the five requests for flexibility listed below (the full list is included in the planning commission report
attached to Item 7B):
The ability to construct single and two-family homes where the R-1A zoning district would restrict
development to single-family homes.
Staff respond that most, but not all, of the homes in the area are single-family homes. Tanglewood
has three-unit townhomes and is located on Radisson Road about 1/3 mile west. Barrington and
other twin-homes are located north across Highway 7. This property is the first privately-owned
property on the north side of Radisson Road and it is at the entrance to the neighborhood. Offering
a variety of house styles in the community is encouraged by the Comprehensive Plan, but it is a
policy decision for the City Council to decide as they review the development.
A private street serving all seven homes where the subdivision regulations allow for a maximum of
three homes to be served by a private street.
Reduced setbacks to cluster the homesites along the private street and to be closer to Radisson
Road. The garages are proposed 22-25 feet from the private street instead of 65 feet as required in
the R-1A district and a 35-foot setback from the property line abutting the Radisson Road where the
R-1A zoning district requires 50 feet.
Page 3
Staff respond that with the exception of the home directly abutting the development and the two
homes across the street, most homes in the area do not meet the front property setbacks required
by the zoning district. As a result, staff found that the reduced setbacks would not be out of
character for the area or for a townhouse development. Consequently, staff finds the setback
reduction from 50 feet to 35 feet from the Radisson Road public right-of-way would not seem
strange or out of character when viewed from the street. The Council could decide to require the
developer to increase the setback from Radisson Road to be consistent with the homes immediately
adjacent.
Tree Removal/Noise:
Two neighbors mentioned a concern with tree removal and one indicated that they were concerned
that the loss of trees would increase the noise from Highway 7. The applicant is proposing to remove
the majority of the trees from the east and central part of the development to lower the middle of the
site and to construct the pond and other improvements. This action would necessitates substantial
tree removal. The applicant has proposed no tree removal in the MnDOT right-of-way or on any of
the steeper slopes and only in the public right-or-way as needed for the driveway, utility mains or to
protect site visibility through the corridor.
One of the residents mentioned that if the site were developed for a few single-family homes instead
of the development proposed, that more trees would be saved. Staff is skeptical that this would be
true for any development other than one single-family home as the site would still require grading for
home and driveway connections. Home sizes are increasing and after construction, new homeowners
quickly add pools, sport courts, party patios and other amenities with additional tree removal after
the fact, not to mention ongoing tree removal for access and view corridors to public waters.
The applicant responded that because the highway is above the canopy, many of the site trees they
don’t provide much noise protection for the homes anyway.
Staff adds that trees in this setting with the planting density shown, provide little noise reduction, but
do provide a needed visual barrier. Staff has requested additional trees to be planted on the site and
included conditions in the approving resolution to this effect.
Ash borer: The Planning Commissioners debated
whether to require all the ash trees to be
removed from the property now rather than wait
until after the borer impacts the trees on the
site. Staff indicated that they would go through
the inventory to determine how many additional
trees this would impact. One commissioner also
asked what that does to the reforestation ratio.
Staff found that an additional 25 trees noted to
be saved are ash trees (indicated in blue in the
graphic to the right). Many of the trees are in
areas of the site not proposed to be disturbed
Page 4
and would be within the wetland and/or bluff areas. Staff would normally not require trees that
aren’t exhibiting signs of disease to be removed in the remotest part of the site. If they are required
to be removed based on their potential for disease in the future, reforestation should not be required.
Nor should new trees be required to be planted in areas where it will be difficult or impossible to
water or otherwise maintain them.
One of the ash trees is in the public right-of-way and the developer’s arborist noted that it is leaning
over the street. Staff believe that that tree and the adjacent mulberry tree which is also leaning
should be removed regardless of the decision on the other ash trees as these two trees will eventually
become a public hazard. Staff included a condition in the resolution that indicated that these two
trees should be removed. As the trees are off-site, no reforestation would be required.
Lift Station Capacity:
A resident at the lowest service end of the force main indicated that he was concerned about adding
additional homes without know that the lift station would be able to accommodate them. The
Engineering staff responded that the lift station has adequate capacity to serve the new home and the
lift station rehabilitation project (recently approved) would improve the dependability. Staff doesn’t
find any addition improvements to the lift station would be necessary to protect the existing or future
homeowners.
Stormwater Runoff:
A resident was concerned that the storm water overflow from the pond would end up on his property
and flood him out. The engineering staff confirmed that the pond would be designed to the required
standards:
Infiltrate a one-inch rainfall (providing volume control)
Treat and hold the water up to a 100-year storm event (7.25 inches in a 24-hour
period) (providing both volume control and treatment)
Slow water leaving the site to no faster than the current rate for the 2-year, 10-year
and 100-year events (rate control)
In the event that a larger than 100-year storm event occurs, an emergency overflow is provided that
would direct water into Radisson Road, but that would be rare occurrence.
The applicant has shown that their project is conceptually consistent with the city’s requirements but
is still subject to City and watershed district review of the final design.
Watermain Extension:
A resident wanted to know that the watermain could be extended in the future to serve the adjacent
neighborhood. Staff note that the size proposed would be adequate to serve the greater area and
could also be provide a looped connection when extended to the existing main near the watertower in
the future.
Lot 11:
Several speakers were concerned about the applicants’ narrative which says that they have deeded
access to Christmas Lake on Lot 11 of the Radisson Inn Addition, located south and west of the subject
Page 5
properties adjacent to Christmas Lake. A neighbor and legal counsel for another neighbor requested
the applicant be required to resolve the easement issue prior to moving forward with the
development.
Staff and the Commission responded that the easement for Christmas Lake access is private and as a
result outside the jurisdiction of the City of Shorewood. Any determination for whether the access
easements are validly applied to the property is the responsibility of the property owners.
The City of Shorewood has a limited timeframe to review the development and cannot delay action on
this item due to the private easements.
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, AUGUST 16, 2022 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Hirner convened the meeting at 7:02 p.m.
A. Roll Call
Present: Chair Hirner, Commissioners Schmid, Gallivan, and Heinz; Parks
and Recreation Director Grout; and Planning Director Darling
Absent: None
B. Review Agenda
Gallivan moved to approve the agenda as written. Heinz seconded the motion. Motion
carried 4-0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of July 12, 2022
Heinz moved to approve the minutes of the July 12, 2022 meeting as written. Schmid
seconded the motion. Motion carried 4-0.
3. MATTERS FROM THE FLOOR
There were none.
4. NEW BUSINESS
A. Maple Shores Development – 20430 Radisson Road
Chair Hirner gave a brief overview of the proposed development of 7 lots at 20430 Radisson Road
and noted that staff was recommending approval of park dedication fees in lieu or park land
dedication.
Commissioner Heinz stated that the Comprehensive Plan stated that the City should concentrate
more on developing and redeveloping existing parks. He stated that he thinks there is still an
opportunity within the City to upgrade the current park system and encompass some of the
emerging activities, such as pickle ball.
Commissioner Gallivan stated that he agreed with the recommendation by staff for dedication
fees in lieu of additional park land.
Chair Hirner stated that he also agreed and noted that this parcel is right on Highway 7 and there
have been many discussions about parks, such as Silverwood, that are right on Highway 7 and
their actual useability because of the proximity to the highway.
PARK COMMISSION MINUTES
TUESDAY, AUGUST 16, 2022
PAGE 2 OF 4
Gallivan moved to recommend approval of park dedication fees in lieu of park land for the
Maple Shores Development at 20430 Radisson Road. Heinz seconded the motion. Motion
carried 4-0.
B. Transmittal/Introduction of Pesticide Audit and Management Plan
Planning Director Darling explained that this agenda item was intended to be an introduction to
the Pesticide Audit and Management Plan. She stated that the consultant will be in attendance
at the next Park Commission meeting in order to present information and answer questions about
the plan, but staff wanted to give the Commission a chance to review some of the information
prior to the meeting.
Chair Hirner noted that he felt the information was comprehensive but he did have a few
questions, but would wait and have the consultant address them at the next meeting.
Commissioner Heinz noted the recommended mowing height of 3 inches and stated that his lawn
service also mows his lawn at that height and he has gotten a lot of compliments about the
greenness and look of his lawn.
Chair Hirner asked about the recommendation of 3 inch mowing height in relation to the baseball
or soccer associations during playing season and asked about their preferred heights on the
fields. He suggested that be a question that the consultant responds to at the next meeting.
Planning Director Darling stated that City staff can talk with the various associations prior to the
next Park Commission meeting to find out if they have a preferred height for the fields.
Commissioner Gallivan asked how the City determined Class A, Class B, and Class C.
Planning Director Darling stated that those classifications came from the consultants and the way
they are used. She explained that Class A fields are sporting fields or destination parks, such as
Freeman Park with the others being more moderately used such as Manor Park as Class B and
Silverwood Park for Class C. She asked if there was any information that the Commission would
like to staff to research prior to the next meeting.
Chair Hirner asked if there would be any advantage in not mowing the hill at Silverwood Park.
Planning Director Darling explained that it is mowed up to the point where it is too steep to mow.
Chair Hirner reiterated that he would like to know if there may be any advantage in not mowing
the hill, for example, does mowing it contribute to erosion on the hillside.
