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12-14-20 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 14, 2020 7:00 P.M. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute §13D.02, the Shorewood City Council meetings will be held by electronic means. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. For link issues at meeting time, call 952.960.7906. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes from November 23,2020 Minutes B. City Council Regular Meeting Minutes from November 23, 2020 Minutes C. Truth in Taxation Meeting Minutes from December 7, 2020 Minutes D. Approval of the Verified Claims List Claims List E. Approve 2021 non-union wages City Administrator Memo F. Approve 2021 AFSCME Contract Reopener City Administrator Memo G. Approve 2021 Council Meeting Schedule City Clerk/HR Director Memo Resolution 20-124 H. 2021 Updated City Fee Schedule City Clerk/HR Director Memo Resolution 20-125 Ordinance 576 I. Accept Final Improvements Public Works Roof Project Director of Public Works Resolution 20-126 J. Accept Donation from Bolton & Menk for Arctic Fever Parks Director Memo Resolution 20-127 CITY COUNCIL REGULAR MEETING AGENDA – December 14, 2020 Page 2 K. 2020 Audit Engagement Letter Finance Director Memo L. Holiday Schedule City Administrator Memo M. 2020 Deer Management Year End Summary City Administrator Memo 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Employee Service Awards City Clerk/HR Director Memo Larry Brown, Director of Public Works 25 Years Greg Fasching, Light Equipment Operator- Utilities, Public Works Department 10 Years B. Park Commission Service Award City Clerk/HR Director Memo Stephany Vassar, Park Commissioner C. City Council Service Awards City Clerk/HR Director Memo Scott Zerby, Mayor Kristine Sundberg, City Council Member D. Metro Mosquito Control District Annual Report Letter from MMCD 6. PARKS A. Report by Commissioner Gallivan on 12-08-20 Park Commission Meeting 7. PLANNING A. Report by Commissioner Gault on 12-01-20 Planning Commission Meeting Minutes B. Home Occupation Permit Planning Director Memo Location: 5740 Wood Duck Circle Resolution 20-128 Applicant: Tasha Wagner C. P.U.D. Amendment for Height Planning Director Memo Location: 5920 Club Valley Road Resolution 20-129 Applicant: Gonyea Homes D. C.U.P. for Fencing Planning Director Memo Location: 5730 Club Lane Resolution 20-130 Applicant: Roger and Roberta Aronson CITY COUNCIL REGULAR MEETING AGENDA – December 14, 2020 Page 3 E. Amendments to the zoning regulations Planning Director Memo Applicant: City of Shorewood Resolution 20-131 Ordinance 575 8. ENGINEERING/PUBLIC WORKS 9. GENERAL/NEW BUSINESS A. Adopt 2021 Property Tax Levy and General Fund Budget Finance Director Memo Resolution 20-133 B. Adopt 2021 Shorewood Community and Event Center and Finance Director Memo Enterprise Fund Budgets Resolution 20-134 C. Adopt 2021-2030 Capital Improvement Plan and 2021 Capital Finance Director Memo Project Fund Budgets Resolution 20-135 D. Letter of Intent with Metronet City Administrator Memo 10. STAFF AND COUNCIL REPORTS A. Staff 1. SCEC Year-end Report SCEC Director Memo 2. Update on Freeman Park project 3. Woodside Road/Woodside Lane Street Project Update B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 23, 2020 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Administrator Lerud; Planning Director Darling; Director of Public Works Brown; City Engineer Budde, and Nate Sparks, Northwest Associated Consultants (NAC) Absent: None B. Review and Adopt Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 2. Comprehensive Plan Discussion Planning Director Darling explained that the City’s consultants have finalized the revisions needed in the 2040 Comprehensive Plan. She stated that most of the changes are relatively minor. She stated that staff wanted to have one more informal meeting to discuss the more substantive changes needed in the Land Use map. She stated that the Met Council had sent back the Comprehensive Plan to the City stating that there needed to be more opportunities to produce one hundred fifty-five more dwelling units including more opportunities to provide forty-eight more units of affordable housing. She noted that the City already held public hearings on the Comprehensive Plan, however there will be changes made to the Land Use map, which infers some property rights. She stated that she feels it may be appropriate to notify property owners within five hundred feet of the properties proposed as changes and staff will also meet individually with the property owners. She noted that staff is looking for direction from Council on whether they would like them to hold a full public hearing at the Planning Commission or if bringing the changes to the December 14, 2020 Council meeting would be adequate. Nate Sparks, NAC, gave an overview of the information included in the Comprehensive Plan and explained how the City made the calculations. He gave a brief explanation of the staging plan and noted the possibility of certain areas being designated as mixed use in order to come up to the numbers determined by the Met Council. He stated that some of these areas could be included but the likelihood of them actually being developed is questionable because some of them are fairly successful business areas where the economic incentive for this is not necessarily present. He reviewed the proposed changes in the Comprehensive Plan surrounding affordable housing. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 2 of 4 Councilmember Johnson noted that he is inclined to include parcels seven and forty-one as mixed use. He stated that he would support taking out the Shorewood Yacht Club property as well as the ones across Smithtown. Planning Director Darling noted that the parcel shown is the dredging company. Councilmember Siakel stated that she thinks it makes the most sense to put the most density along corridors. She asked about the businesses off of Vine Hill Road and asked if that was considered mixed use. Councilmember Johnson stated that he believes that this is mixed use and would consider from Valvoline to Holiday as potential mixed use. Mayor Zerby stated that he would go further to the self-storage facilities. The Council discussed the issues related to access for the dredging company. Councilmember Johnson stated that he would like to clear up the border issues with Excelsior and then revisit this topic. Councilmember Labadie stated that she would agree with Councilmember Johnson and asked Planning Director Darling for her opinion. Planning Director Darling stated that the reason the dredging company was originally included was because the property owner is interested in redeveloping it for residential uses and have been softly marketing the property. Councilmember Labadie asked if that would cause issues with the neighboring property that is divided between two cities. Planning Director Darling explained that the complication would be more of a social complication rather than a land use complication. Mayor Zerby noted that this is a long-range plan and not for the next year or two. He stated that he thinks this is a City-wide topic and deserves public input. He stated that he would propose a public hearing at the Planning Commission and invite residents to give their input. Councilmember Sundberg stated that she agreed and asked if the resident comments would be shared with the Met Council. Planning Director Darling stated that her understanding is that if it is a public meeting, the comments have to be shared with Met Council. Councilmember Sundberg stated that she thinks it would be good for the Met Council to get the public comments. Councilmember Siakel stated that she disagreed about holding a public hearing, because this has already been provided to the public and there has not been much feedback surrounding redevelopment. She stated that the City rarely has anybody give feedback and the Comprehensive Plan is usually used as a reference to prevent change or as opposition to a CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 3 of 4 development. She stated that she thinks a public hearing at the Planning Commission will create more work for staff with the ultimate result being the same as if they had not held the public hearing. She stated that she is comfortable moving forward at a Council meeting. Mayor Zerby stated that he disagreed because the information being reviewed tonight is new and the public has not seen this yet. Councilmember Siakel reiterated that she does not think the results will be any different. Councilmember Labadie stated that she agreed with both Mayor Zerby and Councilmember Siakel. She stated that she does not think the result will be any different, but feels the right thing to do is to make the process transparent and give people the opportunity to give feedback. Councilmember Sundberg stated that she does not see any harm in proceeding with a public hearing. Councilmember Johnson suggested that Planning Director Darling put a blurb in the newsletter. He asked if the Council wants to consider adding the adjacent parcels along the Highway 7 corridor and noted that including these properties may get the City where they need to be according to the Met Council. Mayor Zerby stated that he does not like the phrase “need to be” and noted that the City has spoken with the Met Council who indicated that it would be all right if the City submitted a proposal that did not meet all of their requirements. He stated that he thinks the numbers are a bit arbitrary and thinks the City does not need to strive to get where it “needs to be”, but just to do the right thing. Councilmember Johnson stated that when he drives by that area, he thinks it would be a great place for a restaurant with some apartments above. Mayor Zerby stated that he would agree, but feels the intersections need to be examined more thoroughly. Planning Director Darling asked if the Council would like staff to add a ‘Mixed Use’ category and include them on the map or just continue keeping them in the text of the document. Mr. Sparks stated that if the City created something that allowed mixed use in commercial areas, it would meet what the Met Council says the parameters are for the City. He stated that they would also define what the City considers mixed use and could potentially reject sites that don’t work because of transportation or access issues. He noted that there are both vertical and horizontal options for mixed use and gave examples of horizontal mixed-use projects in the City of Mound. Councilmember Johnson stated that he would support that idea. Mayor Zerby stated that he likes the idea of adding a percentage to the amount of commercial and residential allowed as suggested by Mr. Sparks. Councilmember Johnson asked if there was a conclusion around including the dredging company. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 4 of 4 There was Consensus from the Council to include the dredging company. Planning Director Darling asked if the Council was comfortable including the Garden Patch site and the small storage building. There was Consensus of the Council to include those locations. 3. ADJOURN Johnson moved, Sundberg seconded, Adjourning the City Council Work Session Meeting of November 23, 2020, at 6:36 P.M. Roll Call Vote: Ayes – all. Motion passed 5/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 23, 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, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review and Adopt Agenda Siakel moved, Johnson seconded, approving the agenda as presented. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes from November 9, 2020 B. Municipal Election Canvas Board Meeting Minutes from November 13, 2020 C. Approval of the Verified Claims List D. Approval of Assessment Agreements for Water Connections RESOLUTION NO. 20-121, “A Resolution Certifying Special Assessments on the 2021 Hennepin County Property Tax Rolls.” E. Approve Donation of Park Bench from Resident, Lynette Trygstad RESOLUTION NO. 20-122, “A Resolution Accepting a Donation for Installation of a Park Bench for the Minnetonka Country Club Open Space.” F. General Election Update Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 2 of 6 3. MATTERS FROM THE FLOOR Petra Cripe, 450 W Lake Street, noted that she had lived at this address for about twenty years. She stated that she has a seventeen-year-old son and an eleven-year-old son who has Down’s syndrome and autism. She stated that in May, the neighboring property owner tore down a fence and created a new entry into the dredge scrap yard just a few steps from their driveway. She asked the owner of the dredge company what was going on and was told that he thought the fence was just being moved. She stated that when she asked Jabore when the fence would be replaced, she was told that it would not be replaced. She stated that she asked him about the increased liability of kids getting hurt, he told her that he was not worried because he had good insurance. She stated that at the time, she asked both Shorewood and Excelsior to help her, but both said that their hands were tied and they could not help. She stated that she then asked an attorney for some advice and was told to look into their C.U.P. She stated that after pouring over the documents, she realized that the fence needs to be there and that there were other conditions within the C.U.P that were not being met. She stated that it appears that Shorewood did not inspect which was supposed to be done every 3 years. She stated that she feels that the Council back in 1990 showed great forethought in meticulously crafting this C.U.P in order to protect residents such as herself. She stated that she has been working with Planning Director Darling for over six months and yet there is still no fence, but assured the Council that Planning Director Darling has been trying to help her and this is not a complaint about her. She stated that a portion of her driveway has been removed and a temporary orange construction fence is in place where the old fence was. She stated that Jabore has been in front of her house and frequently does high speed drive-bys and has been so bold as to totally block her driveway without notice. She stated that he has yelled at her husband and continues to harass her family. She reiterated that according to the C.U.P., the fence needs to be in place. She stated that her eleven-year-old son is non-verbal and if he were to gain access to their site, he could be pinned by machinery or scrap and would not be able to cry out for help. She stated that this would be catastrophic. She stated that she is begging the City to do the right thing and enforce the conditions of the C.U.P. Planning Director Darling stated that she has been working with Ms. Cripe and Mr. Jabore who owns the adjacent property to get the fence reinstalled. She stated that after she was told about the fence coming down, she had gone through the approvals for the development and found that a fence is required. She stated that she made Mr. Jabore install a temporary chain link construction fence in order to secure the area and hopefully prevent Ms. Cripe’s son from wandering onto the adjacent property. She stated that the street reconstruction project did require access through into the dredging company property which is why the original gate came down. She stated that she has been talking with Mr. Jabore about getting that fence reinstalled and knows that his fencing contractor has been on site a few times. She stated that apparently some special equipment such as a vacuum truck, will be needed on site in order to clear holes. She stated that there are also a lot of utilities in the area, which have been marked several times. She noted that she can call him tomorrow to find out where they are in this process. Ms. Cripe stated that the fence posts are in place, but the fence is not, so she does not think the utilities are an issue at this point. 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS - NONE CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 3 of 6 6. PARKS A. Report by Commissioner Garske on November 10, 2020 Park Commission Meeting Commissioner Garske gave an overview of the November 19, 2020 Park Commission meeting as outlined in the minutes. 7. PLANNING A. Report by Commissioner Eggenberger on November 17, 2020 Planning Commission Meeting Commissioner Eggenberger gave an overview of the November 17, 2020 Planning Commission meeting as outlined in the minutes. Councilmember Labadie asked if there was a date for the joint Parks/Planning Commission meeting. Planning Director Darling stated that it has not been scheduled yet because she needs to compare calendars to see what will work best for both groups. Councilmember Labadie stated that she is the City representative for the Excelsior Fire District Board and at one of the meetings, the chief had mentioned that the fire lanes are used for emergency lake access but are no longer used to gain access to water. She suggested that the City get a report from the Excelsior Fire District regarding the fire lanes before the joint meeting that details how many times each of the fire lanes have been used for emergency access. She stated that she thinks this information should be considered if vacation of the fire lanes is being discussed. Planning Director Darling stated that she can discuss this with Chief Mackey. Councilmember Labadie noted that last year there were some concerns regarding Fire Lane #3 with the jersey barriers only being located on the street side. She asked if the Planning Commission had discussed putting the barriers on the lake side. Planning Director Darling stated that they have discussed it, but does not think they have been installed yet. She stated that she will coordinate with Public Works staff on this issue. Councilmember Siakel stated that she believes one of the suggestions was to install the barriers only at the lake side. Councilmember Labadie stated that she agreed that was the suggestion because there were problems with snowmobilers leaving the lake, going up the fire lane and then coming upon the barriers, which created problems. She stated that she thinks having the barriers on the lake side would prevent this type of issue. Park Commissioner Garske stated that it would be good for the Park and Planning Commissions to know which fire lanes the Excelsior Fire District would be interested in being able to access, in addition to the information on where they have used them for emergency access. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 4 of 6 8. ENGINEERING/PUBLIC WORKS - NONE 9. GENERAL/NEW BUSINESS A. Mayoral Emergency Declaration 20-03 City Administrator Lerud explained that the City has been operating under Emergency Declaration 20-02 since early summer. He stated that the declaration re-opened public buildings following the closure with the original response to COVID-19. He stated that Governor Walz recently issued Executive Order 20-99 which dialed back activities due to the uncontrolled spread of COVID-19 that is currently taking place. He explained that there are three staff members who have tested positive for COVID-19 and others have been in quarantine. In order to minimize the risk of the spread of COVID-19, Mayor Zerby issued Emergency Declaration 20-03 on November 19, 2020 which closes the City facilities through the four-week period contained in Governor Walz’s Executive Order. He explained that the City has taken steps to make it possible for staff to work from home more efficiently and noted that in order for a Mayoral Emergency Declaration to be valid beyond three days, it must be approved by the City Council. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 20-123, “A Resolution Approving Mayoral Declaration 20-03.” Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. October 2020 General Fund Budget Report Finance Director Rigdon gave an overview of the October 2020 General Fund report. He stated that the City revenues are at about sixty percent for the year and noted that this will improve once the taxes come in early December, which should bring the revenues to one-hundred percent. He stated that the expenditures are also on target with the budgeted amount. City Administrator Lerud stated that the Council should discuss the letter that was sent out regarding the miscalculated tax rate. He stated that Finance Director Rigdon had included him in an e-mail that was sent to the County that explained that he felt they had miscalculated the City’s tax rate by not including the levy for debt service. He stated that Finance Director Rigdon was correct and reiterated that the mistake was by the County. He stated a revised Truth in Taxation statement will be sent out and wanted to make it clear to the Council and the residents that it was not the City that made the miscalculation. He noted that the difference will not be significant. Finance Director Rigdon agreed that the difference should be fairly minor but noted that the County taxed too little. Councilmember Johnson stated that the way the letter is phrased implies that the mistake was on the City side and not the County. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 5 of 6 City Administrator Lerud stated that he does not want to point fingers, but wanted to make it clear to the Council that the mistake was not one that the City made. 2. Timber Lane update City Administrator Lerud stated that staff has been seeking additional bids for the installation of a barrier to block access from the west side of Timber Lane because the initial bid received was very high. He stated that the City has received two additional bids, but noted that the low bid is contingent upon work being done in the spring of 2021 and the higher bid would complete the work this fall. He stated that staff is looking for direction from the Council on the preferred timing of this work. Public Works Director Brown explained that the weather has been mild enough that construction can still happen this fall. Councilmember Siakel stated that she knows that there have been staffing issues within the Public Works department and asked if this project would put a strain on them. Public Works Director Brown stated that the work proposed would be done by a contractor so it does not put a strain on Public Works. He stated that the question is whether the City wants to spend about an extra one-thousand five hundred dollars to get the work completed this fall rather than waiting until the spring. Mayor Zerby stated that he does not have strong feelings about this, but would prefer to wait until next spring. Councilmember Johnson asked if there had been complaints received during the winter months. City Administrator Lerud stated that the complaints he has received have generally been received during the spring and summer. Councilmember Johnson stated that he would prefer to wait until spring and would ask that the adjacent property owners to notified. Councilmember Siakel stated that she feels it may be better to do it now and the difference in price is pretty minimal. She stated that if it is not done now then the City will have to address it again in the spring. Councilmember Johnson stated that he can understand that there are savings to be had by being efficient and would change his opinion to support completing the work this fall. Councilmember Labadie agreed that it may be beneficial to complete this project sooner rather than later. Councilmember Sundberg stated that she is comfortable moving forward with the project this fall. 3. Park Survey Update CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 6 of 6 Planning Director Darling explained that the City is sending out a survey to residents regarding senior and adult park use. She noted that a copy of the draft questions were included in the Council packet. Councilmember Labadie stated that she is excited that this survey is being done. She stated that she has gotten quite a bit of feedback from residents stating that they would like additional amenities for seniors. Councilmember Sundberg asked if the survey results would be published. Planning Director Darling stated that the results will come back to the Parks Commission first and then to the Council, but the survey results could be also included in a future newsletter article. Other City Engineer Budde stated that the work has begun on the Freeman Park drainage improvements near the baseball field and noted that it should be completed by the end of next week. Planning Director Darling thanked the Council for the authorization for the large document printer/scanner/copier. She stated that it has been installed and other than a few tweaks that are still needed it is ready to be used. She stated that having this printer will be especially helpful during the current shut down related to COVID-19. B. Mayor and City Council Councilmember Johnson stated that he and Mayor Zerby are meeting with Excelsior tomorrow as part of the subcommittee to discuss the sewer overcharge situation. He stated that they already had a Zoom call with the mayor and one other councilmember and discussed doing an audit of all the connections to make sure that both sides agree on the number of actual connections. Councilmember Labadie explained that the Excelsior Fire District Board meeting scheduled for November will be postponed until December. Councilmember Sundberg wished everyone a very happy Thanksgiving. 11. ADJOURN Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of November 23, 2020, at 7:42 P.M. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk 2C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 7, 2020 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING Mayor Zerby called the meeting to order at 7:01 P.M. Due to the Centers for Disease Control’s recommendation limiting the number of people present at a meeting, and pursuant to MN Statute 13D.02, the Shorewood City Council meeting was held via electronic means. A. Roll Call Present. Mayor Zerby; Councilmembers Siakel, Labadie, Sundberg and Johnson; Administrator Lerud; Finance Director Rigdon; Planning Director Darling B. Review Agenda Siakel moved, Johnson seconded, approving the agenda. Upon roll call vote, Motion passed 5/0. 2. TRUTH-IN-TAXATION HEARING A. Staff Presentation Finance Director Rigdon walked through the presentation for this public meeting. The Truth-in-Taxation requirements are to present the City’s 2021 General Fund Operating Budget and 2021 property tax levy, discuss the budget and tax levy, and to take public comment. Council will be asked to adopt a property tax levy and balanced budget during its December 14 meeting. The City’s portion of the property taxes pay for a number of services funded out of the General Fund. There are four major main operational areas – administration (including finance, planning and zoning, elections, and other miscellaneous services); public safety (police and fire protection, building inspections); public works; and, parks and recreation. The assumptions used in preparing the 2021 General Fund Operating Budget are as follows. A 2.0 percent tax levy increase over 2020. Communication/Recycling Coordinator increasing from 0.8 to 1.0 FTE Administrative Assistant position increased from 0.5 to 1.0 FTE. Other staffing levels remain the same as 2020. 3.0 percent cost of living increase. Employer contribution toward insurance premiums to increase from $1,180 to $1,230 per month. CITY OF SHOREWOOD SPECIAL MEETING MINUTES December 2, 2019 Page 2 of 3 The City’s 2021 general fund budgeted expenditures are estimated to be $5,579,120. Rigdon said that beginning in 2021, the city will levy directly into funds where transfers from the general fund used to be done. The only remaining transfer from the general fund will be to the Shorewood Community and Event Center. The source of general fund revenues include; breakout of the revenues and transfers is 87 percent from property taxes, four percent from licenses and permits, four percent from miscellaneous revenues, three percent from intergovernmental, one percent from fines and forfeitures, and one percent from charges for services. General fund expenditures include 43 percent for public safety, 28 percent for general government, 22 percent for streets, and seven percent for parks and recreation. The City’s 2021 general fund expenditures are budgeted to increase 3.3% from 2020. Reserves of $193,482 are budgeted to balance the 2021 General Fund budget, as compared to $56,385 budgeted use of reserves for 2020. The reason for the larger increase in use of reserves is the city receiving $579,593 in CARES funding related to COVID-19. The property tax assessment and levy timeline for property taxes payable in 2020 was as follows. The market values were established on January 2, 2020. Valuation notices were sent out in March 2020. The Board of Review process to hear appeals on property values took place during April 2020. Council discussed the 2021 General Fund Budget and property tax levy from July through September 2020. The City certified its maximum tax levy increase of 2.0 percent for 2021 to Hennepin County in September 2020. The County mailed out Truth-in-Taxation notices to property owners in November 2020. The Truth-in-Taxation hearing is being held on December 7, 2020. The City will certify its final tax levy to the County by the end of 2020. Rigdon clarified that this presentation is about the City of Shorewood’s portion of the total tax bill is approximately 29 cents of every dollar paid by residents. The remaining goes to the county school district, and other jurisdictions. He highlighted some trend graphs. The taxable market value payable in 2021 will be $1,941,634,635. Tax capacity, a derivation of market value that is calculated by applying a class rate to the market value of a property, with the resulting number is used in calculating tax rates and tax dollars to the property owners will be $21,711,140 for 2021. The increase in tax capacity over the last several years has led to a decrease in the city’s tax rate over the past four years, with the 2021 tax rate estimated to be 27.648 percent, compared with 29.008 percent for 2020. Rigdon reviewed a property tax impact example for a $600,000 residential property indicating a general decrease, even if the value of the property increased by 3.6 percent. Rigdon also discussed the Capital Improvement Plan. He said this is not something that is required by law, but a plan that the city has annually put together for many years. He said the plan was previously discussed and it includes expenditures in parks, equipment, streets and utilities, along with identified financing sources. Rigdon noted Council will be asked to adopt the 2021 General Fund Budget and property tax levy during its December 14, 2020 meeting. Council will also be asked to approve the 2021 Shorewood Community and Event Center, Enterprise Fund Budgets, along with the 2021 Capital Improvement Program. B. Public Comment Mayor Zerby opened the public comment portion of the hearing at 7:20 P.M. CITY OF SHOREWOOD SPECIAL MEETING MINUTES December 2, 2019 Page 3 of 3 Guy Sanschagrin, 27725 Island View Drive, asked what the status was of the city’s balance sheet. Finance Director Rigdon said the balance sheet is cash heavy right now due to bond funds received but not expended, and the city recently receiving the second half of the property tax payments. He said that there are no significant receivables, and payables are current. Sanschagrin asked about the city’s ability to pay for the planned projects. Rigdon replied that the city has adequate reserves to meet the current and future needs. He said the city has a conservative reserve policy that sets a goal of having 60 percent of next year’s budgeted expenditures. Petra Cripe, 450 West Lake Street, said she made a pledge to come to every council meeting until the fence is constructed between her property and the dredging company. Mayor Zerby said there is no public forum tonight except for the budget, but the city council has been receiving updates on the progress of the fence. Councilmember Siakel said she appreciated the detail of the presentation. With no further comments, Mayor Zerby closed the public comment period at 7:26 P.M. 3. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Special Meeting of December 7, 2020, at 7:27 P.M. Upon roll call vote, Motion passed 5/0. ___________________________ Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk #2 D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Verified Claims Meeting Date: December 14, 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. 66561 - 6658 & ACH Total Claims $ We have also included a payroll summary for the payroll period ending December 6, 2020. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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J6&?@,;6!,58 9:,S3%J6&?@,6;,G31= !,6;,58 9: !"#$%&!/#-56173& !,58 9:,#!66;,<$ &,=4 City of Shorewood Council Meeting Item 2E Title/Subject: Non-Union Wage Adjustments for 2021 Meeting Date: December 14, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Reviewed By: Joe Rigdon, Finance Director Attachments: 2021 salary calculations and 2021 salary budget estimate Financial or Budget Considerations: The city continues to operate on the salary schedule adopted in 2018 and reflects a 3% increase over 2020. The contract with the public works union calls for a scale increase of 3.0% for 2021. Staff recommends approving the same increase of 3.0% as shown on the table. The total estimated salary cost for 2021 is budgeted to be $1,844,793, which includes increasing the Communications/Recycling Coordinator and one Administrative Assistant position to full-time position. In addition, the budget includes an increase of $50 per month per employee toward insurance premiums. You will notice that there are positions that are at max rate. Those positions will receive the three percent increase, but there are no additional steps in that pay range. The city is very fortunate to have the quality of people that it does on its staff – it is an outstanding group. Recommended Action: It is recommended to approve the salary adjustments as included with this memo by simple motion and majority vote. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 2021 Non-Union Compensation Proposal for Full-time Employee Salary Schedule 2020 2021 Position Grade/Step Proposed Director of Public Works 18/Max 18/Max Deputy City Clerk 10/D 10/E Communications/Recycling 10/F 10/Max Coordinator Sr. Acct. 10/Max 10/Max Planning Technician 10/B 10/C SCEC Dir./Park & Rec Coor. 10/F 10/Max Planning Director 16/F 16/Max City Clerk/HR Director 13/Max 13/Max Bldg. Official 12/F 12/Max Street Inspector 12/B 12/C Admin. Asst.(1) 3/D 3/E Admin. Asst. (2) 3/C 3/D Lead Supervisor – PW 11/F 11/Max Finance Director 17/Max 17/Max City Administrator 19/D 19/E City of Shorewood Council Meeting Item 2F Title/Subject: Approve 2021 AFSCME Contract Reopener Meeting Date: December 14, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Reviewed By: Joe Rigdon, Finance Director Attachments: Proposed Memorandum of Understanding Background: The current contract with AFSCME and the public works union provides for a reopener each year to determine the city’s contribution to insurance premiums. The proposed language for this reopener calls for the same monthly contribution - $1,230 as non-union employees, which is a $50 increase per month per employee. This is the final year of the three year contract and during the course of the year we will negotiate for a new contract with the intention of having that contract for council consideration before the end of the year. Financial or Budget Considerations: This contribution level is included in the proposed 2021 budget. Recommended Action: Staff recommends approving the attached Memorandum of Understanding as presented. A simple majority is all that is required for passage. 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 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SHOREWOOD AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPLE EMPLOYEES (AFSCME) COUNCIL 5, LOCAL 224. M.O.A. ARTICLE 20 - INSURANCE The purpose of this Memorandum of Agreement (MOA) is to memorialize the agreement between the City of Shorewood (the EMPLOYER) and the American Federation of State, County and Municipal Employees (AFSCME), concerning the change in EMPLOYER contribution towards group health, dental, life insurance, long and short term disability insurance for calendar year 2021. Starting January 1, 2021 Article 20, section 3 will be amended as follows. Section 3: Contribution Amounts. a. In 2021 the Employer shall provide up to $1180 $1230 per month to regular full-time employees for coverage stated in Section 1 above. An employee who elects coverage under the Health Savings Account that, combined with other benefits, results in a total cost that is less than the contribution level, shall have the balance applied toward their Health Savings Account up to a maximum of $2,500 for the year, or $208 per month. This amount shall be deposited into the members HSA account at the start of the New Year. Regular part-time employees working more than 20 hours per week shall be entitled to pro-rated contribution. For the City of Shorewood For AFSCME Council 5, Local 224 _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ City of Shorewood Council Meeting Item 2G Title/Subject: Resolution Setting 2021 Regular Meeting Schedule Meeting Date: Monday, December 14, 2020 MEETING Prepared by: Sandie Thone, City Clerk/HR Director TYPE Regular Meeting Reviewed by: Greg Lerud, City Administrator Attachments: Resolution and Schedule of Meetings Policy Consideration: Pursuant to Minnesota State Statute §13D.04 the city council is required to provide the regular meeting schedule on file at city offices. In addition, the statute specifically requires that should an alternate date be chosen for a regular meeting other than one on the annual schedule, that the city follow the notification requirements for a special meeting which includes posting the date, time, place and purpose of the meeting on the official posting board at City Hall. Background: Regular city council meetings which could include council work sessions prior to the regular meeting for the year 2021 will be held on the second and fourth Mondays of each month in the City Council Chambers located at 5755 Country Club Road in Shorewood, MN or via electronic format as allowed. Should the meeting fall on a holiday and an alternate date is chosen for the meeting in lieu of opting out of the meeting date, the process and requirements for calling a special meeting will be followed. I have included a Schedule of the proposed 2021 regular meetings. One regular meeting falls on a Federal Holiday: Columbus Day. Pursuant to Minnesota State Statute 645.44, Subdivision 5, no public business may be transacted including public meetings on a Federal Holiday, with the exception of emergencies. Please note on the schedule that I have moved the regularly scheduled city council meeting that land on a Federal Holiday to the following Tuesday as has been the practice the past three years. I have included the Truth-In-Taxation meeting the first Monday in December as well to the 2021 Schedule. Action Requested: Staff respectfully recommends the city council approve the Resolution Setting the 2021 Regular City Council Meeting Schedule. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-124 A RESOLUTION SETTING THE 2021 REGULAR CITY COUNCIL MEETING SCHEDULE FOR THE CITY OF SHOREWOOD WHEREAS, Minnesota Statute §13D.04, Subdivision 1 requires a schedule of the regular meetings of the City Council be kept on file at its primary offices; and WHEREAS, Minnesota Statute §13D.04, Subdivision 2 requires that should a Regular City Council meeting fall on a holiday and an alternate date must be scheduled, the City Council will give sufficient notice as regulated in the special meeting statute by posting a written notice on the principle bulletin board of the public body of the date, time, place, and purpose of the meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: For the Year 2021, the Regular City Council meetings which could include council work sessions prior to the regular city council meeting will be scheduled on the 2nd and 4th Mondays of each month and shall be held in the Council Chambers of the Shorewood City Hall located at 5755 Country Club Road, Shorewood, MN or an alternate electronic meeting as allowed. In the event that a Federal Holiday falls on a Monday the Regular City Council meeting will be held on the following Tuesday. The annual Truth in Taxation meeting has been set for the first Monday in December. Any changes or alterations to this schedule will require notice and posting of an alternate date for the meeting. