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05-09-22 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 9, 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 25, 2022 Minutes B. City Council Regular Meeting Minutes of April 25, 2022 Minutes C. Approval of the Verified Claims List Claims List D. Authorize Equipment Purchase, One Pickup Truck Director of Public Works E. Approval of Amendment to Excelsior Woods Development Agreement Planning Director Location: 20325 Excelsior Blvd Resolution 22-044 Applicant: Red Granite Construction F. Approval Extension of Approvals for Car Wash Rehab Planning Technician Memo Location: 24245 Smithtown Road Resolution 22-045 Applicant: Reprise Design G. Approve Contract with Interim City Administrator City Clerk/HR Director Memo H. Approve Advertisement for Public Works Director of Public Works Memo Lead Supervisor CITY COUNCIL REGULAR MEETING AGENDA Page 2 I. Approve Revised Right of Entry Agreement for Mary Lake Outlet, City Engineer Memo City Project 19-09 Resolution 22-046 Resolution 22-xxx 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) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Photo Contest City Clerk/HR Director Memo 6. PARKS 7. PLANNING A. Zoning Text Amendment Planning Director Memo Campaign and Non-Commercial Speech Signs Ordinance 588 Summary Publication Resolution 22-047 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for the Smithtown Pond/ City Engineer Memo Shorewood Oaks Drainage Project, City Projects 20-07, 20-04 Resolution 22-048 B. Strawberry Lane Final Design Direction, City Engineer Memo City Project 19-05 Resolution 22-049 9. GENERAL/NEW BUSINESS A. Approve City Administrator Search Firm Proposal City Clerk/HR Director Memo Resolution 22-050 10. STAFF AND COUNCIL REPORTS A. Staff 1. First Quarter 2022 General Fund Budget Report Finance Director Memo 2. First Quarter 2022 Investments Report Finance Director 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 25, 2022 5:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 5:02 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Labadie, Siakel, Gorham, and Callies; City Administrator Lerud B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Motion passed 5/0. 2. INTERIM CITY ADMINISTRATOR INTERVIEWS Mayor Labadie explained that there were two candidates who have been called forward for interviews with the Council, the first interview will be conducted with Shirley Slater Schulte. Councilmember Callies disclosed that in the past, she had a personal and professional relationship with Ms. Schulte and some of her family members but had not had contact with her for about ten years. Mayor Labadie asked if Councilmember Callies felt that this past relationship would hinder her judgement regarding this decision. Councilmember Callies stated that she did not think it would make her impartial or hinder her judgement in a decision regarding the interim City Administration position. The Council discussed the format details of the interview and determined that City Administrator Lerud would ask the initial questions, with Council asking follow-up questions, if desired. Councilmember Siakel stated that it should also be known that these two candidates were selected and screened by Mayor Labadie. Mayor Labadie explained that she had been given a list of individuals interested in interim City Administrator positions by the League of Minnesota Cities. She stated that she contacted numerous candidates and then she selected two individuals to proceed with the full interview process with the Council. City Administrator Lerud and the Council asked a series of questions of Ms. Schulte. Ms. Schulte answered questions and shared a bit of information on her background and experience, including how she has handled difficult situations with residents and her familiarity with joint powers agreements. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES APRIL 25, 2022 Page 2 of 2 Mayor Labadie recessed the Work Session at 5:40 p.m. and reconvened at 5:48 p.m. City Administrator Lerud and the Council asked a series of questions of Edward Shukle, Jr. Mr. Shukle answered the questions and shared information on his background and experience, including how he has handled difficult situations in the various cities he has worked. The Council discussed their thoughts and opinions regarding the two candidates who interviewed for the Interim City Administrator position. Following discussion, there was consensus to offer the Interim City Administrator position to Mr. Shukle and if an agreement cannot be reached with Mr. Shukle to offer the position to Ms. Schulte. 3. ADJOURN Johnson moved, Gorham seconded, Adjourning the City Council Work Session Meeting of April 25, 2022, at 6:37 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 25, 2022 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 Johnson, Siakel, Gorham, and Callies; City Attorney Shepherd; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde C. Review Agenda Johnson moved, Callies 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 Meeting Minutes of April 11, 2022 B. City Council Regular Meeting Minutes of April 11, 2022 C. Approval of the Verified Claims List D. Approval of Retail Liquor Licenses, Adopting RESOLUTION NO. 22-040, “A Resolution Approving 2022 Retail Liquor License Renewals.” E. Approving 2022 Deer Management Dates F. Approve SLMPD Agreement with Excelsior for Dock Patrol G. Accept Shop Technician Resignation and Authorize Advertising for the Position H. Accept Public Works Supervisor Resignation All in favor, motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 25, 2022 Page 2 of 7 3. MATTERS FROM THE FLOOR Tom Lesser, 26245 Birch Bluff Road, explained that he was here to talk about the Birch Bluff reconstruction project and thanked the City for the information session that was held on April 6, 2022 and for the outreach by City Engineer Budde. He shared the reasons the felt the neighborhood has a unique, ‘up-north-like’ feel is because of all their big old trees. He stated that they are not opposed to the street rehabilitation project because they understand the benefits to the watermain, fire hydrants, and storm water remediation, however they are opposed to widening the street to 26 feet, adding a sidewalk and removing over four hundred trees. He noted that ‘standards’ make sense in a new development but he feels they do not make sense just to shoe horn those standards into an old neighborhood where there is not a problem to begin with. He explained that they do not want Birch Bluff to become Smithtown Road. He stated that the residents of Glen Road had raised many of the same concerns and were able to have a 22 foot wide street built and reiterated that he did not feel a 26 foot wide roadway was needed in the area and will just encourage faster driving. He stated that they are asking the City to approve a narrower road, remove fewer trees and preserve the character of the neighborhood. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Presentation of 2021 Audit Justin Nelson, Abdo, gave a brief overview of the 2021 Audit results. He noted that the City received a clean, unmodified opinion with no internal control findings. He reviewed the General Fund balance; revenues and expenditures; Capital Project Funds; Governmental Debt Service Funs; Enterprise Funds; Cash and Investments by Fund Type; and Key Performance Indicators. Councilmember Siakel commended Finance Director Rigdon for doing what she feels has been an A+ job since he has joined the City. She stated that she just wanted to ensure that his great work was recognized. Siakel moved, Gorham seconded, Accepting the 2021 Audit and Report, as presented. Motion passed 4-0-1 (Johnson abstained) B. Watercraft Operator License Legislation Joe Schneider, 21125 Christmas Lane, stated that he and Mr. Jabbor are here to tonight representing two of five organizations that have banded together to try to achieve a much safer boating environment. He explained that there is a bill working its way through the legislative process that would establish a mandatory watercraft operator’s license along with an education program. He stated that all five organizations are invested in protecting the resource for future generations which is why they have partnered together. He stated that safety is a huge issue for Lake Minnetonka but also for all the lakes throughout the State, including Christmas Lake. Gabriel Jabbor, 985 Onkawa Road, Orono, noted that he feels people spend more time worrying about what they home and boats look like than they do on safety or the environment. He stated that all five of the organizations that have banded together on this issue have interest in the preservation of the resource in common. He gave examples of changes that have been CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 25, 2022 Page 3 of 7 happening to the resource with things like blue algae. He noted that there has not been one person who has testified against this bill and has already passed through various committees. He stated that they are proud of this effort and ask that the Council give support, if it is ever needed. He explained that they just wanted to give the City the courtesy of keeping them informed about what they are working towards. He noted that they are also extremely committed to continuing research on AIS. He encouraged anyone who had questions to contact either himself or Mr. Schneider. Councilmember Callies stated that she really appreciated this report because she found it very interesting and was not aware of the proposed legislation. 6. PARKS A. Report by Commissioner Schmid on April 12, 2022 Park Commission Meeting Mayor Labadie explained that Park Commissioner Schmid was unable to attend the meeting but noted that she had dropped off a brief report with the Council prior to the meeting. She explained that if anyone would like to see the report they can drop by City Hall tomorrow but noted that the contents of the report will be made part of the record. B. Award Quote for Freeman Park Fence Improvements Project Public Works Director Brown gave an overview on the fence heaving issue that has been happening in Ballfield 3 at Freeman Park. He explained that staff has talked to a number of contractors including a soils consultant about this issue. He stated that the contractor they are recommending did the work at Bennett Field who had installed that type fencing because they had some of the same issues. He stated that the City had solicited bids from three contractors, but only received a response from one. He noted that the bid came in above the estimate, but the City received a grant from the Minnesota Twins for $10,000 and the Minnesota Baseball and Softball Associations will also donate $1,000 each which brings the cost closer to the original budgeted amount. Gorham moved, Johnson seconded, Adopting RESOLUTION NO. 22-041, “A Resolution to Award Contract to Low Quote for Freeman Park Fence Improvements.” All in favor, motion passed. 