The Commission discussed staffing shortages in both regular employees and seasonal
employees and the visibility of the City’s parks to both residents and visitors to the area.
C. Liaisons for City Council Meetings
August – Commissioner Heinz
September – Chair Hirner
November – Commissioner Gallivan (with Chair Hirner as back-up if there is a scheduling issue)
PARK COMMISSION MINUTES
TUESDAY, AUGUST 16, 2022
PAGE 3 OF 4
5. OLD BUSINESS
Chair Hirner stated that he had stopped by Silverwood Park recently and thinks the park is really
looking great, but the snow fence still needs to be taken down. He asked about the section where
there is not a hand rail for the slides near the first set of stairs. He expressed concern that kids
may get up there and jump off the little wall area. He suggested that it may be a good idea to get
a short section of railing to fill in that section. He noted that he had taken a picture and can send
it to staff so they know just what he is referring to. He asked if there were still plans to put fence
posts behind the water pump station.
Planning Director Darling stated that they have repaired a few of the posts.
Chair Hirner noted that there are two levels and the upper level has no posts, so he was assuming
that they were still working on it ,but wanted to draw staff’s attention to it, just in case.
Planning Director Darling noted that she would speak with the contractors and explained some of
the other items that are on the punch list for them to complete.
Chair Hirner noted that he has seen more cars, bikes and people walking with strollers at
Silverwood Park lately than he has seen there for years. He asked that staff add a future agenda
item in order to plan a Grand Re-Opening.
Commissioner Heinz noted the usage of the walking trails through the country club area. He
asked if there was any idea on how the entry points from the street have been received by the
residents in the area.
Planning Director Darling stated that the issues that the residents have had not been related to
the trail users. She stated she thinks they all bought their properties with the knowledge that there
were public trails in the neighborhood.
6. STAFF AND LIAISON REPORTS / UPDATES
A. City Council
B. Staff
Planning Director Darling reported that Commissioner Cohen had to resign from the Commission
because she took a new job and how has conflicts of interest with local government work. She
noted that the City has begun posting the opening for applications for that position. She gave an
overview of discussion and actions taken at recent City Council meetings.
Chair Hirner noted that the Park Commission will have a bit more time to work with Park and
Recreation Director Grout before she retires, but wanted to let her know that it has been a
pleasure to work along side her and that she would be missed when she retires and leaves the
City.
PARK COMMISSION MINUTES
TUESDAY, AUGUST 16, 2022
PAGE 4 OF 4
7. ADJOURN
Gallivan moved to adjourn the Park Commission Meeting of August 16, 2022 at 7:50 p.m.
Schmid seconded the motion. Motion carried 4-0.
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, AUGUST 2, 2022 7:00 P.M.
DRAFT MINUTES
CALL TO ORDER
Vice-Chair Riedel called the meeting to order at 7:00 P.M. and explained the Planning
Commission is comprised of residents of the City of Shorewood who are serving as volunteers on
the Commission and are appointed by the City Council. The Commission’s role is to help the City
Council in determining zoning and planning issues. One of the Commission’s responsibilities is to
hold public hearings and to help develop the factual record for an application and to make a non-
binding recommendation to the City Council. The recommendation is advisory only.
ROLL CALL
Present: Commissioners Eggenberger, Riedel, Huskins and Holker; Planning Director
Darling; Planning Technician Carlson, City Engineer Budde, and Council Liaison
Gorham
Absent: Chair Maddy
1. APPROVAL OF AGENDA
Holker moved, Huskins seconded, approving the agenda for August 2, 2022, as presented.
Roll call vote: All in favor, motion passed 4/0.
2. APPROVAL OF MINUTES
May 3, 2022
Commissioner Huskins noted two minor typographical errors in the minutes on page 9.
Huskins moved, Holker seconded, approving the Planning Commission Meeting Minutes
of May 3, 2022, as amended. Roll call vote: All in favor, motion passed 4/0.
3. MATTERS FROM THE FLOOR - NONE
4. PUBLIC HEARINGS -
A. PUBLIC HEARING – MAPLE SHORES: REZONING, PUD,
CONCEPT/DEVELOPMENT STAGE AND PRELIMINARY PLAT
Applicant: Chamberlain Capital, LLC
Location: 20430 Radisson Road and four adjacent parcels on the south
side of Highway 7
Vice-Chair Riedel gave an overview of the procedures and rules for public hearings.
Planning Director Darling explained that the applicant is proposing to develop the property for
seven homes in a planned community with shared maintenance to be called ‘Maple Shores’. She
noted that this site is comprised of 5 separate parcels located between Radisson Road and
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 2, 2022
Page 2 of 14
Highway 7 on the east and north sides of Lake Como. She reviewed the elevation and current
conditions of the property. She noted that the developer is proposing to remove the existing home
and lower the middle of the property in order to construct the homes along a new private street
with 4 of the homes backing up to the lake and 3 backing up to a new stormwater pond. She
stated that the plans call for water to be extended across Highway 7 and noted that sewer is
available in Radisson Road. She explained that the homes would have the majority of the living
area on the main level with either a walk-out level for those on the lakeside or an upper level on
the stormwater pond side. The homes would be upwards of 3,400 square feet and feature extra
deep two stall garages. She explained that the applicant has requested a rezoning from R-1A to
PUD as well as a Concept/Development Stage and Preliminary Plat. She gave an overview of
the items that the applicant is requesting flexibility on such as the ability to construct two-family
homes, three homes to be served by a private street, reduced setback, ability to remove 5,840
cubic yards of material, and the ability to construct a model home prior to installation of utilities
and street paving. She stated that the plans are to construct the townhomes and keep the
majority of the site for open space and for the individual homeowners to just own the land around
the foundation of the unit. She reviewed the impervious surface coverage requirement, the
amount of dirt proposed to be removed from the site, the route for the truck traffic, and the
requirement for a fence along the top of the retaining wall to address safety concerns. She gave
a brief overview of the proposed conditions that staff is recommending, if this is approved. She
stated that the site has a number of significant trees that will be removed as part of this project
and would be required to replace 28 replacement trees, however, the applicant is proposing to
plant 35 trees with a number of them being along Highway 7. She stated that staff feels the site
can accommodate even more trees and would also provide a greater visual barrier for the
residents, so they are recommending additional plantings. Staff recommends approval subject to
the conditions listed in the staff report. She stated that the City has not received any written
comments on this application.
Vice-Chair Riedel noted that the packet had also included an engineering report and information
from the DNR.
Commissioner Huskins asked about how water would be brought into the development and
whether the County would need to be involved.
Planning Director Darling stated that the City ordinance requires that any subdivision with four or
more homes proposed has to be served by City water. She stated that in this area of the City
there are two options for City water, one would be to directionally bore under Highway 7 from
mains that are within Excelsior Boulevard and the other option would be to extend a main from
public water main that is close to the water tower. She stated that the applicant has proposed the
crossing under Highway 7 as their preferred approach and will require permits from MnDot, but
no permits for the crossing from the County. She turned the answer to the question on operation
questions on the extension to City Engineer Budde.
City Engineer Budde stated that he believes their plans are for directional drilling which means
Highway 7 would be undisturbed from a traffic perspective. He stated that the City will require
that they hook up with a ‘wet tap’ which means they are able to make the connection without
having to shut down the existing 12 inch main on the north side.
Commissioner Holker asked about the location of the homes closest to this development.
There was an answer given from the audience.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 2, 2022
Page 3 of 14
Commissioner Holker stated that she would also like to know about the indication on one of the
maps about ‘limit of landscaped yard’.
Planning Director Darling suggested that Vice-Chair Riedel repeat the statements that were made
from the audience since those comments were not recorded.
Commissioner Holker stated that the answer that was given indicated that the structure she was
referencing had bedrooms on the backside closest to the boundary of the proposed development.
Commissioner Huskins asked about information in the staff report about the common area being
‘primarily’ used for shore area, wetland, wetland buffers, stormwater pond, and open spaces.
Planning Director Darling stated that there are not a whole lot of uses beyond the conservation
easements, wetland buffers, open spaces, and lawn areas. She stated that it is all within an outlot
and a structure cannot be built on outlot, which would prohibit having something like a shed.
Commissioner Holker stated that there were a few references to Lot 11 and asked for clarification
on what that was referring to.
Planning Director Darling stated that she believed those references were in the property owners
narrative. She noted that lot 11 is owned by an adjacent property owner but many of the residents
in the area have a private easement over the property for access to the lake and passive
shoreland uses. She stated that the easement is private and whether or not the new residents in
the subdivision have rights to the lot is outside the City’s authority and the City does not get
involved in the interpretation of private easements, which is why it was not addressed in her staff
report.
Commissioner Huskins asked about Lake Como and its allowed uses.
Planning Director Darling stated that the lot lines, when they are showed as extending into the
lake, are riparian, which means the DNR has jurisdiction over everything below the ordinary high
water level for Lake Como. She stated that means it is open to use even though there is no public
access to this lake. She explained that it was a very shallow lake with marshland all the way
around it. She stated that there is nothing preventing people from fishing on the lake, but she
was not sure if there were even any fish in the lake.
Commissioner Huskins asked if it would be a fair statement to say that if this PUD was completed,
it would not change the character of the lake, access to the lake, or change what people have
been routinely doing.
