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01-27-20 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 27, 2020 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ C. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes from January 13, 2020 Minutes B. Approval of the Verified Claims List Claims List C. Accept Improvements and Authorize Final Payment for Director of Public Works Memo 2019 Pavement Marking, City Project 19-03 Resolution 20-008 D. Approve Change Order No.1 for 2019 Street Overlay Director of Public Works Memo Project, City Project 19-02 Resolution 20-009 E. Approval of Assessment Agreements for Water Connections City Administrator Memo Resolution 20-010 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING A. Report by Commissioner Gault on 01-07-20 Planning Commission Meeting Minutes CITY COUNCIL REGULAR MEETING AGENDA – January 27, 2020 Page 2 B. Comprehensive Plan Amendment, Rezoning and Planning Director Memo Preliminary and Final Plat for “Walnut Hill” Resolution 20-005 Location: 24340 Yellowstone Trail Applicant: Debra Hunt (Marvin Boote Trust) 8. ENGINEERING/PUBLIC WORKS A. Approve Encroachment Agreement for Retaining Wall in ROW Engineer Memo Location: 23290 Park Street Resolution 20-011 9. GENERAL/NEW BUSINESS A. Amendment to City Code Chapter 302: Sale of Tobacco City Clerk/HR Director Memo Ordinance 571 Resolution 20-012 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Investments Fourth Quarter, 2019 Finance Director Memo B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 13, 2020 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson (arrived at 7:02 p.m.) Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and City Engineer Budde Absent: None B. Review Agenda Mayor Zerby noted that staff had asked that item 7A. be removed from the agenda, at the request of the applicant. Labadie moved, Sundberg seconded, approving the agenda as presented. Motion passed 4/0. Councilmember Johnson arrived at the meeting. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of December 9, 2019 B. City Council Regular Meeting Minutes from December 9, 2019 C. Approval of the Verified Claims List D. Open Book Meeting Date, RESOLUTION NO. 20-001, “A Resolution Setting the Open Book Meeting.” E. Accept Arctic Fever Event Donations from: American Legion Post 259 and Clarence Clofer Auxiliary Unit 259, RESOLUTION NO. 20-002, “A Resolution Accepting Donations to the City of Shorewood 2020 Arctic Fever Event.” F. Council Out of State Travel Policy Annual Review CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 2 of 12 G. Mileage Rate Reimbursement H. Approve Water Efficiency Grant with Met Council, RESOLUTION 20-003, “A Resolution Approving a Contract with Metropolitan Council for a Water Efficiency Grant.” I. Approve Seasonal Hires: Ice Rink Attendants J. Appointment of City Election Judges for 2020 Elections, RESOLUTION NO. 20-004, “A Resolution Appointing 2020 Primary and General Election Judges and Establishing an Absentee Ballot Board.” K. Year End Report for Deer Management, AIS Program, and Mosquito Control District Motion passed 5/0. 3. MATTERS FROM THE FLOOR Kathy Ottum, 30 Lilah Lane, Tonka Bay, stated that she has a few questions regarding the feasibility report the City received regarding the proposed holding pond in her area. She asked if the entire Council and all staff had a chance to study the feasibility study. She stated that at the November 23, 2019 meeting, Councilmember Siakel had asked the City Administrator to look into alternative solutions if the City could not put the holding pond on the proposed site. She asked what had been done so far looking at the alternatives and stated that she would like to know the intent of the Council. City Administrator Lerud stated that as of this date, nothing further has been done. He stated that the next step staff took from that meeting was to move towards completing the archeological investigation. He stated that the City is looking to receive a proposal from Bolten and Menk to do that investigation, but noted that the snow has to be off the ground in order for them to conduct the investigation. Ms. Ottum asked why the archeological study was initiated. Lerud said the studies are required by statute and have been done on the proposed island road project as well. He said they are done to ensure the proposed work does not impact any archeological sensitive areas. For this particular project, the city wants to determine if there are any archeological impacts to the area proposed for the storm water pond before moving toward final design, should there be no other alternative. Matt Doepke, 20350 Excelsior Boulevard, stated that he appeared before the Council on October 28, 2019 when he proposed a change to the short-term rental licensing in the City. He asked if there had been any progress made with his proposal. He noted that since he last appeared before the Council, he had conducted a bit more research on short-term rental licenses. He explained some of the background of the history of the short-term rental business models such as Home Away, VRBO and AirBnB. He shared some reasons that he thinks having a short-term rental ordinance would benefit the City. He noted that if there are family or friends coming to visit, the nearest hotels are in either Chaska or Wayzata and they are very expensive. He noted that in doing his research, he came across Prior Lake who implemented a short-term rental ordinance CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 3 of 12 and things have gone really well for them. He reviewed some of the key points of their ordinance and asked that the Council to consider creating an ordinance similar to Prior Lake that allows short-term rentals in the City. He distributed copies of his research as well as information on Prior Lake’s ordinance. Mayor Zerby noted that the Council will take his information under consideration. He stated that Mr. Doepke is the first person to come before the Council with this request and stated that it would be nice to see some additional support from other residents. Councilmember Labadie noted that there is a hotel in Chanhassen and a bed and breakfast in Excelsior. She stated that if the City decides to pursue this further, she would like staff to look into the annual fee charged by Prior Lake and how many man hours were required to inspect the homes. She stated that she would also like to know who would enforce the restrictions that may be put on street parking and watercraft parking. She stated that she would like someone to follow up with Prior Lake to see if this has caused any sort of burden on their city with these types of staffing issues. Councilmember Siakel stated that she agrees with Mayor Zerby that she would like to see if there is additional interest from other residents. She stated that she has had more residents give her feedback that they do not want short-term rental properties in the City. Councilmember Sundberg stated that she appreciated the time that Mr. Doepke has spent researching the issue and bringing the Council some ideas that may help it work in the City. She noted that she has concerns about frequency and terms for the short-term rentals. 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS - NONE 6. PARKS - NONE 7. PLANNING – NONE 8. ENGINEERING/PUBLIC WORKS - NONE 9. GENERAL/NEW BUSINESS A. Annual Appointments and Designations for 2020 City Clerk Thone explained the Council makes annual appointments and designations and the 2019 appointment information was included in the Council packet. Councilmember Siakel noted that Mayor Zerby has a great attendance record and the need for an Acting Mayor has only arisen a few times. She stated that she would be happy to allow one of the other Councilmembers to serve in this position if they would like to. Councilmember Labadie stated that she would like the opportunity to serve as Acting Mayor. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 20-006, “A Resolution Designating the 2020 Annual Appointments to Certain Offices and Positions Within the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 4 of 12 City of Shorewood, with the revision that Councilmember Labadie will serve as Acting Mayor.” Motion passed 5/0. B. Recycling Committee Proclamation City Administrator Lerud noted that a few members of the Recycling Committee attended a recent Council work session to explain what they had been working on. He asked Councilmember Sundberg to explain the proposed proclamation. Councilmember Sundberg reviewed the most recent proclamation. She commended Recycling Committee Chair Joe Schneider and the whole committee for doing excellent work Siakel moved, Sundberg seconded, accepting the amended Recycling Proclamation as presented. Motion passed 5/0. C. Request for More Time to Correct a Code Violation Planning Director Darling stated that on September 4, 2019, the City received a complaint from residents alleging that the property owners of 1010 Holly Lane had removed a tree and used the pieces to construct dams and place obstructions in a stream that runs through their property. She noted that a summary of the violations, the inspections and enforcement actions that have been taken is included in the staff report. She stated that the property owners’ legal counsel submitted a request for additional time. She stated that staff is recommending that the Council not allow additional time to correct the code violation due to the weather conditions that are needed to clear the obstructions. Paula Callies, 4272 Dahlberg Drive, Golden Valley, stated that she is representing the property owners and that they are unable to attend tonight’s meeting. She stated that she feels her clients are entitled to a hearing to address the merits of the allegations. She stated that tonight she is simply asking for more time on behalf of her clients. She stated that the staff reports refer to a complaint made about some things that happened in 2018 which to lends to her opinion that there is not a particular sense of urgency in this situation. She stated that her clients were sent a notice in December, right before the holidays, when her clients were not in town and noted that she believes both the complainants and the City were aware of. She noted that her clients did contact the City via e-mail as soon as they received the notice. She stated that her clients will be back in February and have requested additional time so they can meet face to face with staff upon their return to discuss the issue. She stated that she does not feel it is clear what the City would like her clients to do to address this issue and stated that her clients feel the situation has been exacerbated by neighboring properties as well. She reiterated that they are requesting additional time in order to meet with staff when they return to town in February. Councilmember Sundberg asked when the Fields would be back in town. Ms. Callies stated that they will be back on February 27, 2020. Councilmember Siakel asked if the Fields had received the original notification prior to leaving town. Ms. Callies stated that they received it after they left town and noted that they had left in September of 2019. She stated that they feel there are larger issues that need to be investigated for the drainage in the whole area. Michael Nicklow, 1030 Holly Lane, stated that they have lived here for 10 years and have never had problems with drainage until the spring of 2019. He stated that his property is basically a natural amphitheater because of the topography. He gave an overview of the usual route of the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 5 of 12 draining water on Holly Lane. He stated that he had contacted the City in March of 2019 and Public Works Director Brown sent out a truck to clear the culvert but were unable to clear it. He stated that then Public Works Director Brown sent out a pump to pump down the water level and it operated for days. Mr. Nicklow stated that he contacted Mr. Fields at this time and told him the culvert needed to be cleared so his home at 1030 Holly Lane would not sustain any further damage. He stated that Mr. Fields was not concerned about his property, but told him that it was illegal for him to dump his water on Mr. Fields property. He stated that Mr. Fields told him that he would be responsible for any damage to 1010 Holly Lane. He stated that when the culvert was eventually cleared, they found large pieces of cut tree, branches and other debris and the natural water was once again moving freely through the culvert, as designed. He stated that a neighbor told him that Mr. Fields was filling the culvert back up. He stated that his yard became extremely saturated and the water started approaching their home. He stated that he is concerned about the foundation of his home with the water. He stated that he wanted to thank Planning Director Darling for her response in this situation. He stated that he is requesting that the Council deny the request to extend the time to resolve this issue and restore the culvert back to its original state. Tom Hayes, 21135 Christmas Lane, stated that the first time it was discovered that Mr. Fields had stuffed the culvert, Mr. Fields response was that he did not want the water going under his home. He stated that it is disturbing that one neighbor has chosen to divert the water and damage the other neighboring properties. He stated that Mr. Fields has taken the same actions twice and is now asking for time to talk to the City. He reiterated that this is one neighbor doing something that purposefully inflicted damage on the other neighbors and he does not feel this is right. He asked that the Council deny the request for additional time and insist that Mr. Fields follow the law. Planning Director Darling stated that she had one correction to what Mr. Hayes stated and that is that the culvert that was cleared was not on City property, but on private property. Ms. Callies stated that she wanted to object to the inflammatory comments made by Mr. Hayes. She stated that what the Council is being asked to do today is to allow the Fields additional time to address the situation. She stated that the Fields deserve the right to discuss this situation with the City. She stated the Fields believe there has been diversion of water to their property as a result of construction projects in the area and filling in wetlands nearby. She stated that she questions whether this issue is within the City’s purview or whether it should be handled by the Minnehaha Creek Watershed District. Greg Elliott, 1050 Holly Lane, explained the usual drainage pattern in the area. He stated that he personally observed Mr. Fields cutting down a tree and then creating three dams across the stream on his property. He stated that this action caused property damages including flooded basements. He noted that he believes there is some misinformation included in the Council packet. He stated that he has lived next to Mr. Fields for twenty years and his tactics during this time have been what he refers to as delay and deceive. He stated that he built a house over the last four years and believes that Mr. Field called the City a minimum of thirty times and caused a lot of problems for the developer and the landscaper. He stated that the information submitted by Mr. Fields in the packet is full of inaccuracies and accuses him and his builder and landscaper of many things that just did not happen. He stated that he feels Mr. Fields is once again using the tactics of delay and deceive. He stated that he is asking the City not to grant the request for a delay because they would like to see the stream cleared especially because nobody knows what the spring thaw will bring. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 6 of 12 Joe Schneider, 21125 Christmas Lane, stated that his former residence was where the run off stream entered Christmas Lake at 1035 Holly Lane. He stated that he lived at that property for nineteen years and during that time there was no change to the flow of water until last year when the alleged activities by Mr. Fields happened. He stated that neighbors saw it being done and there is no question in their minds as to what happened and what changed. He stated that he was involved after the first go around with this issue and noted that he had spoken with the watershed district to ask them if there was a permit issued for Mr. Fields to dam the area and they said no and that they would not have allowed it. He stated that he feels the watershed district washed their hands of this situation because it was done without a permit. He stated that this is not “news” or new information to Mr. Fields and he does not support allowing additional time to come into compliance. Councilmember Sundberg asked if Planning Director Darling had any conversations with the watershed district. Planning Director Darling stated that the watershed district replied in writing to a request for enforcement action that the homeowners requested. She stated that she has talked with them about it and because there is not a delineation for the 1010 Holly Lane property, they did not feel it was within their jurisdiction to take action. Mayor Zerby stated that last year was an outlying year in terms of weather pattern because there was a lot of rain and the City dealt with pumping multiple areas of water throughout the City. He stated that there were problems all over the City last year so he cannot say that the problem is solely related to the logs being placed in the culvert. He stated that it may have been a part of the reason for the problem, but may not have been “the” reason. He asked about the fire lane near 1010 Holly Lane. Planning Director Darling noted that Chanhassen may not call it a fire lane, but it is dedicated public access. She noted that the 1996 drainage map included in the packet would show some of the culverts and drainage patterns in the area. Mayor Zerby stated that he approaches these situations cautiously when neighbors come with what they think will fix the problem, because sometimes these situations are more complex than they appear. Councilmember Sundberg stated that she disagrees because there are witnesses that saw Mr. Fields put debris into the culvert. Councilmember Siakel asked Public Works Director Brown if his crew had cleared the culvert last spring and if so, what kind of material they found. Public Works Director Brown stated that he received a call from the residents at 1030 Holly Lane who told him that their house was in danger of flooding because water was not flowing through the culvert. He stated that they had a crew in the area with the jetter, which is what is used to open up frozen culverts. He stated that they had assumed the culvert was frozen because there was quite a substantial layer of ice that was on top and had pooled up near the driveway. He stated that they attempted to jet the culvert out but were unsuccessful and were not able to determine what was blocking it at that point. He stated that then they proceeded to pump the area to clear the water. He noted that after the pump had been placed, he went out and took a look and determined by a visual inspection, the water was close to the residents at 1030 but he felt it would only effect their driveway and would not enter their home, so they planned to remove the pump. He stated that the homeowner at 1030 Holly Lane requested that the City leave the pump in place until there was need for it elsewhere in the City. He explained that they allowed that over the weekend but then removed the pump. Planning Director Darling stated that when she walked the property, she noticed that what had been a defined drainage way now has a significant amount of debris. She stated that she could CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 7 of 12 not see all the way through the culvert but noted that there was a trickle of water coming through consistent with what would be expected at that time of year. Mr. Nicklow presented the Council with pictures of what was removed from the culvert and the elevation of the water. Mayor Zerby asked when the material was removed from the culvert. Mr. Nicklow stated that he believes it was March 19, 2019. Councilmember Sundberg asked Mr. Elliott to return to the podium. She asked him to describe what happened when he allegedly witnessed Mr. Fields putting the debris into the culvert. Mr. Elliott stated that he witnessed it two separate times. He explained that it happened throughout the summer of 2018 after Mr. Fields felled a large tree, cut it into smaller pieces and made a series of three dams downstream of the culvert. He stated that he witnessed him do this from his driveway and saw Mr. Fields attempt to hide behind the bushes because he did not want people to see him putting in the dams. He stated that in the spring of 2019, the drainage problems began and Mr. Fields was aware of it because he had a caretaker that was out with a phone camera surveying the situation. He stated that after the pump was taken out, Mr. Nicklow hired a backhoe to come and remove the debris from the area near the culvert so the water could once again flow freely. He stated that again during the summer of 2019, he witnessed Mr. Fields putting debris into the stream, which appeared to be a lot of the same pieces of the tree that had been removed the previous spring. He stated that his son made a video tape of some workers that Mr. Fields hired to come out and do the work. He stated that he had submitted that to the City. He reiterated that he feels that Mr. Fields knows exactly what he is doing and really does not believe that action should be delayed because he will just continue to argue that he feels he is in the right to be able to do this. Ms. Callies stated that she feels it is grossly unfair to be conducting a trial here without Mr. Fields being present. She explained her interpretation of the City Code that Mr. Fields would have the right to an administrative hearing. She stated that the residents are characterizing Mr. Fields in a very negative manner and thinks it is important to note that at one time all of these neighbors were friends and there has been a falling out. She stated that she echoes Mayor Zerby’s comments and noted that this situation suggests a neighborhood dispute with personal issues. She asked the Council to read the City Code that is being discussed because she believes it is important. She stated that she asked for a copy of the map that is referred to in the City Code, but what she was sent is the copy that was included in the packet from 1971 with little green blobs. She stated that she feels this map is very vague and noted that her clients have presented other documents to show the natural drainageway in the area. She stated that there is a complicated drainage pattern and issue in the area. She stated that it appears as though there is some retaliation in the complaint as a result of Mr. Fields expressing concerns about construction on the adjacent property. She reiterated that they are just asking for an extension of time in order to address the issue and explain the situation to the City. Councilmember Siakel stated that she is not clear as to why the Fields cannot make a phone call to explain their situation and asked why they are asking to wait until the end of February. She stated that she does not understand why there is not more of a sense of urgency on their part. Ms. Callies stated that they have been in communication with the city but Planning Director Darling’s response has been “no”. Planning Director Darling stated that was not correct. She stated that she said it would not be appropriate to wait until the end of February to meet. She stated that she gave them an open schedule over the next two weeks, where she would be happy to meet with them on all but one day. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 8 of 12 Ms. Callies stated that she feels it was a bit unclear because Planning Director Darling said she is willing to meet in the next two weeks, but yet the recommendation in the packet was that the Council not agree to an extension. Councilmember Labadie stated that the violation notice was sent and a deadline was given to clear the obstruction. She stated that the deadline has come and gone and now to request additional time, the property owner much show that they are unable to correct or abate the code offense in that time frame. She stated that she does not feel Ms. Callies has shown the Council any reason why the Fields are unable to correct or abate this code offense. She stated that there are statements prepared by the City staff stating that waiting until spring thaw or thick snow will complicate the clean-up. Ms. Callies stated that they are unable to correct or abate the situation because they are not in the State and they also do not agree that there has been a violation. She stated that if there were a citation issued, the Fields would have the opportunity to challenge that determination at an Administrative Hearing. She stated that the Council has the discretion to make the decision to grant a short extension of time so that this bigger issue can be discussed. She stated that the ground is frozen and there is already snow on the ground which she feels gives some latitude to allow for an extension of time. Councilmember Labadie stated that there are many property owners in the City that winter elsewhere. She stated that she does not feel that can be used as an excuse not to follow the rules in the City. Councilmember Siakel stated that Mayor Zerby is correct that there have been many people coming before the Council regarding drainage issues and the City has taken some significant actions to address them. She stated that she is not in favor of allowing an extension to the end of February simply because the Fields are out of town because she does not feel that is a compelling enough reason. She stated that it may be possible that there is more than one issue causing the drainage issues, but noted that the debris in the culvert seems to have contributed. Ms. Callies stated that there is no date on the picture submitted by Mr. Nicklow and noted that the Fields have submitted a picture that shows silt and debris moving down form the property above them. She stated that the Council is assuming the information presented by Mr. Nicklow is correct and she does not think that is what the Council should be determining tonight. She reiterated that the Fields are asking for an extension in order to allow this issue to be explained. Mayor Zerby stated that this agenda item is to consider an extension to address a code violation and is not an extension to discuss a code violation. He stated that he agrees that there needs to be discussion with the residents and with the City Engineer about the drainage in the area. He stated that he is not convinced that this one thing is the culprit for the rising waters. He stated that it does not appear as though Ms. Callies is asking for an extension to correct the code violation, but simple to discuss the issue. Ms. Callies stated that for all the reasons she previously stated, they do not feel there is a code violation and are asking for additional time to demonstrate that fact and explain the larger issue in this situation. Planning Director Darling stated that if the Council would like, she can issue a citation. She stated that because this issue is causing problems, she was not planning to issue the citation and simply CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 9 of 12 move towards resolving the issue. Ms. Callies asked if that meant the City would move immediately to abatement without actually issuing a violation of the City Code. City Attorney Keane stated that the Zoning Administrator is seeking corrective action in the form of an abatement prior to issuing a code violation citation. Planning Director Darling noted that the abatement will be on the next agenda for the Council and is not on tonight’s agenda. Councilmember Siakel asked for an explanation of the process since things appear to be getting somewhat muddy. Planning Director Darling stated that if the Council approves or denies the request for the extension, staff has the same process, but a different timeline. She stated that they would look at the physical changes that would be needed on the property, including a restoration plan. She stated that a Public Hearing would be scheduled regarding clearing the obstructions. She stated that if the property owners would not allow access to clear those obstructions, the City would petition the courts to get permission to enter private property to conduct the work. She explained that if permission was granted, the City would go ahead and do the work and follow up in the spring to make sure that the restoration work was completed to Code. She stated that the City could take a look at assessing the costs to remediate the work back to the property owner. Councilmember Labadie asked if the property owner was found in the wrong and the costs were assessed back to the property owner, whether there would be any kind statutes that would allow for double or triple costs in this kind of enforcement issue. City Attorney Keane stated that there is no provision for multiples. Ms. Callies stated that she is not clear as to what the next step in this process would be. Mayor Zerby asked City Attorney Keane to address what the correct approach would be when a resident basically says that they are not guilty in this kind of situation. City Attorney Keane confirmed that on December 6, 2019, Planning Director Darling issued a notice of a violation and in the notice requested a corrective measure to be undertaken by the property owner by December 23, 2019. He stated that this is an administrative determination, not a citation. He asked what the property owners appeal rights would be under the zoning administration. Planning Director Darling stated that these particular regulations are not within the zoning ordinance, so it would be what follows with any order that the City would place for correction of a violation for City Code. She noted that she believes those can be appealed directly to the City Council, but according to the administrative section of the code, the appeal to an administrative officer only occurs after a citation has been issued. Councilmember Siakel stated that she goes back to Councilmember Labadie’s comment about the decision before the Council. She stated that if there is a clogged culvert, she does not understand why the City would want to do anything that may contribute to the issue. She stated that she thinks the first step should be that the culvert is cleared and the second should be to figure out the process of how to deal with the issues in the neighborhood. Councilmember Johnson stated that he agreed. Councilmember Labadie stated that she agreed and noted that a violation notice had been issued to the owner with a deadline that has passed. She stated that she still does not feel she has been shown why the property is unable to correct or abate the violation within the prescribed timeframe. She stated that she feels the immediate issue is to get the culvert cleared and then the City can take a look at the bigger issue in this area. She stated that she is leaning towards denying the extension for remediation of the obstruction. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 10 of 12 Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 20-007, “A Resolution Denying a Request for Extension to Correct Code Violation for Property Located at 1010 Holly Lane.” Mayor Zerby stated that this is a difficult situation and he feels there needs to be a broader view of what the City needs to do in this situation. He reiterated that he is not sure that this is the only reason that there are problems in this area. Councilmember Siakel stated that she agrees that the City needs to look at the bigger picture, but she feels that if the Council moves forward with the denial, the behind the scenes process will start now rather than at a later Council meeting. Councilmember Sundberg stated that the Fields have had time to address the situation and nothing has been done. Councilmember Labadie stated that she does not feel that anyone at the Council table or staff has said that this is the only reason that there are drainage problems in the area. Councilmember Johnson noted that he had walked the site with Mr. Schneider and Mr. Elliott and from what he could see it was fairly clear that actions had been taken to prevent water from going through the area. He stated that he sees tonight’s actions as a way to prevent immediate damage in the spring while the City, along with the Fields, are looking at the bigger picture of drainage in the entire area. City Attorney Keane stated that his recommendation is to issue a citation and ask that the facts be promptly heard by a hearing officer. City Administrator Lerud stated that because there have been questions about the appeal process, issuing a citation would give an official process for the Fields to appeal. City Attorney Keane stated that his concern is with the City taking extraordinary remedies on private property without property fact and legal findings. Councilmember Labadie asked if he was suggesting a two-part motion with the first being a vote on whether or not the time will be extended, and the second is to proceed with the citation. City Attorney Keane stated that is correct. Councilmember Labadie explained that the Council needs to take action on the motion on the floor related to the request for an extended time frame and then the decision on the citation can be a separate motion. Motion passed 5/0. Motion by Councilmember Labadie, seconded by Councilmember Johnson, to Direct the Zoning Administrator to Determine Whether a Citation Should be Issued Relating to the Code Violation at 1010 Holly Lane. Motion passed 5/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. November 2019 General Fund Budget Report Finance Director Rigdon gave a brief overview of the November 2019 General Fund Budget report. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 11 of 12 2. Year End Report on Building Permits and Rental Licenses Planning Director Darling stated that 2019 was a busy year and the City issued fifty-four building permits. She noted that this number will decrease once the Minnetonka Country Club development is completed. She stated that the City continues to have good compliance with the rental housing licenses. She stated that there are currently one-hundred and seven rental licenses for the City. She noted that she actually issued seven additional licenses since the time she wrote up the Council report. 