7. PLANNING A. Report by Commissioner Eggenberger on April 5, 2022 Planning Commission Meeting Planning Commissioner Eggenberger gave a brief overview on discussions and actions taken at the April 5, 2022 Planning Commission meeting. Councilmember Gorham commended the Planning Commission for their in depth questions and their probing commentary. B. Site Plan Amendment Review Location: 24275 Smithtown Lane CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 25, 2022 Page 4 of 7 Applicant: Mikan Homes Planning Director Darling explained that this is an application to allowing building and site modifications to accommodate the offices for Mikan Homes. She reviewed the actions proposed by the applicant and noted that the Planning Commission recommended approval with a few conditions as noted in the packet. She explained that Site Plan review does not require notification of adjacent property owners or a public hearing. Councilmember Siakel stated that she thinks this proposal will be an improvement over what is currently there. She stated that the applicant did a good job of answering the questions at the Planning Commission meeting. Councilmember Gorham noted that the flags depicted in the drawings are just a graphic and there will not be flags flying in front of the building. Siakel moved, Gorham seconded, Adopting RESOLUTION NO. 22-042, “A Resolution Approving a Site Plan Amendment for Property Located at 24275 Smithtown Road.” All in favor, motion passed. 8. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications for 2022 Mill and Overlay, City Project 21-11 City Engineer Budde explained that the City has identified some streets in their 2022 Mill and Overlay project in order to maintain and extend the longevity of the existing roadway infrastructure throughout the City. The streets included are: Silver Lake Trail; Sierra Circle; Christmas Lake Road; Christmas Lake Lane (East and West); Murry Street; Murray Court; Galpin Lane; and the remaining block of Covington Road that was not done last year because of the watermain repairs. He stated that they had investigated the possibility of including curb and trail improvements on Covington Road, however it would add an additional $200,000 so staff has recommended just completing a mill and overlay to stay within the CIP budget. He noted that the estimate is over what it had originally been so the recommendation is to bid Murray Street and Murray Court as an alternate, because they have the best pavement rating of the streets currently included in the project area, and could potentially be extended out a bit further, if needed. He stated that the City is trying to get State bond funding for Galpin Lane sidewalk improvements and are hopeful that they will get an answer by the end of May. He explained some of the possible approaches of the City if they are successful in their funding endeavors. Staff recommends approval with Galpin Lane as Alternate A and Murray Street/Murray Court as Alternate B. Councilmember Gorham asked if the City does not do Murray Street and Murray Court this year if the plan be to do a full reconstruction in a few years. City Engineer Budde explained that it would still stay as a mill and overlay project, but could be combined with a 2023 street reconstruction project or it could be delayed a few years and included with future mill and overlay projects. Councilmember Gorham stated that City Engineer Budde had stated that they were the highest rated of the streets included and asked how many good years they had left in them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 25, 2022 Page 5 of 7 City Engineer Budde stated that would be subjective and stated that he believes they were rated at a 6 on a scale of 1-10. He noted that the City has received a fair number of complaints from residents that it is starting to deteriorate, however, staff feels, if they need to, they can get a few more years life out of it with some patching and other minor repair work by Public Works. Councilmember Gorham stated that Galpin Lane is in poor shape and asked if he understood correctly that if they received bonding for that area, the idea would be to wait for that funding to come in before the work is done. City Engineer Budde stated that it would be a Council decision, but he had envisioned that if there were State bonding dollars dedicated for it, the City could move forward with final design for the full street reconstruction including adding in the sidewalks. He stated that he would estimate it would take at least two years to get to construction because there is some robust permitting that will be required because of the wetlands. Mayor Labadie stated that she likes the proposal of having the main bid and the two alternates as options because she thinks it makes things very clear to residents and the Council. Callies moved, Labadie seconded, Adopting RESOLUTION NO. 22-043, “A Resolution Approving Plans and Specifications and Authorize Bidding for the 2022 Mill and Overlay Project, City Project 21-11.” All in favor, motion passed. 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Advanced Construction Notification Signs Public Works Director Brown stated that the City has been working on various methods in order to strengthen communication methodology for the CIPs. He stated that Council and staff has heard too many times that residents were unaware that projects were happening even though they lived in the neighborhood. He stated that staff is proposing the installation of signage on key termini points of the projects. He reviewed the proposed sign that would state that construction was planned for the roadway and gives people the option to reference the City’s website or call City Hall if they had questions. He noted that if the Council supports this, the first installation of the signs would be on the Strawberry Lane and Birch Bluff road projects. He gave an overview of the proposed timeline for when the signage would be posted. Councilmember Johnson asked if the signs had already been manufactured. Public Works Director Brown stated that the signs had not been manufactured. Councilmember Johnson suggested actually including City Hall’s phone number on the sign and not simply telling people to contact City Hall. Councilmember Gorham stated that he was going to make that same suggestion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 25, 2022 Page 6 of 7 Councilmember Siakel noted that the Strawberry Lane project had already been approved and questioned whether the signs needed to be put up in that location. Public Works Director Brown stated that it is always surprising that even with all the discussion and information that has been distributed, there always seems to be someone that comes in at the ninth hour that says they had no idea that the project was going to happen. Councilmember Callies stated that there are also people who move in and out who may be unaware. Councilmember Johnson stated that he feels the more the City can enforce the idea that the project is coming will be a positive thing. Public Works Director Brown stated that City Engineer Budde just suggested the possibility of including a QR code on the sign. City Engineer Budde explained that when this has been used elsewhere, it has allowed him to simply take a picture on his phone when he was driving by without the need to stop and take down the phone number. The Council had consensus that including a QR code on the construction notification signs would be a great idea. 2. Green Steps Update Mayor Labadie noted that the Green Steps document was included in the packet and noted that Communications and Recycling Coordinator Moore was not able to present the information at tonight’s meeting. She suggested Moore come to a future meeting and present this information to the Council. Other Public Works Director Brown stated that spring weight restrictions are still on and noted that Public Works has begun sweeping streets on the east side of town, however the sweeper is having to go to the shop so there will be a minor delay it that work continuing. He stated that when the sweeping is done, their crews will come behind and flush the watermains and encouraged residents to check the City website and social media for details of those plans. Councilmember Johnson asked why the City always starts on the east side and moves to the west with this work. Public Works Director Brown explained that traditionally, there was more curb and gutter on the east side. The street sweeper is one of the heaviest vehicles the City owns, so when roadways are soft, it has the potential to do damage, which means running it down a roadway with edge control where it is supported does far less damage than if it were on a rural roadway without curb and gutter. He stated that this approach may change over time because there are more roadways on the west side of the City that have more curb and gutter. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 25, 2022 Page 7 of 7 Councilmember Callies asked about the lift station on Radisson Road. She stated that it is not on the list for planned repair, but she noticed that there was a lot of work that has happened recently and asked for an update. Public Works Director Brown explained that at least once a year they go through and pump down and clean and wash out the lift stations. He stated that when this was done at the Radisson Road lift station, the crew noted that there were some parts that had deteriorated which meant they needed to conduct some emergency repairs to replace some piping. He expressed his appreciation to his crew for their work this past weekend with the wind storms. City Engineer Budde stated that the City will open bids tomorrow on the Smithtown Ponds and Shorewood Oaks project. He stated that they expect to add the rock in at the end of the Christmas Lake boat landing later this week. City Administrator Lerud noted that this will be his last meeting with the City. He expressed his appreciation to the current and former Council for their support over the last five years. Mayor Labadie expressed her appreciation for the work City Administrator Lerud has done in the City with such a high level of competence and professionalism. She stated that he will be leaving the City better than it was when he arrived and thanked him for his service to the City. B. Mayor and City Council Councilmember Gorham thanked City Administrator Lerud for his work for the City and expressed his appreciation to Mayor Labadie for bringing in two strong interim City Administrator candidates. Mayor Labadie encouraged residents to sign up for the water pledge before the end of the month as part of the Wyland National Mayor’s Challenge for water conservation. She stated that they can sign up at www.mywaterpledge.com. 11. ADJOURN Johnson moved, Gorham seconded, Adjourning the City Council Regular Meeting of April 25, 2022, at 8:08 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk #2E MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Approval ofAmendment to the Excelsior Woods Development Agreement Applicant: Red Granite Construction Location: 20325 Excelsior Blvd Meeting Date: May 9, 2022 Prepared by: Marie Darling, Planning Director Attachments: Amended Development Agreement Resolution Background: The City requested that the developer provide a larger watermain pipe than originally approved (8-inch instead of 6-inch) and the developer agreed. The price difference between the mains would be paid by the city, up to the amount collected by the watermain connection fees. The attached amendment to the development agreement acknowledges the change and eliminates the need to collect any cash for the watermain connection fees due to the total cost of installing the watermain. Public Testimony: All required public testimony was previously taken during the preliminary and final plat review. No notices are sent for this type of request. Financial or Budget Considerations: The cost of the pipe upgrade is $8,950. It will be a higher capacity pipe to allow for future extensions. Recommendation / Action Requested: Staff recommends approval of the request for a development agreement amendment to acknowledge the reduction in fees for Excelsior Woods on property located at 20325 Excelsior Boulevard. Action on this request requires a simple majority. Next Steps and Timelines: Should the City Council approve this request, the developer would need to satisfy all conditions of approval as specified in the final plat resolution and development agreement prior to beginning work on the site. 