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09-12-22 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 12, 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 August 22, 2022 Minutes B. City Council Regular Meeting Minutes of August 22, 2022 Minutes C. City Council Special Work Session Minutes of August 29, 2022 Minutes D. City Council Special Work Session Minutes of September 6, 2022 Minutes E. City Council Special Work Session Minutes of September 7, 2022 Minutes F. Approval of the Verified Claims List Claims List G. Accept Quote and Award Contract for One Replacement Director of Public Works Memo 2,000 Gallon Tanker Truck H. Set Truth-in-Taxation Meeting Date Finance Director Memo Resolution 22-080 I. Approving an Encroachment Agreement for 23100 Summit Ave City Engineer Memo Resolution 22-081 CITY COUNCIL REGULAR MEETING AGENDA Page 2 J. Accept Final Improvements for Shady Island Bridge City Engineer Memo Forcemain Replacement, City Project 21-02 Resolution 22-082 K. Accept Final Improvements for Christmas Lake Boat Landing, City Engineer Memo City Project 22-02 Resolution 22-083 L. Approve Hiring of Light Equipment Operator, Public Works Director of Public Works Memo M. Approve 2023 Lake Minnetonka Cable Communications Budget City Administrator Memo Resolution 22-084 N. Accept Resignation of Chris Pounder, Light Equipment Director of Public Works Memo Operator, Public Works O. Approve Hiring of Light Equipment Operator, Public Works Director of Public Works Memo P. Revised Interim Ordinance (Moratorium) on Sale of City Attorney Memo Cannabinoids Ordinance 592 Resolution 22-085 Q. Authorize Expenditure for Public Works Equipment, Director of Public Works Memo One Power Broom for Skid Steer R. Accept Regular Appointment of Bruce Stark to Director of Public Works Memo Light Equipment Operator – Utilities, Public Works 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 raise your hand or 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. The mayor or council may request that staff place this matter on a future agenda or ask staff to address it during Item 10. Staff Reports. (No Council Action will be taken) 4. REPORTS AND PRESENTATIONS 5. PUBLIC HEARING 6. PARKS 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications and Authorize Advertisement for City Engineer Memo Bids for Strawberry Lane Reconstruction, City Project 19-05 Resolution 22-086 9. GENERAL/NEW BUSINESS A. Tobacco License Violations City Clerk/HR Director Memo CITY COUNCIL REGULAR MEETING AGENDA Page 3 B. Approve 2023 Preliminary Budget and Levy Finance Director Memo Resolution 22-087 C. Accept Resignation of Director of Public Works Larry Brown City Clerk/HR Director Memo And Discuss Recruitment Process 10. STAFF AND COUNCIL REPORTS A. Staff B. Mayor and City Council 11. CLOSED SESSION -ALEX AND ELENA UGORETS V. CITY OF SHOREWOOD, CIV. NO. 21-1446 (D. MINN) -ALAN YELSEY V. CITY OF SHOREWOOD, OAH 5-0305-38230 (OFFICE OF ADMINISTRATIVE HEARINGS) Pursuant to Minn. Stat. §13D.05, subd. 3 (b), the meeting will be closed for a confidential, attorney- client privileged discussion of the litigation matters, Alex and Elena Ugorets v. City of Shorewood, Civ. No. 21-1446 (D. Minn.), and Alan Yelsey v. City of Shorewood, OAH, 5-305-38230. 12. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, AUGUST 22, 2022 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:03 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson (arrived at 6:32 p.m.), Gorham, and Callies; City Attorney Shepherd; Interim City Administrator Shukle ; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: Councilmember Siakel B. Review Agenda Callies moved, Gorham seconded, approving the agenda as presented. Motion passed 3/0. 2. 2023 PROPOSED BUDGET Finance Director Rigdon gave an overview of the proposed 2023 budget and property tax levy. He noted that budget worksheets had been distributed to the department heads and staff is working to put together the budget and property tax levy. He noted that they were not yet ready to discuss the Capital Improvement Plan and tonight’s discussion would be strictly around operations, in particular, the General Fund. He reiterated that the budget that staff is proposing is just preliminary but shows a 6.1% increase in expenditures. He reviewed the personnel-related assumptions; notable General Fund budget items; expenditures and transfers out; revenues and transfers in; and the proposed property tax levy which is of 8.9% higher than in 2022. He reminded the Council that the tax levy can still change until it is approved and certified to the County. He reviewed the increase in taxable market value and noted that it jumped about 26% from 2022. He gave a brief explanation of the tax capacity rate which shows a 28% increase from 2022 to 2023 valuations. He stated that because there is an increase in valuation, the City’s local tax capacity rate has dipped significantly by almost 16%, which he has never seen before. Councilmember