3. Mary Lake Update Public Works Director Brown stated that staff put together a summary report regarding the costs for pumping Mary Lake. He stated that the total cost was fifteen thousand eight hundred and sixty dollars and ninety-six cents and noted that this included direct labor costs as well. Mayor Zerby asked what would happen next year. Public Works Director Brown stated that there is a process that is ongoing and noted that the Barr Engineering is working on the hydrology and permitting process in the area. He stated that the hope is to have a project in 2020 to construct a drainage pipe. 4. 2020 Elections Update City Clerk Thone stated that the update for the 2020 election is in the Council packet and Absentee Voting for the PNP begins Friday, January 17th. Other Mayor Zerby asked City Administrator Lerud to elaborate on why there is a decorative block of wood on the Council table. City Administrator Lerud stated that the block of wood is to commemorate that the City has completed step 2 in the Green Steps process. B. Mayor and City Council Planning Director Darling noted that the Parks Commission meeting scheduled for January 14, 2020 was cancelled. Councilmember Johnson reminded the public that the Arctic Fever and the Klondike Dog Derby events will be coming up soon. Councilmember Labadie thanked Public Works staff for their hard work to get the ice rinks up and running. Mayor Zerby noted that last week, the coordinating Board for the Police Department met and approved hiring an additional officer, which brings the total number up to sixteen. He noted that the department just ordered their first hybrid vehicle and may move to a leasing program with their vehicles in the future. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 13, 2020 Page 12 of 12 11. ADJOURN Johnson moved, Sundberg seconded, Adjourning the City Council Regular Meeting of January 13, 2020, at 8:52 P.M. Motion passed 5/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: January 27, 2020 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid Background: Claims for council authorization. 65937 - 65954 & ACH 358,656.82 Total Claims $358,656.82 We have also included a payroll summary for the payroll period e January 19, 2020. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide servi budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay thes expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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,-,M`6 % ,F $0<2! 0 %&,)(CWE()*+D*+(+()()-S.-BBB)-(((( 47 89,J5&?@",)(CWE = %'5!"B+)=MFHaGI,ZHFM;MKK47 89,K O2 %8 ",)S>4P,M%?<@ '",L?@ QEBSB)B.WWK [ !,R,Z?& !,-,>88&EB+()D.EW,)(DCW.()*+D*+(+(W()-((-B.+)-((((>88&,bEB+()D.EW-(((() QEBSB)B.WWK [ !,R,Z?& !,-,>88&EB+()D.EW,)(DCW.()*+D*+(+(W))-((-B.+)-((((>88&,b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ity of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Constructed Improvements and Authorizing Final Payment fo 2019 Pavement Marking Project Meeting Date: January 27, 2020 Prepared by: Katie Koscielak Graduate Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Resolution, Final Pay Voucher Background: The City awarded the 2019 Pavement Marking Project to Sir Lines-A-Lot at the regular City Council meeting on May 13, 2019. The pavement markings consist of roadway and parking lot striping, crosswalks, stop bars and directional pavement messages such as turn arrows and crosswalks. Historically, the City has applied pavement markings in the form season, it has been identified that various areas where the pavement markings were applied the previous year are non-existent in the spring. Staff has requested the pavement markings along Smithtown Road to be applied with epoxy as a test case to deteprovide a longer service life. Sir Lines-A-Lot has completed the scheduled work in general conformance with the Contract documents and has requested final payment. The City Engineer has determin complete and final payment is appropriate. Sir Lines-A-Lot has submitted the Minnesota Form IC-134 Withholdings Affidavit and the signed request for final payment. A Resolution Accepting Improvements for the 2019 Pavement Marking Project and Authorizing Final Payment is included for Council consideration of approval. Financial or Budget Considerations: The quote was awarded to Sir Lines-A-Lot in the amount of $47,362.50 and the final project construction amount is $39,932.63. The amount remaining for payment with Payment Request No. 2/Final is $3,391.71. Recommendation / Action Requested: Staff recommends approval of the Resolution Accepting Improvements and Authorizing Final Payment for the 2019 Pavement Marking Project to Sir Lines-A-Lot in the amount of $3,391.71. Mission Statement: The City of Shorewood is committed to providing residents qualit healthy environment, a variety of attractive amenities, a sustaiase, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 20- A RESOLUTION ACCEPTING IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT FOR THE 2019 PAVEMENT MARKING PROJECT WHEREAS, on May 13, 2019, the City of Shorewood entered into a contract with Sir Lines-A-Lot, for the 2019 Pavement Marking Project; and, WHEREAS, the Contractor has substantially completed the project work and has requested City acceptance of the project and final payment for the work performed and documented to date; and, WHEREAS, the City Engineer has made final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: The City hereby accepts the work completed pursuant to said contract and authorizes final payment to the Contractor. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of January, 2020. ____________________________ Scott Zerby, Mayor ATTEST: ______________________________ Sandie Thone, City Clerk t m; E t m; E t m; E 2D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Approve Change Order No. 1 for the 2019 Bituminous Mill and Overlay Project, City Project 19-02 Meeting Date: January 27, 2020 Prepared by: Katie Koscielak, Project Manager Reviewed by: Larry Brown, Public Works Director Attachments: Change Order No. 1, Resolution Approving Change Order No. 1 Background: The City Council awarded the construction contract for the 2019 Bituminous Mill and Overlay Project, City Project 19-02, on May 28, 2019. Following additional discussions with City Staff, the following modifications were made to the proposed project: Casting assemblies as identified by Public Works were removed and replaced. A concrete drainage flume was constructed at 24650 Smithtown Road to address drainage from Smithtown Road onto the property. Revising improvements to the Lake Linden Trail to include bituminous overlay ONLY (originally bid to include removal and replacement of the existing trail). Bituminous Roadways Inc. has submitted a change order detailing the additional work items which have been reviewed by staff with regard to the work scope and additional costs and have b be appropriate for the work performed. Financial or Budget Considerations: The project construction contract as bid was awarded by the $346.00 Council in the amount of $539,693.00. Change Order 1 is -and will decrease the contract $539,347.00. amount to Recommendation: Staff recommends the City Council approve the attached resolutio Approving Change Order No. 1 for the 2019 Bituminous Mill and Overlay Project, City Project 19-02 Mission Statement: The City of Shorewood is committed to providing residents qualit services, a healthy environment, a variety of attractive amenities, a sustainable tax base, an sound financial management through effective, efficient, and visionary leadership. Page 1 CHANGE ORDER NO. 1 DETAIL December 19, 2019 BIRCH BLUFF RD, COUNTRY CLUB RD, EDGEWOOD RD, EXCELSIOR BLVD, & LAKE LINDEN DR MILL AND OVERLAY PROJECT CITY OF SHOREWOOD, MN WSB PROJECT NO. 2925-24 ADDED ITEMS Qty Price Extended Amount Item No.Mat. No.DescriptionUnit 522104.503SAWING BITUMINOUS PAVEMENT (FULL EDPTH)L F4$2.75$11.00 532104.504REMOVE BITUMINOUS PAVEMENTS Y40$4.30$172.00 542232.504MILL BITUMINOUS SURFACES Y16$21.00$336.00 552506.602CASTING ASSEMBLYEACH5$1,225.00$6,125.00 562511.507RANDOM RIPRAP CLASS IIIC Y10$120.00$1,200.00 572521.5043" BITUMINOUS WALKS Y480$20.00$9,600.00 582521.5186" CONCRETE WALKS Y40$105.00$4,200.00 592531.604CONSTRUCT DRAINAGE FLUMES Y10$500.00$5,000.00 602531.618TRUNCATED DOMESS F8$140.00$1,120.00 612575.505SEEDINGS Y480$11.00$5,280.00 TOTAL ADDED ITEMS CHANGE ORDER NO. 1 $33,044.00 REMOVED ITEMS Qty Price Extended Amount Item No.Mat. No.DescriptionUnit 252104.503SAWING BITUMINOUS PAVEMENT (FULL EDPTH)L F10$4.00$40.00 262104.504REMOVE BITUMINOUS PAVEMENTS Y510$8.00$4,080.00 272112.519SUBGRADE PREPAPARTIONRD ST12$400.00$4,800.00 302521.5186" CONCRETE WALKS F100$34.00$3,400.00 312521.5183" BITUMINOUS WALKS F4530$2.80$12,684.00 322531.618TRUNCATED DOMESS F12$68.00$816.00 342573.503SEDIMENT CONTROL LOG TYPE WOOD FIBERL F1200$3.50$4,200.00 352575.508SEED MIXTURE 25-151L B50$5.00$250.00 362575.508HYDRAULIC MULCH MATRIXL B700$0.60$420.00 372575.605SEEDINGACRE0.3$9,000.00$2,700.00 TOTAL REMOVED ITEMS CHANGE ORDER NO. 1 $33,390.00 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT-$346.00 K:\013234-000\Admin\Construction Admin\Change Orders\Change Order No. 1CO1 Detail CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20- A RESOLUTION APPROVING CHANGE ORDER NO 1 FOR THE 2019 BITUMINOUS MILL AND OVERLAY PROJECT CITY PROJECT 19-02 WHEREAS , the City of Shorewood City of Shorewood Council awarded the contract for the 2019 Bituminous Mill and Overlay, City Project 19-02, on June 24, 2019; and WHEREAS, Change Order 1 was necessary to facilitate construction operations of the Lake Linden Drive trail, address drainage concerns at 24650 Smithtown Road, and replace sanitary sewer castings as requested by Public Works; and WHEREAS , Change Order No. 1 decreased the project construction costs in the amount of $346.00, from the original contract amount of $539,693.00 to $539,347.00; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Change Order No. 1 in the total amount of -$346.00 is hereby approved. th Passed by the City Council of Shorewood, Minnesota this 27 day of January 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2E Title/Subject: Approving Assessment Agreements Meeting Date: January 27, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Agreements, Resolution Background: Since the city council approved the water connection incentive plan in late 2018, the city has signed up 24 new connections from properties served by existing mains. In exchange for allowing the water access charge to be assessed over a period of years, the property owners must sign an assessment agreement which details the terms of the assessment. Twenty-two assessments were approved last November, and two new agreements have come in since the last council meeting in December. Because these last two assessments cannot be added to property taxes until 2021, staff is requesting approval of the Resolution so the assessment can be considered pending. Should either property sell in 2020, a buyer conducting a special assessment search will know about this upcoming assessment. Should the properties not sell in 2020, these two assessments will be certified with all the other city assessments in November. Recommended Action: Staff recommends approval of the attached Resolution by simple majority. Next Steps and Timeline: The agreements will be included with other assessment records until they are certified by the council at the end of 2020. 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 ASSESSMENT AGREEMENT THIS AGREEMENT is made this ___ day of _________________ , 20__, by and between the City of Shorewood (SHOREWOOD), a municipal corporation organized under the laws of the State of Minnesota, located at 5755 Country Club Road, Shorewood, MN 55331 and Arthur A. Beniek and Charlotte C. Beniek, 24240 Yellowstone Trail, Shorewood, MN 55331 (OWNERS). RECITALS WHEREAS, the OWNERS are the owner of The Real Property located at: 24240 Yellowstone Trail, Shorewood, MN 55331; PID 33-117-23-41-0012 (PROPERTY); and, WHEREAS, the OWNERS desire to connect to the municipal water supply; and, WHEREAS, the present Water Access Charge is $10,000, AGREEMENT NOW THEREFORE, pursuant to the mutual agreements provided herein, it is agreed by and between the CITY and the OWNERS as follows: 1.The OWNERS represent and warrant that they are the OWNERS of the PROPERTY and that they have full legal authority to encumber the PROPERTY and that as of the date of the execution of this agreement, the OWNERS have fee title to the Property subject only to the liens, interests or encumbrances of record. 2.The OWNERS understand and request to levy the Water Access Charge assessed against the PROPERTY in the amount of $10,000. 3.The OWNERS understand and agree that SHOREWOOD will provide that the assessment is payable in ten (10) annual installments and will bear an interest rate of zero (0.0) percent per annum. Said assessments shall begin with taxes paid in 2021 and collected with the ad valorem taxes at the times due as determined by Hennepin County. 4.The OWNERS agree that the covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the OWNERS and shall encumber the PROPERTY in accordance with the agreements described herein. 5.The OWNERS hereby waive notice of public hearing and waive the public hearing required by Minnesota Statutes §429.031 with respect to the assessment. 6.The OWNERS waive their rights in all respects, pursuant to Minnesota Statutes §429.081, to appeal to district court, the levy of the water assessment charge described herein. 7.The parties agree that this Agreement shall be recorded with the Hennepin County Recorder. OWNER By: ______________________________________ Date: _________________________ By: ______________________________________ Date: _________________________ CITY OF SHOREWOOD By: ______________________________________ Date: _________________________ Its _____________________________ By: ______________________________________ Date: _________________________ Its _____________________________ ASSESSMENT AGREEMENT THIS AGREEMENT is made this ___ day of _________________ , 20__, by and between the City of Shorewood (SHOREWOOD), a municipal corporation organized under the laws of the State of Minnesota, located at 5755 Country Club Road, Shorewood, MN 55331 and Edward J. Hasek and Stephanie R. Hasek, 24315 Yellowstone Trail, Shorewood, MN 55331 (OWNERS). RECITALS WHEREAS, the OWNERS are the owner of The Real Property located at: 24315 Yellowstone Trail, Shorewood, MN 55331; PID 33-117-23-44-0036 (PROPERTY); and, WHEREAS, the OWNERS desire to connect to the municipal water supply; and, WHEREAS, the present Water Access Charge is $10,000, AGREEMENT NOW THEREFORE, pursuant to the mutual agreements provided herein, it is agreed by and between the CITY and the OWNERS as follows: 1.The OWNERS represent and warrant that they are the OWNERS of the PROPERTY and that they have full legal authority to encumber the PROPERTY and that as of the date of the execution of this agreement, the OWNERS have fee title to the Property subject only to the liens, interests or encumbrances of record. 2.The OWNERS understand and request to levy the Water Access Charge assessed against the PROPERTY in the amount of $10,000. 3.The OWNERS understand and agree that SHOREWOOD will provide that the assessment is payable in ten (10) annual installments and will bear an interest rate of zero (0.0) percent per annum. Said assessments shall begin with taxes paid in 2021 and collected with the ad valorem taxes at the times due as determined by Hennepin County. 4.The OWNERS agree that the covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the OWNERS and shall encumber the PROPERTY in accordance with the agreements described herein. 5.The OWNERS hereby waive notice of public hearing and waive the public hearing required by Minnesota Statutes §429.031 with respect to the assessment. 6.The OWNERS waive their rights in all respects, pursuant to Minnesota Statutes §429.081, to appeal to district court, the levy of the water assessment charge described herein. 7.The parties agree that this Agreement shall be recorded with the Hennepin County Recorder. OWNER By: ______________________________________ Date: _________________________ By: ______________________________________ Date: _________________________ CITY OF SHOREWOOD By: ______________________________________ Date: _________________________ Its _____________________________ By: ______________________________________ Date: _________________________ Its _____________________________ CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20- A RESOLUTION APPROVING WATER ACCESS CHARGE ASSESSMENT AGREEMENTS FOR 24315 YELLOWSTONE TRAIL AND 24240 YELLOWSTONE TRAIL WHEREAS, The City Council approved an incentive plan for residents who had city water available, but were not connected; and WHEREAS, The program allowed for the water access charge to be assessed over a period of years, and as a condition, the City required those utilizing the incentive to sign an assessment agreement; and WHEREAS, Two agreements were signed after the city’s deadline in 2019 to certify the assessment to Hennepin County for collection with property taxes; NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby approves assessment agreements for the properties at 24315 Yellowstone Trail, PID No. 33-117-23-44-0036; and 24240 Yellowstone Trail, PID No. 33-117-23-41-0012. 