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of December 2020. __________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk 2021 City of Shorewood City Council Regular Meeting Schedule Monday, January 11 Monday, January 25 Monday, February 8 Monday, February 22 Monday, March 8 Monday, March 22 Monday, April 12 Monday, April 26 Monday, May 10 Monday, May 24 Monday, June 14 Monday, June 28 Monday, July 12 Monday, July 26 Monday, August 9 Monday, August 23 Monday, September 13 Monday, September 27 Tuesday, October 12* Monday, October 25 Monday, November 8 Monday, November 22 Monday, December 6 (Truth in Taxation) Monday, December 13 Monday, December 27 *changed from Monday to Tuesday to accommodate Federal Holiday 2H MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: City Master Fee Schedule Annual Review Meeting Date: Monday, December 14, 2020 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Greg Lerud, City Administrator Marie Darling, Planning Director Attachments: Resolution 20-XX Ordinance 576 Proposed 2021 City Master Fee Schedule Policy Consideration: Pursuant to MN State Law municipalities shall set forth fees to be reimbursed for administrative costs and expenses associated with issuing permits, licenses and providing other city services and amenities. Cities should consider three things when setting fees: 1) Cities should not view the fees as a significant source of revenue, rather fees must approximate the direct and indirect costs associated with issuing the license, permit or service and with policing, regulating or administering the service or licensed activities; 2) The fee amount should sufficiently reimburse the city for all of the expenses related to the license regulations or providing the service but should not cover other unrelated expenses; 3) Fees should be set based on the city’s particular situation and not based solely on what other cities have found reasonable. Background: The attached proposed 2021 City Master Fee Schedule incorporates the proposed fee schedule amendments as recommended by staff who have reviewed their departmental fees to approximate the direct and indirect costs associated with the services provided. A discussion of new and increased fees is as follows. The building permit fee increases are for over-the-counter issued permits for residential roofing/windows/siding/door permits and are increasing from $75 to $125 per permit. Whether the city issues one window or door or three of each, these permits still require two inspections per permit, plus the City has the cost of administering the permit and as a result of a local survey of other city’s fee it was revealed that this fee was well in-line with other municipalities. In a review and audit of expenses to revenues, the permit revenues appeared to pay for the expenses, or were very close. One of the new reports the city is required to submit annually is for state required monitoring of expenses and revenues to make sure that the city is not collecting more than is needed to support the planning/protective inspections/administrative staff in issuing these permits. If needed we can re-evaluate permit costs in the coming years to ensure we continue to cover the costs of issuing the permits but do not exceed them. 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 The Tree Preservation fees are covered in City Code Section 1103 but were never included in the City Master Fee Schedule. This $400 fee is for providing funds for planting trees on City Property in lieu of planting on private property. The fee for Wetland Buffer Monuments is covered as well in section 1102.06 subd. 2 of the Shorewood City Code but not included in the City’s fee schedule and includes a fee of $44.00 per marker plus tax. Copies larger than 11 by 17 inches were not included in the schedule but are much more likely with the City’s increased abilities with the new printer/scanner and have been set at $3 per page for black and white, $4 per page for color plus tax which will cover the administrative costs of the copies. In addition, an omission was noted in the schedule and a fee for color copies larger than 8-1/2x11 but less than 11x17 was included as well at $2 per page. Minor Subdivision (amendment to Zoning Code 1302) as laid out in Ordinance 576 was updated to include an Escrow Fee of $1,000 versus the $500 previously charged that was determined to be insufficient. Please reference the proposed fee amendments on the schedule below: TYPE OF FEE CURRENT FEE PROPOSED FEE Residential Roofing Permit $75 $125 Residential Siding Permit $75 $125 Residential Window/Door Permit $75 $125 Minor Subdivision Escrow (Ord. 576) $500 $1000 Tree Preservation New $400 per tree Wetland Buffer Monuments New $44 per monument plus tax Copies New $2 Color >8-1/2x11 $3 B&W >11x17 $4 Color >11x17 Financial or Budget Considerations: The city fees cover the cost of providing the services as delineated in the City Master Fee Schedule. Recommendation/Action Requested: 1) Staff respectfully recommends the city council approve the resolution and ordinance adopting the 2021 Master Fee Schedule as proposed or make the appropriate changes as deemed necessary. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-125 2021 CITY MASTER FEE SCHEDULE WHEREAS, the City of Shorewood and its activities as a municipality requires setting forth fees and charges to reimburse the city for administrative and other expenses related to the issuing of permits, licenses and other services; and WHEREAS, the City of Shorewood must maintain a relevant schedule of fees and regularly audit their effectiveness; and WHEREAS, the City of Shorewood has established fees for licensing, permits, programs, and services that include but are not limited to building, zoning, planning, business, community center, animal, park and recreation, rentals, solicitors, fire prevention, utility, franchise, administrative citations, and other miscellaneous fees that further the health, safety and welfare of the community at large; and WHEREAS, all fees and charges shall be fixed and determined by the council and set forth in the master fee schedule which will be adopted by resolution and uniformly enforced; and WHEREAS, all fees have been reviewed and audited for their effectiveness and the following fees have been amended as follows: TYPE OF FEE CURRENT FEE PROPOSED FEE Residential Roofing Permit $75 $125 Residential Siding Permit $75 $125 Residential Window/Door Permit $75 $125 Minor Subdivision Escrow (Ord. 576) $500 $1000 Tree Preservation New $400 per tree Wetland Buffer Monuments New $44 per monument plus tax Copies New $2 Color >8-1/2x11 $3 B&W >11x17 $4 Color >11x17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood the 2021 City Master Fee Schedule for the City of Shorewood is adopted. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 14th day of December 2021. _______________________________ Scott Zerby, Mayor ATTEST: _________________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE 576 AN ORDINANCE AN ORDINANCE APPROVING AN AMENDMENT TO SECTION 1300.03 OF SHOREWOOD CITY CODE TITLED “LAND USE FEES” Section 1: Shorewood City Code Section 1300.03 is hereby amended as follows: 1201.03 LAND USE FEES LICENSE, PERMIT, SERIVCE CHARGES AND MISCELLANEOUS FEES TYPE OF Charge/Fee City Code Reference Charge/Fee Subdivision (minor subdivision) 1202.03 $500 plus $1,000 escrow Section 2: This ordinance is effective January 1, 2020 and upon publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota on the 14th day of December, 2020. ATTEST: Scott Zerby, Mayor _____________________________ Sandie Thone, City Clerk 5755 Country Club Road * Shorewood, MN * 55331 2021 952.960.7900/www.ci.shorewood.mn.us City of Shorewood MASTER FEE SCHEDULE City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 Introduction In May of 2017 the Shorewood City Council approved an amendment to Chapter 1300: Municipal Fees of the Shorewood City Code removing the actual fees from the Code, with the exception of Land Use Fees, and replacing it with referencing the Master Fee Schedule which will establish fees by Council resolution. Land Use Fees are required pursuant to MN State statutes to be amended and established by ordinance in communities that collect in excess of $5,000 in said fees on an annual basis. Previous and future resolutions and ordinances amending or establishing new fees will be collated into the Master Fee Schedule as necessary and prudent. These updates are set forth by Council resolution (and ordinance in the case of land use fees) and incorporated into the Master Fee Schedule upon adoption of the proposed established fees. This provides a cost-effective and expedient process for reviewing fees for relevance and providing annual updates to the schedule of city fees and a user-friendly document for public use. A copy of the Master Fee Schedule is available on the city website at www.ci.shorewood.mn.us or at city offices located at 5755 Country Club Road in Shorewood, MN 55331. To obtain an electronic copy please email cityofshorewood@gmail.com. 2 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 TABLE OF CONTENTS SECTION I: License and Permit Service Fees 4-6 SECTION II: Liquor License Fees and Charges 7 SECTION III: Utility Rates; Sewer, Water, Stormwater, Recycling 8-9 SECTION IV: Miscellaneous Fees and Charges 10-11 SECTION V: Park and Recreation Fees 12 SECTION VI: Building and Right of Way Fees 13-14 SECTION VII: Zoning and Land Use Fees (Ordinance) 15-16 SECTION VIII: Shorewood Community and Event Center 17-18 3 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. License and Permit Service Fees Administrative Enforcement 104.03 Class A Offenses: $300 Violations of Public Health Regulations (Chapters 501-503, except those violations which are also Zoning Code Violations) Class B Offenses: $300 Violations of Rental Housing Regulations (Chapter 1004) Subsequent Class B Violations $1,000 Class C Offenses: $300 Violations of Building Regulations (Chapters 1001-1003 and 1005) Violations of Wetland Regulations (Chapter 1102) Violations of Tree Preservation Regulations (Chapter 1103) Violations of Zoning Regulations (Chapter 1201) Subsequent Class A & C Violations: 2nd citation within 24 months: 25% increase over scheduled civil penalty 3rd citation within 24 months: 50% increase over scheduled civil penalty 4th citation within 24 months: 100% increase over scheduled civil penalty Administrative Enforcement 104.03 $200 Appeal 4 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. License and Permit Service Fees Adult use license 309 Investigative fee $500 Adult use facility license $1,675 + $50/video booth or stall Animal impound fees 701.08.4 $25 first offense of year, $50 thereafter Daily boarding fee $25 Additional services when $95 inoculation required $35 bath Commercial lawn fertilizer 310.03.2d $30 application license (annual) Dock - Boat docks and boat 304.05 $35 storage facility license Dock - Multiple dock facility 1201.24, Subd. $2 per slip/per year license 10 Dog licenses, per animal 701.03.2 $10/$5 license late fee Domestic partnership registry 110.06 $25 Registration $25 Amendment $25 Termination certificate, $2 certified Farm and other animals 704.09 $50 Fire alarm permits 601.06.1 $200 2nd false alarm and thereafter Fire (recreational fire permit) 501.03 No charge Fireworks dealer license/permit $100 per site/per year Gambling permit - exempt 301.09.3 $25 Gambling premises permit - new 301.08.4 $100 investigation fee Horse permit 702.04 $25 Kennel license 701.04.2 $25/initial license $10/renewal license Police alarm permits 601.06.1 $100 3rd false alarm and thereafter 5 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 System contractor license $1,000 bond Therapeutic massage annual $100 business license Tobacco retailer license 302 $250/premise Tobacco administrative fines: Tobacco licensees in violation $75/first offense $200/second offense in 24-month period $250/thereafter within 24-month period Individuals in tobacco violation $50 per offense 6 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 II. Liquor License Fees and Liquor Violation Fines Type of Charge/Fee City Code Charge/Fee Reference Intoxicating liquor license - on-sale 401.06.1 $7,500 Wine license - on-sale 401.06.1 $1,000 Intoxicating liquor - off-sale 401.06.1 $310 Liquor special club license 401.06.1 $250 Special Sunday license 401.06.1 $200 3.2% malt/liquor license - on-sale 401.06.2 $300 3.2% malt liquor license - off-sale 401.06.2 $50 3.2% malt liquor or intoxicating liquor Temporary license 401.06.2 $25 Extended Sales (2:00 a.m.) liquor license (in addition to State required fee) for On- Sale Intoxicating and Malt Liquor 401.05 $100 Establishments Liquor license investigation fee -New license 401.06.1 $500 Liquor license investigation fee - Renewal 401.06.1 $250 with change in managers/owners/like Liquor licensees’ in violation 40121 $500/first offense $1,000/second offense in 24 months $1,500/third offense in 24 months $2,000/fourth offense in 24 months 7 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 III. Utility Rates Sewer Type of Charge/Fee City Code Charge/Fee Reference Sewer connection permit 904.07.1 $150 Sanitary Sewer Service 904.15.1a Residential: Sewer Only per quarter $86.76 Low Income Sewer per quarter $57.84 Commercial: Base Charge $9.81 1-28,500 gallons per quarter $86.76 1,000 gallons in excess of 28,500 gallons $2.26 per quarter Sanitary sewer surcharge 904.09.5 $100/month Local sewer availability charge 904.18.3 $1,200 Water Type of Charge/Fee City Code Charge/Fee Reference Water connection permit 903.03.1a Inside $50 Outside $60 Watering restriction violation 903.12 $50 first violation $25 increase each succeeding violation (e.g. 2nd violation $75, 3rd violation $100, and the like) Water meter 903.04.1 5/8"x3/4"meter w/swivels Cost plus 10% 5/8" x 3/4" copperhorn Cost plus 10% 1" meter includes swivel Cost plus 10% 1" copperhorn Cost plus 10% 1" pressure-reducing valve Cost plus 10% 8 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 1 1/2" meter (with flanges) Cost plus 10% 2" meter (with flanges) Cost plus 10% 1 1/2" pressure-reducing valve Cost plus 10% 2" pressure-reducing valve Cost plus 10% Meter test 903.08.4 $80 903.09.1a Water service $20.18 st 1 5,000 gallons $3.41 Per 1,000 gallons in excess of 5,000 and up to 50,000 gallons $4.90 Per 1,000 gallons in excess of 50,000 gallons per quarter Water service - low income per quarter 903.09.1a (1) $17.32 minimum Water turn-on and shut-off fee 903.04 $50 Water connection fee 903.03.3 $10,000 Single-family residential See chart/formula in 903.04subd 3a Multi-family residential, Commercial See chart/formula in 903.04subd 3a Schools, churches, government and other non-residential Stormwater Management Type of Charge/Fee City Code Charge/Fee Reference Stormwater Management Utility 905.03 Basic System Rate $29.60 Lots less than 10,000 s/f per quarter $20.73 Lots 10,000-50,000 s/f per quarter $29.60 Lots 50,000 plus s/f per quarter $38.53 Recycling Type of Charge/Fee City Code Charge/Fee Reference Residential recycling fee $14/quarter/household 9 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 IV. Miscellaneous Fees and Charges Type of Charge/Fee City Code Charge/Fee Reference Special assessment search $25 Mailed minutes (nonresident) $75.00 annual $.25/page/individual Mailed agendas $35 annual $.25/page/individual Copies (B&W) $.25/page/single side 8.5 x 11 @ $.50/page/single side > 8.5x11 $3/page/single side > 11x17 Color copies $1/page/single side $2/page/single side > 8.5x11 $4/page/single side > 11x17 Mailing labels (All city residents) $65 all residents on mailing labels Aerial topography: Mylar copy $16/acre plus $5/mylar Electronic $50/megabyte of data City Code book: $75 CD Rom $25 Updates $25/year City Zoning Code $.25 per page plus binding costs Assessment Certification Fee 903.10.3(e) $50 Comprehensive Plan (softbound color Cost of production copy) City Subdivision Ordinance (softbound $.25 per page plus binding costs copy) Election Candidate filing fee $2 Transient business, 308.08 peddling/soliciting $50/applicant Sand barrel/sand charge $40 barrel and sand/$30 sand only *Rental Housing Licenses (3-year period) Appeal filing fee $100 *License application fee, per rental dwelling in building with one to five units $75 (includes two inspections per unit) 1004.06.6 10 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 *License application fee, per rental 1004.03(3) $400 plus $10 per rental unit up to $750 maximum dwelling in building with six or more rental (Res.17-089) units (includes up to two inspections per unit) Additional inspections as necessary 1004.03(3) $75/inspection (Res.17-089) Rental license application fee for buildings 1004.03(3) with six (6) or more units constructed (Res.20-022) within one year from date of application shall be base license fee excluding $10 per 1004.03(3) rental unit fee. (Res.17-089) Tree Preservation – Providing funds for 1103 $400 per tree planting trees on City Property Wetland Buffer Monuments 1102.06 $44 per marker + tax Subd.2 Return check fee $25 Plans and specifications, paper copy $35 Plans and specifications, CD copy $25 Franchise Fees: These monthly fees are Ordinance collected by the respective utility and 559 and 560 remitted to the City on a quarterly basis. Adopted 6/25/2018 Natural Gas Franchise Fee: $4.00 Residential $4.00 Com-A $4.00 SVDF-A $4.00 SVDF-B $4.00 LG (Dual Fuel or Firm) $10.00 Com/Ind-B $25.00 Com/Ind-C Electric Franchise Fee: $4.00 Residential $8.00 Small C & I Non-Demand $10.00 Small C & I Demand $25.00 Large C & I 11 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 V. Park and Recreation Type of Charge/Fee City Code Charge/Fee Reference Park and recreation use fees 902.06.3 Organized sports participant $10/per participant, per sport, per Skating rinks (per rink) season Lights $15/hour Tournaments, per rink $30/day plus attendant salary 505.02.4 Special Event Registration and Permit $50/day for events on public property with 75 or more attendees/participants. Community Gardens Resident & Non-Resident Fees $30/Resident $45/Non-Resident Soccer/Football/Baseball/Softball Fields (per field) $125/flat fee Damage deposit, all fields $50/hour or $210/day Football Field, unlighted $30/hour Lights $50/day Diamond field (baseball) $150/day Entire soccer area, unlighted $5/court/hour Tennis Courts Picnic Pavilions Resident & Non-Resident Fees Manor/Freeman/Silverwood $25 + tax /Resident $50 + tax/Non-Resident Eddy Station/Badger Park $50 + tax /Resident $75 + tax/Non-Resident 12 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 VI. Building and Right of Way Fees Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer and attorney expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Building permit 1001.03 1997 U.B.C. SECTION 107 1997 U.B.C. TABLE 1-A AND STATE RULE 1300.0160 Reinspection fee (Res. 20-022) $75 Residential Roofing permit $125 Siding permit S.B.C. $125 Window permit S.B.C. $125 Mechanical permit State Statute or 2.5% of value, $35 S.B.C. minimum Plumbing permit State Statute or $15/fixture, $35 minimum Removal or abandonment, U.F.C. $35 first tank plus $20 each underground tanks additional Demolition permit S.B.C. $50 (Fee waived when done in conjunction with a building permit or burned by the fire department) Sign permit application fee 1201.03.11f $20 (Temporary) Per 1997 U.B.C. Table 1-A for permanent Fence permit 1201.03.2f $20 Grading/filling permit S.B.C. Per 1997 U.B.C. Table A-33-A and A-33-B 13 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 R.O.W Administrative Charge 901.11 Subd. 5 $200 (in addition to actual costs) R.O.W. Annual 901.06 Subd.1 $400 Registration Fee R.O.W. Encroachment 901.01.2a $40 Permit R.O.W. or Public Ground Excavation 901.08 Subd. 2 $200 Permit Directional Drilling or Boring 901.08 Subd. 2 $45 per 100 L. Ft. (in addition to permit fee) 901.08 Subd. 2 Open Trenching $60 per 100 L. Ft. (in addition to permit fee) 901.08 Subd. 2 Obstruction Permit $20 Small Wireless Facility (per site) 901.08 Subd. 2 $150 (in addition to actual costs) Security/Damage Deposit (non-utility) 901.08 Subd. 6 Varies Pole/Pole Attachment 901.08 Subd. 2 $20 Underground Sprinkler/Irrigation 901.01.2d $20 System Permit 14 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 VII. Zoning and Land Use Fees (Ordinance) LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee Comprehensive plan amendment Pre-application $200 Formal Application $800 plus $1,000 escrow 1201.04 Conditional use permit $400 Residential $500 plus $1,000 escrow Non-residential Fence permit 1201.03 $20 Interim use permit 1201.04 Residential $400 Non-residential $500 plus $1,000 escrow Planned unit development Concept Stage 1201.25 $500 plus $1,000 escrow Development Stage 1201.25 $700 plus $1,000 escrow Final Stage 1201.25 $500 plus $1,000 escrow By Conditional Use Permit 1201.06 $500 plus $1,000 escrow Sign permits 1201.03.11f Temporary $20 Permanent Per 1997 U.B.C. Table 1-A Site plan review 1201.03 $200 plus $1,000 escrow Subdivision sketch plan review 1202.03 $200 Subdivision (minor subdivision) 1202.03 (Ord. 576) $500 plus $1000 escrow Subdivision (preliminary plat) 1202.03 $600 plus $25/lot plus an escrow deposit, as follows: 5 or fewer lots $1,000 Over 5 lots $3,000 Subdivision (final plat) 1202.03 $500 plus $25/lot plus an escrow deposit, as follows: 15 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 VII. Zoning and Land Use Fees (Ordinance) LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee 5 or fewer lots $1,000 Over 5 lots $2,000 Traffic Studies when required as part of Multiple Escrow for estimated cost of another application study to be completed by the City’s consulting engineers plus $500. Vacation or Easement $400 Variances 1201.05 and $400 Residential 1202.09 Non-residential $500 Zoning Amendment (Text or Map) 1201.04 $600 plus $1,000 escrow Zoning Permits 1201.07 $20 Zoning Verification Letter 1200 $50 Park dedication (cash in lieu of land) 1202.07 $6,500/dwelling unit or 8% of raw land value Extension of deadline for recording 1202.03 $200 resolutions Extension of plat approval 1202.03 $200 *Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer, attorney, and other consultant expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Applications with more than one required escrow account shall be required to submit the escrow based on the highest required escrow amount. 16 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 SHOREWOOD COMMUNITY AND EVENT CENTER Local Non-Profits will be charged 50 percent of the Resident Rates All Rates: Based on a 2 (two) hour Minimum rental. Over four-hour rental subject to the daily block rate. All Room and Kitchen rentals are subject to availability. Rate schedule subject to change. BANQUET ROOM CAPACITY: Shorewood 175 - ROUND TABLES Regular Resident Rates 200 - THEATRE STYLE Rates (reflects 20% Non- Time of Day Hours discount) Day of Week Resident Friday or Saturday Evening 4:00 PM to 12:00 Midnight 8.0 $590 $472 Saturday Daytime per hour 9:00 AM to 4:00 PM 7.0 $55/hour $44hour Saturday > 4-hour day block $328 $262 Sunday per hour 9:00 AM to 11:00 PM 9.0 $50/hour $40/hour Sunday > 4-hour daily block $425 $340 Monday-Friday Day per hour 9:00 AM to 4:00 PM 7.0 $40/hour $32/hour Mon-Fri > 4-hour daily block $275 $220 Mon-Thurs Eve per hour 4:00 PM to 12:00 Midnight 8.0 $45/hour $36/hour Mon-Thurs > 4-hour block $280 $224 Damage Deposit $200 $200 Custodial Fee/ Events > 50 $100 $100 51 to 200 People $200 $200 ACTIVITY ROOM Non-Resident Rates CAPACITY: 60 Time of Day Resident (reflects 20% Day of Week Hours Rates discount) Friday or Saturday Evening 4:00 PM to 12:00 Midnight 8.0 $42/hour $34/hour Fri/Sat Eve >4-hour block $245 $196 Saturday Daytime per hour 9:00 AM to 4:00 PM 7.0 $35/hour $28/hour Saturday > 4-hour block $160 $128 Sunday per hour 9:00 AM to 11:00 PM 9.0 $36/hour $28/hour Sunday > 4-hour block $216 $173 Monday-Friday Day per hour 9:00 AM to 4:00 PM 7.0 $36/hour $28/hour Mon-Fri > 4-hour daily block $160 $128 Mon-Thurs Eve. per hour 4:00 PM to 12:00 Midnight 8.0 $36hour $28/hour Mon-Thurs > 4-hour block $150 $120 Custodial Fee $50 $50 CONFERENCE ROOM Non-Resident Rates CAPACITY: 25 Resident (reflects 20% Time of Day Hours Day of Week Rates discount) Daily Block >4 up to 7 hours 9:00 Am to 4:00 PM 7.0 $150 $120 Monday-Friday All hourly slots 2-hr/min $30/hour $24/hour Custodial Fee $20 $20 17 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2021 12/14/2020 COMMERCIAL KITCHEN Security Day of Week Rental Fee Storage Deposit Fee Daily $30/hour up to 4 hours $50 Month $200 $175 for 4 to 8 hours for one Over 8 hours add $30/hour rental area/$25 per add’l space SHOREWOOD COMMUNITY AND EVENT CENTER EXTRAS Linens, Dinnerware, Flatware, Glassware Available as follows: Linens (specify long or medium length): Rounds @ 8.00 ea. Rectangles @ 8.00 ea. Dinnerware place settings (4 pc): (dinner plate, dessert/salad plates, cup/saucer) $2.00 per place setting $0.45 per additional piece Flatware place settings (4 pc): dinner knife, dinner fork, salad fork, teaspoon $1.50 per place setting $0.35 per additional piece Glassware (1 pc) settings: (water glass, wine glass) $0.50 ea. Compostable Dinnerware is available – Please contact event center staff on for pricing Coffee Pots: 36 cup @ $10.00 32 oz. Thermos Carafe @ $2.00 ea. Additional fees and/or damage deposits may be required for unique set-up or decoration requests 18 2I MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Accept Final Improvements and Authorize Final Payment for Public Works Roof Replacement Project, City Project 19-06 Meeting Date: December 14, 2020 Prepared by: Larry Brown, Director of Public Works Attachments Final Pay Voucher, Resolution Policy Consideration:None th Background:OnMay 11, 2020,the City Council awarded the contract for the Public Works Roof Replacement Project to Peterson Bros Roofing for an original contract amount of $184,860.00. The subject project has been completed with the final construction cost for the project, with change orders, amounting to $174,355.63. The final pay voucher has been included as Attachment 1. Financial or Budget Considerations: The 2020 Capital Improvement Program has allocated $260,000 for the project. Therefore, the project has been completed well within the budgeted amount. Options 1. Approve the resolution accepting City Project 19-06 and Authorizing Final Payment. 2. Provide staff alternative direction. Recommendation / Action Requested: Staff recommends approval of the Resolution that accepts the final improvements and authorizes final payment to Peterson Bros Roofing. Connection to Vision / Mission: Maintaining quality infrastructure directly impacts the quality of public services. 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 RESOLUTIONS 20-126 A RESOLUTION ACCEPTING IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT FOR THE PUBLIC WORKS ROOF REPLACEMENT PROJECT CITY PROJECT 19-06 WHEREAS, the City of Shorewood Council awarded the contract for the Public Works Roof Replacement Project to Peterson Bros Roofing on May 11th, 2020; and WHEREAS, the Contractor has completed the project work and has requested City acceptance of the project and final payment for the work performed and documented to date; and, WHEREAS, the Director of Public Works has made final inspection of the project and recommends acceptance and final payment be made by the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: The City hereby accepts the work completed pursuant to said contract and authorizes final payment to the Contractor, and all warranties shall commence as of the date of completion, August 24, 2020. th Passed by the City Council of Shorewood, Minnesota this 14 day of December 2020 Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title / Subject: Resolution Accepting Bolton & Menk Donation to 2J Arctic Fever Event Meeting Date: Monday, December 14, 2020 MEETING TYPE Prepared by: Twila Grout, Park and Recreation Director Regular Meeting Reviewed by: Sandie Thone, City Clerk/Human Resources Director Attachments: Resolution Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and §471.17 all donations or gifts of real and personal property, including donations for the benefit of public recreational services, must be accepted by the city council. Background: The following persons or entities have offered to contribute the cash amounts set forth below, for the purpose of the 2021 Arctic Fever Event being held on January 16, 2021: Name of Donor Amount Bolton & Menk $1,500.00 Financial Considerations: This donation will help to cover expenses incurred for the 2021 Arctic Fever Event. Action Requested: Staff respectfully recommends the city council approve the Resolution Accepting Donations as Delineated in the Resolution to the 2021 Arctic Fever Event and direct staff to send a thank you note to all donors. Motion, second and two-thirds majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RESOLUTION 20-127 A RESOLUTION ACCEPTING DONATIONS TO THE CITY OF SHOREWOOD 2021 ARCTIC FEVER EVENT WHEREAS, the City of Shorewood is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of their public recreational services pursuant to Minnesota Statutes section 471.17; and WHEREAS, the following persons and entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Bolton & Menk $1,500.00 WHEREAS, the terms or conditions of the donations are to be used for the 2021 Arctic Fever Event; and WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The donations described above are accepted and shall be used to establish and/or operate services either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donor’s donation. Passed by the City Council of Shorewood, Minnesota this 14th day of December, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk OSACARES AuditAuditReportingCompliance YearFeesFormTestingTotalIncrease 2015$27,359$660$0$28,019 2016$28,112$680$0$28,7922.8% 2017$29,200$710$0$29,9103.9% 2018$29,750$750$0$30,5002.0% 2019$30,400$775$0$31,1752.2% 2020 Proposed$30,700$800$1,000$32,5004.3% #2K MEETING TYPE Regular City of Shorewood Council Meeting Item Title / Subject: 2020 Audit Engagement Letter Meeting Date: December 14, 2020 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachments: 2020 Audit Engagement Letter Policy Consideration: For Minnesota cities with over 2,500 in population, an annual financial statements audit in accordance with generally accepted accounting principles is required. Background: The attached 2020 proposed audit engagement letter from Abdo, Eick & Meyers LLP (AEM) details the audit objective, audit procedures, management responsibilities, and engagement-related administration, fees and other. The chart below details AEM base audit fees and Office of the State Auditor’s (OSA) reporting form fees for the past several years. An overall increase of 4.3% has been proposed by AEM for 2020. Financial or Budget Considerations: The proposed cost of the 2020 financial statement audit, including the 2020 Office of the State Auditor’s reporting form is $32,500. The City’s 2021 proposed General Fund budget includes $33,000 for 2020 audit and related services. 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. Options: 1. Authorize the signing and returning of the 2020 audit engagement letter. 2. Do not authorize the signing and returning of the 2020 audit engagement letter. Recommendation / Action Requested: Staff recommends that the City Council authorize the Finance Director to sign and return the 2020 audit engagement letter. Next Steps and Timeline: If authorized, City personnel will confirm 2020 audit fieldwork dates in January 2021 and March 2021. Connection to Vision / Mission: The mandatory annual audit of the City’s financial statements is a component of sound financial management. November 20, 2020 Management, Honorable Mayor and City Council City of Shorewood Shorewood, Minnesota We are pleased to confirm our understanding of the services we are to provide the City of Shorewood(the City)for the yearendedDecember31,2020.We will audit the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of the Cityas of and for the yearended December31,2020. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1)Management’s Discussion and Analysis 2)Schedule of Funding Progress, Employer's Share of Net Pension Liability and Employer's Contributions We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor’s report on the financial statements: 1)Combining and Individual Fund Financial Statements and Schedules The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor’s report will not provide an opinion or any assurance on that other information. 1)Introductory Section 2)Statistical Section November 20, 2020 Page 2 Audit Objective The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City’s financial statements. Our report will be addressed totheCityCouncilof the City. We cannot provide assurance thatunmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or may withdraw from this engagement. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1)errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comesto our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statementsand related matters. Audit Procedures-Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards. Audit Procedures-Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City‘scompliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objectiveof our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. November 20, 2020 Page 3 Other Services We will also prepare a general ledger trial balance for use during the audit. Our preparation of the trial balance will be limited to formatting information in the general ledger into a working trial balance. As part of the audit, we will assist with preparation of your financial statements of the City in conformity with U.S. generally accepted accounting principles based on information provided by you.We will also use the financial statements to complete the Office of the State Auditors' Reporting Forms.We will also assist with entries to convert from the modified accrual basis of accounting to the full accrual basis of accounting for long-term assets, long-term liabilities, and related deferred inflows of resources, deferred outflows of resources, revenues and expenses from information provided by management. Management Responsibilities Management isresponsible for designing, implementing and maintaining effective internal controlsrelevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with U.S. generally accepted accounting principles. Management isalso responsible for making all financialrecords and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including identification of all related parties and all related party relationships and transactions(2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statementsof each opinion unittaken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws and regulations. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurementor presentation of the supplementary information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. You agree to assume all management responsibilities for financial statement preparation services and any other nonattest services we provide; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. November 20, 2020 Page 4 Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentialityof your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidentialinformation with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. The audit documentation for this engagement is the property of Abdo, Eick & Meyers, LLPand constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to anyRegulatoror its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under thesupervision of Abdo, Eick & Meyers, LLPpersonnel. Furthermore, upon request, we may provide copies of selected audit documentation to anyRegulatoror its designee. The Regulatoror its designee may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies. We expect to begin our audit inMarch,2021and to issue our reports no later thanJune30,2021.Andrew K. Berg, CPA is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. Our fee for these services will be as follows: Audit$30,700 2020Office of the State Auditor’s Reporting Form800 CARES Compliance Testing1,000 Total$32,500 In an effort to reduce environmental impact, you will receive printable, downloadable PDFs of your report. To receive one (1) paper report, you will be charged $150 for a set-up fee. Additional paper copies will be charged at the rate of $50 per report. You may also be billed for travel and other out-of-pocket costssuch as report production, typing, postage, etc.if not included in the fee listed above. The fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the engagement.If significant additional time is necessary, we will discuss it with you and arrive at a new fee before we incur the additional costs.Our invoices for these fees will be rendered each month as work progresses and are payable on presentation.Amounts not paid within 30 days from the invoice date will be subject to a late payment charge of .66percent per month (8percent per year).If for any reason the account is turned over to collections, additional fees will be added to cover collections cost.In accordance with our Firm policies, work may be suspended if your account becomes 60 days or more overdue and maynot be resumed until your account is paid in full.If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report.You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arriveat a new fee estimate before we incur the additional costs. November 20, 2020 Page 5 Except in the event of your failure to make a payment when due, in the event of a dispute related in any way to our services, our Firm and you agree to discuss the dispute and, if necessary, to promptly mediate in a good faith effort to resolve. We will agree on a mediator, but if we cannot, either of us may apply to a court having personal jurisdiction over the parties for appointment of a mediator. We will share the mediator’s fees and expenses equally, but otherwise willbear our own attorneys’ fees and mediation cost. Participation in such mediation shall be a condition to either of us initiating litigation. In order to allow time for the mediation, any applicable statute of limitations shall be tolled for a period not to exceed 120 days from the date either of us first requests in writing to mediate the dispute. The mediation shall be confidential in all respects, as allowed or required by law, except our final settlement positions at mediation shall be admissible in litigation solely to determine the prevailing party’s identify for purposes of the award of attorneys’ fees. In the event you fail to make a payment for services or to reimburse for costs advanced by the Firm on your behalf, the Firm reserves the right to take all legally permissible action, including commencement of litigation in lieu of mediation, and shall have the right to collect its costs, including reasonable attorney’s fees, incurred in any such collection or litigation activities. Should the City of Shorewooddesire to employ the Firm’s partner(s) or employee(s) involved in the performance of any audit, review or attest service for or relating to the Cityat any time during the then current fiscal year of the Cityup to and including the date of the audit report for that year, or in the twelve months preceding the audit report date for the immediately preceding year, it must have the written consent of the Firm to enter into an employment contract with the Firm partner or employee. Should the Firm agree to such arrangement, the agreement will include a payment equal to 200% of the partner or employee’s current annual salary. Professional and certain regulatory standards require us to be independent, in both fact and appearance, with respect to the Cityin the performance of our services. The Cityshall not, during the term of this agreement and for the twelve months following its termination for any reason, without the prior written consent of the Firm, solicit for employment, or hire any current or former partner or professional employee of the Firm, or any affiliate thereof, if such partner or professional employee has been involved in the performance of any audit, review, or attest service for or relating to the Cityat any time during the then current fiscal year of the Cityup to and including the date of the audit report for that year, or in the twelve months preceding the audit report date for the immediately preceding year. In connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information. We have the right to withdraw from this engagement, at our discretion, if you do not provide us with any information we request in a timely manner; refuse to cooperate with our reasonable requests or misrepresent any facts; we have reason to believe you may have engaged, or may be planning to engage, in conduct that is unethical and/orunlawful; you engage in conduct directed toward or affecting firm personnel that is disrespectful, inappropriate, and/or potentially unlawful; or we determine that continuing the engagement is not in the best interests of the firm or threatens legal or reputational harm to the firm. In the event of withdrawal under any of these circumstances, such withdrawal will release us from any obligation to complete your report and will constitute completion of our engagement. November 20, 2020 Page 6 We appreciate the opportunity to be of service to the Cityand believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please electronically sign this letter Sincerely, ABDO, EICK & MEYERS, LLP Certified Public Accountants & Consultants RESPONSE: This letter correctly sets forth the understanding of the City of Shorewood. By: Title: City of Shorewood Council Meeting Item 2L Title/Subject: City Hall Holiday Schedule Meeting Date: December 14, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR The city’s personnel policy provides for a half-day holiday on Christmas Eve, a full day holiday for Christmas Day and a full day holiday for New Year’s Day. The office will be th closed a half-day on Thursday, December 24, a full day on Friday December 25, and a full day on January 1, 2020. Phone and walk-in business is typically very slow the week between Christmas and New Year. In addition, many employees opt to utilize vacation days for some or many of these days. Staff is requesting the council officially close city hall all day on Thursday, December 24 for Christmas Eve. City hall staff may use personal, vacation, or accrued comp time for the additional four (4) hours not covered by the holiday pay. As established by the union contract, the public works department will remain open for the half day on December 24. City hall closures are posted on the city website, in the city’s social media postings, as well as being posted on the front door. In past years, the second meeting in December has not been held. This year staff th requests that the second meeting in December, the 28, be held. This meeting was included in the Resolution that set forth meeting dates for 2020 by Resolution 19-115, so it is a regular meeting but staff will notice the meeting as it would a special meeting just so there is no confusion about it being held. Council Action Requested: Staff respectfully requests consideration of a motion authorizing the official closure of City Hall for the Christmas Eve holiday on December 24, 2020. Motion, second, and simple majority is all that is needed to approve. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2M Title/Subject: 2020 Year-end Deer Management Program Report Meeting Date: December 14, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Report from Metro Bowhunters Resource Base Background: Following this memo is a report from Gary Anderson from Metro Bowhunters Resource Base for 2020. There were five weekends in this year’s program and three of the days were partially or completely cancelled due to weather. There were 23 properties included in this year’s program. The city will continue to examine the annual program to ensure that it meets the city’s needs as well as balance the need to manage the deer population in Shorewood and protecting private property, with those property owners who do not wish to participate in the program or who do not want any hunting done. Abbreviations for the attached report: AB = Adult Buck, AD = Adult Doe, BF = Buck Fawn, DF = Doe Fawn Financial or Budget Considerations: This program does not cost the city or participating property owners any money. Recommended Action: This memo is informational only and no action is needed on the part of the Council. 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 2020 SHOREWOOD DEER REMOVAL BY METRO BOWHUNTERS RESOURCE BASE A total of 21 deer were taken by 16 hunters over the course of 12.5 days (5 weekends, ½ day on Friday). This year 2 hunters were put on probation as per MBRB’s shot proficiency policy/ unrecovered deer policy. Again this year as in the past, we were approached by residents not included in the hunt asking us to remove deer from their property. They were directed to the city to be considered for future hunts. Below are 2 charts showing the breakdown of deer taken by hunt period and hunt area (refer to map provided by city). Hunt Deer Period Shots Taken Hit Deer Recovered 1 7 7 6 2 6 5 5 3 6 5 5 4 3 3 3 5 5 3 2 Total 27 23 21 Hunt 1 2 3 4 5 6 7 8 9 10 12 13 14 Area 1AB 1AD Deer 1AB 1AD 1AD 1AD 0 1BF 0 0 0 1DF 0 0 1AB taken 2AD 1AB 1BF 1DF 1DF 1BF 0 3 0 0 3 0 2 1 0 0 2 1 4 Total Hunt 17 18 19 20 21 22 23 24 25 26 27 Area Deer 1AB 0 0 1AD 1AD 0 0 0 0 0 1AB taken 1AD 0 0 1 1 2 0 0 0 0 0 1 Total Recommendations: Possibly dialing back to a management level and only hunt 2 weekends. Continue searching for new areas with high deer concentration. 5A MEETING TYPE Regular City of Shorewood Council Meeting Item Title/Subject: Employee Service Awards Meeting Date: Monday, December 14, 2020 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Greg Lerud, City Administrator Background: The city enthusiastically and historically recognizes employees who have hit certain milestones in their employment with the city. These anniversaries of employment are special to employees and the city alike as they are a testimony to their loyalty to the city over the years. Valued employees like these and their continued contributions are vital to the city’s success. The employees being recognized this year: Larry Brown, Director of Public Works - 25 years of service Greg Fasching, Light Equipment Operator, Utilities - 10 years of service With their individual efforts and achievements, they make it possible for the city to provide exceptional service to the community! Their hard work and dedication is commendable and does not go unnoticed. We look forward to their ongoing contributions and a bright and successful future together! The Shorewood City Council recognizes and expresses appreciation to Larry Brown and Greg Fasching for being valued members of the team, their significant contributions over the years and their dedication to the city and the community! A Shorewood Yeti Rambler Tumbler with Magslider Lid will be awarded for the commemorative occasion to each of the employees engraved with their names and years of service. In addition, each employee receives a monetary reward based on years of service. No Formal Action Requested. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 5B MEETING TYPE Regular City of Shorewood Council Meeting Item Title/Subject: Service Award: Stephany Vassar, Shorewood Park Commission Meeting Date: Monday, December 14, 2020 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Marie Darling, Planning Director Background: The city has a need for citizens to serve on advisory committees to the city council. Pursuant to Shorewood City Code Chapter 202, the Shorewood Park Commission was established and is advisory to the City Council. The Commission consists of five members who must be current residents of Shorewood. Terms of appointment commence on March 1 and terminate on the last day of February and run for three years. The purpose of the Park Commission shall be to aid the City Council in the expenditure of monies so that the greatest benefit may be obtained from the use and maintenance of the city parks. Parks Commissioner Stephany Vassar submitted her resignation on the City’s Park Commission earlier this year. Stephany’s service on the City’s Park Commission was so appreciated and her contributions were significant over the years. Stephany was a great addition to the Park Commission because she and her family are active park users in the community. She truly cared about the condition of the parks and was inspired to make them the best that they could be. Vassar offered so many great ideas and input on the recent playground rehab projects and originally suggested the theme for the new Badger Park playground. Staff and Council are very grateful for her years of service. The Shorewood City Council recognizes and expresses appreciation to Stephany Vassar for her service on the Shorewood Park Commission and her dedication to the community. A Crystal Engraved Service Award recognizing Stephany Vassar’s contributions on the Shorewood Park Commission will be delivered to her residence. No Formal Action Requested. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 5C MEETING TYPE Regular City of Shorewood Council Meeting Item Title/Subject: City Council Service Award: Scott Zerby, Mayor City Council Service Award: Kristine Sundberg, City Council Meeting Date: Monday, December 14, 2020 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Greg Lerud, City Administrator Background: Shorewood city council consists of five members; Mayor with a 4-year term, and four council members with staggered 4-year terms. In 2020, the mayor seat and two council seats were up for election at the November 3, 2020 General Election. The newly elected officials will be sworn in and begin service effective January 2021. Mayor Scott Zerby’s 4-year term as Mayor will end in December of 2020. The city council, city staff, and the entire community are so grateful for his many years of service! In a conversation, with Mayor Zerby, regarding his years serving the community, he stated that he has pretty much “always been representing” as it started back on junior and senior highschool councils, then on the University of Minnesota council. Mayor Zerby explained that he ran for Shorewood city council to help bring more transparency to city government. His first experience, as a resident, which piqued his interest, was helping to build the playground at Badger Park (yes - the one that was just replaced)! He has served as Excelsior Chamber President and Excelsior Rotary President as well. Mayor Zerby’s service on the City Council began in 1998 and consists of 18 years; 10 years as a city councilmember and eight (8) years as Mayor. Zerby took a brief break from service to give his children more time and came back in 2008 to the city council. His 8 years as Mayor began with a win in 2012 and a second term was secured in 2016, now ending in December of 2020. City Councilmember Kristine Sundberg’s 4-year term will end in December of 2020. The city council, city staff, and the entire community are so grateful for her many years of service! Councilmember Sundberg has served on the city council for the past eight (8) years and has had a strong focus on environmental issues. Sundberg served on the recycling committee, the renewable energy group and encouraged the solar ready new housing ordinance. In addition, Sundberg has served on the Fire Board. The Shorewood City Council recognizes and expresses appreciation to Mayor Scott Zerby and City Councilmember Kristine Sundberg for their many years of dedication to the community and excellent service on behalf of Shorewood. A Crystal Engraved Service Award recognizing their contributions on the Shorewood City Council will be delivered to their residences. No Formal Action Requested. 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 PLANNING COMMISSION MEETING TUESDAY, DECEMBER 1, 2020 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:02 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; and Planning Technician Notermann Absent: None 1. APPROVAL OF AGENDA Riedel moved, Gorham seconded, approving the agenda for December 1, 2020, as presented. Roll Call Vote: Ayes — all. Motion passed 5/0. 2. APPROVAL OF MINUTES November 17, 2020 Eggenberger moved, Gault seconded, approving the Planning Commission Meeting Minutes of November 17, 2020, as presented. Roll Call Vote: Ayes — all. Motion passed 5/0. 3. MATTERS FROM THE FLOOR - NONE 4. 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 — PUD Amendment for Minnetonka Country Club — 5920 Club Valley Road Applicant: TTD Land Holdings, LLC (Gonyea Homes) Location: 5920 Club Valley Road Chair Maddy opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing. Planning Director Darling presented the staff memo and summarized the request for a PUD amendment to allow the height of the building to exceed 35 feet for the property located at 5920 Club Valley Road. She noted that in 2018, the two builders in the Minnetonka Country Club had requested a PUD amendment to allow 40 of the walk -out lots in the development to have taller homes in order to increase the variety of home styles available throughout the development. She CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 2 of 13 explained that this lot was not part of the request, because, at the time, it was under contract for purchase. The original buyers have walked away from the purchase and the applicant would like to have more flexibility in the roof designs that they can offer. She showed renderings of what the applicant would like to propose for roof lines compared to what they are allowed under the current code. She gave an overview of the four areas that should be used when considering the PUD amendment and noted that staff looked very closely at the position of the home on the property specifically in relation to the home to the north before they made their recommendation for approval. She stated that the City received one letter in opposition to this request from Darcy Heil, 24525 Niblick Alcove, and noted that she had distributed the letter via e-mail earlier today. Commissioner Gault asked how many lots in the development were approved for the higher roof lines and asked where they are located in comparison with this lot. Planning Director Darling stated that there were 40 homes approved for higher roof lines. She stated that she is not sure where all of the lots are, but the majority are located on Prestwick Court and Bentgrass Way, with two of the homes on the west side of Club Valley Road. Commissioner Gault asked how many of the lots that were approved for the higher roof lines have been sold and been constructed. Planning Director Darling noted that she has this information on a map at her office, but does not have it at home for tonight's meeting. Chair Maddy noted that the applicant may be able to answer this question. Commissioner Riedel stated that the letter from the applicant references the section of the code that the Commission has recently discussed because there is possible ambiguity regarding the average land grade meaning the lowest land grade. He asked for an explanation of how that impacts this application for a PUD amendment. Planning Director Darling explained that the original developer and builders didn't understand the language in the code at the time which said that the building height was based on the average land grade, but the definition of average land grade in code is the lowest land within 5 feet of the home. She explained that this is where the trouble and confusion came about because they did not realize that average land grade meant lowest land grade. She stated that their proposal for the 40 lots was to use the average land grade, rather than the lowest land grade. Commissioner Riedel stated that his understanding was that there was initial confusion which then led to the application for 40 of the homes to have the higher roof line. He stated that this request was approved, however this was not one of those homes and are asking it to be included after the fact. Planning Director Darling stated that this is correct. Chair Maddy stated that the applicant had excluded ones that were under contract and the contract for this property fell through. He asked if the Commission could make the assumption that if this one had not been under contract that it would have been included in the initial request and they would have asked for 41 homes to have the higher roof line. Commissioner Eggenberger asked about the location of the resident who sent the letter in opposition to this request. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 3 of 13 Planning Director Darling showed the location of 24525 Niblick Alcove in relation to the subject property. Commissioner Gorham asked for clarification about the sentence in the report that stated, "changing the rules after the adjacent homes are constructed is problematic." Planning Director Darling stated that there could be concerns from the neighbors and there could be an issue by putting in a taller house next to a shorter home because there is a potential to block solar access. She stated that she was very cautious before she made her recommendation to seriously consider the impact on the neighbor. Commissioner Gault stated that if he was the neighbor and had been told that the building height was limited to 35 feet, he would be upset to find that his next -door neighbor was allowed to exceed that limitation. He stated that the basement and ceiling heights for this home are the same as the ones that are 35 feet high and the only difference that he can see are the roof lines. Commissioner Gorham asked if he had heard Planning Director Darling correctly that the 40 homes that were previously approved for the increased height was because they wanted more diversity. Planning Director Darling agreed that the builders wanted more diversity of housing styles. Commissioner Eggenberger asked about the hip roof versus a gabled roof and which home had greater sun access. Planning Director Darling explained that a hip roof would provide greater sun access for the home to the north than a gable roof. Rick Packer, Gonyea Homes, stated that the only reason this lot was not included in their original request was because it was under contract for a different style of house. He explained that on every walkout lot in the Minnetonka Country Club, they are faced with this same problem where the average land grade is actually the lowest land grade. He stated that on a flat lot or a lookout lot, they do not have this problem. He stated that he understands the solar access problem and believes that their design has addressed that concern. Commissioner Gault reiterated his question he had asked how many of the original 40 lots that had been approved for the higher roofline had been sold. Mr. Packer stated that some of those lots are Lennar lots, so he cannot answer for them, but noted that all of the Gonyea Homes lots have been sold. Commissioner Gault asked how many lots were left that may be in this same situation. Mr. Packer stated that he does not believe that there are any others left. Commissioner Riedel asked about the change in design and asked if it was led by the new owner. He stated that the former design worked well for the lot and asked why they couldn't just stick with the original design or if it was being changed for monetary reasons. He asked for clarification on whether the property had been sold or is under contract to build. Mr. Packer stated that they have a contract and the house plan is what is being presented. He stated that this home design is what the buyer would like to build. He reiterated that with the CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 4 of 13 confusion between average land grade and lowest land grade they have had some problems trying to bring the homes in at that height. Commissioner Gault stated that the ceiling height on all the properties presented are exactly the same and doesn't understand why there needs to be the roof line height difference with this design. Mr. Packer stated that he cannot answer that, but noted that he had submitted the plans with the desired ceiling heights which translate to the higher roof line. He noted that before they were able to get the amendment, they were trying to work out ways to work around the code and ended up with some strange spaces inside the home. Chair Maddy stated that in looking at 5900 Club Valley Road, the ceilings are not the same as the home design being proposed. Commissioner Gault noted that it looks like the plans show different heights than what has been presented in the chart. Chair Maddy stated that he would like to be equitable to everyone in the neighborhood and 40 people have gotten this same leniency on the code. He stated that he would like to keep that in mind when the Commission is discussing the fairness of the request. Commissioner Riedel stated that variances are not supposed to be granted based on economic considerations only, but this is a PUD amendment and there is no legal guidance for this type of amendment. Planning Director Darling stated that the only guidance are the criteria that are in ordinance for a rezoning or a PUD. She noted that she had included the criteria in the staff reports: consistent with the Comprehensive Plan; compatibility with present and future land uses in the area; not depreciate the neighborhood; served by the existing public services. She explained that staff concluded that this amendment meets the criteria. Commissioner Riedel stated that he believes this decision turns on the question of how does the amount of shade that this would cause impact the immediate neighbors. He stated that according to Planning Director Darling's diligent research, he believes the answer is that it would not impact the neighbors much for the reasons she outlined in her report. He stated that according to Planning Director Darling's research, it does seem like the solar impact will be minimal. Planning Director Darling explained how she had researched the issue and all the details she took into consideration when making her recommendation. She noted that there is also a storm sewer line that runs through this area, so the homes will be 40 feet apart, which is twice as much as required for other lots, which helps mitigate the height issue. Chair Maddy opened the public hearing at 7:39 p.m., being there was none, he closed the public hearing at 7:40 p.m. Riedel moved, Eggenberger seconded, recommending approval of the PUD Amendment Allowing the Height of the Building to Exceed 35 feet at 5920 Club Valley Road. Commissioner Gorham stated that he is glad that Planning Director Darling did a thorough review of the sun access. He stated that he believes that if this had been presented earlier with the original PUD amendment, it would have been part of that original approval. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 5 of 13 Commissioner Gault stated that he finds it telling that the immediate neighbors did not submit a letter in opposition. Chair Maddy stated that with the large setback and the hip roof, he is not worried about allowing this amendment. Commissioner Riedel stated that with 40 feet separating the homes, he feels that overwhelms the difference height, including the angle of the sun and the shadow. Roll Call Vote: Ayes — all. Motion passed 5/0. Planning Director Darling stated that this request would be on the agenda for the December 14, 2020 City Council meeting. B. PUBLIC HEARING — CUP for a Special Purpose Fence Applicant: Roger and Roberta Aronson Location: 5730 Club Lane Planning Technician Notermann presented the staff memo and summarized the request for a CUP for a special purpose fence. She stated that the request is for a 6-foot privacy fence to enclose their rear yard. She stated that it will require a CUP because it varies in height, design and location from the current residential boundary regulations in the City Code. She showed the proposed location for the fencing and noted that the City Code does not allow a 6-foot boundary fence to be placed on residential properties that abut a public street. She explained that the Code would allow for a 4-foot fence in this location, but the applicant is requesting a 6-foot fence to give them more shielding and privacy in their backyard and to keep their dogs from barking at anybody on the path or driving by. She stated that her understanding is the dogs are quite large and the higher fence would also provide more security for them not to be able to jump the shorter fence. She stated that the variance setback is from 35 feet to 10 feet from the property line that abuts Smithtown Road. She stated that a 6-foot privacy fence under current Code would need to be 8 feet from both the rear and the interior side lot line and this proposal is for it to be on the property line. She stated that the City does allow fences to be placed directly on the property line with the written consent of the neighbors in a situation where a CUP is not needed. She explained that the proposed fence also varies from code in its design because it is requested to be a total privacy fence versus the 25% open from the ground to the top of the fence. She stated that staff found that the proposed fence does not cause any adverse effects on the general welfare, public healthy and safety. Commissioner Gorham clarified that the setbacks can be amended with letters from the neighbors. Planning Technician explained that in a situation where a CUP is not required, they do allow people to construct fences on the property line if they have written consent from the neighbors. She stated that she believes that the applicant has spoken to the neighbors and have indicated that they are comfortable with the fence being on the property line. Commissioner Gault asked if written consent had been provided in this instance. Commissioner Gorham stated that written consent isn't necessarily needed in this case, but the spirit of it is that the neighbors would consent to it because this is a CUP. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 6 of 13 Commissioner Gault stated that would imply that if there is a CUP you need less agreement from your neighbors than if you don't have a CUP. Planning Technician Notermann explained that in this instance, the neighbors were notified that this was coming in front of the Planning Commission and no comments were received. Commissioner Gault stated that they also did not provide written consent, so in his opinion, their inaction implies disagreement. Commissioner Gorham stated that for the last agenda item, the Commission said that the fact that they did not hear from the neighbors was a good sign. Commissioner Eggenberger noted that he thinks not hearing from them is different than them giving permission. Planning Director Darling noted that as a condition of approval, the Commission could require the consent of the neighboring property owners. Commissioner Gault stated that he drives along Smithtown Road daily and there is only one very old privacy fence along the whole stretch within the Shorewood boundary. He stated that everyone else along this stretch of road has provided privacy with shrubbery and he feels the proposed fence would be out of character with the roadway. Commissioner Riedel stated that the applicants are applying for a CUP for a special purpose fence and noted that with other CUPs there are specific requirements that have to be met. He asked if any of those are listed within the Code for special purposes fencing. Planning Technician Notermann stated that the City's fence regulations are extensive. She explained that the Code states that if someone wants a fence that varies in any way from the noted regulations, they should follow the CUP process to construct a fence. Commissioner Riedel stated that he would agree that the fencing regulations are very specific. He stated that it appears that without specific conditions for granting the CUP, it is up to the discretion of the Commission to make a recommendation to Council. Commissioner Eggenberger asked about the setback and whether the fencing came back just enough not to obstruct the view from 24905 Club Lane. Planning Technician Notermann stated that the setback is 35 feet from their property line and they are proposing 10 feet from their property line which is 30 feet from the road. She noted that the setback is measured from the property line. Planning Director Darling explained that the reason Planning Technician Notermann is measuring from the street is so the Commission has an idea about how far back it will be from Smithtown Road when considering whether or not it would obstruct visibility from the neighbor's driveway. Commissioner Gault asked if the City had seen a landscaping plan. Planning Technician Notermann stated that requirement is only for arterial streets, and Smithtown is a collector street. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 7 of 13 Commissioner Gault stated that regardless of the official designation, anyone who drives on Smithtown knows that it is an arterial street. Roberta Aronson, 5730 Club Lane, stated that they have spoken with their neighbor to the west and he agreed to their request for a privacy fence and has no problems with it. She stated that they did not get it in writing, but could easily do that. She stated that the owner of the property to the south has also agreed to their proposal for a privacy fence. She stated that it is currently owned by the builder, but the people who are purchasing the lot have dogs so they would also like a privacy fence and have no objections. She stated that in their situation, if their dogs don't see people, they don't bark. She stated that they don't want that to be an annoyance to other people or cause problems when people are walking on the sidewalk. Commissioner Eggenberger asked if they could block the view to the sidewalk with a 4-foot-tall fence if it was moved further in. Ms. Aronson stated that she does not think so because they have an 80-pound goldendoodle. She stated that they are planning to put in shrubbery as well as well as some 5-foot arbor vitae to shield the yard, but it will take a few years for those to mature. Roger Aronson, 5730 Club Lane, explained that the grade of the lot is reasonably flat, so even if they push the fence in a bit anybody over 5 feet tall would be visible. He stated that their goldendoodle is a protective dog and when he sees people, he barks. He stated that their proposed fence will minimize the barking or charging up to a 4-foot-tall fence and people being on the other side wondering what would happen and potentially veering into the street. He stated that a 6-foot fence would alleviate that issue and feels the people on the sidewalk would have a more enjoyable time walking or riding their bikes. Chair Maddy opened the public hearing at 8:00 p.m., there being no comment, he closed the public hearing. Chair Maddy stated that in looking over the Code, he had a question for Planning Director Darling about who is the City's Horse Inspector. Planning Director Darling stated that she does not recall and noted that it may be City Clerk Thone because she issues the permits to have a horse. Chair Maddy stated that he had no idea that the City had a Horse Inspector. Planning Director Darling noted that there is only 1 horse in the City, so it is not a busy position. Commissioner Riedel stated that the Code is written to allow for a lot of flexibility, but stated that he agreed with Commissioner Gault that this doesn't seem like a special purpose fence. He stated that according to the Code, it says that special purposes fences are either fences for special purposes and fences differing in construction height or length. He stated that there is an "and" in the Code which means the CUP can be granted by the Council for any fence that differs in height of length outside of the Code parameters, which means, it is really up to the discretion of the Planning Commission to make a recommendation to the Council. Commissioner Gault stated that he if it would say "or" rather than "and", so he thinks this would apply to a special purpose fence that also differs in construction height or length and not a non - special purpose fence. He asked what defines this particular fence as a special purpose fence. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 8 of 13 He stated that keeping dogs from barking or shielding them from visibility is not something he sees as a special purpose. Commissioner Gorham asked if there was a section of the code that speaks to fences differing in construction height or length, or whether this was the section of Code that you go to if you want to build a taller fence. Commissioner Riedel stated that he is looking through the Code and all that he can find is that everyone who builds a fence needs a permit, and there is an extensive set of requirements, however if you want a fence that doesn't meet those requirements people must apply for this CUP. Planning Director Darling confirmed that this was the correct understanding Commissioner Riedel stated that it appears as though this category is a catch-all. He stated that he can remember a discussion from three or four years ago regarding whether a hockey rink put up during the winter months constituted a fence or not. Commissioner Gault stated that he sees this as a residential district fence and not a special purpose fence which clearly states that there needs to be 25% openness and that there cannot be a 100% boundary of the property. Commissioner Riedel stated that he agrees that this is the equivalent of applying for a variance, but this is a CUP and the question hinges on whether this is a special purpose fence. He stated that English grammar makes it a bit ambiguous. He noted that if the Code did not repeat the word "fences" twice, then Commissioner Gault's interpretation would be correct. He stated that if you repeat the word "fence", the word `and', in a sense, becomes the word `or'. Commissioner Gorham stated that the title is special purpose fences. Commissioner Gault stated that he sees that paragraph applying only to special purpose fences. Ms. Aronson asked whether the fact that their dog is large enough to jump over a 4-foot fence onto Smithtown Road would be something that would be considered for a special purpose because it would ensure the safety of the vehicles as well as their pets. Commissioner Gault stated that he feels this is what invisible fences are for. Chair Maddy stated that he would agree that just because their dog is big does not mean that they do not have to follow the City's rules. Commissioner Gault stated there is a home on Virginia Cove that probably would have loved to have a 6-foot-tall 100% privacy fence because their pool is clearly visible from the sidewalk and the street. He explained that they have a 4-foot-tall, open, iron fence and they are addressing the visibility issue with shrubbery. Mr. Aronson asked if it was the privacy component that is most bothering the Commission. He stated that they had considered a 6-foot-tall fence with 25% lattice work at the top and asked if that would make a difference in the minds of the Commission. Commissioner Gault stated that code states that it would have to be 25% open from ground to the top of the fence. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 9 of 13 Chair Maddy stated that the intent of the code is to keep the neighborhoods and community open without big walls along the property lines. Ms. Aronson stated that the board on board fencing would be fine also and they could supplement with shrubbery for additional barriers. Chair Maddy stated that there is a big loophole in the code because arborvitae is not mentioned. He asked which side of the fence they were planning to plant them. Ms. Aronson stated that they had planned to plant them in their yard inside the fence Chair Maddy noted that once they mature, they will probably provide all the privacy they desire without violating any City codes. Planning Director Darling noted that the distance between where they are proposing the fence and their property line is all drainage and utility easement. She explained that when people ask her opinion, she suggests that they not plant trees in drainage and utility easements or public right of way. Commissioner Gault stated that as a City resident he would appreciate a softening of a wall of fence on the outside of the fence line. Ms. Aronson stated that they were concerned that as the arborvitae grew bigger it would encroach on the sidewalk, so they thought keeping it on their property would be the most respectful choice. Commissioner Riedel asked if it is determined that a CUP is not the correct route for this request, could they apply for a variance instead. Planning Director Darling stated that they could and her interpretation of the code is that this application does allow for an application for a CUP for any fence that varies from the height, design or location. Commissioner Riedel stated that he agrees with that interpretation. He noted that he understands that the Commission is not supposed to take into consideration precedent in their deliberations, but would like to know if there have been CUPs granted for fences in the past. Planning Director Darling noted that she has not seen any in the three years she has been with the City. She stated that she found some early CUPs but most of the people who have asked for a taller fence or a full privacy fence will back off of this request once they are told about the CUP process, the application fee, and the wait time. Commissioner Gorham stated that he understands why a taller fence may be better for their dog, but does not understand the desire to go all the way around with the fencing. He stated that if he were to agree to this request, he would want the design to be pared down. Ms. Aronson stated that they could agree to that. Commissioner Gorham stated that he would also like to have the approval of the neighbors in writing. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 10 of 13 Commissioner Gault stated that the fencing request appears to be a dog containment attempt rather than using something like invisible fencing. Mr. Aronson stated that they are familiar with invisible fencing and had it at a previous home. He stated that he is also thinking of the experience of the people on the street who see a dog running across the yard barking at them and are simply hoping that the dog will stop. He stated that their idea with the fence is that people won't have to wonder what will happen with the dog as they travel by. Commissioner Eggenberger stated that he keeps thinking about this being a CUP for a special purpose fence and it seems as though this is being done because the applicant has dogs, which does not make sense to him. Chair Maddy stated that he is not happy with the code language Commissioner Gorham stated that he is also not happy with the language. He asked if this could be on the slate the issues to discuss at a future meeting for things like whether there should be an "and" or an "or" in this language to clarify if this is a special purpose fence or if it is a fence that differs in construction. He stated that feels this language should be cleaned up. Planning Director Darling noted that it is very common for cities to have an out, so you can apply for a CUP for a different type of fence based on specific site circumstances. Commissioner Eggenberger asked what the conditional use would be in this situation. Commissioner Riedel stated that the label of CUP does not refer to it as a use that is conditioned for a time period but is rather a process and where permission is not automatically granted without the Planning Commission and Council approving it. Planning Director Darling clarified that CUPs are a permanent approval and they run with the land. She stated that once approved, the fence would not have to be taken down upon the death of the pet or when the Aronson's move. Commissioner Riedel suggested that the Commission recommend approval, but subject to two conditions: that not having the 25% openness only applies to the portion along Smithtown Road; that they provide written consent from the neighbors to have the fence located along the property line. Ms. Aronson stated that they would be open to those conditions Commissioner Gorham questioned whether the Commission will be asked to approve other requests similar to this one. He expressed concern that they will end up asking people how big their dog is, how much it weighs, how agile it is, and ask for a demonstration of it jumping as part of the approval process. Commissioner Gault stated that his concern is that this creates a walled back yard. Mr. Aronson stated that in talking to their neighbors to the south and to the west, it was not just that they were okay with them putting up the 6-foot privacy fence. He explained that they were both strongly in favor of it for their own reasons and were not just acquiescing with their idea. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 11 of 13 Ms. Aronson stated that they can do the board on board for the other three sides of the fence and leave Smithtown as more of a privacy fence, but she thinks their biggest priority is the 6-foot height. She stated that they have had one dog in the past who was hit by a car and it was very traumatic for them. Commissioner Gault asked if the 25% was meant to be a visibility issue because the board on board would still not be able to seen through. Planning Director Darling stated that it is and noted that there are specifications that can be sent to the applicants to indicate how far apart the boards have to be in order to qualify for the 25%. She noted that you can see through this type of fence at an angle and shared the specifications with the Commission. Commissioner Eggenberger asked if the dogs only barked when they saw someone Mr. Aronson stated that seeing someone would certainly get more of their attention than just hearing someone. Planning Director Darling shared a photo of a board on board fence with 25% openness. She noted another possibility would be to put lattice at the top to achieve the 25% figure. Commissioner Gault stated that he thought the lattice option was only for interior fence lines and not boundary fences. He read aloud a portion of the fence regulations and noted that he did not feel the board on board design showed by Planning Director Darling met code requirements. Chair Maddy asked what the difference is between and arterial street and a collector street. Planning Director Darling stated that she does not have the official language in front of her, but in her mind, it does meet the definition of an arterial roadway, but the Comprehensive Plan has it designated as a major collector. Commissioner Riedel stated that he feels a CUP can be justified because this is a busy road and feels the intent is if you live on a busy road, you can have a 6-foot fence on that road. He stated that he feels the CUP gives the Commission and the Council some discretion. He suggested allowing that along Smithtown Road, but the other 3 sides of the fence the applicant consider options for 4-foot fences. Planning Technician Notermann stated that she believes the applicant would be allowed to have the 6-foot fence along the south property line with only administrative approval. Planning Director Darling stated that as long as the fence is 25% open. Planning Technician Notermann agreed that it can be 6 feet tall as long as there is 25% open. Planning Director Darling stated that the way she interprets this information is that the applicant could also have a 6-foot fence up the 35-foot setback line of Smithtown Road. Ms. Aronson reiterated that they would be fine having the 25% open fencing around their yard The Commission reviewed the full request by the applicant. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 12 of 13 Commissioner Gault noted that he would like to see a landscape plan for the exterior side of the fence. He suggested that the Commission approve the CUP, with the stipulation that 100% of the fence be board on board, that written agreement from the 2 neighboring properties is provided, and that there be landscaping along the exterior of the fence along Smithtown Road. Chair Maddy stated that they will need to be careful that the shrubbery is not too big because there are utility easements in the area. Commissioner Riedel stated that it would just need to be something that would break up the monotonous look of the fence and believes the intent of this entire ordinance is so you don't have a wall of fences as you drive down a nice street. Chair Maddy reopened the public hearing at 8:47 p.m. There being no public comment, Chair Maddy closed the public hearing. Gault moved, Riedel seconded, recommending approval of the CUP request for 5730 Club Lane, with the following conditions: that 100% of the fence be board on board; that the neighbors to the west and south provide written consent for the fence being on the property line; and that the applicant submits a landscaping plan for the exterior of the fence along Smithtown Road, in compliance with regulation 1201.03, Subd. 2G to be approved by staff. Roll Call Vote: Ayes — Gorham, Gault, Riedel; Nays - Eggenberger. Maddy. Motion passed 3/2. 