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\\Excelsior Woods\\Development Agreement\\amended to reduce fees\\CAF Memo 10 12 2021.docx CITY OF SHOREWOOD FIRST AMENDMENT TO DEVELOPMENT AGREEMENT EXCELSIOR WOODS THIS FIRST AMENDMENT to the Development Agreement, Excelsior Woods, dated October 12, 2021 (the “First Amendment”) is made and entered into this ___ day of _______, 2022, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, (the “City”), and RED GRANITE CONSTRUCTION, LLC, a Minnesota limited liability company, (the “Developer”) setting forth the amended rights and obligations of the parties relating to the Excelsior Woods subdivision (the “Project”). RECITALS 1. The Developer has an interest in certain lands legally described as; Lot 37, Auditor’s Subdivision No. 141, Hennepin County, Minnesota; and 2. The City and Developer entered into that Development Agreement, Excelsior Woods, dated October 12, 2021, recorded March 3, 2022, as Document No. 11089526 (“Development Agreement”), which provided, in relevant part, that the Developer would pay municipal water connection charges. 3. The Developer and City desire to amend the Development Agreement to amend the terms to reduce fees related to the installation of a larger watermain and propose to amend Paragraph 30 as indicated below; and 4. The Developer and City agree that all other provisions in the Development Agreement shall be unchanged and remain in effect. NOW, THEREFORE, IT IS MUTUALLY AGREED, in consideration of the promises and considerations of each party set forth herein, as follows: 1. Incorporation. The above Recitals are a material part of this First Amendment and are incorporated herein. 2. Amendment of Section 30. Section 30 of the Development Agreement is hereby amended as follows with strikethrough representing deletions and underlines representing additions: 30. Municipal Water Charges. Pursuant to City Code, a $10,000 municipal water connection charge is required to be paid for each lot, prior to the release of the final plat. The City shall credit the Developer the cost of extending water mains from the outside boundary of the Property to the front property line of each lot. In no event shall credit to the Developer exceed the water connection charges paid. The Developer’s engineer has submitted cost estimates indicating that the cost of the watermain for this subdivision will be underover $40,000. As a result, the watermain connection fee shall be $8,950zero ($0). 3. Reaffirmation of Development Agreement, Excelsior Woods. Except as herein above stated, all other terms and provisions of the Development Agreement not expressly modified herein shall remain in full force and effect and are hereby reaffirmed in all respects. 4. Notices. Any notices required or permitted to be developed under this First Amendment shall be as provided in Section 32 of the Development Agreement. 5. Recording. This First Amendment shall run with the land and may be recorded against the title to the Property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property and/or has obtained consents to this Agreement, the form attached hereto, from all parties who have an interest in the Property; there are no unrecorded interests in the Property; and that the Developer will indemnify and hold harmless the City for any breach of the foregoing covenants. 6. Governing Law. This First Amendment shall be governed by and interpreted in accordance with the laws of the State of Minnesota. 7. No Assignment. This First Amendment shall inure to the benefit of and bind the parties hereto but shall not be assigned and/or bind their respective successors and assigns. 8. Counterparts. This First Amendment may be executed in counterparts or with counterpart signature pages. *** Signature Pages to Follow *** IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. RED GRANITE CONSTRUCTION, LLC. CITY OF SHOREWOOD By: By: Its: Mayor Its: ATTEST: By: Its: City Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ___day of ___________, 2022, before me, a Notary Public within and for said County, personally appeared Jennifer Labadie and Sandie Thone to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ____ day of ______________, 2022, before me, a Notary Public within and for said County, personally appeared _______________________, the ___________________ of Red Granite Construction, LLC, a Minnesota limited liability company, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as the free act and deed of said limited liability company. Notary Public Prepared by: Shorewood Planning Dept. Shorewood City Offices 5755 Country Club Road Shorewood, MN 55331 S:\\Planning\\Planning Files\\Applications\\2021 Cases\\Excelsior Woods\\Development Agreement\\amended to reduce fees\\Amendment.doc MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing First Amendment to Development Agreement, agrees that the development contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this ______ day of _______________, 2022. _________________________________________ By: ______________________________________ Its: ______________________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2022, by ______________________________________________. ________________________________________ NOTARY PUBLIC RESOLUTION 22-044 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR EXCELSIOR WOODS LOCATED AT 20325 EXCELSIOR BOULEVARD WHEREAS, in 2021, the City of Shorewood approved a final plat and Development Agreement for Excelsior Woods (the “Project”), located at 20325 Excelsior Boulevard, on property legally described as: Lot 37, Auditor’s Subdivision No. 141, Hennepin County, Minnesota; and WHEREAS, the Project is subject to a Development Agreement (the “Agreement”), dated October 12, 2021 which outlines required setbacks for the Project; and WHEREAS, Red Granite Construction, LLC., (the “Applicant”), has agreed to install an eight-inch watermain where a six-inch watermain was previously approved and to amend the fees required by the Agreement based on the higher cost of installing the larger watermain. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood has approved a First Amendment to Development Agreement, as follows: 1. The amendment to the Development Agreement (Exhibit A) eliminates the cash payment for water connection fees as the work to install the mains would exceed the watermain connection fees and is hereby approved. 2. Prior to the issuance of any permits for homes, the Applicant must record the First Amendment to Development Agreement with the Hennepin County Recorder. 3. This Resolution authorizes the Mayor and City Clerk to execute the First Amendment to Development Agreement. th Adopted by the City Council of the City of Shorewood this 9 day of May, 2022. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk #2 F MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Approval of Extension for Conditional Use Permit, Variance and Site Plan Amendment Applicant: Reprise Design Location: 24245 Smithtown Road Meeting Date: May 9, 2022 Prepared by: Jason Carlson, Planning Technician Attachments: Resolution 2021-057 (Original Approval) Resolution Background: Reprise Design has submitted their request for an extension for a conditional use permit, variance, and site plan amendment for an additional one year (to May 24, 2023). The applicant has told staff that they have had delays with the supply chain securing all the necessary materials in the original one-year timeframe specified in the approving resolution. Public Testimony: All required public testimony was previously taken during the preliminary review. No notices are sent for this type of request. Financial or Budget Considerations: The extension has no impact on the budget. Recommendation / Action Requested: Staff recommends approval of the request for an extension to a conditional use permit, variance, and site plan amendment on property located at 4245 Smithtown Road. Action on this request requires a simple majority. Next Steps and Timelines: Should the City Council approve this request; the developer would need to satisfy all conditions of approval prior to beginning work on the site. 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\\24245 Smithtown Road Wash and Roll Site Plan Amendment\\Approval of Extension\\CAF Memo 5-24-2022 extension.docx RESOLUTION 2021-057 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT, VARIANCE AND SITE PLAN AMENDMENT FOR PROPERTY LOCATED AT 24245 SMITHTOWN ROAD WHEREAS, Reprise Design, (the “Applicant”) proposes to alter the building to accommodate two automatic wash bays and two manual wash bays within the existing building on property legally described as: That part of Lot 27, Auditor’s Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, lying within a tract of land described as follows: Commencing at the intersection of the center line of Smithtown Road, and the west line of said Lot 27 extended north of said Lot 27; thence south a distance of 165.19 feet; thence Easterly and parallel with the center line of Smithtown Road a distance of 645.0 feet, which is the real point of beginning of the land to be described; thence northerly parallel with the west line of said Lot 27 a distance of 165.19 feet to the center line of the said Smithtown Road; thence Westerly along the center line of the Smithtown Road a distance of 150.0 feet; thence south parallel with the west line of said Lot 27 a distance of 165.19 feet; thence easterly parallel with the center line of said Smithtown Road a distance of 150.00 feet to the real point of beginning of the land described herein. Hennepin County, Minnesota. WHEREAS, the Applicant has applied for a conditional use permit amendment, a variance to the required stacking, and a site plan amendment for various outside improvements as shown on the plans submitted March 23 and 24, 2021; April 8 and 16, 2021; and May 13, 2021; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the May 4, 2021 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on May 4, 2021 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 May 24, 2021, 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 commercial car washes (drive-through, mechanical and self-service) as a conditional use subject to multiple conditions and Chapter 1201.04 Subd. 1. d. of the zoning regulations which requires projects to be reviewed by the Planning Commission and approved by the City Council. 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 10 parking spaces for automatic drive through, serviced car washes, or one space for each employee on the maximum shift, whichever is greater. 4. The applicant has proposed to: 1) mill and overlay the parking lot; 2) add a drop-off area on the west side of the building by widening the sidewalk and altering the grades of the drive- aisle for handicapped accessibility; and 3) add surmountable curb to the south end of the parking area to allow snow storage near the stormwater treatment pond. 5. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations when there are practical difficulties, and the action is the minimum to alleviate the practical difficulties. 6. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 7. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the impact to surrounding properties and to public services. 