10-23-23 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, OCTOBER 23, 2023 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___
Callies___
Maddy___
Sanschagrin___
Zerby___
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 Work Session Minutes of October 10, 2023 Minutes
B. City Council Regular Meeting Minutes of October 10, 2023 Minutes
C. Approval of the Verified Claims List Claims List
D. Accept Resignation of SCEC Attendant City Clerk/HR Director Memo
E. Approve Promotion to Public Works Utility Lead City Clerk/HR Director Memo
F. Designate 2024 Polling Place Locations City Clerk/HR Director Memo
Resolution 23-104
G. Approve Independent Contractor Agreement with Tenicity Parks/Rec Director Memo
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
H. Approve Release Agreement with Alex and Elena Ugorets City Administrator Memo
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 Council. Anyone wishing to address the
Council should raise their hand, or if attending remotely please use the “raise hand” function on your
screen and wait to be called on. Please make your comments from the podium and identify yourself
by your first and last name and your address for the record. Please limit your comments to three
minutes. No discussion or action will be taken by the Council on this matter. If requested by the
Council, City staff will prepare a report for the Council regarding the matter and place it on the next
agenda.
4. REPORTS AND PRESENTATIONS
A. Chief Tholen, SLMPD - Flock Camera and Approval of Allocation City Administrator Memo
5. PARKS
6. PLANNING
A. Report by Commissioner Holker on 10-03-23 Planning Commission Meeting Minutes
B. Conditional Use Permit for fill over 100 cubic yards Planning Director Memo
Applicant: JK Landscaping Construction Resolution 23-106
Location: 4800 Spray Island
C. Comprehensive Plan Amendment and Concept and Planning Director Memo
Development Stage PUD for a Paddle Sports Club Resolution 23-107
Applicant: Admark LLC Resolution 23-108
Location: 24560 Smithtown Road
7. ENGINEERING/PUBLIC WORKS
8. GENERAL/NEW BUSINESS
9. STAFF AND COUNCIL REPORTS
A. Staff
rd
1. 3 Quarter 2023 General Fund Budget Report Finance Director Memo
2. 3rd Quarter 2023 Investment Report Finance Director Memo
B. Mayor and City Council
CITY COUNCIL REGULAR MEETING AGENDA
Page 3
10. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
TUESDAY, OCTOBER 10, 2023 6:20 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 6:21 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Callies, Sanschagrin, and Zerby, and City
Administrator Nevinski.
Absent: Councilmember Maddy
B. Review Agenda
Sanschagrin moved, Callies seconded, approving the agenda as presented. Motion passed
5/0.
2. PARKS COMMISSION INTERVIEW
A. Michelle DeGruttolo
City Administrator Nevinski reviewed the current scheduled for term expirations and outlined
options for these appointments and ways to keep the appropriate staggering of term lengths.
The Council discussed appointing this position through the end of February 2024 and a new, three
year term, would begin at that time and expire in February of 2027
Michelle DeGruttolo introduced herself and shared some of her background, experience, and
interest in serving on the Parks Commission.
Mayor Labadie reviewed the usual Park Commission meeting schedule and events throughout
the year where they encourage attendance.
The Council asked various questions of Ms. De.Gruttolo and how she would address various
issues throughout the City.
Callies moved, Labadie seconded to appoint Michelle DeGruttolo to serve on the
Parks Commission.
City Administrator Nevinski explained that because this is a Work Session, the Council could not
formally take any action but staff would bring this item to a regular meeting consent agenda at the
next meeting.
Councilmember Callies suggested that the Council add it to the agenda for this evening rather
than wait for the next meeting.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
OCTOBER 10, 2023
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3. ADJOURN
Zerby moved, Sanschagrin seconded, Adjourning the City Council Work Session Meeting
of October 10, 2023, at 6:35 P.M. Motion passed 5/0.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
TUESDAY, OCTOBER 10, 2023 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:02 P.M. and announced that the City was having
a problem with their Zoom video connection.
A. Pledge of Allegiance
B. Roll Call
Present. Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin, and Zerby; City
Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone;
Finance Director Rigdon; Planning Director Darling; Park and Recreation Director
Crossfield; and, City Engineer Budde
Absent: None
C. Review Agenda
Councilmember Sanschagrin asked to add an item under New Business – Appointment of Parks
Commissioner.
Maddy moved, Zerby seconded, approving the agenda, as amended.
Motion passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
City Administrator Nevinski explained that there was a typographical error on item D and should
state ‘to not waive’. He noted that related to item G, within the quote there is a hyperlink that
would take them to the Master Services Agreement, which he did not feel was very clear in the
staff memo. He explained that he wanted to call that out in case it was not clear and noted that
they had also provided copies of it for the Council.
Councilmember Sanschagrin asked to remove items D and F for separate discussion.
Councilmember Callies asked to remove item G for separate discussion.
Sanschagrin moved, Callies seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Work Session Minutes of September 25, 2023
B. City Council Regular Meeting Minutes of September 25, 2023
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OCTOBER 10, 2023
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C. Approval of the Verified Claims List
D. LMCIT Liability Coverage Waiver (moved to 8.B)
E. Approve Retail Tobacco License Renewals, Adopting RESOLUTION NO. 23-
098, “A Resolution Approving Annual Retail Tobacco License Renewal.”
F. Approve Resolution of Support Mill Street Trail and Watermain Capital
Bonding Request (moved to 8.C)
G. Approve Website Contract with CivicPlus (moved to 8.D)
H. Approve Recruitment for Seasonal Rink Attendants
I. Approve WAC Assessment Agreement for 26370 Peach Circle, Adopting
RESOLUTION NO. 23-101, “A Resolution Approving and Adopting a Special
Assessment.”
J. Encroachment Agreement for 5880 Prestwick Court, Adopting RESOLUTION
NO. 23-102, “A Resolution Approving an Encroachment Agreement with
Property at5880 Prestwick Court”
K. Approve HVAC Maintenance Agreement
Motion passed.
3. MATTERS FROM THE FLOOR
Patricia Arnst, 5480 Teal Circle, explained that she was here tonight to discuss Indigenous
People’s Day. She noted that the State legislator had recently passed a law that eliminates
Columbus Day and noted that the City website has a few references still in place and asked that
they make the necessary changes to follow the correct terminology for this holiday.
Mayor Labadie directed staff to ensure that the City’s information matches the State information
and terminology.
4. REPORTS AND PRESENTATIONS
5. PARKS
6. PLANNING
A. Review Agreements Related to Lake Park Villas
Applicant: TSML Properties
Location: 24250 and 24320 Smithtown Road
Planning Director Darling gave an overview of the proposed Development and PUD Agreement;
Joint Service Agreement; Stormwater Maintenance Agreement; and the Private Street and
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OCTOBER 10, 2023
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Encroachment Agreement. She reviewed proposed changes to the language in various parts of
the agreement.
Councilmember Zerby noted that he would also like to proposed some language changes under
the Development and PUD agreement and explained that he would like to see daily clean-up of
the roads during the excavation process.
Councilmember Callies referenced paragraph 18 where she believes there was a discrepancy
and a typographical error. She stated that many of the plans are listed within the approvals, but
then time goes on and no one is able to find the plans and asked that the work to ensure that
somewhere in the City there is a whole document that has all this information in one place. She
stated that she does not want it to be a situation where those plans disappear ten years down the
road when someone wants to make an amendment.
Planning Director Darling stated that she agreed with Councilmember Callies and explained that
she usually puts them in permanent storage immediately following their approval.
Councilmember Sanschagrin asked about the process of deciding which city would provide which
utility service.
Planning Director Darling explained that there were extensive discussions between the two cities
and noted, for example, that Tonka Bay has a watermain within a few feet of the property. She
outlined some of the other factors in determining the utility choices and clarified that they were
simply working towards efficiency.
Mayor Labadie confirmed that the City of Tonka Bay was also reviewing these agreements at
their city council meeting tonight.
Zerby moved, Maddy seconded, Adopting RESOLUTION NO. 23-103, “A Resolution
Approving the Agreements Related to Lake Park Villas at 24250 and 24320 Smithtown
Road”, with the modifications as discussed during the meeting, and authorizing the Mayor
and city to execute them in a form approved by the city attorneys. Motion passed.
7. ENGINEERING/PUBLIC WORKS
A. Eureka Road Open House Report
City Engineer Budde explained that on September 21, 2023 the City held an Open House for
proposed improvements on Eureka Road which was scheduled for 2025 construction within the
CIP. He noted that in March of 2023 a petition was received by the City which had been signed
by about forty residents informing the City that they wanted the roadway resurfaced in 2024 due
to its poor condition. He stated that they also communicated that they did not want other work
such as curb and gutter or widening to occur. He explained that based on this feedback the
Council had directed staff to pause on completion of the scoping study for this project until they
could engage in additional public engagement. He stated that for the Open House, staff prepared
two options for consideration: Option One – Reclamation with addition of curb and sidewalk on
the east side or Option Two – Mill and overlay and no curb or sidewalk. He noted that about
three-fourths of the feedback from the Open House was in favor of not adding a sidewalk, not
removing trees, and were generally in support of Option Two. He noted that there was some
discussion at the open house of some type of ‘middle of the road’ option that would provide a bit
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OCTOBER 10, 2023
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more robust of a fix for the roadway than a mill and overlay. He reviewed some of the feedback
they received about drainage issues in the area and the desire for a presentation on the
information and explained that staff was looking for direction from the Council on this project.
Councilmember Zerby stated that he would like to move forward with the option presented that
updates the online engagement tools and provide additional open house with a presentation in
November 2023. He stated that he feels they owe it to the residents to have a better presentation
and does not want the City to simply spin their wheels without getting this additional feedback
from the residents.
Mayor Labadie noted that it was a well-attended open house and in addition to residents all five
Councilmembers as well as many staff members were present. She noted that there was a large
portion of individuals who felt strongly about the desire for another presentation or Open House.
She noted that she feels there is time to examine this more closely and noted that the Open House
got heated at times and thinks that resetting and starting over may be beneficial. She noted that
included in the packet was fifteen pages of comments, so the online, interactive method of
communication appears to be working. She stated that the City also received several letters and
emails that were also included in the packet.
Councilmember Sanschagrin stated that some of the specific feedback he heard was that they
would have liked to have some time of presentation in the beginning and that the start time may
have been a bit too early.
Councilmember Callies stated that she agreed with the idea of having a more formal presentation
but feels that City Engineer Budde is asking for additional guidance from the Council on the
specific things outlined in his report. She stated that she thinks they need to hone in a bit on what
it is they want at the presentation and not just expect him to come up with an infinite number of
possibilities.
Councilmember Zerby noted that he thinks some of this information can just be done generically,
for example, show pictures of roads in the City that have the hybrid or curb and gutter and still
have bituminous edge without actually drilling down and looking at it address by address or be
able to show what a dedicating biking/walking lane would look like on a road. He stated that he
thinks there needs to be more of a presentation made, but that it also include more information.