Gorham asked if Finance Director Rigdon had seen any home valuations remain flat. Finance Director Rigdon noted that he had not and most appeared to have increased in value somewhere around 15-20%, but has also seen some increase over 25%. He reviewed the tables that showed examples of a valuation situation with no change; increase of 15%; increase of 20%; or increase of 25% in property values. He stated that if the Council wanted to bring forward other initiatives for 2023, the tax levy would need to be increased which would mean a larger tax impact. He reviewed the General Fund balance reserves which has been a key factor in the City’s bond rating position. He shared various examples that he had suggested for use of the General Fund surplus. He reviewed the American Rescue Plan Act (ARPA) funds and noted that the City had CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 2 of 5 used these funds for the Covington Road watermain improvements, and the water meter repair and replacement project. He reminded the Council that this was a preliminary look at the proposed budget and once the property tax levy is certified it cannot be increased, but can be decreased. Councilmember Callies stated that the City is now levying directly to the funds rather than transferring out, and asked how this would affect the homeowner. She asked if their statements would outline specific amounts that went towards sewer or roads. Finance Director Rigdon stated that on their statement, they will be combined and the only two categories they will see on their tax bill would be for the general levy and a debt levy. He explained that levying directly to the funds is more of an internal action by the City. Mayor Labadie noted that the recent bid the City got back for tree trimming was exorbitant to the point where they could bring on additional staff and still be under the proposed bid. She asked if the Council would want to entertain the idea of “beefing up” Public Works with equipment or man- power, and if so, when the best time to do that would be. Finance Director Rigdon stated that the answer would really be related to level of service and the quantity of service that the City wants to provide. Councilmember Callies stated that she thinks Mayor Labadie’s idea is good, but if a staff person is added, she was not sure they would actually be able to go out and do all the tree trimming, or example, because that seems to be more specialized and may have to be done by an outside entity. Public Works Director Brown explained that there would need to be a minimum of two people, if they were focusing just on tree trimming. He stated that he has had a conversation with Interim City Administrator Shukle about this issue and they have proposed in the budget the addition of one employee that was focused on parks. He stated that the bid that Mayor Labadie referenced came in for around $400,000, which equates to around four employees. He stated that if the City started up a true forestry effort, that could not just be done by just one person. Mayor Labadie asked if that was something that could be a long term role with the City had just fallen a bit behind in the tree trimming. Public Works Director Brown stated that the tree canopy has gotten to the point where they can start trimming and by the time they are through, it is almost time to start the process all over again. Mayor Labadie asked if other cities of similar size have personnel serving in this kind of role. Public Works Director Brown stated that he thinks that the larger suburbs have true forestry divisions, but would have to take a closer look at cities that were similar in size to Shorewood. Interim City Administrator Shukle stated that the City has not hired a new Public Works employee in many years. Public Works Director Brown explained that when he started at the City there were eight full-time employees plus a working foreman. He noted that at that time the City contracted out their CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 3 of 5 sanitary sewer and storm sewer to a private entity. He stated that they now have added streets and various roles and also handle sanitary sewer and water duties and responsibilities. Interim City Administrator Shukle asked how long ago the City hired new employees.Public Works Director Brown stated that it would probably be about twenty or so years ago. Interim City Administrator Shukle explained that they were proposing a new employee for 2023 which, to him, is not out of the ordinary. He stated that the Council could certainly look at adding more, but would caution them to be careful with how this is done. Mayor Labadie stated that the one additional employee proposed is the bare minimum and reiterated her question of whether or not now is the appropriate time to discuss this or if it should be done as discussion for a future budget year. She noted that she thinks the entire Council was “blown away” by the bid that came in for the tree