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04-10-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 10, 2023 7:00 P.M. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Labadie___ Johnson___ Callies___ Maddy___ Sanschagrin___ C. Review and Adopt Agenda Attachments 2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening under a single motion. These items have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff may request that an item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of March 27, 2023 Minutes B. City Council Regular Meeting Minutes of March 27, 2023 Minutes C. Approval of the Verified Claims List Claims List D. Approve Public Works Seasonal Hire City Clerk/HR Director Memo E. Approve Multiple Dock License Planning Technician Memo Location: 23500 Smithtown Road Applicant: Minnetonka Marina F. Accept Resignation of Part-Time Administrative Assistant Miechelle Norman and Approve Recruitment City Clerk/HR Director Memo CITY COUNCIL REGULAR MEETING AGENDA Page 2 G. Approve Contractor Agreement with Erica Heinrichs, Parks/Rec Director Memo Daily Wellness Tai Chi 3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on tonight's agenda, to the attention of the Council. Anyone wishing to address the Council should raise their hand, or if attending remotely please use the “raise hand” function on your screen and wait to be called on. Please make your comments from the podium and identify yourself by your first and last name and your address for the record. Please limit your comments to three minutes. No discussion or action will be taken by the Council on this matter. If requested by the Council, City staff will prepare a report for the Council regarding the matter and place it on the next agenda. 4. REPORTS AND PRESENTATIONS A. Oktoberfest Presentation by Excelsior Morning Rotary and Shorewood Parks/Rec Director 5. PARKS A. Amend Chapter 202 (Park Commission) Planning Director Memo Adding Oversight of IPM plan/Maintenance Ordinance 599 Resolution 23-035 6. PLANNING A. Amend Chapter 1004 (Rental Housing Code) Building Official Memo Regarding Flues and Woodburning Fireplaces Ordinance 598 Resolution 23-036 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Therapeutic Massage Therapy License Ordinance City Clerk/HR Director Memo Ordinance 600 Resolution 23-037 9. STAFF AND COUNCIL REPORTS A. Staff 1. Spring Clean Up/Paper Shred Communications Coordinator Memo 2. Tree Sale Update Communications Coordinator Memo CITY COUNCIL REGULAR MEETING AGENDA Page 3 3. Water Infrastructure and Delivery City Engineer Memo 4. Response to Matters From the Floor - City Engineer Memo Eureka Road Improvements 5. Response to Matters From the Floor - Planning Director Memo 24835 Yellowstone subdivision B. Mayor and City Council 10. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, MARCH 27, 2023 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Labadie, Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; Finance Director Rigdon; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Director Crossfield, and City Engineer Budde Absent: Councilmember Johnson B. Review Agenda Sanschagrin moved, Callies seconded, approving the agenda as presented. Motion passed 4/0. 2. INTEGRATED PEST MANAGEMENT City Administrator Nevinski gave an overview of the process that City has followed in creation of an Integrated Pest Management Plan and noted that the workplan documents that were created to help guide the City are available on the City’s website. He stated that following discussion at a recent work session, the plan is at the point where it needs to be started to be implemented. He noted that this will be a large undertaking and reminded the Council that the goal is to try to balance the parks, fields, community interests, and budget considerations. He stated that they have put together somewhat of a ‘pilot program’ that has been laid out in the draft workplan. He stated that staff is looking for feedback on the plan and an idea of what the Council sees as their priorities. He stated that staff has put together an estimated budget, but has not gone to market, so they are not sure if they will be able to hit the dollar amounts as projected. He noted that staff’s intent is to hold some sort of public Open House in order to get feedback on this proposed plan and then by the end of April have a formalized work plan for the remainder of the year. He explained that they would then use the results of this year in the work plan for the following year. He stated that one of things that will need to be determined is the community’s tolerance for things like weeds, but also to determine what financial resources the City will have to work with. Ryan Anderson, Sustainable Communities Manager, IPM Institute of North America, introduced himself. Councilmember Callies stated that at the recent work session the Council had talked about what would be implemented because the entire plan would not be implemented at this time. She stated that she didn’t think ‘avoiding chemicals’ for the fields provides clear direction for staff in terms of what they are supposed to do. She stated that the resolution says that the City will ‘gradually CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES March 27, 2023 Page 2 of 6 reduce the use of systemic pesticides’ and feels there should be something more clearly outlined for staff. Mayor Labadie asked Public Works Morreim to address this and asked if the word ‘avoid’ would give his crew clear enough direction. Public Works Director Morreim stated that the language for this part is really guiding the contractors. He stated that Public Works is not licensed to apply chemicals and stated that they are hopeful that they can avoid those chemicals as much as possible to get a desired level of service, especially on the ball fields because they are high traffic and high impact areas within the parks. Councilmember Callies asked if the word ‘avoid’ would make it clear to the contractors what the expectations would be. Public Works Director Morreim stated that to him ‘avoid’ means that chemicals would not be used. Councilmember Callies stated that she did not think that was what the true intent was within the most recent resolution. She stated that she does think the City needs to work towards reducing use of the ones that say ‘danger’. She stated that she also feels that there may be some disagreement about what chemicals this is referring to, for example Round Up vs. Weed B Gone. City Administrator Nevinski stated that on page six it talks about some of the different chemicals and how they are rated, which may be something that Mr. Anderson could review more thoroughly. He believes the plan says it will avoid chemicals with the word ‘danger’ which would be the guidance that Public Works director Morreim would then give to a contractor. Councilmember Callies stated that she realizes that this sounds good, but her recollection was that almost everything had a warning, including Weed B Gone. Mr. Anderson stated that the herbicide that the City has been using is called ArmorTech, which is a three-way herbicide that is typically used in turf grass management. He explained that normally the warning label on this type of product either says ‘danger’ or ‘warning’ and the least toxic is labeled ‘caution’. He stated that they usually typically see the three way herbicides used as a broadcast which means applying across the entire landscape, so that would not be in line with the plan that is trying to reduce their use. He explained that their recommendation is to really focus on the fertilization aspect of it as well as soil and overseeding which has not been a focus in the City for those elements. Councilmember Sanschagrin asked if he was recommending that the City use the phrasing ‘don’t use chemicals that are labeled – ‘danger’. Mr. Anderson stated that this was correct and would also recommend that they do not use chemicals that are labeled ‘warning’ and to use those labeled as ‘caution’ as a last resort. He noted that within their report they discussed weed tolerance thresholds. He noted that three way herbicides will not kill grass but will kill broadleaf weeds. Councilmember Callies stated that she feels the use of the word ‘don’t’ makes things more clear, but does not agree with the premise for the City at this point in time. She stated that she thought the Council had decided for the last resolution that the City should be working towards this, but CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES March 27, 2023 Page 3 of 6 cannot say that this spring the City will never use these chemicals. She stated that she felt the City could say that they will not do the broadcast type of application. Mayor Labadie reminded the Council that the most recent Bee Safe resolution had been distributed to the dais. Councilmember Sanschagrin asked if there could be an approval process with the intent of ultimately meeting the Bee Safe standards of eventually not using them at all. He stated that he feels that in order to reach the goal of not using it there needs to be some kind of system in place of approvals for using it and measurements. He gave the example of asking when it can be used, how much can be used and then having specific goals that outline, here is how much we used this year and next year the City will reduce that by fifty percent. Councilmember Callies stated that she does not think the City has data about what was being done before in terms of quantity. Public Works Director Morreim stated that he did not have first hand knowledge but has asked other staff members and the City did treat these areas one or two times per year, but did not know the actual quantity of material that was used. Mayor Labadie stated that the outside contractor that the City uses is not hired to infinity and if they cannot follow the guidelines set forth by the City, they could be let go. She stated that providing clear guidance to staff who can then pass it along to the independent contractors and letting it be known that their performance would be reviewed would be a double safeguard moving forward. She stated that she likes the way the memo was laid out with the fields listed first. Councilmember Maddy asked Mr. Anderson what the consequences would be if the City just said no to chemicals labeled ‘danger’ and how many chemicals would take off the table for possible use. Mr. Anderson gave an overview of various products, their active ingredients and the inert ingredients that go alongside them. He noted that the active ingredient is not the only factor in determining a label of ‘danger’. Councilmember Callies stated that she is wondering if the City should reverse things and state, ‘these are the chemicals that may be used’. Councilmember Sanschagrin agreed and stated that he would also like to be specific about having a list of chemicals that will not be used because they are too toxic or dangers, such as the ones that cause cancer. Councilmember Callies stated that she wants to make sure that there is enough clarity provided for staff and contractors to know exactly what they can and cannot do. She gave the example of the City treating weeds ‘no more than twice per year’, for example. Councilmember Maddy stated that this is regulating with words, that are kind of general, when the original intent was removal of systemic insecticides. He asked if they would be more specific and explained that he was not as worried about a systemic pesticide, like a one-time use buckthorn killer that metabolizes in the soil and seemingly just goes away. He stated that the systemic insecticides which have been used, he would like to see that specifically noted. He CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES March 27, 2023 Page 4 of 6 stated that, in his opinion, he would like to see it just not be used and see what happens. He stated that they want to make sure that the ecosystem is not damaged in the long-term. He stated that he believes the easiest approach may be to direct the contractors not to use any chemicals that contain the word ‘danger’ or ‘warning’ and to come talk to the City if a need arises. Mayor Labadie stated that she agreed and was not sure that the City wanted to get into micro- managing the chemicals. Councilmember Callies stated that she felt it would be important for the Council to know what chemicals the City has been using and whether they were labeled as ‘danger’ or ‘warning’ , so they can direct them to know what to change for future use. City Administrator Nevinski stated that there are standard databases that categorize chemicals into these types of categories that have are put together by OSHA. He stated that using those trigger words, as discussed, the City can go to the database and see what falls under there, so he feels there will be sufficient guidance. He stated that he will verify that this information is correct as they prepare a more finalized work plan. Councilmember Callies stated that she hopes this is the base because she feels that Mr. Anderson’s group has a more stringent definition of those words than perhaps, OSHA. Mr. Anderson explained that there are two different types of signal words and noted that the label would relate to the EPA and the safety data sheet would be from OSHA. He stated that there could be a product that on OSHA’s safety data sheet could say ‘danger’ and on a label from the EPA could just say ‘warning’. He explained that OSHA relates more to the worker handling the item and not necessarily the acute toxicity that they would be talking about with the EPA. Councilmember Callies stated that is a good point because some of the cautions apply to the applicator versus the environment, so she questioned which the City should be following. Mr. Anderson stated that they follow both, but noted that if one were to trump the other, he would say that would be the EPA. Councilmember Callies asked about the possibility of doing this for two years and then taking another look to see what happens to the fields afterwards. Councilmember Sanschagrin stated that he felt the City could update the process as it moves along. He suggested that the Council plan for a meeting in the fall to review the effectiveness of the program and the changes and discuss what can be done differently next year. Mayor Labadie stated that the Council will do that and noted that the Parks Commission also conducts Park Tours that the Council is invited to attend. She stated that this would be a great opportunity to see the fields and parks first hand. Public Works Director Morreim stated that he feels staff has gotten direction and noted that he did not feel this would be the last time the Council has this type of discussion. He stated that they intend to have fairly significant conversations with the athletic associations and will be getting feedback from them on the fields. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES March 27, 2023 Page 5 of 6 Councilmember Callies stated that number seven relates to weed abatement and stated that her recollection of discussion at the retreat was that they talked about being able to use weed killers on the cracks in the sidewalk because the City won’t be paying someone to hand pull those weeds every other week. Public Works Director Morreim stated that he had discussed this with staff and noted that he has a lot of experience, from his past job, doing more mechanical removal and not using chemicals. He stated that their plans is to basically see how it goes with mechanical removal and noted that even if you put weed killer on things, weeds will still come back. Councilmember Callies noted that Smithtown Trail has an immediate need for this work. Public Works Director Morreim stated that area was specifically discussed and the hope is that this area will look different this year. Mayor Labadie asked what guidance the Council would like to give on Manor Pond. She noted that staff is recommending contracting for the treatment of the pond with the recommendations from IPM. She stated that she is fine, moving ahead with this recommendation. Councilmember Callies stated that she does not like the language where it says the City will ‘seek to contract’ and would like it clearly stated that the City will contract. She stated that she believes that the treatment that City was doing in the past does not fall within the parameters of what IPM is recommending. Public Works Director Morreim explained that there were parts of the treatment where IPM gave different recommendations for, but believes the alum treatments were considered acceptable. Mayor Labadie noted that the City has worked on Manor Pond for about ten years and what they have done worked, left the neighborhood happy, and also the wildlife has started to come back. She stated that she does not want the City to lose the progress that has been made on the pond. She noted that the City had received a grant for buckthorn removal a few years ago and had received many complaints about the buckthorn in Freeman Park because the City decided not to proceed with this method, which is the DNR ‘best practice’ method because it included daubing the stumps. She asked if the Council felt comfortable directing staff to proceed with following the DNR best practices for Buckthorn removal in Freeman Park. She stated that she would like to see the City utilize this grant money and get a good start on the buckthorn. Councilmember Maddy stated that he was comfortable with that because it is a one time use. Councilmember Sanschagrin stated that he would also be comfortable with it if it could be done during a time when it was not wet. Mayor Labadie noted that she would assume that the contractor would know what the DNR best practices would be, but was not sure if there were restrictions on the time of the year. Councilmember Callies asked about the goats. Planning Director Darling stated that is a follow up item to make sure that the buckthorn does not come back. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES March 27, 2023 Page 6 of 6 Mayor Labadie noted that the Council was almost out of meeting time and suggested that they revisit item number four related to Badger Park and number five related to Emerald Ash Borer at a future meeting. Public Works Director Morreim noted that discussing those two items at a later date would not hinder their ability to start the others this spring. Councilmember Maddy noted that he was okay letting some weeds grow erring on the side of fewer chemicals. Councilmember Sanschagrin stated that he agreed. Mayor Labadie stated that she is on the same side, however, last year no one applied for the two seasonal positions. She stated that if the City does not have the manpower, things will not look as pristine. 3. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Work Session Meeting of March 27, 2023, at 6:49 P.M. Motion passed 4/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MARCH 27, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Parks and Recreation Director Crossfield; Director of Public Works Morreim; and, City Engineer Budde Absent: Councilmember Johnson C. Review Agenda Maddy moved, Sanschagrin seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies asked about the PVC pipe mentioned in item 2.E and why it was considered a change order. City Engineer Budde explained that ductile iron pipe has been the City’s standard for a long time. He stated that there are many other communities that have taken on PVC over the last ten years. He stated that has added some ‘competition’ with regard to pricing, but noted that it is also a bit easier to work with when making repairs. He stated that there are a number of benefits that come out of switching to PVC piping versus the iron pipe. Councilmember Sanschagrin noted that he also had questions about items 2.E and 2.F. of the consent agenda and asked if they could be removed for further discussion. Maddy moved, Callies seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of March 13, 2023 B. City Council Regular Meeting Minutes of March 13, 2023 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 2 of 12 C. Approval of the Verified Claims List D. Approve Professional Services Contract for Garden Care with Mangold Horticulture E. Approve Change Order for Strawberry Lane Reconstruction, City Project 19- 05, Adopting RESOLUTION NO. 23-031 (moved to item 7.A) F. Approve Change Order for Birch Bluff Street and Utility Improvements, City Project 21-01, Adopting RESOLUTION NO. 23-032, ( moved to 7.B) G. Approve Permanent Appointment of Jeremy Moe, Light Equipment Operator – Shop Tech H. Accept Resignation of Community Center Attendant and Approve Recruitment for Position Motion passed. 3. MATTERS FROM THE FLOOR Greg Larson, 25535 Orchard Circle, explained that he was here to serve as spokesperson for the neighborhood and to drop off a petition and copies of some e-mail messages from residents who were not available to sign the petition regarding Eureka Road north of Smithtown. He read aloud the language in the petition regarding the condition and plans for the roadway. He stated that the road is falling apart and they feel the City should spend some of the money set aside for the consulting firm to study the project and repair the road. He stated that the residents are opposed to many of the plans for the roadway that were proposed in January such as sidewalks and curb and gutter. He referenced the Birch Bluff project which they feel was not needed and unwanted and explained that they did not want the same thing to happen in their neighborhood. He expressed his frustration that residents are only allowed three minutes to speak to the Council about their situation and are not allowed to have a conversation or dialogue with the Council. Mayor Labadie asked if City Engineer Budde would be able to address any of these concerns. City Engineer Budde explained that he would be able to respond to some of the concerns raised by Mr. Larson during his update later in the meeting and could also put together a written response for the next City Council meeting. Mr. Larson submitted his petition to City Administrator Nevinski. George Greenfield, 24715 Yellowstone Trail, stated that he wanted to speak about the continuing debacle at 24835 Yellowstone Trail. He read aloud a portion of the variance that was granted by the City in November of 2021 related to lot width. He stated that he feels that the City has a history of upholding the rights of developers over the interests of residents. He stated that it appears that money prevailed over justice and simple legality in this situation. He stated that because an incorrect meeting date was published, citizens were not allowed to participate in the discussion and noted that he did not think the appropriate notices were sent out to residents within five-hundred feet of the project. He stated that he did not feel the Planning Commission paid attention to the criteria in the variance and were somewhat arrogant and dismissive to residents. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 3 of 12 He stated that he felt that the Council needed to have better oversight over their staff because he feels they make frequent errors and give misinformation to residents. He stated that the City should also immediately dismiss any member of the Planning Commission who served at the time this variance was approved because they were not conversant with what they needed to be in order to do their job. He stated that he did not mean the people that are at the front desk or those that residents speak with on the phone because they have always been courteous and helpful. Mayor Labadie asked Planning Director Darling to prepare a written response to Mr. Greenfield’s concerns at the April 10, 2023 City Council meeting. A man from the audience declared that he would like to give his time to Mr. Larson. Mayor Labadie explained that since Mr. Larson was serving as the spokesperson for his neighborhood, she would allow him additional time to speak. Mr. Larson read aloud some quotes from resident interviews that were conducted that are included in the City’s Comprehensive Plan. He noted that the Comprehensive Plan has been described to him as both the Constitution and the Bible of the City. Kirk Honour, 5320 Lee Circle, stated that he was not aware of the petition, so he did not have a chance to sign it. He stated that he is opposed to the widening of the cul-de-sac in Lee Circle. He stated that he basically wanted to say what was written in the letter by Mr. Larson and explained that the reason he moved to the City fifteen years ago was not for a modern, planned community. He stated that he likes the streets the way they are and widening them will lose the aesthetic of the City. He stated that he feels the streets need maintenance, but does not feel they need to be widened and noted that the City seems to be ignoring the comments from the residents who live on the roadways. Diane Tessari, 5375 Eureka Road, stated that she was able to sign the petition presented by Mr. Larson. She stated that she has lived in the City for over twenty years and her partner has been here for more than fifty years. She noted that their home and some of the trees have been there for over one-hundred years. She explained that she cares about clean air, clean water, and healthy soil and ecosystem. She stated that when she moved here she found out that Shorewood was a ‘green city’ which made her proud, but since that time she has become more and more discouraged by what she has seen in the City, such as the cutting of trees on Strawberry Lane. She stated that she had also seen that the City did not keep their promise when it came to protecting bees. She stated that now that she is here she does not see a ‘green city’ but instead one that cuts a lot of trees. She stated that she feels the City should be more responsible to future generations and explained that she did not see things like cutting down trees, paving and widening roads as being ‘green’ and is just adding to climate change. She asked the Council to ask themselves how the children in the future will be affected by the decisions they are making today. Mayor Labadie asked if there was anyone on-line who wished to speak. Alan Yelsey, 26335 Peach Circle (via video-conferencing), stated that he has been a resident for forty years and supports everyone who has spoken thus far this evening. He noted that the ‘raise your hand’ feature was not available to him via Zoom this evening and asked for that issue to be fixed for future meetings. He stated that in his opinion, the City does not seem to want comments from residents and shared examples. He stated that the links included in the meeting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 4 of 12 information were also not working. He stated that he feels the Council should be encouraging participation in the meetings and he finds it sad that most people do not because the Council does not make it easy. He stated that he feels they need to be able to have discussions and he finds it outrageous that it is not allowed. He stated that he would like to discuss ‘poison’ regarding buckthorn. He stated that if the City wants to put poison in the ground they will oppose that. He stated that people in the City want their water to be pure and clean and not carcinogenic. He noted that they want the City not to use poisons or systemic pesticides because there are alternatives available, including simply paying higher wages. Chris Rotunno, 5525 Howards Point Road, stated that he feels that many of the comments made by Mr. Yelsey were not true. He explained that the raise the hand feature has worked and doubts that the City would take the time to single out Mr. Yelsey and not allow him to raise his hand to speak. He thanked the residents for taking the time to speak tonight but thinks one thing that is often overlooked is that the City has had these plans in place for years. He stated that these plans have involved many open meetings where people can come to voice their opinions. He stated that many people are concerned about the look and feel of their property but he sees that there are safety concerns on these streets and reminded people that they are City’s property. He noted that he feels these types of decisions are only being made because of the safety of the community. He noted that they all had trees that were taken down so their own homes could be built. He stated that he feels like the residents who have spoken tonight are taking their hatchets out trying to go after the City for making plans to make the roads safer. Mayor Labadie thanked the residents for taking the time to address the Council and explained that when things are scheduled for public hearings or listed on the agenda, more robust discussion will occur. She noted that comments during public hearings do not have a time limit. 4. REPORTS AND PRESENTATIONS 5. PARKS A. Report by Commissioner Levy on March 14, 2023 Parks Commission Meeting Parks Commissioner Levy gave an overview of the discussion and actions taken at the March 14, 2023 Park Commission meeting. B. 2023 Park Commission Work Program Park and Recreation Director Crossfield gave an overview of the 2023 Park Commission Work Program recently approved by the Park Commission. Mayor Labadie noted that the Park Commission holds park tours throughout the summer months that are open to the public. 6. PLANNING A. Report by Commissioner Holker on March 7, 2023 Planning Commission Meeting Planning Commissioner Holker gave an overview on the discussion and actions taken at the March 7, 2023 Planning Commission meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 5 of 12 Councilmember Sanschagrin stated that the meeting minutes indicate that the item that the Planning Commission had recommended for denial would be discussed at tonight’s Council meeting, however it is not on the agenda for tonight. Planning Director Darling explained that the applicant had made a change to the site plan which was significant enough that it needed to go back to the Planning Commission for review prior to being forwarded to the Council. B. Variance to Side Yard Setback Location: 28170 Woodside Road Applicant: Kyle Hunt and Partners, Inc. Planning Director Darling gave an overview of the request for a side-yard setback variance to allow a new home to be constructed on the property located at 28170 Woodside Road. Staff and the Planning Commission recommend approval, subject to the conditions included in the resolution. Councilmember Sanschagrin asked for an explanation of the actual variance request measurements. Planning Director Darling stated that the variance is to the combined side-yard setback on lots that are directly abutting a lake which means the two side-yard setbacks need to have a total of thirty feet. Councilmember Sanschagrin asked about property located at 28180 Woodside Road and noted that he had not seen any comments from them on the application. He asked if they had been contacted during this process. Planning Director Darling stated that they were notified of the request, but the City did not receive any correspondence from them. She noted that she believed that they spoke directly to the property owner. Kyle Hunt, 18324 Minnetonka Boulevard, stated that they built the home for the neighbor about twelve years ago. He stated that they had a full discussion with them at their office and walked them through the plan details for this home and they did not have any problems with it. He explained that Dr. Patrick Carney, the owner, and his architect are also present tonight if the Council has any questions for them. Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-033, “A Resolution Approving a Side-Yard Setback Variance for Property Located at 28170 Road.” Motion passed. C. Final Plat and Development Agreement for Maple Shores Location; 20430 Radisson Road Applicant: Chamberlain Capital, LLC Planning Director Darling gave an overview of the proposal for a seven unit subdivision called Maple Shores. She noted that the Council had previously approved a concept and development plan as well as a preliminary plat. She noted that the majority of the changes since that time have CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 6 of 12 been generally small and technical. She noted that the developer has asked for a clustered mailbox which she had not included in her report and would like to add that as an acceptable use under item 26.K of the development agreement. Councilmember Maddy asked about the up-light in the bollards and expressed concern that this may not meet the City’s lighting ordinance standards. Planning Director Darling stated that she can take another look to ensure it is consistent. She stated that the Council could include a condition in the resolution that says it would need to conform to the City ordinance requirements. Councilmember Sanschagrin stated that there are a lot of conditions included and asked how the City ensures that those conditions are met. Planning Director Darling explained that with the resolution and the development agreement, she goes through each one when the plans come in. She noted that she color codes them so she can tell at a glance which ones are met and which ones have not been met. Councilmember Callies asked about the utilities mentioned in the report by City Engineer Budde. City Engineer Budde explained that the development would extend watermain across Highway 7 from the north side and when it gets to Radisson Road, it will run about three hundred feet to the northeast which would allow residents on the opposite side of the street to connect to the watermain at some point in the future. Councilmember Callies asked about the possibility of tearing up the roads that was mentioned in number eight.. City Engineer Budde explained that was intended so that if the watermain were to extend to the west on Radisson Road that the City would not have to go dig up the street that was just built. He stated that they want to make sure that the stubs are far enough away from the street so they are not doing any damage to them in the future. Councilmember Callies referenced the development agreement and asked some clarifying questions about the content. Councilmember Sanschagrin asked for an explanation of ‘dewatering’. Planning Director Darling stated that dewatering is essentially when you are digging down into the ground and the groundwater is high and you have to remove the groundwater from a specific area. Councilmember Callies asked about site clean up and noted that she believes the City should be more specific about how often they should be cleaning up. Planning Director Darling stated that they could add more language but noted that typically they require clean up at least once a day when they are hauling and mass grading, or as directed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 7 of 12 Paul Cameron, 3918 Wilmat Hill, Minnetonka, stated that he will be a resident in this development. He noted that typically they have the street sweeping bobcats that go out and clean up. He stated that they have a site manager who will be there on site every day. Councilmember Callies stated that she felt that there should be language related to the frequency of clean up included in the agreement. City Engineer Budde stated that there are inspections that the City conducts as the development is happening, so staff are aware and on site every day as well. Planning Director Darling noted that the Council could also direct staff to add another paragraph to address Councilmember Callie’s concerns. Councilmember Callies stated that HOA documents list the common properties and include the access to the bathing beach on Lot #11. She asked if the applicant had further communications with the adjacent property owner, Mr. Hitler and Ms. Watts. Mr. Cameron stated that he had coffee with Ms. Watts and has had positive discussions. He stated that there is a collaboration attempt going on to resolve the Torrens property issues that are present, but he does not have anything to report on those efforts and noted that there should be nothing that is relevant to this agreement. He explained that they are looking at Lot #11 as being analogous to a pool where the ownership of the association has nothing to do with it, but does have the ability to control the behaviors of the seven units on that property. Callies moved, Labadie seconded, Adopting RESOLUTION NO. 23-034, “A Resolution Approving a Final Plat for Maple Shores for Property Located at 20430 Radisson Road and Four Adjacent Vacant Properties”, with the addition of language related to cluster mailboxes and more specificity regarding the frequency of clean-up, as discussed. Councilmember Maddy noted that he had looked up the information related to lighting and theirs should be within the City standards, but cautioned that the neighbors may not like uplighting on the bollards. Mr. Cameron explained that they are intended to be like what you see in a resort area where people can walk and is definitely down lighting. He noted that the light is meant to go ‘out’ seven feet and not ‘up’ seven feet. He stated that the intent is for people to be able to walk from the car to the front door of each unit with the lighting. Motion passed. D. 2023 Planning Commission Work Program Planning Director Darling gave an overview of the proposed 2023 Planning Commission Work Program. Councilmember Callies asked if everything had been submitted to the Met Council. Planning Director Darling explained that the Met Council had given the City a letter of incompleteness and there are a few tweaks that need to happen with sewer agreements with CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 8 of 12 surrounding cities that they would like to have in the text of the Comprehensive Plan. She noted that the staff were hoping to be able to have it back to them very shortly. 