8. The Applicant’s proposal is identified on the application materials and plans submitted on March 23 and 24, 2021; April 8 and 16, 2021; and May 13, 2021. CONCLUSIONS A. The City Council specifically finds that the Applicant’s request for a conditional use permit amendment to revise two manual car wash bays to two automatic car wash bays is consistent with the standards listed in the zoning regulations, subject to the conditions listed herein. B. The City Council specifically finds that the Applicant’s request for a site plan amendment to alter the site, including revising the entry into the car wash bays is consistent with the standards listed in the zoning regulations, subject to the conditions listed herein. C. The City Council specifically finds that the Applicant’s request for a variance to the required parking to provide one space where the ordinance requires 10, is consistent with the variance standards listed in the zoning regulations and specifically finds that the use of a building to allow two car wash bays to be used for an automatic car wash is a reasonable use not completely considered within the existing parking regulations and that the application has shown practical difficulties in complying with the regulations due to the size of the site and the type of car wash proposed, is not likely to impact essential character of the locality and is the minimum action necessary to alleviate practical difficulties, subject to the conditions listed herein. D. Prior to beginning any construction at the property, the applicant shall acquire all necessary permits subject to conformance with city code, the Engineer’s memo dated April 30, 2021, the Fire Marshall’s memo dated May 3, 2021 and the following: 1. Prior to issuance of a building permit for the project, the applicant shall alter the plans/submit the following information, as follows: a. Amend the lighting plan to include full-cut off fixtures and a conforming number of lumens per square foot of impervious surface coverage. b. Submit an executed development agreement and the related financial guarantees. c. Provide plans to connect to connect to public water and pay the connection fee. E. The doors must be closed while the wash and dry operations in the automatic bays are in operation. F. The site shall remain striped as shown on the plan submitted May 13, 2021. G. No stacking for the car wash shall occur in the public right-of-way. Should the City document stacking occurring in the public right-of-way, the applicant is required to close the westerly access to the site. H. The site shall remain in conformance with Chapters 1201.03 Subds. i. (glare), m (noise), n (refuse), and v. (lighting). I. The business hours shall be limited from 6:00 a.m. to midnight seven days a week. J. The approvals shall expire in one year if the applicant has not completed or utilized the conditional use permit amendment, unless an extension is requested in conformance with Chapter 1201.04 Subd. 3. c. of the zoning regulations. K. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 24th day of May, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk RESOLUTION 22-045 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN EXTENSION FOR A CONDITIONAL USE PERMIT, VARIANCE AND SITE PLAN AMENDEMENT APPROVAL FOR PROPERTY AT 24245 SMITHTOWN ROAD WHEREAS, the City of Shorewood approved a request on May 24, 2021 from Reprise Design, (the “Applicant”) to alter the building to accommodate two automatic wash bays and two manual wash bays within the existing building on property legally described as: Lot 27, Auditor’s Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota; WHEREAS, Resolution 2021-057 included a condition that the approvals would expire in one year if the applicant has not completed or utilized the conditional use permit amendment, unless an extension has been approved; and WHEREAS, one year period expires on May 24, 2022, unless an extension is requested and approved subject to Chapter 1201.04 Subd. 3 c; and WHEREAS, the Applicant has outstanding conditions of approval that they have yet to satisfy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the approval deadline to renovate the Tonka Bay Car Wash is hereby extended, subject to the following conditions: 1. The applicant has until May 24, 2023, to complete their proposed improvements related to the car wash rehab approved on May 24, 2022. 2. All other conditions listed in Resolution 2021-057 shall remain in effect. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of May 2022. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk 2G MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Approving Contract with Interim City Administrator Meeting Date: Monday, May 9, 2022 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Jared Shepherd, City Attorney Background: The city council accepted City Administrator Greg Lerud’s resignation effective May 6, 2022, at its regular meeting on April 11, 2022. The city council and Administrator Lerud interviewed Interim City Administrator candidates at its Work Session on April 25, 2022. Two candidates from a list provided by the League of MN Cities of individuals interested in Interim City Administrator opportunities were selected for interviews as follows: Ms. Shirley Slater Schulte Mr. Edward Shukle, Jr. The city council and administrator conducted the interviews by asking the two candidates a series of questions. Council discussed both candidates and there was consensus to offer the Interim City Administrator position to Mr. Shukle. City Attorney Shepherd has worked with Mr. Shukle to provide the attached Interim City Administrator Agreement for approval with Mr. Shukle beginning his interim position on Monday, May 9, 2022. Mr. Shukle will be working a schedule consisting of 20 hours per week; two full days a week on Mondays and Thursdays and a half day on Tuesdays, which will include attending all city council meetings and work sessions. Financial Considerations: The Interim City Administrator Agreement states in consideration for the performance of his duties, Shukle will be paid the rate of $90.00 per hour. Action Requested: Staff respectfully recommends the city council approve the Interim City Administrator Agreement as presented and drawn up by City Attorney Shepherd and agreed to by Mr. Shukle. 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 INTERIM CITY ADMINISTRATOR AGREEMENT THIS INTERIM CITY ADMINISTRATOR AGREEMENT (“Agreement”) entered into this ____ day of ________________, 2022, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation (“City”) and EDWARD J. SHUKLE, JR. (“Interim Administrator”). RECITALS WHEREAS, City wishes to retain the services of an Interim City Administrator (“Interim City Administrator”) to perform the general duties of the City Administrator, as the duties may be determined by the City Council from time to time, for the time-limited, temporary interim period; and WHEREAS, the Interim Administrator has indicated that he is qualified and willing to accept and perform the job responsibilities as Interim City Administrator subject to the terms of this Interim City Administrator Agreement. NOW, THEREFORE, for good and valuable mutual consideration, and with the intent of being legally bound, City and Interim Administrator agree as follows: 1. AGREEMENT. Upon the terms and conditions set forth in this Agreement, City hereby contracts with the Interim Administrator to perform the duties of Interim City Administrator. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on May 2, 2022, and extend for a period of six (6) months (“Agreement Term”), or until the appointment and commencement of employment of a permanent City Administrator, whichever occurs first. The Agreement Term may be extended upon mutual agreement of the parties. 3. DUTIES. For purposes of this Agreement, it is understood and agreed between the parties that the Interim Administrator shall provide oversight and management of city operations and support to the Mayor and City Council as described in the City Administrator job description and such other legally permissible and proper duties and functions as City shall from time-to- time assign. It is understood that the position of Interim Administrator requires attendance at evening meetings and other meetings as deemed appropriate. 4. SCHEDULE. The Interim Administrator will attend all City Council meetings and work sessions during weeks that they occur. The Interim Administrator will schedule himself to be at work in Shorewood at times necessary to fulfill the job responsibilities at his discretion, in consultation with the Mayor and City Council. Travel to and from work will not be counted as time worked, however, travel within the Shorewood community in connection with the job duties shall be billed as time worked. 1 221540v9 5. COMPENSATION/BENEFITS. In consideration of his performance of the duties required of him by this Agreement, the Interim Administrator will be compensated at the rate of Ninety and no/100ths ($90.00) Dollars per hour. The City shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or fringe benefits to the Interim Administrator except as stipulated in the paragraph above. Therefore, by way of example and without limitation, the Interim Administrator shall not be eligible for group insurance benefits, paid holidays, vacation, sick leave, severance, or City retirement benefits. As a consultant, the Interim Administrator’s compensation will not be subject to deductions for PERA. As a consultant, the position of Interim City Administrator shall not be eligible for cash overtime or compensatory time in lieu of overtime. The Interim Administrator will be paid mileage at the City’s current mileage reimbursement rate for automobile travel expenses necessarily incurred in the performance of City business. 6. TERMINATION. City and the Interim Administrator acknowledge and agree that the position of Interim City Administrator is a consulting position of a temporary nature. Neither the Interim Administrator nor City is bound to continue the relationship if either chooses, at its will, to end the relationship at any time, with or without cause. Neither party shall be entitled to any type of hearing to appeal or challenge the determination of the other party to terminate the relationship. Interim Administrator is an independent contractor, and Interim Administrator, shall not be deemed for any reason to be an employee of the City. City shall be required to give the Interim Administrator not less than fourteen (14) days advance notice of termination of employment. The Interim Administrator shall provide to City fourteen (14) days advance written notice of his intent to voluntarily terminate his relationship with City, unless City agrees to a lesser amount of notice time. 7. INDEMNIFICATION. The City shall defend and indemnify the Interim Administrator pursuant to Minn. Stat. § 466.07 and § 465.76. In addition, the City shall defend, hold harmless, and indemnify Interim Administrator from all torts; civil damages, penalties, and fines; violation of statutes, laws, rules, and ordinances, provided the Interim Administrator was acting in the performance of the duties of the position. 8. GENERAL PROVISIONS: a. Notices. All notices, requests and demands given to or made pursuant to this Employment Agreement shall be in writing and personally delivered or mailed, postage prepaid, as follows: To the City: Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 2 221540v9 To the Interim Administrator: Edward J. Shukle, Jr. _________________________ _____________, MN ______ b. Complete Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements between the parties. This Agreement can only be modified by written agreement of both parties. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. If the parties disagree upon the interpretation of this Agreement, and cannot resolve their differences in good faith, the parties agree to request non-binding mediation from the Minnesota Bureau of Mediation Services. Each party will be responsible for its own attorneys’ fees, and the parties will split equally any other mediation fees. c. Legality. The parties covenant and agree that the provisions contained herein are reasonable and are not known or believed to be in violation of any federal or state law or regulation. In the event a court of competent jurisdiction finds any provision contained herein to be illegal or unenforceable, such court may modify such provision to make it valid and enforceable. Such modification shall not affect the remainder of this Agreement which shall continue at all times to be valid and enforceable. No payment may be made under this Agreement in excess of the maximum amount permitted by applicable law. IN WITNESS WHEREOF, the parties hereto have caused this Interim City Administrator Employment Agreement to be executed the day and year first above written. CITY OF SHOREWOOD By _______________________________ Jennifer Labadie, Its Mayor By _______________________________ Sandie Thone, Its City Clerk INTERIM ADMINISTRATOR ____________________________________ Edward J. Shukle, Jr. 3 221540v9 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-046 A RESOLUTION APPROVING A REVISED AGREEMENT FOR THE MARY LAKE OUTLET PROJECT CITY PROJECT 19-09 WHEREAS, the city has previously approved a negotiated agreement with the resident at 23950 Elder Turn, in exchange for a permanent drainage & utility easement, and WHEREAS, during construction the resident requested portions of the negotiated work not be completed in exchange for monetary compensation, which is valued at $10,351; and WHEREAS, the city required additional encroachment into the driveway to complete the project and is valued at $2,894; and WHEREAS, the city will provide a total monetary compensation of $13,245; and NOW THEREFORE, BE IT RESOLVED: by the City Council of the City of Shorewood hereby approve the revised agreement with the property owner at 23950 Elder Turn th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9 day of May 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 5A MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Fall and Winter Photo Contest Winners Meeting Date: Monday, May 9, 2022 Prepared by: Sandie Thone, City Clerk/HR Director Attachments: Power Point Presentation On November 16, 2017 the city rolled out its first photo contest and over 4 years later we have just completed our ninth bi-annual Community Photo Contest. The goal of the latest contest was for participants to submit photos that show off the joy of living in Shorewood in the Fall and Winter months. The contest entrants submitted photos in the following four categories:  Fall Delights  Winter Wonder  People and Pets (and Food?)  Wildlife Winners in each category will have their photos framed and displayed at City Hall or the Shorewood Community & Event Center and will each receive a framed print. Submissions were received from the first day of Fall 2021 and due by the last day of Winter 2022. We had a less than robust response to the contest last Spring and Summer and included those photos as well in the contest. Winners have been notified. Thank you to all the participants! The winners of the Fall/Winter 2021/2022 photo contest are as follows: Fall Delights Category: Photo: Fishing on Christmas Lake Submitted by Bob Wallace Winter Wonder Category: Photo: Sunset Submitted by Catherine Turner People and Pets (and Food?) Category: Photo: Ice Cream Submitted by Louise Tvedt Wildlife Category: Photo: Natural Camouflage Submitted by Al Whitaker No Action Needed: For informational purposes only. 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 7A MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: CAMPAIGN AND NON-COMMERCIAL SPEECH SIGNS Meeting Date: May 9, 2022 Prepared By: Marie Darling, Planning Director Attachments: Planning Commission Memo from May 3, 2022 Correspondence Received Ordinance 588 Resolution for Summary Publication Background: See the attached Planning Commission reports for more information. Last year, the Planning Commission reviewed various proposals for clarifying the city’s rules on campaign signs so they would be easier to explain to candidates and enforce. In February of 2022, the City Council referred this item to the Planning Commission to review potential amendments and hold a public hearing on the topic. What do the additional changes do? The amendments that are proposed are small, targeted changes related to the existing campaign signage. The changes to code are proposed to:  Rename the campaign signs as non-commercial speech signs to align with state statute and recent supreme court decisions  Reduce the setback from the street for this type of signage  Add a substitution clause to conform with recent supreme court decisions This is accomplished by adding new definitions and removing the definition of campaign signs, clearly defining the timeframe when election-related temporary signage may be posted, adding the substitution clause which would allow non-commercial speech to be substituted for other allowed sign messages and correct code references, terms or grammar. The City Attorney has reviewed the amendments and his recommendations were also incorporated. Summary of Public Notice and Testimony: Notice of the public hearing was published in both official newspapers at least 10 days prior to the public hearing at the 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. Planning Commission meeting. Several letters were received (attached) and one resident spoke at the meeting. The most common issues raised are summarized below. Preserve the right to place signs in yards. Several of the letters mentioned concerns that the City doesn’t take away residents’ rights to put a sign up in their yard advertising an event or expressing an opinion. Staff responded that the right to place the signs in their yards are more firmly permitted with the adoption of the substitution clause than they are under the current ordinance. Educate on the new rules. An author raised a question about how the rules would be explained to the residents. Staff responded that information would be provided to each candidate that files for election and would include an article in the Shore Report for information to the residents. Enforcement. An author asked how enforcement would occur. Staff responded that each election season staff does get complaints regarding election signs. Staff investigate each complaint and if violations are present, the staff has one of two avenues for enforcement: 1) if the sign is improperly installed in the right-of-way or public property, we remove the sign; or 2) if the sign is improperly installed on private property, we send a compliance letter and require the property owner to correct the violation. Financial or Budget Considerations: Outside of publication, there is no additional impact to the budget related to this ordinance amendment. Recommended Action: Staff and the Planning Commission recommends approval of the ordinance amendments. Proposed Motions: Motion to approve Ordinance 588 amending Chapter 1201 (Zoning Regulations) related to campaign and non-commercial speech signs. Motion to approve a resolution for summary publication of the ordinance. Action on the ordinance requires a simple majority vote and action on the summary publication requires a super majority vote (4/5). Next Steps and Timeline: If the ordinance is adopted, staff would publish the ordinance. Staff includes a summary of the sign regulations to candidates and would also summarize of the new regulations in an upcoming Shore Report for residents. 2 MEETING TYPE Worksession City of Shorewood Council Meeting Item Title/Subject: Potential Amendments to City Code Chapter 1201.03 Regarding Rules for Campaign and Other Related Signage Meeting Date: February 2, 2022 Prepared By: Marie Darling, Planning Director Attachments: Draft ordinance amendments At the January 24, 2022 meeting, the City Council directed staff to provide a review of any necessary changes to the zoning ordinance related to election signage. The Council’s stated goal was to have any changes to the ordinance completed prior to the election season. Below staff have prepared a summary of the current statute language, current city regulations, and staff recommendations on what is needed to improve the regulations. State Statute: Minnesota State Statute 211B.045 has specific language regarding noncommercial speech signs during state election years. During the defined time-period above, no City may limit the number or size of campaign signs. Shorewood Code Language: In an attempt to comply with State Statute, Shorewood’s current sign regulations (Section 1201.03 Subd. 11. b. (1) (d) of City Code) related to the above include the following: Page 2 Improvements Proposed: 1. Remove the defined term “campaign sign” from the code and replace with noncommercial speech sign (with a new definition). Campaign sign is a term that regulates content, which is no longer allowed in sign regulations. Noncommercial speech sign is viewed as a content neutral label and is consistent with Supreme Court precedent. 2. Use the same time period for all elections consistent with state statute, 46 days prior to primaries until 10 days after the election. 3. Remove the fee for removal of signs as it would be difficult to determine who would need to be charged and staff typically does not try to assess the cost of removing the signs. 4. Keep the distance requirement from the edge of the street to protect the use of the street and adjacent boulevard for drivers and pedestrians. 5. Add a substitution clause to allow any noncommercial speech to be substituted for other noncommercial speech signs or commercial signs. This would allow noncommercial speech signs in lieu of other allowed signs outside of the election time period defined in statute. Staff provided some optional draft language on the issues outlined above. Next Steps The amendments that were previously in front of the City Council at their July 26, 2021 meeting, were continued indefinitely. To reconsider any amendments, a new public hearing would need to be held at the Planning Commission. To be in place prior to the next election, the city would need to have the ordinance approved and published prior to May 1, 2022 to avoid any conflicts with the current language in the code that indicates signs are permitted 100 days prior to any election. As the City Council considers sign regulations, it is important to note that due to the United States Supreme Court’s ruling in Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015), a city may not restrict expression based on its content (e.g., distinguishing between garage sale signs, wedding signs, campaign signs), but still may regulate signs on a reasonable time, place, and manner restrictions. Following Reed, cities have regulated the following:  Rules regulating the size of signs.  Rules regulating the locations in which signs may be placed.  Rules distinguishing between lighted and unlighted signs.  Rules distinguishing between signs with fixed messages and electronic signs with messages that change.  Rules that distinguish between the placement of signs on private and public property.  