Planning Director Darling stated that is correct and the only change would be the areas that are
adjacent to the lake that are within these parcels would be owned in common. She stated that it
does mean that the residents could walk down to the shoreland and use the water, if there was
any kind of clear and open access to the water, for example for a canoe or kayak.
Vice-Chair Riedel asked if there would be any restriction on putting a dock into the lake.
Planning Director Darling stated that the DNR would not have a restriction that would prohibit
anyone from putting in a dock, however the City’s wetland regulations do not allow for artificial
obstructions of stormwater purposes, so this is a bit complicated because of the extensive
marshland.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 2, 2022
Page 4 of 14
Commissioner Holker asked if looking across the lake the retaining wall would be visible.
Planning Director Darling stated that the lowest portion of the retaining wall would be about 18
feet above the ordinary high water level of the lake but noted that it is fairly heavily treed in the
area which should obscure some of the visibility.
Commissioner Eggenberger asked about the plans to assign each home a certain amount of
surface they can use in the future for impervious surface coverage.
Planning Director Darling explained that this was both now and in the future and is based on the
stormwater design and the goal of not exceeding the 25% allowed.
Commissioner Eggenberger confirmed that the first person to build could not come in and use of
the entire allotment.
Planning Director Darling explained that this was why there is a portion assigned to each lot so
one homeowner could not use up the impervious surface allowed for another homeowner.
Commissioner Eggenberger stated that he assumes that there would be a lot of water behind the
retaining wall and asked where the water will go.
Planning Director Darling stated that she anticipates that they will tile the water around the wall
as part of their structural design of the wall.
Commissioner Eggenberger stated that there are 68 ash trees on the site. He stated that he
understands that there are plans to have an arborist come in and see which ones should be
removed but asked, before the development begins, why they wouldn’t just come in and remove
all of the ash trees so they are not even able to get ash borer. He stated that in his mind it may
be easier to get them all out and them compensate with additional trees.
Planning Director Darling explained that the Commission could certainly propose something to
that effect. She stated that some of the existing trees are on pretty steep slopes and getting the
equipment down there may cause more damage than letting the tree die naturally. She stated
that they are in the conservation easement area, so they can be allowed to become part of the
natural environment as they die. She clarified that it is unlikely that the trees on those slopes
would be a hazard for the new structures.
Commissioner Eggenberger stated that he was not implying that they could be a hazard to the
structure, but rather a potential hazard of spreading ash borer. He stated that to him, it would
make more sense, before the development even begins, to just go in and remove those ash trees.
Planning Director Darling stated that the Commission could consider this as an added condition.
Vice-Chair Riedel stated that there will be large areas that are undisturbed, so to go in to
specifically cut out ash trees may not be the best way to move forward.
Paul Cameron, Chamberlain Capital, stated that the idea behind this development is a need that
he and his wife personally have. He stated that they are coming out of a big house, their children
are in college so they don’t need that much space. He stated that they want to live in a space that
is very controlled and have their own garages with some extra space for things such as
motorcycles. He stated that the fully built out spaces are about 3,500 square feet but they include
spaces like sunrooms and screened in porch spaces. He stated that the spaces are intended to
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be single level living with extra space either up or downstairs for when company comes over. He
stated that they are envisioning this as a turnkey type of property where people can go south for
the winter without having to worry about anything because the association is intended to be full
maintenance. He explained that they had originally planned for 9 units but after discussing the
future expansion of Highway 7, they reduced the number of units down to 7. He noted that all of
the gutters will be helmeted and the water will come down the house and back into the street
underground and following the stormwater all the way down to the catch basins and then into the
pond. He stated that the one exception may be on the backside because they aren’t sure they
can get the gutter angle correct.
Vice-Chair Riedel asked if Mr. Cameron was in agreement with the recommendations suggested
by staff and gave examples of HOA rules.
Mr. Cameron stated that they were in agreement and assured the Commission that they were of
the mindset that it should be a really clean development. He noted that they are not in favor of
parking on the street overnight or having a third vehicle parked on the driveway because it doesn’t
fit in the garage. He stated that they will probably have to have exceptions for situations like a
college kid home for the summer, but suggested that they may have a permit process in that
situation.
Vice-Chair Riedel noted that there is no parking allowed on Radisson Road. He stated that he
suspects there will be concerns raised about that, the amount of traffic, and stressed that there
simply cannot ever be overflow traffic on Radisson Road.
Mr. Cameron stated that he understood and explained their hopes for parking situations such as
a party or even and noted that he expects this situation to arise only rarely.
Commissioner Huskins asked if his understanding was correct that this was a one phase process
and they would build when they get a contract. He asked what they expect the timeframe would
be from first sale to seventh sale.
Mr. Cameron stated that the customer for this would be someone who already lives in the area
and would like to downsize without having to leave the area. He stated that the believe their
primary residents will be empty nesters who will be downsizing and will have equity in their homes
so they do not think they will need to be sensitive to the talk about recession and higher interest
rates. He noted that their intent is to only build the model home if it is needed, depending on the
timing. He stated that the expectation is that they will build next spring and be ready to move
forward with all 7 units. He noted that when they had originally put together their plan, they had
expected to be further along in the process by now. He noted that he is not concerned about any
of the conditions and expectations raised by staff because they all appear to be very logical but
reiterated that many of them may not end up being relevant because they may not even have a
model and will just move right into building the actual products.
Vice-Chair Riedel opened the Public Hearing at 7:56 P.M. noting the procedures used in a Public
Hearing.
Paul Cossette, 5570 Shore Road, stated that he feels the City has done a fine job assessing what
will need to be done with the assumption that a PUD is approved. He stated that he believes their
issue is that they do not believe a PUD should be approved because the things being done under
the guise of a PUD do not necessarily fit with the zoning that is there or the neighborhood
development the way it is now. He stated that the impact of the variances being discussed do
impact the people in the neighborhood and the atmosphere that is there. He stated that if it
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remained under the existing zoning he did not feel they would have those issues. He stated that
their first issue is with the significant amount of trees that will be removed because it is essentially
two-thirds of the trees in the area and to scrape most of the remaining area to turn it into a parking
lot. He stated that those trees provide a tremendous amount of noise protection and are visually
very important and the replacement trees are very small. He explained that his next issue was
related to the capacity of the lift station that is in place because this will add a significant amount
of people onto the lift station. He stated that his basement is the lowest thing in the entire area,
so when the lift station doesn’t work, which has happened, his basement floods with raw sewage,
which obviously causes him concern. He stated that he is also concerned about the stormwater
run-off and noted that the way it is set up with the pond is very good for standard rain and standard
run-off, but the applicant admits in their information that once it is over a 1 inch rain the water will
flow down the street and into Como and into the pond across the street, which happens to be in
front of his house. He expressed concern about the sizing of the watermains and asked that if
this is approved and moves forward under the PUD that they are sized so the neighborhood could
connect up to City water, which he thinks the majority would like to do if it were an option. He
stated that he felt the variances being asked for were significant and noted that the closer
proximity of the buildings mean that it will be a much more dense neighborhood which is not
allowed under the current zoning and, in his opinion, is not appropriate for the neighborhood. He
stated that he questioned how the neighbor in the nearby house will be effected by the large
retaining wall that is planned.
Scott Smith, 6313 Loch Moor Drive, Minneapolis, stated that he was an attorney representing
Donna Watts and Bill Hitler who are the fee owners of Lot #11. He stated that he would like to
discuss this lot in relation to the project and noted that he heard Planning Director Darling’s
comment relative to the easement issue but noted that he would vociferously disagree with the
notion that the impacts of this project, if approved, upon Lot #11 and the easement holders, are
beyond the purview of the Commission. He stated that he feels the Commission is charged with
considering the impacts in a variety of circumstances that this project, as proposed, may have on
things like vegetation, trees, tax base, parking, and traffic. He stated that the impact that this
project may have on the Lot #11 easement holders rights, are something that they ask the
Commission to consider and deal with. He stated that his clients are opposed to this proposal
and urge the Commission to recommend denial. He stated that he assumed that the Commission
was generally familiar with the fact that there are easements on most of the Radisson Inn Addition
properties that allow them to use Lot #11 for certain purposes. He stated that the problem is that
this project is being marketed that it has homes with access to Christmas Lake, however the only
such access is through Lot #11 because these properties are not on Christmas Lake. He stated
that thinks that Lot #11 becomes an important part of the puzzle for the Commission to consider
even though there have only been two references to Lot #11 in the materials submitted to them.
He noted there was really nothing said that addresses how the developer will address the impact
of multi-family housing with seven families on two lots and how it will burden both the owners of
Lot #11 and the others who are entitled to use it through existing easements. He stated that the
lack of discussion in the proposal on this issue feels problematic. He noted that he sees the bigger
problem as shoehorning seven families into two lots that were created in 1939 which is not allowed
under these facts by Minnesota law. He stated that the ‘black letter law’ in Minnesota is that an
easement shall not be enlarged by legal construction beyond the objects originally contemplated
by the parties. He stated that it raises the question of what the intent was when the easement
was created in 1939 regarding the number of people who would be entitled to access Lot #11.