He gave the example of the terms reclamation versus reconstruction that the Council may be
familiar with, but may not be things that the general public would immediately be able to
understand what the difference would be which could be explained during the presentation. He
reiterated that he did not think they needed to dig into each individual address and decide how
the individual drainage issues would be addressed.
Mayor Labadie stated that she agreed and noted that they had received a request for this work to
be done in the summer of 2024 however the City has put together its budget and this project was
not included. She stated that information should be explained to the residents so they understand
the planning and budget process and timeline.
Councilmember Callies stated that she likes the idea of exploring a rural type pathway to help
address safety concerns without having to have a huge sidewalk.
City Engineer Budde stated that whatever direction the Council gives, they are prepared to hold
another Open House in November.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 10, 2023
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Councilmember Maddy explained that what he would like to see is a list of generic options, for
example, reclaim with a sidewalk, only mill and overlay, or a dedicated non-auto lane which rough
life-cycle costs attached to each option.
Councilmember Zerby noted that he did not think the term ‘Open House’ was the correct one to
be used in this instance and referenced other communities who have called this a ‘Street
Improvement Neighborhood Meeting’ and suggested that may be something the City considers
as well.
Mayor Labadie stated that she liked that terminology much better than ‘open house’ and asked if
they could make that change.
The Council discussed the possible format and expectations for a street improvement
neighborhood meeting.
City Engineer Budde stated that the direction he felt the Council was giving was to do everything
outlined in the staff report except for the focus on the drainage issues. He stated that he would
suggest that they push this information out online prior to the meeting in order for people to have
time to absorb the information before the meeting.
The Council discussed changing the time to be slightly later to begin at 6:00 p.m. rather than 5:00
p.m.
8. GENERAL/NEW BUSINESS
A. Appointment of Park Commissioner
Councilmember Sanschagrin explained that the Council had interviewed Michelle DeGruttulo
during the earlier Work Session meeting and noted that they had found her to be a strong
candidate who they felt would be a strong asset for the Park Commission. He explained the
discussion of appointing her to serve a term that would end on February of 2027.
Sanschagrin moved, Callies seconded, Appointing Michelee DeGruttulo to serve as Park
Commissioner with a term to expire February 2027, as discussed. Motion passed.
B. LMCIT Liability Coverage Waiver
City Administrator Nevinski explained that as staff was in the process of doing the annual
insurance renewal, one of the things that needs to come directly to the Council is the decision on
whether or not to waive the statutory tort limits. He explained that generally, cities do not waive
those limits and clarified that staff is recommending that the City not waive the statutory limits.
He noted that they were also recommending that they consider purchasing excess liability
insurance coverage.
Mayor Labadie sked City Attorney Shepherd to weigh in on this issue.
City Attorney Shepherd explained that the reason for this recommendation as around the idea is
that if the City waives those limits, someone could come in and bring a suit and get more than the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 10, 2023
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statutory limits and reiterated that as City Administrator Nevinski stated, almost all cities choose
not to waive those limits, which is what they are recommending as well.
Councilmember Sanschagrin stated that he agrees that the City should choose not to waive those
limits but noted that he would like to know the cost of the additional liability coverage that was
being recommended.
City Administrator Nevinski stated that if the City waived the tort limits and purchase additional
liability insurance, the premium would increase by about three point five percent (3.5%) but noted
that he was still waiting for a quote on adding additional liability.
Councilmember Maddy asked if the Council was being asked to make a decision on additional
liability coverage tonight.
City Administrator Nevinski stated that he was working under the assumption that the cost for this
increased coverage will be nominal and the plan, unless the Council said not to do it, would be to
move forward and incorporate it into the budget.
Callies moved, Maddy seconded, that the City not waive the statutory tort limits related
to the LMCIT Liability Coverage. Motion passed.
Councilmember Sanschagrin stated that he was not sure that he felt that he had enough
information regarding the recommended additional liability coverage.
City Administrator Nevinski noted that the City has typically purchased excess liability coverage
and noted that the only question is whether they want to increase it from one million to two million.
He reiterated that his expectation was that making this change will fall within the existing budget
and that they would look for the advice of their counsel and insurance agent.
Councilmember Sanschagrin stated that with the idea of potential cost savings, he would like to
have the option of not getting the additional coverage, if it doesn’t make sense financially. He
stated that he understands that City Administrator Nevinski is saying that it probably will make
financial sense, but it is hard to make that determination without having the information in front of
him.
Councilmember Maddy asked if those final numbers could be brought back before the Council at
a future meeting.
City Administrator Nevinski stated that he believed the policy expires sometime in November.
Councilmember Callies asked about the history of this issue and if the City had used the excess
liability coverage.
City Administrator Nevinski explained that the budgets and operations have been increasing, so
having some additional coverage probably makes sense. He noted that he thinks they can bring
this information back for Council consideration.
Councilmember Callies stated that she did not want the Council to end up being penny wise and
pound foolish and explained that staff had looked into this and were recommending some
additional insurance.
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OCTOBER 10, 2023
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City Administrator Nevinski clarified that this issue was not really before the Council for a decision
tonight and was intended as something that staff was informing the Council about looking into.
The Council agreed to have this information come back to the Council for review when the quotes
are received.
C. Approve Resolution of Support Mill Street Trail and Watermain Capital Bonding
Request,
Planning Director Darling explained that staff had submitted a request to the Capital Bonding
project in order to help fund the Mill Street Trail and Watermain project. She noted that the
bonding is for fifty percent of the cost of the project, including inflation. She stated that required,
as part of this request, is a resolution of support from the City Council.
Councilmember Sanschagrin stated that he wanted to point out an issue that he was made aware
of that could impact the City’s approach on water projects. He read aloud language that stated
that if an improvement is ordered by the Council, benefitting properties shall be assessed
pursuant to the procedures put forth under Minn. Statute Section 429. He stated that his question
is, given this language, whether the City was able to fund water projects through debt and if they
would be required to assess the properties that are benefitting.
City Administrator Nevinski stated that within City code, it does appear that there is language that
says that if improvements are made, they ‘shall’ be assessed. He stated that they need to look
into this more closely and take a look at what has happened because the City has, historically not
assessed for projects. He noted that it seemed a bit odd that the City would ‘handcuff’ itself that
way without giving some options on how they fund a project.
Councilmember Maddy asked if this was taking about the water access charge or something more
related to the construction.
City Administrator Nevinski stated that he thought it was talking about the actual improvement
and not just the connection.
City Attorney Shepherd referenced City Code 903.18 Water Improvement Process. He noted that
he has not seen anything like this before and while he felt it was confusing, he was not sure it
would hamstring the City’s ability to enact the resolution in front of the Councill tonight, but noted
that they did think they should look into this moving forward.
Planning Director Darling explained that without this resolution, the City would essentially be
tossed out of consideration for this project.
Maddy moved, Callies seconded, to Approve Resolution of Support for Mill Street
Trail and Watermain Capital Bonding Request, Adopting RESOLUTION NO. 23-100,
“A Resolution of Support for the Mill Street Trail Corridor and Watermain Project.”
Motion passed.
Mayor Labadie noted that staff had been directed to look at this portion of the City Code and bring
it back to the Council for further discussion.
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OCTOBER 10, 2023
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D. Approve Website Contract with CivicPlus
City Clerk/HR Director Thone stated that the Council, at their September 25, 2023 meeting had
supported moving forward with CivicPlus for the new City website. She explained that this item
is the actual contract with CivicPlus and noted that the City Attorney has reviewed the contract
and has recommended approval, as it has been presented. She noted one area that the city
attorney’s office highlighted in the contract and that was explained in the staff report was regarding
Section 48 and noted that they had highlighted it because they wanted staff to be aware of this
section because it includes a timeline to respond and although they stated it would unlikely that
CivicPlus would remove this language, it should be noted so staff is aware of it. Thone noted that
if this contract is approved, there was a tentative timeline of what the City can expect moving
forward that was included in the packet. She explained that it is a pretty aggressive timeline
because the City’s current contract with the current provider expires in March.
Councilmember Callies explained that she had asked that this item be removed from the Consent
Agenda because she had a number of questions. She stated that she understands that what is
presented appears to be CivicPlus’ standard contract but asked if anyone had asked them about
this section and the included language.
City Attorney Shepherd stated that he was not sure because Amy Schmidt in his office was
working on this contract.
City Clerk/HR Director Thone clarified that Ms. Schmidt’s message to the City was that this
language would typically not be removed and reiterated that she just wanted staff to be aware of
it.
City Attorney Shepherd stated that it appears as though the question was not asked, but they can
go back and ask. He stated that he would agree that if there is a master agreement such as this,
they are usually not inclined to make changes. He noted that he does believe that there was one
that happened within Public Works that was along these same kind of lines and they were able to
make a few tweaks to it.
Councilmember Callies stated that the other point she noticed in that paragraph there is a
provision that the City would have to notify CivicPlus within ten days and if the City continues to
use the service following the updates, which they will not know about right away, would be
considered acceptance, which seems to be outside of the ten day time period. She stated that
this seems like an onerous provision in her opinion.
City Attorney Shepherd stated that he understood her concerns but suspects that they would
interpret it to be after the ten days, but agrees that this has not been particularly artfully drafted.
Councilmember Sanschagrin asked if staff had spoken with other cities that may have had issues
with this clause.
City Clerk/HR Director Thone stated that they had not heard about any issues from other cities.
She noted that it does say that they will give the City written notice.
Councilmember Maddy expressed concern that it could just be a pop up in an end user licensing
agreement update that says ‘do you agree’ as it gives you thirty pages of material to read, because
nobody ever actually reads it. He noted that he did not like the company for pushing this particular
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
OCTOBER 10, 2023
Page 9 of 10
item on the City, but understood it was probably fairly common. He stated that perhaps if they
end up doing something malicious to the City, then they will just have to let every other city know
what they have done. He stated that while he does not like this, he understand that this is how it
works.
City Clerk/HR Director Thone stated that CivicPlus has a good reputation, and a lot of major cities
use their services. She stated they have a good reputation to maintain and doubts they would
abuse this. Councilmember Zerby agreed, stating he has no concerns regarding this contract.
Callies moved, Sanschagrin seconded, to approve the Website Contract with CivicPlus,
as presented. Motion passed.
9. STAFF AND COUNCIL REPORTS
A. Staff
Park and Recreation Director Crossfield stated that the CivicRec program is up and running for
activity and shelter registration. She noted that they hosted the Oktoberfest activities last
weekend where they had about four hundred people in attendance and noted that the Excelsior
Rotary Club estimates were for about two-thousand people for their portion of the event.
Mayor Labadie stated that she felt the Oktoberfest event was a really nice event for the City and
people from many age groups and thanked staff for their efforts.