7. ENGINEERING/PUBLIC WORKS A. Approve Change Order for Strawberry Lane Reconstruction, City Project 19-05, Adopting RESOLUTION NO. 23-031, (moved from Consent Agenda item 2.E) B. Approve Change Order for Birch Bluff Street and Utility Improvements, City Project 21-01, Adopting RESOLUTION NO. 23-032, ( moved from Consent Agenda item 2.F) City Engineer Budde stated that both of these items were looking to change the material of the watermain pipe that was proposed. He stated that both of the projects were bid in the fall of 2022 and following more recent discussions with staff, they had discussions about the ductile iron pipe which has some issues with corrosion which PVC does not have. He stated that in the long term, the hope is that using PVC piping will help reduce some of the watermain breaks due to corrosion. He stated that using PVC results in cost savings of about $38,000 for Strawberry Lane and also result in costs savings for the Birch Bluff project. He noted that Public Works has indicated that they prefer working with PVC when given the option because it does not require additional equipment to move the pipe around. Councilmember Sanschagrin asked if there were any cons associated with using PVC piping. City Engineer Budde stated that they have not found many, but noted that they are not as robust as ductile iron piping, so if they are laying around on the site and got hit by a piece of equipment, it could break more easily. He stated that there are a lot of pros to making this change in material and not very many cons. Councilmember Sanschagrin asked if staff had done research with other cities who have used the PVC material. City Engineer Budde explained that a lot of cities prefer PVC and do not want to deal with ductile iron pipes because it is heavy and has issues with corrosion. Councilmember Sanschagrin asked if staff thought there may be other opportunities for cost savings for these two projects. City Engineer Budde stated that this is a unique one that it does not really change the quality of anything that they are doing. He stated that there would obviously be cost savings if the City were willing to reduce the quality. Sanschagrin moved, Maddy seconded, Adopting RESOLUTION NO. 23-031, “A Resolution to Approve Change Order No. 1 for Strawberry Lane; City Project 19-05.” Motion passed. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-032, “A Resolution to Approve Change Order No. 1 for Birch Bluff Road; City Project 21-01.” Motion passed. 8. GENERAL/NEW BUSINESS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 9 of 12 9. STAFF AND COUNCIL REPORTS A. Staff Parks and Recreation Director Crossfield noted that the Pot of Gold event had concluded and had over sixty participants. She stated that they went to more than one park so this was a good event to encourage people to get out and explore the City’s parks. She explained that the residents will soon have a new health and wellness amenity in the area with Minnetonka purchasing The Marsh, and explained that they have opened up membership to non-residents. She stated that this means residents can have memberships at The Marsh, Williston, or both, beginning in May. She stated that she will be sharing some information on this amenity on the City’s website and social media accounts. Mayor Labadie asked about the event that was held at the Minnetonka High School that City staff had attended. Public Works Director Morreim stated that they are waiting for the snow to melt so they can get going on sweeping. He noted that they had started pot hole patching with hot mix last week. Councilmember Callies mentioned Vine Hill Road and noted that there is a big hole that somebody has to fill about every other day. Public Works Director Morreim explained that is the responsibility of the City of Minnetonka because it is due to a watermain break, so they have not had a chance to permanently restore that area. He stated that when the City receives calls about it they let them know and the City of Minnetonka has been fairly responsive and agreed that it is not a great spot for road conditions. He stated that half of the road is the City’s and half belongs to the City of Minnetonka, so they each patch the portion that is theirs. City Engineer Budde stated that he can share a few thoughts related to the comments made during Matters from the Floor. He stated that when it relates to Eureka Road and the larger projects that the City does where they are intending to come in and make major repairs to the street so they do not have to come back to it for generations. He explained that they look at these as forty or fifty year fixes, which to him means it is a bit short-sighted to just go fix the pavement. He stated that if the thought is that they do not want to go back to the area for forty or fifty years, it is his due diligence to at least take a step back and look at some of the planning documents that have been in place, such as the 2011 Trail Plan that does identify a sidewalk or trail going up Eureka to Birch Bluff. He stated that he understands the concerns raised by the residents in the area, but he still believes it is in the City’s best interest to go through the process and engage the residents on whether or not the City should put in a sidewalk with this project. He stated that curb and gutter had been discussed, but he was not sure things had really even gotten to that point yet. He noted that they have not really started doing any of the public engagement yet for this project but were hoping to have information available on the City website sometime in April and noted that there will be public meetings on this project. He noted that when residents contact him he has been encouraging them to reach out to the City Council because they are the ones who need to hear their voices and opinions. Mayor Labadie asked if the public engagement would include an open house or town hall. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 10 of 12 City Engineer Budde stated that it would include at least one of that type of meeting and noted that there would also be the opportunity for some on-line engagement so people can provide comments. Councilmember Callies stated that these are just proposed plans and the City needs to budget ahead and investigate the possibilities. She stated that she feels this is all part of appropriate planning on the part of the City. Mayor Labadie noted that she felt it was important to point out that the only thing that has been approved or had voted on was the scoping study. She stated that no decisions have been made beyond that initial step. 1. Mill Street Trail Update Planning Director Darling gave an update on the Mill Street Trail design and reviewed the feasibility study conducted in 2013. She explained that Hennepin County had contacted the City in 2017/2018 to inform the City that Excelsior was also looking at a feasibility study for the same project and wanted to take both studies through the public process. She stated that was begun in 2018, but noted that the project was slowed down a bit because of COVID-19. She noted that they started working on this project once again about a year ago as a joint effort involving Hennepin County, Carver County, Excelsior, Chanhassen, and Shorewood. She explained that they are looking at two possible alternatives and noted that these had been shared with the Park Commission at their last meeting. She stated that these options should be shared with the residents at a few different events in April. She stated that they are looking at scoping the addition of a watermain along Mill Avenue because the City has had quite a few requests for water service in that area. She briefly described each trail option as well as the possible advantages and disadvantages with each design. Planning Director Darling gave a brief synopsis of the variance request that was previously approved on Yellowstone. She stated that previously, the City had received a request to subdivide one property into two properties which had been platted as two lots in about 1956. She stated that a developer was proposing to split the parcel into two lots along the same property lines, but when staff was reviewing the application, staff had noticed that the easterly lot was between three and four inches short of ordinance requirements. She stated that they proposed that the applicant move the lot line or request a variance in order to keep the previous legal description. She noted that the applicant applied for a variance that went through the Planning Commission and noted that notices were sent to the neighborhood. City Administrator Nevinski stated that staff was recently at the Minnetonka High School for the Volunteer and Job Fair. He stated that he feels that participating in this event was a great success and they received a lot of interest. B. Mayor and City Council Councilmember Sanschagrin attended the Park Commission meeting and the LMCC Summit meeting. He expressed his appreciation for all the residents who came and spoke at tonight’s meeting. He stated that he thinks the City may need to take a look at Eureka overall and reconsider that portion of the CIP. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 11 of 12 Councilmember Callies stated that the scoping document is looking at what all of the options may be. She asked if Councilmember Sanschagrin was saying that the City could save a certain amount of money by eliminating the sidewalk now. Councilmember Sanschagrin stated that he has received phone calls from residents and, like they shared, they just want the road repaved. Mayor Labadie stated that may not be the opinion of all of the residents so putting it into an open town hall or open house format after the City has gotten the opinion of the professionals is the correct way for the City to make the most educated decision. She stated that she feels this is a generational decision that needs to be made with courage and not emotion. Councilmember Maddy stated that he attended the Excelsior Fire District working session meeting where they worked on budget issues. Councilmember Callies asked about the way the Council was handling response to public comments. She explained that it feels a bit funny to her that people raise concerns and now at the end of the meeting, staff responds, after those individuals have already gone home. She stated that she understands that the Council cannot get into a back and forth conversation or debate during public comment, but this seems odd to her that staff is responding to the questions that were raised at the end of the meeting, but the people who asked them were not present. She stated that she would like the Council to find another way to handle this. Mayor Labadie explained that she felt the reasoning behind it was that doing it at the end of the meeting would allow staff to give a succinct response in a situation where there are ten residents who had the same question. She stated that she agreed that the Council should discuss procedure moving forward and noted that there are quite a few brand-new staff members as well as new Councilmembers. She stated that she believes that there had been a suggestion that things like this be placed on a work session for deeper discussion. City Administrator Nevinski stated that this is a topic that is already scheduled for an upcoming work session. Councilmember Callies stated that she does not want staff or the Council to be put on the spot in those situations when they do not know what people will be bringing up, but reiterated that something just did not feel right about the way it was currently being handled. Mayor Labadie stated that she was contacted last week by Representative Lucy Rehm to testify in front of the House Transportation/Finance Committee regarding HF2361. She stated that she believes the City needed to continue working with the State leaders in order to get the safety concerns surrounding Highway 7 addressed. She noted that she can share a link to her testimony with anyone interested. 10. ADJOURN Sanschagrin moved, Callies seconded, Adjourning the City Council Regular Meeting of March 27, 2023, at 8:55 P.M. Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 27, 2023 Page 12 of 12 ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Approve Public Works Seasonal Hire Will Foster 2D Meeting Date: April 10, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Matt Morreim, Public Works Director Attachments: None Background: On February 27, 2023 City Council approved the recruitment for two Public Works Seasonal positions. Each year the Public Works department hires temporary seasonal workers who perform maintenance in the city’s parks and other duties as assigned. On Friday, February th 24, Staff interviewed candidate Will Foster for the seaonal position. Will is a Marquette University student, majoring in Public Relations, and a Scholarship athlete on the Marquette University’s Men’s Lacrosse team. Will lives in Shorewood in the off-college season. Will has experience at Bayside Marine, as an Athletic Trainer, and coaching youth lacrosse. Will enjoys working as part of a team and especially enjoys working outdoors. Financial Considerations: As delineated below and planned for in the 2023 Budget. Action Requested: Staff respectfully recommends the city council approve Will Foster’s appointment as Public Works Seasonal working full-time at the rate of $18.00 per hour. This temporary, seasonal position is not eligible for benefits and is exempt under the seasonal 185- calendar day limit for PERA. Will’s expected start date will be mid-to-late May, dependent on his Lacrosse schedule and return from college. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, 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 Council Meeting Item Item Title/Subject: Accept Resignation of Part-Time Administrative Assistant 2F and Approve Recruitment for Position Meeting Date: April 10, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Attachments: 2023 City Compensation Schedule Background: Staff received the resignation of Part-Time Administrative Assistant Miechelle Norman on march 29, 2023, effective April 14, 2023. Miechelle has been an important part of the Administrative team, going above and beyond in supporting the many roles in the position and filling in for various vacant positions during her time here. Miechelle has proved a great employee and member of the team and will be missed. She wil be pursuing a full-time opportunity and we wish her the very best! In a letter received by Miechelle, she expressed gratitude for the opportunity to work for the City and what a wonderful experience it has been. She explained how much she values all of the relationships she has built. She is hoping she can continue serving as an election judge and helping out with community events! Miechelle has worked in the capacity of Part-Time Administrative Assistant since July of 2021. She works 20 hours per week and her rate of pay is $20.57 per hour. The City has employed a part time administrative staff position for many years in addition to the full-time staff. The position supports the City Hall functions mainly at the front desk and is also involved in elections during an election year. The position performs varius duties including customer service at the front counter, on the telephone and via email, opening and closing City Hall, issuing building permits, scheduling inspections, receipting payments and processing utility bills, opening and distributing mail, scanning documents into Laserfich, and various other administrative responsibilities. With Miechelle’s departure and the recruitment of the position, staff is requesting council consider increasing the position’s pay grade to make it more inline with administrative, front desk positions in nearby or similar cities. As discussed at the Council/Staff Retreat in February, some of our positions are not currently aligned with today’s market and this position in particular is one that is at the very low end of the market. Please see the comparison below used to propose the “new” position salary range in recruiting for the position. 