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04-25-22 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 25, 2022 7:00 P.M. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Labadie___ Siakel___ Johnson___ Callies___ Gorham___ C. Review and Adopt Agenda Attachments 2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening under a single motion. These items have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff may request that an item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of April 11, 2022 Minutes B. City Council Regular Meeting Minutes of April 11, 2022 Minutes C. Approval of the Verified Claims List Claims List D. Approval of Retail Liquor Licenses Deputy City Clerk Memo Resolution 22-040 E. Approving 2022 Deer Management Dates City Administrator Memo F. Approve SLMPD Agreement with Excelsior for Dock Patrol City Administrator Memo G. Accept Shop Technician Resignation and Authorize Director of Public Works Memo Advertising for the Position H. Accept Public Works Supervisor Resignation Director of Public Works Memo 3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on tonight's agenda, to the attention of the mayor and council. When you are recognized, please use the raise your hand feature. Please identify yourself by your first and last name and your address for the record. After this introduction, please limit your comments to three minutes. No action will be taken by the council on this matter, but the mayor or council could request that staff place this matter on a future agenda. (No Council Action will be taken) CITY COUNCIL REGULAR MEETING AGENDA Page 2 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Presentation of 2021 Audit Finance Director Memo B. Watercraft Operator License Legislation Joe Shneider 6. PARKS A. Report by Commissioner Schmid on April 12, 2022 Draft Minutes Park Commission Meeting B. Award Quote for Freeman Park Fence Improvements Director of Public Works Memo Project Resolution 22-041 7. PLANNING A. Report by Commissioner Eggenberger on April 5, 2022 Minutes Planning Commission Meeting B. Site Plan Amendment Review Planning Director Memo Location: 24275 Smithtown Lane Resolution 22-042 Applicant: Mikan Homes 8. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications for 2022 Mill and Overlay, City Engineer Memo City Project 21-11 Resolution 22-043 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Staff 1. Advanced Construction Notification Signs Director of Public Works Memo 2. Green Steps update Communications and Recycling Coordinator Memo B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, APRIL 11, 2022 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:31 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson (arrived at 6:41 p.m.), Labadie, Siakel, Gorham, and Callies; City Attorney Shepherd; City Administrator Lerud; Planning Director Darling; and Public Works Director Brown. Absent: None B. Review Agenda Siakel moved, Gorham seconded, approving the agenda as presented. Motion passed 4/0. 2. PROCESS TO FILL CITY ADMINISTRATOR VACANCY City Administrator Lerud stated that the Council should discuss how they would like to proceed with an interim appointment of a City Administrator and also how they would like to proceed with filling the position with a regular appointment. He suggested that the Council spend the majority of the time discussing the interim appointment since that is more time sensitive and stated that there is time at the work session on April 25, 2022 if the Council wanted to bring in candidates for interviews. He noted that he had presented information at the dais from the League of Minnesota Cities that included a list of candidates who have offered themselves as interim City Administrators. There was consensus by the Council regarding the importance of an interim City Administrator that would be able to step right in following City Administrator Lerud’s departure. City Administrator Lerud noted that staff has discussed this and there is nobody on staff who would have the time to assume those interim responsibilities. Councilmember Callies stated that even if the City appoints an interim City Administrator she does not want to put filling the regular appointment on hold because the last time that happened the interim City Administrator was at the City for about four years, which she feels is too long. Councilmember Siakel stated that interim City Administrator did a really good job and noted that there was a lot going on in the City at the time. She stated that because of his experience, he was able to work with the public and calm the situation and reiterated that even though it was a long ‘interim’ appointment, he did a great job and she felt it was a beneficial thing for the City. She stated that she wants to make sure that the City has enough time to make sure they hire the right person. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES APRIL 11, 2022 Page 2 of 2 The Council discussed some of the names on the list from the League of Minnesota Cities. They discussed the need to eliminate candidates that live far away, individuals who do have city administrator experience within the metropolitan area, as well the best process for moving this forward. Councilmember Siakel suggested that Mayor Labadie screen some of the potential candidates that have been mentioned with the idea that interviews could be held during the work session on April 25, 2022. She stated that if there more than a few viable candidates she suggested that a portion of the Council could also do a pre-interview process through Zoom so they can narrow the field down before the full Council interviews. Mayor Labadie suggested that by the work session on April 25, 2022 that there be no more than three candidates that interview for the interim city administrator position. She stated that for the regular position her question is whether the Council wants to tackle it themselves or bring in an outside firm to assist in the vetting and hiring process. City Administrator Lerud noted that many cities the size of Shorewood and larger go with an outside firm in this situation. Mayor Labadie asked for an estimate of what an outside firm would cost to provide this service. City Administrator Lerud stated that he expects it would be about $20,000 to $25,000. Councilmember Callies noted that seems high to her because she did not think it would be a national search. Councilmember Siakel suggested that that the City put out a Request for Proposal because there are several firms around that do this type of work. City Administrator Lerud stated that would be the next step and noted that staff could have that back for Council consideration by the April 25, 2022 Council meeting. He stated that then the Council could see what they get back and decide if they want to proceed with a consultant or handle it internally based on what they get back through the RFP process. Councilmember Callies asked if there would be a way to get the RFP distributed sooner than that. City Administrator Lerud stated that he is not planning to reinvent the wheel so if the Council gave him some direction, he and the city attorney could get the RFP sent out and try to have them back for discussion at the May 9, 2022 meeting which would cut a few weeks out of the process timeline. There was consensus of the Council get the RFP sent out so the ball starts rolling on the process to fill the City Administrator position. 3. ADJOURN Johnson moved, Gorham seconded, Adjourning the City Council Work Session Meeting of April 11, 2022, at 6:58 P.M. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 11, 2022 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. The Council recited the Pledge of Allegiance. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, Gorham, and Callies; City Attorney Shepherd; City Administrator Lerud; City Clerk/HR Director Thone; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Callies moved, Siakel seconded, approving the agenda as presented. All in favor, motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Gorham moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes Meeting Minutes of March 14, 2022 B. City Council Regular Meeting Minutes of March 14, 2022 C. City Council Special Meeting Minutes of March 23, 2022 D. Approval of the Verified Claims List E. Authorize Professional Service Agreement with MNSPECT, Adopting RESOLUTION NO. 22-030, “A Resolution Authorizing Execution of a Professional Service Agreement with MNSPECT.” F. Approve Hire of LEO, Public Works G. Notification of the 2022 Open Book Meeting H. Accept City Administrator Resignation CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 11, 2022 Page 2 of 8 I. Accept Proposal for Safety Consultation Services from SafeAssure, Adopting RESOLUTION NO. 22-031, “A Resolution Accepting the Proposal for Safety Consultation Services by SafeAssure Consultants, Inc.” All in favor, motion passed. 3. MATTERS FROM THE FLOOR Alan Yelsey, 26335 Peach Circle expressed his various concerns with the Smithtown Ponds project, access to meetings via Zoom, and the proposed amendments to the sign ordinance. Councilmember Callies noted that she would like to respond to a few things stated by Mr. Yelsey. Mayor Labadie suggested that the response be very limited since this is Matters from the Floor. Councilmember Callies stated that one of things she would like to comment on is in relation to Zoom and Mr. Yelsey’s comment that he was ‘denied’ access. She stated that similar to tonight when there were initially technical difficulties, that situation would apply to everyone and not just Mr. Yelsey. She stated that she also finds it interesting that Mr. Yelsey is concerned about Zoom for City meetings when they were both in attendance at a very large convention this week where there was not Zoom capabilities and he did not seem to have any problem attending that meeting in close proximity with about two-hundred fifty other people. She noted that at tonight’s City Council meeting, there are only two other individuals in the audience besides City staff members and yet Mr. Yelsey appears to be suggesting that the City is violating his rights to attend meetings. She stated that she feels it is audacious of Mr. Yelsey to be bringing that type of claim against the City when he has no qualms about attending other types of meetings. Greg Larson, 25535 Orchard Circle, expressed concern about the lack of analysis, data, cost, engineering firms profiting from the project, and the necessity of the Smithtown Ponds project. He urged the Council to pause this project until an independent body can do a cost-benefit analysis of the project. Councilmember Siakel stated that she would like to comment briefly on this issue. She stated that Bolton and Menk came on board long after this project had begun. She stated that implying that they have a direct benefit or will prosper from this project is false. She noted that the City has had four engineering firms involved in this project in addition to the watershed district and the Army Corps of Engineers. Mr. Larson stated that the watershed district did not look at this project from a cost-benefit analysis point of view, but only from a technical standard that it would not cause water issue problems downstream. Councilmember Siakel explained that she was replying to Mr. Larson’s specific point that implied that Bolton and Menk had a financial interest in this project. She stated that she had corrected Mr. Larson on that point and explained that there have been four engineering firms involved and Bolton and Menk was not the engineering firm of record when this project was started. She stated that Mr. Larson’s statement that they have a vested interest is not accurate. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 11, 2022 Page 3 of 8 Mr. Larson clarified that he is looking for a cost-benefit statement about the project. Mayor Labadie asked that Mr. Larson feel free to contact City Engineer Budde if he has any specific questions about the project. Chris Rotunno, 5525 Howards Point Road, expressed his frustration with the repeated attempts by certain residents to come and counter anything the City is doing. He noted that he appreciated that Councilmembers Callies and Siakel were able to correct some of the incorrect statements that were made tonight by the two individuals who spoke this evening. He stated that allowing these individuals to say the same thing week after week is wasting everyone’s time and requested that they not be continued to allow time on the floor to speak. Mayor Labadie stated that this City Council meeting is a regular business meeting and demonstrations such as holding signs up, clapping, and cheering are inappropriate behavior in this setting because they disrupt the meeting and are an attempt at intimidation. She explained that she would like to respectfully request that people refrain from that type of behavior. Guy Sanschagrin, 27725 Island View Road, shared his agreement with the statements made by Mr. Yelsey and Mr. Larson regarding the Smithtown Ponds project and the wisdom of getting a second opinion on such a large expenditure. He expressed disappointment regarding how the recent appellate court case findings had been communicated and asked that the City work with them to explain what happened in a factual way and everyone can learn from their mistakes. He expressed his willingness to serve on a resident task force in order to review the code and identify areas that lack clarity. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Approve Food Trucks for Tonka Football Events Planning Director Darling explained the request from Tonka Youth Football for a special event permit to have a food truck at Badger Park on Saturdays from August 27, 2022 through October 31, 2022 from 9:30 a.m. to 9:00 p.m. She noted that the food truck would take up about two parking spaces and clean up of the site will be the responsibility of the food trucks and Tonka Youth Football. Staff recommend approval subject to the conditions listed in the staff report. Mayor Labadie noted that the application for this special event permit indicated that they are planning to serve non-alcoholic drinks during the games. Councilmember Callies noted that the resolution language indicates that the applicant is responsible for certain things and asked if the anticipation was that there would be a subsequent agreement that indicates the things noted about indemnity and their agreement to pick up the site. Planning Director Darling stated that they had not been planning to have a separate agreement, but could put one together if that would be the Council’s preference. City Attorney Shepherd stated that the resolution is one sided with just the City adopting it and would recommend the Council add an additional condition that staff will draw up this agreement, as suggested by Councilmember Callies. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 11, 2022 Page 4 of 8 Callies moved, Siakel seconded, Adopting RESOLUTION NO. 22-032, “A Resolution Approving a Food Truck for Minnetonka Youth Football Events, as amended adding a condition regarding drafting an agreement.” All in favor, motion passed. B. Approve Estimate for Christmas Lake Boat Landing Improvements City Engineer Budde explained that the City had been working with the Christmas Lake Homeowners Association on making improvements to the landing area and noted that earlier this year, the City approved relocating the invasive species boat cleaning equipment to create an additional parking stall. He explained that during the project design there was an additional request to add riprap at the bottom of the boat ramp as erosion and soil displacement has occurred in that area. The City received three quotes with the low quote being from Valley Paving out of Shakopee and noted that the goal is to have this work completed by May 6, 2022 just prior to the fishing season opener, but in order to do this the City would have to waive the weight restrictions on a few local roadways. The project was originally funded from the Park Improvements Fund for $20,000, however the riprap improvements were not included in the estimate so the additional scope of riprap now has the project estimated at $66,000. Staff is proposing to reallocate funds from the Freeman Park trail resurfacing project and award the project to Valley Paving as the low bidder. Gorham moved, Johnson seconded, Adopting RESOLUTION NO. 22-033, “A Resolution to Award the Christmas Lake Boat Landing Improvements to the Low Quote, City Project 22- 05.” All in favor, motion passed. C. Accept Bids and Award Contract for Silverwood Park Improvements, City Project 21-05 City Engineer Budde explained that as the City has completed improvements to the Silverwood Park playground, there are additional site improvements that need to occur prior to final installation of the remaining equipment. He stated that the City has received three quotes with the lowest from Blackstone Contractors out of Loretto and noted that it was about $4,000 above the estimate which are due to inflationary and supply chain pressures. He noted that the City had originally budgeted for this project at $265,000 and the overall project cost is currently estimated at $300,200 and explained that the City had received a grant which brings the City cost down to $275,200. Staff recommends awarding the contract to the low quote from Blackstone Contractors. Councilmember Callies asked for details of the grant the City had received. Planning Director Darling stated that the grant was through Hennepin County for youth sports. Councilmember Gorham commended staff for going down every avenue in a way to reconfigure this project and keep costs down. Johnson moved, Callies seconded, Adopting RESOLUTION NO. 22-034, “A Resolution to Award Contract to Low Quote for Silverwood Park Improvements, City Project 21-05.” All in favor, motion passed. 7. PLANNING A. Urban Farm Animals Ordinance Amendments CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 11, 2022 Page 5 of 8 Planning Director Darling stated that last September, the Council adopted standards for urban farm animals but had asked staff to research additional standards that may reduce the negative impacts on neighborhoods. The Planning Commission held a public hearing on the proposed amendments and recommended approval subject to minor grammatical changes and to the setbacks for urban farm bird shelters or enclosures. She gave a brief overview of the proposed amendments recommended for approval by staff and the Planning Commission. Siakel moved, Johnson seconded, Approving Ordinance 587 and Adopting RESOLUTION NO. 22-035, “A Resolution Approving the Publication of Ordinance 587 Regarding City Code Ordinance Amendments Related to Urban Farm Animals.” All in favor, motion passed. 8. ENGINEERING/PUBLIC WORKS A. Stream Restoration Project Location: 26245 Smithtown Road and Freeman Park City Engineer Budde explained that during the design and permitting of the Smithtown Pond project, the Army Corps of Engineers claimed jurisdiction of the adjacent stream channel. He noted that while this claim delayed the permitting process, it may have also created an opportunity for the City. He stated that the Army Corps of Engineers have recently started enforcing a federal law under the Clean Water Act that looks at streams the way they have been looking at wetlands and gave a brief explanation of how wetland bank credits has worked and how streambank credits could work. He stated that staff thinks it may be possible that this project could produce streambank credits but they won’t know until they begin the conversation with the Army Corps of Engineers to see if it may be a good fit. He stated that this would be a long term project for construction and permitting, but staff feels that there is a potential for profit if this goes through. He explained that the City had budgeted $500,000 to begin scoping the project and staff is requesting authorization to progress with steps one and two of the process. Councilmember Gorham stated that he has heard of wetland bank credits but not for streams. He stated that his general understanding is that the credit program is supposed to motivate cities to upgrade their stream bank. He asked if the entities that would want to buy credits from the City would have to be local. City Engineer Budde stated that was the correct understanding of the program and noted that typically they like to stay as close as possible in proximity with the banking credits, but some of those details are yet to be figured out. Councilmember Siakel asked for a brief explanation of the benefits to the community and why they should proceed. City Engineer Budde stated that it would take a stream that is a low quality stream and make it a high quality stream that addresses the ecological aspects, creates a lot of habitat for many different species, and provides an amenity to the City long-term. He stated that there could also be an educational component and have placards along the stream to help teach about stream restoration. He explained that the Army Corps of Engineers would require a conservation easement over the stream channel. Councilmember Callies asked questions about the potential revenue this may create and noted that it was also possible that there would not be a market for this banking. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 11, 2022 Page 6 of 8 City Engineer Budde explained details of the potential revenue and noted that staff is not pushing this idea, but did see it as an opportunity because they want the City to make a good economical decision in this situation. Gorham moved, Johnson seconded, Adopting RESOLUTION NO. 22-036, “A Resolution to Begin Scoping a Stream Restoration Project in Smithtown Ponds and Freeman Park Parcels.” All in favor, motion passed. B. MOU on Stream Restoration Project Location: 26115 Smithtown Lane City Engineer Budde explained that this item is directly related to the previous item regarding scoping a stream restoration project. He explained the location of the stream in reference to the abutting property and their existing garage. He noted that in order to provide maximum flexibility for the City they would potentially need to encroach onto this property in order to pull the stream channel fully onto City property which in addition to preventing the stream from causing any problems to his garage, the City could then protect the stream with a conservation easement. He stated that he had reached out to the property owner who is looking to do some site improvements. He explained that he saw this as an opportunity for the City to ask for a five year temporary construction easement in exchange for completing the Storm Water Management Plan, some of which has already been completed as part of the Smithtown Pond design. Staff recommends approval of the MOU. Johnson moved, Callies seconded, Adopting RESOLUTION NO. 22-037, “A Resolution for a Memo of Understanding with Property Owner of 26115 Smithtown Lane.” Mayor Labadie noted one additional grammatical change necessary in the first ‘whereas’ statement. Johnson amended his motion to include the change, Callies seconded, Adopting RESOLUTION NO. 22-037, “A Resolution for a Memo of Understanding with Property Owner of 26115 Smithtown Lane, as amended.” All