2. Staff is directed to keep a copy of this Resolution with other certified assessments, so the information is available to the public. 3. Staff is directed to add these assessments to the Resolution certifying unpaid charges for City Council approval in November 2020. Adopted by the City Council of Shorewood, Minnesota this 27th day of January, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JANUARY 7, 2020 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:03 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; and Planning Director Darling; Absent: None 1. APPROVAL OF AGENDA The agenda for January 7, 2020 was approved by general consent. 2. APPROVAL OF MINUTES December 3, 2019 Planning Director Darling noted that one name of a resident on Yellowstone Trail was spelled incorrectly and noted that she would make sure it is corrected in the minutes. Gault moved, Gorham seconded, approving the Planning Commission Meeting Minutes of December 3, 2019, as amended. Motion passed 3/0/2 (Riedel and Eggenberger abstained). 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – MATTHEW SAYER – PRELIMINARY PLAT AND LOT WIDTH AND AREA VARIANCES Applicant: Sathre-Bergquest, Inc. Location: 20325 Excelsior Boulevard Chair Maddy noted that the Planning Commission will open the Public Hearing for this request, but have been asked to continue it to the February 4, 2020 meeting at the request of the applicant. He opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing. He noted that neither the applicant nor any residents were present tonight. Commissioner Gorham asked why the applicant did not just hold off until they were ready next month rather than going through the process to open the Public Hearing and continue it until February. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 7, 2020 Page 2 of 4 Planning Director Darling explained that it reduces the cost of publishing. Gorham moved, Eggenberger seconded, continuing the Public Hearing for the Preliminary Plat, Lot Width and Area variances for property located at 20325 Excelsior Boulevard to February 4, 2020. Motion passed 5/0. 4. OTHER BUSINESS A. ZONING ORDINANCES AMENDMENT Planning Director Darling noted that this is for discussion tonight and no official votes will be necessary. She stated that when she will bring it back to a future meeting for the Public Hearing and official vote when the amendments are completed. The Commission reviewed the marked-up copy of the proposed amendments to the zoning ordinances. The Commission accepted the changes, as presented, for items #1 - #3. The Commission agreed to modify the language in #4 to state “body of water”. The Commission accepted the changes, as presented, for items #5 - #7. The Commission suggested modifying the language in #8 to change the word “produce” to “intensity”. The Commission suggested changing the world “religious” to “religions” and remove the words “the same” and instead say “people of faith regularly assembled for worship” for items #9. The Commission accepted the changes for item #10 The Commission suggested changing the wording to “9 months or unless the Council chooses to extend the timeframe” for item #11. The word “new” should also be changed to “old” when discussing which home needs to be removed. The Commission accepted the suggested changes, as presented, for items #12 - #14. The Commission suggested amending in the tree preservation language for item #15 rather than changing the code. The Commission accepted the suggested changes, as presented, for items #16 and #17. The Commission suggested changes to #18 to remove the word “or” from the last line and remove the word “floodlighting” and replace it with “uplighting” for consistency. They discussed cleaning up some other areas to make it more clearly understood. The Commission accepted the suggested changes, as presented, for item #19 The Commission suggested changes to #20 and change the word “requirement” to “requirements”. The Commission discussed changes to the language surrounding lighting. The Commission suggested that all contractions be removed from all the ordinance language. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 7, 2020 Page 3 of 4 The Commission accepted the suggested changes, as presented, for items #21 - #33. The Commission suggested changing the height not to exceed 8 feet for item #34 rather than 4 as proposed. The Commission accepted the suggested changes, as presented, for item #35. The Commission suggested removing the height restrictions for letters on menu boards for item #36. The Commission accepted the suggested changes, as presented, for items #37 - #44. The Commission decided that due to time constraints they would discuss the remainder of the recommending zoning ordinance changes at the next meeting. 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS • Liaison to Council Planning Director Darling gave an overview of the matters considered and actions taken during the Council’s December 9, 2019, meeting (as detailed in the minutes for that meeting). • Update on New Construction Permits and Rental Licensing Planning Director Darling stated that building permit issuance and revenues are up quite a bit, mostly due to the Minnetonka Country Club development. She noted that once the Minnetonka Country Club development is completed the City will not see this kind of increased revenue. She stated that rental housing licenses also continue to increase. She reviewed the submission requirements for people to be able to be granted a rental license. • Draft Next Meeting Agenda Planning Director Darling stated there is an application for redevelopment of a substandard lot, but noted it is still incomplete so she is not sure if will be ready for the next meeting. She stated that she is hoping there will be a subdivision to discuss and the Commission will also continue its discussion on the proposed zoning amendment changes. • Sensible Land Use Coalition January Program Planning Director Darling stated that the next Sensible Land Use Coalition seminar is January 22, 2020 at Brookview in Golden Valley and is on sustainability and its implications for private and public sectors. She stated that if any of the Commissioners would like to attend, to let her know and she will get them signed up. Upcoming Council Liaisons: January – Commissioner Gault February – Commissioner Maddy March – Commissioner Eggenberger April – Commissioner Riedel CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 7, 2020 Page 4 of 4 May – Commissioner Gorham 7. ADJOURNMENT Riedel moved, Eggenberger seconded, adjourning the Planning Commission Meeting of January 7, 2020, at 9:47 P.M. Motion passed 5/0. City of Shorewood Council Meeting Item #7B MEETING TYPE: Regular Meeting Title / Subject: Comprehensive Plan Amendment, Rezoning and Preliminary and Final Plat for "Walnut Hill" a two -lot subdivision Applicant: Debra Hunt (Marvin Boote Trust) Location: 24340 Yellowstone Trail Meeting Date: January 27, 2020 Prepared by: Marie Darling, Planning Director Review Deadline: March 20, 2020 Attachments: Planning Staff Memorandum Minutes from the December 3, 2019 Planning Commission Meeting Correspondence Received Land Use Map from the Comprehensive Plan Resolution for Denial Background: See the attached Planning Staff memorandum for detailed background on this item. At their December 3, 2019 meeting, the Planning Commission voted unanimously to recommend denial of the request for the comprehensive plan amendment, rezoning, and preliminary plat. The Planning Commission does not review requests for final plat. The applicant's attorney was present and spoke in favor of the request. In addition, a neighbor spoke in favor of the request and others submitted letters. The correspondence received and the minutes from the meeting are attached. Yellowstone Trail currently forms a boundary between the minimum density residential and low density residential land use classifications in the Comprehensive Plan. It also forms the boundary between the R -1A and R -1C zoning districts. Staff had suggested working with the neighbors to submit a joint application for reguiding and rezoning to be consistent with the following land use objectives and policies in the Comprehensive Plan: 1. Maintain the strength and character of the area and at the same time improve and reinforce community identity. 2. Establish and maintain a consistent approach to the development of fragmented land parcels. 3. To consistently apply development policies and regulations to the maximum extent possible. Mission Statement: The City of Shorewood is committed to providing residents quality public services, o healthy environment, o variety of attractive amenities, o sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S Planning Planning Files �Applications�2019 Cases Walnut Hill CPA RZPP FP�CAF.docx The application is for a single property and not a larger area. As a result, staff and the Planning Commission recommend against the reguiding the property as currently proposed to avoid conflicting with the objectives and policies listed above. Because the rezoning is required to be consistent with the Comprehensive Plan and the subdivision is required to be consistent with the zoning district and the Comprehensive Plan, the applications cannot be approved without a change to the Comprehensive Plan. Financial or Budget Considerations: The application fees cover the cost of processing the request. Recommendation /Options: The Planning Commission recommended denial of the item and a resolution denying the request is attached. The Council may adopt or modify the resolution based on their findings. The application is open to some discretion. Should the City Council determine adequate findings to approve the application, staff recommends the City Council continue the item and direct staff to prepare the appropriate resolutions and ordinance. The actions indicated above require a simple majority. '7!� � CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952- 960 -7900 www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director MEETING DATE: December 3, 2019 RE: Comprehensive Plan Amendment, Rezoning and Preliminary Plat for "Walnut Hill" APPLICANT: Debra Hunt LOCATION: 24340 Yellowstone Trail REVIEW DEADLINE: March 20, 2020 ZONING: R -IA COMPREHENSIVE PLAN: FILE NO.: 19.27 REQUEST Minimum Density Residential (1 -1 units per acre) The applicant proposes to subdivide the subject property into two lots to allow construction of one new single - family home. The request includes the following approvals: • A comprehensive plan amendment to increase the allowed density on the site from Minimum Density Residential (.1 -1 units per acre) to Low Density Residential (2 -3 units per acre) • A rezoning from R -1 A to R -1 C • A preliminary plat -T � r 1. `' too r+ . NO }•Art- et .a + - l'. .• „r+f 4 - -6*. The applicant has also submitted a request for a final plat, which would be reviewed by the City Council. Notice of the application was published in the official newspaper at least 10 days prior to the meeting and mailed notice was sent to all property owners within 750 feet of the subject property. Page 2 BACKGROUND Context: The subject property was created in 2000 from a metes/bounds subdivision of (a portion of) Lot 31 Auditor's Subdivision 133, recorded in 1924. The home on the lot was constructed around 1900. The property contains mature trees and is subject to tree preservation. The site has no property within a floodplain or shoreland overlay district, nor does it contain wetlands. The topography gently slopes from the higher elevations on the southeast corner of the lot to the lowest point on the northwest corner of the property. Application Discretion: Comprehensive plan amendments and requests to rezone are legislative roles for the Planning Commission and City Council. These types of requests have rules that apply broadly and have the most discretionary review. Requests for subdivisions are quasi-judicial roles for the Planning Commission and City Council. The role with a subdivision request is applying rules to determine if the request meets the standards and criteria in the City's existing ordinances and plans. For this application, approval of the subdivision request is dependent on the approval of the comprehensive plan amendment and rezoning. APPLICANT'S PROPOSAL The applicant is proposing to subdivide the property into two lots, one for the existing home and another for a new home to be constructed to the west of the existing. The subject property contains about 44,000 square feet (1.01 acres) which conforms to the current density allowed by the Minimum Density Residential area (1 dwelling per acre) and the minimum lot size in the R -lA zoning district (40,000 square feet). In order to subdivide, the property would need to be re- guided to a higher density area (the Low - Density Residential with 1 -2 dwellings per acre) as well as rezoned to a zoning district with a lower minimum lot area (the R -1C zoning district with a min. of 20,000 square feet). ANALYSIS Comprehensive Plan Amendment: The subject property is currently guided for minimum density residential, similar to all the adjacent properties to the west, north and east. The properties to the south across Yellowstone Trail are guided for low density residential. Yellowstone and Country Club Lane (with the exception of the property directly west of the subject property) act as the boundaries to the land use classifications. . �; 'tea �,., ��- .; t ,,r,• , IVA r, ��.�.� ITT - ���- d �.F�k • Shorewood's Comprehensive Plan includes several land use objectives_.���. and policies regarding land use patterns, as follows: Minimum Density Residential • Neighborhoods are to be maintained and where necessary, (.1 -1 unittacre) strengthened in character, while at the same time improving and Low Density Residential (1 -2 reinforcing community identity unitsiacre) • Establish and maintain a consistent approach to the development of fragmented land parcels (i.e. larger lots having the potential to be subdivided) which encourages cooperation between landowners and provides for access and utility service which complies with City standards Page 3 • To the maximum extent possible, development policies and regulations shall be applied consistently and uniformly To these ends, staff encouraged the property owner to involve some or all of the surrounding properties in the area to request a similar change, especially to the west across Country Club Lane, to prevent a disjointed neighborhood boundary which would happen as if the property were re- guided on its own. Although the applicant contacted some neighbors, none elected to join the application. Consequently, staff recommends denying the request for a Comprehensive Plan amendment, finding that the request is not consistent with the objectives and policies listed above. Rezoning: Rezoning requests are reviewed with the following standards: (summarized from section 1201.04 subd. 1, d. of the zoning regulations) • The proposed action is consistent with the City's Comprehensive Plan • The proposed use is compatible with present and future land uses of the area • The proposed use would not tend to depreciate the area in which it is proposed • The proposed use can be accommodated with existing public services and would not overburden the city's service capacity Comprehensive Plan: Without an amendment to the City's Land Use Plan to increase the density on the site, the request is not consistent with the following policies listed in the Comprehensive Plan: • Density and lot size shall be the primary considerations in the review of development requests • Overall density shall be a primary consideration in the review of development requests Consequently, staff recommends denying the zoning ordinance amendment, finding that the request is not consistent with the policies listed for residential development in the City's Comprehensive Plan. This action is consistent with other recently reviewed applications. Most recently at Club Lane and Smithtown Road, the City rejected similar rezoning applications for two smaller properties until the request was expanded and involved a larger group of properties. The application was then found to be consistent with the Comprehensive Plan's development policies and to be creating consistent land use patterns. Preliminary Plat: Relationship to the Comprehensive Plan/Zoning, Ordinance: Section 1202.01 subd. 11. directs that the enforcement, amendment, and administration of the subdivision regulations shall be accomplished with due consideration the recommendations contained in the Shorewood Comprehensive Plan. If the Comprehensive Plan Amendment and Rezoning are not approved, the proposed subdivision would not be consistent with the Comprehensive Plan, nor the requirements of the existing R -lA zoning district. The requirements of the existing and proposed zoning districts are indicated below: Page 4 Proposed Lot Areas and Widths: _T ADDRESS Lot Area Lot Width Minimum in R -1A 40,000 sq. ft. 120 linear ft. Minimum in R -1C 20,000 sq. ft. 100 linear ft. Existing Lot 44,563 sq. ft. ±180 linear ft.