Rules distinguishing between the placement of signs on commercial and residential property.  Rules distinguishing between on-premises and off-premises signs.  Rules restricting the total number of signs allowed per mile of roadway.  Special rules for government signs. Page 3 Direction: Staff requests direction on the following: 1. Does the City Council find amendments to the regulations are warranted at this time? 2. Are the amendments shown adequate or would the City Council find other amendments to the sign code are needed at this time as well? CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 14, 2022 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING (Held via interactive technology/videoconferencing) Mayor Labadie called the meeting to order at 6:01 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, Gorham, and Callies; City Attorney Shepherd; City Administrator Lerud; Planning Director Darling; and Director of Public Works Brown; Absent: None B. Review Agenda Siakel moved, Gorham seconded, approving the agenda as presented. Roll Call Vote: Johnson, Callies, Siakel, Gorham and Labadie voted Aye. Motion passed 5/0. 2. SIGN ORDINANCE Planning Director Darling stated that staff was directed to provide a review of any necessary changes to the Zoning Ordinance related to election signage at the January 24, 2022 meeting. She noted that included in the packet was language from the State statute as well as the Shorewood City Code. She explained that what staff is hoping to accomplish is to strip down the proposal just to the most important issues to minimize any impact that changes to the signage may cause. She stated that staff would like to move the ordinance towards content neutrality and have a clear time period for enforcement of election signage and add a substitution clause to allow more opportunity for non-commercial speech signs outside of the election time period. She reviewed the improvements that staff are proposing as outlined in the staff report. She noted that a new public hearing would need to be held by the Planning Commission before any changes could be adopted. She stated that in order for this to be in place prior to the election, the ordinance would need to be approved and published prior to May 1, 2022. Councilmember Callies stated that she had already spoken with Planning Director Darling regarding some of her questions. She stated that overall, she agrees with what is being proposed and thinks it is helpful to have this meeting prior to the public hearing so the Council can try to winnow down what is being considered by the Planning Commission. She noted that in her opinion, a distance of ten feet from the street surface is too much for many neighborhoods in the City. She stated that she would like to see the City stick with the five foot distance that is located elsewhere in the ordinance for non-commercial speech signs. She stated that she understands why the City wants to have consistency for all types of elections, however, she thinks it is too drastic of a change from the current language. She reviewed the time period between the primary and general election for the school board and noted that 46 days for the other type of public CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES FEBRUARY 14, 2022 Page 2 of 6 elections is not really keeping it the same for the type of elections because the time period between the primary and general election for some, is longer than that time period. She stated that she would like to keep it at one-hundred days as it is in the current ordinance. She asked where signs like ‘Happy Birthday’ or ‘Black Lives Matter’ would fit into the ordinance and why the City was doing a substitution clause. Planning Director Darling stated that regarding the setback being too large, the City has the ability to alter that particular setback. She stated that she thinks five feet may be too close in some situations and gave the example of situation where there are improved shoulders adjacent to the paved roadway, unless they alter the setback to be from the improved roadway which takes into account shoulders. She stated that regarding the time period for signage being one-hundred days, as long as it is clearly written and can be enforced so it does not allow one-hundred days before every primary and every election, she thinks that would be acceptable. She explained the substitution clause which allows any sign that is allowed in any district to be substituted, so you can substitute out the non-commercial speech message for whatever the allowed message is on the permitted or listed sign. She gave the example of address signage as one that is allowed at two square feet, so most of the ‘Black Lives Matter’ or “Blue Lives Matter’ signs would fit into that square footage allowance, so they would be allowed to have that on the property as a substitute for the address sign. City Attorney Shepherd gave a brief explanation of the substitution clause and noted that it is a mechanism that helps the City address some of the issues that arise in the sign ordinance especially in light of recent case law. He referenced the most recent Supreme Court case of Reed v. Gilbert and noted that what needs to be considered is that there can be no content based regulation but the City can have reasonable time, place, and manner restrictions, such as setback from the road. He stated that there are things in the Code that still need to be worked on to ensure that the City is complying with the content neutrality issue. Councilmember Callies stated that she finds the substitution clause a bit confusing, not because of the way Planning Director Darling has written it, but because it is a confusing principle. She noted that the City could be put at risk if it did not have the ability to substitute this type of sign and understands that it is a good thing to have and feels it is of benefit to citizens. Councilmember Gorham stated that he was also confused by the substitution clause because from reading it, it appeared that you could substitute a campaign sign for a ‘Black Lives Matter’ sign which means it would then be restricted by the timeframe. He stated that it looks like it refers to a different subdivision so you have to do that bit of digging to understand it. He stated that he would like to see the distance be closer, such as five feet. He asked about Section 3, Subd. C.(3) where it states, ‘No portion of any sign shall be located within five feet of any property line, except as permitted in b.(1)(d) of this subdivision.’ He stated that this says five feet, but the subdivision it references says ten feet and noted that he felt this was a strange way to word it. Councilmember Siakel stated that she agreed that there are a lot of situations in the City where ten feet does not make sense. She asked if there could be a distinction between a County roadway versus a side street. She stated that for the most part, five feet, in Shorewood, seems to make sense and would like to see if there would be a way to differentiate between the type of street for five feet versus ten feet. She gave the example of a sign in her yard being back ten feet and explained that it would never be seen. She stated that she agreed with the comment made by Councilmember Callies regarding school board election signs going from one-hundred to forty- six days and understands why the City would want to align that number. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES FEBRUARY 14, 2022 Page 3 of 6 Mayor Labadie stated that she agrees that there are portions of the City where ten feet would make signs not visible. She asked if Public Works Director Brown had any concerns from a Public Works standpoint with a five foot setback versus a ten foot setback. Public Works Director Brown stated that the City could specifying a setback from a corner because that is typically where you get into most site distance issues. He suggested that there be something similar to the landscaping ordinances where there is a site triangle requirement at the intersections. Mayor Labadie stated that she does not want to get to the point where the City is out actively policing signs and has become an enforcer. Councilmember Siakel stated that the City has not done this in the past and noted that she was not sure why this issue has become such a big deal. She stated that she understands updating the ordinance because of some of the things such as the Supreme Court decision, but does not think this should be punitive. She stated that if someone wants to be able to put up a sign in their yard, she feels they should be able to do that. Councilmember Callies asked about the statement made earlier by Planning Director Darling when she talked about distance from the improved roadway versus the street surface. She stated that, to her, that sounds like the same thing. She stated that she believes that there have been complaints in every election so she understands the City has to have something in the Code, but in her opinion, the less said, the better. Mayor Labadie stated that this came about because of complaints during the last election. She explained that she would like this ordinance to get to the point where anyone can understand it clearly. She stated that she feels the current language was not easily understood, which is where Councilmember Callies explanation that ‘less is more’ would be beneficial. Councilmember Siakel asked what the specific complaints were and suggested that perhaps the discussion needed to focus on those specific areas. She stated that if the goal is to simplify it and make it easily understood, she would say that saying something has to be five feet from an ‘improved road surface’ is probably confusing for most people. Public Works Director Brown stated that they did check on some signs based on complaints that were received and explained that all the complaints they received were based on setback concerns. He stated that he thinks road surface is adequate language and is easy for anyone to check. Planning Director Darling stated that during the last election, the City had complaints in two different areas of the City where signs were placed so close to the road and in such number that the callers were frustrated by having an overwhelming amount of signs right up to the street. She explained that in previous years the complaints were, in general, about too much signage and noted that what the City can enforce, is setbacks. Councilmember Johnson stated that he did not see any regulations for overall non-commercial speech signs size. Planning Director Darling explained that during the election period, the City is not allowed to regulate the size of signs or the number of signs. Mayor Labadie suggested that the Council take a look a defining the edge of the road and determine how far back they would like to go. Councilmember Callies stated that based on the discussion, she feels the Council has consensus to have signs be allowed five feet from the edge of pavement. Public Works Director Brown noted CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES FEBRUARY 14, 2022 Page 4 of 6 that the City has three gravel roadways so there may need to be some provision made for those. He stated that if the roadway is unimproved then it would be from the edge of the aggregate surface. Councilmember Callies stated that she believes the Council also had consensus on allowing one-hundred days for other types of elections, such as school board. Councilmember Siakel noted that she sees Mr. Yelsey’s hand raised and stated that this may be a good time to allow public input. Alan Yelsey, 26335 Peach Circle, stated that he