in favor, motion passed. C. Lift Station Rehabilitation Bid Award City Engineer Budde stated that at the February 28, 2022 Council meeting, staff presented the final specifications and plans for the Lift Stations #7, #9 and #10 rehabilitation project. He noted that bids were opened on April 5, 2022 with the low bid submitted by R&R Excavating from Hutchinson. He explained that there will need to be some cultural resource monitoring at Lift Station #7 because of the proximity of some culturally sensitive items, including an Indian burial mound. He noted that there is about a $300,000 short fall in what was budgeted for this project and the actual costs. Public Works Director Brown noted that there are adequate funds available in the Sanitary Sewer Fund to make up the difference. Councilmember Gorham asked what the first bids had come in at. Public Works Director Brown stated that they were roughly about 35% over what was estimated. He gave an overview of the bid climate at the moment with the uncertainty of supplies and noted that some vendors are stating that they will only hold prices for one day. He stated that it is a gamble and noted that there are CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 11, 2022 Page 7 of 8 some projects that will not be done because they just cannot get the materials needed. He stated that this type of increase is not unreasonable in this type of bidding climate. Councilmember Gorham stated that to only come in 4% over the estimate, in this climate, is great news. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 22-038, “A Resolution to Award Contract for the Lift Stations 7, 9, and 10 Rehabilitation Project, City Projects 20-12 and 21-08.” All in favor, motion passed. D. Public Works Mutual Aid and Equipment Sharing Agreements Public Works Director Brown gave an overview of the proposed mutual aid and equipment sharing agreements between Public Works agencies. He noted that it is similar to the mutual aid agreements that exist with fire departments across the State and reviewed the advantages and disadvantages of having mutual aid agreements. Staff is recommending approval. Emergency Management Coordinator, Chief Tholen gave an overview of the security fencing situation that arose with the civil unrest in the past when law enforcement agencies were being targeted. He stressed the importance of having the mutual aid agreement in place so they can get the necessary fencing in place within twenty-four hours. He stated that there is a different environment these days where there is the need to work across borders in both law enforcement and public works, so he is in full support of entering into these agreements. Johnson moved, Callies seconded, Adopting RESOLUTION NO. 22-039, “A Resolution Approving the Public Works Mutual Aid Agreement and Equipment Loan Form of Agreement.” All in favor, motion passed. 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Shorewood Licensed Refuse Haulers City Clerk/HR Director Thone noted that there has been a lot going on with the City’s refuse haulers and explained that the City had been receiving a lot of calls, so staff though it would be a good time to provide an update on the City’s licensed refuse haulers. She reviewed the five current licensed haulers: Waste Management; Republic Services; Randy’s Sanitation, A Republic Services Company; Republic Services (former Blackowiak); and Curbside Waste. She noted that all the pertinent information regarding haulers is located on the City’s website if residents have any questions. Other Public Works Director Brown stated they have not forgotten about signage for up and coming roadway projects and will be bringing that to the Council at the next meeting. City Engineer Budde stated that they held the Birch Bluff neighborhood open house meeting last week which was well attended. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 11, 2022 Page 8 of 8 City Administrator Lerud noted that the audit has been completed and will be presented at the next Council meeting. B. Mayor and City Council Councilmember Gorham stated that he felt City Engineer Budde did a great job at the Birch Bluff neighborhood meeting. Councilmember Siakel noted that she will be unable to attend both Council meetings in May because of conflicts with her work. Mayor Labadie stated that she met with Congressman Dean Phillips who meets quarterly with the mayors in his district. She encouraged residents to sign up for My Water Pledge which is a program that helps encourage residents to save water. 11. ADJOURN Gorham moved, Johnson seconded, Adjourning the City Council Regular Meeting of April 11, 2022, at 8:37 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: 2022 Retail Liquor License Renewals Meeting Date: Monday, April 25, 2022 Prepared by: Brenda Pricco, Deputy City Clerk Reviewed by: Sandie Thone, City Clerk/Human Resources Director Attachments: Resolution 22-040 Approving 2022 Liquor License Renewals Policy Consideration: Approval of 2022 Retail Liquor License Renewals: Shorewood City Code Chapter 401, Liquor Regulations provides for consideration of licensing establishments to sell on and off- sale liquor in the city limits. Background: The following establishments are requesting council consideration in renewing their existing liquor licenses which expire on May 31, 2022: 1) Shorewood 2001 L.L.C, 23800 State Highway 7 Off-Sale/3.2% dba Cub Foods Shorewood, MN 55331 2) American Legion 259 24450 Smithtown Road Club On-Sale dba Clarence Clofer Post Shorewood, MN 55331 Sunday 3) Wine & Spirits by JD Inc 5660 County Rd 19 Off-Sale dba MGM Wine & Spirits Shorewood, MN 55331 4) Shorewood Liquor Inc. 23670 State Hwy 7 Off-Sale dba Shorewood Liquor Shorewood, MN 55331 5) NGBS Inc. 19905 State Hwy 7 Off-Sale dba Jim’s Liquor Shorewood, MN 55331 The licensees have submitted all the required documentation, met the insurance liability requirements, submitted the required licensing fees, and met the State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement requirements as well. The licenses are subject to the completion of a successful background investigation. Financial or Budget Considerations: Licensing fees as set forth in the City’s fee schedule for liquor licenses have been collected. Recommendation/Action Requested: Staff respectfully recommends the city council approve liquor license renewals effective June 1, 2022 through May 31, 2023 for the above delineated establishments in the city limits. Motion, second, and simple majority vote required. Connection to Vision /Mission: Consistency in providing the community with quality public services and a variety of attractive amenities. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-040 A RESOLUTION APPROVING 2022 RETAIL LIQUOR LICENSE RENEWALS WHEREAS, Shorewood City Code, Chapter 401 provides that no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit; and WHEREAS, in addition to the requirements set forth by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, Shorewood City Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill insurance coverage requirements and complete a successful background investigation; and WHEREAS, the following applicants successfully completed the application process, satisfying the requirements as delineated above for the issuance of liquor licenses issued for the period of one year, or that portion thereof, from June 1, 2022 to May 31, 2023, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the following licenses issued to the applicants as follows are approved: Applicant Address License_______ Shorewood 2001 L.L.C, 23800 State Highway 7 Off-Sale/3.2% Malt Liquor dba Cub Foods Shorewood, MN 55331 American Legion 259 24450 Smithtown Road Club On-Sale dba Clarence Clofer Post Shorewood, MN 55331 Sunday Sales Wine & Spirits by JD Inc 5660 County Rd 19 Off-Sale dba MGM Wine & Spirits Shorewood, MN 55331 Shorewood Liquor Inc. 23670 State Hwy 7 Off-Sale dba Shorewood Liquor Shorewood, MN 55331 NGBS Inc. 19905 State Hwy 7 Off-Sale dba Jim’s Liquor Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 25th day of April 2022. _______________________________ Jennifer Labadie, Mayor ______________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2E Title/Subject: 2022 Deer Management Program Meeting Date: April 25, 2022 MEETING Prepared by: Greg Lerud, City Administrator TYPE REGULAR Attachments: 2022 Aerial Deer Survey Results from Three Rivers Park District Policy Question: Should the City continue its Deer Management program for 2022 and set dates for hunt weekends? Background: At the December City Council meeting, the council received a summary of the 2021 hunt, during which 19 deer were harvested, which was two less than the previous year. Three River’s Park District conducted an aerial survey earlier this year and the results are in the attachment. The last time the survey was done was 2019, and the count was 94 deer. Staff has discussed this year’s program with representatives of the MBRB and possible dates for this year’s removal efforts. MBRB proposes to continue the number of weekend hunts at three, with no rain dates. MBRB said this is the third year in a row with a similar harvest, and it may be an indication that the program is having the desired effect to reduce the number of deer in the city. The three weekend hunts (Fridays thru Sundays – Friday hunts begin at 1:00 p.m.) are: Oct. 13 – Mandatory hunter orientation Oct. 14 – 16 Oct. 28 – 30 Nov. 11 – 13 No alternative dates for weather are proposed for 2022. Financial or Budget Considerations: The MBRB provides its services free of charge. Staff time and related mailing expenses are minimal. Options: Approve the dates, change the dates, or cancel the removal effort. Recommendation / Action Requested: Based on property owner requests for the management service there remains strong interest in maintaining the program. Staff recommends a motion to approve the 2022 deer management program. Simple majority is required for approval. Next Steps and Timeline: Representatives from MBRB and city staff will work with interested property owners to select the sites best viewed to produce deer, with access agreements sent in August to participating property owners. 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 2F Title/Subject: Approve Agreement between SLMPD and City of Excelsior for Summer Dock and Park Patrol Services Meeting Date: April 25, 2022 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Memo from Chief Tholen and 2022 Excelsior Park and Dock Patrol Proposal Background: Each year, the City of Excelsior enters into an agreement with the SLMPD for dock and park patrol services. The Joint Powers Agreement allows a member community to contract with the SLMPD for additional services provided these services do not use existing SLMPD staff. All costs are the responsibility of the contracting city and the other member cities must approve the agreement. Financial or Budget Considerations: There are no financial considerations. Options: Approve the agreement between Excelsior and the SLMPD; deny approval; or request additional information. Recommendation / Action Requested: Staff recommends the council approve a motion to approve the agreement between Excelsior and the SLMPD for the 2022 summer dock and park patrol services. A simple majority is required for approval. Next Steps and Timeline: Staff will notify the SLMPD and the City of Excelsior of the approval. 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 #5A MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: 2021 Audit Meeting Date: April 25, 2022 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Policy Consideration: Acceptance of the 2021 Annual Comprehensive Financial Report Background: The 2021 financial statements audit was completed by Abdo, and Justin Nilson from the firm will be available to present information from the Annual Comprehensive Financial Report. A link to the financial statements follows. http://www.ci.shorewood.mn.us/audit2021 Options: The City Council can either accept the 2021 Annual Comprehensive Financial Report, or give staff other direction. Recommendation / Action Requested: Staff recommends that the City Council accept the 2021 Annual Comprehensive Financial Report. 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 6A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, APRIL 12, 2022 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Hirner convened the meeting at 7:00 p.m. A. Roll Call Present: Chair Hirner, Commissioners Schmid, and Heinz; Parks and Recreation Director Grout; Planning Director Darling Absent: Commissioners Gallivan and Tauer; Councilmember Callies B. Review Agenda Heinz moved to approve the agenda as written. Schmid seconded the motion. Motion carried 3-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of March 8, 2022 Heinz moved to approve the minutes of the March 8, 2022 meeting as written. Schmid seconded the motion. Motion carried 3-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. Liaisons for Council Meetings April – Commissioner Schmid May – Commissioner Heinz June – Chair Hirner July – To be determined September – Chair Hirner B. Park Commissioner Heinz Park Presentation Commissioner Heinz noted that he has lived in the City for 32 years and gave a brief overview of his professional experience. He shared a brief presentation sharing his views on the City’s Parks and possible future opportunities. He reviewed what he feels the City is and is not, and the demographics of the residents. He reviewed what he considers opportunities and challenges for the City including entry signage; parking; playground equipment; other amenities; picnic shelters; ice rinks; vandalism; ground water/drainage; polices, rules and insurance coverage. He stated that he had suggested the Park and Recreation Director Grout that the Park Commission hold a PARK COMMISSION MINUTES TUESDAY, APRIL 12, 2022 PAGE 2 OF 2 work session to brainstorm and prioritize what they feel is most important and make recommendations to the staff and Council. He stated that as part of his research he spoke with various members of City staff including Public Works and noted that they were all very courteous and had great customer service. He asked that this report be shared with anyone the Commission felt would be appropriate. The Park Commission discussed what should be included and put on the list the next time they take a look at the CIP, grants received for various projects including fence repairs, and seasonal employees. Planning Director Darling noted that Commissioner Heinz had brought up vandalism and explained that the City had been experiencing increasing levels of vandalism in Badger Park and noted that the restrooms are getting hit over and over with things like setting fires in the sinks, and toilet paper pasted to the walls. Commissioner Heinz asked if the City had cameras in place. Planning Director Darling explained that they are looking into the purchase of security cameras Chair Hirner suggested that the City or Park Commission get input from the police chief on the vandalism issue. He asked if he could be invited to a future meeting in order to give the City some suggestions on how to tackle this issue successfully. Planning Director Darling stated that she felt this was a good idea and suggested that it be done in July or August. 