* Minimum Proposed 20,207 sq. ft. ±136 linear ft. *As measured along at the front setback along Country Club Road Access: The applicant has proposed both lots' driveways to access Yellowstone Trail in conforming locations. Country Club Right -of -Way: The right -of -way width for Country Club Lane is 50 feet and collector roadways are typically constructed within a 60 -foot right -of -way. Staff recommends a condition that the applicant provide an additional 10 feet of right -of -way along Country Club Road should the subdivision be approved. Yellowstone Trail is already within a 60 -foot right -of -way. Public Drainage and Utility Easements: Section 1202.05 subd. 6 requires applicants to dedicate utility easement at least 10 feet wide along each side of all property lines. The applicant's plan is consistent with this requirement, except along club lane where additional dedication is required for right -of -way. Staff recommend a condition that the applicant add the addition be included with any recommendation of approval of the subdivision. Utilities: Municipal water and sanitary sewer are available in Yellowstone Trail for both the proposed lots. However, the sanitary sewer main stops short of Lot 1 (the westerly lot) and a sanitary sewer service would need to cross onto Lot 2 (the easterly lot) to connect to the sewer main. Normally this type of cross property connection is discouraged, however, the alternative is to extend the sewer line to serve one additional home. In this case, a private easement over Lot 2 would be acceptable to provide a sewer service connection to the main. Stormwater Run - Off. The site generally drains to the northwest. The applicant has proposed a rain garden in the northwest corner of the property near the lowest point. The rain garden is a shallower basin that would slow the rate of run -off after rain events but would not be designed keep water on the site long -term. The City's engineering consultant reviewed the development and indicates that the applicant's plan is generally consistent with the City's requirements, with a few adjustments as indicated in the attached memo. Staff also notes that the applicant would need to move the raingarden further east to accommodate the additional right -of -way and easement dedication noted above. Tree Preservation/Landscaping: The site has 19 significant trees on the property and the applicant proposes to remove one to construct the new home and other improvements. Based on the removal and the size of the site they would be required to replant three new trees. The applicant's plan indicates the required trees. Encroachments: The property owner has a fence that would be or is within the right -of -way, crossing property lines and generally in non - conforming locations. Staff recommend a condition requiring the applicant to remove any portion of the fence that is not in a conforming location on Lot 2 (easterly lot) should the Planning Commission recommend approval of the application. Page 5 RECOMMENDATION: Staff finds the applicant has not shown the request for comprehensive planning amendment and rezoning is consistent with the objectives and policies of the Comprehensive Plan and recommends denial of the requests. Additionally, because the subdivision is based on consistency with the Comprehensive Plan and zoning regulations, staff further recommends denial of the subdivision request. ATTACHMENTS: Location map Engineer's memos Applicant's narrative and plans Correspondence received SAPlanning\Pl=ing Fila\Applimionsl2019 Casac\Walnul Hill CPA RZ PP FFWC mnmo.do F I-r7araing_ua CA F CD � �d5 a L-L;$-iarj-La CD _ L s�a�d o v F 0 ID z CIub La o h her m 0 C r�stop� . 0 � Rd p N cr �. C) a CD G�Ub Valley. T N Rd o a aLaa1- - Country Club_Rd F F m 0. Riviera La o Rd boa La n en�Or F F o Lake S. F 'A Own, -ON u o a 70 Linden - Ct aT �'� C a- � m Charleston o Cir Wood Duck Cyr `D Rd X Glencoe TFTI ws b Memorandum To: Marie Darling, AICP, City Planner From: Alyson Fauske, PE (MN), City Engineer Date: November 25, 2019 Re: Walnut Hill Preliminary Plat- 24340 Yellowstone Trail Upon review of the November 25, 2019 Preliminary Plans prepared by Advance Surveying & Engineering Co. I offer the following comments: 1. The plat must be modified to provide additional right of way for Country Club Road such o that it is minimum 60 feet wide. U 0 2. A fully- executed utility easement on the east lot for sanitary sewer service purposes in W favor of the west lot must be recorded with the subdivision documents. 3. The Public Works Department prefers a directional drill connection into the existing sanitary sewer main O 4. The contractor installing the sanitary sewer service to the west lot must register with the city in order to perform work within the right of way, must register with the City's online right of way permitting system (ROWay) and obtain a permit to perform the work. co ID to to LD z 75 J 0 e W z z 0 0 c� W H v7 J. W Z W Z W X 0 GAGroup Data\Municipal \Clients - Cities - Counties\ Shorewood \Development \Subdivisions\24340 Yellowstone (WSB 13234 - 000)\20191121 SubmittahMEMO 20191125 AF to MD.docx 0 U c� z U-1 m 0 co co ID Lo Lo z 5- rri 0 a w z z 7 0 0 M w r u) T w z W z W x 0 r• wsb Memorandum To: Alyson Fauske, PE, City of Shorewood From: Laura Rescorla, EIT Date: October 31, 2019 Re: 24340 Yellowstone Trail City of Shorewood, MN WSB Project No. 013234 -000 The following documents were submitted for review of compliance with the City of Shorewood's Local Surface Water Management Plan: - Preliminary Plat dated September 25, 2019 - Preliminary Plat (Stormwater Management) dated October 10, 2019 - HydroCAD Reports dated October 22, 2019 This review only included the documents listed above, primarily dealing with grading, modeling, and the stormwater narrative. 1. Provide groundwater data and verify that the low floor elevation is: a. 4.0 feet above groundwater elevations in the area. b. 2.0 feet above known historic high groundwater elevations. 2. Verify that there is at least 3.0 feet of separation from the bottom of the rain garden to the groundwater elevation. Notes: • Verify that the scale is correct on the Preliminary Plat and Preliminary Plat (Stormwater Management). • On the Preliminary Plat, it appears that the upper left hardcover summary title should be "Proposed Hardcover West Property." GAGroup Data\MunicipallClients - Cities - Counties\ Shorewood \Development\Subdivisions124340 Yellowstone (WSB 13234 -000)120191022 Submitta1t24340 Yellowstone—Drainage Review Memo_20191031.docx chestnut cam bronne ATTORNEYS AT LAW Sarah B. Bennett Telephone: (612) 339 -7300 sbennettochestnutcambronne.com October 30, 2019 VIA U.S. MAIL & E -MAIL: MDarling @ci.shorewood.mn.us Ms. Marie Darling, Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Chestnut Cambronne PA 17 Washington Avenue North Suite 300 Minneapolis, MN 55401 -2048 T: 612.339.7300 F: 612.336.2940 www.chestnutcambronne.com OCT 3 0 2019 CITY OF SHORE Re: Walnut Hill Proposal with Comprehensive Plan Amendment, Rezoning and Preliminary and Final Plat for 24340 Yellowstone Trail, Shorewood, MN Applicant: Debra D. Hunt, Trustee of the Marvin L. Boote Trust under agreement dated August 15, 2007, as amended Our File No. 20181084.001 Ms. Darling: In response to your letter dated October 24, 2019, this letter outlines my client's request to re -zone the subject property and if necessary, amend the City of Shorewood's Comprehensive Plan pursuant to Section 1201.04 of the City's zoning regulations and the Comprehensive Plan Amendment Guidelines (the "Guidelines ") published by the City. The subject property, 24340 Yellowstone Trail, Shorewood, Minnesota 55331 (the "Property ") is currently zoned as R -1A and my client is requesting to subdivide the existing parcel into two (2) lots, resulting in a change of zoning from R -1A to R -1C. In reviewing the City's 2040 Comprehensive Plan, the proposed subdivision and re- zoning of the Property will not result in any amendment to the text of the Comprehensive Plan; however, if the Property is subdivided and re- zoned, as requested, particular maps that are included in the Comprehensive Plan will be affected. Specifically, the map depicting Single Family Lot Sizes will be affected as the current parcel is between 40,000 - 50,000 square feet and the subdivision of the parcel will result in two (2) lots between 20,000 - 30,000 feet, the same as the lots across Yellowstone Trail immediately to the south of the Property. In addition, the map depicting the Land Use Plan will be affected in that the Property is currently classified as a Minimum Density Residential property (.1 - 1 October 30, 2019 Page 2 unit /acre) and the subdivision of the parcel would result in the two (2) lots being classified as Low Density Residential (1 -2 units /acre). However, the Property will retain its existing land use as single - family residential parcels. The proposed subdivision and re- zoning of the Property does not interfere with the goals or the policies of the 2040 Comprehensive Plan. The proposed subdivision will not negatively impact the surrounding neighborhoods or street systems. The Property is located on the corner of Yellowstone Trail and Country Club Road and would only require one (1) additional driveway, resulting in little to no interference to the traffic flow on Yellowstone Trail and no interference with the street systems. The parcels located across Yellowstone Trail to the south are all currently zoned as Low Density Residential, so the classification of the proposed subdivided parcel would be consistent with that classification. The proposed subdivision is consistent with the Housing Plan in that the character of the residential neighborhood will be maintained and respected. The existing dwelling located on the Property will remain and the proposed development of a single- family residence on the westerly parcel is compatible with surrounding properties. Shorewood is a residential community and would remain a residential community if my client's request is approved. In accordance with Section 3(B) of the Guidelines for a formal application, the following information is provided to the City in consideration of Ms. Debra Hunt's application. 1. Written description of the proposed Comprehensive Plan amendment showing its relationship to the Comprehensive Plan and including factual information supporting the request to change the Plan: As mentioned, the proposed subdivision and re- zoning of the Property would not result in an amendment to the text of the Comprehensive Plan, but would affect two (2) of the maps associated with the Plan (Single Family Lot Sizes and Land Use Plan). Should my client's request be approved, the use of the Property will remain as a single- family residence, with a change in zoning classification from R -1A to R -1C. The proposed subdivision would only result in two (2) parcels and as a result, would not interfere with the street systems or character of the surrounding neighborhood. The proposed tree preservation plan and landscape plan demonstrates that trees and landscaping will remain intact and not disrupted by the proposed subdivision. In addition, to date, the surrounding neighbors have not objected to October 30, 2019 Page 2 unit /acre) and the subdivision of the parcel would result in the two (2) lots being classified as Low Density Residential (1 -2 units /acre). However, the Property will retain its existing land use as single - family residential parcels. The proposed subdivision and re- zoning of the Property does not interfere with the goals or the policies of the 2040 Comprehensive Plan. The proposed subdivision will not negatively impact the surrounding neighborhoods or street systems. The Property is located on the corner of Yellowstone Trail and Country Club Road and. would only require one (1) additional driveway, resulting in little to no interference to the traffic flow on Yellowstone Trail and no interference with the street systems. The parcels located across Yellowstone Trail to the south are all currently zoned as Low Density Residential, so the classification of the proposed subdivided parcel would be consistent with that classification. The proposed subdivision is consistent with the Housing Plan in that the character of the residential neighborhood will be maintained and respected. The existing dwelling located on the Property will remain and the proposed development of a single- family residence on the westerly parcel is compatible with surrounding properties. Shorewood is a residential community and would remain a residential community if my client's request is approved. In accordance with Section 3(B) of the Guidelines for a formal application, the following information is provided to the City in consideration of Ms. Debra Hunt's application. 1. Written description of the proposed Comprehensive Plan amendment showing its relationship to the Comprehensive Plan and including factual information supporting the request to change the Plan: As mentioned, the proposed subdivision and re- zoning of the Property would not result in an amendment to the text of the Comprehensive Plan, but would affect two (2) of the maps associated with the Plan - (Single Family Lot Sizes and Land Use Plan). Should my client's request be approved, the use of the Property will remain as a single - family residence, with a change in zoning classification from R -1A to R -1C. The proposed subdivision would only result in two (2) parcels and as a result, would not interfere with the street systems or character of the surrounding neighborhood. The proposed tree preservation plan and landscape plan demonstrates that trees and landscaping will remain intact and not disrupted by the . proposed subdivision. In addition, to date, the surrounding neighbors have not objected to October 30, 2019 Page 3 the proposed subdivision and change in zoning classification, as the land use remains consistent with the neighborhood. 2. General information: a. The subject property is identified as 24340 Yellowstone Trail, Shorewood, Minnesota 55331, with the legal description of the Property described on Exhibit A attached hereto. The Property is owned by the Marvin L. Boote Trust under agreement ,dated August 15, 2007, as amended (the "Trust "), and Debra D. Hunt is the trustee of the Trust. Ms. Hunt's address is 606 Alamo Pintado Road, Suite 3 - 343, Solvang, California 93463. Ms. Hunt is also the applicant. b. Professional Consultants: The following professional consultants have contributed in the preparation of the proposed Comprehensive Plan Amendment: i. Sarah B. Bennett, Esq. Chestnut Cambronne PA 17 Washington Avenue North, Suite 300 Minneapolis, MN 55401 ii. Tom Bloom and Mimi Wrob Advance Surveying & Engineering 17917 Highway 7 Minnetonka, MN 55345 iii. Dan Bird Rainbow Treecare 11571 K -Tel Drive Minnetonka, MN 55343 c. Applicant's Control over the Property: The Trust became the fee owner of the Property on November 3, 2015, pursuant to that certain Warranty Deed from Marvin L. Boote, as Grantor, to Marvin L. Boote, as Trustee of the Trust, as Grantee, recorded with the Hennepin County Recorder's Office on June 20, 2016, as Document No. A10342817. A copy of the Warranty Deed is attached hereto as Exhibit B. Prior to the Trust's ownership of the Property, Mr. Boote and his wife, who is now deceased, owned the Property, which they purchased in 1960. October 30, 2019 Page 4 3. Present Status of the Property: a. The address of the Property is 24340 Yellowstone Trail, Shorewood, MN 55331. The legal description of the Property is attached hereto as Exhibit A. b. The Property is currently zoned as R -1A, Single Family Residential District. The Property is currently used as a single - family residence. All lands located within 1,000 feet of the Property are zoned as R -1A, R -1C or PUD and are used as single - family residences. Attached hereto as Exhibit C are maps depicting the existing development of the Property and all land within 1,000 feet of the Property. The survey and proposed plat maps of Walnut Hill previously submitted to the City show the location of the existing streets, property lines, easements, water mains and storm and sanitary sewers within 100 feet of the Property. 