He stated that he thinks that the original intent was never for multi-family dwellings or multiple
families living on single lots to have full access rights. He stated that this was easement was
originally created, the properties being discussed were Lots #24 and #23 and referenced page 14
of the packet material submitted by the applicant of Registered Land Survey N. 730 which is
referenced as Lot #23 and explained that Lot #24 runs to the north. He explained that he believes
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the original intent of the grantor of this easement was that there would be two lots and two
dwellings which would be the burden on Lot #11.
Commissioner Eggenberger asked if there was any evidence to show that they thought those lots
would never be divided.
Mr. Smith stated that is a fair point, but he knows of no evidence that indicates that the lots could
not be divided, however they do know that Lot #23 was essentially divided into 8 tracts of land.
He explained that he still goes back to the original intent of the grantor from 1939 because
according to Minnesota law you cannot impose the additional burden of having those families on
that lot beyond what was intended at the time of the creation of the easement.
Vice-Chair Riedel stated that the City does not grant private easements, adjudicate disputes over
easements, or enforce easements which is a matter for the courts. He stated that some of the
discussion happening here is directed at the wrong audience and the disputes over the easement
are not relevant to the discuss of the zoning criteria that is before the Commission. He stated that
he would not discourage discussion or comments but wanted to make it clear that the discussion
could not be done to debate the validity or impact of the easements.
Commissioner Huskins stated that Mr. Smith has used the term ‘burden’ which he is interpreting
as meaning the number of people that are entering and leaving through Lot #11. He asked how
many homeowners had this deeded easement today.
Mr. Smith stated that he believes the number is in the vicinity of 20.
A man from the audience stated that the number is 13.
A different man stated that this number was not correct.
Mr. Smith suggested that he get the exact number and submit it to the City within a day or two.
He stated that the question raised by Commissioner Huskins is good because this is potentially a
precedent setting decision because there may be other properties in the Radisson Inn Addition
that have the same easement rights and other developers may want to come and build multi-
family units as well. He stated that he would disagree with Vice-Chair Riedel that this discussion
is beyond the purview of the Planning Commission because they are charged with considering
the potential impacts of the changing in zoning on the existing community. He reiterated that he
did not think Minnesota law allows the developer to pyramid 7 new easement holders out of an
estate on two lots that was clearly never intended for this purpose by the grantor in 1939.
Vice-Chair Riedel noted that he agreed with Mr. Smith’s first point, but not his second point. He
explained that he would agree that, very broadly, it is within the Commission’s purview to consider
this issue, but he disagreed that it is for the Commission to consider the legality of the subdivision
because that is a matter to be argued before the courts. He stated that he would agree that it is
within their purview to consider the impact of the subdivision, which includes the easement.
Mr. Smith stated that about five years ago there was a petition that was put forward relative to the
use of the dock at Lot #11 to expand the number of boats that would be allowed to tie up there by
easement holders. He stated that this was a legal issue and noted that the Council got an opinion
from the city attorney, but they ultimately rejected the application because it was prohibited by
Lake Minnetonka ordinances.
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Vice-Chair Riedel noted that he feels there is a critical difference in this situation because in the
City’s zoning code there is language that pertains to the use of the docks and there is nothing in
the City code that pertains to easements and easements rights because that is a State issue.
Commissioner Eggenberger asked what ‘additional burden’ he and his clients were concerned
about.
Mr. Smith explained that it would be things like added traffic, waste, potential for damage, and
leaving water toys around. He stated that the traffic alone makes the property less marketable.
He stated that adding 7 new families was not a burden that his clients contemplated when they
acquired Lot #11 in 2015.
Michael Cohen, 20640 Radisson Road, stated that his boundary touches the boundary of Maple
Shores. He stated that he has been a steward of taking care of Lake Como for the last 35 years.
He stated that he would like to know exactly the percentage of acre, per unit, that is being allowed
on this PUD because he owns 3 acres right next door. He stated that according to the comment
from Mr. Smith, the City will set the precedent which means he could do the same thing as is
being proposed, but noted that the neighborhood was never designed for 14 twin homes. He
stated that the City cannot simply decide to approve these actions for one person and not for
another. He noted that Mr. Cossette mentioned the lift station and noted that the low point of the
hill has a lift station which does not have a gen set so when the power goes out the lift station fails
because there is not generator. He stated that if 7 new homes are added, he thinks they need to
consider the cost of a generator to lift the sanitary waste from those additional homes. He
explained that he has good feelings about the new neighbors and thinks they are wonderful people
but asked the Commission to realize that if they are allowed to develop, he can also develop. He
stated that if they determine that they can add more access to Lot #11, so can he. He stated that
it is unfortunate, but there has been fraud in this transaction. He stated that there is a template
for the 13 families that won, at an enormous cost, a 10-foot easement and 121 feet of usage with
a dock. He stated that when Mr. Chamberlain bought the property, the verbiage was in his packet,
which is total fraud because he was not allowed that. He stated that three months after it was
bought, it was switched back so he feels Mr. Chamberlain was duped on this transaction. He
stated that he feels it makes a huge difference on the price he can sell these for, the quality they
can be built with if this property, which is lake adjacent, can get to the lake versus not being able
to get to the lake. He stated that he believes this is the oldest easement in the State as well as
the most litigated easement. He stated that he would suggest that before anything goes forward
that the legal team from the fee holder and the builder get an adjudication from the courts so they
know exactly what they can sell.
Paula Callies, 20466 Radisson Road, stated that her home is across the street from the
development. She stated that she agreed that this was the wrong venue for a discussion around
Lot #11 and agreed with the suggestion by Mr. Cohen that there should be some other legal
remedy. She stated that she feels the arguments made by Mr. Smith were very cogent but
reiterated that she feels this is the wrong venue. She stated that she appreciated the questioning
by Commissioner Eggenberger and explained that she doesn’t really care if there are 7 more
people who can walk down to the lake but noted that there is a limit on how many boats can be
there, nor can there be another dock. She stated that this is a long-standing issue and explained
that when her property was subdivided, they received the benefit of that easement so there may
be other properties that can also be subdivided. She stated that this proposal would be a change
for them personally and explained that it has been a nuisance property, so they are looking
forward to having it cleaned up and improved compared to what is currently there. She stated
that she could also say that she wishes that it would be one single family home in this location,
but doubts that would be a realistic expectation. She stated that she would be in favor of a quality
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development and feels that Mr. Cameron has been responsive in listening to the neighborhood
thus far, and has reduced the density, which she feels is positive. She noted that she did have
some concerns about the sight lines. She explained that she felt the conditions recommended
by staff appear to be reasonable and the applicant has expressed willingness to comply with them
which is also positive.
Commissioner Huskins asked if Ms. Callies was advocating that the matter relating to Lot #11 be
adjudicated prior to approval by the City.
Ms. Callies stated that she did not think the City had any authority to require that. She stated that
it would be great if it could be resolved but noted that it has been going on for a long time. She
noted that there is different easement language for different properties.
Commissioner Huskins stated that his understanding is that this is not something that they could
make as a condition of approval and would become part of the applicants’ decision-making
process as to whether or not it is a risk that they wish to take to build the development.
Vice-Chair Riedel asked if there were any residents present who wanted to speak about issues
other than Lot #11 such as screening and traffic.
Mr. Cohen stated that if the assumption is made that all 7 homes are sold it would bring an
additional 14 cars. He stated that there is an extremely narrow curve on Radisson Road near Al
Peterson’s house that is only wide enough for one car to pass through at a time. He stated that
by adding 14 cars and not having this be a through-way is a concern. He stated that he believes
they can live with it as long as the people realize that there is an easier and safer way out. He
expressed concern about the heavy equipment and construction traffic and stated that he didn’t
feel they should ever go through that narrow portion.
Vice-Chair Riedel stated that currently there is a lot of green space and that will change with
development. He stated that Highway 7 is very noisy and asked how residents felt about this
change in screening.
Mr. Cohen stated that the noise of Highway 7 is based on the road surface which has improved
over the years greatly. He stated that because of the large drop in elevation he thinks the noise
will go over this property. He noted that on his property when the trees lose their leaves he can
see Highway 7. He stated that Mr. Chamberlain did a great job with their tree planning and feels
that he has completely respected his view which he appreciates.
David Downes, 20465 Radisson Road, asked about the comments shared about the lift station
and asked if he was correct that this lift station was about to be replaced.
City Engineer Budde stated that he was not aware of that plan.
Mr. Downes stated that he understands that trees are coming down, but houses will be going up.
He explained that when they built their home, noise from Highway 7 was a major concern but it
has really been a non-issue so he did not think there would be a very significant change with
these plans.
Mr. Cossette stated that he thinks there is a lot of concern about the trees coming down and the
potential noise it may create for certain residents. He suggested that there be an independent
sound analysis of what this will cause with the removal of the trees. He stated that he thinks that
the homes will block some of the noise, but it may also push noise over.
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Mr. Cohen asked about the holding pond in the back of the property. He stated that his
understanding is that the drain for the holding pond will be into Lake Como and asked what
permits would be necessary in order to allow this overflow.
Vice-Chair Riedel stated that the holding pond is part of the stormwater management plan
submitted by the applicant to capture the additional water from the new impervious surface. He
stated that it was designed to capture and infiltrate water but the overflow during significant rain
events would drain into Lake Como.