5. OLD BUSINESS 6. STAFF AND LIAISON REPORTS / UPDATES A. City Council Planning Director Darling gave an overview of recent Council activities. B. Staff Park and Recreation Director Grout noted that the park tours will begin in May with the meetings beginning at 6:00 p.m. rather than 7:00 p.m. She explained that a notice had been sent out to the sports organizations asking that they not use the fields for two weeks due to the frost and the wet ground conditions. She stated that the Freeman Park Community Garden is full and there are currently just two openings at the South Shore Community Garden. She noted that as soon as weather permits, the fencing will be completed. Chair Hirner asked if Public Works could check on the spigots at Manor Park to ensure that they are functional. 7. ADJOURN Schmid moved to adjourn the Park Commission Meeting of April 12, 2022 at 7:52 p.m. Heinz seconded the motion. Motion carried 3-0. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-041 A RESOLUTION TO AWARD CONTRACT TO LOW QUOTE FOR FREEMAN PARK FENCE IMPROVEMENTS WHEREAS, pursuant to the request for quotes for the Freeman Park Fence Improvements, quotes were received on April 19, 2022, with the following quote received: Contractor Total Quote FENC-CO $32,450.00 WHEREAS, Fenc-Co, Inc. is the lowest responsible bidder; and WHEREAS, Fenc-Co, Inc. is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorized and directed to enter into a contract with Fenc-Co, Inc. based on the lowest quote amount for the Freeman Park Fence Improvements project according to the plans and specifications on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25 day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, APRIL 5, 2022 7:00 P.M. DRAFT MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Riedel, Huskins and Holker; Planning Director Darling; Planning Technician Jason Carlson; and Council Liaison Siakel Absent: None 1. APPROVAL OF AGENDA Commissioner Eggenberger suggested that agenda items 4 and 5 be reversed because the public hearing item may get lengthy. Eggenberger moved, Riedel seconded, approving the agenda for April 5, 2022, as amended by reversing items 4 and 5. Motion passed 5/0. 2. APPROVAL OF MINUTES  March 1, 2022 Chair Maddy noted that the minutes denoted that the meeting was held in Council Chambers; however the meeting was held virtually. Riedel moved, Holker seconded, approving the Planning Commission Meeting Minutes of March 1, 2022, as amended. Motion passed 5/0. 3. MATTERS FROM THE FLOOR - NONE 4. NEW BUSINESS A. Site Plan Amendment Review for Commercial Building Modification Applicant: Mikan Homes Location: 24275 Smithtown Road Planning Director Darling stated that the applicant proposed to remodel the building and site to accommodate their office and storage needs. She noted that the City does not do many of this type of review and gave a brief explanation of what is involved in a Site Plan Review. She explained that the applicant is proposing to re-side and re-roof the building. They will convert the car repair area on the south side of the building to a storage area and interior parking and the north side will become the office and conference room areas. She noted that they have plans to remove much of the bituminous in the front of the building but leave enough for two parking spaces. The applicant has proposed to remove much of the gravel storage area in the back but reserve enough space for 5 additional parking spaces plus maneuvering area so they can still get CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 5, 2022 Page 2 of 6 the trailers and vehicles inside the building in the back. She stated that they are proposing 5 parking spaces in the back, 2 in the front and 2 inside the building which is more than what code requires. She stated that staff recommends approval with a few conditions as noted in the staff report. She explained that Site Plan Reviews do not require notification for the adjacent property owners or a public hearing, but the Commission could take public testimony. Commissioner Eggenberger asked if they will need a sign permit in order to place their sign on the building. Planning Director Darling stated that this was correct. Chair Maddy stated that it appears that the curb cut driveway onto County Road 19 is split between the two buildings and asked if there was an easement where they both have access to the full width. Planning Director Darling stated that she will defer that answer to the applicant. Commissioner Riedel stated that the existing building was legally non-conforming and asked if this proposal would reduce the non-conformity. Planning Director Darling stated that the building position would stay the same. She explained that the non-conformity is just a small amount of the northwest corner of the building plus the entire east side of the building because it is set too close to the east property line. Chair Maddy noted that they are improving the impervious surface because they are substantially reducing it. Commissioner Holker asked where the access would be to the two indoor parking spaces. Planning Director Darling explained that would be around the back and noted that is where the old repair shop space was located. Commissioner Huskins confirmed that the Commission was not here to make any comments related to ADA requirements. Planning Director Darling explained that is not really a land use decision as the ADA regulations are required by the building code and they have to conform to them as part of their building permit review. She stated that the applicant has done considerable research on the topic and the Commission can ask questions about them if they like. Ryan Jones, 6105 Seamans Drive, applicant, stated that related to the easement on the side of the property for the parking, their property line goes up to the side of the computer store. He explained that there is an existing gate that attaches to the back side of their property which is ample width for their trucks to pull down that side. He stated that there was an engineer recommendation on the labeled gravel portion on the front side of the building because right now, the parking spots protrude past where the curb cut is located. He stated that the plan is just to tilt the entrance into the front and pull those parking spots all the way so they are protected by the curb that is there. He stated that there are 4 tall bays on the back side of the building and they will be getting rid of two of them to allow for some pallet racks so they can store building materials. He noted that they will be reducing the impervious surface amount from about 88% to 60% and explained that their goal is to decrease the runoff outside of their property and increase the aesthetic from the front side of the building. He stated that related to ADA comments, the parking CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 5, 2022 Page 3 of 6 spot closest to the back side of the building is the ADA parking. He noted that they have standard swing doors and they are proposing to have a wheelchair lift in the back that would bring any client that may need it up to the office level. Commissioner Huskins stated that he was just curious as to why it was in the rear of the building rather than the front. Mr. Jones explained that it is because of the way the building is situated because when you walk in the front, there are about three steps down to the landing. Commissioner Holker asked if there would be any vehicles in the building overnight. Mr. Jones stated that they were not planning to. He noted that the vehicles are their personal vehicles which are driven around regularly. He stated that there will be steadily 3 people at the office, but they are usually not in the office all at the same time and expects there will only be 1 or 2 people at the office at one time. Commissioner Riedel asked about the gravel area because that will be reduced quite a bit and asked if the usage would be changing. Mr. Jones stated