4. Site Conditions: The site conditions of the Property, including the (i) contours, (ii) location and extent of waterbodies, wetlands, streams and flood plains within 300 feet of the Property; (iii) existing drainage patterns; and (iv) the location of existing utilities, are described in the survey, proposed plats of Walnut Hill, the tree preservation /landscape plan, the drainage and erosion control plan, the stormwater management plan with drainage calculations and map, and the tree inventory that were all previously submitted to the City. Because the applicant's request is to subdivide only one (1) parcel of residential real property with the proposed use of the subdivided parcel to remain as single - family residential use, it is not anticipated that traffic patterns will significantly or materially increase due to the proposed zoning change from R -1A to R -1C. 5. Schematic Drawing: The schematic drawing of the proposed subdivision of the Property can be found in the proposed plats of Walnut Hill previously submitted to the City. 6. Statement of the estimated number of dwelling units or sizes of nonresidential uses which may result from a change in the Comprehensive Plan and a tabulation of the approximate allocations of land use expressed insquare feet and acres and as a percent of the total project area: a. One (1) residential, single - family dwelling unit currently exists on the Property. It is anticipated that one (1) additional residential, single- family dwelling unit will result from the proposed subdivision of the Property. October 30, 2019 Page 5 Please refer to the proposed plats of Walnut Hill. All of the area in Walnut Hill will be devoted to residential use with single - family residences on both of the proposed lots. b. As indicated on the proposed plat maps, the estimated lot size for the proposed westerly lot is 24,356 sq. ft (0.559 acre), with no existing hardcover to date. The estimated lot size for the proposed easterly lot is 20,207 sq. ft (0.464 acre), with 5,092 of proposed hardcover, resulting in the percentage of hardcover to the lot of 25.2 %. Further details are provided in the proposed plat maps of Walnut Hill. c. Given the nature of the proposed subdivision and zoning change, there are no areas devoted to open space, streets or commercial uses. 7. Proposed Change in Zoning Classification: The proposed change in zoning classification is from R -1A to R -1C. The applicant desires to subdivide the Property so that the proposed westerly lot may be developed for residential use by a new owner who wishes to reside in this wonderful neighborhood of Shorewood. 8. A preliminary application was not submitted, so no additional information has been requested by the Planning Commission at this time. 9. Preliminary Development Plans: The applicant previously submitted a proposed Preliminary Plat for Walnut Hill. The Preliminary Plat shows a proposed residential dwelling unit on the westerly lot, but at this time no drawings or plans have been prepared by a builder or architect to show the proposed structure on the westerly lot. If applicant's request is approved, Ms. Hunt intends to sell both the easterly lot with the existing dwelling and the westerly lot to be developed by a new owner. 10. There would be no text amendment to the Comprehensive Plan Amendment and the lot split would have no effect on streets, utilities or parks. 11. Identification of further actions necessary to implement the Comprehensive Plan Amendment: The proposed change to the zoning classification from R -1A to R -1C must be approved and the subdivision of the Property as described in the proposed preliminary and final plats of Walnut Hill. October 30, 2019 Page 6 Should you have any questions or need anything further, please do not hesitate to contact the undersigned. Thank you for your assistance with this matter. Sincerely, CHESTNUT CAMBRONNE PA olk" Sarah B. Bennett Enclosures cc: Debra Hunt (via U.S. mail & e -mail) ' .tL35'�!' -. `� -� _� ',;.y- Y 371•' 1: •a,4�' R "i � � CD �•S- ja c. s (D CL 20,- .�;. `'fir; . -�.• -- - I �, `,� '- +�! • r• 4ti'ri'.r �' h...� - - - . NV- ail fit• `v 1 ems. y�,r ��, �1 �_ �' � L— q�lk�°�P{,: �. •• �A'.+r'i 4•.a " {`.4�s,. �y: � - _ � �:r L �C,'L'. i..��'�,. -� - ate' _ -71_.,• . - .. TT Tom JO Qr }� .;y�y.�. ..fit �Y tid,•' 7 I• — ° , N CD CL s _ 0 O CL CD 0 { ., ..�.0 y,e •,;� ..[� .. - .l -, ' ' fir•. I Hennepin County Property Map f- 7. raRR NS - 24 � it 1Fr _ Date: 10/25/2019 o �F c�� r 'rte - „� �'�•' rJ► -ACTI I' ABSTA TuftELVS TO 1.0 S PARCEL ID: 3311723440048 OWNER NAME: Marvin L Boote Trust PARCELADDRESS: 24340 Yellowstone Tr, Shorewood MN 55331 PARCEL AREA: 1.01 acres, 44,090 sq ft A -T -B: Abstract SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2018, PAYABLE 2019 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKETVALUE: $397,000 TAX TOTAL: $5,373.64 ASSESSED 2019, PAYABLE 2020 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $396,000 * "' • 1 inch = 100 feet Comments: 9 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury orloss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2019 is TIF 06 >: Im L.2 ........ ... 4dw V� I At &use I..... ...... ko 1. - . pr VE 7 A. A p �E �, L) iE ro V 0 Lu - Z mao iNmm and 00 z > 0 o 'E M LD z C-4 W r -r CL CN -0 El VO F, a) p �E �, L) iE iNmm and E Lo A El VO F, E 0 0:� o o Ica (n ly 7.1 RECEIVED OM I, 3 0 2019 CITY OF SIFIC)REVY000 24340 Yellowstone Trl - 167562 Master 1 1 Black Walnut 13.5 3 RTreecare 09/10/19 1020486 167562 446373 1 Black Walnut 24.5 :. 3 RTreecare 09/10/19 1062814 167562 446374 1 Pine, Eastern White 14 1 3 RTreecare 09/10/19 1062815 167562 446376 1 Pine, Eastern White 17 ? 3 RTreecare 09/10/19 1062816 167562 446379 5 ! Pine, Eastern White 20 _ 3 RTreecare 09/10/19 1062817 167562 446380 1 Maple, Sugar in 3 RTreecare 09/10/19 1062818 167562 446375 1 Maple, Sugar 14 3 RTreecare 09/10/19 1062819 167562 446377 1 Hackberry 12 3 RTreecare 09/10/19 1062820 167562 446381 1 Maple, Norway 16 3 RTreecare 09/10/19 738706 167562 446382 ii 1 Maple, Norway ? 3 RTreecare 09/10/19 1062806 167562 446384 11 1 Black Walnut 22.5 =. 3 RTreecare 09/10/19 1062807 167562 446385 1 Black Walnut 52 3 RTreecare 09/10/19 695494 167562 446386 13 1 Honey Locust 24 = 3 RTreecare 09/10/19 1062808 167562 446388 i ?:1 1 Black Walnut 21.5 _ 3 RTreecare 09/10/19 1062809 167562 446389 15 t Ash,Green 18.5 3 RTreecare 09/10/19 1062810 167562 446390 16 1 Ash, Green 31.5 3 RTreecare 09/10/19 1062811 167562 446391 17 Ash, Green 13.5 2 3 RTreecare 09/10/19 1062812 167562 446392 38 1 Ash, Green 18.5 3 RTreecare 09/10/19 1062813 167562 446393 19 1 Crabapple 9.5 3 3 RTreecare 09/10/19 738707 167562 446383 RECEIVED OM I, 3 0 2019 CITY OF SIFIC)REVY000 T OF: WALNUT HILL n I � S I I h f' HOPE CRAW 79£ (SET OEr.VL) I $ I �$ L, PROPOSED RAM' GARDEV (SIFF OEWL) I STORMWATER REQUIREMENTS PROPOSED DRAINAGE MAP D �,el l in 9 E %j5tin9 ,� Yellowstone 1. VOLUME CONTROL - ONSITE RETENTION & FILTRATION OF 1.0 -INCH STORM EVENT OVER PROPOSED NEW IMPERVIOUS SURFACES. • PROPOSED NEW IMPERVIOUS AREA = 2818 SQUARE FEET • REQUIRED VOLUME TO FILTER = 2,818 X (1/12) = 235 CUBIC FEET VOLUME OF RETENTION PROVIDED (RAIN GARDEN SURFACE STORAGE) = 406 CUBIC FEET *RAIN GARDEN WILL DRAW DOWN WITHIN 48 HOURS* 2. RATE CONTROL - NO NET INCREASE IN RUNOFF RATE TO NEIGHBORING PROPERTIES FROM EXISTING TO PROPOSED SITE CONDITIONS FOR THE ATLAS 14: 1, 10, 100 -YEAR, 24 HOUR STORM EVENTS. REFER TO STORMWATER RUNOFF RATE SUMMARY TABLE. Advance umeying & Engineering, Co. 17917 Highway 7 Minnetonka, Minnesota 55345 Phone (952) w Web: ww.advsur.com "1 Y ` -12' HDPE FES W17RA -W GUARD Wl-asao f `` -Jf LF - 12- HDRE O 2.9,E ,• -7NSWL ROJ CCN(SMUCWN EN7RAMX PER N07ES -12- HOPE FES W/7RASH GUARD / - /NV�9�9.° / 10�'Lcw Q F2�5�"euthTt o N r - icfyU�7�l+AC NOV 12 2 ®19 CITY OF SHOREWOOD Irdil EXISTING STORMWATER RUNOFF RATE SUMMARY(CFS) STORM EVENT El(CFS) 1 -YEAR 0.44 10 -YEAR 1.62 ,VM r DOWMVV7S 70 --------- -- " PW PIPE ROWED 1N70 PROPOSED RAINIGAROEN I I � I I I ,J STORMWATER REQUIREMENTS PROPOSED DRAINAGE MAP D �,el l in 9 E %j5tin9 ,� Yellowstone 1. VOLUME CONTROL - ONSITE RETENTION & FILTRATION OF 1.0 -INCH STORM EVENT OVER PROPOSED NEW IMPERVIOUS SURFACES. • PROPOSED NEW IMPERVIOUS AREA = 2818 SQUARE FEET • REQUIRED VOLUME TO FILTER = 2,818 X (1/12) = 235 CUBIC FEET VOLUME OF RETENTION PROVIDED (RAIN GARDEN SURFACE STORAGE) = 406 CUBIC FEET *RAIN GARDEN WILL DRAW DOWN WITHIN 48 HOURS* 2. RATE CONTROL - NO NET INCREASE IN RUNOFF RATE TO NEIGHBORING PROPERTIES FROM EXISTING TO PROPOSED SITE CONDITIONS FOR THE ATLAS 14: 1, 10, 100 -YEAR, 24 HOUR STORM EVENTS. REFER TO STORMWATER RUNOFF RATE SUMMARY TABLE. Advance umeying & Engineering, Co. 17917 Highway 7 Minnetonka, Minnesota 55345 Phone (952) w Web: ww.advsur.com "1 Y ` -12' HDPE FES W17RA -W GUARD Wl-asao f `` -Jf LF - 12- HDRE O 2.9,E ,• -7NSWL ROJ CCN(SMUCWN EN7RAMX PER N07ES -12- HOPE FES W/7RASH GUARD / - /NV�9�9.° / 10�'Lcw Q F2�5�"euthTt o N r - icfyU�7�l+AC NOV 12 2 ®19 CITY OF SHOREWOOD Irdil EXISTING STORMWATER RUNOFF RATE SUMMARY(CFS) STORM EVENT El(CFS) 1 -YEAR 0.44 10 -YEAR 1.62 100 -YEAR 3.59 PROPOSED STORMWATER RUNOFF RATE SUMMARY (CFS) STORM EVENT PT(CFS) 1 -YEAR 0.36 10 -YEAR 1.51 100 -YEAR 3.14 *NOTES: 1. RESULTS ARE DERIVED FROM HYDROCAD MODELING SOFTWARE UTILIZING ATLAS 14 STORM DATA. 2. HYDROLOGIC SOIL GROUP 'C ". 3. RESULTS CONFIRM THAT THE RATE CONTROL REQUIREMENTS HAVE BEEN MET. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONA• "NOINEER UNDER THE LAWS OF THE STATE OF MIN* A Jo 0 S. Rink. 52716 LICENSE NO. OCTOBER 10, 2019 DATE beAtJGE 4- (` Lt - CoL1(vuGttu Occ - • QeO454 weo' Ater 11`66 5FIede -1 ,?� P,c: E°BVbU -0 - t�eFLacPaue�+ 3 f F ae��l aeci (cc�rrCCi G am. rQC C6,1mrme SZ'ZC �5e aI(awLl,n p��l L -'GhND AT 3M6? 00A7'0OR AC17STOVO SPOT dZ V4-rION PROPOSdD cONTO(%P MY 19RdIA'ACE AKRON - .FL19K ===:> SILT F"C"10 ROLZ SF — RI7 HAZ! .0"I)V40E "M M El PROPOSED DR9IN40r AREA m P1 SHEET TITLE PRELIMINARY PLAT DATE SURVEYED: SEPTEMBER 23 2019 (STORMWATER MGMT.) SHEET SIZE 22 X 34 SHEET NO. DRAWING NUMBER L CE VDATEDRAFTED: OCTOBER 10, 2019 191316 TB T 2' 2019 F Sli. f "`(:f•O:-;r I �wa CV O 9 x l I N v Q os C L O W > N 11J � U W CD ��' `� • �� a C i a �u t a c f� . ba LL fe x� „ tt 1. ,, � � S� 1 o G d� RV his _ j__ rr, ax tw,snAS3s sarabrry 'usw, w rvw .w� \ ��— °- 'l�/� Pnog 4nTj ,Lryunoj — - - -- - - - -- -- - - - --� 3 s T'a 2P It Li jj(�TT� --1 �i i� % ��S ��•;55i`` •a�� a�i ��II.� t,a \\ s � O Its`, �•t -�, a 1 E R� 3 w a J I =1 J 4 M �• �li n, a �sr�ss� •�, �,o,s. Mom 4n1a diTUnoa — ac -- - - - - - - - - - - - - III ---- - ----\ �am N Oil I tali C:� U, !° 1 ° m LLI cj UJ C:) It It It 7t ON 'It Y, t7 It ", ft N� s gg v Z2 V- A-I It -15 -a- 13! O Gala `FV E 8� gT i M • PPOW t: qnlj U)unoj g g RRR 7 "1 0 J lm� b�� a 5 f-, H2 s �54 E�t E M p s jS 3 9 �a 13 z g , g7 -8 RE X997 S.2- G 4:i 'S iE �k 4� i 1 3 A EP t, lb E. 15 .9 -n 8. g El —t r 5 7 5i 0.2 p .1 2 r, a 7e 2,2 7V a: �� N — :2 A p A a E N I � g I § 9 1 A A q rzg . . . . . . . . . . . . . . . . . . *T Boote Land Use and Rezoning Request City of Shorewood Country Club Drive Shorewood. MN To whom it may Concern, We are neighbors who live two lots to the east of Mr. Boote and understand that he is seeking to re- guide and rezone his property in order to subdivide his current lot into 2 y acre lots for resale. While we do not wish to make any such changes to our property at this time, we have no issue with Mr. Boote's request to do so. Therefore, we would ask the City to grant his request for Land Use Revision and Re- zoning in order to subdivide his property. r , Re ards Date; Regards, r--. CEECE� N -- I nrT -2-2019- OF SHOREWOOD CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 2 of 7 3. PUBLIC HEARINGS - NONE Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission's role is to help the City Council in determining zoning and planning issues. One of the Commission's responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non - binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING — WALNUT HILL — COMPREHENSIVE PLAN AMENDMENT; REZONE TO R -1C; PRELIMINARY AND FINAL PLATS Applicant: Debra Hunt Location: 24340 Yellowstone Trail Planning Director Darling gave an overview of the application regarding 24340 Yellowstone Trail. She explained that the application is to subdivide the property into two lots to allow for the construction of one additional single family home. She stated that the applicant has also applied to change the Comprehensive Plan's land use plan from minimum density residential to low density residential. She explained that staff is not recommending approval of the Comprehensive Plan land use amendment for just the applicant property and had encouraged the applicant to speak with the neighboring properties to join this application. She stated that because staff does not recommend this change, they also cannot support the rezoning request because it would allow for development that would be inconsistent with the land use plan. She stated that this also means that staff cannot support the subdivision request because it needs to be consistent with both the zoning district and Comprehensive Plan. She stated that the City has received two letters regarding this application, one expressing concern and the other indicating support. Commissioner Gorham stated that staff had indicated that they would encourage the property owner to apply for the Comprehensive Plan amendment as a larger group and asked how many property owners would be necessary for the City to consider changing a larger area of land use. Planning Director Darling stated that they have asked residents to work with their surrounding neighborhood, a specific number is not required. Commissioner Gorham asked whether it would be asking for the whole street in this instance. Planning Director Darling stated that it would be a few of the surrounding parcels, and at a minimum, the property to the west and a few properties surrounding it. She stated that the property owner can speak to the question of who they contacted in the neighborhood. She noted that the properties to the south are all zoned R -1 C and the properties on the north and east are zoned R-1 A. She stated that there is one other parcel across the street to the west that has also been guided for the minimum density for the land use. Sarah Bennett, attorney for Debra Hunt, the applicant, appeared and explained that Ms. Hunt currently lives in California and is the trustee for her father, Marvin Boote. She explained that Mr. Boote has owned this property since 1960 and is now 93 and has moved to California to be with his daughter. She stated that she disagrees that allowing this change would change the character of the neighborhood because much of the area is already zoned R -1 C and would only require a map amendment in the Comprehensive Plan. She noted that a tree preservation plan was submitted as part of this application so they will not interfere in the natural landscape in the area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 3 of 7 Commissioner Gorham asked about her distinction between a text amendment and a map amendment on the Comprehensive Plan. Ms. Bennett explained that she did not see anything when she was reading the Comprehensive Plan that would require a text amendment. She stated that this amendment would not try to thwart any of the policy objectives in the Plan. She stated that she understands Planning Director Darling's argument for the City having a consistent approach to this type of application, but would ask whether this application really interferes or takes away from the goals of the Comprehensive Plan. Commissioner Gorham asked why Ms. Bennett thinks this situation is unique and would not set a precedent. Ms. Bennett stated that she believes the City needs to take a look at the properties in the surrounding areas as well. She stated that they contacted some of the neighbors regarding the Comprehensive Plan amendment. She explained that one submitted comments in opposition and one has submitted comments in support. She stated that, to her knowledge, the rest of the neighbors are not opposed to the amendment, but do not see any practical benefit for themselves at this time. Commissioner Gault stated that it appears as though the only reason the current property owners want to make this change is for financial gain. He stated that he does not like the idea of spot zoning. Ms. Bennett stated that there is someone interested in purchasing the property. She stated that if this is rezoned, they would hope that some of the surrounding properties would also rezone in the future, but if they do not, she does not believe that it will be inconsistent with the entire surrounding area. She stated that she does not see this change sticking out like a sore thumb. Chair Maddy opened the Public Hearing at 7:32 P.M. noting the procedures used in a Public Hearing. Ed Haskel, 24315 Yellowstone Trail stated that he has lived here for 28 years. He stated that he spoke with most of the surrounding neighbors on behalf of Mr. Boote. He stated that seven of the properties stated that they did not care if this was done, but did not want to participate in the process. He noted that the lots around them are not able to be subdivided because they are either too narrow or too small. He reiterated that the neighbors do not oppose the subdivision. He stated that if this lot were subdivided it would help the City pay the infrastructure costs for the water in the area. He stated that if approved, there would be financial gains for the City as well as the property owner. He stated that he does not think the potential financial gains is reason for the City to deny this request. Commissioner Gault asked why the neighbors that did not oppose this request didn't submit a letter explaining their position. Mr. Haskel stated that he knows that one neighbor did not oppose the plans, but had problems with the Boote's in the past with relation to dogs, so he would not submit a letter. He stated that he was unsure they the others did not submit a letter. There being no additional comment, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:40 P.M. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 4 of 7 Chair Maddy explained that the City needs to apply the standards and policies uniformly and consistently. Commissioner Gault stated that he does not support doing the spot zoning that is proposed. Gorham moved, Gault seconded, recommending the Council deny the request by Debra Hunt, 24340 Yellowstone Trail, for a Comprehensive Plan Amendment, Rezone to RAC and Preliminary and Final Plats. Motion passed 3/0. Planning Director Darling noted that this item will come before the Council on January 13, 2020. RECEIVED City of Shorewood JAN 0 E3 2020 Attn: Marie Darling, Planning Director 5755 Country Club Road CITY OF SHOREWOOD Shorewood, MN 55391 Re: 24340 Yellowstone Trail, Shorewood, MN 55391 — Preliminary Plat for "Walnut Hill, ", Comprehensive Plan Amendment and Rezoning of Property Dear Ms. Darling: We are submitting this letter in support of Ms. Hunt's application for the preliminary plat of "Walnut Hill," the re- zoning of 24340 Yellowstone Trail, Shorewood, Minnesota from R -lA (minimum density residential; 0.1 -1 unit/acre) to R -1 C (low density residential; 1 -2 units /acre) and the corresponding amendment to the City's Comprehensive Plan. We have admired the property located at 24340 Yellowstone Trail for some time and recently approached Mr. Boote and Ms. Hunt about purchasing the westerly lot of the property, pending the approval of the subdivision of the property. We are currently residents of Chaska and would love to make Shorewood our home. We appreciate the character this neighborhood has to offer and it is our intent that the home we would build would only enhance the neighborhood's character and charm. We enjoy gardening and landscaping and would take very good care of this property if it were ours. We appreciate the City Council's consideration of Ms. Hunt's application. Sincerely, Timothy McCauley & Karen McCaul y 957x. k3 • -37a 3 Dec. 2, 2019 City of Shorewood c/o Planning Dept. 5755 Country Club Road Shorewood, MN 55331 RECEIVED DEC - 2 2019 CITY OF SHOREWOOD We received your letter concerning the request for rezoning the property at 24340 Yellowstone Trail. We are opposed to this request for the following reasons. 1) This corner is very busy and with the added traffic that is coming from the Mtka Country Club development and the possibility of even more traffic when the Tonka Bay apartments at the shopping center on Cty 19 are built, there will be even more traffic at this intersection. 2) Every year there are vehicles in the ditch at this intersection. With the added traffic, another driveway here does not make a lot of sense. It just seems dangerous. That you for your time. I Maybeth and Ed Sheridan 6150 Club Valley Road Shorewood, MN 952- 401 -9104 Sheridan @usfamily.net City of Shorewood Attn; Marie Darling, Planning Director 5755 Country Club Road Shorewood, MN Re; Walnut Hill Preliminary Plat etc. Dear Ms. Darling and Council, We live at 24315 Yellowstone Trail, directly across the street from the Mr. Boote, and are very much in favor of his subdivision as requested. We have lived on Yellowstone Trail since 1991 and have seen the neighborhood change quite dramatically since then. The addition of one new home in our neighborhood is not going to significantly impact our neighborhood, or our community in any way. We regret that Marvin and Debra will be relocating due to health issues but wish them well. We also welcome new neighbors to Shorewood and to our Yellowstone Trail neighborhood. We ask that the Council Grant the Walnut Hill Request for subdivision. Regards, Owners; Edward J Hasek Stephanie R Hasek FRECEIVED JAN 1 {3.2020 CITY OF SHOREWOOD i' Kim Ml ��1 � 1r�� a�iau�•`• C t ie•.. iWr,a ��� ��rr'. �yuLr. i ��® rLrri 1: � tr ■ `l �l_ a i+t•�l t ;vT��I � 1 - •��''� �� 1•li ■lll lid _rTJ \�ibrEYlr ■ I� Ursa �FItl� lIin, aieli dx �J�few � ►�� ■11 �11 v I1114�I1 �I�% rosin OEM I RESOLUTION NO. 20 -xxx CITY OF SHOREWOOD A RESOLUTION DENYING A REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT, REZONING AND PRELIMINARY AND FINAL PLAT FOR "WALNUT HILL" ON PROPERTY LOCATED AT 24340 YELLOWSTONE TRAIL WHEREAS, Debra Hunt, on behalf of the Marvin Boote Trust, (the "Applicant ") requested a Comprehensive Plan Amendment, Rezoning, and Preliminary and Final Plat for "Walnut Hill" (the "Request ") on property located at 24340 Yellowstone Trail, (the "Subject Property ") legally described as: That part of the following described parcel: That part of Lot 31, Auditors Subdivision No. 133, Hennepin County, Minnesota, lying Westerly of a line drawn from a point on the Northerly line of Glenco Road (now Yellowstone Trail) distant 190.00 feet Southwesterly from the intersection of the northerly line of said Glenco Road, with the east line of said Lot 31 to a point on the northerly line of said Lot 31 distant 351.8 feet Southwesterly from the North East corner thereof; Except the West 17 feet thereof; AND That part of Lot 31, Auditors Subdivision No. 133, Hennepin County, Minnesota, described as follows: Commencing at the intersection of the East Line of Said Lot 31 with the Northerly Right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, a distance of 237.57 feet along said east line, thence South 76 degrees 13 minutes 10 seconds West a distance of 227.36 to the point of beginning; thence South 76 degrees 13 minutes 10 seconds West a distance of 21.47 feet to an intersection with a line drawn from a point on the Northerly line of Glenco Road (now Yellowstone Trail) distant 190 feet Southeasterly from the intersection of the northerly line of said Glenco Road, with the east line of said Lot 31 to a point on the northerly line of said Lot 31 distant 351.8 feet Southwesterly from the North East corner thereof; thence South 12 degrees 18 minutes 37 seconds East along the last described line to the northerly right of way line of the Yellowstone Trail; thence easterly along said right of way line to a line bearing South 11 degrees 57 minutes 21 seconds East from the point of beginning thence North 11 degrees 57 minutes 21 seconds West, along said line to the point of beginning. Which lies southerly of the following described line: Commencing at the southeast corner of the above described property; thence North 11 degrees 57 minutes 21 seconds West, assumed bearing, along the easterly line of the above described property a distance of 134.40 feet to the point of beginning of the line to be described; thence South 81 degrees 02 minutes 08 seconds West a distance of 257.62 feet to the east line of the west 17 feet of the above described property and said line there terminating. WHEREAS, the Applicant has submitted the Request to allow a subdivision of the Subject Property into two lots; and WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is included in a memorandum for the December 3, 2019 meeting of the Planning Commission, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission reviewed the application at public meetings on December 3, 2019, the minutes of the meetings are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on January 13, 2020 at which time the planning staff memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the City Council from the Applicant and staff. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The Subject Property is located in the Minimum Density Residential land use classification, which allows development of properties from .1 to 1 units per acre. 2. The Subject Property is located in the R -1A zoning district, which requires each lot to contain a minimum of 40,000 square feet. 3. The Applicant's proposal is to create two lots with the easterly lot containing 20,207 square feet and the westerly lot containing 24,356 square feet 4. The Applicant's proposal is identified on the application materials and plans submitted on October 22, 25, and 30, 2019 and November 12, 20 and 21, 2019. 5. The Subject Property sits northerly of the boundary between: 1) the Minimum Density Residential and the Low Density Residential land use classifications and 2) the R -1A and the R -1C zoning district boundaries. 6. The properties to the east, north and west of the Subject Property are currently guided Minimum Density Residential and zoned R -1A. 7. The City's Comprehensive Plan includes several land use objectives and policies regarding land use patterns, as follows: • Neighborhoods are to be maintained and where necessary, strengthened in character, while at the same time improving and reinforcing community identity • Establish and maintain a consistent approach to the development of fragmented land parcels (i.e. larger lots having the potential to be subdivided) which encourages cooperation between landowners and provides for access and utility service which complies with City standards -2- • To the maximum extent possible, development policies and regulations shall be applied consistently and uniformly 8. City Code (1201.04 subd. 1 d. of the zoning regulations) includes the following direction for applications to rezone properties: • The proposed action must be considered in relation to the specific policies and provision of and has been found to be consistent with the official City Comprehensive Plan. 9. The Comprehensive Plan includes two policies that guide the City when reviewing development applications, as follows: • Density and lot size shall be the primary considerations in the review of development requests • Overall density shall be a primary consideration in the review of development requests 10. Section 1202.01 subd. 11. of the subdivision regulations states that the enforcement, amendment, and administration of the subdivision regulations shall be accomplished with due consideration contained in the recommendations contained in the Shorewood Comprehensive Plan. 11. Section 1202.05 subd. 2 a. of the subdivision regulations states that the minimum lot area, width and depth shall not be less than that established by the Shorewood Zoning ordinance. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby concludes that the Applicant's Request for a Comprehensive Plan Amendment to reguide the properties from Minimum Density Residential to Low Density Residential is in conflict with the objectives and policies listed in Item 7 under Findings and hereby denies the application. B. The City Council further concludes the Applicant's Request conflicts with Items 8 and 9 under Findings (above) and the density permitted by the Minimum Density Residential land use classification and hereby denies the application for rezoning from R -1A to R -1 C. C. The City Council concludes the Applicant's Request for the preliminary and final plat conflicts with Items 10 and 11 under Findings (above) and hereby denies the application for subdivision. -3- ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 27th day of January, 2020. Attest: Sandie Thone, City Clerk -4- Scott Zerby, Mayor City of Shorewood Council Meeting Item 8A Title/Subject: Resolution Approving Encroachment Agreement Meeting Date: Monday, January 27, 2020 MEETING Prepared by: Andrew Budde, City Engineer TYPE Reviewed by: Larry Brown, Director of Public Works Regular Meeting Attachments: Agreement and Resolution Background: Council has previously provided direction to staff to review the policy associated with encroachments within public right of way. Staff is still reviewing this item internally and will bring the policy topic back to Council for their consideration at a later date. The property owner located at 23290 Park Street submitted a building permit and as part of the improvements planned on replacing an old timber retaining wall located on the west side of the driveway. The new boulder retaining wall is slightly taller and also ties down to the existing ground within the public right of way by approximately 10 feet. The end of the new retaining wall is approximately 20 feet from the edge of the existing pavement on Park Street and provides adequate room for snow removal. The City prepared an Encroachment Agreement to allow the retaining wall within the right of way. The property owner has reviewed the agreement and is willing to sign the document. Financial Considerations: None. Recommendation/Action Requested: Staff respectfully recommends the city council approve the encroachment agreement with the property owner located at 23290 Park Street. Motion, second and Simple Majority required. Connection to Vision/Mission : Consistency in providing residents quality public services, a healthy environment, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD ENCROACHMENT AGREEMENT This Agreement, is entered into this ____ day of _________, 2020, by and between, David Thomas and the City of Shorewood, a Minnesota municipal corporation. RECITALS 1.The City of Shorewood (the City) is a Minnesota municipal corporation operating as a statutory city under the laws of the State of Minnesota; and 2.David Thomas (Property Owner) owns certain real estate located at 23290 Park Street within the City and described as: Lot 086, of the Academy Addition To Excelsior, Hennepin County, 3.The Property abuts and shares a common property line with Park Street, a platted 4.The Property Owner proposes to construct a boulder retaining wall partially within the Property and partially within the Right-of-Way, generally located on the west side of the existing driveway; 5.The Property Owner and City have agreed to the installation of the Improvements st in the location depicted on the plan on file with the City dated October 1, 2019; AGREEMENT 1.The City consents to allow the contractors and agents of the Property Owners or their successors and assigns to enter upon the Right-of-Way to construct the Improvements in the location and as depicted in the plan on file with the City to be approved by the City Engineer; and 2.The Property Owners and their successors and assigns do hereby indemnify and waive the City, by and through its City Council, officials and employees, from any and all claims arising from the use of the Right-of-Way and construction of the Improvements, together with those claims of the users of the Right-of-Way through the customary and incidental use of the Right-of-Way. 3.In the event the city at any time requires the use or alteration of the Improvement within the Right-of-Way, the Property Owners and their successors and assigns agree to make no claim for damages to the City. PROPERTY OWNER By: David Thomas STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on ____________ 2020, by David Thomas. Notary Public CITY OF SHOREWOOD By: Scott Zerby Its: Mayor By: Greg Lerud Its: City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on _____________, 2020, by Scott Zerby and Greg Lerud, the Mayor and City Administrator, respectively, of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation. Notary Public Drafted by: Engineering Department City of Shorewood 5755 Country Club Rd Shorewood, MN 55331 Exhibit A: CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20- A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH PROPERTY AT 23290 PARK STREET. WHEREAS, the City of Shorewood is a Minnesota municipal corporation operating as a statutory city under the laws of the State of Minnesota; and WHEREAS, David Thomas, the property owner located at 23290 Park Street (Lot 086 of the Academy Addition to Excelsior) within the City of Shorewood; and WHEREAS, the property abuts and shares a common property line with Park Street, a platted street within the City; and WHEREAS, the property owner proposes to construct a boulder retaining wall partially within the property and partially within the right of way, generally located on the west side of the existing driveway. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby approves the Encroachment Agreement with the property owner of 23290 Park Street. 2. Authorizes the Mayor and City Administrator, on behalf of the city, to sign the agreement and execute any other necessary documentation to validate the agreement. Adopted by the City Council of Shorewood, Minnesota this 27th day of January 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title/Subject: Ordinance 571: Tobacco Sales Amendment 9A Meeting Date: Monday, January 27, 2020 Prepared by: Sandie Thone, City Clerk/HR Director MEETING TYPE Reviewed by: Greg Lerud, City Administrator Regular Meeting Attachments: Ordinance 571: Tobacco Sale Amendment Resolution 20-XX: Ord. 571 Summary Publication Summary Publication in Title and Summary Background : On December 20, 2019 the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell tobacco products to anyone under the age of 21 including cigarettes, cigars, and e-cigarettes – to anyone under 21. The changes proposed to Chapter 302 and delineated in the attached Ordinance Amendment 571 include incorporating this new age requirement of 21 years into current city code where it was previously 18 years of age. In addition, housekeeping updates to the chapter include removing an outdated reference to offender education programs and updating the definition of a minor as applicable. In addition, staff is proposing council publish a summary of the ordinance which is more economical for the city but still shows the intent of the ordinance amendment for transparency and informational purposes. Although the summary serves to inform the public of the intent and effect of the ordinance the full ordinance will be on file in the office of the City Clerk during regular office hours and available on the city’s website. Attached you will find Ordinance 571 which outlines the code amendment proposed, the Resolution for Summary Publication, and the Summary Publication proposed. Recommendation/Action Requested: Staff respectfully recommends the council review the attached Ordinance, Resolution, and Summary Publication and if needed, make any changes as determined and approve. The Item will require Two Approvals: 1) Ordinance 571 requires: Motion, second and simple majority required. 