City Engineer Budde explained that the applicant would need a permit from the Minnehaha Creek
Watershed District and if they work within the ordinary high water level of Lake Como they will
also need a permit from the DNR.
Planning Director Darling suggested that the Commission may want to take a brief break.
Vice-Chair Riedel recessed the meeting at 8:48 p.m. and reconvened at 8:51 p.m.
There being no additional public comment, Vice-Chair Riedel closed the public hearing at 8:51
p.m.
Mr. Chamberlain stated that he appreciates the feedback they have gotten and noted that he had
spoken with some individuals and tried to resolve many of these issues already. He stated that
their stormwater design meets the requirements by the Minnehaha Creek Watershed District and
has gone through all the appropriate processes. He stated that regarding the trees, they are
required to give an arborist tree survey on the property and were not required to do the 60 feet
from the blacktop of Highway 7 to the property boundary. He stated that they are planning to take
the property down even further than it already is, so whatever noise is coming across those trees
and continuing out will continue because he cannot put a barrier at the highway level. He stated
that they tried to keep a ring of trees around the entire development and create a sort of enclave
inside. He stated that he feels this type of housing is truly needed in the area. He understands
that change can be hard but feels this is needed and noted that they are not planning to build
something that is ugly. He stated that he is hoping that this will be kind of a timeless, Frank Lloyd
Wright type style. He stated that they are doing cheap, low-end construction.
Vice-Chair Riedel stated that the tree removal is one of the most significant aspects of this
proposal. He stated that as one of the residents stated, if this were just an R-1A parcel with 6
acres, with the wetland buffers there may be able to be one or two homes, which means they
most likely would have removed far fewer trees. He stated that in exchange for cutting down a
lot of trees, they are accepting restrictions as part of the PUD. He stated that he feels that staff
has done a good job of emphasizing the need for screening and strategic planting of trees. He
stated that he feels that the right to develop at a higher density should have a commensurate
higher burden to provide screening to preserve the character of the neighborhood, which currently
has a lot of green space.
Mr. Chamberlain stated that he totally agreed and assured the Commission that they were on
board with that idea. He stated that he didn’t think many people understood that there are 5 lots,
with one that could probably be subdivided again, but they do not conform so there are processes
in the City that allow them to deal with non-conforming lots. He stated that would be 6 lots and
he is asking for 7, but to cluster them together as guided in the Comprehensive Plan and meld it
together into one package that makes sense.
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Vice-Chair Riedel stated that there are 5 lots of record.
Someone from the audience asked to make a comment.
Vice-Chair Riedel reopened the public hearing at 8:59 p.m.
Gregory Hofstede, 20480 Radisson Road, asked about the retaining wall because he feels there
are some elevation issues in the way the drawing is currently shown.
There being no additional public comment, Vice-chair Riedel closed the public hearing at 9:00
p.m.
Mr. Chamberlain explained that it almost looks like there was a road that was carved out in the
middle of the property. He stated that it is high in the middle and then goes down on both sides
so in order to get a building pad, they have to flatten that area which means the actual elevations
will drop. He stated that as they blend the hill coming down onto the sides, the ends of the
retaining walls will just be 1 foot and will be blended on the sides.
Vice-Chair Riedel asked about the building materials planned for the retaining wall.
Mr. Chamberlain stated that the retaining wall will be engineered and will not be boulder wall.
Vice-Chair Riedel asked if in there were any plans for screening at the base of the wall to kind of
hide the wall.
Mr. Chamberlain stated that he cannot because it is in the wetland buffer.
Vice-Chair Riedel noted that once the soil has been disturbed to build a retaining wall, he believes
they would be permitted to plant shrubs right in front of it.
Mr. Chamberlain stated that he believes that would be determined by Minnehaha Creek
Watershed District, so they could ask if they could put shrubs in.
Vice-Chair Riedel stated that he understanding is that you are not allowed to cut things down in
a buffer zone but you are allowed to plant in a wetland buffer zone.
Commissioner Eggenberger noted that many times the City will see tracts of land that the
neighbors don’t want anything to be built there. He stated that he would agree with the comments
made earlier that the Lot #11 issue is not the Commission’s issue. He stated that he is perhaps a
bit more concerned about the lift station and watermain issues and suggested that it may be a
good idea to look more closely at those issues. He stated that overall he thinks this is a reasonable
plan and noted that he disagreed with the notion that this project would be precedent setting if
this is allowed. He stated that he plans to recommend approval with the conditions as
recommended by staff.
Vice-Chair Riedel suggested that the Commission could add a condition related to the lift station.
Commissioner Huskins stated that he agreed with Commissioner Eggenberger’s concerns about
the lift station. He stated that, in general, he is favorable towards the proposal. He stated that he
also agreed that the issue related to Lot #11 was not the Commissions issue but will be for the
applicant.
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Commissioner Holker stated that she was also in favor of recommending approval of this proposal
and noted that she appreciated the way it has been tucked in and that it is a smaller density
development.
Commissioner Huskins suggested that in addition to a condition about studying the lift station
situation he thinks there could also be the opportunity to take a look at the trees and the sight
lines.
Vice-Chair Riedel stated that the issue of Lot #11 is very complex and reiterated his statement
that the City does not adjudicate, enforce, or pass judgement on easements. He stated that the
issue of the subdivision and the easement that goes with it, is broadly relevant here however there
is really nothing for the Commission to discuss. He stated that the final point made by Mr.
Chamberlain was a strong point that they own 6 acres in R-1A that has 5 lots that are all
substandard, but if you own property in this district, you are generally allowed to build on it. He
stated that he believes that variances would be needed in every direction which would not be
desirable. He stated that a PUD that proposes 7 homes is a compromise but agrees with
Commissioner Holker that this seems very well laid out in the way they are tucked into the area.
He stated that it appears that staff and the applicant have worked hard to minimize the impact
and noted that he also intends to recommend approval. He stated that there has been discussion
of the lift station and questioned whether that should be included as a condition or if it could just
be a directive to staff.
City Engineer Budde stated that the City is planning to rehab that lift station this year which means
replacing a lot of its ‘guts’ and making sure that it will function long term. He explained that the
rehab will not change the capacity of the lift station because it already has adequate capacity for
this development. He stated that he would agree that it is vulnerable with power outages which is
something he will discuss with Public Works because this could be a good time to do something
about that as part of the rehab process. He stated that he will follow up and provide a summary
that explains more specifics of the lift station and how this development would change it to make
sure everyone understands it clearly.
Commissioner Huskins asked if they could also get some information about the retaining wall and
what types of screening would be possible.
City Engineer Budde stated that they can get feedback on that.
Planning Director Darling stated that regarding the wetland buffers, the two jurisdictions, the City
and the Minnehaha Creek Watershed District have a different sized buffers and are both applying
the required buffers to this development. She stated that the City’s buffer is 35 feet for the wetland
buffer itself and in that area they would not allow any construction and tree removal would be
limited to just noxious weeds and diseased trees. She explained that the Minnehaha Creek
Watershed District requires 40 feet for the wetland buffer but they do allow some flexible
averaging. She noted that the DNR has asked that the entirety of the Minnehaha Creek
Watershed District be included in the conservation easement. She explained that typically once
there is a conservation easement you do not want any additional landscaping and simply preserve
the natural habitat that is there, but there are times when there may be a lot of deadfall or diseased
trees that the area needs to be re-vegetated to prevent erosion by using some type of native
plantings. She stated that additional trees or shrubs could be added at the top end of the wetland
buffer but would not want to get so close with the root systems that the retaining wall may be
destabilized.
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Commissioner Huskins stated that earlier in the meeting Commissioner Eggenberger had made
a statement about his concern regarding the ash trees and asked if the applicant had any
feedback on that issue.
Planning Director Darling stated that after the meeting she could go through on the ‘saved’ trees
and determine how many of those would be ash trees.
Commissioner Eggenberger asked who was responsible for removing the ash trees if they are
diseased.
Planning Director Darling stated that if there is documented ash borer on private property, they
would have to issue orders for their removal. She explained that if they were in the public right-
of-way, then the City would be responsible. She stated that they know the emerald ash borer is
marching this way, and is present in the surrounding communities, however, there has only been
one documented case, to date, in the City.
Vice-Chair Riedel reminded attendees that the Planning Commission was just an advisory body
and that the final decision would rest with the City Council.
Planning Director Darling agreed and noted that there are a few more steps in the review and
approval process if this moves forward. She stated that the Parks Commission will also review
the development for its impact to the park system in the City on August 16, 2022. She stated that
on August 22, 2022 the City Council will hold a second public hearing on this application. She
stated that if the Council approves the plans, the next step would be to submit a Final PUD and
Final Plat which would take all of the conditions and incorporate them into the plans and resubmit
with final details required.
Eggenberger moved, Huskins seconded, recommending approval of the request for
rezoning from R-1A to Planned Unit Development; PUD Concept and Development Plan,
and Preliminary Plat for ‘Maple Shores’ for property located at 20430 Radisson Road and
four adjacent unaddressed parcels, subject to the staff recommendations. Roll call vote:
all in favor, motion passed 4/0.
Commissioner Eggenberger asked staff to look into the lift station issue prior to the City Council
meeting.