City Engineer Budde stated that the water filter portion of the Smithtown Pond project was being
constructed this week. He stated that curb is down for the Birch Bluff project and plans are to
pave this week, weather permitting. He noted that curb and gutter were placed today for
Strawberry Lane and they hope to have most of the concrete finished by the end of the week.
Councilmember Callies noted that she had seen a sign indicating that Radisson Road would be
closed next week.
City Administrator Nevinski noted that the City had just received word earlier today about that
closure and explained that it was due to Lift Station #11. He noted that he believes information
will be distributed door to door about this planned closure.
Planning Director Darling stated that the Met Council has accepted the City’s Comprehensive
Plan as a complete document and began their review. She stated that thus far, it has passed
their review and she anticipates that it will be an item on their consent agenda later in the month.
She stated that the first deer management hunt will be held this coming weekend to assist in
culling the City’s herd.
City Clerk/HR Director Thone gave an update on the meeting technology plans to address staffing
and technical issues. She noted that the annual audit for Laserfiche will occur next week and
stated that there will also be some additional training for staff. She stated that annual benefits
open enrollment meeting for City staff is in about a week. She stated that the City will be having
its first BCA audit on November 1.
City Administrator Nevinski stated that there is a buckthorn removal meeting at Eddy Station on
October 17, 2023 at 5:00 p.m.
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OCTOBER 10, 2023
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B. Mayor and City Council
Councilmember Zerby attended the Excelsior Fire District Fire Prevention Open House and noted
that he enjoyed his interaction with the SLMPD.
Councilmember Sanschagrin stated that he had also attended the Fire Prevention Open House
and the Oktoberfest festivities. He thanked staff for all their work putting together such a great
event.
Councilmember Maddy stated that he was able to attend a portion of the Oktoberfest activities as
well as the Open House.
Councilmember Callies noted that she also attended the Fire Prevention Open House which is
always a great event. She stated that she was able to stop in at Oktoberfest and feels that there
was a good turn out and people enjoyed themselves. She noted that she had also attended the
Planning Commission meeting last week.
Mayor Labadie stated that girl scouts who were donating a compost bin to the community garden
have completed their project and noted that they had it on display at Oktoberfest. She stated that
every Friday she does something called Shorewood Friday Focus on Facebook. She explained
that it was recently brought to her attend that Ryan Brant from the Public Works Department had
recently participated in two divisions of the Minnesota Recreation Park Association Annual
Maintenance Rodeo. She stated that Mr. Brant took second place in the zero turn mower agility
course and placed in the top five of the skid steer skills course. She stated that Mr. Brant is the
youngest member in the department.
10. CLOSED SESSION
Pursuant to Minnesota Statutes, section 13D. 05, subdivision 3(b), as permitted by
Attorney Client Privilege, the City Council will be moving into a Closed Session to
discuss Alex and Elena Ugorets v. City of Shorewood, et al.
Maddy moved, Zerby seconded, to move into Closed Session, Pursuant to
Minnesota Statutes, section 13D. 05, subdivision 3(b), as permitted by Attorney
Client Privilege, the City Council will be moving into a Closed Session to discuss
Alex and Elena Ugorets v. City of Shorewood, et al. Motion passed.
11. ADJOURN
Maddy moved, Labadie seconded, Adjourning the City Council Regular Meeting of October
10, 2023, at 9:13 P.M. Motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
Item
2D
City Council Meeting Item
Title/Subject: Accept Resignation of Community Center Attendant
Meeting Date: October 23, 2023
Prepared by: Sandie Thone, City Clerk/Human Resources Director
Reviewed by: Janelle Crossfield, Park/Recreation Director
Attachments: None
Background: Staff received the resignation of Part-Time Community Center Attendant Ethan
Palm on October 9, 2023. Ethan has worked in the capacity of Community Center Attendant
since May 16, 2023. Ethan has been an exemplary employee for the Shorewood Community
Center and the City in general. Staff at the Community Center said “he was one of the most
helpful” employees they had ever hired. Staff stated he was especially thoughtful in opening
doors and carrying things for the seniors at the center. He will be missed. Ethan has accepted a
full-time position in his chosen field. We wish him the best in his new career!
The Community Center has historically employed up to four community center attendants who
perform various duties including receptionist duties, opening/closing the center, administrative
responsibilities, and assistance with city/community events. The hours for the position vary
depending on the center’s scheduled activities and do include evenings and weekends. The
center currently employes two part-time attendants and one recreation specialist. A typical
work week for part-time community center attendants is 12-15 hours per week. The position is
classified on the city’s compensation schedule as Grade 1 with a 2023 pay range of $13.23 to
$19.84 per hour.
As previously approved by the city council, Staff is actively recruiting for the position and is
hopeful to add additional staff soon and will bring back recommendations for hire. Activities
and rentals are both up at the Center. We continue to strive to keep our staffing levels up to
support this positive uptick in business.
Action Requested: Staff respectfully recommends the city council accept Ethan Palm’s
resignation. Motion, second and simple majority vote required.
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.
Item
2E
City Council Meeting Item
Title/Subject: Approve Promotion of Luke Weber to Lead Utility LEO
Meeting Date: October 23, 2023
Prepared by: Sandie Thone, City Clerk/Human Resources Director
Reviewed by: Marc Nevinski, City Administrator
Matt Morreim, Public Works Director
Attachments: None
th
Background: As presented at the September 25 City Council meeting, the Comp Study
process revealed that additional duties that were being routinely performed by utility operators
aligned more with the Utility Lead position. The additional duties were included in a council
memo presented and discussed by Public Works Director Morreim to the city council, in
consideration for their approval of an internal recruitment to fill the position of the Utility Lead
position as a promotion. Shorewood City Council approved the recruitment for the Utility Lead
th
position at its September 25 regular meeting.
Staff posted and recruited for the position internally only for the 10-day period as prescribed in
the AFSCME union contract. Two current Shorewood LEO’s in the utility department applied for
the position. Both applicants met the minimum licensure requirements for the Utility Lead
position. Interviews were conducted on October 10 and 12, 2023.
While both candidates were extremely strong, staff unanimously agreed to offer the position to
Luke Weber. Luke has been performing many of the duties related to this position and has a
proven track record of leadership and due diligence in his work. Luke has worked in the
capacity of LEO-Utility for the City of Shorewood since April of 2020 and came to us with 15
years of experience in the field with the City of Carver.
Financial Considerations: Staff is recommending Luke’s compensation rate be set at the “After 5
Year Rate” of the AFSCME union contract for the Utility Lead position of $39.22 per hour. The
position will be reviewed at the 6-month probationary period and considered for permanent
appointment and a step increase at that time.
Action Requested: Staff recommends the city council approve the promotion of Luke Weber to
fill the position of Light Equipment Operator – Utility Lead.
Motion, second and simple majority vote required.
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.
Item
2F
City Council Meeting Item
Title/Subject: Designate 2024 Polling Place Locations
Meeting Date: October 23, 2023
Prepared by: Sandie Thone, City Clerk/Human Resources Director
Reviewed by: Brenda Pricco, Deputy City Clerk
Attachments: Resolution 23-104
Background: State law effective January 1, 2018, requires the governing body of each
municipality and each county in the State of Minnesota to designate by ordinance or resolution
a polling place for each election precinct.
The law requires each city and school district to designate polling places for the following year
st
no later than December 31. The law requires that a resolution be passed each year, regardless
of polling place changes and even when the jurisdiction does not have a scheduled election in
the coming year.
Action Requested: Staff respectfully recommends the city council approve Resolution 23-104
Designating the 2024 Polling Precinct Locations for the City of Shorewood pursuant to MN
statute §204B.16 as follows:
nd
Precinct 1: Minnewashta Church, 26710 West 62 Street, Shorewood
Precinct 2: Shorewood Community & Event Center, 5735 Country Club Road, Shorewood
Precinct 3: Excelsior Covenant Church, 19955 Excelsior Blvd, Shorewood
Precinct 4: Westwood Community Church, 3121 Westwood Drive, Chanhassen
Motion, second and simple majority vote required.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23-104
A RESOLUTION DESIGNATING 2024 POLLING
PRECINCT LOCATIONS FOR THE CITY OF SHOREWOOD
WHEREAS, the City Council of the City of Shorewood, pursuant to Minnesota State Statute
§204B.16, is required to designate election precinct polling locations by resolution or ordinance
st
within the municipality by December 31 of each year; and
WHEREAS, the polling places designated in the resolution apply to the following calendar year;
and
WHEREAS, if the situation arises in the following year that the City of Shorewood needs to
change a polling place location in the event of an emergency or if the polling place becomes
unavailable MN State Statute §204B.16, subdv.1 allows the city to change a polling place
following the required process to do so.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood does hereby
designate the 2024 Polling Precinct Locations as follows:
nd
Precinct 1: Minnewashta Church located at 26710 West 62 Street, Shorewood
Precinct 2: Shorewood Community & Event Center, 5735 Country Club Road, Shorewood
Precinct 3: Excelsior Covenant Church, 19955 Excelsior Blvd, Shorewood
Precinct 4: Westwood Community Church (Cathcart Park), 3121 Westwood Drive, Chanhassen
ADOPTED by the City Council of the City of Shorewood on this 23rd day of October 2023.
_______________________________
ATTEST: Jennifer Labadie, Mayor
____________________________________
Sandie Thone, City Clerk
City Council Meeting Item
Item
Title/Subject: Contractor Agreement with Tenicity, LLC.
2G
Meeting Date: Monday, October 23, 2023
Prepared by: Janelle Crossfield, Parks and Recreation Director
Reviewed by: Mark Nevinski, City Administrator
Attachments: Parks and Recreation Independent Contractor Agreement
Background:
Founder and Head Coach, Harsh Mankad’s passion and leadership has created a successful
tennis program in the North and South metro. Tenicity, in partnership with City of Shorewood
Parks and Recreation, is looking to expand to the West metro. Tenicity offers a coaching team
that works cohesively with a shared methodology and development path guiding each player’s
training. They offer development, performance, and match play programs as well as private
lessons. Their coaching methods include principles of positive youth development via sports
with a longer-term view of emphasizing joy, learning and development at each stage.
Coach Harsh Mankand is an NCAA Division 1 National Singles Champion (University of
Minnesota) and a No. 1 ranked singles player in US college tennis. Harsh played professional
tennis including appearances at Wimbledon, Davis Cup and other major events. In 2023, Harsh
received the USTA Junior Development Award recognizing his impact in the Northern US region.
Approval of the agreement includes any future addenda executed between the contractor and
Parks and Recreation Director through December 2024. Addenda outlines program logistics
such as location, dates, times, program fees and no class days, and program descriptions.
Financial or Budget Considerations: Tenicity will receive 80% of the program revenue collected
by City of Shorewood.