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 position is currently classified on the city’s compensation schedule as Grade 3 with a 2023 pay range of $15.43 to $23.14 per hour. Shorewood $15.43 to $23.14 per hour Comparison City 2023 Pay Range Bloomington $28.48 to $30.21 per hour Deephaven $25.88 to $33.71 per hour Excelsior $20.00 to $25.00 per hour Little Canada $25.52 to $31.93 per hour Minnetrista $26.17 to $34.48 per hour Minnetonka $27.80 to $30.89 per hour Staff proposes the position be upgraded to Grade 5 with a salary range of $21.59 to $26.99 per hour. If council approves the proposed salary grade of Grade 5, it would be applied to both the full time and part time administrative assistant positions. If approved, our current full-time administrative assistant position would fall below the pay grade, as she currently is compensated at $21.85 hourly and has been working at the City in this capacity for four years, since March of 2019. We would therefore ask that council approve a pay increase for the current person working full-time in this capacity to Grade 5, Step D of the pay scale to $24.29 per hour for this position. Financial Considerations: The impact of the proposed increase to the 2023 personnel budget for the part time position would be approximately $630 over the remainder of the year. The impact of the proposed salary increase to the 2023 personnel budget for current full-time positon would be approximately $3,416 over the remainder of the year. Both proposed increases have been discussed and could be absorbed in the budget for this year due to the time many positions were left vacant. Action Requested: Staff respectfully recommends the city council accept Miechelle Norman’s resignation and approve recruitment for replacement of her position as Part-Time Administrative Assistant at a Grade 5 on the City’s Compensation Schedule with a range of $21.59 to $26.99 per hour. In addition, staff respectively recommends the city council approve the upgrade of the Full-Time Administrative Assistant position to Grade 5 on the City’s Compensation Schedule and approve the hourly salary increase to Grade 5, Step D $24.29 per hour. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a variet of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. City Council Meeting Item Item Title/Subject: Contractor Agreement with Erica Heinrichs 2G Meeting Date: Monday, April 10, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Mark Nevinski, City Administrator Attachments: Parks and Recreation Independent Contractor Agreement Background: Erica Heinrichs is a Certified Instructor and Senior Trainer of Tai Chi for Health Programs. Shorewood Parks and Recreation is excited to offer Tai Chi programming for the community as Tai Chi has many health benefits. Tai Chi is a great fitness option for a wide range of participants as the slow and gentle moving meditation addresses muscles strength, flexibility, balance and promotes mental health. Tai Chi also has some aerobic benefits. Financial or Budget Considerations: Instructor fees will be covered by registration fees. Action Requested: Staff respectfully recommends the City Council approve the independent contractor agreement. Approval of the agreement includes any future addenda executed between the contractor and Parks and Recreation Director through 2023. Addenda outlines program logistics such as location, dates, times, program fees and no class days, and program description. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE 599 AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 202 RELATED TO THE POWERS AND DUTIES OF THE PARK COMMISSION THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: SECTION 1: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 202 (Park Commission). Section 202.04 (Powers and Duties), is hereby amended as set forth below by adding the underlined language and deleting the stricken/crossed out language as follows: 202.04 POWERS AND DUTIES. The Commission is designated the following responsibilities: Subd. 1. Consider, review, report and advise on all matters which the Council may refer to the Commission; Subd. 2. Plan, on a long-term basis, for the future park and recreational needs of the city and recommend to the Council a feasible means of financing the long-term requirements; Subd. 3. Recommend to the Council operating policies and procedures for use of existing parks; Subd. 4. On or before July 15 of each year, dDevelop and refer to the Council a recommended operational and capital improvement budget for parks for the ensuing year; Subd. 5. Submit to the Planning Commission comments on any proposed subdivisions, as the same may or may not affect the city’s park and playground requirements. Subd. 6. Review park maintenance and provide comments to the Council on the maintenance program’s overall effectiveness in managing park and open space amenities. Section 2. EFFECTIVE DATE. This Ordinance 599 adopting the Amendments to City Code, Chapter 202, Park Commission shall take effect upon passage and publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 10th day of April, 2023. ________________________________ Jennifer Labadie, Mayor ATTEST: ____________________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-035 A RESOLUTION APPROVING THE PUBLICATION OF ORDINANCE 599 REGARDING CITY CODE ORDINANCE AMENDMENTS RELATED TO THE POWERS AND DUTIES OF THE PARK COMMISSION WHEREAS, at a duly called meeting on March 27, 2023, the City Council of the City of Shorewood adopted Ordinance No. 599 entitled “AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 202 RELATED TO THE POWERS AND DUTIES OF THE PARK COMMISSION”; and WHEREAS, the City Council adopted a lengthy ordinance amending City Code Chapter 202. 04 (Powers and Duties) which contains a list of duties for the Park Commission and the City Council has approved an additional duty regarding park maintenance and the effectiveness fo the park program’s overall effectiveness in managing park and open space amenities; and WHEREAS, the purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours and available on the city’s website. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 599 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 599 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached ordinance. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. TH Adopted by the City Council of Shorewood, Minnesota this 10 day of April, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk ORDINANCE 598 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 1004 RELATED TO RENTAL HOUSING REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: SECTION 1: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 1004, Section 1004.03 (Licensing of Rental Units), is hereby amended as set forth below by adding the underlined language and deleting the strikethrough language as follows: Subd. 5. Owner or agent to apply. … b. Required information. The applicant shall supply: (1) Name, address and telephone number of dwelling owner, owning partners if a partnership, and corporate officers if a corporation; (2) Name, address and telephone number of designated resident agent, if any; (3) Name, address and telephone number of management representative; (4) Name, address and telephone number of vendee, if the dwelling is being sold through a contract for deed; (5) Legal address of the dwelling; (6) Type of dwelling; (7) Type and number of dwelling units within the building; (8) Description of procedure through which tenant inquiries and complaints are to be processed; (9) Test results for domestic water supplied by a private well from a lab certified by the Minnesota Department of Health; and (10) Test results (within 30 days) for the furnace performed by a certified mechanical contractor bonded with the Minnesota Department of Labor and Industry. (11) Chimney report for operational wood-burning fireplaces … SECTION 2: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 1004, Section 1004.04 (Minimum Standards) Subd. 2 (General Provisions), is hereby amended as set forth below by adding the underlined language and deleting the strikethrough language as follows: … l. Facilities to function. Every supplied facility, piece of equipment or utility required under city ordinances and the associated every chimney flue shall be installed and maintained and shall function effectively in a safe, sound and working condition. Wood- burning fireplaces may be rendered nonoperational if blocked or sealed to prevent use to the satisfaction of the Compliance Official. …. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect upon publication in the City's official newspaper. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 10 day of April, 2023. __________________________ JENNIFER LABADIE, MAYOR ATTEST: __________________________ SANDIE THONE, CITY CLERK CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-036 A RESOLUTION APPROVING THE PUBLICATION OF ORDINANCE 598 REGARDING CITY CODE ORDINANCE AMENDMENTS RELATED TO THE RENTAL HOUSING REGULATIONS WHEREAS, at a duly called meeting on March 27, 2023, the City Council of the City of Shorewood adopted Ordinance No. 598 entitled “AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 1004 RELATED TO RENTAL HOUSING REGULATIONS”; and WHEREAS, the City Council adopted a lengthy ordinance amending City Code Chapters 1004.03 (Licensing of Rental Units) which contains requirements for license applications and 1004.04 (Minimum Standards) which includes regulations defining the minimum maintenance standards including those standards for flues and woodburning fireplaces for rental properties; and WHEREAS, the purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours and available on the city’s website. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 598 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 598 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached ordinance. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. TH Adopted by the City Council of Shorewood, Minnesota this 10 day of April, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City Council Meeting Item Title/Subject: Therapeutic Massage Therapy License Ordinance 600 Item Repealing and Replacing City Code Chapter 311 8A Meeting Date: April 10, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Jared Shepherd, City Attorney Marc Nevinski, City Administrator Attachments: Ordinance 600 An Ordinance Approving Amendments to Shorewood City Code Chapter 311 (Massage Licensing) Resolution Approving Summary Publication Current City Code, Chapter 311 Therapeutic Massage Licensing Background: August 27, 2001 the Shorewood City Council approved Ordinance 373-b Establishing regulations for Therapeutic Massage Licensing. The ordinance was codified as Chapter 311 into Shorewood City Code. On February 13, 2012, the City Council approved Ordinance 490, which repealed and replaced the existing Chapter 311 in its entirety and replaced it with what is still the current code today. The action in 2012 provided for more robust application requirements and general conditions of the license, but the educational requirements and the remainder of the massage therapy code have remained consistent since 2001. Massage Therapists and Massage Therapy businesses are not subject to any national regulations. This leaves regulation of the industry to the states. Minnesota is one of four states (MN, WY, VT, KS) nationwide that do not regulate or license massage therapy. This leaves full regulation and licensing to the local level. In 2022, the city clerk’s office began receiving an unprecedented number of massage therapy applications to perform massage therapy at one of two locations in Shorewood. After a more extensive background was performed including in-depth checks on the education verification of each of the applicants, several applications were denied. It was during this period of time, that several more “future applicants” were requesting city staff to check if they would “qualify for a license” before submitting the actual full application packet and license fee. These requests were denied. After a full investigation, it was found that one of the educational institutions certifying one of the students had its license revoked and was under investigation for human trafficking. In addition, many of the locations, the therapists had received licenses were being watched for “questionable behavior.” It became clear that in order to protect the integrity of the business community in Shorewood, the city may need to consider a more robust Massage Therapy code to avoid any of the situations playing out in other nearby communities. 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 city is more than happy to support the legitimate health care and health maintenance practice of massage therapy, but could see, being the sole regulator of the industry, the attention paid to the requirements would be important. Ordinance 600 An Ordinance Approving Amendments to Shorewood City Code Chapter 311 (Massage Licensing) proposes repealing and replacing existing city code with new, more robust code language in considering massage therapy businesses and massage therapist licenses in our community. In the past few years, many cities have revised and updated their Massage Therapy licensing and enforcement, due to the conditions observed within the industry. The most significant changes proposed to the existing code are as follows: 1. The definitions section has been expanded and revised to current day standards 2. The penalties section has been expanded and updated to relevant state statute 3. Proof of local residency has been added (MN or WI) 4. Business Licensing section has been expanded significantly. This section will help to identify the Massage Therapy business requirements and separate them from the therapist licenses. 5. Personal Services Licenses section has been expanded and include updated educational requirements. 6. Ineligibility for License section has been added and includes prior conviction language. 7. Processing of License Application; Granting or Denial of License section has been added, including c) Criteria for Issuance section, which will aid the City Clerk in consideration of granting, denying, renewing, or declining to renew a license. 8. Transfer of License section has been added which states the license is not transferrable. 9. Operation of Business; License Conditions section has been added. 10. Suspension or Revocation of License section has been added. 11. Approval of Plans and Specifications for Massage Parlors and Saunas section has been added. 12. Construction and Maintenance of Premises Used for Massage Business section has been added. 13. Guest Registry and Inspection Requirements has been added. 14. Insurance section has been updated to reflect increased requirements. 15. Exceptions section has been expanded Financial Considerations: Staff is expected to perform an audit of city fees as it relates to massge therapy business and personal licenses if and when Ordinance 600 is approved, to ensure we are licensing both services and capturing the cost of staff time in issuing the licenses. Action Requested: Staff respectfully recommends the city council Approve Ordinance 600 An Ordinance Approving Amendments to Shorewood City Code Chapter 311 (Massage Licensing) Motion, second and simple majority vote required. Staff respectfully recommends the city council Approve the Resolution for the Summary Publication of Ordinance 600 Amendments to Shorewood City Code Chapter 311 Motion, second and 4/5 vote required. ORDINANCE 600 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AMENDMENTS TO SHOREWOOD CITY CODE CHAPTER 311 (MASSAGE LICENSING) THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, DOES ORDAIN: SECTION 1: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 311, is hereby repealed and replaced in its entirety with the following: 311.01 DEFINITIONS. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate and approved mean acceptable to the county health inspector following their determination as to conformance with public health practices and standards. Health care facility or provider means any person providing medical, surgical, dental, chiropractic or osteopathic services, or physical therapy services pursuant to a prescription therefor, wherein practitioners are licensed by the state, such as, but not limited to, a hospital, sanitarium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings duly licensed under the provisions of Minn. Stats. §§ 144.50144.69. ağƓğŭĻƩ means the individual responsible for administering the daily operations of the Massage business, including supervision of staff and the premises. ağƭƭğŭĻ means the method of treating the superficial parts of the human body of another by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the hands or any instrument for hire or for consideration with the intention of positively affecting the health and well- being of the client. The term "massage" shall not include such activities when performed exclusively on a person's hand and/or foot in conjunction with a manicure or pedicure. ağƭƭğŭĻ ĬǒƭźƓĻƭƭ means the offering of massage services to the general public, regardless of whether the offer is limited only to select invitees or organizational members. ağƭƭğŭĻ ƷŷĻƩğƦźƭ t means a person who practices or administers a massage. hƦĻƩğƷĻ means to own, manage or conduct. {ğƓźƷğƩǤ means to be free from pathogenic micro-organisms. 4102023 ‘źƷŷźƓ ƷŷĻ ĭźƷǤ means physical presence as well as telephone referral situations, such as a "phone-a- message" type operation, in which the business premises, although not actually located within the city, serves as a point of assignment of employees who respond to requests for services from within the city. 311.02 PENALTIES. (a) Every person who commits or attempts to commit, conspires to commit or aids or abets in the commission of any act constituting a violation of this article or any rule promulgated thereunder, whether individually or in connection with one or more other persons or as principal, agent, or accessory, shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 104.01. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate any of the provisions of this article or any rule promulgated thereunder is likewise guilty of a misdemeanor. (b) The city may seek to enforce this chapter through criminal prosecution and/or civil relief. Nothing in this article shall prohibit the city from seeking misdemeanor prosecution, administrative penalties, or both, and does not affect the city's right to suspend or revoke the license of a licensee as the city council deems appropriate. No administrative penalty or license suspension or revocation may take effect until the licensee or other individual has received notice, served personally by mail, of the alleged violation and of the opportunity for a hearing. 311.03 LICENSE REQUIRED. Except as may otherwise be provided in this article and with the exception of health care facilities or providers, it shall be unlawful for any person to operate a massage business or to personally perform massage services or to hold one's self out as being a massage therapist within the city unless such business or individual performing massage services is currently licensed under this article. Employees of a massage business must be separately licensed to perform personal massage services under this article if they perform such services. 311.04 PROOF OF LOCAL RESIDENCY REQUIRED. Any applicant for a business license or personal service license shall show proof of Minnesota or Wisconsin residency. In the case of a business license, the manager must also reside within Minnesota or Wisconsin. 311.05 FILING AND CONTENTS OF LICENSE APPLICATION. (a) Every application for a license under this article shall be filed with the City Clerk. Each application shall be made on a form supplied by the city and shall contain the following information: 4102023 (1) Business licenses. a. Whether the applicant is a natural person, a corporation, a partnership, or other form of organization. b. If the applicant is a natural person: 1. The true name, place, and date of birth, address, and phone number of the applicant. 2. Whether the applicant has ever used or has been known by a name other than their true name, and, if so, what was such name and information concerning dates and places where used. 3. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case, a certified copy of the certificate as required by Minn. Stats. Ch. 333 shall be attached to the application. 4. A Minnesota tax identification number accompanied by the corresponding certificate of organization issued by the Minnesota Secretary of State's Office. 5. The street address at which the applicant has lived during the preceding five years. 6. The type, name and location of every business or occupation the applicant has been engaged in during the preceding five years. 7. The names and addresses of the applicant's employers and partners, if any, for the preceding five years. 8. Whether the applicant has ever been convicted of any felony or other crime or violation of any ordinance other than traffic ordinances. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. 9. The physical description of the applicant (i.e., height, eye color, hair color, approximate weight). 10. A government issued photo ID card. Non-U.S. citizens must provide documentation indicating authorization to work in the U.S. Identification documents shall be copied and made part of the application. 11. The applicant's training or experience in performing massage services. 12. The name of the manager or proprietor or other agent in charge of the business to be licensed. 13. The applicant must allow the city to photograph the applicant. The photograph will be affixed to the issued license. c. If the applicant is a partnership: 1. The names, addresses and interest of all partners and all information concerning each partner as is required of an individual applicant in subsection (a)(1)b of this section. A separate application form shall be submitted for each business partner. 2. The name of the manager. 3. A true copy of the partnership agreement, which shall be 4102023 submitted with the application. If the partnership is required to file a certificate as to a trade name under the provisions of Minn. Stats. Ch. 333, a certified copy of such certificate shall also be attached. d. If the applicant is a corporation or other organization: 1. The name and, if incorporated, the state of incorporation. 2. A true copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws, which shall be attached to the application. If a foreign corporation, a certificate of authority, as described in Minn. Stats. Ch. 303, shall also be attached. 3. The name of the manager of the business to be licensed and all information concerning such persons as is required in subsection (a)(1)b of this section. The individual designated by the corporation, partnership or other organization as manager shall remain responsible for the conduct of the daily operations of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the city in writing of any change in manager, indicating the name, address and telephone number of the new manager and the effective date of the change. The licensee is not relieved of any obligations under this chapter by designation of a manager. 4. A list of all persons who are officers or directors of the corporation or organization or who control or own an interest in excess of five percent in such corporation or organization, and all information concerning such persons as is required in subsection (a)(1)(b) of this section. A separate application form shall be submitted for each business partner. e. Identify any prior or current professional, personal, or business license or license application from a jurisdiction other than the city. For each license or application supply the date of application, the nature of the license, whether the application was granted or denied, current status of the license or application, specify any adverse action (such as revocation, suspension, cancellation, or conditional provisions of practice or use of a professional, personal, or business license, or criminal charges) taken against the license, licensee, any employee, agent, contractor, or other person associated with any license or license application from another jurisdiction. f. The names of those individuals to be licensed and working for the applicant. At least one licensed massage therapist, or an applicant for a personal service license contemporaneously filed with the business license application, must be employed or associated with the business prior to the issuance of a business license. g. The names, residences, and business addresses of three residents of the State of Minnesota, of good moral character, not related to the applicant or financially interested in the premises or business, which may provide reference as to the applicant's and/or manager's character. 4102023 h. The address and legal description of the business premises. i. Proof acceptable to the city that the applicant has current insurance coverage as provided in section 311.18. j. A copy of the businesses sexual harassment and sexual assault policy, which shall include standards for training employees on sexual harassment and sexual assault and the reporting and investigation of complaints. k. Such other information as city staff or city council may require, including any additional information related to the foregoing mandatory application contents. (2) Personal service licenses. a. All information required above for business licenses under subsections (a)(1)b.1, b.2, (a)(1)b.510, (a)(1)b.12, (a)(1)e, and (a)(1)gi. b. Proof acceptable to the city that the applicant: 1. Is legally authorized to work in the U.S. Non-U.S. citizens must provide documenting indicating authorization to work in the U.S. 2. Possesses current personal professional liability insurance coverage or is an additional insured and/or is subject to an insurance policy held by a business licensed under section 311.05, with coverage as required by in City Code section 311.18. 3. Is affiliated with, employed by, or owns a massage business licensed by the city or is exempt from such requirement. c. Certificates shall be issued only to persons who have received and can furnish proof of receiving a qualifying amount of education. These minimum requirements are any of the following: 1. Hold an associate's degree or greater level degree in a field of nursing or physical therapy from a state-accredited, post- secondary educational institution, and hold a current license, in good standing, from the State of Minnesota to practice nursing or physical therapy; 2. Has completed 500 hours of certified therapeutic massage training from a member school of the National Certification Board for Massage Therapeutic Massage and Bodywork (NCBTMB) or other organization of therapeutic massage professionals which has a similar written and enforceable code of ethics as approved by the City Clerk. 3. Successfully pass the National Examination for Therapeutic Massage within the year prior to application as offered by the U.S. National Organization Board for Therapeutic Massage and Bodywork. 4. Have been previously licensed by the city and provide documentation that shows an ongoing effort to maintain or improve their massage therapy skills. d. The location where the applicant will perform massage services, which location must conform with sections 311.4 and 311.5 unless otherwise provided in this article. 4102023 (b) The applicant and licensee shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application. 311.06 EXECUTION OF LICENSE APPLICATION. All applications for a license under this article, whether for business or personal service, shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof. 311.07 FEES. Each application for a license under this article shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the city shall refund the amount paid. No other refunds shall be made. 311.08 INELIGIBILITY FOR LICENSE. No license shall be issued under this article to the following: (1) An individual less than 18 years of age. (2) An individual who has been convicted of prostitution, sex trafficking, criminal sexual conduct, or any other crime or violation involving moral turpitude. (3) Any other person whose application lists one or more individuals who have been convicted of prostitution, sex trafficking, criminal sexual conduct or any other crime or violation involving moral turpitude. (4) Any premises currently licensed in accordance with article XIII of this chapter or currently licensed to sell alcoholic beverages in accordance with chapter 401. 311.09 PROCESSING OF LICENSE APPLICATION; GRANTING OR DENIAL OF LICENSE. (a) Business licenses. Applications for business licenses under this article shall be processed as follows: (1) Investigation and report. Complete applications shall be referred to the chief of police for investigation and to such other city departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. Within 15 business days of such referral, the chief of police and other departments shall make a written recommendation to the City Clerk as to issuance or non-issuance of the license. The City Clerk may order and conduct such additional investigation as he deems necessary. 4102023 (2) Determination by City Clerk. The City Clerk shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing, specifying the reasons for denial. (b) Personal service licenses. Applications for personal service licenses shall be processed as follows: (1) Investigation. Complete applications shall be referred to the chief of police for investigation and to such other departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. Within 15 business days of such referral, the chief of police and other departments shall make a written recommendation to the City Clerk regarding issuance of the license. The City Clerk may conduct or authorize such additional investigation as he reasonably deems necessary. (2) Determination by City Clerk. Upon receipt of the written report and recommendation by the chief of police and within 15 business days thereafter, the City Clerk shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing specifying the reasons for denial. The applicant may appeal this denial in accordance with the procedure specified in section 308.10. (3) Renewal. Complete applications for renewal of licenses shall be submitted to the City Clerk at least 30 days prior to the expiration of the license. The City Clerk's determination regarding approval or denial of the license renewal shall be communicated to the applicant in writing, specifying the reasons if the license is denied. The applicant may appeal the denial in accordance with the procedure specified in section 308.10. (c) Criteria for issuance. The City Clerk shall have the discretion to consider the following in granting, denying, renewing, or declining to renew a license: (1) The character and suitability of the area in which the licensed premises is to be located. (2) The proximity of the site for the massage business to churches, schools, playgrounds, parks or other community facilities that may be adversely affected. (3) Numbers and proximity of existing massage businesses so as not to cause excessive concentration in an area. (4) Traffic congestion and parking problems. (5) False statements or representations, fraud, or deception in the license application. (6) History of violations of laws or ordinances that apply to health, safety, welfare or moral turpitude. (7) Evidence of reputation or character of applicant, deemed by the City Clerk to support a reasonable conclusion that applicant's operation of a business or performance of a licensee will not be consistent with the public health, safety, and welfare, or the requirement of this Code. (8) Convictions of crimes or offenses involving sexual misconduct, prostitution, sex trafficking, or fraud. (9) Inability to provide authorization to work in the U.S. (10) Police report and/or law enforcement investigation deemed by the City Clerk to contain a credible allegation of prostitution or criminal sexual misconduct. (11) If, for a business license, the applicant or licensee has provided a copy of its sexual harassment and sexual abuse/assault policy, which is deemed by the City Clerk, 4102023 to be fundamentally inadequate to prevent and protect against sexual assault and abuse. (12) Revocation or denial of similar licenses within the last five years. (13) Any other matter deemed by the City Clerk to be relevant to protection of the public's health, safety and welfare. (d) Conditions. (1) The City Clerk, in their sole discretion, may impose appropriate additional terms, conditions and stipulations upon the business licensee or personal service license holder before granting a license application or renewing a license. An applicant has the ability to appeal any terms, conditions, or stipulations on the grant of license in accordance with section 308.10. (2) The city council, in its sole discretion, may impose appropriate additional terms, conditions, and stipulations upon the licensee or personal service license holder, if reinstating a license after revocation or suspension, consistent with 311.12 311.10 TERM OF LICENSE. (a) All licenses issued pursuant to this article shall be valid for one year or part thereof and shall expire on December 31. Complete renewal applications shall be filed with the City Clerk by November 30. If a licensee does not apply for renewal by November 30 (i.e., a month before the license's expiration), to allow the city the opportunity to process the application prior to their current license's expiration, the licensee must apply for and provide all information required of a new license application, including but not limited to, a criminal background check. (b) When a licensee makes application for renewal of a current license and pays the required fee to the issuing authority on or before the termination date, the licensee is authorized to operate until such time as the license is either renewed or denied. 311.11 TRANSFER OF LICENSE. Each personal service license issued under this article shall be issued to the applicant only and shall not be transferable to another holder. No business licensee shall loan, sell, give, or assign a license to another person or location. 311.12 OPERATION OF BUSINESS; LICENSE CONDITIONS. (a) No massage business shall employ or use any person as a massage therapist unless such person is licensed for performing personal services by the city. (b) Except with respect to health care facilities or providers, no customers or patrons shall be allowed to enter or remain upon the licensed premises, nor shall any massage or massage business be offered or conducted, after 10:00 p.m. and before 8:00 a.m. daily. 