2) Resolution to Publish Summary in Title and Summary: Motion, second and 4/5 vote. Connection to Vision /Mission : Consistency in providing the community with quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE 571 AN ORDINANCE AMENDING CHAPTER 302 OF SHOREWOOD CITY CODE TITLED SALE OF TOBACCO Section 1: Shorewood City Code Section 302 is hereby amended as follows: Section 2: CHAPTER 302 SALE OF TOBACCO Section 302.01 Purpose 302.02 Definitions 302.03 License 302.04 Fees 302.05 Basis for denial of license 302.06 Prohibited sales 302.07 Vending machines 302.08 Self-service sales 302.09 Responsibility 302.10 Compliance checks and inspections 302.11 Other illegal acts 302.12 Violations and hearing process 302.13 Penalties 302.14 Exceptions and defenses 302.01 PURPOSE . Because the city recognizes that many persons under the age of 18 21 years purchase or otherwise obtain, possess and use tobacco, and tobacco-related devices, and the sales, possession and use are violations of both state and federal laws; and because studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 18 21 years and that those persons who reach the age of 18 21 years without having started smoking are significantly less likely to begin smoking and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this chapter shall be intended to regulate the possession and use of tobacco, and tobacco-related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, and tobacco-related devices and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in M.S. § 144.391. (Ord. 475, passed 5-9-2011) 302.02 DEFINITIONS . For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, and tobacco-related devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase tobacco, or tobacco-related devices for educational, research and training purposes as authorized by state and federal laws. COMPLIANCE CHECKS may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, and tobacco-related devices. INDIVIDUALLY PACKAGED. The practice of selling any tobacco wrapped individually for sale. Individually wrapped tobacco shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered INDIVIDUALLY PACKAGED. LOOSIES. The common term used to refer to a single or individually packaged cigarette. MINOR. Any natural person who has not yet reached the age of 18 years A person under the age of full legal responsibility as defined by State Statute. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. RETAIL ESTABLISHMENT. Any place of business where tobacco, or tobacco-related devices are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience stores and restaurants. SALE. Any transfer of goods for money, trade, barter or other consideration. SELF-SERVICE MERCHANDISING. Open displays of tobacco, or tobacco-related devices in any manner where any person shall have access to the tobacco, or tobacco- related devices, without the assistance or interven employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, or tobacco-related device between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING shall not include vending machines. TOBACCO. Cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. TOBACCO-RELATED DEVICES. A pipe, rolling paper or other device intentionally designed or intended to be used in a manner which enables tobacco to be chewed, stuffed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, or tobacco-related device. (1987 Code, § 302.02) (Ord. 475, passed 5-9-2011) 302.03 LICENSE . No person shall sell or offer to sell any tobacco, or tobacco-related device without first having obtained a license to do so from the city. Subd. 1. Application. An application for a license to sell tobacco, or tobacco-related devices shall be made on a form provided by the city. The application shall business addresses and telephone numbers, the name of the business for which the license is sought and any additional information the city deems necessary. Upon receipt of a completed application, the City Administrator/Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the City Administrator/Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 2. Action. The city may either approve or deny the license or it may delay action for the reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city shall approve the license, the City Administrator/Clerk shall issue the license to the applicant. If the city denies the license, notice of the denial s appeal the decision. Subd. 3. Term. All licenses issued under this chapter shall expire on the last day of October of each year. Subd. 4. Revocation or suspension. Any license issued under this chapter may be revoked or suspended as a penalty for a violation. No suspension or revocation may take effect until the licensee has received notice, either personally or by mail, of the opportunity for a hearing pursuant to §302.12. Subd. 5. Transfers. All licenses issued under this chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 6. Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this chapter. Subd. 7. Display. All licenses shall be posted and displayed in plain view of the public on the licensed premises. Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (1987 Code, § 302.03) (Ord. 475, passed 5-9-2011) 302.04 FEES . No license shall be issued under this chapter until the appropriate license fee shall be paid in full. The fee for a license shall be as provided in §1301.02 of this code. (1987 Code, § 302.04) (Ord. 475, passed 5-9-2011) 302.05 BASIS FOR DENIAL OF LICENSE . Subd. 1. The following shall be grounds for denying the issuance or renewal of a license under this chapter; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. a. The applicant is under the age of 18 years; b. The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco- related devices; c. The applicant has had a license to sell tobacco or tobacco- related devices revoked within the preceding 12 months of the date of the application; d. The applicant fails to provide any information required on the application or provides false or misleading information; e. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding a license. Subd. 2. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. (1987 Code, § 302.05) (Ord. 475, passed 5-9-2011) 302.06 PROHIBITED SALES . It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, or tobacco-related device: Subd. 1. To any person under the age of 18 21 years; Subd. 2. By means of any type of vending machine, except as may otherwise be provided in this chapter; Subd. 3. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, or tobacco-related device and whereby there is not a physical exchange of the tobacco, or tobacco-related device Subd. 4. By means of loosies as defined in this chapter; Subd. 5. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; Subd. 6. From any body art establishment (licensed), as defined in Chapter 1201.02. Subd. 7. By any other means, to any other person, on in any other manner or form prohibited by Federal, state or other local law, ordinance provision or other regulation. (1987 Code, § 302.06) (Ord. 475, passed 5-9-2011; Am. Ord. 558, passed 6-25-2018) 302.07 VENDING MACHINES . It shall be unlawful for any person licensed under this chapter to allow the sale of tobacco, or tobacco- related devices by the means of a vending machine unless an employee of the licensed establishment at all times is required to activate the machine for each sale. (1987 Code, § 302.07) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.08 SELF-SERVICE SALES . It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, or tobacco-related devices by any means whereby the customer may have access to the and whereby there is not a physical exchange of the tobacco or the tobacco-related device between the licensee or his or her clerk and the customer. All tobacco, and tobacco-related devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. (1987 Code, § 302.08) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.09 RESPONSIBILITY . All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, or tobacco-related devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting an employee of the licensee to whatever penalties are appropriate under this section, state or federal law or other applicable law or regulation. (1987 Code, § 302.09) (Ord. 475, passed 5-9-2011) 302.10 COMPLIANCE CHECKS AND INSPECTIONS . All licensed premises shall be open to inspection by the Police Department or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 21 years, to enter the licensed premises to attempt to purchase tobacco, or tobacco- related devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, or tobacco-related devices when the items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes or required for the enforcement of a particular state or federal law. (1987 Code, § 302.10) (Ord. 475, passed 5-9-2011) 302.11 OTHER ILLEGAL ACTS . Unless otherwise provided, the following acts shall be a violation of this chapter. Subd. 1. Illegal sales to minors. It shall be a violation of this chapter for any person to sell or otherwise provide any tobacco, or tobacco-related device to any minor. Subd. 2. Illegal possession. It shall be a violation of this chapter for any minor to have in his or her possession any tobacco, or tobacco-related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. Illegal use. It shall be a violation of this chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, or tobacco-related device. Subd. 4. Illegal procurement. It shall be a violation of this chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, or tobacco-related device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain the items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, or tobacco-related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 6. Illegal sales by minors. It shall be a violation of this chapter: a. For anyone under the age of 18 to sell tobacco, or tobacco-related devices; b. For a licensee to cause or permit anyone under the age of 18 to sell tobacco, or tobacco-related devices. (1987 Code, § 302.11) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.12 VIOLATIONS AND HEARING PROCESS . Subd. 1. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. Hearings. If a person accused of violating this section so requests, a hearing shall be scheduled, the time and place of which shall be provided to the accused violator. Subd. 3. Hearing officer. A hearing officer designated by the city shall serve as the hearing officer. Subd. 4. Decision. If the hearing officer determines that a violation of this chapter a violation and the penalty to be imposed under § 302.13 of this chapter shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator. Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the city in which the alleged violation occurred. Subd. 6. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (1987 Code, § 302.12) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.13 PENALTIES . Subd. 1. Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine as provided in § 1301.02 of this code. In addition, after the third offense, the license shall be suspended for not less than seven days. Subd. 2. Other individuals. Other individuals, other than minors regulated by subdivision 3 of this section, found to be in violation of this chapter shall be charged an administrative fee as provided in § 1301.02 of this code. Subd. 3. Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco- related devices may be subject to enrollment and evidence of successful completion of a tobacco education course provided by Independent School District (Minnetonka) 276 or Independent School District 277 (Westonka) for the first offense and subject to a fine of $100 for each offense subsequent. Subd. 4.3. Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (1987 Code, § 302.13) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.14 EXCEPTIONS AND DEFENSES . Nothing in this chapter shall prevent the providing of tobacco, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law. (1987 Code, § 302.14) (Ord. 475, passed 5-9-2011) Section 3: This ordinance is effective upon publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota on the 27th day of January, 2020. ATTEST: Scott Zerby, Mayor _____________________________ Sandie Thone, City Clerk CITY OF SHREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20- A RESOLUTION APPROVING THE PUBLICATION OF ORDINACE 571 REGARDING TOBACCO SALES IN TITLE AND SUMMARY WHEREAS, at a duly called meeting on January 27, 2020, the City Council of the City of Shorewood adopted Ordinance No. 571 entitled “AN ORDINANCE AMENDING CHAPTER 302 OF SHOREWOOD CITY CODE TITLED “SALE OF TOBACCO”; and WHEREAS , The City Council has adopted a lengthy ordinance amending City Code Chapter 302 to reflect and align with legislation signed on December 20, 2019 that amends the Federal Food, Drug, and Cosmetic Act, and raises the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell tobacco products to anyone under the age of 21; and WHEREAS , The changes to Chapter 302 include incorporating this new age requirement of 21 years into current city code where it was previously 18 years of age. In addition, housekeeping updates to the chapter include removing an outdated reference to offender education programs and updating the definition of a minor as applicable; and WHEREAS ,The purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours and available on the city’s website; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 571 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 571 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached form. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. ADOPTED by the Shorewood City Council on this 27th day of January, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk (Official Publication) CITY OF SHOREWOOD HENNEPIN COUNTY, STATE OF MINNESOTA SUMMARY PUBLICATION ORDINANCE 571: AN ORDINANCE AMENDING CHAPTER 302 OF SHOREWOOD CITY CODE TITLED “SALE OF TOBACCO” Section 1. Shorewood City Council hereby amends City Code Chapter 302 Sale of Tobacco to reflect and align with Federal Legislation passed on December 20, 2019 raising the age of sale of tobacco products from 18 to 21 years. In addition, housekeeping updates to the chapter include removing an outdated reference to offender education programs and updating the definition of a minor as applicable. A full copy of Ordinance 571 is available in the City Clerk’s office at City Hall and on the City’s website. Section 2. This ordinance adopting Ordinance 571 Amending Chapter 302 of Shorewood City Code Titles Sale of Tobacco shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood on January 27, 2020. s/s Sandie Thone, City Clerk /z·ä E {w©;Þ7 LÝ;·;· {Ò ©ä 12/31/1801/31/1902/28/1903/31/1904/30/1905/31/1906/30/1907/31/1908/31/1909/30/1910/31/1911/30/1912/31/19 Allocation ($) 4M Fund 1,161,147.99 1,412,134.40 1,434,353.48 1,421,814.57 434,595.44 447,591.55 808,021.03 1,063,002.46 834,274.35 1,090,311.71 1,401,603.70 914,651.27 1,036,026.99 Brokered Money Markets 0.00 - - - - - - - - - - - - Brokered Certificates of Deposit 4,139,828.71 3,904,476.34 3,907,544.37 3,948,426.54 3,950,523.46 3,951,374.58 3,469,857.23 3,230,260.89 3,489,070.27 3,248,066.65 3,743,671.37 3,746,654.01 4,632,175.04 Government Agency Securities 979,532.50 981,015.00 982,844.50 986,684.00 987,901.50 992,657.00 995,660.50 995,253.52 999,041.56 999,193.30 499,999.84 499,422.50 499,761.00 Municipal Bonds 3,119,649.56 3,121,378.96 3,115,865.45 3,126,544.87 3,126,456.94 3,136,123.02 3,043,416.85 3,038,352.86 3,044,688.63 3,041,415.20 2,749,034.79 2,744,570.24 2,742,687.52 9,400,158.76 9,419,004.70 9,440,607.80 9,483,469.98 8,499,477.34 8,527,746.15 8,316,955.61 8,326,869.73 8,367,074.81 8,378,986.86 8,394,309.70 7,905,298.02 8,910,650.55 Allocation (%) 4M Fund12.4%15.0%15.2%15.0%5.1%5.2%9.7%12.8%10.0%13.0%16.7%11.6%11.6% Brokered Money Markets0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% Brokered Certificates of Deposit44.0%41.5%41.4%41.6%46.5%46.3%41.7%38.8%41.7%38.8%44.6%47.4%52.0% Government Agency Securities10.4%10.4%10.4%10.4%11.6%11.6%12.0%12.0%11.9%11.9%6.0%6.3%5.6% Municipal Bonds33.2%33.1%33.0%33.0%36.8%36.8%36.6%36.5%36.4%36.3%32.7%34.7%30.8% 100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0% Weighted Average Portfolio Yield2.431%2.447%2.457%2.509%2.521%2.534%2.527%2.544%2.490%2.439%2.432%2.431%2.350% Weighted Average Portfolio Maturity (Days)552536508540510479481465491520521491459