Action Requested:
Motion to approve the independent contractor agreement with Tenicity, LLC. A simple
majority vote is required.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
City of Shorewood
Parks and Recreation Independent
Contractor Agreement
Parties and Terms
This Contractor Agreement (Agreement) dated _October, 23____, 2023 is by and between the City of
Shorewood (City) and _____________________Tenicity, LLC_____________________ (Contractor). This
Agreement is in effect from __January 1, 2024______ until _____December 31, 2024______.
I. Services to be Performed
The Contractor will perform the services outlined in the addendum to this Agreement and any future
addenda executed between the Contractor and the Parks and Recreations Director. By signing the addendum
and any future addenda, the Contractor agrees to the terms indicated including dates, times and payment
agreement, as if fully incorporated herein.
II. Independent Contractor
This Agreement shall not render the Contractor an employee, partner, or agent of the City for any purpose.
The Contractor is and will remain an independent Contractor in (his/her) relationship to the City. The City
shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The
Contractor shall have no claim against the City hereunder or otherwise for vacation pay, sick leave,
retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment
insurance benefits, or employment benefits of any kind.
The Contractor will be responsible for the hiring, training, supervision, and conduct of any staff utilized in
the above-listed services. All staff, working directly with children, are subject to background checks. All
background checks must be completed prior to the start of the above-listed services. Proof that
background checks are conducted by the Contractor must be provided to the City in the form of an
official letter.
The Contractor will determine the method, details and means of performing the services outlined.
III. Services Provided by the Contractor
It is understood that the Contractor is experienced and trained to provide the services listed in the addendum
and that the City requires such services. Therefore, it is hereby agreed that the Contractor will provide the
following services.
1. Supplies: Any necessary supplies will be supplied by the Contractor.
2. Equipment: Any necessary equipment will be supplied by the Contractor.
3. American Disabilities Act (ADA): The City is mandated by law to provide reasonable
accommodations for people with disabilities which include contracted recreation services. Contractors
are expected to work with the City in order to provide for reasonable accommodations.
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IV. Services Provided by the City
It is understood that the City will provide the following services to facilitate and support the contracted
services listed above.
1. Promotion: The City will promote the above-listed services in Shorewood publications and by any
other means deemed necessary.
2. Facility Use: The City will provide and maintain an appropriate space for the activities and
arrange for its use at no cost to the Contractor.
3. Registration/Refunds: The City will be responsible for participant registration and fee collection
for the above-listed services. Participant withdrawals: Participant withdrawals made seven (7) days prior to
the start of the above-listed services will receive a full refund. After that time, no refunds will be provided
except for withdrawals made due to illnesses/injury, with a doctor’s note, unless agreed upon by both the
City and the Contractor. The City will not pay the Contractor for refund requests granted due to
unsatisfactory services provided by the Contractor.
The City will be responsible for providing a participant list to the Contractor, one (1) week prior to the start
date of the above-listed services. All participant lists will remain the property of the City.
4. ADA/Inclusion: The City will provide the Contractor with information on any participant with
special needs and will work with the Contractor to make any necessary accommodations that are
reasonable.
V. Compensation
The City will pay the Contractor a portion of the net program revenue (specified in the addendum). Upon
the successful completion of the specified services, the Contractor shall bill the City for services provided.
VI. Business Expenses
Any expenses incurred by the Contractor pursuant to providing the services including, but not limited to,
travel and phone expenses are the sole responsibility of the Contractor.
VII. Insurance
The Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the
following minimum insurance coverages:
1. General Liability: The Contractor agrees to maintain commercial general liability insurance in a
minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability
arising from premises, operations, products completed operations, personal injury, advertising injury, and
contractually assumed liability. The City shall be endorsed as an additional insured.
2. Automobile Liability: If the Contractor operates a motor vehicle in performing the services under this
Agreement, the Contractor shall maintain commercial automobile liability insurance, including owned, hired,
and non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit.
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225664v2
3. Workers’ Compensation: The Contractor agrees to provide workers’ compensation insurance for all its
employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also
carry employer’s liability coverage with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
The Contractor shall, prior to commencing the services, deliver to the City a Certificate of Insurance as
evidence that the above coverages are in full force and effect.
The insurance requirements may be met through any combination of primary and umbrella/excess insurance.
The Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available
to the City with respect to any claim arising out of Contractor’s performance under this Agreement.
The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under
the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any
policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any
special or unusual hazards and be responsible for any damages that result from those hazards. The City does
not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide
adequate coverage. All policies of insurance shall provide that the insurance company will notify the City at
least thirty (30) days prior to the effective date of any policy cancellation, modification, or non-renewal prior
to the date on which the Contractor, or its consultants, commences performance of its part of the work,
evidence of coverage is to be provided to the City. The City may direct that copies of the actual insurance
policies, or renewals or replacements thereof, be submitted to the City.
VIII. Property Damage Waiver
The Contractor waives all its rights against the City for damages covered by property insurance. The
Contractor shall require a similar waiver from all its consultants. The Contractor waives all of its rights of
recovery against the City because of deductible clauses in, or inadequacy of limits in, any policies of insurance
that are in any way related to the work and that are secured and maintained by the Contractor. The Contractor
waives any of its rights of recovery against the City because of a lack of insurance coverage. The Contractor
shall require similar waivers from all of its consultants. The Contractor shall waive all of its rights of recovery
against the City for loss or damage to any of its equipment, machinery, tools or property that is used in
connection with this Agreement. The Contractor shall require a similar waiver from all its consultants.
IX. Indemnification
To the fullest extent permitted by law, the Contractor agrees to defend, indemnify, and hold- harmless the City
and its employees, officials, and agents from and against all claims, actions, damages, losses, and expenses,
including reasonable attorney fees, arising out of the Contractor’s negligence or the Contractor’s performance
or failure to perform its obligations under this Agreement. The Contractor’s indemnification obligation shall
apply to the Contractor’s subcontractor(s), or anyone directly or indirectly employed or hired by the
Contractor, or anyone for whose acts the Contractor may be liable. The Contractor agrees this indemnity
obligation shall survive the completion or termination of this Agreement.
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225664v2
X. Compliance with Statutes
The Contractor shall abide by all applicable state and federal laws, rules and regulations that govern City
activities and the activities provided for in this Agreement, including but not limited to the Data Practices Act,
records retention guidelines, non-discrimination and disability accommodation laws and guidelines, and Minn.
Stat. § 121A.38 (concussion procedures).
XI. Government Data/Privacy
Contractor agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13, HIPAA requirements, and all other applicable state or federal rules,
regulations, or orders pertaining to data privacy or confidentiality. The Contractor understands that all of the
data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing
those functions that the City would perform is subject to the requirements of Chapter 13, and the Contractor
must comply with those requirements as if it were a government entity. This does not create a duty on the part
of the Contractor to provide the public with access to public data if the public data is available from the City,
except as required by the terms of this Agreement. In the event the Contractor receives a formal request to
release data pursuant to the Minnesota Government Data Practices Act, the Engineer will immediately notify
the City. The City will give Contractor instructions concerning the release of data to the requesting party
before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents,
employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, owners’,
partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected
data. The terms of this section shall survive the cancellation and termination of this Agreement.
XII. Audits
Pursuant to Minnesota Statutes, § 16C.05, Subdivision 5, the Contractor agrees that the City, the State
Auditor, or any of their duly authorized representatives at any time during normal business hours and as often
as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and
procedures of the City, and involve transactions relating to this Agreement. The Contractor agrees to maintain
these records for a period of six (6) years from the date of termination of this Agreement.
XIII. Governing Law
The laws of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate
venue and jurisdiction for any litigation which may arise hereunder will be in and under those courts located
within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or
incorporation of the Contractor.
XIV. Program Termination
If a contracted program fails to meet the required minimum number of participants set by the Contractor and
the City, the service may be cancelled at no penalty to either the Contractor or the City.
XV. Contract Termination, Cancellation and Default
Either party to this Agreement may terminate this Agreement upon thirty (30) days written notice, except that
if the Contractor fails to fulfill its obligations under this Agreement in a proper and timely manner, or
otherwise violates the terms of this Agreement, the City shall have the right to immediately suspend the
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225664v2
contracted services and to then terminate this Agreement, if the Contractor has not cured the default upon ten
(10) days written notice.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained
by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event,
withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of
damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in
case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or
by statute.
XVI. Third Parties
This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto
nor create or establish any third party beneficiary.
XVII. Modification or Amendment
No amendment, change or modification of this Agreement shall be valid unless in writing and signed by the
parties hereto.
XVIII. Entire Understanding
This Agreement and any exhibit/addendum attached constitute the entire understanding and agreement of
the parties, and any and all prior agreements, understandings and representations are hereby terminated and
cancelled in their entirety and are of no further force and effect.
XVIX. Unenforceability of Provisions
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the
remainder of this Agreement shall remain in full force and effect.
XX. Service Suspension and Cancellation
1. If a contracted service fails to meet the required minimum number of participants, the service
will be cancelled at no penalty to either the Contractor or the City.
2. Severe weather policy: in the event of severe weather, the City and the Contractor will make a
determination on whether or not to cancel the above-listed services for that day. If the above-listed services
are cancelled prior to half of the session being held, a refund will be provided to the participants or a
makeup date will be scheduled. If a refund is provided, contract fees will be adjusted accordingly.
3. If at any time the actions of the Contractor and/or their staff compromise the physical, mental or
emotional safety of a participant, the City shall have the right to immediately suspend services until the
issue has been resolved or the contract terminated (see Termination and Default section of the Independent
Contractor Agreement).
XXI. Offsite Programs
The Contractor agrees to provide the City with a copy of a Certificate of Liability Insurance for services
offered off of City property. The City must be listed as an additional insured.
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225664v2
XXII. Service/Program Addendum
A service or program addendum, as contemplated in Section I, will be sent and approved by the City for
each service or program indicating service details including class schedule and pay arrangement. The
Contractor agrees to review, sign and return the addendum before services are provided.
I N WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written
above.
City of Shorewood Contractor:
_____________________________________
\[Name of Contractor\]
By: ________________________________ By ______________________________
____________________________ ____________________________ \[print name\]
Its Mayor Its _________________________ \[title\]
By________________________________
____________________________
Its City Clerk
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225664v2
Service Addendum
Program Location: Badger Park Tennis Courts
Program Seasons: Spring, Summer, Fall
Min/Max: Ages 5-8: 8/16, Ages 9-12 and Ages 13-16: 8/12
Revenue Split: Tenicity: 80%, City of Shorewood: 20%
City of Shorewood Contractor:
_____________________________________
\[Name of Contractor\]
By: ________________________________ By ______________________________
____________________________ ____________________________ \[print name\]
Its Parks and Recreation Director Its _________________________ \[title\]
Signed: _______________________, 2023. Signed: _______________________, 2023.