agrees with most of the statements made by Councilmember Callies. He stated that he feels the five foot setback and allowing one-hundred days for elections other than the State mandated ones makes sense, although he would prefer a three foot setback. He stated that he does not like the substitution clause and does not feel it is stated clearly. He stated that the Council has not yet addressed the concern that caused many citizens to be unhappy which was what happens to signs outside of the election period. He stated that there is no language that clearly says you can put up any kind of signs that you want, in your lawn, with minimal or no restrictions. He stated that he feels this is free speech and would suggest that there be language that says for non- commercial signs, outside of the election period, here is what you are able to do. He stated that he believes it is illegal for the City to call out holiday signs or illumination of holiday signs and would ask that they be treated as any other non-commercial signage and not to restrict it in any significant way because that is also free speech. He reiterated that the substitution clause as it is, is unfathomable and would encourage the City to create simple language. He stated that he has raised the issue of right-of-way several times and it is still there because the City actually prohibits signs in the right-of-way. He stated that the City allows mailboxes and plantings, but does not allow signs and suggested that language also be corrected and make it clear that people can put up signs in the right-of-way with a setback. He stated that theft has also been an issue with signs and explained that he would love to see a clause that addresses that issue and makes it a misdemeanor in the City. He stated that the City may also want to limit hate speech. Mayor Labadie asked City Attorney Shepherd or Planning Director Darling to address Mr. Yelsey’s comments on right-of-way, hate speech, theft, holiday signs, and the three foot setback. Planning Director Darling explained that, in general, staff would want to preserve the right-of-way for the purpose it was created for, which would be things like drainage projects and allow no private improvements. She noted that mailboxes have to be allowed in order to allow for mail delivery. She stated that improvements in the right-of-way require permits but signs are generally not something the City would issue permits for. Councilmember Callies stated that it appears as though non-commercial speech signs are allowed in the right-of-way as permitted, which seems to address Mr. Yelsey’s concern. Planning Director Darling explained that staff wrote this section to allow them during the election period, but not at any other time. City Attorney Shepherd stated that Council may want to make a distinction between non-commercial speech signs during the election period versus others. Mr. Yelsey stated there is encroachment and right-of-way language included in the Code that says you cannot do what Councilmember Callies just stated can be done. He stated that the language conflicts and is confusing because it says nothing can be put into a right-of-way other than a mailbox and landscaping. He stated that most people do not know how large the right-of- way is on their property from the roadway. City Attorney Shepherd stated that staff can look at other language that is purported to be conflicting with the right-of-way provision in the sign ordinance because the City does not want CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES FEBRUARY 14, 2022 Page 5 of 6 people to be confused about the restrictions or lack thereof. He stated that to address Mr. Yelsey’s comment related to hate speech, that would be considered a content based restriction. He stated that tonight’s discussion certainly addresses the election related provisions of the sign ordinance but as he noted earlier, there are other provisions of the sign ordinance that need amendment. He stated that the substitution clause is sort of a preservation clause that is recommended by the League of Minnesota Cities and preserves the ability of the residents to have non-commercial signs when there is otherwise conflicting regulations in the Code. He explained that he thinks it is important to have in the Code, but noted that staff could take a look at ‘wordsmithing’ it a bit to make it a bit more clear. Mayor Labadie asked about the issue related to theft of signs. City Attorney Shepherd stated that he thinks theft of signs can be prosecuted as any other theft under State law. He stated that theft is not called out in the Code, but does not think it needs to be in order for it to be prosecuted. Public Works Director Brown noted that the City has had incidents of theft that the SLMPD has been involved in and noted that he believes that they were prosecuted as a misdemeanor. Mr. Yelsey explained that he has had many signs stolen and noted that the owner of the sign is often the political party and sometimes it is the property owner. He stated that it would be nice to have a clause in the Code that clearly states it is a misdemeanor just to help preclude people from doing that. Councilmember Siakel noted that most people who are stealing signs are most likely not reading City Code. She stated that it will go back to going to the police department and filing a complaint. Mr. Yelsey explained that many times it is kids doing the stealing and feels their parents need to know that this is a serious crime and not just fun and games like taking a pumpkin at Halloween. Guy Sanschagrin, 27725 Island View Road, stated that he would like to touch on theft and vandalism of signs. He explained that he had many signs stolen and vandalized during the last election. He stated that he feels it is not just the ‘law’ but also what is done to communicate, enforce, and encourage people to follow the law. He stated that he is challenged by complaint based enforcement. He also gave the example of the Birch Bluff area and noted that he did not think any of those properties would be able to have signs on them because the hedges are right along the roadway even with a five foot rule. He stated that he feels Shorewood can do better than it did during the last election. He stated that it should not just be about enforcement and the law but should be about everyone coming together as a community to have a fair and just election. Councilmember Siakel stated that anybody who has run for office has had some situation where a sign has disappeared and does not think that is unique to one candidate or one election. She stated that she would encourage people that want things to change, to start with themselves. Mayor Labadie asked Councilmember Siakel to comment on the comment made regarding hedges in the Birch Bluff area. Councilmember Siakel stated that she feels the comment made by Mr. Sanschagrin is probably accurate, which is one of the reasons that she suggested five feet from the roadway. She explained that ten feet would make it very difficult for anybody on Birch Bluff and many other streets within the City. She noted that Mr. Yelsey brought up some points that probably should be discussed and suggested that the Council divide this topic and just focus on campaign signs tonight and cover the other points at a later time. Councilmember Callies stated that she agreed that there should be two discussions and that tonight can focus on the campaign signs in order for that to be completed prior to the election. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES FEBRUARY 14, 2022 Page 6 of 6 She stated that the Council can then deal with the other items that need to be updated at a later date. Councilmember Gorham stated that the misdemeanor language does not feel to him like it belongs in City Code because it is not within their control of how it is enforced. He suggested that perhaps it is something that is noted in the Shore Report or the newsletter that theft activity is discouraged. Mayor Labadie stated that she also felt a letter in the Sun Sailor and/or on the Shore Report would be a good idea to remind people that vandalism and theft of signs is a punishable offense. She stated that she feels this may be a more appropriate route than modifying the actual Code language. She asked about the timeline for making these changes. Planning Director Darling stated that she feels that there will be enough time to make these changes prior to the election season, if the public hearing is held in April. 3. ADJOURN Siakel moved, Johnson seconded, Adjourning the City Council Work Session Meeting of February 14, 2022, at 6:58 P.M. Roll Call Vote: Siakel, Callies, Johnson, Gorham, and Labadie voted aye. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk Marie Darling From:Marie Darling Sent:Friday, April 22, 2022 9:19 AM To:Kara Widhalm Subject:RE: Question on proposed Shorewood ordinance relating to signs No, they are not subject to the time restrictions for election signage, but they will be subject to the five foot setback from property lines and any other restrictions on the signs that they replace. Marie Darling Planning Director 952-960-7912 mdarling@ci.shorewood.mn.us City of Shorewood 5755 Country Club Road Shorewood, MN 55331 MN Data Practices Notification: Pursuant to MN Data Practices Chapter 13 all government data including email communications is presumed to be public unless there is a specific state statute, federal law, or temporary classification that classifies it otherwise. www.ci.shorewood.mn.us From: Kara Widhalm <ksflook@gmail.com> Sent: Thursday, April 21, 2022 9:19 PM To: Marie Darling <MDarling@ci.shorewood.mn.us> Subject: Re: Question on proposed Shorewood ordinance relating to signs Hello Ms. Darling, Thank you for your reply and the updated information on this amendment. It is very helpful to understand the context of this amendment, including the need to update the ordinance to conform with the supreme court decision. Will non-commercial signs that are unrelated to elections/campaigns still be subject to the timing restrictions listed in (1)(d)(i), which were time periods related to election days? Thank you-- I really appreciate your help. Kara 1 On Thu, Apr 21, 2022 at 9:57 AM Marie Darling <MDarling@ci.shorewood.mn.us> wrote: Sorry for the delay in responding, I didn’t get a copy of your email. The campaign signs amendments are not scheduled to be discussed at the City Council meeting on April 25. They will be back at the Planning Commission on May 3 for public hearing and likely forwarded to the City Council on May 9. This is a small targeted amendment to specifically correct conflicting language within the current campaign sign regulations in Shorewood’s code prior to the next election and to add a substitution clause to conform to a Supreme court decision a few years back. Public, integral and holiday signs are defined in the zoning regulations (1201.02 of City Code). These definitions are not changing, so they aren’t included in the ordinance amendments. The definition of non-commercial speech is purposely broad to allow signs for many types of messages that are not commercial in nature, including high school graduation signs, dance signs, athletic association signs, positions on social issues, etc. Shorewood’s current regulations do not specifically allow for noncommercial speech signs. A decision in a Supreme Court case a few years back requires all cities to allow non-commercial speech signs for any other allowed sign in a zoning district. The City is adding a substitution clause to conform to that ruling and allow anyone to put up a noncommercial speech sign in lieu of any other signs that are already allowed including, but not limited to, “owner occupant signs” or “holiday signs”. Holiday signs are not a proposed addition to the code, they are already specifically allowed. They are signs no greater than 32 square feet that are allowed to be placed for 30 days in recognition of any federal, state or local holiday. A copy of your letter and my response will be forwarded to the Planning Commission and the City Council. Please let me know if you have any other questions. Marie Darling Planning Director 952-960-7912 mdarling@ci.shorewood.mn.us 2 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 MN Data Practices Notification: Pursuant to MN Data Practices Chapter 13 all government data including email communications is presumed to be public unless there is a specific state statute, federal law, or temporary classification that classifies it otherwise. www.ci.shorewood.mn.us From: Kara Widhalm <ksflook@gmail.com> Sent: Wednesday, April 20, 2022 6:59 PM To: Planning <planning@ci.shorewood.mn.us>; Sandie Thone <SThone@ci.shorewood.mn.us> Subject: Fwd: Question on proposed Shorewood ordinance relating to signs Hello, I never received an answer to my email below Thank you, Kara Widhalm ---------- Forwarded message --------- From: Kara Widhalm <ksflook@gmail.com> Date: Fri, Apr 8, 2022, 17:30 3 Subject: Question on proposed Shorewood ordinance relating to signs To: <sthone@ci.shorewood.mn.us> Dear Ms. Thone, I reviewed the redlined ordinance regarding signs that is to be discussed at the April 25 City Council meeting and have a few questions: 1. "Public signs" and "integral signs" are not clearly defined in this ordinance; is there a definition available for these terms? 