Vice-Chair Riedel asked staff to also take a look into the ash borer issue and the ratio of tree
replacement that may be necessary.
5. NEW BUSINESS
A. Liaisons for City Council Meetings – August through December
August – Commissioner Riedel
September – Commissioner Eggenberger
October – Commissioner Holker
November – Commissioner Riedel (tentative)
December – Commissioner Huskins
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 2, 2022
Page 14 of 14
6. REPORTS
• Council Meeting Report
Council Liaison Gorham reported on matters considered and actions taken during the Council’s
recent meetings.
• Draft Next Meeting Agenda
Planning Technician Carlson noted that there are a few applications coming up for the next
meeting: an addition to a non-conforming house; a CUP for a privacy fence; and a Preliminary
Plat for an outlot that will be converted into a single-family lot.
7. ADJOURNMENT
Huskins moved, Holker seconded, adjourning the Planning Commission Meeting of
August 2, 2022, at 9:34 P.M. Roll Call Vote: Ayes – all. Motion passed 4/0.
#7B
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Rezoning, PUD Concept/Development Stage Plan, Preliminary Plat for
Maple Shores
Applicant: Chamberlain Capital, LLC.
Location: 20430 Radisson Road and four adjacent unaddressed parcels, all on the
south side of Highway 7
Meeting Date: August 22, 2022
Prepared by: Marie Darling, Planning Director
Review Deadline: September 16, 2022
Attachments: Engineers’ Memo dated August 17, 2022
Planning Staff Memorandum
Ordinance approving a Rezoning
Resolution approving a PUD Concept/Development Stage Plan
Resolution approving a Preliminary Plat
Background: See attached memorandum for detailed background on this item as well as the
report for item 5A on this agenda.
The applicant proposes to subdivide the subject properties into 7 lots for new single and two-
family homes and one open space outlot. This proposal includes the following requests:
A rezoning from R-1A to Planned Unit Development (PUD)
stnd
A PUD concept and development plan (the 1 and 2 steps of the three-step process)
st
A preliminary plat (the 1 of 2 steps in the subdivision process)
At their August 2, 2022 meeting, the Planning Commission voted unanimously to recommend
approval of the item, subject to the conditions listed in the staff report.
They also requested that the Council consider the option of whether or not to require all the
ash trees to be removed with development. Staff addressed this concern with the public
testimony provided. This would result in about 25 additional trees removed.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\\Planning\\Planning Files\\Applications\\2022 Cases\\Maple Shores 20430 Radisson Road\\CAF Memo.docx
At their August 16, 2022 meeting, the Parks Commission considered the park impact of the
project and recommended fees in lieu of land dedication and private ownership of the open
space outlot.
Public Testimony: Notice of the application was published in the official newspaper at least
10 days prior to both public hearings (August 2, 2022 at the Planning Commission and August
22, 2022 at the City Council) and mailed notice was sent to all property owners within 750
feet of the subject property. The applicant held a neighborhood meeting prior to submission.
Financial or Budget Considerations: The application fees cover the cost of processing the
request. Developments are required to pay fees for utility connections and park dedication.
Recommendation / Action Requested: Staff and the Planning Commission recommend
approval of the request for a Rezoning to PUD, a PUD concept and development stage plan
and a preliminary plat for Maple Shores on property located at 20430 Radisson Road and the
four adjacent vacant parcels, subject to the findings and conditions in the attached
ordinance/resolutions.
Motion requires a 3/5 majority to adopt.
Should the City Council determine another course of action is more appropriate, staff
recommend referring the item back to staff to draft the appropriate findings-of-fact.
Next Steps and Timelines: If the City Council approves the request, the applicant would need
to submit a PUD final stage plan and final plat application as well begin acquiring other
jurisdictions approvals.
MEMORANDUM
Date:August17, 2022
To:Marie Darling, Planning Director
From:Matt Bauman, PE, Andrew Budde, PE
Subject:20430 Radisson Road/Maple Shores Revised Preliminary Plat
City of Shorewood
Project No.: 0C1.123603
The following documents were submitted for review of compliance Local
Surface Water Management Planand Engineering Standards:
Certificate of Survey dated 12/19/2021
Civil Plansrevised dated 6/29/2022
Stormwater Drainage Reportrevised dated 6/29/2022
Landscape Plan revised dated 6/30/2022
Response letter to Bolton & Menk 5/26/2022 comments
This review only included the documents listed above, primarily dealing with grading, modelling,and
stormwater management.
Notes:
1.Public infrastructure shall be constructed in accordance with City Standard Details and
Specifications.
2.The property must meet the City of Shorewood Surface Water Management Plan Regulations
(Section 5.3)
3.Full detailed review of drainage report not completed at this time, but will be analyzed in more
detail once soil borings obtained. Current stormwater management plan appears to meet City
standards.
4.List NWL Lake Como on Grading and Utility Sheets.
a.Notedthat DNR and Watershed do not have this information currently.
5.The watermain casing on the south end terminates under the roadway. Have thecasingterminate
closer to the MnDOT ROW so that if the line needs to be replaced in the future thereis some
green space to work in instead of tearing up the street.
6.U
7.
up the entrance.
8.Consider movingSTMH 7 closer to the toe of the slope and near pipe station 1+50 so that it can
capture water from the slopeand reduce erosion concerns.
9.STMH 6 should have a slight berm on the down slope side to help ensure it captions water into
the pipe instead of bypassing and causing erosion.
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Name:20430 Radisson Road/Maple Shores
Date:August 17, 2022
Page:2
10.The trees by the watermain connection on the north side of TH 7 may have root impacts. If, ash
we should include them for removal.
11.Retaining wall is 18 feet tall and at this point not sure how deep the reinforcement would be until
its designed. That reinforcement may be very and may not be
able to be replaced without demoing (or significant shoring) of the buildings.
12.Confirm if the WMOwill allowadditional trees be planted in the wetland buffer in front of the
retaining wall to help provide screening?
Prior comments noted to be addressed with Final Plat:
1.Provide soil boring data once completed and updated stormwater drainage report as required.
2.Provide groundwater data and verify that the low floor elevations are:
a.4.0 feet above groundwater elevations in the area.
b.2.0 feet above known historic high groundwater elevations.
c.1.0 feet above the 100-year high water elevation.
3.Verify that there is at least 3.0 feet of separation from the bottom of the infiltration basin to the
groundwater elevation.
4.Owners of private stormwater facilities shall enter into an agreement with the City describing
responsibility for the long-term operation and maintenance of the stormwater facilities and shall
be executed and recorded with the final plat. An operations and maintenance plan for the
proposed stormwater system should be included with future submittals.
5.
6.Ensure adequate fall protection for the retaining walls.
7.Irrigation mains are not allowed in City Right of Way without an encroachmentagreement and
subject to the approval of the City Engineer.
8.Developer shall obtain all permits before approval of final plat. Specific permits to consider early
in the process include:
a.A stormwater management and erosion and sediment control permit will be required with
Minnehaha Creek Watershed District.
b.A permit will be required with MnDOT for Utility Crossing in the right of way.
Exhibit D - Certificate of Survey
Exhibit G - Preliminary Arch Plans 1 of 3
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CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO. 591
AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2.
OF THE SHOREWOOD ZONING CODE – THE SHOREWOOD ZONING MAP
(MAPLE SHORES PUD)
Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include
the property described as follows into the PUD (Planned Unit Development) zoning district:
Lot 24, Radisson Inn Addition, and Tracts A, B, C, D, H, I, J, and K, Registered Land
Survey No 730, all in Hennepin County, Minnesota;
Section 2. Failure of the Developer, its successors and assigns to comply with the conditions of
approval for the PUD to be called “Maple Shores PUD”, may result in the re-zoning of the property
back to R-1A, Single-Family Residential.
Section 3. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the
City of Shorewood to include the property in the PUD., Planned Unit Development zoning district.
Section 4. That this Ordinance shall be in full force and effect upon publishing in the Official
Newspaper of the City of Shorewood.
nd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of August,
2022.
Jennifer Labadie, Mayor
ATTEST:
Sandie Thone, City Clerk
RESOLUTION 22-078
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A PUD CONCEPT AND DEVELOPMENT STAGE PLAN
FOR MAPLE SHORES PUD TO BE LOCATED ON PROPERTY AT 20430 RADISSON ROAD
AND FOUR ADJACENT VACANT PROPERTIES
WHEREAS, Chamberlain Capital, LLC (the “Applicant”), has submitted a request for a PUD
Concept and Development Stage Plan for a development to be called “Maple Shores PUD” (the
“Request”) for the property legally described as:
Lot 24, Radisson Inn Addition, and Tracts A, B, C, D, H, I, J, and K, Registered Land
Survey No 730, all in Hennepin County, Minnesota; and
WHEREAS, the Request has been submitted in the manner required for the development of
land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all
proceedings have been duly consistent thereunder; and,
WHEREAS, said Request is consistent with the regulations and requirements of the laws of the
State of Minnesota and the City Code of the City of Shorewood for the approval of such a
request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the
Request for the development of seven single and two-family homes to be called “Maple Shores
PUD”, is hereby approved, subject to the following conditions:
1. The PUD Concept and Development Stage Plan is approved contingent on the approval of
Ordinance 591 approving a rezoning.