5. REPORTS • Council Meeting Report Planning Director Darling gave an overview of the recent Council Work Session to discuss the Comprehensive Plan. She stated that they have suggested revisions based on direction from the Met Council. She explained that the Council has referred it back to the Planning Commission to hold a public meeting to discuss the changes. She stated that this will be on the next agenda. She gave an overview of the November 23, 2020 Council meeting as outlined in the minutes. • Draft Next Meeting Agenda She explained that the Comprehensive Plan discussion will be at the next Commission meeting. Commissioner Gault asked if there has been a date set for the Commission to have another joint meeting with the Park Commission to continue the fire lane discussion. Planning Director Darling stated that in addition to the Comprehensive Plan there will be a PUD development plan and a preliminary plat for a 14-lot subdivision, 2 variances, and a CUP permit for a telecommunication antennas. She stated that the agenda was so full, they were not able to host the joint Planning/Park Commission meeting to discuss the fire lanes on that meeting. She stated that it will work better at the January Park Commission meeting date on January 12, 2020. Planning Director Darling noted that there are a few Commissioners whose terms are expiring and noted that she had sent them applications for another term. 6. ADJOURNMENT CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 1, 2020 Page 13 of 13 Gault moved, Riedel seconded, adjourning the Planning Commission Meeting of December 1, 2020, at 9:03 P.M. Roll Call Vote: Ayes — all. Motion passed 5/0. 7B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Special Home Occupation Permit Location: 5740 Wood Duck Circle Applicant: Tasha Wagner Meeting Date: December 14, 2020 Prepared by: Emma Notermann, Planning Technician Review Deadline: January 19, 2021 Attachments: Applicants Narrative Planning Memorandum from the November 17, 2020 Meeting Public Comment Received Resolution Background: See attached planning memorandum for detailed background on this request. At their November 17, 2020 meeting, the Planning Commission voted to recommend approval of the special home occupation permit for the home occupation to operate a salon. The applicant was present at the meeting. One neighbor submitted a letter in support of the request (please see attached). The CUP will be valid for one year, at which time it will be up for renewal for a three-year period. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the application to operate a salon as a home occupation subject to the conditions in the attached resolution . Proposed motion: Move to adopt the attached resolution approving a CUP for Tasha Wagner to operate a salon as a home occupation in the residence located at 5740 Wood Duck Circle. Any action on this request would require a simple majority. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2020 Cases\\5740 Wood Duck Circle Salon Home Occ\\Council Staff Report\\CAF Memo.docxS:\\Planning\\Planning Files\\Applications\\2020 Cases\\5740 Wood Duck Circle Salon Home Occ\\Council Staff Report\\CAF Memo Template.docx RESOLUTION 20-128 A RESOLUTION APPROVING A SPECIAL HOME OCCUPATION PERMIT FOR PROPERTY LOCATED AT 5740 WOOD DUCK CIRCLE WHEREAS, Tasha Wagner (the “Applicant”) has applied for a special home occupation permit to operate a salon out of her residence at 5740 Wood Duck Circle in the R-2B district, on the property legally described as: Unit No 5740, CIC No 1609 Woodduck Condo, Hennepin County, Minnesota; and, WHEREAS, the Planning Commission considered the request for a special home occupation permit at its regular meeting on November 17, 2020, at which time the Planning Staff memorandum was reviewed and comments were heard by the Applicant and the public; and WHEREAS, The City Council considered the request for a special home occupation permit at its regular meeting on December 14, 2020, at which time the Planning Commission’s recommendations were reviewed and comments were heard by the Applicant, staff, and the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in an R-2B, Single and Two-Family Residential zoning district, which allows home occupations as an accessory use. 2. Section 1201.03, Subd. 12 (Home Occupations) requires a special home occupation permit for certain home occupations, including salon operations. 3. The Applicant’s proposal is identified on plans dated October 15, 2020. CONCLUSIONS 1. The Applicant’s request has satisfied the criteria for granting a special home occupation permit under the Shorewood City Code. 2. The Applicant’s proposal indicates the home occupation could be conducted in a manner compatible with the existing and proposed uses in the area and would not tend to depreciate the area. 3. The home occupation would not overburden the city’s existing public services and streets. 4. Based upon the foregoing, the City Council hereby approves a special home occupation permit to operate a salon in the residence, based on the plans submitted October 15, 2020, subject to the following: a. The applicant shall forward copies of any licenses that are required to own and operate a salon to the City. b. The applicant shall obtain any necessary building permits before beginning any alterations inside the home. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA th this 14 day of December, 2020. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk 2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Planned Unit Development Amendment Location: 5920 Club Valley Road Applicant: Gonyea Homes Meeting Date: December 14, 2020 Prepared by: Marie Darling, Planning Director Review Deadline: February 16, 2021 Attachments: Planning Memorandum Correspondence Received Resolution Background: The request is to alter the maximum height of the home to be consistent with a previous amendment that allowed 40 homes in the Minnetonka Country Club to be measured from the mid -point of the roof to the average adjacent grade instead of the lowest adjacent grade. The applicant, on behalf of the potential buyer, seeks to include a taller roof on the structure than would otherwise be allowed. See the planning staff memorandum for detailed background on this item. At their December 1, 2020 meeting, the Planning Commission unanimously recommended approval of the request for the increased height for the home as they found the change would have no impact on the neighborhood or the solar access for the home to the north. No one from the public requested to speak, but staff received one letter (attached) in opposition to the request. Financial or Budget Considerations: The fee paid by the applicant covers the cost of processing the application. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request for a PUD amendment, subject to the conditions in the attached resolution. Action on this item requires a simple majority. Next Steps and Timelines: If the item is approved, the resolution would be recorded at Hennepin County and staff would be able to issue the building permit. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S: �Ploaning�Plonning Files �Applicotions�2020 Cases �5920 Club Valley Road Height PUDA�CAF 12 142020.docx CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 952.960.7900 - www.ci.shorewood.mn.us - cityhaII@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: December 1, 2020 RE: PUD Amendment to allow the height of a building to exceed 35 feet APPLICANT: Gonyea Homes LOCATION: 5920 Club Valley Road ZONING: PUD COMPREHENSIVE PLAN: Low Density Residential REVIEW DEADLINE: FILE NO.: 20.14 REQUEST SUMMARY February 16, 2021 The applicant has proposed modifying the height requirement for the new home to be constructed on Club Valley Road. Because the property is a PUD, requests for modifications to the original approval are considered amendments to the PUD rather than variances. Notice of this application was published in the City's official newspaper and mailed to all property owners within 750 feet of the property at least 10 days prior to the Planning Commissions public hearing. BACKGROUND Context: In 2015, the City Council approved a concept plan to develop the subject property for 142 single family residential lots and various outlots. In 2016, the City Council approved a development stage plan and final plat/development agreement for the first addition which included 73 lots. Page 2 In 2017, the City Council approved a final plat/development agreement for the second addition. The development agreement included two amendments: a) to the phasing plan to increase the number of lots in the second addition (to 53 lots) and reduce the number in the third addition (to 16) and b) to make a setback adjustment to allow window wells within the 10 foot setback and drainage and utility easement to be located as close six feet from the property line for some of the lots. The first addition was subsequently amended to include the change for window wells. In 2018, the City Council approved a final plat/development agreement for the third addition that included the final 16 lots and a PUD amendment for all three additions to allow taller homes on a select number of lots that were internal to the development. Staff were clear with both builders that they needed to identify all the homes in the subdivision that they proposed to have some flexibility with the height requirement at that time to avoid coming before the Commission and Council in a piecemeal fashion. This subject property was under contract during the amendment and the original home buyers were interested in a home that would have meet the height limit. Consequently, the applicant did not include the subject lot on the request for the amendment, nor were the homes on either side of the subject home included (5900 or 5920 Club Valley Rd) included. The original customers have since walked away from the purchase and the applicant stated they have had some difficulty selling the home with the models that meet the lower height limit. REQUEST PUD amendments are reviewed according to the same criteria as the original PUD/Rezoning. To review the application, staff used the following criteria: • Consideration of the specific policies and provisions of the Comprehensive Plan • Compatibility with present and future land uses in the area • Likelihood to depreciate the area • Accommodated by the existing public services COMPREHENSIVE PLAN The property is residential in an area classified residential before and after the proposed change. The Comprehensive plan has general standards which would apply to the any house construction, such as: • All new housing shall adhere to the highest community design, planning and construction standards • Maintain and strengthen, where necessary, the character of individual neighborhoods within the community COMPATIBILITY/ DEPRECIATE THE AREA The applicant has submitted the elevation drawing for the home they propose to build in addition to the plans for the homes on either side (attached). The difference in the height is solely in the roof design (see the attached exhibit from the applicant). Staff compared the building sections for the subject property and the plans submitted for the existing homes on either side. 5900 lies to the north of the subject property and 5940 to the south. The results are in the following table. Page 3 Address Basement Height Main Floor Height Upper Floor Height Roof Height Above the Upper Floor Building Height Based on the Existing code Building Height Proposed 5900 Club Valle 8' 10" 10,1" 8' 1" 12.5' 35' 31.5' 5920 Club Valley* 8' 10" 10,1" 8' 1" 14' 40' 35' 5940 Club Valle 8' 10" 10,1" 8' 1" 8' 35' 31' (*Subject Property) Impact to solar access: Because the applicant is proposing a home that exceeds the height regulations that apply for the home on the north side of the subject lot, staff looked at the proposed impact on solar access. The impact of the proposal is lessened by the following: • The angle of the homes: The homes are constructed at a curve in the street which means that the homes are also constructed at an angle to the southern exposure, which allows for greater sun access on the south and west sides of the homes. • The distance between the two homes: A storm sewer line runs between the two homes and there are greater setbacks between them because of that point. The home to the north (5900) was constructed approximately 23 feet from the property line and the proposed home would be constructed at approximately 21 feet from the property line. The additional distance between the two homes allows for greater sun access between the two homes as the shadow from the taller roof is less likely to impose on the home to the north. • The type of roof: The applicant is proposing a hip roof which allows for greater sun access than had the applicant proposed a gable roof up to the setback. EXISTING PUBLIC SERVICES The trail in the City's open space runs behind the home, however the closest point on the subject property is about 350 feet from the trail. The change in height would otherwise not affect the existing utilities or streets. RECOMMENDATION While staff do not believe that every house needs to be the exact same design or the exact same height, changing the rules after the adjacent homes are constructed is problematic. However, there are mitigating circumstances for the greater height at 5920 Club Valley Road, such as the angle of the homes to the street, the greater distance between the two homes, and the type of roof proposed. As a result, staff conclude that the impact of the change would be lessened and recommend approval of the request. Staff notes the city has more discretion with requests for PUD amendments and the Planning Commission could reasonably find either for or against the proposal. ATTACHMENTS: Location Map Applicants Narrative and Plans Surveys for 5920 and 5900 Club Valley Road S:\Plmniiig\PlamiiigFfles\Applicatims\2020 Cases\5920 Club Valley Road Heigbt PUDA\PC memo 12 1 2020.docx 5920 Club Valley Road Location Map _ -- 5845 AN 2456D 25 ¢i 24505 24485 24465 24506 2d52S [nl 24445 ---� _ I cm 24475 246U0 '�.' 24545 6} 24405 W20 [� 74585 � 5845 I 24595 —I 5225 n 24605 5075 I M45 R•i.'d"g'eP d l nlxC i 58." — 4} 5d65..41 _ 5?J95 m 24440 24406 5860 0Qi 5005 aw Y4AD 7 5965 SHAG 2d�-A 24405,, U f<r 245220 qy.6 C 594A P4O *# 2455�4C � � 24425 z 4 5955 2456h � � .: ail �"• 245HU 2dd65 �i 24-485 [�[} 24da5 _ 24505 n 2 jp5 5 tru M 3 iy 74545 2�41i5 5466 24585 pr, 5990 MD Vj 2"49 4+N ". 24d20 5995 - 60DD.1 �� 74484 [w qn 3 24270 GON'YE � HOMES & ' ! October 12, 2020 RE: Height Restrictions in Minnetonka Country Club 7 9 Lot 5, Block 7, Minnetonka Country Club 5920 Club Valley Road t�B V ii Marie Darling, Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Minnetonka Country Club PUD — Request for Amendment Dear Ms. Darling: As you know, in mid-201 S Gonyea Homes and Lennar requested an amendment to the Minnetonka Country Club PUD to allow a different means of determining the maximum height or homes in the subdivision. Both Gonyea and Lennar were running into difficulty meeting the maximum building height requirement as noted in Sec I.B. of the Minnetonka Country Club PUD Agreement. In our initial request to have the maximum building height we wrote: "Per the Agreement the maximum building height, as defined by the Shorewood Zoning Code, shall be two and one-hWstories or 35 feet, whichever is less. Reviewing this height regulation in the City Code we found that the measurement for the 35 feet, per the 1201.02 Definitions section of Chapter 1201 Zoning Regulations, shall be from "a distance measured from the "average land grade " to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof '. if the "average land grade" around the home is defined as the average grade around the home, both Builders can meet the requirement. However section 1201.02 of the code also has a definition of "Grade (Average .hand Grade) " that defines the "average land grade" as "the lowest point of elevation of the finished surface of the ground, paving or sidewalk... ", therefore making this restriction difficult to accommodate on walkout lots. For example, a typical basement height is 9 feet, typical P"floor main living space at this price range is 10 feet and typical 2"d floor elevation is again 9 feet high. Adding in two, floor systems at 1 foot 6 inches each gives a total of 31 feet before the roof structure. For our homes, even a 4112 pitch roof structure would use up more than the remaining 4 feet, therefore putting a typical walkout portion of a home over 35 foot maximum. " The requested amendment was passed by the City Council. As a side note, the amendment did not apply to lots that the rear of the lot faced inwards toward the development, or lots where we had already built homes or were in the process of designing homes. At that time, Lot 5/Block 7 1000 BOONE AVE N, SUITE 400 1 GOLDEN VALLEY, MN 55427 � PHONE 763.432.4500 FAX 763.432.4501 www.gonyeahomes.com MN BLDRS#2459 (5920 CWb V,-d1ey Road) was under contract and in the design process so it wasn't included in themotion to approve. Since dat titne, the, sale, fell throughand the lot was vacant for a year. We now have the lot under conh a diffferent buyer. The design. of their home meets the revised height requirements but not the requirements the City currently uses. We, would like to have the PUD amended. to include this lot. (Lot 5/Block 7) &q a lot that benefits from. the amendment. We appreciate your consideration of this request We are hopeful that the City Council will amend the PUS; had this lot not been under contract, oi.dd have. included in the original amendment request.. If thew are any questions, pleaseEeel free to contact me ay 61.2-868-5862 or C) Q O z O Fw QO >z wa J Z W n Dry U O� a= O(D aw a= II II II II II II II II -- H II II II W Z O F Q O F z O Fw QO >z wa J Z W n Dry U O� a= O(D aw a= 6 0 t: (46O z Z.—n m z>:Iq Z w -. . . E -;e z 0 x z a — 6 —. —, d> 0) w w cl, C� C'4 :% 8'*.ii ' o C,4 A 2 - z. 2 . 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In looking at all the houses Along Club Valley we would be opposed to any sort of variance beyond an additional 6-12" in height. Gonyea is a talented builder and it's hard to understand that a design can't be made to fit within the current PUD guidelines. We appreciate the city's notification and opportunity to offer our opinions on this matter Darcy Hield 24525 Niblick Alcove RESOLUTION 20-xxx CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN AMENDMENT TO THE MINNETONKA COUNTRY CLUB P.U.D. FOR 5920 CLUB VALLEY ROAD WHEREAS, Gonyea Homes (Applicant) has requested an amendment to the Minnetonka Country Club PUD to allow the building height to be measured from the average grade adjacent to the home to the average between the peak and eave on the roof to accommodate a taller roof height for the property legally described as: Lot 5, Block 7, Minnetonka Country Club, Hennepin County, Minnesota; and WHEREAS, the Applicant proposes to construct a home taller than would be allowed under the City's definition of building height, but consistent with 40 other homes in the Minnetonka Country Club PUD; and, WHEREAS, the Applicant's request dated, October 19, 2020 and November 2, 2020, was reviewed by the Planning Director, whose memo was forwarded to the Planning Commission for their meeting on December 1, 2020; and WHEREAS, the application was considered by the Planning Commission at a public hearing held on December 1, 2020, and the minutes of the meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on December 14, 2020, at which time the Planning Director's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council, from the Applicant, the public and city staff. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: The Applicant's request for an Amendment to the Minnetonka Country Club PUD to allow the building height to be measured from the average land grade adjacent to the home to the mid -point of the roof, consistent with an amendment previously approved for 40 other homes in the Minnetonka Country Club, is hereby approved based on the findings that the applicable standards have been met and in accordance with the plans submitted October 16 and November 2, 2020. 2. Prior to beginning any construction on the site, the applicant must acquire all required permits. 3. The City Clerk is hereby authorized and directed to record a certified copy of this resolution with Hennepin County. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 14th day of December, 2020. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk 7D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Conditional Use Permit for a Special Purpose Fence Location: 5730 Club Lane Applicant: Roger and Roberta Aronson Meeting Date: December 14, 2020 Prepared by: Emma Notermann, Planning Technician Review Deadline: January 19, 2021 Attachments: Applicants Narrative Planning Memorandum from the November 17, 2020 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At their November 17, 2020 meeting, the Planning Commission voted 3-2 to recommend approval of the conditional use permit for a special purpose fence, subject to three conditions: 1. The fence be 100% board on board. 2. The applicant will submit a landscape plan to be reviewed and approved by staff for the north side of the fence that abuts Smithtown Road. 3. The applicant will submit letters of consent from the west and south neighbors agreeing to the fence placement on the property line. Chair Maddy and Commissioner Eggenberger and voted against the motion. Chair Maddy stated that the intent of the code is to keep the neighborhoods and community open without big walls along the property lines. Commissioner Eggenberger stated that he did not feel that simply having dogs warrants a special purpose fence of this nature. The applicant was present at the meeting. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request to construct a special purpose fence that varies from the regulations of the Shorewood City Code subject to the conditions in the attached resolution. Proposed motion: Move to adopt the attached resolution approving a CUP for Roger and Robert Aronson to construct a special purpose fence subject to the conditions listed in the attached resolution for the property located at 5730 Club Lane. Action on this request would require a simple majority. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2020 Cases\\Aronson 5730 Club Lane CUP fence\\Council Staff Report\\CAF Memo.docx 17 Sept 2020 Attn: Planning Committee/City Council, Thank you for your time in consideration of our proposal for a Conditional Use Permit. We propose a 6' Residential District fence extending North from the North side of our home, not the front. There would be a gate in this section. This section would be greater than 30' from the intersection at the Northeast corner of the lot so as not to obstruct visibility at this intersection. The fence would turn West at a point greater than 8' South of our property line and extend West to our back property line. With our set back from the street, this would not obstruct visibility from our neighbor's (West) driveway. The fence would follow our property line to the Southwest corner of our lot. At that point it would extend East to the corner of our home, see survey. We have spoken with our neighbors to the West (side lot line) and South (side lot line). They both approve of a 6' fence along their respective property lines. This proposal reflects our efforts to enhance public welfare and avoid any detrimental effects on public health and safety. Our concern is that with a 4' fence our dogs would see people walking along the sidewalk on the South side of Smithtown Road. They would be inclined to bark at and disturb these walkers. This may startle people walking along a rather busy road, creating a possibly dangerous situation. With a 6' fence they would not see these individuals and would not bother them. Also, in the unlikely event that our 80# Goldendoodle jumped a short 4' fence it could create a significant safety issue for drivers along Smithtown Road. Our proposed 6' fence would create a peaceful and safer experience for those walking along the sidewalk. We all enjoy the beautiful outdoors. This is just our attempt to maintain this tranquility. Thanks again, Roger and Roberta Aronson CITY OF C a SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 • 952.960.7900 www.ci.shorewood.mn.us • cityhaII@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Emma Notermann, Planning Technician MEETING DATE: December 1, 2020 REQUEST: Conditional Use Permit- Special Purpose Fence APPLICANT: Roger and Roberta Aronson LOCATION: 5730 Club Lane REVIEW DEADLINE: February 23, 2021 LAND USE CLASSIFICATION: Low Density Residential ZONING: R-IC FILE NUMBER: 20.18 REQUEST: Roger and Roberta Aronson have requested a conditional use permit to construct a six-foot privacy fence on their property for the purpose of enclosing the rear yard. The request is considered a special purpose fence that requires a conditional use permit because varies in height, design, and location from the residential boundary fence regulations of the Shorewood City Code. Notice of this application and the public meeting was mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. BACKGROUND The property is zoned R-IC, Single Family Residential and contains approximately 19,856 square feet of area. The north side of the property runs along Smithtown Road. This portion of Smithtown Road is designated in the Shorewood Comprehensive Plan as a major collector. Applicable Code Sections: City Code Section 1201.03, Subd. 2111. provides for a conditional use permit to be obtained for any special purpose fence when the height, location and design vary from the residential boundary fence regulations. City Code Section 1201.03, Subd. 2.f.9.a(iii) regulates the setback for a fence in a rear yard that abuts the front yard of a neighboring property. Additionally, City Code Section 1201.03, Page 2 Subd. 219.b (ii) allows a total privacy fence to be erected no closer than eight feet from the property line and enclose no more than 25% of the required rear yard. ANALYSIS The fence in question will be located as shown on the attached plans, extending across the north side of the applicants' property, for approximately 120 feet and eight feet back from the right-of-way of Smithtown Road, along the length of the rear property line and then along a portion of the south property line in the rear yard. The applicant is proposing the fence to increase privacy in their backyard. They would specifically like to give their dogs additional shielding from Smithtown Road and the pedestrian path that runs along the north side of their property, that would not be provided with a 4-foot fence The proposed fence varies from the regulations of City Code Section 1201.03, Subd. 219- Residential District Fences in three ways: height, setback and design. Height: City Code Section 1201.03, Subd. 219.a. does not allow for a six-foot boundary line fence to be placed on residential properties that abut a public street. The code would allow for the fence to be up to four -feet high. Therefore, the proposed fence would be varying from these height regulations. The applicants have proposed a six-foot tall fence along Smithtown Road to shield their property from both the road and the path. The applicants have dogs that would benefit from a fence taller than four feet. With a six-foot tall fence, the dogs would be blocked from seeing pedestrians on the path, which would discourage barking, and they would be more secure inside the yard. Setback: The applicant proposes to construct a six-foot tall fence to fully enclose the rear yard. The required setbacks for a six-foot fence are shown in the following table. Yard Required Setback Proposed Setback Front, Side abutting a public street 35 feet 10 feet Interior side 8 feet* 0 feet Rear 8 feet* 0 feet *For a total privacy fence Along the north property line, the fence would be setback approximately 10 feet from the property line, which would make it setback approximately 30 feet back from the edge of the road. The 30-foot distance leaves enough room to avoid obstructing the view of Smithtown Road from the driveway of 24905 Smithtown Road. Design: City Code Section 1201.03, Subd. 2.f.9.a(vii) states that all residential boundary line fences must be constructed to have 25% of the plane from the ground to the top of the fence open. Except that a property owner may have a full six-foot privacy fence that encloses no more than 25% of their rear yard, at a point 8 feet beyond any property line in their rear yard per City Code Section 1201.03, Subd. 2.f.9.b (ii). The proposed fence is a solid privacy fence that would enclose the entire rear yard and would therefore vary from these regulations as well. The total privacy fence is intended to give the property owners some additional screening from the car and pedestrian traffic off Smithtown Road. Page 3 FINDINGS/RECOMMENDATION Staff finds the special purpose fence condition use permit request does not cause any adverse effects on the general welfare, public health, and safety due to the following reasons. The proposed use, and its related construction, would be consistent with the policies and provisions of the Comprehensive Plan. Fences up to six feet are a conditionally allowed use in residential districts. Although the proposed fence varies slightly from the provisions of the City Code, it is not inconsistent with a reasonable use of the property, especially considering the proximity of the rear yard to Smithtown Road. The proposed fence would be compatible with present and future residential land uses in the area and would not tend to or actually depreciate the area in which it is proposed. The proposed fence would add additional privacy and security to a property that abuts a busy road on one side. The proposed fence would be accommodated with existing public services including public streets, as it is proposed to be located entirely on the applicant's property and setback adequately from the right-of- way of Smithtown Road. The establishment of the proposed special purpose fence would promote and enhance the general public welfare by providing additional security for the property owners and their dogs and by shielding the dogs from any activity that may provoke barking. The fence would not be detrimental to or endanger the public health and safety of any adjacent property owners or car or pedestrian traffic due to the adequate setback from Smithtown Road. By obtaining a conditional use permit, the proposed fence would conform to the applicable regulations of city code that allow for a special purpose fence. These criteria are open to interpretation and consequently, the Planning Commission could reasonably find otherwise. Should the Planning Commission recommend approval of the special purpose fence conditional use permit, staff recommends that the applicant be required to acquire all necessary permits prior to constructing the fence. ATTACHMENTS Location map Applicants' narrative and plans City Code Section 1201.03, Subd. 2.f- Fences Page 4 5730 Club Lane Location Map . ' F 40 Pell ! 4i� 4 A�' f�, Tr ¢ 17 Sept 2020 Attn: Planning Committee/City Council, Thank you for your time in consideration of our proposal for a Conditional Use Permit. We propose a 6' Residential District fence extending North from the North side of our home, not the front. There would be a gate in this section. This section would be greater than 30' from the intersection at the Northeast corner of the lot so as not to obstruct visibility at this intersection. The fence would turn West at a point greater than 8' South of our property line and extend West to our back property line. With our set back from the street, this would not obstruct visibility from our neighbor's (West) driveway. The fence would follow our property line to the Southwest corner of our lot. At that point it would extend East to the corner of our home, see survey. We have spoken with our neighbors to the West (side lot line) and South (side lot line). They both approve of a 6' fence along their respective property lines. This proposal reflects our efforts to enhance public welfare and avoid any detrimental effects on public health and safety. Our concern is that with a 4' fence our dogs would see people walking along the sidewalk on the South side of Smithtown Road. They would be inclined to bark at and disturb these walkers. This may startle people walking along a rather busy road, creating a possibly dangerous situation. With a 6' fence they would not see these individuals and would not bother them. Also, in the unlikely event that our 80# Goldendoodle jumped a short 4' fence it could create a significant safety issue for drivers along Smithtown Road. Our proposed 6' fence would create a peaceful and safer experience for those walking along the sidewalk. We all enjoy the beautiful outdoors. This is just our attempt to maintain this tranquility. Thanks again, Roger and Roberta Aronson OF, — ze, — P Beal rv"ban ,naaaa Pa�b��aa�am ado n w _ �re =e o zo do �9E25697 1 o- o I 6- nl✓ ��\ �a�A`hzuD ____ �vs. �: Ir - — r -- 9 I \ sna.o �'os" 'Ti6 zz� n 0 m ^ I ro m r a a o a zv o �mry o so�zzzo -s eo a zPoa�cnury dzx �n"Jx \ L J ze.z (efi1x9 smo t39e ' — 1 f o I $ Utee f,be boon ma lencele orade In, s�o 0 zzs o � i. Mll �..... ...; 2��,< �� nxl M . / SURVEYLEGEND __________________ wee"___________ ------------------- - ' ______-----------------(z3a.s�r�[as) _— _____________________________'f ______ ___^'i 1 / mo, li • casr ireory Morvuucrv* cniew easeN d s ory woe w uvou* asvnnory s of aow � s s O s v rlEwoin �allo reo(E ' ' ®s © s e a11D LNIHI ® w Den roos[o=s •�i.v di ILITHI sszsznarvc urvocrecreaury A'TIHLT'HIA�N"�'1'1'1.'NTII�T"IITAHN�ILIEEGI-.ATET "NE. OFPLacEnnENrsKErcH Erz oNLr FOR BUILDERS REVIEW SATHRE-BERGQUIST, INC. w { wn rurn, nnrv. ss3vi (�sz7 arsaoao "E'`°'"' CERTIFICATE OF SURVEY PREPARED FOR: ART CRAFT HOMES n°. 0 SHOREWOOD, MINNESOTA Shorewood Zoning Regulations — City Code Section 1201.03, Subd. 2.f. — FENCES pg. 1/3 f. Fences - general requirements. (1) Permit required. No person, firm or corporation shall construct or erect any fence without first securing a building permit. (2) Locations. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that the fence may be erected on the property line of the respective properties. No boundary line fence shall be erected closer than three feet to an existing parallel boundary line fence. (3) Surveys. The Building Official may require an applicant for a fence permit to establish his or her true boundary line by a survey thereof to be made by a registered land surveyor. (4) Construction and maintenance. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in the condition as to not become a hazard, eyesore or public or private nuisance. All fences shall be so constructed that the finished side faces away from the fence owner's lot. Any fence which endangers the public safety, health or welfare shall be considered a public nuisance and abatement proceedings may be instituted by the proper city official if within 15 days after notification the owner of the fence has not undertaken the necessary repairs himself or herself to abate the nuisance. Link fences, where permitted, shall be constructed in a manner that no barbed ends shall be at the top. (5) Nonconforming fences. All fences existing on the date of the adoption of this chapter, but not conforming herewith, except as to height restrictions, shall conform and be subject to the terms of this chapter. If at any time a nonconforming fence shall be damaged to the extent of more than 25% in any plane, then without further action by the Council, the fence shall, from and after the date of the damage, be subject to all the regulations specified by these zoning regulations. Any fence which is damaged to an extent of less than 25% may be restored to its former extent. It is the intent of this section that all nonconforming fences shall be eventually brought into conformity. (6) Prohibited fences. Electric fences shall not be permitted except in conjunction with the issuance of a horse permit pursuant to Chapter 702 of this code and shall be removed upon expiration or revocation of a horse permit. Barbed wire fences shall not be permitted except as hereinafter provided. Fences of the picket, rail or slat types shall be so constructed that the spaces between the pickets, rails or slats shall be greater than 12 inches or less than six inches. Wire fences which are not readily visible shall be prohibited except where attached to a wooden or other fence of opaque material which is itself plainly visible. (7) Required fences, swimming pools. Outdoor swimming pools with a capacity of 1,500 gallons or with a depth of three feet or more of water shall be adequately fenced to prevent uncontrolled access from the street or adjoining property. The pools shall be completely enclosed by a nonclimbable fence at least four feet in height. Shorewood Zoning Regulations — City Code Section 1201.03, Subd. 2.f. — FENCES pg. 2/3 (8) Shoreline fences. No fence shall be allowed within the shoreline setback area as specified in § 1201.26 Subd. 5a(3) of this chapter. In addition, fences on or adjacent to the shoreline of any navigable lake, channel or stream or on or along that portion of a lot line extending from a navigable lake, channel or stream to the near side of the average building construction line, shall not exceed four feet in height. (9) Residential District fences. (a) Boundw)) line fences. In all parts of Shorewood which are zoned residential, no boundary line fences shall exceed four feet in height, except that: (i) Fences on all corner lots erected within 30 feet of the intersecting property line shall be subject to subdivision 2h of this section; (ii) Fences along any rear property line which is also the rear property line of an abutting lot shall not exceed six feet in height; (iii) Fences along a rear property line, which line constitutes the side lot line of an abutting lot shall not exceed six feet in height for a distance as calculated in (iv) below and shall not exceed four feet in height when abutting a front yard line; (iv) Subject to other restrictions within this section, fences may be constructed to a height of six feet on or along the side yard property line from the rear lot line to the required front yard setback line; (v) In those instances where a fence exists as an enclosure which restricts access from the front to the rear yard, a gate, identifiable collapsible section or other means of recognizable ingress shall be provided for emergency vehicles. The ingress shall be unobstructed and a minimum of ten feet in width. The location of the ingress points shall be positioned at any point paralleling the front lot line, between the side lot property line and the principal structure; (vi) All boundary line fences in residential districts shall be constructed in a manner that at least 25% of the plane between the ground and the top of the fence constructed is open; (vii) Fences in yards abutting an intermediate arterial or minor arterial street, as designated in the Shorewood Comprehensive Plan, may be constructed to a height of six feet in a front or side yard abutting the arterial street, by conditional use permit as provided for in § 1201.04. In addition the following conditions shall apply: A. The fence shall be located no closer than eight feet to the property line; B. A landscape plan for the above -referenced eight foot setback area must be submitted in compliance with § 1201.03 subd. 2.g. of this chapter; C. The fence shall not obstruct traffic visibility. Shorewood Zoning Regulations — City Code Section 1201.03, Subd. 2.f. — FENCES pg. 3/3 (b) Interior yard fences. (i) Any fence erected within any portion of the required front yard shall not exceed four feet in height and shall be at least 25% open. (ii) Within a rear yard, at a point eight feet beyond any property line, a solid fence up to six feet in height may be erected as a total enclosure. The enclosure shall not exceed 25% of the required rear yard area and shall have adequate means of emergency access. (iii) Chain link or woven wire fences (without slat screens, canvas or other screening material opaque in nature) used for the enclosure of tennis courts or other recreational purposes shall not exceed ten feet in height. (10) Commercial District fences. Fences in all Commercial Districts shall not exceed eight feet in height, except that: (a) Boundary line fences abutting R Districts shall conform to those regulations applicable to the R District; (b) Security fences: (i) Fences which are erected primarily to secure a particular area may have "arms" not to exceed 36 inches in length, located a minimum of six feet and a maximum of eight feet above ground level, on which arms barbed wire may be strung; (ii) A survey establishing the true boundary line must be made by a registered land surveyor and submitted to the city; (iii) Fence arm extensions may not extend across an abutting property line or over any public right-of-way; (c) Fences erected within the required front yard area shall not exceed six feet in height and shall be of a chain link or woven wire construction which affords maximum visibility. (11) Special purpose fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by issuance of a conditional use permit. (12) Fence height. The height of fences prescribed herein shall be considered to be the maximum height allowed. Fence posts may extend above the specified height by no more than eight inches. RESOLUTION 20-130 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SPECIAL PURPOSE FENCE FOR THE PROPERTY LOCATED AT 5730 CLUB LANE WHEREAS, Roger and Roberta Aronson (the “Applicants”) have applied for a conditional use permit for a special purpose fence at their residence addressed as 5730 Club Lane in the R-1C district, on the property legally described as: That part of the east 235.09 feet of Lot 39, Auditor’s Subdivision Number 133, lying north of a line parallel with and 259.15 feet north of the south line of said Lot 39, Hennepin County, Minnesota, WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of fences that vary in height, location and design from the regulations for residential zoning districts; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of a six-foot high fence in their rear yard, where a maximum four-foot fence is allowed; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of a six-foot high fence with a ten-foot setback from their north property line that abuts Smithtown Road, where a 35-foot setback is required; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of a total privacy fence enclosing their entire rear yard, where a fence that has 25 percent opacity from ground to top or a total privacy fence only enclosing 25 percent of the rear yard is allowed; and WHEREAS, the Planning Commission considered the request for a conditional use permit for a special purpose fence and held a public hearing at its regular meeting on December 1, 2020, at which time the planning staff memorandum was reviewed and comments were heard by the Applicants and the public; and WHEREAS, The City Council considered the request for a conditional use permit for a special purpose fence at its regular meeting on December 14, 2020, at which time the Planning Commission’s recommendations were reviewed and comments were heard by the Applicants, staff, and the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in an R-1C, Single Family Residential zoning district. 