2. The definition of "noncommercial speech" signs appears to be broad enough to include signs expressing support for an idea, group (e.g. sports team) or individual not running for political office or related to elections. Is this correct? 3. Why would "noncommercial speech" signs that are unrelated to elections be subject to timing restrictions related to election events? 4. What constitutes a "holiday sign"? Thank you for your time and your assistance. Kara Widhalm ---------- Forwarded message --------- From: City of Shorewood <jmoore@ci.shorewood.mn.us> Date: Fri, Apr 8, 2022, 10:00 Subject: Shorewood ordinance relating to signs To: <ksflook@gmail.com> Monday, April 25, 7 p.m. 4 RESOLUTION 22-047 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE PUBLICATION OF ORDINANCE 588 REGARDING CITY CODE ORDINANCE AMENDMENTS RELATED TO CAMPAIGN AND NONCOMMERCIAL SPEECH SIGNS WHEREAS, at a duly called meeting on May 9, 2022, the City Council of the City of Shorewood adopted Ordinance No. 588 entitled “AN ORDINANCE APPROVING AMENDMENTS TO SHOREWOOD CITY CODE CHAPTER 1201 (Zoning Regulations) RELATED TO SIGNS”; and WHEREAS, the City Council adopted a lengthy ordinance amending City Code Chapter 1201 which amends definitions and regulations for campaign and non-commercial speech signs; 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. 588 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 588 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached form. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. th ADOPTED by the Shorewood City Council on this 9 day of May, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-048 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SMITHTOWN POND/SHOREWOOD OAKS DRAINAGE PROJECT CITY PROJECTS 20-07 AND 20-04 WHEREAS, on March 14, 2022, the City of Shorewood (“City”) approved the plans and authorized bidding for Smithtown Pond project (City Project 20-07) and Shorewood Oaks Drainage Improvements (City Project 20-0); and WHEREAS, pursuant to an advertisement for bids for the projects, bids were received on April 26, 2022, opened and tabulated according to law, with the following bids received and complying with the advertisement: Meyer Contracting $1,765,199.51 Park Construction $1,972,074.80 Kusske Construction $1,984,480.40 New Look Contracting $1,991,795.50 Rachel Contracting $2,143,774.90 Veit & Company $2,162,112.81 Schneider Excavating $2,364,723.93 WHEREAS, Meyer Contracting is the lowest responsible bidder and a 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 authorizes and directs the Mayor and City Clerk to enter into a contract with Meyer Contracting based on the lowest bid amount in the name of the City of Shorewood for the Smithtown Pond and Shorewood Oaks Drainage Improvements projects according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9 day of May 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-049 A RESOLUTION TO PROVIDE FINAL DESIGN DIRECTION FOR STRAWBERRY LANE CITY PROJECT 19-05 WHEREAS, the City Council directed staff to negotiate easements with properties on nd the west side of Strawberry Lane near West 62 Street, to accommodate the western alignment option which generally keeps the western edge of the roadway in the same location as the existing condition; and WHEREAS, staff was successful in negotiating an easement with 6270 Strawberry nd Lane and has been unable to connect with the owner to date, at 26420 West 62 Street; and WHEREAS, both roadway alignment options require encroachment into 26420 West nd 62 Street and if the city is unable come to an amicable agreement with the property owner will require the city to utilize eminent domain; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota directs staff to design the western alignment of Strawberry Lane and continue to attempt negotiations with nd the property owner of 26420 West 62 Street until final plans are ready for approval. th Passed by the City Council of Shorewood, Minnesota this 9 day of May 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 9A MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Selection of Executive Search Firm Meeting Date: Monday, May 9, 2022 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Jared Shepherd, City Attorney Attached: Resolution 22-050 Request for Proposal: Executive Search Firm to Assist Hiring City Administrator Background: The city council accepted City Administrator Greg Lerud’s resignation effective May 6, 2022, at its regular meeting on April 11, 2022. The city solicited Request for Proposals for an Executive Search Firm to Assist in Hiring a City Administrator. The city received two proposals from DDA, Human Resources, Inc/ David Drown Associates and Baker Tilly. Each firm was interviewed at the City Council Work Session on May 9, 2022. The firms provided a 15-minute presentation and a brief Q/A session. The following Executive Search Firms were interviewed by the city council: Baker Tilly DDA, Human Resources, Inc/ David Drown Associates The city council will have a discussion regarding the selection of an executive search firm to assist in the city administrator search and put forth one Firm for consideration of approval. The motion will include authorization for the City Attorney to prepare a contract consistent with the terms outlined by the firm in their proposal. Proposals were sent separately to the council and are not included in the public packet. This is pursuant to MN Statute 13.591, which states all other data in a responder’s response, other than their name which becomes public on the due date, is private or not public data until the completion of the evaluation process (completion of the contract negotiation with selected vendor). Financial Considerations: Pursuant to selection and negotiated rate. Action Requested: Staff respectfully recommends the city council approve Resolution 22-050 Selection of Executive Search Firm and Authorize the City Attorney to Prepare a Contract Consistent with the Terms Outlined by the Firm in Their Proposal. 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 RESOLUTION NO. 22-050 CITY OF SHOREWOOD COUNTY OF HENNIPIN STATE OF MINNESOTA A RESOLUTION AUTHORIZING EXECUTION OF AN EXECUTIVE SEARCH FIRM AGREEMENT TO ASSIST IN HIRING A CITY ADMINISTRATOR WHEREAS, the City of Shorewood City Council accepted the resignation of City Administrator Greg Lerud at its regular meeting on April 11, 2022; and WHEREAS, City Administrator Lerud’s last day with the city is May 6, 2022; and WHEREAS, the City sent out a Request for Proposals for an Executive Search Firm to assist in the hiring of a new city administrator and interviewed two firms at its Work Session on May 9, 2022; and WHEREAS, the City Attorney has been authorized to work with the approved search firm to prepare a contract that is consistent with the terms outlined by the Firm in their proposal. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Shorewood, Minnesota that: 1. The City Council has approved _______________________to assist with the hiring of a new City Administrator at the May 9, 2022 meeting. 2. Authorizes the Mayor and City Clerk to enter into the agreement, as proposed, on behalf of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of May, 2022. ___________________________ Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD Request For Proposal Executive Search Firmto Assist In Hiring a City Administrator I. OVERVIEW City of Shorewood is seeking proposals from executive search consulting firms to assist in the recruitment of a City Administrator. The selected firm will conduct the recruitment, evaluation and screening of applicants in order toprovide recommendations to the Shorewood City Council.TheShorewood City Council will interview the semi-finalists, with ahiring goal on or before October 1, 2022. II. INTRODUCTION Shorewood is a city with a population of 7,800 and located in western Hennepin County.The Mayor and four-member council are all elected at-large and on staggered terms.The city has a full-time staff of 22 people, with police and fire services being provided by a joint powers agency with three and four other cities, respectively. III. PROPOSAL REQUIREMENTS Proposals for Executive Search Firm should includethe following information regarding 1. Recruitment. 2. Identification of quality candidates. 3. Screening applicants and recommendation of semi-finalists. 4. Final interview. 5. Conducting pre-employment investigation and evaluations of finalist(s). 6. Assistance in negotiating offer. searches. Proposals should include the proposed fee schedule, payment provisions requested, and estimated expenses. ΋ Proposals should include proof of liability insurance and amount. IV.STATEMENT OF NEED City of Shorewood is seeking responses from consultant firmswith expertise in conducting quality search services. The primary objective of the RFP is to establish a consultant list from which the city will select an executive search firm to conduct the search for a new City Administrator. V.NATUREOF POSITION The position of City Administrator is a critical, visible position requiring strong business management experience, exceptionalleadership ability and a successful track record of working with or for government, public agencies within the local government sector. The job description for the City Administrator is attached to this request. VI.RESPONSE REQUIREMENTS Proposals and all related materials are due by noon on May 2, 2022. Responses may be delivered to City of Shorewood: Sandie Thone, Human Resources Director 5755 Country Club Road Shorewood, MN 55331 Responses submitted by email will be accepted at sthone@ci.shorewood.mn.us VII.QUESTIONS/ADDITIONAL INFORMATION All questions and/or requests for additional information may be requested via email to Sandie Thone, Human Resources Director at the following email address Sthone@ci.shorewood.mn.usor via direct line at 952.960.7911. ΋