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225664v2
City Council Meeting Item
Item
Title/Subject: Approve Release Agreement with Alex and Elena Ugorets
2H
Meeting Date: October 23, 2023
Prepared by: Marc Nevinski, City Administrator
Reviewed by: Jared Shepherd, City Attorney
Attachments: Release Agreement
Background:
The City of Shorewood was sued in Federal Court over the placement of bollards within the
Timber Lane right of way adjacent to property located in the City of Tonka Bay. The plaintiffs
claimed the City inappropriately denied access to their property when it installed the
bollards. Unfortunately, despite the City's arguments, including that it had the right to manage
access to its right of way, the judge ruled in favor of the plaintiffs. Following consultation with
its attorneys, the City decided not to appeal the judge’s ruling.
The ruling ordered the City to remove the bollards by October 19, 2023. The bollards most
directly impeding access to the plaintiff’s property were removed on Tuesday October 17, 2023,
and the remaining bollards will be removed by the end of the month.
Additionally, because this is a takings claim and the judge ruled in favor of the plaintiffs, the City
would ultimately be required to plaintiff’s reasonable attorney’s fees. Included in the Release
Agreement is a settlement amount of $80,000 as well as agreement by the parties not to seek
damages in the case, thereby avoiding further litigation.
Financial or Budget Considerations:
The City’s defense costs are covered by its insurance. However, the settlement amount for the
plaintiff’s attorney’s fees will be funded from reserves.
Action Requested:
Motion to approve the Release Agreement with Alex and Elena Ugorets. A simple majority vote
is required.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
City Council Meeting Item
Item
Title/Subject: SLMPD Presentation - Flock Camera System
4A
Meeting Date: October 23, 2023
Prepared by: Marc Nevinski, City Administrator
Attachments: Powerpoint
Background:
The South Lake Minnetonka Police Department has received a grant to install four Flock
cameras within its service area. SLMPD plans to install one camera in each member community
for a two year period. Detective Protivinsky and Officer Allie Weinmann, along with Chief
Tholen, will provide a presentation about the Flock camera system at the Council meeting.
Financial or Budget Considerations:
The installation of the Flock camera system increased slightly after the grant award, and each
community is asked to contribute $800 towards the installation of its camera. It is
recommended that the Public Safety Aid funding awarded to cities in the 2023 legislative
session be used to fund the camera system.
Action Requested:
Motion to approve the installation of the Flock camera in Shorewood and authorize the
expenditure of $800 from the City’s Public Safety Aid allocation.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, OCTOBER 3, 2023 7:00 P.M.
DRAFT MINUTES
CALL TO ORDER
Chair Gorham called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Gorham; Commissioners Eggenberger, Huskins, Holker and Johnson;
Planning Director Darling; and, Council Liaison Callies
Absent: None
1. APPROVAL OF AGENDA
Chair Gorham noted that there had been a request by one of the applicants to reverse the order
of items 4A and 4B.
Huskins moved, Johnson seconded, approving the agenda for October 3, 2023, as
amended, to reverse the order of items 4A and 4B. Motion passed 5/0.
2. APPROVAL OF MINUTES
September 5, 2023
Commissioner Huskins pointed out three small corrections that were needed in the minutes on
page 3 and page 7.
Planning Director Darling stated that she will go back and check on those items and make the
appropriate changes.
Huskins moved, Holker seconded, approving the Planning Commission Meeting Minutes
of September 5, 2023, as amended. Motion passed 5/0.
3. MATTERS FROM THE FLOOR - NONE
4. PUBLIC HEARINGS
Chair Gorham explained the Planning Commission is comprised of residents of the City
of Shorewood who are serving as volunteers on the Commission. The Commissioners are
appointed by the City Council. The Commission’s role is to help the City Council in
determining zoning and planning issues. One of the Commission’s responsibilities is to
hold public hearings and to help develop the factual record for an application and to make
a non-binding recommendation to the City Council. The recommendation is advisory only.
A. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR IMPORT OF FILL IN
EXCESS OF 100 CUBIC YARDS
Applicant: JK Landscape Construction
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
OCTOBER 3, 2023
Page 2 of 14
Location: 4800 Spray Island
Planning Director Darling gave an overview of the request to import 250 cubic yards of fill to Spray
Island. She noted that because it is not accessible by roadways, the material would need to be
brought in by barge and explained that they were proposing to bring in the fill to even out the lawn
space around some of the buildings. She gave an overview of the proposed erosion control
efforts, inspections, and noted that staff recommended approval, subject to the conditions outlined
in the report.
Commissioner Eggenberger referenced the staff report that stated that the fill was going to be
used to fill ‘homes’.
Planning Director Darling stated that was an error and should have stated ‘holes’, not ‘homes’.
She noted that she would make sure that was corrected before this moves onto the City Council.
Commissioner Eggenberger stated that if the request was for 100 cubic yards or less what would
keep someone from just continuing to do it in smaller segments. He asked if there was a time
limit or some other limiting factor.
Planning Director Darling stated that there is an element of trust with any application. She
explained that the City would be asking for two inspections and noted that they were not
anticipating that this work would take more than a few days and is really just the logistics of getting
the dirt out to the site that is more complicated.
Commissioner Johnson noted that Planning Director Darling had shared that this application
would not be subject to the tree preservation policy and asked about wetland protection.
Planning Director Darling explained that they cannot fill anything in the wetlands because that
would be a violation of the Wetland Conservation Act (WCA) and noted that there will be required
permits from the Minnehaha Creek Watershed District.
Connie Golat, JK Landscape, outlined the wetland area on the island and explained that none of
the work would be performed near the wetlands. She stated that they are planning to use the
double silt fence to wrap around the edge of the affected area and described the permits that they
have already received from various agencies.
Commissioner Holker asked if the City would require there to be any planting or seeding of the
fill.
Planning Director Darling stated that it has to be restored within 7 days after the grading is
finished.
Commissioner Huskins asked Ms. Golat if they had any issues with the proposed conditions.
Ms. Golat stated that they were in agreement with all of the proposed conditions and clarified that
this project is only filling in depressions in the lawn and would not even be bringing in enough fill
to change the topography.
Chair Gorham opened the Public Hearing at 7:20 p.m. There being no comment, he closed the
public hearing.
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Holker moved, Johnson seconded, recommending approval of the Conditional Use Permit
for import of fill in excess of 100 cubic yards for JK Landscape Construction for property
located at 4800 Spray Island, subject to the conditions included in the staff report. Motion
passed 5/0.
B. PUBLIC HEARING – SHOREWOOD PADDLE CLUB – COMPREHENSIVE
PLAN AMENDMENT, PUD CONCEPT AND DEVELOPMENT STAGE PLANS
(Continued from the September 5, 2023 meeting)
Applicant: Admark, LLC
Location: 24560 Smithtown Road
Planning Director Darling gave an overview of the request from Admark, LLC to re-guide this
property from residential to commercial and also to review a concept and development stage plan
PUD for the property. She reviewed the surrounding land uses and details of the lot. She noted
that this item had been continued from the September 5, 2023 Planning Commission meeting, so
the public hearing that was begun that night was still open. She reviewed details of the applicant’s
proposal for hybrid use of the property that would function as a club with indoor pickle ball and
self-storage. She explained that each club member would purchase a storage unit as a condo
and would use it for personal storage and each other would have access to the pickleball court.
She reviewed the proposed plans and the request for a Comprehensive Plan amendment as well
as the application. She noted that when analyzing this, staff took a look at the land use, traffic,
public services, and the transition between commercial and residential properties. She explained
that this property had previously been re-guided from commercial to residential following a land
use study and reviewed the details of what staff took into consideration. She stated that the most
concerning issue, from a staff perspective, is the lack of transition proposed between commercial
use and residential use and reviewed details of what was being proposed. She explained that
the applicant was asking for flexibility in a number of areas including two principal buildings on
one site, setbacks, height, hours of operation, screening, impervious surface coverage, and
parking/loading. She shared concerns staff had with some of the requests with hours of
operations, height of the building, and impervious surface requests. She noted that one of the
site requirements for self-storage facilities would be a caretaker apartment, and noted that
because of the size of this application, she would encourage the Commission to waive that
requirement. She explained that staff feels that this proposal is poorly suited to the size of the
parcel because it is so narrow and does not allow for buffering between the residential and
commercial uses. She stated that staff is recommending denial of both the Comprehensive Plan
amendment and the PUD concept and development plans.
Commissioner Huskins stated that at the September 5, 2023 meeting he had indicated that he
had concerns about exiting from the residential property to the west through the driveway. He
asked if the proposed plans would provide a safety hazard or people exiting through the driveway
onto Smithtown Road.
Planning Director Darling reviewed the proposed driveway location and noted that it would be up
to, but not in, the public right-of-way. She stated that she did not see this as being a safety
concern because this particular property is a low traffic generator but noted that she could have
the consulting engineer take a closer look though prior to Council review.
Commissioner Huskins stated that he would like there to be greater review by the City Engineer
because of the normal traffic along Smithtown Road and reiterated that he wanted to ensure that
there was not a visibility issue for the resident wanting to exit their driveway.
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Chair Gorham stated that he believes that in previous renderings there was some sort of half wall
proposed.
Commissioner Eggenberger stated that even if there was a half wall proposed, they would have
to meet the setback requirements from the road.
Planning Director Darling suggested that they may want to ask the applicant what they were
proposing in this area.
Commissioner Holker asked if the retaining wall was included in the calculations for the proposed
height of the building.
Planning Director Darling explained that she would measure the southerly building to be 23 feet
in height and the northerly building would be about 48 feet the way it is currently shown in the
plans. She stated that the applicant had offered to make modifications and pull the retaining wall
away from the building, that would drop the height of the building to 36 feet in height.
Chair Gorham asked for clarification on the planned uses for each of the buildings.
Planning Director Darling stated that the first floor of one of the buildings would be self-storage
units and the upper floor would be where the pickleball court and lounge area.
Chair Gorham asked if the building would exceed the height limitation without the pickleball court.
Planning Director Darling explained that a private club could meet the 40 foot maximum limit for
the building, but a mini-storage facility is limited to 15 feet in height. She stated that if they did
not move the retaining wall away, then the proposed building would exceed the height
requirement.
Chair Gorham asked if 24/7 hours of operation were common for boat storage facilities.
Planning Director Darling stated that many storage places around the metro have access 24/7.
However, this property is in close proximity to residential property.
Commissioner Johnson stated that her understanding of this request is that it is a private club but
they want commercial stuff happening there so it would essentially be kind of a mixed use. She
asked if the only thing that would stop someone from operating a gift shop out of one of these
units would be the HOA/CIC paperwork.
Planning Director Darling stated that typically these would not be designed to allow businesses
uses within them, so the building code would also preclude that type of use. She noted that the
Commission could include a condition that there would be no commercial uses, if they ended up
recommending approval.