2. The PUD Concept and Development Stage Plan is approved to allow seven, one and two-
story, single and two-family homes as permitted uses according to the plans and materials
received March 22 and 23, May 19, June 15 and 30, 2022.
3. The permitted accessory uses within the development shall be as allowed in the R-1D
zoning district, except that the following are prohibited: the storage or parking of
recreational vehicles or equipment outside the attached garage; detached accessory
buildings, including but not limited to tool sheds, greenhouses, conservatories, and the like;
and no garage space may be rented to other persons.
4. The development standards shall consist of the following:
a. Minimum setbacks from the property lines shall be as follows:
1) From the Radisson Road right-of-way: 35 feet
2) From the Highway 7 right-of-way: 50 feet
3) From the curb of the private street to the garage doors: 20 feet
4) From the interior side property lines: 10 feet
5) From the wetland buffers: 15 feet
6) No dwelling unit may extend beyond the unit lot lines into the common area and the
HOA documents shall be drafted to reflect the restriction.
b. Height: No dwelling shall exceed 35 feet or as shown on the plans submitted May 19,
2022.
c. The HOA documents shall include a requirement that a minimum of two spaces in the
garage shall be reserved for parking of personal vehicles.
5. Model home: One model home with a sales office shall be permitted subject to the
following:
a. The model home/sales office is allowed until permits are issued for all four structures.
At that point, it must be converted back to a home and the parking area removed.
b. An off-street parking area with a gravel or asphalt surface shall be constructed with a
pathway leading to the model home, with one handicapped accessible space.
c. Any lighting for the model home shall be limited by the lighting regulations in Chapter
1201.03 Subd. 2. v. and shall be turned off one hour after the real estate office closes
or 8 p.m., whichever is earlier.
d. Temporary signage for the model is limited to a combined total of 30 square feet in no
more than two signs.
e. A handicapped accessible port-a-potty shall be provided adjacent ot he model home
unless handicapped accessible facilties are provided within eh unit.
f. No flags (except the US flag) pennants, banners or streamers shall be installed on the
property.
g. The model home permit shall not be issued until the utility work is complete and the
curbs and aggregate base of the street is constructed.
6. The Applicant’s proposal to export 5,840 cubic yards of fill is approved subject to the
following:
a. The Applicant shall submit a geotechnical report from a licensed professional engineer
prior to issuance of any permits that indicates that the soils present on the site and as
brought in are adequate to support the construction of the homes and other structures.
b. The Applicant shall restore all disturbed portions of the property with slopes no steeper
than 3:1.
c. The Applicant shall install a double row of silt fence to protect the wetlands and must
show the double fencing on the plans.
d. The Applicant shall restore ground cover within seven days after grading is completed.
e. The Applicant shall submit a construction management plan.
f. The truck route shall be from Old Market Road via Radisson Road to the site, with
no truck traffic westbound on Radisson Road.
7. A subdivision sign shall be permitted with this development subject to the limitations in
1201.03 Subd. 11 e. (1) (a) and shall be at least five feet from public rights-of-way.
8. The required lot areas and widths for each residential property shall be as shown and
approved on the final plat.
9. The approval for the PUD Development Stage Plan shall expire in six months from the date
of approval if the Applicant has not submitted a complete application for PUD Final Plan,
except that the Applicant may request an extension to the approval subject to the
requirements of Section 1201.25 Subd. 6. c. (5).
2
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD Minnesota on
August 22, 2022.
___________________________
Jennifer Labadie, Mayor
ATTEST:
_______________________________
Sandie Thone, City Clerk
3
RESOLUTION 22-079
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A PRELIMINARY PLAT
FOR MAPLE SHORES FOR PROPERTY LOCATED AT 20430 RADISSON
AND FOUR ADJACENT VACANT PROPERTIES
WHEREAS, Chamberlain Capital, LLC. (the “Applicant”), has submitted a request for a
preliminary plat under the Shorewood City Code and under Chapter 462 of Minnesota Statutes ;
and
WHEREAS, the property is legally described as:
Lot 24, Radisson Inn Addition, and Tracts A, B, C, D, H, I, J, and K, Registered Land
Survey No 730, all in Hennepin County, Minnesota; and
WHEREAS, the request for the preliminary plat has been submitted in the manner required for
the platting of land and the review of variances under the Shorewood City Code and under
Chapter 462 of Minnesota Statutes, and all proceedings have been duly consistent thereunder;
and,
WHEREAS, said preliminary plat is consistent with the Shorewood Comprehensive Plan and
the regulations and requirements of the laws of the State of Minnesota and the City Code of the
City of Shorewood, subject to the conditions listed herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the
preliminary plat to be called “Maple Shores” is hereby approved, subject to the following
conditions:
1. The preliminary plat is approved contingent on the approval of Ordinance 591 approving a
rezoning and Resolution 22-078 approving a PUD Concept and Development Stage Plan for
Maple Shores.
2. The preliminary plat for seven lots for single and two-family homes and an outlot is approved
according to the plans and materials received March 22 and 23, May 19, June 15 and 30,
2022.
3. With the final plat application, the Applicant shall submit all information required for the PUD
final plan/final plat in the zoning and subdivision regulations, as well as the following,
consistent with City Code, and the engineering guidelines/specifications:
a. The homeowner association (HOA) documents, which must include disclosures on the
maximum impervious surface coverage per lot and language addressing maintenance of
the wetland buffers and signage, stormwater features, subdivision monument signage
and all other common elements, as well as prohibitions on accessory buildings, storage
of recreation vehicles or equipment outside the home and the requirement that two
parking spaces in the garage must be reserved for passenger vehicles.
b. The legal descriptions for the conservation easements (at the distance required by the
DNR) and the maintenance agreement. The legal descriptions must include the entirety
of the parcel within the lake, wetland and the farther extent of either the city’s or
MCWD’s wetland buffer.
c. An evaluation completed by a certified arborist of the questionable ash trees noted on
the inventory with documentation of any ash borer disease.
d. The construction management plan including, but not limited to: the haul route for the
material to be exported, contractor parking, how deliveries will be made without blocking
public streets, where storage of materials will occur on site, hours of construction,
reference the erosion control plan and how often streets will be swept. The off-street
parking area must be available until the permit for the last structure is issued. The city
reserves the right to prohibit construction parking on the private drive to ensure
adequate access of emergency vehicles.
e. The assignment of impervious surface coverage for each lot not to exceed 25 percent for
the total development or the design of the storm water management plan for the
subdivision, whichever is less.
f. Revised plans consistent with the Engineer’s Memo dated August 17, 2022; the DNR’s
memo dated July 17, 2022; the Excelsior Fire Marshalls comments dated July 13, 2022;
and as follows:
1) Revise the tree preservation plan to show the location of tree preservation fencing
and indicate removal of trees 165 and 166 located in the right-of-way. To be
considered saved, no activity is permitted within the drip line of tree.
2) Revise the landscaping plan to: 1) add additional trees in the common areas where
they wouldn’t obstruct the storm water and would obscure off-site visibility of the
retaining wall; 2) provide a plant schedule with the size of all trees at planting
consistent with the tree preservation policy; 3) indicate the ground cover proposed
throughout the development and the disturbed portions of the public right-of-way;
and 4) any proposed plantings that would be used to reestablish the disturbed
portions of wetland buffers, if applicable.
3) Revise the grading plan to identify: a) the location of wetland buffer monuments at
each lot line and as the buffer changes direction and b) which buffer monuments
would be used, the City’s or the watershed’s.
4. Prior to release of the subdivision for recording, the Applicant shall submit the following:
a. Executed conservation easements, executed development and maintenance
agreements, financial guarantees as required by the development agreement, and the
final draft of the HOA documents.
b. Payment of fees for local sanitary sewer access, watermain connection, and park
dedication in the amounts required at the time of final plat approval.
c. Any required permits from other agencies.
5. Prior to issuance of any building permits, the Applicant shall submit or complete the
following:
a. The applicant shall submit a soils/geotechnical report from a licensed professional
engineer permits that indicates the soils present on the site and brought in are adequate
to support the construction of the buildings and other improvements.
b. The applicant shall submit recorded copies of all documents, such as the plat,
development agreement, maintenance agreement, separate easements, HOA
documents, etc.
6. The preliminary plat shall expire in 180 days if the Applicant has not submitted a complete
application for final plat. The Applicant may request an extension to the approval subject to
the requirements of Section 1202.03 Subd. 2. f. (3).
2
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of August,
2022.
___________________________
Jennifer Labadie, Mayor
ATTEST:
_______________________________
Sandie Thone, City Clerk
3
#7C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Joint Review of Cooperative Housing Project
Applicant: Lifestyle Communities
Location: 24250 and 24320 Smithtown Road
Meeting Date: August 22, 2022
Prepared by: Marie Darling, Planning Director
Reviewed by: Interim City Administrator Shukle and City Attorney Jared Shepherd
Tonka Bay City Administrator Dan Tolsma
Attachments: May 3, 2022 Planning Memorandum
Applicants’ Narrative
Background:
See May 3, 2022 Planning Memorandum for detailed background on the policy issues related to this
potential development.