4102023 The actual hours when a licensee chooses to conduct business must be on file with the police department and city and be in accordance with the business hours designated on their license application. These designated hours must be prominently displayed on the interior and exterior of the licensed premises. No person may engage in the practice of any service regulated by this chapter outside of those designated hours. Clientele may be on the licensed premises for no more than 15 minutes before or after the designated hours. (c) Any person acting as a massage therapist in any massage business shall have their license or a true copy thereof displayed in a prominent place on the licensed premises. (d) Each personal service licensee shall perform massage service only in an establishment licensed pursuant to this article or an establishment exempted from a license under this article. (e) No licensee shall discriminate on grounds of race, creed, color, sex, national origin, or ancestry in performing services offered by the licensee. (f) The person who is receiving the massage shall at all times have their anus and genitals covered with a nontransparent covering. (g) The massage therapist shall wash their hands and arms with water and soap, anti- bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed. (h) Any massage therapist performing any massages shall at all times have their anus, buttocks, breasts and genitals covered with a nontransparent material. (i) Every employee of any licensee shall at all times be covered as provided in subsection (h) of this section. (j) No personal service licensee shall solicit business in any public place or in any licensed liquor establishment within the city. If a business license or personal service license is under suspension or revocation, the licensee or former licensee, as the case may be, shall not solicit business or offer or agree to perform massage services, nor shall any business licensee affected by a suspension or revocation of such license allow, encourage, or direct any employee to solicit business or offer or agree to perform massage services within the city. (k) Where a reasonable basis is found by the City Clerk to impose other reasonable restrictions upon a license, taking into consideration one or more of the facts or circumstances set forth in section 311.12, the City Clerk may upon issuance or renewal of a license impose such additional reasonable conditions and restrictions on the manner and circumstances under which the licensed activity shall be conducted to preserve the public peace and protect and promote the public's health, safety, welfare, good order and security. (l) The business licensee is responsible for the conduct of themselves, their business, and their employees. (m) The licensee shall engage in practices designed to ensure cleanliness and health and which are designed to resist anything detrimental to the public's health, safety or welfare. (n) No person, whether as a licensee or employee or agent thereof or otherwise, shall engage or offer to engage in any sexual activity or engage or offer to engage in any activity prohibited by statute, ordinance, regulation or rule, on the licensed premises or in connection with a massage or massage business. (o) The licensee shall report any complaints of sexual misconduct or sexual assault made by its patrons against its employees. The licensee shall take such action as required by 4102023 its sexual harassment and/or sexual assault policies on file with the city. In reporting to the city, the licensee shall protect the identity of the complainant if the complainant is the victim of sexual assault or abuse. (p) No licensee shall knowingly permit on the licensed premises or in any room of the licensed premises, or in any adjoining building directly or indirectly under his or her control any violation of city ordinances or state or federal law. (q) In order to inhibit illicit or illegal activity, including prostitution and human trafficking, no licensee shall advertise massage services through any media that is classified for adults only or targeted toward sexually-oriented businesses, or use of any advertising that refers to the massage services as appealing to or satisfying an erotic or prurient interest, lust, sexual or passionate desire. 311.13 SUSPENSION OR REVOCATION OF LICENSE. The city council may suspend or revoke a license issued under this article. Any suspension or revocation of a license shall be accomplished in accordance with the procedure specified in sections 308.09 and 308.10. In addition, the council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days, which suspension shall be communicated to the licensee personally or by leaving the notification at the licensed premises with the person in charge thereof. Any one of the following shall be grounds for suspension or revocation of a license: (1) Failure of the licensed premises or personal licensee to comply with any of the ordinances of the city, rules promulgated thereunder, or statutes of state. Added Space (2) Control or possession by the owner, manager, lessee, or any employee of the massage business of any alcoholic beverages or narcotic drugs or controlled substances on the premises, possession of which is illegal as defined by state statutes or city ordinances. (3) Conviction of the owner, manager, lessee, or any employee of the massage business of a violation of any ordinance or state statute or any rule promulgated under either, arising on the premises to which the license was granted under this article. (4) Conviction of the owner, manager, lessee or any employee of the massage business of prostitution or any other crime or violation involving moral turpitude, sex trafficking, or sexual misconduct on the licensed premises. (5) Police report and/or law enforcement investigation deemed by the City Clerk to contain a credible allegation of prostitution, sex trafficking, or criminal sexual misconduct. (6) Report of internal investigation by business licensee wherein a personal licensee is suspended or terminated for credible allegations of prostitution or criminal sexual conduct. (7) Failure of business licensee to adopt, implement, or effectively utilize a sexual harassment or sexual abuse/assault policy. (8) Failure to promptly notify the director of community development of any change in the information or facts required to be submitted in connection with an application for a license. 4102023 (9) Failure of the premises to comply with the health, safety and building regulations of the city and state. (10) Presence of the massage business being found to be detrimental to the health, safety or welfare of the citizens of the city. (11) Evidence of a material variance, without prior approval of the City Clerk, in the actual plan and design of the premises from the plan submitted pursuant to 311.14 or from the original design of the premises when initially licensed. (12) If a license is revoked pursuant to this section, the licensee cannot apply for a new license for a period of one year after revocation. 311.14 APPROVAL OF PLANS AND SPECIFICATIONS FOR MASSAGE PARLORS AND SAUNAS. All persons who hereafter construct, extensively remodel or convert buildings or facilities for use as a massage business shall conform and comply in their construction, erection or alteration with the requirements of this article. Plans and specifications for such layout, arrangement and plumbing and construction materials of the sauna and massage areas, and location, size and type of equipment and facilities, shall be filed by the owner in the building department. No construction, alteration, or remodeling will occur without issuance of a building permit. 311.15 CONSTRUCTION AND MAINTENANCE OF PREMISES USED FOR MASSAGE BUSINESS. (a) ‘ğƌƌƭ ğƓķ ƚƷŷĻƩ ƭǒƩŅğĭĻƭ. All massage rooms, locker rooms, restrooms and bathrooms used in connection with a massage business shall be constructed of smooth and easily cleanable materials which are resistant to moisture, bacteria, mold or fungus growth. The floor-to-wall and wall-to-wall joints shall be constructed to provide a sanitary cove with a minimum radius of one inch. (b) wĻƭƷƩƚƚƒƭ. Restrooms shall be provided for each sex. Each restroom shall be provided with ventilation as required pursuant to the building code, a handwashing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. Waste shall be removed from each restroom at least daily. (c) ağźƓƷĻƓğƓĭĻ ğƓķ ƭğƓźƷğƷźƚƓ ŭĻƓĻƩğƌƌǤ͵ Floors, walls and equipment in massage rooms, restrooms and bathrooms used in connection with the massage business must be kept in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six inches off the floor. Sanitary towels, washcloths, cleaning agents and toilet tissue must be made available for each customer. (d) tğƦĻƩΉƌźƓĻƓ ƩĻƨǒźƩĻƒĻƓƷƭ͵ A licensed therapeutic massage enterprise shall provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage; or in the alternative, if the table, chair or furniture on which the patron receives the massage is made of material impervious to moisture, such table, chair or furniture shall be properly sanitized after each massage. 4102023 (e) ağƭƭğŭĻ Ʃƚƚƒƭ͵ Doors on massage rooms shall not be locked or capable of being locked. No locks, latches or other devices intended to secure a door so as to prevent its being opened by any person from either side of the door with or without a key may be present on any doors on massage rooms. All massage rooms shall be clearly identified by signs. Massage rooms must be equipped with mechanical air ventilation or an exhaust fan. A hot and cold water hand washing sink with soap and hand drying by mechanical or disposable towel is required in the therapeutic massage area. Use of a public bathroom or janitor's sink is not allowed. One sink may serve multiple massage therapy rooms in the same therapeutic massage area. (f) \[źĭĻƓƭĻ ķźƭƦƌğǤ͵ The business license and personal license of all massage therapists employed by the business must be displayed at all times in an open and conspicuous area of the premises which patrons can readily view. 311.16 GUEST REGISTRY AND INSPECTION REQUIREMENTS. (a) The business licensee is required to retain a guest/customer registry at all times. The guest registry shall include the guest's name and address, their arrival and departure date and times, the amount collected and the method of payment. If a guest pays with cash, they must present photographic identification, which the business must copy and record the number and expiration date of the document. Failure of the business licensee to maintain an up-to-date guest/customer registry may result in suspension or revocation under section 311.13. Upon demand by any police officer or the City Clerk or their designee, the guest/customer registry must be made available for inspection. If the business licensee does not voluntarily produce the guest/customer registry, the business licensee is required to secure any written registry or electronic registration system in the presence of the police officer, or the City Clerk or their designee, in the manner directed by the police officer, or the City Clerk or their designee. The business licensee must ensure that no one is able to tamper with the records until such time as a subpoena, warrant, or court order has been issued or denied. A subsequent refusal to comply with an authorized subpoena, warrant, or court order shall constitute a violation of this section. (b) During any hours in which any person is present on the licensed premises, all massage businesses shall be open to inspection by county health and city building and license inspectors, police officers, and the City Clerk or their designee. Failure to allow an unimpeded inspection shall be a violation of this article. If the business licensee or the manager or proprietor of the licensed premises does not voluntarily permit an inspection of the premises, the business licensee or the manager or proprietor of the licensed premises is required to secure the premises in the presence of the police officer, or the City Clerk or their designee, in the manner directed by the police officer, or the City Clerk or their designee. The business licensee must ensure that no one is able to tamper with the records or items on the premises until such time as a subpoena, warrant, or court order has been issued or denied. A subsequent refusal to comply with an authorized subpoena, warrant, or court order shall constitute a separate violation of this section. 4102023 (c) Upon demand by any police officer, any person engaged in providing services in any licensed premises shall provide their true legal name and correct address. The business licensee is independently responsible for immediately providing the true legal name and correct address of any person engaging in massage services on the licensed premises. 311.18 INSURANCE (a) Prior to the issuance of a license under this chapter, the applicant shall submit proof to the City in the form of insurance policies or certificates of insurance acceptable to the City, and issued by insurance companies authorized to do business in the state for the following polices: (1) Professional liability in the practice of massage for a minimum limit of $1,000,000.00. (2) General liability for bodily injury and property damage liability with a minimum combined single limit as follows: a. General Aggregate $2,000,000.00 b. Each Occurrence $1,000,000.00 (3) (b) Should any of the policies be canceled or not renewed before the expiration date thereof, the be ten days for nonpayment of premium. (c) Key Guide of A- 311.19 EXCEPTIONS. (a) No business license shall be required for any premises where massage is offered as an accessory use if it meets the following criteria as evidenced by affidavits and other documents submitted to and reasonably acceptable to the city: (1) The principal activity of the business shall not be massage. (2) No more than 25 percent of the establishment's annual gross revenue shall be derived from massage as shown by financial statements certified as being true and correct by an independent certified public accountant. (a) Such statements shall be filed each year with the City Clerk by the person who operates the business establishment. (b) Such filing shall be made within 30 days of the end of the establishment's fiscal year and shall be for the fiscal year just completed. 4102023 (c) The City Clerk may require additional or more frequent financial filings when deemed by him to be necessary to determine compliance with this section. (3) All persons performing massage must possess a valid personal services license issued by the city. (4) The rooms where massage is performed shall not have an exclusive entrance from or exit to the exterior of the building in which the principal business is located or to a public concourse or public lobby. Notwithstanding this restriction, massage may be performed by a licensed individual at the residence or business of the person receiving the massage, but may not be performed or offered at any premises requiring a license pursuant to chapter 309 or chapter 401. (5) All fees or other consideration derived from performing massage shall be received by and be accounted for by the proprietor of the principal business. (6) All individuals performing massage in connection with the business shall be employees of the principal business or shall be independent contractors or agents who perform massage pursuant to a written agreement with the owner of the principal business. (b) No business license shall be required for an individual who does not maintain a business premises within the city and who performs massage solely at the residence or business of the person receiving the massage. Such individuals, however, shall possess a valid personal services license, shall not employ any individuals in connection with the practice of massage, and shall not offer or perform massage at any premises requiring a license pursuant to chapter 309 or chapter 401. (c) All other provisions of this article and this Code shall apply except those which by their nature cannot reasonably be applied to the persons and premises exempted from a business license. 311.19 RESERVED. SECTION 2. EFFECTIVE DATE. This Ordinance shall take effect upon its passage and publication in the City's official newspaper. Passed and adopted by the City Council of the City of Shorewood this 10th day of April, 2023. Jennifer Labadie, Mayor ATTEST: __________________________ Sandie Thone, City Clerk 4102023 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-037 A RESOLUTION APPROVING THE SUMMARY PUBLICATION FOR ORDINANCE 600 AMENDMENTS TO SHOREWOOD CITY CODE, CHAPTER 311 (MASSAGE LICENSING) WHEREAS, at a duly called meeting on April 10, 2023, the City Council of the City of Shorewood adopted Ordinance No. 600 entitled “AN ORDINANCE APROVING AMENDMENTS TO SHOREWOOD CITY CODE CHAPTER 311 (MASSAGE LICENSING) repealing and replacing it in its entirety; and WHEREAS, Ordinance No. 600 establishes the requirements for engaging in the business of massage within the City of Shorewood, including licensing and performance standards; and WHEREAS, Ordinance No. 600 is lengthy; and WHEREAS, as authorized by Minnesota Statutes, Section 412.191, subd. 4, the City Council has determined that publication of the title and summary of the ordinance will clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 600 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 600 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. 3. A full copy of the Ordinance is available at Shorewood City Hall during regular office hours and on the city’s website. th ADOPTED by the Shorewood City Council on this 10 day of April 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 225864v1 City Council Meeting Item Item Title/Subject: Spring Clean-Up and Paper Shred Event 9A.1 Meeting Date: 4/10/2023 Prepared by: Eric Wilson, Communications Coordinator Reviewed by: Brenda Pricco, Deputy Clerk Attachments: Background: Every year, City of Shorewood offers a spring drop-off for large bulky items and some items that cannot be recycled curbside. This event, called Spring Clean-Up, is always held on the third Saturday in May 8 a.m. to 1 p.m. The drop-off is located at Shorewood Public Works Department. In conjunction with Spring Clean-Up, a free paper shred event is held in the city hall parking lot, on the same day 9 a.m. to 12 p.m. (or until the trucks are filled). Financial or Budget Considerations: No financial or budget considerations. Spring Clean-Up is only available to Shorewood residents. A driver’s license or other ID with Shorewood address is required for anyone dropping off items at Public Works. Cash or check payments will be accepted during the event. Action Requested: n/a 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 City of Shorewood Council Meeting Item 9A.2 Title/Subject: Tree Sale 2023 Update Meeting Date: Monday, April 10, 2023 MEETING Prepared by: Eric Wilson, Communications Coordinator TYPE Regular Reviewed by: Sandie Thone, City Clerk/HR Director Meeting Attachments: n/a Background: For several years, the City of Shorewood has participated in and hosted an annual tree sale. As in the past, the City of Shorewood will order the trees, offer them for sale, and be responsible for the purchase of any unsold trees that were ordered. Unsold trees purchased by the city will be planted in public spaces. The City of Shorewood began accepting orders for the 2023 Tree Sale at 8 a.m. on Monday, April 3, 2023, online and in-person. 