Commissioner Huskins asked if the City had established that they would be prohibited from using
the facility in a rental capacity.
Planning Director Darling stated that there would need to be some constraints on the use for
events in the private pickleball court because they were only proposing 13 parking spaces. She
stated that if they wanted to hold tournaments or birthday parties, there would not be enough
parking.
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Commissioner Huskins stated that they may be able to have them park elsewhere and then bus
them to the site.
Planning Director Darling reiterated that if the Commission decided to recommend approval they
may want to include conditions that would prevent events.
Chair Gorham asked if the parcels to the west that were currently guided for medium density in
the Comprehensive Plan were not currently medium density.
Planning Director Darling stated that was correct and noted that there was one single family home
to the west, a parcel owned by the City, and individual homeowners as you move further west.
Mark Kaltsas, 6015 Cathcart Drive, stated that he owns this property along with his wife and Kim
Schultz. He reviewed the site lines for the driveway access that were asked earlier and noted
that there is about 22-23 feet of City right-of-way from the edge of the bituminous to where he
would start with his landscaping plans. He stated that he did not think his plans would impact the
site line in any way. He clarified that the side wall of the southern building 16 feet with a 4x12
pitched roof on a 38 foot deep building. He noted that the building is about 18 feet tall and noted
that he could easily but it down to 15 feet, if required, but then he would have a flat roof which he
did not think that would have the same residential character as the peaked roof with dormers. He
stated that they do not have hours that they need to operate by, but do want to be able to play
pickleball at night. He reminded the Commission that this was being proposed for a bunch of
people who live in the neighborhood and noted that he felt they could limit the hours of operation
for people bringing trailers in. He explained that they are proposing that this is a secure gated
entrance that would be made of ornamental iron materials and stated that they would strictly
regulate that there be no business use of the property. He stated that they have no interest in
using the property for business or rental usage and would like to build it for personal use as a
private club and not any kind of revenue generator. He explained that the membership in the
private club would be limited to about 15 members. He stated that they are just a group of people
who want to be able to play pickleball in town in their own facility without having to drive
elsewhere. He stated that they were also looking to find someplace to house other items they
own, such as boats. He clarified that these are not rental storage units and noted that he sees
this as a new category of land use that does not yet exist within the City’s designation. He stated
that he thinks it would be better for them to be referred to as ‘lifestyle condominiums’ because the
spaces are purchased and are outfitted accordingly for their hobbies. He stated that it could be
thought of as a ‘man cave’ or ‘she shed’ type space that is located outside of their homes where
they can do things related to their hobby. He shared some history of the parcel, and when it was
last examined, and its current guidance within the Comprehensive Plan. He noted that he had
previously presented concept plans that supported the 6-8 units per acre as outlined in the
Comprehensive Plan guidance, but noted that there was not a ton of support from the City for
those plans.
Commissioner Huskins asked why he felt those plans were not supportive.
Mr. Kaltsas stated that there were about 20 residents from the surrounding area that came out
and shared their concerns about additional traffic and having multi-family residential in the area.
He explained that his interpretation of the feedback from the City Council was that they did not
seem to think that it was a great land use and were generally not supportive of what they had
proposed. He stated that they went back to the drawing board after that feedback to try to find
something that worked for the community. He reiterated that he owns this property and when
they looked at it they saw the need for a transition between commercial and residential property
which he feels this proposal can do. He gave an overview of the nearby commercial uses and
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OCTOBER 3, 2023
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the difficulty in placing a multi-family home project there. He stated that they had discussions with
staff about providing a 50 foot buffer between residential and commercial, however that would be
half of his property. He stated that if he were to develop this as a multi-family project, he would
not have to have a buffer. He explained that he feels what he has proposed would actually act
as a buffer. He stated that he is also offering to plant over 60 trees on the site along with a really
high quality landscape design that he also feels would be a significant buffer. He stated that he
is proposing to stay back 38 feet from the property line and noted that he cannot get it to 50 feet
and still be able to get a pickleball court in the building. He explained that they had their traffic
engineers take a look at a high level at mini-warehouse which is as close as they could come to
the lifestyle condo spaces as well as multi-family residential. He stated that the biggest
distinguishing factor is that residential causes ‘peak’ trips and what he is proposing will have less
traffic, in general, and will not cause peak traffic trips. He noted that the slope in the area does
not provide a way to develop without retaining walls or significant earth movement being
necessary. He noted that he had met with the neighbors and they are comfortable with what is
being proposed. He encouraged the Commission to take the time to go walk his property and
take a look at it more closely, especially the border with the My Car Guy business. He reviewed
renderings of what the private club aspect would look like and explained that it will look and feel
residential inside. He described the storage spaces and noted that when they are done, they are
a step up from a typical garage with nicer finishes. He stated that there would not be any overnight
stays allowed and explained that they want this to look like a country club with high quality
materials. He stated that would include a stone wall with an ornamental iron fencing but noted
that they are open to whatever architectural materials the City would like to see for the building
themselves. He stated that they have also offered to make a sidewalk connection between this
parcel and the American Legion.
Commissioner Johnson noted that he had mentioned other communities that had this type of
lifestyle condos. She stated that she has heard about Waconia and asked what other
communities that looked at and how this use would compare.
Mr. Kaltsas stated that examples of cities that have this type of notable lifestyle condo would be
Chanhassen, Medina, Waconia, Delano, and Watertown. He stated that what he feels is different
and unique about what they are proposing is that they want it right in their neighborhood and be
able to walk a few blocks from their homes to get there. He stated that they are not proposing a
‘car club’ kind of culture which has been seen at the other facilities. He stated that they are made
up of car enthusiasts, but are also much larger with 50-100 units. He stated that their proposal is
much more of a boutique or niche product that they feel fits the neighborhood.
Commissioner Huskins asked how much fill would be required for their project.
Mr. Kaltsas stated that he was not sure, but noted that it would most likely be more than the 100
cubic yards allowed without a CUP. He noted that he would bring those details with him at the
Final Plat stage.
Chair Gorham asked how the other cities who had the lifestyle condos were navigating their city
codes.
Mr. Kaltsas explained that they were being done with PUDs and CUPs and noted that they were
not being done as mini-storage units because these are different and not rentals. He reiterated
that he sees this as an accessory building in their backyard where they would put their boat, but
also couches, t.v., pool table, and a golf simulator. He stated that he feels this use will be a low
intensity use and he feels it will significantly increase property values in the area.
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Commissioner Johnson asked if the PUDs for the other cities were heavily conditioned.
Mr. Kaltsas stated that they are heavily conditioned and noted that their proposed use does not
fit mini-storage or a club, exactly.
Commissioner Holker asked if the rooflines of the two buildings would line up.
Mr. Kaltsas stated that they would not line up and gave an overview of the view from the roadway.
Commissioner Holker confirmed that these units would all be self-contained.
Mr. Kaltsas stated that was correct and noted that they would all be individually owned and secure.
Chair Gorham explained that part of the trouble he was having is that the handout distributed by
Mr. Kaltsas was very different from what was submitted to the Commission for review. He stated
that there wasn’t anything in the application that indicated that it was going to be an extension of
someone’s home.
Mr. Kaltsas explained that their intent has always been this facility with the private club that has
lifestyle type units, which was his best description for the units. He stated that they have agreed
to the proposed conditions of no overnights stays, rentals or business uses. He stated that the
internal use of whether they truly just store a boat or create a room for them to use their golf
simulator would not change the overall number of members or parking spaces required. He stated
that he feels that they will be able to further define some of the things called out in the bullet points
by staff by the time they come back for final approvals.
Commissioner Eggenberger asked what kind of lighting they had planned.
Mr. Kaltsas stated that they have submitted a lighting plan and noted that they were planning
copper gooseneck lights that would come off the building and have zero cut-off. He noted that
they would be a high end LED, dark-sky compliant light.
Commissioner Huskins stated that he felt it would be helpful if the Commission could go item by
item on the staff report recommendations and get input from Mr. Kaltsas.
Mr. Kaltsas read aloud the bullet-point list on page 8 of the staff report. He stated that he could
not limit the height of both buildings to a maximum of 15 feet in height, but could limit the south
building to that height with a flat roof; meet the 50 foot setback, but stated that he could put in
additional fencing and/or landscape screening.
Chair Gorham asked about alcohol consumption.
Planning Director Darling stated that even if alcohol is consumed in the individual units, based on
the State’s interpretation, they will need to have a liquor license.
Mr. Kaltsas continued reading aloud the bullet pointed list on page 8 of the staff report and stated
that they would plan to tie into the existing board on board fencing that My Car Guy already has
and have a discussion with the motel about fencing versus landscaping.
Commissioner Johnson asked if the City had looked at other PUDs that had to do with this kind
of project and noted that they appear to be popping up all over.
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Planning Director Darling explained that she had not taken a look at what other communities were
doing.
Mr. Kaltsas stated that he has looked at other PUDs and noted that he had actually written several
of the ordinances for other communities. He noted that they can vary pretty widely depending on
what the community is trying to do. He explained that he is planning for this to be rated as an S2
building which is not a high occupancy rated building but noted that the upstairs area would have
a different occupancy rating.
Commissioner Eggenberger cautioned the Commission not to be too quick to look at prohibition
of events because he did not think someone having an occasional birthday party would cause a
problem.
Commissioner Huskins explained that his original concern was not based on the owner’s use for
a celebration, but if they were going to use that facility to rent out for events.
Commissioner Johnson stated that she feels that there can be some restrictions on events, even
for members, and gave the example of the Yacht Club.
Commissioner Eggenberger agreed, but noted that he feels that may be something that falls more
under their ownership agreement.
Commissioner Huskins asked if the Commission would have the opportunity in the future, to add
additional conditions.
Planning Director Darling explained that the Council could add conditions up to the point of
approval the PUD and noted that this is the opportunity for the Commission to add additional
conditions for the Council to consider.
Chair Gorham re-opened the continued Public Hearing at 8:49 P.M. noting the procedures used
in a Public Hearing.
Tara Kaltsas, 6015 Cathcart Drive, stated that she would echo most of what her husband had
already stated but explained that she wanted to touch on their previous proposal. She stated that
she had sort of pushed for the villa homes because she wanted her parents to be able to live in
them. She stated that she attended the Council meeting where there was a whole room full of
neighbors who were not at all happy with the multi-family proposal, which is how they ended up
changing to the current proposal. She noted that there was nobody here tonight to complain to
the Commission about their proposal.
Amanda Isaacson, 5960 Afton Road, stated that she and her husband are members of the
American Legion and have been in the community for almost 20 years. She stated that they have
had club experience in the past as members of the Yacht Club and noted that the ability to have
a safe, secure place to store their boat is appealing because they have had things stolen from
their property at the Yacht Club. She stated that this proposal speaks to their needs for safety
and a place to have a safe place to store their boat which also means she will be able to park her
car in her garage at home. She stated that whether they see this as an extension of their home
or a lifestyle condo, she has seen this type of thing popping up more frequently in other parts of
the United States.