Request for Direction:
The property owner seeks to move forward on this proposed development. Because the site straddles
the city boundary with Tonka Bay, both cities would need to be involved. Staff is requesting direction
from Council to determine how much involvement by each city they prefer.
Working with the Tonka Bay staff, staff have flushed out three options for an initial course of action
for each of the Councils to consider. Two would require a joint powers agreement:
Option 1 (Boundary Alteration): Move the city boundary and consolidate the two parcels in one of
the two cities with a Joint Powers Agreement to determine how the two cities will share the costs and
benefits of the project and which city would have zoning and permitting authority in perpetuity.
Advantages: No issues with a property line/city boundary running through the building. Zoning and
permitting would be reviewed through only one city.
Disadvantages: Comprehensive Plan amendments for both cities for both land use and the alteration
of the boundaries. Additional process through the state to alter the municipal boundary. If the city
that reviews the proposal denies the application, what happens to the parcel? Do the cities adjust the
line back to the original location?
Example: The Waters development on land that was originally in Shorewood and Excelsior.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\\Planning\\Planning Files\\Applications\\2022 Cases\\24250 Smithtown Road Cooperative Sketch\\CAF August 22, 2022.docx
Option 2 (Delegated Authority): Keep the city boundary as is, with a Joint Powers Agreement
determining which city has zoning and permitting authority over the project and with a determination
on how the two cities would share the costs and benefits of the project.
Advantages: Zoning and permitting would be reviewed through one city. Comprehensive Plan
Amendments for both cities for the land use changes only.
Disadvantages: Foreseeable issues with dual jurisdiction would need to be resolved through joint
powers agreement and title restrictions to prevent sale of either parcel without the other. The city
that accepts delegation also accepts responsibility for the decision and by implication the potential
liability.
Example: This has not been tried in Shorewood previously and staff would be working with examples
in other communities (Golden Valley/St. Louis Park) to see how they accomplished this agreement
with their JPA.
Option 3 (Separate Decision-making): Keep the city boundary as is, with each City retaining
jurisdiction for zoning and permitting over its own parcel. Costs and benefits would not be shared
and each city would serve utilities for their respective parcel. Although this is listed as an option in
theory, staff would not recommend this option as it would not provide a functional procedure long-
term.
Advantages: No upfront negotiations between the cities.
Disadvantages: Two separate review processes through the two cities with each having its own
separate conditions could be overwhelming and create a process where the developer could not
succeed. This would also result in Perpetual negotiations between the property owners and the two
cities. The site would be a challenge for code enforcement in the future as the codes are different,
and some issues would clearly apply to both properties.
Recommendation / Action Requested:
Staff recommend either option 1 or 2 and request Council direction.
Providing direction requires a simple majority.
Next Steps and Timelines:
When the City Council provides direction, staff would notify Tonka Bay staff and the applicant of their
decision.
Memorandum
To:Tonka Bay City Council/Shorewood City Council
From:Jacob W. Steen, Larkin Hoffman
Date:August 9, 2022
Re:Lifestyle Communities: Artessa Tonkawood
Lifestyle Communities, LLC (“Lifestyle”) is proposing to develop the contiguous properties at
24320 and 24250 Smithtown Road (collectively, the “Property”) as an active adult cooperative
with 56 owner-occupied units (“Project”). The combined Property is approximately 2.58 acres
and straddles the municipal boundaries of the City of Tonka Bay (1.12 ac) and the City of
Shorewood (1.46 ac).
In order to eliminate conflicts between redundant city processes, Lifestyle is requesting that the
cities proceed under a joint powers agreement (JPA) under which they jointly exercise their
collective powers governing development of the Property. The JPA will require both city
councils to approve a JPA agreement that outlines responsibilities for the administration of the
Project. Due to the City of Shorewood’s administrative and staff capacity, we recommend that
the City of Shorewood administer the joint zoning powers under the agreement, as follows:
Joint Administration of the Powers (City of Shorewood):
Land use review, preparation of a staff report, and public hearings
Building permit and construction code review
Building and fire inspections
Collecting and distributing fees
Traffic and public works review
This will allow each city to retain its own zoning and taxing authority, while eliminating
redundancies and reduce the burden on staff. Each city would still separately administer the
following powers:
Separate Administration (Both Cities):
Rezoning and land use approvals (requires both cities to act)
Public Works – Utilities review (if applicable)
Taxation and assessments (based on a pro-rata formula)
Review of cross easements over municipal boundary
4858-2862-2371, v. 2
City of Shorewood Council Meeting Item
Title/Subject: Primary Election and Candidate Filing Update
10(A)1
Meeting Date: Monday, August 22, 2022
MEETING TYPE
Prepared by: Sandie Thone, City Clerk/HR Director
Regular Meeting
Reviewed by: Brenda Pricco, Deputy City Clerk
August 9, 2022 Primary Election Update: The Primary Election was held on August 9, 2022
at three precincts in the City of Shorewood. The City of Shorewood currently has the following
four precincts but the precinct located in Cathcart Park, Carver County, has no residents.
nd
Precinct 1: Minnewashta Church at 26710 West 62 Street
Precinct 2: Shorewood Community and Event Center at 5735 Country Club Road
Precinct 3: Excelsior Covenant Church at 19955 Excelsior Blvd
Precinct 4: (Cathcart Park - Carver County)
Voters registered at 7:00 a.m. the day of the Primary were as follows:
Precinct 1: 1929 Registered Voters
Precinct 2: 2735 Registered Voters
Precinct 3: 1290 Registered Voters
Total: 5954 Registered Voters 7:00 a.m. Election Day (5707 in 2020 Primary)
Voters Voting on Election Day in Shorewood
Precinct 1: 332 Voters
Precinct 2: 449 Voters
Precinct 3: 241 Voters
Total: 1022 Voters voted on Election Day (897 Voters 2020 Primary)
Voters Voting by Absentee Ballot (Mail-In and In-Person)
Total: 155 Voters voted Absentee (922 Voters in 2020 Primary)
Total Voter Turnout Election Day, In-Person and Absentee
Total: 1177 Voters in the Primary (1819 Voters in 2020 Primary)
Candidates Filing for City Council: Four candidates filed for two (2) City Council seats that
will be on the ballot in November. The following candidates are running for city office for a Four-
Year Term (January 2023 through December 2026) (in alphabetical order):
City Council (2): Nat Gorham
Dustin Maddy
Guy Sanschagrin
Sarah St. Louis
Election Judges and Election Staff: We had 42 Election Judges from the community working
the Primary Election, including many new judges! We are so grateful to the residents in the
community who came forward to serve in this year’s Primary. The new judges provided
excellent support and rounded out some great teams in each of Shorewood’s three newly
formed precincts as a result of redistricting earlier this year. A big shout out for their dedication
and hard work!
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
Behind the Scenes and Front and Center! Undertaking elections is no small feat and there
are many people working tirelessly behind the scenes and out front to thank. Shorewood
Election Judges, Shorewood Elections Staff, Public Works employees delivering voting
equipment and setting up the day before and picking up the day after. Special Thanks to the
following for all of your hard work, positive attitude, and commitment to this year’s Primary
Election:
CITY ELECTIONS STAFF PUBLIC WORKS STAFF
Brenda Pricco Chris Heitz
Nelia Criswell Tim Kosek
Miechelle Norman Rob Hanson
Julie Moore Bruce Stark
Matt VanLith
ELECTION JUDGES
PRECINCT 1
PRECINCT 2 PRECINCT 3
Jane Stein
Laurie Sacchet Ken Huskins
Tena Brandhorst
Anne Straka-Leland Roxanne Martin
Dianne Aslesen
Annie Paul Colleen Fischer
Catherine Demars
Karen Boynton Phyllis Skinner
Court Queen
Ralph Ballard Elaine Love
Martha Snyder
Elizabeth Grover Gordon Levack
Michael Kovalesky
Kathleen Ostrom Bill Erickson
Pamela McDonald
Dave Roy James Berdahl
Janice Zumsteg
Brandi Hoffman Charles Niles
Carol Paulsen
Michael McDonald Anne Rivers-Ditsch
Karen Burmeister
Lucy DeHaan Kathleen Miller-Liu
Joanne Schmid
Maureen Sheehan-Fischer Patricia Kovalesky
Patricia Wolff
Robert Page David Suggs
Laura Doten
Julie Zumsteg
Marilyn Gagne
Action Requested: No action – 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.
City of Shorewood Council Meeting Item
10A.2
MEETING TYPE
Title / Subject: Fall Paper Shred Event Scheduled
Regular Meeting
Meeting Date: August 22, 2022
Prepared by: Julie Moore, Communications and Recycling Coordinator
Reviewed by: Sandie Thone, HR Director and City Clerk
Each year, the city offers two free paper shredding events in the city hall parking lot. The spring
event was very popular in 2022, with close to 10,000 pounds of paper shredded and recycled.
The fall paper shredding event is scheduled for 9 a.m. to 12 p.m., Saturday, October 22. This
day was chosen because no football games are scheduled for Badger Park, which is necessary
due to the traffic and parking needs.
The event will be promoted through the city newsletter, website, social media, and Constant
Contact emails. City staff has already received several calls inquiring about this popular event.
Council members and commissioners are invited to attend and assist with unloading cars for
the event.
Action Requested: No action is required at this time.
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