2. The north boundary of the property abuts Smithtown Road, which is designated as a collector street in the Shorewood Comprehensive Plan. 3. The proposed fence is located approximately ten feet from the north (side) property line. 4. The proposed fence is a total privacy fence. 5. The proposed fence encloses the entirety of the rear yard. 6. The proposed fence is located on the west and south property lines. 7. The Applicant’s proposal is identified on plans dated October 26, 2020. CONCLUSIONS 1. The Applicants’ request for a full privacy fence (100 percent opaque) is hereby denied, the constructed fence must meet the requirement for 25 percent opacity from ground to top as required by the City’s zoning regulations based on the finding that the privacy fence would negatively affect the present and future land uses in the area. 2. The Applicants’ request for a six-foot fence to be installed as shown on the plans submitted on October 26, 2020 is hereby approved based on the finding that the request has satisfied the criteria for granting a conditional use permit for a special purpose fence under the Shorewood City Code, subject to the following conditions: a. Prior to construction of the fence, the Applicants must request and receive a zoning permit. b. The Applicants design the fence to be board on board or another fence style that meets the requirements for 25 percent opacity, as required by the zoning regulations. c. The Applicants will provide written consent from the neighbors to the west and south approving the fence location on the property line. d. The Applicants shall submit a landscape plan with the zoning permit application. The landscape plan shall define how the applicants will soften the look of the fence on the street side of the fence that abuts the property line along Smithtown road. 3. The conditional use permit shall expire one year after approval unless the applicants have completed the fence. 4. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. 2 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA th this 14 day of December, 2020. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk 3 #7E MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Zoning Regulations Amendments — Chapter 1201 Miscellaneous Updates and Amendments Applicant: City of Shorewood Meeting Date: December 14, 2020 Prepared by: Marie Darling, Planning Director Attachments: Planning Commission Memo from the November 17, 2020 Meeting Redline version of ordinance Ordinance Resolution for Summary Publication Background: The attached amendments are proposed to update the zoning ordinance and keep the regulations up to date and minimize the need for a complete replacement and to reduce lawsuits from aging regulations. The Planning Commission and staff have been working on these revisions for about a year. At their November 17, 2020 meeting, the Planning Commission held a public hearing on the zoning regulations. At that meeting, one adjustment was made to the language regarding the amount of time that a resident could have two homes on one property with an interim conditional use permit. With that change, the Commission unanimously recommended approval. Although there was no public testimony at that meeting, residents attended previous meetings and made suggestions for and against various lighting regulations. The majority of the amendments are proposed to increase clarity in the regulations, update the administration of CUPS, PUDs and zoning permits, address changes to zoning regulations required from other levels of government, and amend the code as suggested by Council from time -to -time. The largest addition to the ordinance involves the addition of lighting regulations. Example of Clarification of regulations: The definition of building height has caused some consternation among builders and architects as the definition requires building height to be measured from the average land grade to the average between peak and eave on the highest roof plane. However, the average land grade is defined as the lowest grade around the periphery of the home. Staff proposes to change the definition to be from the lowest land grade to the average between peak and eave. This amendment is proposed to decrease misunderstandings in how the regulations are to be applied. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S: �Plmming�Plonning Files �Applicotions�2020 Cases�Miscelloneous code amendments�Updote�CAF Memo.docx Example of updating the administrative processes: The PUD regulations are proposed to be amended to correctly refer to state statute regarding the 60- day rule and requirements for information in public hearing notices. Staff and the Commission also recommend that the number of public hearings for the concept stage be reduced to one from the current two (one at Planning Commission and one at City Council) to reduce the cost of publication. Also, it is staffs position that publishing notice in the papers is the least successful way to encourage public attendance at meetings, and such publications should be kept to a bare minimum. Additionally, the specific conditions of approval of the PUD should be reflected in the approving resolution. Example of Zoning Change required by another governmental jurisdiction: Several years back, the Federal government approved the RLUIPA (Religious Land Uses and Institutionalized Persons Act). One of the tenets of this regulation was to prevent cities from prohibiting religious institutions (RI) in zoning districts that allowed other assembly uses. For example, in Shorewood's C-1 zoning district, several assembly uses are permitted, including private clubs and commercial recreation, but not RI. The City would not be able to prevent a RI from operating in this zoning district without challenge by the RI. As a result, RI was added as a definition and references to churches were changes to Rls. Example of a zoning change suggested by the City Council: During the review of two variance applications, Council requested that staff amend the code so that all homes could have an open portico addition that protrudes into the required setback, instead of limiting such protrusions to those proposed on homes constructed prior to 1986. That change is included in the amendments. Other changes include allowing digital confirmation signs at drive - through windows and allowing egress window pits to protrude into front yards, rear yards, and side yard abutting a public street. Financial or Budget Considerations: To reduce the cost of publication, staff has attached a resolution approving a summary publication of the attached ordinance. Recommendation / Action Requested: Staff recommends approval of the attached ordinance amending Chapter 1201 of City Code and the summary publication resolution. Two separate motions are required for action, one on the ordinance and one on the resolution for summary publication. Action to approve the ordinance requires a simple majority to adopt and approval of the resolution for summary publication requires a super -majority. Next Steps and Timelines: The ordinance would take effect as soon as it is published. CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952-960-7900 www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: November 17, 2020 RE: Update of Zoning Ordinance — Miscellaneous Text Amendments Attached are amendments to the zoning, subdivision and nuisance regulations. The amendments are split into two groups — Housekeeping (H) or Substantive (S). Housekeeping regulations are self-explanatory; they provide clarification or correct references, grammar, spelling, spacing, etc., as well as make changes that were discussed or directed during the review of various variance or PUD applications. Only a few are presented separately below. The substantive amendments reflect a significant change in process or regulations and are explained below individually. Lighting regulations Earlier this year, the Planning Commission received a request from a resident living across Chaska Road from Shorewood Landings for relief from the holiday lighting impacts. The Planning Commission and City Council both discussed making some -changes to the lighting regulations, although the City Council indicated that there should be fewer changes for lighting for single-family properties. Zoning ordinances are not retroactive; the new regulations would be applied for properties moving forward. Nuisance ordinances may be applied to existing properties. The proposed lighting regulations were drafted primarily to reduce glare and off -site impacts for non- residential lighting and for residential properties with apartments larger than six units. The lighting section would be split into two groups: Regulations to prevent glare (1201.03 Subd. 2. i.) : Modernizes the language and includes language addressing both direct lighting and indirect (spill) lighting. Staff included language addressing spotlights and floodlights in this section and such requirements would be subject to all uses city-wide. Regulations to control brightness (1201.03 Subd 2. v.): The regulations were drafted to limit mounting height, brightness, color, shielding, etc. and developers would be responsible for providing information on the site lighting with other development review details. Properties would be allowed a maximum number of lumens based on the total area of impervious surface, with some additional lumens allowed for gas stations and drive-thru service windows. Page 2 Allowing two homes on a property Because conditional use permits are typically used for permanent additions, staff drafted this amendment to alter the process to an interim use permit instead of a conditional use permit to reflect the temporary nature of the request. Staff also recommends increasing the amount of time the property owner can keep a second home on the property as construction duration is increasing with the size and complexity of new homes. The regulations are drafted to allow a specific amount of time for the home to be removed. In this case, the home would need to be removed within two weeks of when the new home is connected to the water supply. Allow portico additions to encroach into the front setback in all districts During the review of a variance application in 2018 and again earlier this year, Commission and Councilmembers suggested that a portico or uncovered deck may be an appropriate feature to allow into the required yard for all homes, not just those constructed prior to 1986. The proposed regulations would open up the encroachment to all homes. Egress pit encroachments During the review of a PUD amendment for the Minnetonka Country Club, the City Council considered whether it would be appropriate to allow egress pits the ability to encroach into yards for homes outside the Minnetonka Country Club. Because homes in older subdivision may not have had an extensive drainage review, staff propose to allow the egress pits in required front, side abutting a public street or rear yards, but preserving the 10-foot side -yard setbacks for homeowners to have some ability to correct drainage problems between homes without a permanent structure in the way. Digital order signs This amendment is to allow all drive-thru businesses the ability to add a digital order confirmation board as a separate sign rather than having to combine it with their menu board. This amendment was discussed originally during the review of the Starbucks variance request for the separate order station. Zoning permits The list of uses and projects in the code that require a zoning permit doesn't match the current practice. The permits are supposed to be used for checking setbacks and impervious surface coverage where no other permit is required. Two uses currently listed in the code aren't affected by dimensional/hardcover regulations and staff has rarely processed a permit for either: irrigation systems and underground pet fences. Additionally, another listed use is for tents and canopies for periods longer than 2 weeks, but the zoning regulations don't allow those structures except as permitted for outdoor sales through a conditional use permit. Also, common practice has included issuing zoning permits for temporary signs, decks that don't require permits, patios, sidewalks and similar. Consequently staff has added those uses to this section. PUD process The current PUD requirements are process intensive. For example, the concept plan requires multiple public hearings, one at the Planning Commission and one at the City Council. Each hearing requires separate publication in the official newspaper and mailed notices to neighbors. Published legal notices are the least effective means to convey information to the public and the most expensive. Staff propose to limit the public hearings to one at concept stage and one at development stage and a mailed notice for each of those public hearings. Both public hearings would be held in front of the Planning Commission. Additionally, staff have updated the regulations to require that the custom features in a PUD be reflected in a resolution rather than a development agreement and require development agreements for projects where public improvements are proposed or subdivision are part of the approval. Page 3 Originally, the planning commission also reviewed changes to the subdivision and nuisance regulations, but staff have separated those amendments and will forward them at a later date. ATTACHMENT Table of Proposed Amendments Draft Ordinance (in strikeout/underscore format) Table of Proposed Revisions Amendment S/H Reason for Revision Page # 1A H Amend section title to indicate that the definitions apply throughout the chapter 1 1B H Amend definitions referring to grade to improve clarify 2-3 2 H Remove definition of church and add definition of religious institution 3 3 H Change definition to reflect current practice 4 4 H Remove dimensions from definition and update consistent with 1201.03 Subd. 14 5 5 H Correct definition to reflect practice 7 6 H Remove definition of grade (average land grade) and combine with other definitions 7 7 H Clarify definition to reflect practice 7 8 H Correct spelling 8 9 S Add lighting related definitions to provide additional regulations 8 10 H Add definition of religious institution 13 11 H Change reference from church to religious institution 15 12 S Change process for the temporary allowance of two structures on a lot from conditional to interim use to reflect temporary nature of approval 20 13 H Change process to reflect current practice 20 14 H Add language to reflect current practice 21 15 H Change regulations to reflect recent change in right-of-way regulations and reflect current practice 21 16 H Grammar correction 21 17 S Clarify glare regulations 21-22 18 H Correct district references 22-23 19 S Add lighting regulations 23-25 20 S Allow additional improvements within required setbacks as discussed in variance and PUD amendments 26-27 21 H Update references 27 22 H Grammar correction 28 23 H Preserve drainage and utility easements for those purposes 28 24 H Change references 29 25 H Add materials to list of allowed and prohibited fagade materials. Amend regulations to apply consistently to a 150 sq ft structure. 30 26 H Add a maximum height for directional signs 31 27 H Correct spelling error 32 28 H Allow digital order confirmation signs in addition to menu boards for drive-thru service windows as discussed during a variance application 32 29 H I Change process to correct current practice 33 30 H Remove prohibition on specific home occupation to avoid duplication in section 502 of City code. 33 31 H Correct reference to terms used elsewhere in the zoning regulations 33 32 H Correct district references 33 33 H Add PUD district to solar regulations and correct reference to current practice 34 34 H Add 15.99 reference to CUPs and change process to reflect current practice 34-35 35 H Add 15.99 reference to variances 37-39 36 H Add 15.99 reference to zoning permit and change permit process to reflect current practice 39-40 37 H Correct use references and remove uses unlikely to occur in the R-1A 41 38 H Correct use references in the R-113 41 39 H Correct reference in the R-2A 42 40 H Correct reference in the R-C 42 41 H Add religious institutions and parks as permitted uses in the C-1 43-44 42 H Remove extra space and correct lighting references in the C-1 45-49 43 H Correct lighting references in the C-2 50-51 44 H Add the reference to the permitted uses in the L-R and correct lighting references 52 45 S Correct the PUD process for general procedures and concept plan to reflect current practice and state statute 52-55 46 S Correct the PUD process for development plan to be consistent with state statute and current practice 55-56 47 S Correct the PUD process for final plan to be consistent with state statute and current practice. Allow final plan approval to last one year 57 ORDINANCE 575 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AMENDMENTS TO SECTION 1201 (ZONING REGULATIONS) OF CITY CODE Section 1: City Code Section 1201.02 (Definitions) is hereby amended as follows: 1201.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply. ACCESSORYAPARTMENT. A small apartment that meets the standards of § 1201.03, Subd. 22. of this code, and is located within and is subordinate to an owner -occupied, single-family dwelling. An ACCESSORY APARTMENT shall not be considered to be a dwelling unit, even if it allows fully independent living. ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building, structure, or use, whether attached or detached, that is located upon the same lot on which the principal main building or use is situated and which is reasonably necessary, appropriate, and incidental to the conduct of the primary use of the principal building or main use. Accessory buildings typically include, but are not limited to, garages, sheds, storage or workshop areas, treehouses, docks, gazebos, and the like. Accessory structures typically include, but are not limited to, lights/light poles, fences, mailboxes, and the like. AGRICULTURAL LAND. Continuous acreage of ten acres or more, primarily used for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture or animal or poultry husbandry. ANTENNA SUPPORTSTRUCTURE. A building, water tower or other structure, exceptatower, which can be used for location of telecommunications facilities. APARTMENT. A room or suite of rooms, located in a building containing three or more similar units, which is designed for, intended for or occupied as a residence by a single family or an individual and is equipped with cooking and sanitation facilities. (SeeD WELLING -MULTIPLE- FAMILY.) AQUIFER RECHARGEAREAS. All land surface areas which by nature of their surface and/or subsurface characteristics are determined to contribute to the replenishment of subsurface water supplies. AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; painting; vehicle steam cleaning. AUTOMOBILE REPAIR - MINOR. Minor repairs, upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, butnot including any operation specified under AUTOMOBILE REPAIR -MAJOR. AUTOMOBILE WRECKING or JUNK YARD. Any place where two or more vehicles not in running condition or not licensed, or parts of vehicles, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of the motor vehicles or parts thereof, and including any commercial salvaging and scavenging of any other goods, articles or merchandise. AWNING. A temporary hood or cover which projects from the wall of a building and of a type which can be retracted, folded or collapsed against the face of a supporting building. BALCONY. (See DECK.) BASEMENT. A portion of a building located partially underground, but having less than the one-half its floor to ceiling height below the lowest land grade. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building. BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad rights -of -way or unsubdivided acreage. BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff): a. Part or all of the feature is located in a shoreland area; b. The slope rises at least 25 feet above the ordinary high water level of the waterbody; C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and d. The slope must drain toward the waterbody. BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff. BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided to three or more persons, not of the principal family thereon, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten persons. BOULEVARD. The portion of a street right-of-way not occupied by pavement. BUILDABLE AREA. The portion of a lot, excluding wetlands, remaining after required yards have been provided. 2 BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING HEIGHT. A distance to be measured from the lowest land grade to the top of a flat roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building. BUILDING -INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings. BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions. BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold or where services are offered for compensation. CELLAR. A portion of a building having more than one-half of the floor to ceiling height below the lowest land grade. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building. CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically. CLUB or LODGE. A club or lodge is a nonprofit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. COMMERCIAL RECREATION. A facility having various activities for amusement, recreation or entertainment such as bowling alley, cart track, golf course or driving range, pool hall, dance hall, skating rink, trampoline center, theater, boat rental, amusement rides, campgrounds and similar uses. COMMERCIAL TRAILER. A trailer that transports property, materials and/or machinery used for an occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial trailer does not negate its designation as commercial. COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services. COMMERCIAL VEHICLE. A self-propelled vehicle thattravels along the ground on wheels and transports persons, and/or transports or pulls property, materials and/or machinery used for an occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial vehicle does not negate its designation as commercial. CONDITIONAL USE. A use that, because of special control problems the use presents, requires 3 effectuation of reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Land Use Plan. CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents. CONDOMINIUM. A multiple dwelling containing individually -owned dwelling units and jointly- owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 to 515.19, as may be amended. CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food or drink in or on disposable containers in individual servings for consumption on and off the premises or may include a drive-thru service window. COOPERATIVE (HOUSING). A multiple -family dwelling owned and maintained by the residents and subject to the provisions of M.S. §§ 290.09 to 290.13, as may be amended. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership. DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the recipient's own home. DAY CARE FACILITIES include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services. DECK. A flat -floored roofless platform adjoining a dwelling, used primarily for recreation. DEPARTMENT STORE. A business that is conducted wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished. DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein. DIVISION. A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream. DOCK. Any wharf, pier or other structure or combination of wharves, piers, or other structures constructed or maintained in or over a waterbody, whether permanent or temporary, including all "Ls", "Ts" or posts which may be a part thereof. DOG KENNEL. Any place where three dogs or more, over six months of age, are boarded, bred or offered for sale but not including veterinary clinic. DRAINING. The removal of surface water or ground water from land. 11 DREDGING. To enlarge or clean out a water body, watercourse or wetland. DRIVE-IN FACILITY. A facility that accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed. DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one -family, two-family and multiple -family dwellings, but not including hotels, motels and boarding houses. DWELLING - MULTIPLE -FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. (See APARTMENT.) DWELLING -SINGLE-FAMILY. A dwelling designed exclusively for occupancy by one family. a. ATTACHED. A dwelling which is j oined to another at one or more sides by a parry wall. b. DETACHED. A dwelling unit not attached to another dwelling or structure. DWELLING - TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other. a. DOUBLE BUNGALOW. A two-family dwelling with two units side by side. b. DUPLEX. A two-family dwelling with one unit above the other. DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, boarding or rooming houses or recreational vehicles. EARTHSHELTERED DWELLING UNIT. A structure which complies with applicable building standards and which is constructed so that: a. 80% or more of the roof area is covered with a minimum depth of 12 inches of earth; and b. 50% or more of the wall area is covered with a minimum depth of 12 inches of earth. EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove. ELDERLYHOUSING. A dwelling or group of dwellings where the occupancy is restricted to persons 62 years of age or older, or which qualifies as housing for older persons under the Federal Fair Housing Act. ENGINEER. A registered professional engineer licensed by the State of Minnesota. ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. FAMILY. One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children, together with not more than one person not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of three or fewer persons living in the housekeeping unit shall be considered a separate family for the purpose of this code. 5 FARM. (See AGRICULTURAL LAND.) FENCE. A partition, structure, wall or gate erected as a dividing marker, barrier or enclosure. FENCE - BOUNDARYLINE. All fences located within eight feet of a property line. FENCE - INTERIOR YARD. All fences located eight feet beyond a property line. FILLING. The act of artificially depositing any rock, soil, gravel, sand or other material. FIRE LANE. A portion of a platted or dedicated public right-of-way extending to Lake Minnetonka or Lake William and as is designated and numbered on the Official Zoning Map. FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland waters; or b. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD PLAIN. Any land susceptible to being inundated by water from any source. (See definition of FLOOD.) FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use as measured from the inside of the building. For non-residential buildings, floor area shall include accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. However, the floor area for non-residential buildings shall not include: basement floor area other than area devoted to retailing activities, the production or processing of goods or to business or professional offices. FLUSH -MOUNTED SOLAR ENERGYSYSTEM. A roof -mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than ten inches above the roof. GARAGE -PRIVATE. An accessory building or accessory portion of the principal building which is intended primarily for and used to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on. GARAGE - PUBLIC. Any garage other than a private garage. GRADING. Changing the natural or existing topography of land. GREENHOUSE. An enclosed building, constructed at least 75% of glass or similar other transparent or translucent, rigid material, which is used to maintain suitable conditions under which plants may be grown. GUEST ROOM. A room occupied by one or more guests for compensation and in which no provision is made for cooking. I HOME OCCUPATION. Any business, occupation, or profession engaged in by the residents of the dwelling when conducted within the dwelling, accessory building, or on the parcel of land containing the dwelling unit. HOTEL. An establishment, including a motel, resort, boarding house, lodging house, bed and breakfast, furnished apartment house, short-term rental unit not in a residential district, or other building, which is kept, used or advertised as, or held out to the public to be, a place where sleeping and/or housekeeping accommodations are supplied for pay to guests for transient occupancy. IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or roots cannot penetrate. The following shall not be considered impervious surfaces: a. Cantilevers no greater than two feet from the side of the structure and at least four feet above the adjacent grade. b. Overhangs no greater than two feet from the side of the structure. INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block. INTERIM CONDITIONAL USE. A temporary use of property until a particular date, until the occurrence of a particular event or until the use is no longer allowed by zoning regulations. INTERIM CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in § 1201.04 of this code. INTERMITTENT. A stream or portion of a stream that flows only in direct response to precipitation. JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles. LAND RECLAMATION. The process of the reestablishment of acceptable topography (i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land. LIGHTING RELATED - a. BACKLIGHT. Light trespassing behind the fixture from the light source toward the ground. b. FOOTCANDLE. The international unit of illumination intensity on a surface. C. FULL CUT-OFFLUMINAIRE. A luminaire with no direct up -light either directly from the light source or any diffusing element or by any indirect reflection or refraction. d. GLARE. Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility. e. IDEALLY ORIENTED. A luminaire mounted with the backlight portion of the light output oriented perpendicular and toward the property line. f. NOT IDEALLY ORIENTED. A luminaire mounted in anyway other than with the backlight portion of the light output oriented perpendicular and towards the property line. 7 g. SHIELDED LUMINAIRE. A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the light source or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire is projected away from adjacent properties or public streets. h. UPLIGHT. A light placed or designed to throw light upward. LOADING SPACE or BERTH. A space accessible from a street, in a building or on a lot, for the use of vehicles while loading and unloading merchandise, materials or passengers. LODGING HOUSE. A building other than a hotel or motel, where for compensation for definite periods lodging is provided for three or more persons not of the principal family, butnot including a building providing this service for more than ten persons. LODGING ROOM. A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room. LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to the date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and the open spaces as required by this chapter and having its principal frontage on a public street or a private street approved by the Council. LOT. Land occupied or to be occupied by a building and its accessory buildings, together with the open spaces as are required under the provisions of this zoning regulation having not less than the minimum area required by this zoning ordinance for a building site in the district in which the lot is situated and having its principal frontage on a street or a proposed street approved by the Council. LOT AREA. The area of a horizontal plane within the lot lines. LOT AREA PER UNIT. The lot area required by this chapter to be provided for each family in a dwelling. LOT, BASE. A lot meeting all the lot specifications in the zoning district in which it is located prior to being subdivided into a two-family or quadraminium subdivision. LOT - CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less. LOT DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way (or tangentially on a curved street or cul-de-sac) within the lot boundaries. LOT - DOUBLE FRONTAGE. An interior lot having frontage on two streets. LOT - INTERIOR. A lot other than a corner lot, including through lots. LOT LINE. A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or water body the lot line shall be deemed to be the street right-of-way or the ordinary high water mark. LOT LINE - FRONT. The front of a lot shall be, for purposes of complying with this chapter, that boundary having the least width abutting a public right-of-way or private street. LOT LINE - REAR. The rear of a lot shall be, for purposes of complying with this chapter, that boundary opposite the front lot line. LOT - THROUGH. A lot fronting on two parallel streets. LOT - UNIT. A lot created from the subdivision of a two-family dwelling or quadraminium, having different minimum lot size requirements than the conventional base lots within the zoning district in which it is located. LOT WIDTH. The shortest horizontal distance between the side lot lines measured at right angles to the lot depth measured at the required minimum building setback line. MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the U.S. Department of Housing and Urban Development and complies with the standards established under M.S. Chapter 327. MARINA. An area of concentrated watercraft mooring or docking, where accessory facilities may be provided for some or all of the services as fueling, sewage pumpout, boat launching, boat repair and boat storage; except that marina does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development. MASSAGE THERAPY. A scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the massaging, kneading, rubbing, pressing, stroking, tapping, pounding, vibrating or stimulating the human skin, muscles and tissues for no other purpose than physical fitness, health care referral, healing relaxation and beautification. MASSAGE THERAPIST. A person, other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer, or beautician or barber who confine his or her treatment to the scalp, face and neck; who for compensation practices and provides massage therapy; who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school. MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available. MOTELIMOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or I corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile. MOTOR FUEL STATION. A place where fuel stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of motorvehicles, are retailed directly to the public on the premises, and including minor accessories and services for motor vehicles, but not including major repairs and rebuilding. Commonly known as GAS STATION. NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration, collect, store and channel surface water runoff. NONCONFORMING STRUCTURE. Any structure which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the structure were to be erected under the guidance of this chapter. Also any structure located on a nonconforming lot. NONCONFORMING USE. Any use which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the use were to be established under the guidance of this chapter. NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrian. NURSING CARE. Health evaluation and treatment of patients and residents who are not in need of an acute care facility, but who require nursing supervision on an inpatient basis. NURSING HOME (REST HOME). A building having accommodations where nursing care is provided for five or more invalids, infirmed, aged, convalescent or physically disabled persons that are not of the immediate family, but not including hospitals, clinics, sanitariums or similar institutions OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling or renting merchandise and for the storing of same prior to sale. ORDINARY HIGH WATER LEVEL (O.H. W.L.). The boundary of public waters and wetlands which is described as an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below or above grade. PARKING SPACE. An area enclosed in a building, in an accessory building or unenclosed sufficient in size to store one automobile, which has adequate access to a public street and permitting satisfactory ingress and egress of an automobile. PARKING STALL. (See PARKING SPACE.) 10 PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (of any) of the districts. PERSON. An individual, firm, partnership, association, corporation or organization of any kind. PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity. PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually attached to a building, and leading to an entrance of the building. PRACTICAL DIFFICULTIES. In connection with the request for a variance from compliance with the requirements of this code, where a property owner proposes to use the subject property in a reasonable manner notpermitted by the code in which the plight of the property owner giving rise to the variance request is due to circumstances unique to the property not created by the property owner or a previous property owner and the variance, if granted, is in harmony with the general purposes and intent of the Zoning Code, is consistent with the Comprehensive Plan and will not alter the essential character of the locality. PRACTICAL DIFFICULTIES include but are not limited to inadequate access to direct sunlight for solar energy systems. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional. PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units. PUBLIC WATER. A body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of this chapter, any body of water which has the potential to support any type of recreational pursuit or water supply purpose. However, no lake, pond or flowage of less than 25 acres in size and no river or stream having a total drainage area less than two square miles need be regulated for the purposes of this chapter except those areas protected by the Shorewood Wetland Ordinance (Chapter 1102 of this City Code), as may be amended. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Minnesota Commissioner of Natural Resources shall be exempt from the shoreland provisions of this chapter. a. The official determination of the size of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin No. 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, the official determination of size and physical limits shall be made bythe Minnesota Commissioner of Natural Resources. b. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Minnesota Commissioner of Natural Resources. PUBLIC WATERS - GENERAL DEVELOPMENT. Those waters whose shores are generally characterized by industrial, commercial or high density residential development as determined by the 11 Minnesota Department of Natural Resources Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota (Minn. Rules parts 6120.2500 to 6120.3900). PUBLIC WATERS - NATURAL ENVIRONMENT. Those waters whose shores are generally characterized by low density, single-family residential development as determined by Minn. Rules parts 6120.2500 to 6120.3900. PUBLIC WATERS - RECREATIONAL DEVELOPMENT. Those waters whose shores are generally characterized by medium density residential development with or without limited service- oriented commercial development as determined by Minn. Rules parts 6120.2500 to 6120.3900. QUADRAMINIUM. A single structure which contains four dwelling units, designed for separate ownership, all of which have individual entrances and in which each unit shares common walls with two other units. RECREATION AREA OR BUILDING. An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium or gymnasium is a RECREATIONAREA OR BUILDING for the purpose of this chapter. RECREATIONAL VEHICLE. A self-propelled vehicle or camping or travel trailer which is used primarily for recreational purposes. RELIGIOUS INSTITUTION. A building that is principally used as a place where people of faith or religion regularly assemble for worship. The definition includes churches, mosques, temples, synagogues, and the like, but does not include seminaries, camps with live-in quarters, coffee houses open to the public, publishing establishments, ritual abattoir, radio/television transmission facilities, or similar uses. RENEWABLE ENERGY SYSTEM. A solar energy system, wind energy system, or ground source heat pump. RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day care, food, lodging, training, education, supervision, habitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children. RESTAURANT. An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building. RIGHT-OF-WAY - PUBLIC. Any property established for the use of the public for street or highway purposes by any federal, state, county or local government, by dedication, gift or statutory user, whether developed or undeveloped, paved or unpaved. ROOF LINE. Is defined as the top of the coping or, when the building has a pitched roof, as the intersection of the outside wall with the roof. 12 SCREENING. The presence of an artificial barrier, vegetation or topography which makes any structure on any property visually inconspicuous. SELF -STORAGE FACILITY. Any facility that is designed and used for the purpose of renting or leasing an individual storage space within the facility for the purpose of storage only. The facilities are different from public warehouses in that the public has access to their storage space owned for the purpose of storing and removing personal property and the owner does not issue a warehouse receipt, bill of lading or other document of title for the personal property stored in the storage space. SEMI-PUBLIC. Partially, but not entirely, owned by the public or providing a service available to the public. SETBACK. The minimum horizontal distance between a building and street, lot line or normal high water mark. Distances are to be measured from the most outwardly extended portion of the structure at ground level. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes, the setback shall be measured from a line 15 feet from the edge of the traveled surface. SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and managed as atotal entity, with customer and employee parking provided on -site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements. SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback. SHORELAND. Land located within the following distances from public waters: 1,000 feet from the normal high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Minnesota Commissioner of Natural Resources. SHORT-TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or residential planned unit development district. SIGN. The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public. SIGN - ADDRESS. A sign communicating street address only, whether script or in numerical form. In R Districts an address sign may include the name of the resident. SIGN- ADVERTISING. A billboard, poster panel, painted bulletin board or other communication device which is used to advertise products, goods or services which are not exclusively related to the premises on which the sign is located. 13 SIGNAREA. The total area of a sign measured at the perimeter of the surface on which the sign is inscribed. For signs consisting of letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed within the smallest rectangle that can be made to circumscribe the sign. SIGN -AREA IDENTIFICATION. A freestanding sign which identifies the name of a residential housing development, an office or business structure containing two or more independent concerns; a single business consisting of three or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the above. The sign is limited only to the identification of an area or complex and does not contain the name of individual owners or tenants nor contain advertising. SIGN, BENCH. A sign which is affixed to a bench such as at a bus stop. SIGN- BUSINESS. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located. SIGN - CAMPAIGN. A temporary sign promoting the candidacy of a person running for a governmental office or promoting an issue to be voted on at a governmental election. SIGN- CANOPY. Any message or identification which is affixed to a projection or extension of abuilding or structure erected in a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. SIGN- CONSTRUCTION. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. SIGN - DIRECTIONAL. A sign erected on public or private property which bears the address or name or both of a business, institution, religious institution or other use or activity plus directional arrows or information on location. SIGN- DIRECTORY. An exterior informational wall sign which identifies the names of businesses served by a common public entrance in a shopping center. SIGN - DYNAMIC DISPLAY. A sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. SIGN- FREESTANDING. Any stationary or portable, self -supported sign not affixed to any other structure. SIGN - HOLIDAY. Decorations or messages which recognize an official national, state or local holiday. SIGN - ILLUMINATED. Any sign which is lighted by an artificial light source either directed upon it or 14 illuminated from an interior source. SIGN- INFORMATIONAL. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. SIGN - INSTITUTIONAL. A sign which identifies the name and other characteristics of a public or semi- public institution on the site where the sign is located. SIGN - INTEGRAL. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure. SIGN - MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of a sign. SIGN - MENU BOARD. Any sign that has a message related to the site's food service and the copy is manually or electronically changed and the lettering of which is two inches or less in height so as to not be readable from the adjoining street right-of-way or adjoining property. SIGN - MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the lower limit of the sign. SIGN- MONUMENT. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure. SIGN - NONCONFORMING. LEGAL. A sign which lawfully existed at the time of the passage of this chapter or amendments thereto, but which does not conform with the regulations of this chapter. b. ILLEGAL. A sign which was constructed after the passage of this chapter or amendments thereto and does not conform with the regulations of this chapter. SIGN - PORTABLE. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground or structure. SIGN - PROJECTING. A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. SIGN - PUBLIC. Any sign erected by municipal, county, state or other governmental agencies, including, but not limited to street signs, traffic -control signs and parking -control signs. SIGN- REAL ESTATE. A business sign placed upon a property advertising that particular property for sale, for rent or for lease. SIGN - ROOF. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building. SIGN, ROTATING. A sign which revolves or rotates on its axis. 15 SIGN - STRUCTURE. The supports, uprights, bracing and framework for a sign, including the sign area. SIGN - TEMPORARY. Any sign which is erected or displayed for a specific period of time. SIGN - WALL. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than 12 inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. SIGN - WALL GRAPHIC. A sign which is painted directly on an exterior wall surface. SIGN- WINDOW. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display. SLIP. A water dockage area accommodating one boat. SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent, degree or ratio. SOLAR ENERGYSYSTEM. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. STEALTH FACILITY. Any telecommunications facility that is designed to blend into the surrounding environment; examples of stealth facilities include architecturally screened roof- mounted antennas, antennas integrated into architectural elements and telecommunications towers designed to appear other than as a tower such as light poles, power poles and trees. STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs. STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or unused underfloor space shall be considered as a story. STORY - HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, at least two opposite exterior walls, are not more than two feet above the floor of the story, and basements where less than one-half of the floor to ceiling height is below the average of the highest and lowest point of that portion of the lot covered by the building. STREET. A public right-of-way or private way serving three or more properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise 16 designated, which is used or can be used for travel. STREET FRONTAGE. A lot line abutting a street. STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. STRUCTURE. Anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character. SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments. SURFACE WATERS - GENERAL DEVELOPMENT (GD). (See PUBLIC WATERS - GENERAL DEVELOPMENT.) SURFACE WATERS - NATURAL ENVIRONMENT (NE). (See PUBLIC WATERS - NATURAL ENVIRONMENT.) SURFACE WATERS - RECREATIONAL DEVELOPMENT (RD). (See PUBLIC WATERS - RECREATIONAL DEVELOPMENT.) TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple -dwelling apartment structures. TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas and any other facilities or equipment associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure. This term does not include: a. A satellite earth station antenna two meters in diameter or less, located in a C-1 or C-2 zoning district; b. A satellite earth station antenna one meter in diameter or less, wherever located. TELECOMMUNICATIONS TOWER (or TOWER). A self-supporting lattice, guyed or monopole structure constructed from grade and built for the purpose of supporting telecommunications facilities. The term does not include amateur radio operations equipment licensed by the Federal Communications Commission. TOWER HEIGHT. The vertical distance from the grade adjacent to the base pad of the tower to the highest point of the tower or any component of the telecommunication facilities. TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple -dwelling apartment structures. TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a 17 period of less than 30 consecutive calendar days. UPLAND. All lands at an elevation above the normal high water mark. USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall be grassed and landscaped or surfaced only for a recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space. USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of the activity as defined by the performance standards of this chapter. VARIANCE. A relaxation of the requirements of this code where a property owner proposes to use the subj ect property in a reasonable manner not permitted by the code, such deviation will be in harmony with the general purposes and intent of the code, consistent with the Comprehensive Plan, and will not alter the essential character of the locality and where, owing to physical conditions unique to the individual property under consideration and not the result of the actions of the property owner or previous property owner, compliance with the code would result in practical difficulties as defined herein. VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics. VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable. WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land. WATERCOURSE. A channel or depression through which water flows, such as rivers, streams or creeks, and may flow year-round or intermittently. WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas. WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 Edition) or as identified on the Shorewood Wetlands Map (see Chapter 1102 of this code). YARD. An open space on the lotwhich is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located. YARD DEPTH - REAR. The mean horizontal distance between the rear line of the building and the rear lot line. YARD - FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building. (See LOT LINE - FRONT.) YARD - REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. (See LOT LINE - REAR.) YARD - SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the required front yard to the required rear yard. ZERO LOT LINE. A development technique in which setback requirements for one or more sides of a lot are eliminated so that buildings are allowed to abut property lines. Section 2: City Code Section 1201.03 Subd. 2 c. is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 2. General building and performance requirements. C. Property development. (4) Except in the case of planned unit development as provided for in § 1201.06 of this chapter, not more than one principal building shall be located on a lot. The city may, by interim conditional use permit, allow a single-family residential dwelling to remain on a lot while a new dwelling is being constructed on the same lot, provided that: (a) The new dwelling shall conform to the setback requirements of the zoning district in which it is located; (b) Construction of the new dwelling shall not result in substantially greater site alteration (for example, tree removal or grading) than if the original house is first removed; (c) The property owner must provide an estimate from a licensed contractor for the cost of removing the original dwelling and restoring the site. From this estimate the city shall require a cash escrow or letter of credit in the amount of 150% of the estimate to ensure that the original dwelling will be removed within two weeks of the date a certificate of occupancy is issued for the new dwelling. In no instance shall the original home remain on the property longer than two years. (d) The property owner shall provide the cash escrow or letter of credit referenced in (c) above at the time a building permit is issued for the new dwelling. The new dwelling shall not be occupied until a certificate of occupancy has been issued. (e) The request shall be subject to the requirements of Section 1201.04 Subd 4. of this Chapter. (5) On a through lot both street lines shall be front lot lines for applying the yard and parking regulations of this chapter. Section 3: City Code Section 1201.03 Subd. 2 f. (1-3) is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 2 f. Fences - general requirements (1) Permit required. No person, firm or corporation shall construct or erect any fence without first securing a zoning permit. (2) Locations. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that the fence may be erected on the 19 property line of the respective properties. No boundary line fence shall be erected closer than three feet to an existing parallel boundary line fence. (3) Surveys. The Building Official may require an applicant for a zoning permit to establish his or her true boundary line by a survey thereof to be made by a registered land surveyor. Section 4: City Code Section 1201.03 Subd. 2. f. (9). (b) is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 2. f. Fences - general requirements (9) Residential District fences. (b) Interior yard fences. (i) Any fence erected within any portion of the required front yard or the required side yard abutting a public street shall not exceed four feet in height and shall be at least 25% open. Section 5: City Code Section 1201.03 Subd. 2. g. (4). b. is hereby amended as follows 1201.03 GENERAL PROVISIONS. Subd. 2. g. Required screening and landscaping. (4) Standards and criteria. All landscape plans shall conform to the following standards and criteria. (b) Spacing. (i) Plant material centers shall not be located closer than three feet from the property line and shall not be planted in the right-of-way or within 15 feet of the edge of a public street, or in a manner that conflicts with public plantings, sidewalks, trails, fences, utility mains, parking areas and driveways as determined by the Zoning Administrator. Section 6: City Code Section 1201.03 Subd. 2. g. (6). (c) is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 2. g. Required screening and landscaping. (6) Screening of mechanical equipment. All rooftop and ground mounted mechanical equipment of residential buildings having five units or more and of nonresidential buildings shall comply with the following standards: (c) Rooftop mechanical equipment less than three feet in height may be exempt from screening requirements as determined by the Zoning Administrator. Section 7: City Code Section 1201.03 Subd. 2. i. is hereby amended as follows: 20 1201.03 GENERAL PROVISIONS Subd. 2. i. Glare. Any lighting used to illuminate properties shall be subject to the following limitations for glare. (1) Direct lighting of adjacent properties. Luminaires shall be full cut-off and shielded to deflect light away from any adjoining properties or public rights of way so as not to directly light adjacent property or public rights -of -way. (2) Indirect lighting may not cast light on: (a) A public street in excess of one foot-candle (meter reading) as measured from the curb line or edge of the paved street. (b) On adjacent residential property in excess of four -tenths (A) foot- candles (meter reading) as measured from the adjoining residential property line. (c) Facade or landscape uplighting shall not exceed a total of 2,000 initial light output lumens per facade. Flag floodlighting shall not exceed a total of 2,000 initial light output lumens per flag. Lighting in excess of this amount is regulated in Section 1201.03 Subd. 2 v. (5). Section 8: City Code Section 1201.03 Subd. 2. u is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 2. u. Impervious surface. Except as provided in (4), below, the maximum ratio of impervious surface to lot area for all lots in the "S", Shoreland zoning district shall be 25%. The maximum ratio of impervious surface to lot area for all lots that are not subject to "S" district requirements shall be as follows: (1) Residential uses in the R-IA through R-313 zoning districts: 33%; (2) Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the community; public or semi-public recreational buildings, neighborhood or community centers; public and private educational institutions; and religious institutions in the R-IA through R-313 zoning districts: 66%, provided that: (a) Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan, as may be amended; (b) Measures for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water inlets, oil skimming devices, and the like; (3) Commercial districts (R-C, C-1, C-2, L-R), not located in the "S", Shoreland District: 66%, provided that: (a) The proposed development of the site complies with all setback requirements for the district in which it is proposed; (b) Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan, as may be amended; 21 (c) Measures for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water inlets, oil skimming devices, and the like; (d) The maximum ratio of impervious surface to lot area ratio shall not exceed 75%. (4) Commercial districts (R-C, C-1, C-2, L-R) : located in the "S", Shoreland District: 25%. A conditional use permit may be granted to exceed 25%, provided that: (a) The proposed development complies with the requirements set forth in (3)(a-d), above; (b) The treatment measures referenced in (3)(c), above, shall be consistent with the National Urban Runoff Program (NURP) guidelines, including, but not limited to, the removal of 90% of total suspended solids and the removal of 60% total phosphorous. (5) Planned Unit Development (PUD) districts shall be regulated based upon the various uses within the PUD. Residential portions of the PUD shall be subject to the provisions of (1) above, unless otherwise specified by the PUD. Commercial portions of the PUD shall be subject to the provisions above of (3) or (4) above, unless otherwise specified by the PUD. Section 9: City Code Section 1201.03 Subd. 2. v is hereby added as follows: 1201.03 GENERAL PROVISIONS. Subd. 2. v. Lighting. (1) The purpose of this Section is to establish lighting requirements that will: 1) permit reasonable use of lighting for night-time safety, utility, security, productivity, enjoyment and commerce, 2) minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting that is misdirected, excessive or unnecessary, 3) conserve energy and resources to the greatest extent possible and 4) help protect the natural environment from the damaging effects of night lighting from man-made sources. (2) Applicability. All new outdoor lighting fixtures (luminaires) shall be installed in conformance with this section, the provision of section 1201.03 subd. 11(Signs), section 1201.03 subd. 2, i. (Glare), as well as the latest rules, codes and regulations, including but not limited to OSHA, National Fire Codes of Fire Protection association, Minnesota State Building Code and National Electrical Code. The following is exempted from the regulations of this Section: (a) Lighting on single- and two-family homes, townhouses, and multiple family dwellings with six or fewer units. Lighting for these uses is subject to the regulations in Section 1201.03 Subd. 2. i. (Glare). (b) Lighting in the public right-of-way installed by a government agency or utility company. (3) Submittal requirements. Any proposal for new lighting or a modification of lighting shall be reviewed as a modification of site plan. The applicant shall submit a lighting plan and fixture specification sheets showing compliance with all regulations in this section and section 1201.03 subd. 2. i. (Glare). Lighting plans shall be signed by a registered electrical engineer or lighting certified professional by the National Council on Qualifications for the Lighting Professions. At a minimum, the plans shall include the following: (a) Name and location of the project. 22 (b) Name, mailing address, electronic address and phone number of the professional preparing the plan and the developer or property owner. (c) Scale of the plan (engineer scale only, no greater than one inch equals 60 feet. (d) An accurate site plan based on a survey, which includes all existing and proposed land improvements including, but not limited to, buildings, parking lots, driveaisles and driveways, streets, proposed and existing landscaping, walkways and accessory buildings and structures and identifies the area of all existing and proposed impervious surfaces on the property. (e) A photometric plan superimposed on the site plan with photometric points no farther than 10 feet apart across the entire site and a minimum of ten feet or more (as may be appropriate) beyond the property lines. Each point must be to the nearest 0.1 foot candle. (f) A luminaire schedule table indicating each fixture with the initial light output lumens, color rendering index, color temperature, backlight, uptight, glare and mounting height (including base). (4) General Performance Standards. In addition to the standards in Section 1201.03 Subd. 2. i. (Glare), the following shall apply: (a) Luminaire shielding and installation requirements. Luminaires within 300 feet of a residential property line shall be equipped with side shielding (house side shielding), except for the following: 1) full -cut off luminaires mounted at a height of 10 feet or lower, 2) lighting fixtures that are blocked from residential view by an intervening building, and 3) lighting fixtures where the grade of the lowest floor of the adjacent residential properties is above the mounting height of the luminaire. (b) Height Limits. (i) Pole -mounted lighting. Lighting mounted on poles or other non -building structures shall not exceed a height of 25 feet for parcels under two acres and 35 feet for parcels over two acres. The height includes the base and the pole height. (ii) Building -mounted lighting. Lighting mounted on buildings may not exceed the tallest part of the building where the lighting is installed. The top exterior deck of parking garages shall be treated as pole mounted lighting rather than as lights mounted to buildings. (c) Lighting Quality. All permanently installed lighting shall have a maximum correlated color temperature of 4100K. (d) Lighting quantity and luminaire distribution. The based allowance for lighting is three lumens per square foot of impervious surface coverage. The base allowance may be increased for the following uses: (i) Motor fuel sales: 4,000 lumens per pump island, as long as the additional lumens are provided by luminaires that are fully recessed into a canopy. (ii) Drive -up service windows: 2,000 lumens per service window. (e) Limits to off -site impacts. (i) Pole -mounted luminaires. All luminaires shall be rated and installed according to the following table. A luminaire may be used if it is rated equal or lower in number than the ratings provided below. Mounting Condition Backlight Rating Glare Rating Greater than 2 mounting heights from property line.* B4 G2 Less than 2 mounting heights to 1 mounting B3 G1 height from the property and ideally oriented Less than one mounting height from the property line and ideally oriented B 1 GO 23 *Lighting that is not ideally oriented must be located a minimum of two mounting heights from the property line. (ii) Ornamental Building -Mounted Lighting. Ornamental lighting is regulated in 1201.03 Subd. 2. i. (Glare). (f) Prohibited lighting. Prohibited lighting includes mercury vapor lamps, aerial lasers, luminaires mounted to aim light only toward a property line or public right-of-way or other lighting in violation of Section 1201.03 Subd. 2. i. (Glare). Also prohibited are skytrackers or searchlights unless approved by the City Council. (g) Exempt lighting: The following luminaires and lighting systems are exempt from the provisions of this section: lighting required and regulated by the Federal Aviation Administration or other federal or state agency, temporary emergencies or road repair work for projects by fire, police, rescue or repair personnel; pool and water feature lighting; code required exit signs; code required lighting for stairs and ramps; and interior lighting, unless the interior lights spill out onto the property. (5) Special Purpose Lighting. (a) Lighting systems not complying with the technical requirements of this Section but consistent with its intent may be installed for the following applications upon issuance of a conditional use permit. Each request for a conditional use permit shall be evaluated based upon the standards and criteria of Section 1201.04. (i) Outdoor athletic fields and recreation areas. (ii) Construction lighting. (iii) National and State flag lighting with spotlights greater than 2,000 lumens. (iv) Uplights for buildings beyond that allowed by Section 1201.03 Subd. 2. i. (Glare). (v) Public monuments and buildings. (b) General Performance standards for special purpose lighting. (i) The applicant shall demonstrate that every reasonable effort to mitigate light trespass and light pollution, supported by a signed statement from a registered engineer or by a certified lighting professional describing the mitigation measures. (ii) Complies with all the technical requirements of this section after 10:30 p.m. (6) Following installation of any lighting on a site, the engineer or lighting professional who prepared the lighting plan shall certify in writing that the location, type, mounting height, initial luminaire lumens, luminaire ratings and photometric data all comply with the approved lighting plan. (7) Any new lighting installed after the effective date of this ordinance shall be in compliance with the requirements of this Section. Any lighting in existence before the effective date of this ordinance that does not comply with requirements shall be considered legally non -conforming. However, if a property owner proposes to replace 50 percent or more of the existing exterior luminaires or standards in any two-year period, the luminaires or standards must be replaced in conformance with this Chapter. Section 10: City Code Section 1201.03 Subd. 3 c. is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 3. Yard requirements. 24 C. The following shall not be considered as encroachments on required yard setbacks for all lots: (1) Chimneys, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not project more than two feet into a required yard; (2) For a detached, single-family, two-family or townhouse dwelling in any residential zoning district, ramps and other devices for access to buildings and sites by disabled persons, in compliance with the Americans with Disabilities Act, may encroach into any required front, side or rear setback, provided that a front setback of not less than 20 feet, a rear setback of 20 feet, and side setbacks of not less than five feet shall be maintained. (3) For a detached, single-family, two-family or townhouse dwellings constructed prior to May 19, 1986, a one-story, enclosed entrance may extend into the front yard setback not more than four feet. The entrance shall not exceed six feet in width. (4) For a detached, single-family or two-family dwelling in any residential zoning district, a one-story, open deck or portico may extend into the front yard setback not more than four feet, provided: (i) The length of the portico shall not exceed 50% of the width of the silhouette of the building, excluding eaves, as viewed from the street; and (ii) This area shall not be enclosed nor screened with mesh, glass or other similar material, except for guardrails no higher than 42 inches and at least 60% open. (5) Uncovered terraces, patios steps, stoops, walkways or similar features, but not including porches or balconies in front or rear yards, provided they are not covered by a roof, don't extend above the entrance floor level of the building, or more than four and one-half feet into the required side or rear yard. This allowance shall not apply to decks or other above grade improvements. (6) Sidewalks and walkways in a front yard provided they are no wider than four feet in width. (7) Laundry drying and recreational equipment, arbors, trellises, in rear yards to a point no closer than five feet from any lot line. (8) One detached accessory building not exceeding eight feet in height, nor 100 square feet in area in the rear yard to a point no closer than five feet from any lot line. (9) The minimum rear yard setback for swimming pools and a three-foot wide pool apron shall be 60% of that which is required for the zoning district in which the pool is located. No part of any pool, including guardrails, shall exceed six feet above grade in height. Decking and patios shall not encroach into the required rear yard setback area. Rear yard setbacks for Lakeshore lots shall be as provided in § 1201.26 of this chapter. (10) For residential districts, one recreational vehicle or piece of equipment may be stored in required front yards; provided it is located on an approved driveway, it does not take up required parking space as provided in subdivision 5h of this section, it is currently licensed and operable and it is located no closer than 15 feet from the paved surface of the street. This provision shall only apply when there is no practical way to store the vehicle or equipment within the buildable area of the lot. (11) For cemeteries, grave sites may be located within front yards and side yards abutting streets, no closer than 15 feet from the public right-of-way. Monuments for grave sites within front yards or side yards abutting streets shall be limited to headstones flush with the ground. (12) Storage of trash receptacles for single-family and two-family dwellings may extend into a required front yard setback or required side yard setback abutting a street no more than five feet. Trash receptacles may be placed adjacent to the street, 12 hours prior to the designated refuse collection day, and must be removed no later than 12 hours after the designated refuse collection day. 25 (13) Air conditioning and heating equipment shall not be located within drainage and utility easements. Air conditioning and heating equipment on residential shoreline lots may encroach into required side yards, but no closer than ten feet from the side lot line. (14) Egress pits or wells shall not be located within drainage and utility easements. Egress pits or wells extending no wider than four feet may be located within the required front, rear or side -yard abutting a public street setbacks abutting public streets, provided they project no more than four feet into the required yard setback and the egress pit is no greater than 16 square feet. Section 11: City Code Section 1201.03 Subd. 4 c. is hereby amended as follows 1201.03 GENERAL PROVISIONS. Subd. 4. General area and building size regulations. Height. (1) The building height limits established herein for districts shall not apply to the following: screened from view; height of the building; subdivision 10 of this section; (a) Belfries; (b) Chimneys or flues; (c) Spires on religious institutions; (d) Cooling towers, mechanical and air conditioning equipment when (e) Cupolas and domes which do not contain useable space; (f) Elevator penthouses; (g) Flagpoles; (h) Monuments; (i) Parapet walls extending not more than three feet above the limiting 0) Water towers; (k) Poles, towers and other structures for essential services subject to (1) Television and radio antennas not exceeding 20 feet above the roof. Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in § 1201.04 of this chapter, provided that: (i) Communications Commission (FCC); (ii) (iii) lot; climb; The ham radio must be licensed by the Federal Construction of the antenna requires a building permit; The antenna must be located within the buildable area of the (iv) The antenna must be fenced or so designed as to be difficult to Section 12: City Code Section 1201.03 Subd. 5 d. (6) is hereby amended as follows 1201.03 GENERAL PROVISIONS. Subd. 5. Off-street parking requirements. 26 d. General provisions. (6) Off-street parking facilities incidental to residential use. Off-street parking facilities incidental to residential use shall be utilized solely for the parking of currently licensed and operable passenger automobiles, no more than one truck not to exceed gross capacity of 12,000 pounds and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments. Section 13: City Code Section 1201.03 Subd. 5 d. (8) (g) and (h) are hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 5. Off-street parking requirements. d. General provisions. (8) Stall, aisle and driveway design. (g) Curb cut or driveway openings shall be at minimum five feet, not including curb radius, from side or rear property lines. Any driveway proposed within a drainage and utility easement shall require approval by the City Engineer and shall be a minimum of 10 feet from any public utility main. (h) Driveway access or curb openings on a public street except for single, two-family, townhouse and quadraminium dwellings shall not be located less than 40 feet from one another. Section 14: City Code Section 1201.03 Subd. 5 h. (18) and (19) are hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 5. Off-street parking requirements. h. Number ofspaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: (18) School (public, private, or day) - elementary and middle: three parking spaces for each classroom, or one space for each three seats of seating capacity in the assembly area, whichever is greater; (19) School (public, private, or day) - high school through college: two parking spaces for each classroom, plus one space for each five students, based on design capacity, or one space for each three seats of seating capacity in the assembly area, whichever is greater; 27 Section 15: City Code Section 1201.03 Subd. 5 h. (28) is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 5. Off-street parking requirements. (28) Religious Institution, theatre, auditorium and amusement place: at least one parking space for each three seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with the buildings or uses shall be subject to additional requirements which are imposed by this section; Section 16: City Code Section 1201.03 Subd. 5. i. (2) and (3) are hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 5. Off-street parking requirements. i. Joint facilities. The City Council may approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for a permit, the Council shall not approve a permit except when the following conditions are found to exist: (2) Up to 50% of the off-street parking facilities required for any use specified under (4) below as primarily daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses; religious institutions, bowling alleys, dance halls, theatres, bars or restaurants; (3) Up to 80% of the parking facilities required by this chapter for a religious institution may be supplied by the off-street parking facilities provided by uses specified under (4) below as primarily daytime uses; Section 17: City Code Section 1201.03 Subd. 7. b. and c. are hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 7. Building construction requirements. b. Residential Districts. (1) All detached accessory buildings in excess of 150 square feet in floor area that are accessory to residential dwelling units shall be constructed with materials and a design compatible with the general character of the principal structure on the lot. No accessory buildings shall be covered in canvas or vinyl fabric. No accessory building in excess of 150 square feet in floor area shall be constructed of sheet or corrugated steel, aluminum, asbestos or fiberglass. Except for approved wood foundations, no accessory building shall be constructed where wood poles are the primary support for the roof system and form the foundation structure. (2) Single-family dwellings shall: (a) Be constructed upon a continuous perimeter foundation that meets the requirements of the State Building Code; (b) Not be less than 30 feet in length and not less than 22 feet in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal walls; (c) Have an earth covered, composition, shingled, tiled roof or built-up roof as defined by the State Building Code; and (d) Require a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. (3) The following shall not be used on exterior walls in residential districts: (a) Smooth face concrete block (except as foundation material) (b) Canvas or plastic sheeting (except for emergency repairs not to exceed 30 days). C. Commercial Districts. (1) All buildings shall be finished on all exterior walls with the following permanent finish materials: (a) Brick; (b) Natural stone; (c) Decorative concrete block (e.g. split face, ribbed, textured); (d) Cast in place concrete or precast concrete panels; (e) Wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used, such as cedar, redwood and cypress; (f) Curtain wall panels of steel, fiberglass and aluminum (nonstructural nonload-bearing), provided the panels are factory fabricated and finished with a permanent durable nonfade surface and their fasteners are of a corrosion resistant design and provided further that no more than one- third of the wall surface abutting a public street or adjacent to a residential or public area consists of the panels; (g) Glass curtain wall panels; (h) Stucco and similar products; (i) Other materials as determined by the City Council. (2) No building within a commercial zoning district shall be: (a) Constructed of sheet or corrugated steel, aluminum, asbestos, or fiberglass. (b) Except for wood foundations, no building shall be constructed where wood poles are the primary support for the roof system and form the foundation structure. Section 18: City Code Section 1201.03 Subd. 11. b. are hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd.11. Signs. b. Permitted and prohibited signs. (1) Permitted signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this chapter: (a) Public signs; (b) Address signs; 29 (c) Integral signs; (d) Every campaign sign must contain the name and address of persons responsible for the sign, and that person shall be responsible for its removal. Signs shall be permitted on each lot for a period of 100 days prior to and ten days after an election. All campaign signs or other noncommercial speech signs may be posted from 46 days before the state primary in a state general election year until ten days following the state general election, pursuant to M.S. § 21113.045. Signs posted both during and after this time period are subject to all other applicable requirements in this subdivision. At any time, the city shall have the right to remove signs that are prohibited under this subdivision, and assess a fee as provided from time to time by ordinance. Campaign signs or other noncommercial speech signs shall not be located closer than ten feet from any street surface, and shall not be placed in front of any property without the consent of the property owner; (e) Holiday signs, displayed for a period not to exceed 30 days and no larger than 32 square feet in area; (f) Construction signs. The signs shall be confined to the site of the construction, alteration or repair and shall be removed within two years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Official or his or her agent. One sign shall be permitted for each major street the project abuts. No sign may exceed 50 square feet; (g) Real estate sale or rental signs. Signs must be removed within 14 days after sale or rental of property. Signs may not measure more than six square feet in Residential Districts, nor more than 20 square feet in all other districts. There shall be only one sign per premises. Corner properties, however, may contain two signs, one per frontage. Lakeshore lots may contain two signs, one in the front and one facing the lake; (h) Informational/directional signs shall be limited to three square feet in area and eight feet in height and shall conform to the location provisions of the specific district; (i) Owner -occupant signs. One residential name sign, not to exceed two square feet in area, identifying only the name of the owner or occupant of a residential building. 