124 trees (18 varieties) were offered. Sales will continue until all trees are sold. Status of sales*  20 paying customers have purchased 88 trees  11 of 18 varieties are sold out  36 trees remain (City will need to purchase at least 2 trees because resident did not receive 2 trees in 2022 for City of Shorewood construction projects)  Current revenue: $6,139.25 (cost to purchase trees in advance = $9,603.70)  43 trees waitlisted * As of 4:00 p.m. on April 5. Action Requested: n/a Timeline: The tree sale will continue to be advertised on the city website and through social media until all trees are sold. Residents will pick up trees during the first week of September 2023. 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. This program helps protect, preserve, and enhance the environment of the community. 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 9A.3 Title/Subject: Water Infrastructure and Delivery MEETING Meeting Date: Monday April 10, 2023 TYPE Prepared by: Andrew Budde, City Engineer Regular Reviewed by: Matt Morreim, Director of Public Works Meeting Attachments: Background: At the February 27, 2023 Council Retreat the water system and water quality were discussed as a topic. Council was supportive of staff completing additional testing to better determine the source and levels of iron and/or hardness in the water. The main concerns with iron and hardness are taste, odor, aesthetics and it can clog water fixtures. Iron is a secondary drinking water regulation and is not currently tested during the monthly samples taken at each of the wells. Staff will pull and test samples from the 6 active wells within the city and have the samples tested for iron and water hardness. They will also pull a sample downstream of the city’s lone iron filters at well 7 to understand their effectiveness. These distribution samples and testing results will provide additional insight into the quality of the city’s water sources. Staff will review and analyze the water testing results before providing additional recommendations for further water testing, water modeling or capital or maintenance recommendations. Financial Considerations: Approximately $1,000-$1,500 for tests plus staff time. 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 9A.4 Title/Subject: Eureka Road Improvements MEETING Meeting Date: Monday April 10, 2023 TYPE Prepared by: Andrew Budde, City Engineer Regular Reviewed by: Matt Morreim, Marc Nevinski Meeting Attachments: Resident Petition, 2011 Trail Map, Project Process & Decision Chart Background: At the March 27, 2023, council meeting there were comments made by residents at the Matters from the Floor with concerns about the upcoming Eureka Road project that is currently slated in the Capital Improvement Plan for construction in 2025. The general concerns from residents, that included a petition signed by approximately 40 residents, is that they want the roadway resurfaced in 2023 due to its poor condition and they don’t want the roadway widened, addition of curb & gutter, addition of sidewalk, tree removal, or the city to acquire easements if needed for those improvements. The city has been budgeting for improvements to Eureka Road north by including it in the Capital Improvement Plan since 2018. The city’s practice for larger street improvement projects such as this, is to complete a scoping study approximately two years prior to construction. This process and document help the city council, staff, and residents gather accurate information to better understand the benefits and associated impacts that could be implemented as part of the overall project. The process is intended to have a long-term vision that will create the necessary infrastructure for the next 30-50 years. The city evaluates its existing infrastructure to see if it needs any significant repairs. In this case watermain and sanitary sewer both currently exist under the roadway along with some limited storm sewer. The city also looks at other infrastructure that the community could benefit from if it was included in the project such as additional drainage improvements, adding curb & gutter, sidewalk/trails, on-street parking, emergency services, and other safety concerns. The 2011 Trail Plan identified Eureka Road as a location that the community could benefit from by adding a sidewalk or trail, so it is appropriate for the city to evaluate the impacts of a sidewalk and if this planned project is the appropriate time to install that sidewalk. The city has also developed a Project Process and Decision Chart that is used as a guide when working through these types of projects with the intent to inform the city and residents of information needed to make educated decisions and when resident feedback on the project is most beneficial. Staff will approach the study in two main steps. First, preliminary data, such as verifying existing utility infrastructure and resident input will be gathered to current conditions and community goals for Eureka Road. Staff will then provide an update to the Council with 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 preliminary finding and options before proceeding with more detailed work, such as topographic surveying and wetland delineation. #7B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Minor Subdivision and Variance to Lot Width Applicant: Zehnder Homes, Inc. Location: 24835 Yellowstone Trail Meeting Date: November 22, 2021 Prepared by: Marie Darling, Planning Director Review Deadline: January 26, 2022 Attachments: Planning Staff Memorandum Resolution Background: See attached memorandum for detailed background on this item. At the November 16, 2021 meeting, the Planning Commission unanimously recommended approval of the minor subdivision and variance request to subdivide the property into two parcels, based on the finding that the applicant has met the variance criteria and the intent of the subdivision regulations. The applicant was present at the meeting. Two residents requested to speak and raised concerns regarding neighborhood character and drainage, which is addressed below. Drainage concerns: The resident was concerned that the low area on the west side of the subdivision could carry water from the Minnetonka Country Club. After the meeting, staff requested the City Engineer review the subdivision and review the neighborhood situation. The low area does drain to Lake Minnewashta, but does not from the Minnetonka Country Club. The applicant has proposed to create a rain garden to provide rate control for the impervious surfaces expected on the new lot. Between the rain garden and the new easements that would be provided around the periphery of each lot, the subdivision would not negatively impact the area. Financial or Budget Considerations: The application fees cover the cost of processing the request. If approved, the applicant would be required to pay one park dedication fee ($6,500) and one local sewer connection charge ($1,200) prior to recording the subdivision. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request to subdivide the property with a variance for lot width at 24835 Yellowstone Trail. Motion requires a simple majority to adopt. 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\\2021 Cases\\24835 Yellowstone Trail\\CAF Memo.docx Next Steps and Timelines: If the City Council approves the request, the applicant would need to meet the conditions of approval and could then request a certified copy of the resolution for recording at Hennepin County. Once the subdivision is recorded, the applicant could request a building permit. MEMORANDUM Date:11/08/2021 To:Marie Darling, Planning Director From:Matt Bauman, PE Subject:24835 Yellowstone Trail Lot Splitand Variance Review City of Shorewood Project No.: 0C1.123603 The following documents were submitted for review of compliance with the City of City Code,Local Surface Water Management Planand Engineering Standards: Administrative Subdivision revised dated 8/2/2021 Proposed Site Plan, Grading and Erosion Control Planrevised dated8/2/2021 Stormwater Management Plan and HydroCAD models dated 7/30/2021 Certificate of Survey revised dated 6/28/2021 This review only included the documents listed above, primarily dealing with grading, modelling and stormwater managementand lot splitand variance requests. 1.Update reference on the Grading, Drainage and Erosion Control plan to the Minnehaha Creek Watershed District. 2.The Grading plan shows an existing storm sewer line crossing the driveway within lot 4, but not shown on the Existing Conditions Survey. Clarify if this line exists and what is happening with it. 3.List pipe material and sizes of proposed driveway culvert. Culvert shall be installed to City standard detail: STO-14. 4.The property must meet the City of Shorewood Surface Water Management Plan Regulations (Section 5.3). The proposed plan meets these regulations, with a few clarifications needed. a.Verify the time of concentration and flow length of catchment PR1. b.Verify that there is at least 3.0 feet of separation from the bottom of the infiltration basin to the groundwater elevation. This should be confirmed with a soil probe prior to during construction. 5.Modify the ponded area to be fully within one property or the other, not both. 6.The proposed infiltration basin shall be constructed within the proposed drainage and utility easement since it will be serving lot 3, but placed on the existing home lot 4. This makes it accessible to City staff. 7.Owners of private stormwater facilities shall enter into an agreement with the City describing responsibility for the long-term operation and maintenance of the stormwater facilities and shall be executed and recorded with building permit application. An operations and maintenance plan for the proposed stormwater system should be included with future submittals. a.A template plan isattached. (Ȁ͐3(7$͐Ώ#ΐΐΑΒΕΏΒ͐ΐ͑#®±±¤²͐#͑4® /³§¤±²͐0« ­ 2¤µ¨¤¶͐ΑΏΑΐȃΐΐȃΏΗ͑ΑΓΗΒΔ 9¤««®¶²³®­¤ 4± ¨« 6 ±¨ ­¢¤  ­£ ,®³ 3¯«¨³ 2¤µ¨¤¶ȁ£®¢· Name:24835 Yellowstone Trail Lot Split and Variance Review Date:11/08/2021 Page:2 8.Applicant shall determine if it wishes for Lot 3 to be responsible for long term maintenance of the stormwater facility or Lot 4. Lot 3 necessitates the need for the basin, but both lots do contribute somedrainage to it. a.If Lot 3 is responsible, the maintenance agreement will be written requiring they maintain, and a separate agreement needed forLot 4 to allow Lot 3right of access to maintain. b.If Lot 4 is responsible, the maintenance agreement will be sufficient for the single lot, however if future improvements to Lot 3 are proposedthat would trigger more stormwater control, Lot 3 would not have access to the basin to add storageor make changes. Lot 3 would need to come upwith additionalcontrol features on their lot. 9.A permit will be required with Minnehaha Creek Watershed District for Erosion and Sediment Control. Emma Notermann From:Dale Shrode <dcshrode@icloud.com> Sent:Friday, November 12, 2021 12:20 PM To:Planning Subject:Zehnder Homes Inc. variance request November 12, 2021 To: Planning Dept. City of Shorewood 5755 Country Club Road Shorewood, MN 55331 From: Dale Shrode 24755 Yellowstone Trail Shorewood, MN 55331 Re: Zehnder Homes Inc. variance request Dear Planning Dept; I am the property owner on the east side from 24835 and oppose the subdivision. I purchased my property because I was attracted to the green space of the golf course across the street and the distance between my neighbors. Appears I may be losing both. ( I do miss the serenity of the golf course) I believe the subdivision would devalue my property marketing towards potential buyers that are attracted to the same amenities I was. The previous resident of 24835 Scott Henry had told me he applied for a subdivision and was denied. I believe the property was surveyed at that time also. Drive thru the neighborhood to see 24835 at its full potential. You will see children playing ball with their dog in the spacious front yard. The scene could be a setting for a Norman Rockwell painting, an image any community would be proud of. Keep this property as is for generations of families to enjoy. The mature trees between the properties have taken years to provide a natural border. Removing them will barren the landscape. Please let’s not vary from our standards and squeeze another home into our community. What makes the magic number to vary the minimum ? 4 inches ?, 4 feet ?, 40 feet ? 1 Perhaps Minnetonka County Club development could offer buyers a new home rather than a 24835 undersized subdivision. Sincerely, Dale Shrode Sent from my iPad 2 RESOLUTION 21-140 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN MINOR SUBDIVISION AND VARIANCE FOR ZEHNDER HOMES FOR PROPERTY LOCATED AT 24835 YELLOWSTONE TRAIL WHEREAS, Zehnder Homes, Inc. (the “Applicant”), has submitted a request for a minor subdivision and variance for lot width in order to subdivide the property legally described as follows into two lots: Lots 3 & 4, Block 1, Deerfield Addition, Hennepin County, Minnesota And, WHEREAS, the Applicant’s proposed subdivision of said real property into two parcels is legally described and illustrated in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant’s application materials and plans dated September 3 and 28, and November 3, 2021 were reviewed by the Planning Director, whose memo was forwarded to the Planning Commission for their meeting on November 16, 2021, a copy of the memo is on file at the Shorewood City Hall; and WHEREAS, the application was considered by the Planning Commission at a regular meeting held on November 16, 2021, the minutes are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on November 22, 2021at which time the Planning Director's memorandum and the Planning Commission's recommendations and resident comments were reviewed and comments were heard by the Council from the Applicant and residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the minor subdivision and variance are hereby approved, subject to the following conditions: 1. The real property legally described above is hereby approved for division into two parcels, legally described and illustrated in Exhibit A, subject to the conditions listed below. 2. The variance to allow a lot to be created with 99.65 feet where 100 feet are required by ordinance is hereby approved, in accordance with the plans submitted on September 3 and 28, 2021 and revisions submitted November 3, 2021, based on the findings that the criteria have been met, especially that the applicant has shown unusual hardship in that the variance would allow uncomplicated legal descriptions, would not impact the public welfare, would be compatible with the neighborhood and would be the minimum action necessary to alleviate the unusual hardship, subject to the conditions listed below. 3. The subdivision and variance approval is subject to the following conditions: a. Prior to recording the subdivision, the applicant shall submit the following consistent with City Code: i. Submit executed 10-foot drainage and utility easements around the periphery of each lot. ii. Submit payment of one park dedication fee ($6,500) and one local sanitary sewer Access charge ($1,200). iii. Remove the accessory shed on future Lot 3. iv. Identify the location of the well on future Lot 4. b. Prior to issuance of a building permit: i. The applicant shall submit proof of recording for this resolution, easements and maintenance agreement. ii. Prior to construction of improvements on either lot, the applicant must acquire the appropriate permits. iii. With a building permit application, the applicant shall submit a revised tree preservation/landscaping plan shows all the proposed trees in conforming locations and revise the plans to be consistent with the City Engineer’s memo dated November 8, 2021 and City Code. iv. Prior to installing services or conducting other work in the right-of-way, the applicant shall obtain the appropriate right-of-way permit. v. The applicant shall submit a construction management plan detailing contractor parking, how deliveries will be made without blocking public streets, where storage of materials will occur, hours of construction and how often streets will be swept. 4. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes when the above conditions are satisfied. 5. The Applicant shall record this resolution and the easements with the Hennepin County Recorder or Registrar of Titles within 30 (thirty) days of the date of the certification of this resolution. nd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of November, 2021. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk 2 Exhibit A Legal description of the easterly parcel (Parcel A): Lot 3, Block 1, Deerfield Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Subject to the easements as recorded on said plat of Deerfield Addition. Legal description of the westerly parcel (Parcel B): Lot 4, Block 1, Deerfield Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Subject to the easements as recorded on said plat of Deerfield Addition. 3 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 22, 2021 Page 3 of 12 Mayor Labadie asked staff to address the comment made regarding charging residents for copies and asked if there is a way for people to view documents free of charge. City Clerk/HR Director Thone stated that there is no charge for inspection of documents. She stated that the only time there is a charge is when residents want to leave with documents whether they are electronic or hard copy. Mayor Labadie asked for an explanation of `inspection'. City Clerk/HR Director Thone explained that inspection means that they can come into City Hall and view the documents. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report by Commissioner Hirner on October 26, 2021 Park Commission Meeting Park Commissioner Hirner gave a brief overview of discussion and actions taken at the October 26, 2021 Park Commission meeting, as reflected in the minutes. 