Heather McGowan, 3070 Dartmouth Drive, Excelsior, stated that according to her monthly bills,
she lives in Excelsior, Chanhassen, and Shorewood. She stated that they would love to have
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something like this on this parcel and explained that her husband is an avid pickleball player. She
explained that with the cold Minnesota winters they struggle to find space to play and gave the
example of how difficult it is to book a court at Lifetime Fitness. She stated that they also like the
idea of having a place to store their boat as well.
Chris Isaacson, 5960 Afton Road, explained that he has lived here since 2005 and has driven by
this parcel for a long time. He stated that he thinks that this proposal would be a great ‘buffer’
between the properties. He stated that he supports this proposal even though he isn’t sure right
now whether he will actually be part of it as a member. He stated that he thinks what they are
proposing looks beautiful and Mr. Kaltsas does very good landscape work.
There being no additional comments, Chair Gorham closed the public hearing at 8:54 P.M.
Commissioner Eggenberger stated that following the presentation, he was in support of this
proposal. He stated that he feels there are limitations with the site as to what can be done with it
and believes that this is a great plan.
Chair Gorham stated that he feels like what they are actually proposing was not really noticed to
the public. He explained that he feels what they are proposing is something different than what
the Commission had previously seen and from what was sent out to the public. He asked if the
material Mr. Kaltsas had handed out would eventually become part of the record. He stated that
he also feels like staff had not fully vetted local PUDs. He explained that he feels that if Planning
Director Darling understood that this was what they would be talking about he feels she would
have thoroughly taken a look in this area and presented that information to the Commission. He
stated that the Commission is tasked with interpreting the City’s code and he feels in this case
rather than doing that, they are responding to a persuasive argument. He referenced the
Smithtown Crossing intersection and explained that why there is essentially piecemeal type
development of this site. He stated that he agreed that what is being proposed will look very nice,
but it really will just benefit a few people and asked if that would be the best use for the site. He
explained that it is essentially extending property for a few residents at a very visible site of a
visible intersection. He noted that he understands that the applicant had come before the Council
in 2021 with a proposed multi-family project that resulted in an outcry from the community, but
noted that the Comprehensive Plan says that the City wants that type of development.
Planning Director Darling noted that the plan that was proposed in 2021 was a sketch plan and
not an official application.
Chair Gorham stated that the biggest thing for him, from a procedural standpoint, is that he did
not feel that this had been adequately noticed.
Commissioner Holker asked if he was suggesting that a more accurate description be published
in order to garner additional public comment.
Chair Gorham stated that he was not making that suggestion but wanted it noted for the record.
He stated that he was not prepared to discussed a lifestyle condo and did not believe that this
was presented as a lifestyle condo.
Commissioner Huskins asked what would prevent the Commission from tabling this item.
Planning Director Darling explained that if the Commission continued this item without an
extension from the property owner, they would automatically be approving the application
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because it would be beyond 120 day limit. She stated that staff would essentially have to move
this forward to the City Council without the Commission recommendation.
Commissioner Johnson stated that she wasn’t sure that she was comfortable with the conditions
that staff listed because they don’t know what other PUDs have done in other cities. She
explained that because this is sort of a new idea, she would like to have more information on this
topic prior to making any recommendation.
Planning Director Darling stated that she is aware of this type of lifestyle condo use and can
provide that information to the Commission. She stated that, in her professional opinion, they are
proposing a substantial amount of impact on the property. She explained that she felt this
particular application was inappropriate for the property and reminded the Commission that staff
was recommending denial of the application.
Commissioner Holker stated that she was a bit torn and agrees with comments made by
Commissioner Eggenberger. She noted that this is an odd strip of land that is not very pleasing
to the eye, but also agrees with the comments made about what it will actually be used for and
the size concerns for what is being proposed that Planning Director Darling has shared but does
think what they are proposing looks nice.
Commissioner Johnson stated that she assumed that if the Commission liked what was being
proposed they would recommend approval or not, despite what may happen to the other parcels.
Chair Gorham apologized if he had implied that Planning Director Darling had not been thorough
enough in her report and understands the point she made on why staff was recommending denial
of the application. He stated that, to him, the list of conditions for recommending approval was
too large and reiterated that he was not comfortable moving forward because of his lack of
knowledge about lifestyle condos.
Mr. Kaltsas clarified that he had submitted this plan in May of 2023 and had submitted a seven-
page narrative along with pictures. He explained that lifestyle condos were described in that
narrative. He stated that he met with the HOA of the Minnetonka Country Club, neighboring
property owners, as well as friends and family and it has been described exactly as the
presentation was. He stated that the comment made that this application was not presented that
way, he feels came from staff because they wanted to recommend denial. He stated that he was
told that when he first submitted the plans and does not feel that the Commission has been
presented with any information that would support approving their request. He stated that he
feels the report mischaracterizes their proposal and simply recommends denial. He stated that
he had never characterized this as a storage building because he did not feel it fell into that
category. He stated that he would like it on the record that he had never characterized it in that
manner and explained that what he presented in his presentation tonight was in order to provide
clearer context to what was being proposed. He stated that he feels he has been super patient
throughout the process, but noted that he really wants to do something this property. He stated
that when he came to the City with a concept plan in 2021 he asked if the City would sell him their
property so he could put together some sort of master plan for the area and there was not an
appetite for that proposal either. He stated that he would like to do something other than just pay
taxes on this property. He noted that the assessor had appraised this parcel at over $700,000 for
a piece of ground with a bunch of fill, most of the neighbor’s wood pile, and a lot of garbage from
the motel. He stated that he believes their request is reasonable and is a reasonable use of the
property. He stated that he can come back with a multi-family project but when they had brought
that forward last time, both the City and the surrounding residents did not like their idea. He
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noted that if he brought back a project that had seven townhomes, he believes the massing would
be similar to what is proposed for this project.
Chair Gorham stated that he was not aware of lifestyle condos and feels the pictures tell a different
story than the narrative.
Mr. Kaltsas stated that he thinks the conditions noted in the staff report are applicable. He noted
that he is a planning consultant that represents a handful of cities around the metro area. He
explained that was why he had been involved in writing some of the ordinances and knows what
they say.
Commissioner Johnson stated that she understands Mr. Kaltsas’ frustration as well as the
frustrations expressed by the Commissioners. She stated that Planning Director Darling had
included that if the property owner decided to provide an extension of a month in order to allow
them time to iron out some of these issues, that would be acceptable. She asked if Mr. Kaltsas
would agree to give the City additional time.
Mr. Kaltsas stated that he wants to work with the City, but giving an extension would kick his
construction potential out even further and explained that he would be losing money on this
property if he doesn’t move ahead and do something with it. He stated that he would prefer that
the Commission make a recommendation and reiterated his willingness to work with them on the
proposed conditions that were listed. He stated that there had already been two noticed public
hearings on this items and people have not turned up.
Chair Gorham stated that the point made by Planning Director Darling was that it was not really
about lifestyle condos versus storage and was more about the accumulation of factors on this site
that make it incompatible with the Comprehensive Plan.
Commissioner Johnson stated that she understood that but questioned the possible additional
conditions that could be imposed beyond what was listed in the staff report. She stated that she
feels a bit ill-equipped at this point because she does not know what other cities have done with
the lifestyle condo units.
Commissioner Eggenberger stated that there are still 3 weeks before this item will be presented
to the Council.
Commissioner Huskins stated that he came away from the presentation on September 5, 2023
thinking of these more along the lines of storage units because there had been mention of boats
and other items. He stated that he understands that the phrase lifestyle condos was used in the
narrative but noted that he did not recall hearing that terminology at the initial presentation. He
stated that it was helpful to hear Mr. Kaltsas’ feedback about the conditions spelled out in the staff
report. He stated that, in his opinion, it nets out to the potential conflicts in the setbacks,
landscaping/buffering, and the building height. He stated that one thing Mr. Kaltsas stated in his
presentation which he feels is significant is the concept of buffering between residential and
commercial use. He stated that he kind of likes the idea behind the concept and is not bothered
that it is private . He explained that he cannot think of an alternative buffered use that would work
right next door to heavy commercial use. He stated that he did not think what was being proposed
would damage the area and would actually add to the area, but wished the lot was a bit wider.
He stated that he wasn’t sure what the Commission would do with a recommendation and
explained that he felt the Council was going to have to look really hard at these issues with this
proposal. He noted that he was inclined to support this request in order to take it to the next step
for Council consideration, unless there was a way to delay this in order to gain additional
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information and perhaps make it clearer to the community exactly what his proposal is. He stated
that if it cannot be tabled or postponed, then he would vote in order for it to be placed before the
Council.
Commissioner Johnson stated that she disagreed that this proposal was just limited to the three
things mentioned by Commissioner Huskins. She stated that there are still things like a specified
number of people and the uses that are not accurately set forth within the proposed conditions.
She stated that she feels they should ensure that the conditions express that there is no intended
business, rental, overnight stays, or partying uses.
Commissioner Huskins stated that he had just called out those three things as what he perceived
as potential sticking points.
Commissioner Holker asked what Planning Director Darling had intended when she said that they
may want to have a broader discussion about the second bullet point related to the number of
people.
Planning Director Darling explained that they could limit it either based on the amount of parking
available or based on occupancy of the buildings, but noted that building code occupancy can be
liberal in the number of persons permitted.
Chair Gorham asked if the Commission was leaning towards a recommendation of approval
depending on the specifics included in the conditions. He explained that if they were leaning in
that direction he felt they should spend time focusing on the conditions.
Commissioner Eggenberger stated that he was more than leaning towards yes and noted that Mr.
Kaltsas has already agreed to almost all of the conditions that have been set in front of him.
Commissioner Johnson stated that she was also leaning towards approval just so they can iron
out more of the conditions.
Commissioner Huskins stated that he has been persuaded with what is in front of him that he
could support a recommendation of approval. He reiterated that he would prefer to delay a
decision on this until they can get additional information regarding other similar PUDs.
Chair Gorham stated that Mr. Kaltsas has already stated that he would not be in support of a
delay.
Mr. Kaltsas stated that he was not the only owner of this property and reiterated that he was in
complete support of working with the City on various conditions and was agreeable to almost
everything that has been proposed such as limiting the number of people, restricted uses, and
restricted hours. He stated that he wanted this process to keep moving so they can do something
with this property.
Chair Gorham stated that Planning Director Darling has made it pretty clear that staff did not think
it was about other PUDs but everything else.
Commissioner Holker explained that she was also leaning towards a recommendation of
approval. She stated that she was not ignoring the issues that have been brought up by Planning
Director Darling, but is okay with them. She stated that she was also concerned about potential
conditions. She asked if the Commission can make a recommendation to the Council, but have
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
OCTOBER 3, 2023
Page 13 of 14
more information by the time it goes before them so they are more informed about what some of
the other communities have done.