30 Section 19: City Code Section 1201.03 Subd. 11. c. (10) are hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 11. Signs. General provisions. (10) The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There shall be no more than one United States flag and no more than three other non-commercial flags. Nor shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from the inside of the building. Section 20: City Code Section 1201.03 Subd. 11. e. (3-4) are hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 11. Signs. e. District regulations. The following sign standards by zoning district pertain to signs which require application and permit. (3) C-1 and C-2 Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the C-1 and C-2 Districts. (f) Menu boards. One digital order confirmation sign and one menu board sign per restaurant use with a drive -up facility may be allowed in conjunction with a conditional use permit. The menu board shall not exceed 32 square feet in area, nor more than eight feet in height, and may be in addition to the freestanding sign on the property. The digital order confirmation sign shall not exceed seven square feet and no advertising signage may be placed on the supports or frame of the sign. (4) Signs permitted in the PUD Planned Unit Development District. (a) Signs permitted in PUDs shall be as approved by the City Council for each development and shall be consistent with the requirements for the district most closely associated with each use in the PUD. (b) For PUDs containing 20 acres or more of land, the city may allow larger construction signs than those allowed in b.(1)(f) of this subdivision. In determining the size and allowable area of signs in a PUD, the city shall take into consideration the functional classification and designated speed limit of adjacent roads and potential impact on adjoining residential areas. In no case shall the total allowable area of construction signs exceed three square feet for each acre of land within the PUD. The total area of the sign shall not exceed 100 square feet and no individual sign shall exceed 80 square feet. 31 Section 21: City Code Section 1201.03 Subd. 11. f is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd.11. Signs. f. Permit issuance; fees. (1) No permanent sign shall be erected in the City of Shorewood until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official (signs stipulated in b.(1) above shall be exempt from this requirement). No permit shall be granted until the necessary fee has been paid and until the Building Official, or his/her designee, has made a preliminary inspection of the sign before installation and has ascertained that the sign and method of installation comply with all requirements of this chapter. The Building Official may require that detailed plans and specifications be submitted with the application if necessary in his or her judgment. Following permit issuance and sign erection, the Building Official shall make a final inspection of the sign, and if it complies in every respect with the minimum standards set forth in this chapter, shall endorse on the permit his or her certificate of approval. (2) No temporary sign shall be erected in the City of Shorewood until a zoning permit to do so has been approved by the Zoning Administrator, consistent with 1201.07 subd. 7 of this chapter. No zoning permit shall be granted until the necessary fee has been paid. The Zoning Administrator may require an inspection to determine that the sign has been installed in compliance with the minimum standards set forth in this chapter or to confirm removal as directed in the zoning permit. Section 22: City Code Section 1201.03 Subd. 12. d. (4) is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 12. Home occupations. d. Requirement. General Provisions. All home occupations shall comply with the following general provisions and according to classification, the applicable requirement provisions. (4) Prohibited home occupations. Repair of vehicles which are not registered to a resident of the dwelling, except as allowed by Section 502.04.. Section 23: City Code Section 1201.03 Subd. 20. b. (9) is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 20. Elderly housing. b. Conditional use. Elderly housing shall be allowed by conditional use permit in the following zoning districts: R-IA, R-113, R-IC, R-ID, R-2A, R-213, R-2C, R-3A, R-313 and R-C. In addition the following conditions shall apply: (8) Elderly housing: (a) Two-family, quadraminium, or townhouse housing: two parking spaces per unit. (b) Apartments: one and one-half parking spaces per unit, plus proof of parking demonstrating the ability to provide two spaces per unit. (c) R-3A, R-313 and R-C: 12 units per acre. 32 (d) For purposes of calculating density, assisted living units shall be counted as one-half unit. Section 24: City Code Section 1201.03 Subd. 21. b. (1) is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 21. Telecommunications towers and facilities. b. Development of towers. (1) A tower shall be a conditional use in the C-1, General Commercial and C-2, Service Commercial Zoning Districts. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from the City Council and a building permit issued by the Building Official. Section 25: City Code Section 1201.03 Subd. 23. b. (2) (g) is hereby amended as follows: 1201.03 GENERAL PROVISIONS. Subd. 23. Renewable energy. b. Solar energy systems. (2) Standards. (g) Maximum area. In residential zoning districts and residential PUDs, ground -mounted solar energy systems shall be limited to a single array with a maximum area of 120 square feet in area. In other zoning districts, ground -mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations or no more than 25% of the rear yard, whichever is less. Section 26: City Code Section 1201.04 Subd. 1. is hereby amended as follows: 1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS. Subd. 1. Procedure. a. Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. b. Application. Requests for text or map amendments to this Chapter or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council ordinance. 33 This fee shall not be refunded. The application shall also be accompanied by two copies of detailed written and graphic materials fully explaining the proposed change, development or use. C. Staff review/technical assistance reports. Upon receipt of a complete application for an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. (1) Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, land use permit, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons or its rejection, including what information is missing. This rejection shall be sent by first-class mail to the applicant. Every application shall contain the legal description of the property and a statement of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city from requesting additional information from the applicant upon which to base a decision. (2) If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court. d. Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for a regularly scheduled Planning Commission meeting and publish a notice in the official newspaper no less than 10 days prior to the hearing. The notice shall contain a description of the request and the time and place of the public hearing. Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 500 feet of the boundary of the property related to a conditional/interim use permit and 750 feet of the boundary of the property related to an amendment. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. e. Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report and recommendation on the agenda of the next regularly scheduled meeting of the City Council. f. City Council action. Upon receiving the request and any report and recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact. (1) Approval of a request for a zoning district amendment, where the classification of aproperty will change from residential to commercial, shall require passage by a four -fifths vote of the full City Council. Requests for all other zoning district amendments, text amendments and conditional use permits shall require a simple majority vote of the full City Council. (2) In the case of a conditional use permit, the Council may impose any condition it considers necessary to protect the public health, safety and welfare. (3) In the case of an amendment, the amendment shall not become effective until the time as the City Council approves an ordinance reflecting the amendment and after the ordinance is published in the official newspaper. (4) Whenever an application for an amendment or conditional use permit has been considered and denied by the City Council, a similar application for the amendment or conditional use permit affecting substantially the same property shall not be considered again by the Planning 34 Commission or City Council for at least six months from the date of its denial; a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made a simple majority of the full City Council. Section 27: City Code Section 1201.04 Subd. 3. b. and c. are hereby amended as follows: 1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS. Subd. 3. Conditional use permit b. Informational requirement. The information required for all conditional use permit applications generally consists of the following items and shall be submitted with the application. (1) Certified survey prepared by a registered licensed surveyor, at a scale of one inch to ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet, which shall include, but not be limited to: (a) The location and dimensions of boundary lines, buildings, structures, topography, wetlands, and similar features, etc.; (b) The distance between boundary lines and buildings, structures and other improvements; (c) The location of add adjacent buildings located within 20 feet of the exterior boundaries of the property in question; (c) The area of the lot and a detailed description of the existing and proposed impervious surface coverage; (c) The legal description of the property indicating the existing; (c) Any public or private easements; (d) Any municipal utilities, private wells or private on -site wastewater treatment systems, and other utilities. (2) Site development plans at a scale of one inch to ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet (unless indicated otherwise), which shall include: (a) Location and dimensions of all proposed buildings on lots and the distance between proposed buildings and structures to property lines; (b) Location and number of existing and proposed parking spaces; (c) Vehicular circulation and dimensions; (d) Architectural elevations (type and materials used in all external surfaces) and concept floor or room plans at a scale of one inch to 4 foot, 8 foot, 16 foot or as may be appropriate as determined by the Zoning Administrator; (e) Lighting plan consistent with Section 1201.03 Subd. 2. v. of this Chapter; (f) Curb cuts, driveways, number of parking spaces. (3) Grading plan, which shall include: (a) Existing contour; (b) Proposed grading elevations; (c) Drainage configuration; (d) Storm sewer catch basins and invert elevations; (e) Spot elevations; (f) Proposed road profile; (g) Graphic Scale: All plans shall be expressed as one inch to ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet. 35 (4) Landscape plan, which shall include: (a) Location of all existing trees, type, diameter and which trees will be removed; (b) Location, type and diameter of all proposed plantings; (c) Location of and material used for all screening devices; (5) Proof of ownership of the land for which a conditional use permit is requested; (6) A narrative indicating the proposed use, operational features of the use including, but not limited to, hours of operation, number of employees, etc., and compliance with Section 1201.04 Subd. 1 d. of this Chapter; (7) Any information required by the applicable zoning district; (8) Other information as determined by the Zoning Administrator or City Council. C. Lapse of conditional use permit by non-use. Whenever, within one year after granting a conditional use permit, the use as permitted by the permit shall not have been completed or utilized, then the permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing all efforts to complete or utilize the use permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. Section 28: City Code Section 1201.05 Subd. 3. b is hereby amended as follows: 1201.05 Administration, Variances and Appeals Subd. 3. Variances b. Procedure. (1) Pursuant to Minnesota Statutes 15.99, an application for a variance shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. (2) Application. Requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council resolution. The application shall also be accompanied by three copies of a survey signed by a land surveyor licensed in the State of Minnesota, and detailed written and graphic materials fully explaining the proposed change, development or use. (3) Staffreview/technical assistance reports. Upon receipt of an application for variance, the Zoning Administrator, or designee, may request additional information or may obtain outside expert advice at the consent and expense of the applicant. When all informational requirements have been complied with, the request shall be considered officially submitted. The Zoning Administrator, or designee, shall 36 prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. (4) Public meeting. Upon official submission of the request, the Zoning Administrator shall schedule a public meeting on the request for a regularly scheduled Planning Commission meeting occurring at least tendays from the date written notification of the public meeting is sent to all property owners within 500 feet of the boundary of the subject property. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. (5) Planning Commission action. The Planning Commission shall conduct the public meeting, at which time the applicant or a representative thereof may appear to answer questions concerning the proposed request. The Planning Commission shall also take public testimony. (a) The Planning Commission shall consider possible adverse effects of the variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in subdivision 3.a. of this section. (b) The Planning Commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request with the consent and at the expense of the applicant. (c) The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the City Council. (6) Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report or recommendation on the agenda of a regularly scheduled meeting of the City Council. (7) City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact. (a) Approval of a request shall require passage by a simple majority vote of a quorum of the City Council. (b) The Council may impose any condition it considers necessary to protect the public health, safety and welfare, provided such conditions are directly related to and bear a rough proportionality to the impact of the variance. (c) Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made by not less than a simple majority vote of a quorum of the City Council. 37 (8) Lapse ofvariance. Whenever within one year after granting a variance, the use as permitted by the variance shall not have been completed or utilized, then the variance shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing all efforts to complete or utilize the use permitted in the variance. The Zoning Administrator shall present the request to the City Council for a decision. (9) Appeal. Any person aggrieved by any decision of the City Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter 462. Section 29: City Code Section 1201.07 Subd. 2. is hereby amended as follows: 1201.07 ADMINISTRATION, CERTIFICATE OF OCCUPANCY AND ZONING PERMITS. Subd. 2. Zoning permits. A zoning permit shall be required for activities that do not require building permits but for which it is necessary to determine compliance with zoning requirements such as setbacks, impervious surface coverage, structure height, and the like. Pursuant to Minnesota Statutes 15.99, an application for a zoning permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. The permit shall expire within six months if the applicant has not completed the project. Items requiring a zoning permit include the following: a. Accessory buildings that do not require building permits. b. Driveways. C. Sport and tennis courts. d. Retaining walls higher than three feet (no separate permit required when a building permit is required for grading). e. Above -ground fireplaces and cooking facilities, but not including portable appliances. f. Residential decks that do not require building permits, as well as patios, terraces, sidewalks, steps, stoops, and other similar at -grade improvements. g. Playground equipment or systems occupying more than 64 square feet of ground area or exceeding six feet in height. h. Fences as regulated by Section 1201.03 subd. 2 f. i. Temporary Signs. j. Portable storage facilities not associated with a valid building permit and located on property for more than 30 days in a 12-month period. k. Ground -mounted solar energy systems not requiring a building permit, consistent with Section 1201.03 Subd. 23. Section 30: City Code Section 1201.10 Subd. 2. is hereby amended as follows: 1201.10 R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT. Subd. 2. Permitted uses. The following are permitted uses in an R-lA District: a. Public parks, public playgrounds public recreational areas, and public wildlife areas; b. Single-family detached dwellings; C. Essential services not exceeding 40 feet in height; d. Single-family detached dwellings used as residential facilities, as defined by § 1201.02, licensed by the state and serving six or fewer persons; e. Single-family detached dwellings used as day care facilities, as defined by § 1201.02, licensed by the state and serving ten or fewer persons. Section 31: City Code Section 1201.10 Subd. 4. is hereby amended as follows: 1201.10 R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT. Subd. 4. Conditional uses. The following are conditional uses allowed in an R-lA District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.) a. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that: (1) When abutting a residential use in any residential use district, the property is screened and landscaped in compliance with § 1201.03, Subd. 2.g. of this chapter; (2) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; b. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, middle and senior high schools; and religious institutions, provided that: (1) Side yards shall be double that required for the district, but no greater than 30 feet; (2) Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1201.03, subdivision 2g; (3) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03, subdivision 5 and that the parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1201.03, subdivision 2g; (4) Adequate off-street loading and service entrances are provided and regulated where applicable by § 1201.03, subdivision 6; 39 (5) The provisions of § 1201.04, subdivision ld(1) are considered and satisfactorily met. Section 32: City Code Section 1201.11 Subd. 4. is hereby amended as follows: 1201.11 R-113, SINGLE-FAMILY RESIDENTIAL DISTRICT. Subd. 4. Conditional uses. The following are conditional uses allowed in an R-113 District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.) a. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that: (1) When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with § 1201.03, subdivision 2g; (2) The provisions of § 1201.04, subdivision ld(1) are considered and satisfactorily met; b. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, middle and senior high schools; and religious institutions, provided that: (1) Required side yards shall be double that required for the district, but no greater than 30 feet; (2) Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1201.03, subdivision 2g; (3) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03, subdivision 5 and that the parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1201.03, subdivision 2g; (4) Adequate off-street loading and service entrances are provided and regulated where applicable by § 1201.03, subdivision 6; (5) The provisions of § 1201.04, subdivision ld(1) are considered and satisfactorily met. Section 33: City Code Section 1201.14 Subd. 2. is hereby amended as follows: 1201.14 R-2A, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT. Subd. 2. Permitted uses. The following are permitted uses in an R-2A District: a. Single-family detached dwellings; b. Two-family dwellings; C. Single-family detached dwellings used as residential facilities, as defined by § 1201.02 of this chapter, licensed by the state and serving six or fewer persons; d. Single-family detached dwellings used as day care facilities, as defined by § 1201.02 of this chapter, licensed by the state and serving ten or fewer persons; e. Public parks and public playgrounds; f. Essential services. .e Section 34: City Code Section 1201.19 Subd. 4. h. (5) is hereby amended as follows: 1201.19 R-C, RESIDENTIAL/COMMERCIAL DISTRICT. Subd. 4. Conditional uses. The following are conditional uses allowed in an R-C District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.) h. Self -storage facility, as defined in this chapter, provided that: (5) The lighting shall be consistent with Section 1201.03 Subd. 2. v. of this Chapter; Section 35: City Code Section 1201.22 Subd. 2. is hereby amended as follows: 120L22 .",,,,1, 1EI Elu Alu, COVIHMIIERCIAI., DISTRICT. ."T. Subd. 2. Permitted uses. The following are permitted uses in a C-1 District: a. Trade and services. Retail stores, personal service or business service establishments, including the following and other similar uses: (1) Amusement places (such as dance halls or roller rinks) and commercial recreation; (2) Antique, resale or gift shop; (3) Apparel sales; (4) Art and school supplies and picture framing; (5) Art gallery and sales; (6) Auto accessory store; (7) Bakery goods and baking of goods for retail sales on the premises; (8) Bank, savings and loan, savings credit unions and other financial institutions; (9) Barber shops; (10) Beauty parlors; (11) Bicycle sales and repair; (12) Books, office supplies or stationery stores; (13) Bowling alleys; (14) Camera and photographic supplies; (15) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks; (16) Catering establishments; (17) Coffee houses; (18) Coin and philatelic stores; (19) Commercial tutoring and learning centers; (20) Computer and business machine sales or service stores; (21) Convenience grocery stores (not supermarket type and without motor fuel); (22) Copy service, printing service and newspaper offices; (23) Day spas; (24) Delicatessen; (25) Department and discount stores; (26) Drugstore; 41 (27) Dry cleaning, including plant accessory thereto, pressing and repairing; (28) Electrical home appliance stores, including incidental repair and assembly but not fabricating or manufacturing; (29) Employment agencies; (30) Enclosed boat and marine sales; (31) Essential services; (32) Floor covering stores; (33) Florist shop; (34) Furniture stores; (35) Garden supply stores; (36) Gift or novelty stores; (37) Government and public utility buildings; (38) Grocery store, supermarket (but not including sales from moveable, motorized vehicles); (39) Hardware; (40) Hobby and craft store; (41) Home entertainment and electronics sales; (42) Insurance sales; (43) Interior decorating studios; (44) Jewelry stores; (45) Laundromat, self-service washing and drying; (46) Leather goods and luggage stores; (47) Liquor, on and off sale; (48) Locksmiths; (49) Massage therapy services, licensed pursuant to Chapter 311 of this code; (50) Meat market, but not including processing for a locker plant; (51) Motels, motor hotels and hotels, provided that the lot contains not less than 500 square feet of lot area per unit; (52) Motor vehicle and recreational equipment sales and structures; (53) Offices - commercial and professional, including chiropractic, medical, dental and laboratories accessory thereto; (54) Optical stores and laboratories accessory thereto; (55) Paint and wallpaper sales; (56) Pest control services; (57) Pet sales, supplies and grooming; (58) Photography studios; (59) Plumbing, heating, ventilation and air conditioning, electrical sales, and the repair thereof as an accessory use to the retail establishment permitted within this district, but not including fabricating or manufacturing; (60) Private clubs or lodges serving food and beverages; (61) Public utility collection offices; (62) Real estate sales; (63) Record - music shops; (64) Recreation - personal fitness; (65) Religious institutions; (66) Restaurants and cafes, not including drive-in facilities; (67) Shoe stores and shoe repair; (68) Sporting goods sales; 42 (69) Tailor shops; (70) Tanning salons; (71) Theatres, not of the outdoor drive-in type; (72) Tobacco shops; (73) Toy stores; (74) Travel bureaus, transportation ticket offices; (75) Veterinary clinic with indoor overnight care and indoor kennels; (76) Electronic media rental and sales; b. Commercial parking garages, ramps and lots for passenger vehicles only, provided stacking space is provided within the structure or lot for holding cars awaiting entrance, which stacking space shall have a capacity of no less than two vehicles; C. Adult establishments, subject to the requirements of Chapter 309 and Chapter 509 of the city code, as may be amended; d. Public parks and public open space; e. Uses similar to those enumerated in a. above, but not included in the listing, shall be subject to review and recommendation by the Planning Commission and approval by the City Council. It is the responsibility of the applicant to demonstrate that a particular use is consistent with the uses listed above, including, but not limited to, traffic, hours of operation, noise, signage and the market intended to be served. Section 36: City Code Section 1201.22 Subd. 4. is hereby amended as follows: 1201a22 .",,,,1, I1E]'SElugAlu, OVIII il[E)u `IAlu, DISTRICT. )l ."Ta Subd. 4. Conditional uses. The following are conditional uses allowed in a C-1 District: (Requires a conditional use permit based on procedures set forth in and regulated by § 1201.04.): a. Convenience store or grocery store with motor fuel sales (no vehicle service or repair), provided that: (1) Retail sales shall be limited to those allowed in this district (C-1); (2) Take out food: Convenience/deli food is of the take-out type only and no provision for seating or consumption on the premises is provided. Furthermore, the enclosed area devoted to such activity, use and merchandise shall not exceed 20% of the gross floor area; (3) Litter control: The operation shall be responsible for litter control within 500 feet of the property line on a daily basis. (4) Any outdoor sales, display or storage shall be subject to a separate conditional use permit, as provided for in this section; (5) Hours of operation: The hours of operation shall be limited to between 6:00 A.M. and midnight unless extended by the City Council; (6) Motor fuel facilities shall be subject to a separate conditional use permit as provided for in this section; (7) For facilities constructed after July 21, 2006, the architecture of the proposed buildings shall have a residential character. Specifically, roofs, including accessory canopies, shall have a minimum pitch of 4:12 (four feet vertical per twelve feet horizontal); (8) For facilities constructed prior to July 21, 2006, if the principal structure has a flat roof, an accessory canopy may also have a flat roof. b. Drive-in facility or convenience food establishment, provided that: 43 (1) The architectural appearance and functional plan of the building and site shall not be out of character with the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot; (2) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.; (3) Parking areas shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.; (4) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade; (5) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with § 1201.03, Subd. 5. and shall be subject to the approval of the City Engineer; (6) All lighting shall be consistent with § 1201.03, Subd. 2.v.; (7) The entire area shall have a drainage system which is subject to the approval of the City Engineer; (8) The entire area other than occupied by buildings or structures or planting shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer; (9) All signing and information or visual communication devices shall be in compliance with § 1201.03, Subd. 11.; (10) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; C. Commercial car washes (drive through, mechanical and self-service), provided that: (1) The architectural appearance and functional plan of the building and site shall not be out of character with the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot; (2) Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30 minute period and shall be subject to the approval of the City Engineer; (3) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.; (4) Parking or car stacking space shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.; (5) The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer; (6) The entire area shall have a drainage system which is subject to the approval of the City Engineer; (7) All lighting shall be consistent with § 1201.03, Subd. 2.v.; (8) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer; (9) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11.; (10) Provisions are made to control and reduce noise; (11) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; d. Motor fuel sales, auto repair - minor and tire and battery stores and service, provided that: (1) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property; (2) The architectural appearance and functional plan of the building and site shall not be out of character with the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot; (3) The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer; (4) A drainage system shall be installed, subject to the approval of the City Engineer; (5) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade; (6) The lighting shall be in compliance with § 1201.03, Subd. 2.v.; (7) Wherever fuel pumps are to be installed, pump islands shall be installed; (8) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.; (9) Parking or car stacking space shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.; (10) Vehicular access points shall create a minimum conflict with through traffic movement, shall comply with § 1201.03, Subd. 5.g. and shall be subject to the approval of the City Engineer; (11) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11.; (12) Provisions are made to control and reduce noise; (13) Any outside storage shall be in compliance with Subd. 41, below; (14) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions; (15) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; e. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that: (1) Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met; (2) Equipment is completely enclosed in a permanent structure with no outside storage; (3) Adequate screening and landscaping from neighboring residential districts is provided in accordance with § 1201.03, Subd. 2.g.; (4) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; f. Open and outdoor storage as an accessory use, provided that: (1) The use does not constitute more than 30% of the lot area and no more than the floor area of the first story of the principal structure; (2) The area is fenced and screened from view of neighboring residential uses or if abutting an R District; (3) Storage is screened from view from the public right-of-way; 45 (4) Storage area is grassed or surfaced to control dust; (5) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; (6) All lighting shall be in compliance with 1201.03, Subd. 2.v. ; (7) Storage area does not take up parking space as required for conformity to this chapter; (8) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; g. Open or outdoor service, sale and rental as a principal or accessory use, provided that: (1) Outside services, sales and equipment rental connected with the principal use is limited to an area no larger than the gross floor area of the principal use; (2) Outside sales areas are fenced or screened from view of neighboring residential uses or abutting R District in compliance with § 1201.03, Subd. 2.g.; (3) All lighting shall be in compliance with § 1201.03, Subd. 2.v.; (4) Sales area is grassed or surfaced to control dust; (5) The use does not take up parking space as required for conformity to this chapter; met; (6) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily h. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this section, provided that: (1) The use is allowed as a permitted use in a C-1 district; (2) The use does not constitute more than 30% of the lot area and no more than 50% of the gross floor area of the principal use; (3) Adequate off-street parking and off-street loading in compliance with the requirements of § 1201.03, Subds. 5. and 6. is provided; (4) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11.; (5) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; i. Daycare facilities, as defined in § 1201.02, Subd. 4., serving ten or more persons, as a principal or accessory use, provided that: (1) The facility shall be licensed by the State of Minnesota. No certificate of occupancy shall be issued for a daycare facility until proof of approved applicable state licenses has been provided to the Zoning Administrator; (2) All child daycare facilities shall have an outdoor activity area complying with the following: licensing; residential lot boundary; neighboring residential uses; (a) The activity area shall comply with the size required for state (b) The activity area shall be located at least 25 feet from any adjacent (c) The activity area shall be screened and landscaped to buffer (d) The activity area shall be enclosed to prevent children from leaving the premises unattended; (3) Off-street parking must be provided in compliance with § 1201.03, Subd. 5. The number of parking spaces required for a daycare facility shall be one space for each four persons of licensed capacity; we (4) Adequate short-term parking or drop-off area shall be provided within close proximity to the main entrance of the building and shall be located so as not to necessitate pedestrian crossing of a drive aisle. The short-term parking or drop-off area shall accommodate at least three car spaces and shall be designated as temporary in nature. The short-term parking or drop-off area shall not conflict with off-street parking access or pedestrian movement; (5) The structure in which the daycare facility is located shall comply with all applicable building and fire codes; (6) The provisions of § 1201.04, Subd. l.d.(1) of the this code must be considered and satisfactorily met; j. Self -storage facility, as defined in this chapter, provided that: (1) Adequate screening and landscaping from neighboring residential districts is provided in accordance with § 1201.03, Subd. 2.g.; (2) The entire facility is located within a complete enclosure. The enclosure shall conform to applicable city codes and ordinances; (3) The access to the facility shall be by a security gate; (4) The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight, Friday and Saturday; (5) The lighting shall be in compliance with section 1201.03 Subd. 2.v. ; (6) The structures shall conform to height restrictions of the C-1 District. In addition, all structures within 50 feet of any property line shall be limited to one story or 15 feet, whichever is less; (7) The storage is confined to enclosed permanent structures; (8) The use of all structures shall be limited to storage only. No retail service businesses or workshops shall be allowed. Each facility shall have one residential dwelling unit to be used only by a resident caretaker or manager. The requirement of a caretaker residence may be waived by the City Council, provided that: (a) A caretaker residence for an approved self -storage facility under the same ownership is located within 600 feet of the subject property; (b) The applicant shall submit a plan showing where a caretaker residence can be located on the property in the future; (c) The applicant shall submit restrictive covenants, to be recorded against the property, restricting its sale unless a caretaker residence is constructed on the property, or a caretaker residence for an approved self -storage facility under the same ownership, located within 600 feet of the subject property is provided; (9) The entire area, other than occupied by the buildings or plantings, shall be surfaced with material which will control dust and drainage and is subject to the approval of the City Engineer; (10) The number of off-street parking spaces shall not be less than six. No on - street parking shall be allowed; (11) Loading areas shall be located entirely within the site which will be designed so as not to require backing in from a public street; (12) The applicants shall provide a performance bond or letter of credit to assure completion of the facility in accordance with the plans and specifications approved by the City Council. The amount of the bond shall be established by the City Council at the recommendation of the city staff, (13) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; k. Commercial planned unit development as regulated by § 1201.06 of this chapter, provided that: 47 (1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses or conditional uses in this section; (2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25 of this chapter. Section 37: City Code Section 1201.23 Subd. 4. is hereby amended as follows: 1201.23 C-2, COMMERCIAL SERVICE DISTRICT. Subd. 4. Conditional uses. The following uses are permitted only subject to the issuance of a conditional use permit as regulated in § 1201.04: a. Automobile repair - minor, provided that: (1) The entire site other than that taken up by a building, structure or landscaping shall be surfaced with a material to control dust and drainage which is subject to approval by the City Engineer; (2) A drainage system subject to approval by the City Engineer shall be installed; (3) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade; (4) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the city staff, (5) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 1201.03, Subd. I L; (6) Any outside storage shall be in compliance with paragraph b of this Subd.; (7) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; and (8) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; b. Open and outdoor storage as an accessory use, provided that: (1) The use does not constitute more than 30% of the lot area and no more than the floor area of the first story of the principal structure; (2) The area is fenced and screened from view of neighboring residential uses or if abutting any R District; (3) Storage is screened from view from the public right-of-way; (4) Storage area is grassed or surfaced to control dust; (5) Landscaping is provided in compliance with § 1201.03, Subd. 2g; (6) All lighting shall be in compliance with section 1201.03 subd. 2.v.; (7) Storage area does not take up parking space as required for conformity to this chapter; (8) The provisions of § 1201.04, Subd. ld(1) are considered and satisfactorily met; C. Open or outdoor service, sale, rental and display as a principal or accessory use, provided that: (1) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting R District; (2) Landscaping is provided in compliance with § 1201.03, Subd. 2g; (3) All lighting shall be in compliance with section 1201.03 subd. 2.v.; (4) Sales area is grassed or surfaced to control dust; (5) The use does not take up parking space as required for conformity to this chapter; (6) The provisions of § 1201.04, Subd. ld(1) are considered and satisfactorily met; d. Fabrication (cutting, assembly and/or welding) of wood or metal products only when accessory to an activity allowed as a permitted use or conditional use within this section, provided that: (1) Any outside storage shall be in compliance with Subd. 4b of this section; (2) Adequate off-street parking and off-street loading is provided in compliance with the requirements of § 1201.03, Subds. 