7. PLANNING A. Report by Commissioner Riedel on November 16, 2021 Planning Commission Meeting Planning Commissioner Riedel gave a brief overview of the discussion and actions taken at the November 16, 2021 of the Planning Commission, as reflected in the minutes. B. Minor Subdivision and Variance Applicant: Zehnder Homes Location: 24835 Yellowstone Trail Planning Director Darling gave an overview of the request for a minor subdivision to re-establish the original lot line between two parcels. She noted that the original lot was recorded in the 1950s and were combined at some point in the past. She explained that the measurement regulations have changed since that time, so with current regulations, the lot would be four inches short of the 100 feet that is required. Staff initially recommended approval because, to recreate legal descriptions in this case, would create two complicated legal descriptions rather than two very simple legal descriptions. Staff received one letter that is attached in the packet and noted that there were also two requests to speak at the Planning Commission meeting. She gave a brief overview of the comments made at the meeting regarding the ravine work that was completed on the west side of the property that drains the Minnetonka Country Club which has been working well and were concerned that this subdivision would interfere with the flow. She stated that upon review, she found that there is a low area on the west side of the property which carries some localized overland waters, but no overland water from the Minnetonka Country Club. She noted that there is a twenty-four inch storm sewer pipe that is on the property to the west which carries a substantial amount of water from the Minnetonka Country Club regional ponds, through this CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 22, 2021 Page 4 of 12 area, and then directed towards Lake Minnewashta. The existing easements over the other property, as well as the standards ten foot easement, are adequate for the City to maintain the pipes in the future and nothing is expected with this subdivision that would harm the existing drainage system. The applicant is proposing to put a rain garden in the north middle portion of the project which would account for rate control from the additional impervious surface proposed on Lot #4. The Planning Commission voted unanimously to recommend approval of the request. Gorham moved, Johnson seconded, Adopting RESOLUTION NO. 21-140, "A Resolution approving a Minor Subdivision and Variance for Zehnder Homes for Property Located at 24835 Yellowstone Trail." All in favor, motion passed. C. Variance to Minimum House Width Applicant: Ben and Meghan Becker Location: 6180 Cathcart Drive Planning Director Darling explained the request to allow a home to be built at twenty feet wide rather than the required twenty-two feet. The applicant is proposing to remove all of the existing structures from the site and build a new home with two detached garages that would be used to store their personal vehicles and equipment. The home and the garages will have cedar stain, lap -siding with metal roofs. She explained that the proposed home is 20x65 feet and would have about four percent impervious surface coverage. Staff and the Planning Commission recommended approval. She noted that the Planning Commission had asked staff to add discussion of the purpose of a minimum width and size home as well as the size of the garage be added to their work plan in the upcoming year. Ben Becker, 6180 Cathcart Drive, explained that this home was designed for his family by their architect, Dan Salmela. He read aloud brief biographical information regarding the background and design style of Mr. Salmela. He stated that they are very proud that Mr. Salmela has designed their home and explained some of the elements related to efficiency and natural light. Councilmember Callies stated that a two foot difference, to her, does not seem to be that much. She stated that Mr. Becker stated that twenty feet is conducive to natural light and asked why twenty-two feet would not be conducive to their plans. Mr. Becker stated that he believes that is a question that would need to be answered by Mr. Salmela. He noted that when they discussed it, Mr. Salmela indicated that sixteen feet is actually the optimal width. He stated that they have seven foot tall windows and there will be dark cement floors that will allow the light to flood in and warm the flooring and the house. He stated that Mr. Salmela has built other homes that are twenty feet wide which is the compromise that he feels is not too drastic a departure from the optimal sixteen feet width. Councilmember Callies asked what the basis was of the City having a twenty-two foot width requirement. Planning Director Darling explained that the minimum home size is consistent with other cities around the metro area. She stated that years back, the State Statute changed which said that zoning ordinances could not prevent any particular types of construction as long as they met the State building code. She stated that as a get around from people trying to live in sheds or mobile homes on regular lots, most cities instituted a size limitation. She stated that the size for Shorewood is 22x30 feet which is the equivalent of 660 square feet. She stated that the Becker CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, NOVEMBER 16, 2021 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gault (arrived at 7:05 P.M.) and Riedel; Planning Director Darling; and, Council Liaison Johnson Absent: Commissioners Huskins 1. APPROVAL OF AGENDA Riedel moved, Eggenberger seconded, approving the agenda for November 16, 2021, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES  October 5, 2020 Eggenberger moved, Riedel seconded, approving the Planning Commission Meeting Minutes of October 5, 2021, as presented. Motion passed 3/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARINGS – NONE 5. NEW BUSINESS A. Subdivision Variance Applicant: Zehnder Homes, Inc. Location: 24835 Yellowstone Trail Planning Director Darling explained the request to subdivide the property into two lots and for a variance to allow the easterly lot to be 99.65 feet wide when 100 feet is required. She noted that this property was originally two lots that were then combined into one larger lot. She stated that the lot width regulations and how they are measured have changed since the original lots were created in the 1950s. She stated that other than the lot width requirement, the subdivision is routine. Staff recommends approval of the requests, subject to the conditions as included in the staff report. There has been one letter received noting concerns with the subdivision causing a decline in their property values. Commissioner Gault arrived at the meeting. DRAFT CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 16, 2021 Page 2 of 9 Commissioner Riedel noted that one of the conditions includes removal of an accessory shed and asked if it was because if this subdivision is allowed that would leave an accessory structure on a lot that has no main dwelling. Planning Director Darling confirmed that this was the reason for this condition and noted that it was also not compliant in terms of setbacks. Commissioner Eggenberger asked about the well and the condition to identify the location of the well on future Lot 4. Planning Director Darling explained that the City wants to ensure that each lot has its own functioning potable water source. Commissioner Eggenberger confirmed that this meant that there was not City water connected to this property and if someone were to build on Lot 3 they would have to dig their own well. He asked what would happen if it was found that the well was located on Lot 3. Planning Director Darling stated that they would have to dig a new well for Lot 4. Commissioner Riedel asked about the right-of-way to access Lot 3. Planning Director Darling stated that when they install a new service connection for sewer they will need a right-of-way permit in order to do so. th Eric Zehnder, Zehnder Homes, 10300 10 Avenue N, Plymouth, noted that he has been able to determine that the well for Lot 4 is located on Lot 4 and is shown on the survey. Commissioner Riedel asked if the property owner had any objection to removal of the shed. Mr. Zehnder stated that they do not have any objection to that condition. He noted that the current renter for Lot 4 is planning to purchase the home. Chair Maddy asked if there was anyone present who would like to comment on this application. Dale Schrode, 24755 Yellowstone Trail, stated that he thought his neighborhood was a mature and established area. He stated that he has liked all the settings for the home and never imagined that there would be room to squeeze another home in. He stated that this request seems to be out of place and stated that the proposed home will obstruct his view to the west and feels the limited visibility will increase the danger of entering the road. He stated that he also has concerns with changes in the landscape and the environmental impact because that small piece of woods offers a huge sanctuary for an array of wildlife, such as owls, pileated woodpeckers, wild turkeys, and deer. There is also a whole ecosystem there with tree frogs and other insects. He stated that it would be a shame to lose the existing habitat and collapse the ecosystem. He read aloud a quote from the Shorewood website about it being a ‘little bit city and little bit country’. He stated that he understands that there is a plan to replant trees but that means that the habitat won’t return until 50-100 years from now. He stated that he does not see this project as improving or adding benefit to the community or neighborhood and will have an awkward, misfit appearance. He asked that the City adhere to its minimum lot standards and not approve the variance for subdivision. He stated that that the neighborhood has been long established and believes it should stay that way for the next generation to enjoy. DRAFT CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 16, 2021 Page 3 of 9 George Greenfield, 24715 Yellowstone Trail, asked if the Commission was aware of the nature of the wooded ravine on the west boundary of the property. He stated that about 3 or 4 years ago, the conservation district, in conjunction with the new development on the golf course, redid the drainage system that goes through the ravine from the Country Club to Lake Minnewashta. He stated that the stated size is misleading because that area cannot be disturbed without wrecking the new drainage system. He stated that it appears that the existing driveway will remain and asked if the driveway for the new home would run parallel to Yellowstone or perpendicular. He stated that, as Mr. Schrode pointed out, that will disrupt the conformity and symmetry of the neighborhood. He stated that a variance of 4 inches sounds minor, however one of the things that he believes perturbs many residents is that the City rarely acts on principle and everything is done ad hoc. He stated that 4 inches is a violation of the City Code. He gave the example of the request that was denied to divide a parcel into smaller lots along Seamans and noted that he sees a constant inconsistency in how the City acts. He stated that if the City does approve this request, he believes they should let everyone in the Deerfield Addition know that their property will be susceptible to subdivision into two lots. Mr. Zehnder stated that he can address a few of the concerns that have been raised. He noted that if you look at an aerial photo, the house setbacks on the homes in that area are widely varied. He stated that regarding the concern about an obstructed view, there are currently a lot of trees there and they plan to leave many of them in place and the home will be built approximately 60 feet off the street. He stated that they could move the lot line 4 inches to have a conforming lot, but they felt it was a lot of work for 4 inches and felt it was easier to leave it where the original lot line division was located. Commissioner Gault confirmed that the reason for asking for this variance was that Mr. Zehnder was using an existing property description for Parcel A. Mr. Zehnder confirmed that was correct and this was a previously platted lot that had been combined at some point and this is just to return it to that original split. Commissioner Gault stated that it appears as though Mr. Zehnder is asking for the variance to avoid the expense of creating new property descriptions and new surveys. Mr. Zehnder stated that he would not say it is the expense, but just extra work, because everything has already been done. Commissioner Gault stated that the only reason this is here is because of 4 inches. Mr. Zehnder noted that when he purchased the property, they were under the impression that Parcel A was 100 feet wide because that is what is shown on the Hennepin County site. He stated that it was a pretty big surprise when the survey came back and it was 99.65 feet and was told by Planning Director Darling that it would require a variance. Commissioner Riedel stated that in the addition to the cost of surveying, there is also the argument to be made that having parallel lot lines in consistency is desirable. Chair Maddy closed the public input at 7:23 p.m. He gave an overview on how the City regulates housing and lot splits. He explained that the Commission’s hands are kind of tied for saying that they do not want more homes in this neighborhood, because Mr. Zehnder has enough area for two homes per the zoning. DRAFT CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 16, 2021 Page 4 of 9 Commissioner Eggenberger stated that he does not see 4 inches as being enough to recommend denial of the variance request. Eggenberger moved, Gault seconded, recommending approval of the Minor Subdivision and Variance to Lot Width at 24835 Yellowstone Trail, subject to the conditions included in the staff report. Motion passed 4/0. Planning Director Darling that she will discuss the drainage concern that was raised by one of the residents with the City Engineer prior to bringing this to the City Council. B. Variances for Second Driveway and to Front Yard Setback Applicant: Zehnder Homes, Inc. Location: 4990 Shady Island Point Planning Director Darling gave an overview of the request for a variance to allow a new home to be built at 25 feet from the front property line rather than 35 feet and a variance to allow a second driveway where the regulations allow one. She stated that this property is unique in that it has a very narrow roadway that serves as the public street. She stated that the road is about 10 feet wide which is grounds for supporting the second driveway connection. She noted that the homeowner had submitted a letter earlier today that stated that moving the home back would require removal of a large, mature, catalpa tree that they would prefer to save and changing the location would place the home in an area with suspect soils. Staff followed up with the applicant who attested that the ground water is high on the property and is about 5 feet below the surface where they are proposing the new home. She noted that the City’s requirement is that the home has to be a minimum of 4 feet above ground water. Staff found that some of the criteria were met to allow the variance for front yard setback and all criteria were met to allow the second driveway. Staff received two letters of support for the requests from nearby neighbors to the property. Commissioner Eggenberger stated that the proposal is for the home to be further back than the existing home. Planning Director Darling explained that the proposal is for the home to be substantially further back than the existing home. Commissioner Eggenberger confirmed that information plays no part in this issue because they would still need a variance. Planning Director Darling stated that if they had plans to keep the existing footprint of the home then they would not need a variance. She explained that when you tear down an old home and build a new home, it is very hard to keep to the existing footprint. Chair Maddy stated that he thinks the Commission can recognize that their proposal would lessen the non-conformity. th Eric Zehnder, Zehnder Homes,. 10300 10 Avenue N, Plymouth, explained that when he first wrote the variance application, he focused more on the fact that they are making the current situation better which he felt was a strong and compelling argument. He noted that he had lost sight of the fact that they want to save the large catalpa tree. He stated that as they move closer to the lake there is also a concern that it would be even closer to the ground water and noted that they are unsure about those soils because they tested where they would like to put the home, but did not test back further than that. He stated that only about half of the proposed new home would be past the setback and noted that it will be at 25 feet where the existing home is only CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900 www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us PUBLIC MEETING NOTICE PLANNING COMMISSION MEETING Applicant(s): Zehnder Homes Inc For: Public meeting to review a request for a subdivision variance for minimum lot width the property at 24835 Yellowstone Trail Why: The applicant is requesting approval of a variance to allow the subdivision of a parcel into two parcels with one of the new parcels being .35 feet (about four inches) short of the 100- foot lot width minimum. Please see reverse side for a location map of the site. More information on the application can be obtained by calling 952-960-7900 or emailing staff at planning@ci.shorewood.mn.us When: Tuesday, November 16, 2021 at 7:00 p.m. or as soon thereafter as possible Where: Shorewood City Hall Council Chambers, 5755 Country Club Road, Shorewood The agenda and packet will be available on the City’s website on November 12, 2021. Written comments will also be considered at the meeting if received prior to 4:00 p.m. on November 16, 2021. You may submit written comments via U.S. Mail to: Planning Dept. City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Or by email to: planning@ci.shorewood.mn.us Anonymous comments are not accepted as public testimony. 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