Planning Director Darling stated that she can do some research on what other communities have.
She explained that she understood exactly what the applicant was proposing for this application
and her proposed conditions were solely put there in case the Commission did want to
recommend approval that there would be a way to protect the City. She stated that the
recommendation on the heights of the building was in order to blend this use with the closest use
that they have within the ordinance. She stated that she did not think they can deny that there is
a firm connection between what they are proposing and what a storage unit is, regardless of how
it is owned, because they are still a storage facility, even if they are ‘fancy’ storage.
Commissioner Eggenberger asked if the City had to approve the agreement they would have with
the owners.
Planning Director Darling explained that the City approves the initial agreement and stated that
she looks them over to ensure that they include any conditions that the City may apply She stated
that the issue with a Common Interest Community (CIC) documents is after the fact they make
changes to those documents, the City has no review authority. She stated that she would
recommend that they put conditions within the PUD in order to reflect the uses that they do not
want.
The Commission discussed details for potential inclusion in the conditions.
Eggenberger moved, Johnson seconded, recommending approval of the Shorewood
Paddle Club – Comprehensive Plan Amendment, PUD Concept And Development Stage
Plans for property located at 24560 Smithtown Road, subject to the conditions as
discussed and amended by the Commission. Motion passed 4/1 (Gorham opposed).
Planning Director Darling stated that this item would come before the Council on October 23,
2023.
5. OTHER BUSINESS
6. REPORTS
• Liaison to Council
Council Liaison Callies reported on matters considered and actions taken during the Council’s
recent meetings.
• Draft Next Meeting Agenda
Planning Director Darling stated there are no current applications so she would be working on
things like code updates.
Commissioner Huskins stated that he may still be out of town for the November Planning
Commission meeting date.
Chair Gorham stated that he would also be out of town on November 21, 2023.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
OCTOBER 3, 2023
Page 14 of 14
Planning Director Darling stated that if anyone else has a conflict with that meeting date she needs
to know as soon as possible.
Commissioner Johnson commended Planning Director Darling for her hard work and
thoughtfulness on the work she put into potential conditions for the Shorewood Paddle Club
proposal.
The Commission discussed assigning members to present to the Council:
November – Commissioner Eggenberger
December – Commissioner Huskins
January – Commissioner Johnson
February – Chair Gorham
7. ADJOURNMENT
Huskins moved, Johnson seconded, adjourning the Planning Commission Meeting of
October 3, 2023, at 9:55 P.M. Motion passed 5/0.
Memorandum
To: Marie Darling, Planning Director, City of Shorewood
From: Josh Phillips and Jen Koehler, Barr Engineering Co.
Subject: Shorewood Paddle Club Preliminary Plat Review
Date: August 3, 2023
Project: 23271987.00
The following documents were submitted for review of
Surface Water Management Plan and Engineering Standards:
Shorewood PUD Application and Formal Comprehensive Plan Amendment, signed 6/16/2023
Site Development Plans including cover sheet, ALTA survey, general notes, site plan, grading plan,
and utility plan, dated 6/10/2023
This review included the documents listed above and additional prior PUD Application materials, primarily
dealing with grading, parking, utilities, and stormwater management.
General
1. The development shall be designed and constructed according to the City Standard Specifications
and Details.
2. Prior to the start of any construction, permits shall be secured with the following at a minimum:
a. Minnehaha Creek Watershed District
b. MPCA Construction General Permit
c. Minnesota Department of Health
d. Metropolitan Council Environmental Services
e. City of Shorewood
3. Geotechnical investigations and reporting need to be performed for the retaining wall design and
to evaluate the potential for stormwater infiltration. This geotechnical analysis needs to be
submitted for review.
4. Retaining wall heights range from 0-16 ft, are within 5 feet of the property line, and a note on the
plans indicates that the retaining wall will be by others. Any walls greater than 30
inches will require a guard rail fence or other safety barrier and walls greater than four feet will
required design by a professional engineer. Details of the retaining wall design and fencing need
to be submitted for review. No work is allowed on adjacent properties without prior written
authorization from the adjacent property owner.
5. Additional general comments may be forthcoming in future plan submittals.
4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 | 952.832.2600 |www.barr.com
To: Marie Darling, Planning Director, City of Shorewood
From:JoshPhillipsand Jen Koehler,Barr Engineering Co.
Subject: Shorewood Paddle Club Preliminary Plat Review
Date:August3, 2023
Page:2
Streets, Parking, and Pedestrian Access
1. Vehicle access for the site is from Smithtown Road. Smithtown Road is a two lane road at this
location with no turn lanes or shoulders. This parcel was historically used as overflow parking for
the American Legion. The anticipated traffic and daily use for this facility is unclear an difficult to
predict, please submit a summary of anticipated daily use and/or estimated traffic/turns per day
to the site.
2. A existing sidewalk is located on the south side of Smithtown Road at this location. No sidewalk
exists on the north side of Smithtown Road at this location and no sidewalk is proposed in the
north right of way as part of this development.
3. No sidewalks are proposed on the development site. Pedestrian access to doors and vehicles will
be through the driveway and drive lanes of the site.
4. The project narrative indicates that the proposed development provides 6 exterior parking stalls
plus up to 15 private spaces inside the club units. A minimum of one van accessible parking space
with aisle needs to be provided for the exterior parking stalls. The anticipated daily use for this
facility is unclear and depending on use, additional parking spaces may be needed.
5. The parking layout with parking immediately adjacent to the retaining wall (and required fencing)
does not currently appear to allow for vehicles in the furthest east parking spaces to be able to
back out and leave the parking spots. A space to back into for exiting these parking spaces needs
to be provided. Additionally, applicant shall confirm whether drivers could reasonably open doors
to access vehicles in the furthest east parking spaces due to the retaining wall (and required
fencing) in this location.
6. Truck loading/unloading areas need to be noted on the plans.
7. The transition from full height curb and gutter at the proposed development driveway access to
the rural street section at Smithtown Road needs to be clarified.
8. Traffic control plans, including any detours, will need to be submitted for the closure of
Smithtown Road to perform utility connections in the street.
9. Additional comments on streets, parking, and pedestrian access may be forthcoming in future
plan submittals.
Sanitary Sewer and Watermain
1.
sewer lines. 12 feet of separation is provided, which meets this requirement.
2. A minimum of 18 inches of vertical separation is required at all all utility crossings. Profile views of
the proposed utilities need to be submitted to verify this vertical separation is provided.
3. Water main needs to be ductile iron pipe, Class 52 and fully encased in polyethylene film of 8 mil
minimum nominal thickness or 4 mil high-density cross-laminated per AWWA C105.
4. The utility plan needs to be updated to show the locations of all fire lanes and fire lane signage, in
addition to the already shown: turn arounds and dead ends (with turning radius calculations), the
hydrant, and any above or below ground storage tanks already shown, post indicator valves, and
below ground storage tanks. The plan also neds to be modified to be in compliance with fire lane
requirements as provide by the Fire Marshal. Documentation that the below ground storage tanks
provide sufficient structural support for fire truck loading need to be submitted for review.
5. Water and sewer connection fees will be required in accordance with the latest version of the City
.
P:\\Mpls\\23 MN\\27\\23271987 Development Review Assistance\\WorkFiles\\JPP Review\\2023.08.03_Comments Memo_Barr.docx
To: Marie Darling, Planning Director, City of Shorewood
From:JoshPhillipsand Jen Koehler,Barr Engineering Co.
Subject: Shorewood Paddle Club Preliminary Plat Review
Date:August3, 2023
Page:3
6. Additional comments on sanitary and watermain may be forthcoming in future plan submittals.
Stormwater Management and Grading
1. The property must meet the City of Shorewood Surface Water Management Plan Regulations
(Section 5.3) and should be summarized in a report in future submittals. The stormwater models
reflecting the current design need to be submitted for review as part of the submittal.
2. Work in the Smithtown Road right of way needs to be included in the drainage areas, stormwater
modeling, and calculations.
3. Peak discharge rates for a 1-year, 10-year, and 100-year storm events need to be summarized
separately for each location where runoff leaves the site in existing and proposed conditions.
Proposed peak discharge rates shall not exceed existing peak discharge rates at all points where
runoff leaves the site.
4. The proposed surface filtration basin and underground sand filtration shall be sized to
accommodate a 100-year storm event.
5. New storm sewer systems shall be sized to convey flows from a 10-year storm event. Calculations
for storm sewer sizing need to be submitted for review and approval.
6. List the 100-year high water level (HWL) of all stormwater management features on the plans or a
drainage exhibit. The minimum building opening
projected 100-year high water elevation for the area. If this three-foot building opening
freeboard requirement is considered a hardship, the standard could be lowered, in accordance
with Section 5.3 of the City of Shorewood Surface Water Management Plan Regulations, if certain
conditions are met.
7. An emergency spillway (emergency outlet) from ponding areas and low points shall be installed a
e designed to have a
capacity to overflow water at an elevation below the lowest building opening at a rate not less
than three times the 100-year peak discharge rate from the basin or the anticipated 100-year
peak inflow rate to the basin, whichever is higher. This emergency spillway or outlet needs to be
shown on the plans.
8. Abstraction of one inch of rainfall times the net new impervious of the site is required, where
feasible. If the soil characteristics are not suitable for infiltration and other abstraction methods
are not feasible, the same volume will be required to be treated through filtration practices. Soil
borings need to be provided to demonstrate why filtration is proposed with a liner for the surface
filtration basin and underground sand filtration system rather than providing abstraction through
infiltration.
9. If abstraction is not feasible, consider implementing iron-enhanced sand or other enhanced
filtration methods to increase water quality treatment.
10. For the proposed surface filtration basin, the drain tile should extend through the basin rather
than ending in the side slope of the grading on the east side of Building 1.
11. The implementation of low impact development (LID) techniques shall be considered for the
proposed project to the extent practical and feasible.
12. An operations and maintenance plan for the proposed stormwater management system needs to
be included with future submittals. Owners of private stormwater facilities will need to 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.
P:\\Mpls\\23 MN\\27\\23271987 Development Review Assistance\\WorkFiles\\JPP Review\\2023.08.03_Comments Memo_Barr.docx
To: Marie Darling, Planning Director, City of Shorewood
From:JoshPhillipsand Jen Koehler,Barr Engineering Co.
Subject: Shorewood Paddle Club Preliminary Plat Review
Date:August3, 2023
Page:4
13. As-builts of all ponding areas and designated emergency overflows will be required as part of
project closeout.
14. Additional comments on stormwater management and grading may be forthcoming in future
plan and stormwater management plan submittals.
P:\\Mpls\\23 MN\\27\\23271987 Development Review Assistance\\WorkFiles\\JPP Review\\2023.08.03_Comments Memo_Barr.docx