5 and 6; (3) Provisions are made to control and reduce noise; (4) The provisions of § 1201.04, Subd. ld(1) are considered and satisfactorily met; e. Building trade contractor's shop for businesses engaged in specialized construction activities such as plumbing, painting, electrical work, carpentry and well drilling; primarily for residential development, but not including heavy construction, provided that: (1) Activities of the business would typically be performed at a construction site but some incidental work may be performed in the shop; (2) Any outside storage shall be in compliance with Subd. 4b of this section; (3) Landscaping is provided in compliance with § 1201.03, Subd. 2g; (4) The provisions of § 1201.04, Subd. ld(1) are considered and satisfactorily met; f. Commercial planned unit development as regulated by § 1201.06, provided that: (1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section; (2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25; g. Operational facilities for commercial and residential lake and Lakeshore dredging, excavation and related construction and other services and the storage of equipment, machinery, watercraft, materials and supplies relating thereto, provided that: (1) The use was in lawful existence prior to May 19, 1986; (2) The area is fenced and screened from view of abutting residential uses or if abutting any R District, in accordance with plans and specifications approved by the City Council; (3) Storage is screened from view from the public street right-of-way; (4) Landscaping is provided in compliance with § 1201.03, Subd. 2g; (5) All lighting shall be in compliance with section 1201.03 subd. 2.v.; (6) Outdoor storage shall be limited to only that which is necessary to the conduct of the principal use; (7) Outdoor storage does not take up parking space as required for conformity to this chapter; (8) Any emission of noise shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended; (9) Any use of the lake shall be approved by the Lake Minnetonka Conservation District; (10) The use of the property shall be approved by the Commissioner of the Department of Natural Resources; (11) No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading, drainage and erosion control plans shall be approved by the City Engineer; (12) Any handling or storage of flammable liquids shall be subject to the approval of the local Fire Marshal. Section 38: City Code Section 1201.24 Subd. 2. is hereby amended as follows: 1201.24 L-R, LAKESHORE RECREATIONAL DISTRICT. Subd. 2. Permitted uses. The following are permitted uses in the L-R District as regulated herein with special limitation requirements and conditions attached as provided in subdivision 8 below. Water harboring of boats at docks attached to land, including limited related service facilities as hereinafter authorized, subject to an annual operating license which shall be issued only in accordance with the following standards and limitations. Section 39: City Code Section 1201.24 Subd. 8 k. is hereby amended as follows: 1201.24 L-R, LAKESHORE RECREATIONAL DISTRICT Subd. 8. Special and specific standards and conditions. The following are special and specific design standards and conditions of limitations applicable to water -harboring of boats. k. All lighting shall be consistent with section 1201.03 subd. 2.v. except that no light or combination of lights which cast light on residential property, the lake or the public right-of-way shall exceed four -tenths foot-candles (meter reading) as measured from the property line and 250 feet from the shoreline; Section 40: City Code Section 1201.25 Subd. 6. b. is hereby amended as follows: 1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT. Subd. 6. Procedure for processing a P. U.D. b. Pursuant to Minnesota Statutes 15.99, an application for any stage of a PUD or an amendment to the PUD shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. C. General concept plan. (1) Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing his or her basic intent and the general nature of the entire development without incurring substantial cost. The following elements of the proposed general concept plan represent the immediately significant elements for city review and comment: (a) Overall maximum P.U.D. density range; (b) General location of major streets and pedestrian ways; 50 (c) General location and extent of public and common open space; (d) General location of residential and nonresidential land uses with approximate type and intensities of development; (e) Staging and time schedule of development; (f) Other special criteria for development; (2) Schedule: (a) Developer meets with the Zoning Administrator to discuss the proposed development; (b) The applicant shall file the concept stage application, together with all supporting data and filing fee as established by City Council resolution; (c) The Planning Commission shall hold a public hearing; (d) The Zoning Administrator, upon verification of the complete application, shall set a public hearing at a regular meeting of the Planning Commission. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a time and place of the public hearing and a description of the request and be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 750 feet of the boundary of the property in question; (e) Failure of a property owner to receive the notice shall not in validate any proceedings as set forth within this chapter; (f) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide a general assistance in preparing a recommendation on the action to the City Council. Additionally, the request shall be referred to the Park Commission for their review and comment; (g) Upon consent of the City Council, the Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter; (h) The applicant or a representative thereof may appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed development; (i) The Planning Commission shall review the reports and plans and submit its recommendations to the Council and applicant. The report shall contain the findings of the Planning Commission with respect to the general concept plan.; 0) The Zoning Administrator, upon receipt of the Planning Commission recommendation, shall schedule the request before the City Council at a public meeting; (k) Council action: (i) The applicant or a representative thereof may appear before the City Council in order to present the planned unit development and answer questions concerning the proposed project; (ii) The Council shall review the proposed development, any reports and recommendations of advisory commissions and city staff and testimony from the public hearing; (iv) In evaluating the request, the Council shall determine the relationship between the proposed development, the Comprehensive Plan and this chapter. Where any question exists as to city policy, the Council may, at any time, refer the project or any specific item within the project back to the Planning Commission for further study and with clarification as to the policy; 51 (v) The City Council shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter; (vi) The City Council may require revisions to or modifications of the general concept plan where deemed necessary. Any revision or modification shall be referred to the Planning Commission for informational purposes; (vii) Within the time specified in Section 1201.25 Subd. 6. b., the City Council shall grant approval of or deny the concept plan; (viii) The City shall provide written findings to the applicant after the City Council acts to approve or deny the plan; (3) Optional submission of development stage plan. In cases of single stage P.U.D.'s or where the applicant wishes to begin the first stage of a multiple stage P.U.D., immediately he or she may, at his or her option, initially submit development stage plans for the proposed P.U.D. In this case, the Planning Commission and Council shall consider the plans, grant or deny development stage plan approval in accordance with the provisions of Subd. 6c. (4) Effect of concept plan approval. Unless the applicant shall fail to meet time schedules for filing development stage and final plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this chapter or of any approval granted pursuant to it, a general concept plan which has been approved shall not be modified, revoked or otherwise impaired pending the application of development stage and final plans by any action of the city without the consent of the applicant. Problems arising or found to exist during the development or final plan stage of a project may provide cause for the city to require modification of the general concept plan. (5) Limitation ofgeneral concept plan approval. Unless a development stage plan covering at least ten dwelling units or the area designated in the general concept plan as the first stage of the P.U.D., whichever is greater, has been filed within six months from the date Council grants general concept plan approval, or in any case where the applicant fails to file development stage and final plans and to proceed with development in accordance with the provisions of this chapter and of an approved general concept plan, the approval may be revoked by Council action. In this case, the Council shall forthwith adopt a resolution repealing the general concept plan approval for that portion of the P.U.D. that has not received final approval and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. Upon request by the applicant, the Council, at its discretion, may extend the approval for additional periods not in excess of six months each. Section 41: City Code Section 1201.25 Subd. 6. c. (4) is hereby amended as follows: 1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT. Subd. 6. Procedure for processing a P. U.D. d. Development stage. (4) Schedule. (a) Developer meets with the Zoning Administrator and city staff to discuss specific development plans. (b) The applicant shall file the Development Stage application within six months after Concept Plan review, together with all supporting data and filing fee. 52 (c) Technical staff reports shall be prepared on the proposed development and distributed to the Planning Commission. (d) The applicant or a representative thereof may appear before the Planning Commission in order to answer questions concerning the proposed development. (e) The Planning Commission will make a recommendation to the City Council on the Development Stage Plan. (f) Council action: (i) The applicant or a representative thereof may appear before the City Council in order to present the Development Stage Plan and answer questions concerning the Plan; (ii) The Council shall review the Development Stage Plan and any reports and recommendations of advisory commissions and city staff, (iii) The Council shall determine the relationship between the Development Stage Plan and the previously approved Concept Plan. (iv) Where deemed necessary, an additional public hearing may be required during the Development Stage of the P.U.D. The public hearing shall be held at the discretion of the City Council and shall comply with the procedures set forth in subdivisions 6b(2)(c) through 0) of this section. (v) The City Council may require revisions to or modifications of the Development Stage Plan where deemed necessary. Any revision or modification may be referred to the Planning Commission for informational purposes. (vi) Within the time specified in Section 1201.25 Subd. 6. b., the City Council shall approve or deny the Development Stage Plan. If approved, the City Council shall include any specific terms and conditions of the PUD into the approving resolution and may require a P.U.D. agreement for multiphased projects or projects that include a subdivision and/or construction of public or private improvements. This agreement shall be signed by the Mayor of the City of Shorewood, City Administrator/Clerk and the applicant within 60 days of Council approval of the Development Stage Plan, unless the City Council receives and approves a request for an extension from the applicant prior to expiration. The request must explain the efforts taken to complete the conditions of approval. If denied, the Council action shall be by resolution setting forth the findings for its action. In all cases, a copy of the document evidencing City Council action shall be promptly delivered to the applicant by the Zoning Administrator. Section 42: City Code Section 1201.25 Subd. 6. d. (2-4) is hereby amended as follows: 1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT. d. Final Plan. (2) Schedule. Upon approval of the Development Stage Plan, and within the time established by Subd. 6.c.(5) above, the applicant shall file with the Zoning Administrator a Final Plan consisting of the information and submissions required by Subd. 5.c. of this section for the entire P.U.D. or for one or more stages. This plan will be reviewed and approved/denied by city staff, unless otherwise specified by the City Council. (3) Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved Final Plan has been approved and is consistent with the applicable ordinances of the city, all 53 appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan; provided, however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied. (4) Limitations on Final Plan approval. Approval of the Final Plan P.U.D. shall expire within one year after the City Council grants the approval if construction has not commenced or unless an extension shall have been granted as hereinafter provided. The effect of this expiration shall automatically render void the P.U.D. and all approvals of the P.U.D. plan and the area encompassed within the P.U.D. shall thereafter be subject to those provisions of the zoning ordinance and other ordinances applicable in the district in which it is located. In this case, the Council shall adopt an ordinance repealing all P.U.D. approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. Section 43. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 14th day of December, 2020. ATTEST: SANDIE THONE, CITY CLERK SCOTT ZERBY, MAYOR 54 CITY OF SHOREWOOD RESOLUTION NO. 20- A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. 575 BY TITLE AND SUMMARY WHEREAS, at a duly called meeting on December 14, 2020, the City Council of the City of Shorewood adopted Ordinance No. 575 entitled "AN ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 1201 (ZONING REGULATIONS) OF CITY CODE", and, WHEREAS, The City Council has adopted a lengthy ordinance amending City Code sections 1201.02, 1201.03, 1201.04, 1201.05, 1201.07, 1201.10, 1201.11, 1201.14, 1201.19, 1201.22, 1201.23, 1201.24, and 1201.25 to update and clarify the zoning regulations and to add additional lighting regulations. 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. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: The City Council finds that the above title and summary of Ordinance No. 575 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 575 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 14th day of December, 2020. ATTEST: Sandie Thone, City Clerk Scott Zerby, Mayor #9A MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: Adoption of the 2021 General Fund Budget and Property Tax Levy Collectible in 2021 Meeting Date: December 14, 2020 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachment: Resolution 2021 General Fund Summary Budget Policy Consideration: Adoption of this resolution will allow staff to certify the General Fund budget and property tax levy to Hennepin County as required by Minnesota statutes. Background: On September 14, 2020, the City of Shorewood adopted the proposed 2021 General Fund budget. In addition, the city adopted the “2021 Proposed Levy Certification” for submission to the Hennepin County Auditor. On December 7, 2020, a truth in taxation meeting was held at which the public was invited to discuss the budget and property tax levy. Overall proposed 2021 General Fund expenditures (excluding transfers out) are budgeted at $5,579,120 or a 3.3% increase from the 2020 General Fund budget. Total transfers out are budgeted to decrease from $1,222,415 in 2020 to $102,300 in 2021. This is due to a change in budget presentation. Through the 2020 budget, the General Fund levied all property taxes, and subsequently made transfers out to other funds, predominately for capital projects. For 2021, the City is proposing to levy taxes directly to capital projects and debt service funds, thereby eliminating the need for the transfers out of the General Fund. The Shorewood Community and Event Center will continue to receive annual transfers from the General Fund. The revenues section of the 2021 General Fund budget draft includes a detail of taxes section. General Fund 2021 revenues (excluding transfers in) are budgeted at $5,462,938, or a 16.5% decrease from the 2020 budget. This is due to the proposed taxes being directly levied to various capital projects and debt service funds, and no longer considered to be revenues of the General Fund. The General Fund portion of the property tax levy is proposed to increase by $42,357, with all other non-General Fund levies budgeted to increase $74,775. To balance the 2021 General Fund budget, a “use of reserves” of $193,482 is currently included, and is based upon projected fund balance at the end of 2020. Actual results currently project to a General Fund reserves increase for 2020. The City received $579,593 in CARES/COVID-19 aid in 2020 and used the funds to reimburse itself for joint powers police personnel costs. Those funds are available to cover the “use of reserves” in 2021. This compares to a budgeted use of General Fund reserves of $56,385 in the 2020 budget. 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 Individual proposed fund property tax levies are as follows: General Fund $4,778,853 Debt Service Funds: 2017A Public Project Lease Revenue Refunding Bonds $93,090 2020A G.O. Street Reconstruction Bonds $208,186 Capital Project Funds: Equipment Replacement $100,000 Street Improvements $693,614 Park Improvements $100,000 $5,973,743 The City’s 2021 overall preliminary property tax levy of $5,973,743 is 2.0% higher than the 2020 total levy of $5,856,611. Again, the General Fund portion of the property tax levy is proposed to increase by $42,357, or 0.9% with all other non-General Fund levies budgeted to increase $74,775, or 6.7%. Based on property tax capacity estimates of a 6.7% increase, the City is proposing to decrease the payable 2021 City tax rate by 4.7% from 29.008% in 2020 to 27.648% in 2021. The tax impact (percentage change in taxes) to homeowners may be less than the 2.0% percentage increase in the total levy, along the lines of a 4.7% decrease to a 1% decrease. This is due to the spreading of taxes on an increased property tax base. In recent years, the overall property value of the City has increased at a faster rate than the property tax levy, resulting in a slow decline to the local tax rate. For 2021, a 4.7% decrease to the local tax rate is included in the proposed budget. Financial or Budget Considerations: The adoption of this resolution records the City Council’s spending priorities for 2021 and the amount of property taxes to be raised. Options: The City Council may choose to: 1. Approve the resolution adopting the 2021 General Fund operating budget and approving the property tax levy collectible in 2021. 2. Make revisions to the 2021 property tax levy and/or 2021 General Fund operating budget. Recommendation / Action Requested: Staff recommends that the City Council adopt the resolution as submitted. Next Steps and Timelines: The final tax levy will be applied by Hennepin County to create property tax statements that will be mailed in April, 2021, for collection on May 15 and October 15, 2021. Connection to Vision / Mission: This process contributes to sound financial management by providing financial resources to pay for desired city services. CITY OF SHOREWOOD RESOLUTION NO. 20-133 A RESOLUTION ADOPTING THE 2021 GENERAL FUND OPERATING BUDGET AND APPROVING THE PROPERTY TAX LEVY COLLECTIBLE IN 2021 WHEREAS, the 2021 Budget and property tax levies collectible in 2021 for the City of Shorewood have been prepared and reviewed by the City Council; and, WHEREAS, the budget has been modified by the City Council to meet service delivery goals; and, WHEREAS, the City Council held a Truth-in-Taxation public meeting on December 7, 2020, to receive public comment regarding the adoption of such budgets and property tax levies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. That a budget of $5,681,420 is adopted to pay for 2021 General Fund operations. 2. That the sum of $5,973,743 is levied for 2020, collectible in 2021, upon taxable property in the City of Shorewood. Individual fund property tax levies are as follows: General Fund $4,778,853 Debt Service Funds: 2017A Public Project Lease Revenue Refunding Bonds $93,090 2020A G.O. Street Reconstruction Bonds $208,186 Capital Project Funds: Equipment Replacement $100,000 Street Improvements $693,614 Park Improvements $100,000 $5,973,743 3. That the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14 day of December, 2020. ATTEST: Scott Zerby, Mayor ____________________________________________ Sandie Thone, City Clerk Comment 0.9% increase to the General Fund portion of the property tax levyadjust MSA - maintenance fundingreduce reliance on variable revenuesreclassification of Council expendituresreclassification of Council expendituresAdmin Asst 0.5 P-T to 1.0 FTE F-T; Comm Coord 0.8 to 1.0 FTEAdmin Asst 0.5 P-T to 1.0 FTEAdmin Asst 0.5 P-T to 1.0 FTE (full benefits)2021 is an off year for electionsKutak Rock; PottsCounty AssessorAdmin Asst 0.5 P-T to 1.0 FTE F-TAdmin Asst 0.5 P-T to 1.0 FTE F-TAdmin Asst 0.5 P-T to 1.0 FTE (full benefits)increase for property/liability insuranceoperating budget increase of $54,706; capital decrease of $6,659operating budget increase of $18,640; capital decrease of $4,056phase-out of retired employeeincrerase to general engineering - new engineer 9,0006,5007,3945,7085,000 (4,000)(6,146)(7,956) 42,35747,33210,00015,00026,92048,04714,58471,750 (10,000)(25,450)(18,341) 1 Budget Change ($) 2020 to 2021 Account TaxesMunicipal State Aid for StreetsInterest EarningsEventsContractual ServicesFull-TimePart-TimeEmployee InsuranceAllLegal FeesContractual Services (County Assessor)Full-TimePart-TimeEmployee InsuranceInsuranceContractual ServicesContractual ServicesFull-TimeAll Department City of ShorewoodNotable Budget Changes2020 to 2021 GENERAL FUND RevenuesRevenuesRevenuesCouncilCouncilAdministrationAdministrationAdministrationElections Professional ServicesProfessional ServicesPlanningPlanningPlanningMunicipal BuildingsPoliceFireP rotective InspectionsEngineer Comment LEO replaced by LEO-Utilitiesice and snow removal materialsincrease of $5,000 for 2021increase of $5,000 for 2021increase of $66,800 for 2021LEO replaced by LEO-UtilitiesLEO replaced by LEO-Utilitiesinterest on 2020 bonds includedLEO replaced by LEO-Utilitiesadjust to 2021 Met Council estimatecharges are being reviewedinterest on 2020 bonds includedinterest on 2020 bonds included 6,0005,0005,0008,1465,1834,013 66,80046,51432,06327,469 (39,569)(50,000) 169,592 2 Budget Change ($) 2020 to 2021 Account Full-TimeGeneral SuppliesPark ImprovementsEquipment ReplacementStreet ImprovementsFull-TimeInsuranceBond InterestFull-TimeMCES SAC ChargesExcelsior sewer chargesBond InterestBond Interest Department City of ShorewoodNotable Budget Changes2020 to 2021 Public WorksIce & Snow RemovalTransfers Out/Tax LevyTransfers Out/Tax LevyTransfers Out/Tax Levy Water Fund WaterWaterWater Sewer Fund SewerSewerSewerSewer Storm Water Fund Storm Water #9B MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: Adopting the 2021 Budgets for the Shorewood Community & Event Center and Enterprise Funds Meeting Date: December 14, 2020 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Shorewood Community & Event Center 2021 Budget Enterprise Funds 2021 Budgets Please find attached for your approval the recommended 2021 budgets for the Shorewood Community & Event Center and enterprise funds. Background: Shorewood Community & Event Center Budget: The SCEC is funded by facility rentals and annual transfers from the General Fund. For 2021, a transfer of $70,000 is scheduled to assist with operations, and a $32,300 transfer is projected to assist with building improvements. Staff will evaluate the SCEC expenditures and revenues with the anticipation that the annual transfer can be reduced in future years. Enterprise Fund Budgets: The City maintains and budgets four enterprise funds: Water, Sewer, Storm Water, and Recycling. These funds are supported by user charges/utility fees. In 2019-2020, the financial impact of completing various city street and utility construction projects was analyzed, and the City Council contemplated utility rate increases with a goal to sustain positive utility fund cash balances. Financial or Budget Considerations: The adoption of these budgets does not limit the City Council’s ability to modify spending priorities or authorizations throughout the year. Options: The City Council may choose to: 1. Approve the resolution adopting the 2021 budgets for the Shorewood Community & Event Center and Enterprise funds as presented; 2. Make additional changes and adopt the amended budgets. 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 Recommendation / Action Requested: Staff recommends that the City Council adopt the budgets resolution as submitted by staff. Next Steps: City staff will implement the 2021 budgets as authorized. CITY OF SHOREWOOD RESOLUTION NO. 20-134 ADOPTING THE 2021 SHOREWOOD COMMUNITY & EVENT CENTER BUDGET AND 2021 ENTERPRISE FUND BUDGETS WHEREAS, City staff have presented the preliminary 2021 budgets at meetings through December, 2020; and WHEREAS, the City Council has reviewed the budgets and made modifications to each that reflect desired community service levels; and WHEREAS, these budgets represent a reasonable estimate of what needs to be spent to provide the desired service level; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The Shorewood Community & Event Center budget is hereby adopted as presented. 2. The Water, Sewer, Storm Water, and Recycling budgets are hereby adopted as presented. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of December, 2020. ATTEST: Scott Zerby, Mayor __________________________________ Sandie Thone, City Clerk 9C MEETING TYPE Regular City of Shorewood Council Meeting Item Title / Subject: Capital Improvement Plan 2021-2030 Meeting Date: December 14, 2020 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Capital Project Funds 2021 Budgets Capital Improvement Plan 2021-2030 Capital Improvement Plan 2021-2030: On an annual basis, the City Council adopts a Capital Improvement Plan (CIP). The CIP lists major capital improvements, and the sources to pay for them. Items in the CIP are not mandated, and the Council reviews capital spending throughout the year. The CIP provides an estimation of the timing and cost of future projects. Future fund balance surplus (deficit) projections for the City’s various capital project funds are included to assist in financial planning. The 2021 amounts in the capital project fund projections are considered to be the preliminary 2021 budgets. Shorewood Community & Event Center (SCEC): Capital items for the SCEC include building improvements and equipment for the Center. Transfers from the General Fund are the planned source to pay for these items. Park Improvements: In recent years, the parks CIP has included significant expenditures for projects and proposes various improvements going forward. The Park Improvements fund is projected to fluctuate between negative and positive positions over the life of the CIP. For 2020, the annual transfer/levy to the parks fund was $95,000, and is projected to increase by $5,000 per year. Projects being proposed for 2021 include: o Silverwood Park playground equipment: $240,000 Equipment Replacement: The majority of the CIP for equipment replacement pertains to Public Works items, but also includes some administrative technology items. The City’s Equipment Replacement capital fund projection maintains a positive level through 2028. For 2020, similar to the parks fund, the annual transfer/levy to the equipment fund was $95,000, and is projected to increase by $5,000 per year. Projects being proposed for 2021 include various vehicles and equipment as shown on the attached listing. 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 Street Improvements: City staff has discussed overall infrastructure system recommendations and is proposing the following projects for 2021: o 2021: Maintenance-Bituminous Roadway (streets); includes Manor Road, Near Mountain Blvd, Old Market Road, Covington Road, Radisson Road, Radisson Inn Road, nd Sweetwater Curve, Seamans Drive, Idlewild Path, Brant Circle, West 62 Street o 2021: Glen/Amlee/Manitou (streets, water, sewer, storm) o 2021: Minnetonka Blvd & St. Albans Rd (streets) o 2021: Smithtown Pond (storm) o 2021: Smithtown Pond Trail Connection (streets) o 2021: Sweetwater Curve Watermain (water) o 2021: Shorewood Oaks Drainage (storm) o 2021: Grant Street Drainage (storm) o 2021: Mill & Overlay – Drainage Improvements (storm) For each of the applicable proposed street and utility improvement projects, it is assumed that the Water, Sewer, and Stormwater funds will fund associated utility costs. Without financing assistance and beginning in 2020, the Street Improvement fund activities were originally projected to result in a significant fund deficit. In addition, the City’s utility funds were projected to be significantly depleted. In order to complete the proposed street and utility projects from 2020-2030, Street Reconstruction bonds and utility revenue bonds are proposed to be issued annually to allow for the spreading of repayments over a period of years. To repay the bonded debt, a combination of annual property tax levies and utility fund rate increases and contributions will be necessary. MSA: The City’s estimated share of the Highway 7 and Old Market Road costs is included and is projected to be paid with MSA road funds. Trails: A placeholder amount for the Galpin Lake Road sidewalk is included. Staff is exploring a safe routes to school grant application for the Galpin Lake Road sidewalk, and will continue to submit for a bonding bill appropriation. Projects are to be determined. Utility Funds: The Capital Improvement plans for Water, Sewer, and Stormwater funds include equipment, portions of street infrastructure projects, as well as maintenance and preventative maintenance items. As noted, the utility funds cash reserves are not likely to be sufficient to finance the utility portions of the proposed street improvements. In order to finance the improvements, bonded debt with debt service repayments supported by utility revenues and franchise fees will be necessary. Financial or Budget Considerations: The adoption of these budgets does not limit the City Council’s ability to modify spending priorities or authorizations throughout the year. Options: The City Council may choose to: 1. Approve the resolution adopting the 2021-2030 Capital Improvement Plan and 2021 budgets for the Capital Project funds as presented; 2. Make additional changes and adopt the amended Capital Improvement Plan and budgets. Recommendation / Action Requested: Staff recommends that the City Council adopt the Capital Improvement Plan and Capital Projects funds budgets resolution as submitted by staff. Next Steps: It is recommended that the City Council periodically review the Capital Improvement Plan and long- range financial plan funding projections. CITY OF SHOREWOOD RESOLUTION NO. 20-135 ADOPTING THE 2021-2030 CAPITAL IMPROVEMENT PLAN, AND 2021 CAPITAL PROJECT FUND BUDGETS WHEREAS, City staff have presented the preliminary Capital Improvement Plan (CIP) and 2021 capital project fund budgets at meetings through December, 2020; and WHEREAS, the City Council has reviewed the CIP and budgets and made modifications to each that reflect desired community service levels; and WHEREAS, these budgets represent a reasonable estimate of what needs to be spent to provide the desired service level; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The 2021-2030 Capital Improvement Plan is hereby adopted as presented. 2. The Park Improvement, Equipment Replacement, Street Reconstruction, MSA, Trail Construction, and Community Infrastructure budgets are hereby adopted as presented. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of December, 2020. ATTEST: Scott Zerby, Mayor __________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9D Title/Subject: MetroNet Letter of Understanding Meeting Date: December 14, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Reviewed By: Tim Keane, City Attorney Attachments: Letter of Agreement dated November 10, 2020 Background: The cities of Shorewood, Excelsior, and Tonka Bay were contacted by representatives of MetroNet, expressing interest in installing fiber optic throughout the three cities to provide Internet and cable television. MetroNet purchased Jaguar Communications, who previously installed fiber optic to City Hall. A meeting between MetroNet and the three cities was held, and the Letter of Agreement to each of the cities followed from that meeting. The Letter accurately outlined the discussion of the meeting. Before bringing the Letter forward for City Council consideration, I thought it would be good to hear other cities’ experiences with MetroNet. In late November I reached out to the City of Rochester as MetroNet is almost complete with their fiber buildout of that city. A conference call was held with five other cities on December 2, and Rochester provided a great deal of information about their experience in working with MetroNet in all phases of the project. Rochester’s experience with MetroNet was consistent with MetroNet told us it would be when they do this project. The city of Shorewood does not have franchise agreements with any of the internet service providers in the city – including Mediacom and CenturyLink. The cable TV franchise the city has is held through the Lake Minnetonka Communications Commission. LMCC’s desire is to have any company holding a franchise agreement through them, provide cable TV throughout the Commission’s service area. Metronet stated that their interest is in Shorewood, Excelsior, and Tonka Bay. They have no plans to extend service to all LMCC cities, so they will be requesting a franchise agreement directly with each of the three cities. Any franchise agreements must comply with the provisions of the cable TV section in Minnesota Statutes Chapter 238. Financial or Budget Considerations: There are no specific financial or budget impacts at this time. If the project proceeds, there will be costs related to plan review and field location and inspection. But those costs would be the same for any provider who wished to construct a utility in the city. There will be a franchise fee in favor of the city negotiated as part of the franchise agreement. 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 Options: Accept or reject the Letter of Agreement. If the city does not approve the letter, it is likely that MetroNet will consider other communities to focus their attention and investment. Recommended Action: One of the most frequent complaints the city receives is about the poor internet service that is available in the city, and staff has worked for several years to encourage a company to provide an alternative for reliable service throughout the city. Staff recommends approval of the Letter of Agreement as presented. Next Steps and Timeline: This is the first step in this process. Future steps include consideration of a cable TV franchise agreement, as well as agreements related to installation of the utility. City of Shorewood Council Meeting Item 10A1 Title/Subject: Shorewood Community and Event Center Meeting Date: Monday, December 14, 2020 MEETING Prepared By: Twila Grout, SCEC and Park and Rec Director TYPE REGULAR Reviewed By: Greg Lerud, City Administrator Staff is providing City Council an update on the 2020 operations at the Shorewood Community and Event Center (SCEC). The year started out good, but then March 15hit us and we had to close operations due to COIVD. The center closed from March 15 to June 15. During this time, staff took the opportunity to do some house cleaning. We were able to paint the exterior of the front entrance door, paint the Activity Room, clean the kitchen top to bottom, arrange the cabinets and drawers, get all linens and china counted and arranged the storage room. As I write this update to City Council we have had to close the center again due to the Governor’s dial back for COVID until December 21. Programs and Events The Southshore Senior Partners started some of their weekly classes once the center reopened in June - fitness class, quilting, woodworking, knitting, making cards, and dementia support group. Bridge and mahjong have not returned due to COVID rules. While the center was closed, we posted virtual programs on the website and had car bingo in the fall. Everyone enjoyed getting out and doing something fun while still practicing social distance! Unfortunately, we had to cancel the Volunteer luncheon, Shining Stars luncheon, Oktoberfest, and Veterans Day luncheon this year. Rentals While rentals have been slow since the pandemic, we have had some rentals such as, celebration of life, couple of graduation parties and a craft fair. All venues followed CDC guidelines to make their events work. The craft fair had someone at the door that took temperatures, made sure everyone used hand sanitizer and kept count of how many were coming and going so they did not go over the maximum number of people. All holiday parties have cancelled this year. 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 We also have a couple new weekly rentals, a men’s group that meets once a week in the evening, another men’s group that meets for an hour every morning and a book club that meets every other month. Toastmasters and Amesbury Board have not returned to date as they continue to hold zoom meetings. Just for Kix and Senior AA returned and meet weekly. As for kitchen rentals, unfortunately 318 Café has had to cancel their rentals until spring. They are hoping they will be able to return then. We have one new rental that started the end of July, and rents a couple times a week making egg rolls and pad Thai. Staff just heard she believes she will not be renting during the closure. She is waiting to hear if the markets she goes to will be open. Another rental that was to take place this fall is waiting until 2021 and hoping to start renting in January. Improvements Fencing along the west side of the building will be replaced either this fall or early spring. Staff plans to paint the interior doors and trim during the second closure. 0Rentals-Evenings/WeekendsRentals-DaytimeKitchen Rental 2020 Rentals 35302520151050Rentals-Evenings/WeekendsRentals-DaytimeKitchen Rental 2019 Rentals 3530252015105 Below is a comparison that will give city council a view of 2019 and 2020 rentals for the year. As you can see we started out good the beginning of the year. 2019 Rentals Jan Feb Mar Apr May June Jul Aug Sept Oct Nov Dec Kitchen 10 8 7 5 14 13 13 15 11 9 8 6 Daytime 9 4 12 13 15 17 5 13 9 9 9 6 Evening/25 24 25 32 17 21 13 13 26 32 31 28 Weekend Total 44 36 44 50 46 51 31 41 46 50 48 40 2020 Rentals Jan Feb MarApr May June Jul Aug Sept Oct NovDec * ** Kitchen 8 7 3 0 0 2 6 13 10 8 2 Daytime 9 7 3 0 0 0 0 0 2 18 9 Evening/31 29 16 0 0 3 8 7 22 30 20 Weekend Total 48 43 22 0 0 5 14 20 34 56 31 * Center closed March 15 and reopened June 15 ** Center closed November 21 City of Shorewood SCEC Revenues & Expenditures YTD 2020 2020 Account Number Description 2018 2019 11/24/ REVENUES: 201-00-3410-0000 Rental Income 55,988.72 56,979.75 17,107.00 201-00-3473-0000 Event Program Fees 607.00 25.00 50.00 201-00-3477-0000 Metro Dining Cards 2,304.00 2,500.00 195.00 201-00-3480-0000 Program (Class) Fees 1,658.00 (87.00) 1,374.00 201-00-3620-0000 Interest Earnings 1,319.37 2,760.92 0.00 201-00-3623-0000 Contributions & Donations 415.00 385.00 110.00 201-00-3670-0000 Miscellaneous 260.00 15.48 0.00 Total Revenues 62,552.09 62,579.15 18,836.00 201-00-3920-0000 Transfers In - Operations 70,000.00 70,000.00 70,000.00 201-00-3920-0000 Transfers In - Building Purchase 0.00 0.00 0.00 201-00-3920-0000 Transfers In - Building Improvements 38,000.00 32,300.00 32,300.00 201-00-3920-0000 Transfers In - Fiber to SCEC 0.00 7,500.00 0.00 201-00-3920-0000 Transfers In - Technology Improv. to SCEC 0.00 10,000.00 0.00 Total Transfers In 108,000.00 119,800.00 102,300.00 Total Revenues and Transfers In 170,552.09 182,379.15 121,136.00 EXPENDITURES: 201-00-4101-0000 Full-Time Regular 25,894.67 35,297.17 35,153.11 201-00-4102-0000 Overtime 2,856.62 2,130.12 520.91 201-00-4103-0000 Part-Time 9,156.34 9,989.44 8,595.54 201-00-4121-0000 PERA - City Share 1,847.59 2,646.91 2,931.26 201-00-4122-0000 FICA - City Share 2,534.85 3,412.22 3,343.60 201-00-4131-0000 Employee Insurance 204.12 422.17 825.23 201-00-4151-0000 Workers Compensation 1,984.68 2,498.32 1,817.98 201-00-4200-0000 Office Supplies 0.00 918.87 387.85 201-00-4223-0000 Maintenance of Buildings 2,378.24 5,924.89 1,853.94 201-00-4245-0000 General Supplies 3,427.38 6,476.54 1,876.09 201-00-4246-0000 Event Supplies 0.00 616.83 480.53 201-00-4247-0000 Community Event 2,000.00 2,000.00 0.00 201-00-4248-0000 Program (Class) 10,708.71 7,479.00 4,402.34 201-00-4302-0000 Consulting Fees 0.00 0.00 0.00 201-00-4304-0000 Legal Fees 0.00 0.00 0.00 201-00-4321-0000 Communications 1,426.47 5,929.11 2,345.67 201-00-4331-0000 Travel, Conferences, Schools 181.62 23.97 35.50 201-00-4351-0000 Printing and Publishing 3,567.97 1,529.40 876.00 201-00-4380-0000 Utility Services 11,450.51 9,728.87 7,184.94 201-00-4400-0000 Contractual Services 17,857.53 16,735.74 10,810.06 201-00-4433-0000 Dues and Subscriptions 360.95 520.81 408.00 201-00-4437-0000 Taxes/Licenses 791.00 823.00 868.00 201-00-4440-0000 Misc Services 0.00 0.00 0.00 201-00-4441-0000 Arctic Fever Programs 0.00 0.00 0.00 201-00-4488-0000 COVID-19 Expenditures 0.00 0.00 713.65 201-00-4620-0000 Buildings & Structures 145,822.03 39,579.79 1,925.00 201-00-4680-0000 Other Improvements 0.00 10,691.00 0.00 Total Expenditures 244,451.28 165,374.17 87,355.20 Net Change in Fund Balance (73,899.19) 17,004.98 33,780.80 Fund Balance, January 1 88,780.83 14,881.64 31,886.62 Fund Balance, December 31 14,881.64 31,886.62 65,667.42