that it will probably will not change outside if they don’t plan to store trailers and boats back there. He noted that he thinks there was some concern about run off of the impervious surfaces that were coming down into the park and into the City’s property. He stated that they thought there was kind of a middle ground where they could remove some of the material, but still get 4 parking spots and the trailer back up area. Commissioner Riedel asked if they would ever be pulling an excavator in that space. Mr. Jones stated that outside of getting the work done, they do not own one so he would not see the need to bring one in there. He stated that the material that they would maybe bring in would be things like doors and windows that they would load into the storage area until they were needed for a specific job. Chair Maddy asked about the curb cut off of 19 and asked if Mr. Jones would have access to the full curb cut. Mr. Jones stated that something happened when the survey was done and it looks like the curb cut is further towards the north. He explained the actual location of the curb cut and stated that there was plenty of space to pull in and out on 19. Chair Maddy stated that in one of the renderings there was an American flag flying but there is no pin spot in their electrical lighting plan for the flag and asked if they intended to fly a flag and if they would be putting in a spotlight. Mr. Jones stated that was a drawing that their architect had done and believes that he was trying to ‘pretty things up’ for them. Commissioner Huskins asked about timing for this project if it is approved. Mr. Jones stated that their biggest hurdle to overcome is getting the windows ordered and would guess that it will be about 5 or 6 months if they can get their materials. He noted that he expects that they will be able to get the interior portion of the remodel started right away. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 5, 2022 Page 4 of 6 Chair Maddy opened this item for public comment at 7:22 p.m., being there were no comments, he closed the public comment portion of the meeting. Eggenberger moved, Huskins seconded, recommending approval of the Site Plan Amendment Review at 24275 Smithtown Road, with the staff recommendations. Motion passed 5/0. Planning Director Darling noted that this will go before the City Council on April 25, 2022. 5. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – City Code Amendments for Campaign and Non- Commercial Speech Sign Amendment Discussion Applicant: City of Shorewood Location: City-Wide Chair Maddy confirmed that the City had only received one item of correspondence for this matter. Planning Director Darling stated that she had only received one. She explained that this is a proposed code amendment to amend regulations pertaining to campaign and non-commercial speech signs. She stated that the amendments are proposed to make the language clearer and more enforceable, consistent with State statute, move the City closer to content neutral language, and protect City against challenges based on content specific signage language. She gave an overview of some of the proposed ordinance amendments. She stated that the City received one letter from Mr. Alan Yelsey, 26335 Peach Circle that had been distributed to the Commission prior to the meeting and will be included as part of the public record for the meeting. Chair Maddy suggested that the Commission go over the two concerns that had been raised in the correspondence. He stated that one of the concerns regarding being allowed to post anything they want during non-election season which he believes is covered in another section. Planning Director Darling explained that currently, the zoning ordinance does not allow you to post signage in any number, anywhere you may want. She stated that you are allowed to post some signs on your property and noted that the language right now in the code is content specific so they are proposing to add a substitution clause so for any allowed sign, you may substitute a non-commercial speech on that sign and have it in the same locations that would otherwise be allowed. She noted that most signs have a 5-foot setback from front property lines and a 5 foot setback from side property lines. Commissioner Riedel confirmed that the substitution clause only applies to signs on your own property and not within easements. He stated that he believes the intent is for these amendments to serve as a bridge and the intent is to revisit this ordinance following the election season. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 5, 2022 Page 5 of 6 Planning Director Darling stated that they could not look at revisions for the entire sign code in time for the election campaign season, so they are proposing targeted amendments specifically for campaign and election signage. The Commission discussed details of the substitution clause, right-of-way, setbacks, what portions of the Code are intended to be revisited and suggested some additional language changes to make things clearer. Commissioner Eggenberger noted under General Provisions #11 it appears to exempt flags but sometimes what is on a sign is also what is seen on a flag. He asked what ‘political unit’ meant. Planning Director Darling stated that she would take that to mean a County, City, or a district. Commissioner Eggenberger asked what is meant by the term ‘integral signs’. Planning Director Darling explained that she was not sure what that term meant when this was written and noted that this is a paragraph that will take some amendment when the code is rewritten. Commissioner Eggenberger stated that he was just trying to make sure they understood because he feels people will try to get around it. Chair Maddy noted that he had just checked the dictionary and it stated, ‘necessary to make a whole, complete, essentially, or fundamental’. Commissioner Riedel stated that he would read it as a sign that is in one piece and not presented in several pieces. Planning Director Darling noted that she found a definition for it within the zoning regulations which is, ‘a sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets, and the like when carved into stone, concrete or similar material, or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure.’ Commissioner Holker clarified that this is a portion of the Code that they are planning to revisit post-election period. Huskins moved, Holker seconded, recommending approval of the Draft Text Amendments for Campaign Signs and Non-Commercial Speech Signs with the amendment under General Provisions C, #6 to explicitly state the exceptions. Motion passed 5/0. 6. OLD BUSINESS – NONE 7. REPORTS • Council Meeting Report Council Liaison Siakel noted that due to spring break, the Council did not meet last week and gave an update on the discussions and actions taken at the March 14, 2022 City Council meeting. • Draft Next Meeting Agenda CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 5, 2022 Page 6 of 6 Chair Maddy noted that he will not be in attendance at next month’s Planning Commission meeting. Planning Director Darling stated that there is an application for a rezoning, PUD and preliminary plat for 9 units on the east side of Lake Como, just north of Radisson Road, but noted that she wasn’t sure if that would be ready in time for the May meeting. She stated that she will keep the Commission informed because they may end up cancelling the next meeting. • Liaison to Council for June, July, and August June – Commissioner Riedel July – Commissioner Holker August – Chair Maddy 8. ADJOURNMENT Riedel moved, Huskins seconded, adjourning the Planning Commission Meeting of April 5, 2022, at 7:56 P.M. Motion passed 5/0. #7B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Site Plan Amendment Location: 24275 Smithtown Road Applicant: Mikan Custom Homes Meeting Date: April 25, 2022 Prepared by: Marie Darling, Planning Director Review Deadline: June 17, 2022 Attachments: Revised plans Planning Memorandum from the April 5, 2022 Meeting Engineer’s Memo Resolution Background: See attached planning memorandum for detailed background on this request. At the April 5, 2022 meeting, the Planning Commission voted unanimously to recommend approval of application, subject to the conditions listed in the staff report. The applicants were present at the meeting and spoke in favor of the application. No one from the public requested to speak. The Planning Commission’s recommended conditions have been incorporated into the attached resolution. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the site plan review. Proposed motion: Move to adopt the attached resolution approving a site plan amendment to remodel the building at 24275 Smithtown Road for Mikan Custom Homes Properties, LLC, based on the findings and conditions in the attached resolution. Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicants could submit a building permit application for the improvements. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2022 Cases\\24275 Smithtown Mikkan Homes\\CAF Memo.docx MEMORANDUM Date:3/16/2022 To:Marie Darling, Planning Director From:Matt Bauman, PE Subject:24275 Smithtown Road City of Shorewood Project No.: 0C1.123603 The following documents were submitted for review of compliancCity Codeand Engineering Standards: Plan Set dated 2/17/2022 This review only included the documents listed above, primarily dealing with grading, and code requirements. 1.Add a legend to the proposed site plan to clearly define what is being installed. Some grade elevations should be included as well. 2.The front two parking spots stick into the drive aisle. Shift/straightenthe front sidewalkso the parking can be fully protected by the island area from the highway. 3.The entire drive/parking area shall be bordered by curb and gutter. Definethe curb and gutter style. a.As noted before, the curb will need to have a dump point to the south. We suggest this be at the corner of the backup trailersparking area located at the Dof Subdivision. b.A surmountable curb for the remaining area may be best for snow removal. H:\\SHWD\\0C1123603\\1_Corres\\C_To Others\\Plan Review\\2022-03-16_24275 Smithtown Road_Site Plan Amendment Review 2.docx RESOLUTION 2022-042 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A SITE PLAN AMENDMENT FOR PROPERTY LOCATED AT 24275 SMITHTOWN ROAD WHEREAS, Mikan Custom Homes, (the “Applicant”) proposes to alter the building to accommodate their offices and a storage area for their business, on property legally described as: That part of Lot 27, Auditor’s Subdivision No. 133, described as follows: Commencing at the center line of Smithtown Road 415.00 feet easterly from the northerly extension of the westerly line of Lot 27; thence easterly along said centerline 80.00 feet; thence southerly parallel with westerly line of Lot 27 distance 264.00 feet; thence westerly parallel with said centerline 80.00 feet; thence northerly to the point of beginning excluding Road, Hennepin County, Minnesota according to the recorded plat thereof. WHEREAS, the Applicant has applied for a site plan amendment for various improvements as shown on the plans submitted November 10 and 11, 2021, December 9, 2021; and February 17, 2022; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the April 5, 2022 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on April 5, 2022 to review the application, the minutes of the meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on April 25, 2022, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the C-1 zoning district, which allows offices as a permitted use. 2. The subject property is subject to Chapter 1201.03 Subd. 17 of the zoning regulations, which requires review of site alterations to be reviewed by the Planning Commission and approved by the City Council. 3. The subject property is subject to Chapter 1201.03 Subd. 5 of the zoning regulations, which requires 7 parking spaces for the use.. 4. The Applicant’s proposal is identified on the application materials and plans submitted on submitted November 10 and 11, 2021, December 9, 2021; and February 17, 2022. CONCLUSIONS A. The City Council specifically finds that the Applicant’s request for a site plan amendment to alter the site, including revising the parking areas and reducing impervious surface coverage is consistent with the standards listed in the zoning regulations, subject to the conditions listed herein. B. The plans approved for building permits shall be a formal agreement between the City and the applicant and no modifications shall be made to any plan detail without prior approval. C. Prior to beginning any construction at the property, the applicant shall acquire all necessary permits in conformance with city code and the Engineer’s memo dated March 16, 2022. Prior to issuance of a building permit, the applicant shall submit the following information: 1. A copy of a permit from the MCWD if the disturbed area exceeds 5,000 square feet. 2. A revised site plan identifying where each curb type is proposed. D. The new parking spaces shall be identified with white or yellow paint lines. E. The existing freestanding sign shall be removed prior to certificate of occupancy for the building. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA th this 25 day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-043 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZE BIDDING FOR THE 2022 MILL & OVERLAY PROJECT CITY PROJECT 21-11 WHEREAS, the City of Shorewood approved the 2022 Capital Improvement Plan which includes the 2022 Mill & Overlay project, City Project 21-11; and WHEREAS, the proposed improvements will help to maintain and extend the longevity of the roadway infrastructure; and WHEREAS, the project will be funded through a combination of Street Bonds, Water Funds, Sanitary Funds, and the Stormwater Fund; NOW THEREFORE, IT RESOLVED: that the City Council of the City of Shorewood hereby approves the Final Plans & Specifications and authorizes bidding for the 2022 Mill & Overlay project. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25 day of April 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title / Subject: GreenStep Cities 10A.2 Meeting Date: Monday, April 25, 2022 MEETING TYPE Prepared by: Julie Moore, Communications and Recycling Coordinator Regular Reviewed by: Sandie Thone, City Clerk/Human Resources Director Meeting Minnesota GreenStep Cities is a voluntary challenge and recognition program to help cities achieve their sustainability and quality-of-life goals. This continuous improvement program is based upon a menu of 29 optional best practices. These voluntary actions are tailored to all Minnesota cities and focus on cost savings and energy use reduction. The challenge is now a five-step challenge, moving up from the three steps when Shorewood originally started achieving steps. Currently, Shorewood has achieved two steps on the GreenStep challenge. The city has achieved some tasks toward the achievement of Step #3. Many of the remaining tasks consist of policy changes within the city, such as requiring green purchasing policies and having one of our current commissions have a sustainability function. Other remaining tasks will likely be achieved as we update our building codes. Council direction is requested on whether staff should continue toward achieving step #3. The attached document has requirements that the city would be required to achieve to move to Step #3. Shorewood is a Category B city. Requirements are in yellow. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1