trimming. Councilmember Callies agreed but noted that it is kind of an unusual time and she was unsure if the tree trimming expense would come in as high next year. Councilmember Gorham stated that he thinks it was just bad timing with the tree trimmers’ busiest time of the year. He stated that he did not think the City should overreact too much to the tree trimming quotation. He explained that he thinks it is a great idea, but would be taking on a long term commitment. He stated that that he loves the idea of paying down the City’s debt. He noted that he is a bit worried about escalation in the construction industry right now and there are bunch of big projects going out which makes him nervous because next year there may be some shocking numbers in the materials world. He explained that was why he is nervous about making a ten or twenty year commitment when the City does not know what they will see next year. Councilmember Callies stated that there is one new Light Equipment Operator included in the 2023 budget. She explained that she trusted that Public Works Director Brown has looked at where they position needs to focus and that she did not think the Council should focus solely on the tree trimming. Mayor Labadie explained that she was using the tree trimming situation as more of an example because she thinks the Public Works Department is overworked right now. She suggested that the Council consider this topic as food for thought for future budget years. Councilmember Callies asked if the ARPA funds could be used for tree trimming. Finance Director Rigdon stated that they could not be used for recurring operational items like tree trimming. Councilmember Callies suggested that perhaps there would be some sort of emergency or urgent category where those funds could be used even though they could not be used for all the trees in the City as general maintenance. Councilmember Gorham noted that there is no urgency to earmark the ARPA funds until 2024. Councilmember Callies noted that in terms of the reserves, the suggestion that appealed the most to her was exercising the call on the EDA bonds and paying down the debt. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 4 of 5 Councilmember Johnson arrived at the meeting. Mayor Labadie asked if Finance Director Rigdon had received a lot of calls from residents about their property tax statements and valuations. Finance Director Rigdon stated that the City’s front office got a lot of calls that they, in turn, referred to the County. Councilmember Gorham asked about the assumptions he had included for things such as the pest management plan and asked if that was included on a future agenda for discussion. Finance Director Rigdon stated that the Council can discuss it right now if they like. Public Works Director Brown stated that the initial budget submittal was put together with the assumption that there would be $45,000 extra that was needed for the practice of the pest management plan and use different compounds versus the chemicals the City had been using. He stated that he had heard that the compounds were significantly more expensive so he put together essentially an ‘uneducated’ estimate based on what he knew at the time. He stated that the specialist who has prepared the plan has priced it out for the compounds being $100,000/year and does not include the contractual costs for the licensed applicator. He stated that in addition to that, there is also another $45,000 worth of additional equipment needed for field maintenance. Councilmember Callies stated that there is also the cost of the consultant in addition to the product and equipment expenses. Planning Director Darling explained that the cost for the consultant depends on what level of service the City requests. She stated that the cost for the products would vary between $45,000 and $80,000 depending on how much of the parks they want to use these products on. Councilmember Callies stated that she feels this is a difficult thing to budget for because the Council has not yet made a decision about the plan. She stated that she thinks it brings into question the larger issue of the City’s policy and stated that she would like to revisit it and suggested that it may be a good topic for discussion at the Council retreat. Public Works Director Brown noted that there is nothing that says the City needs to start out in full force right in year one for the pest management plan and could be something that the City grows into. He stated that there is the concern that the turf is not being managed properly because they have suspended all applications of chemicals, so it will take longer to address the weed growth that is out there. Councilmember Gorham asked if Finance Director Rigdon needed direction from the Council on the use of General Fund reserves. Finance Director Rigdon stated that it would be advisable if the Council could start thinking about that issue. Councilmember Gorham stated that both he and Councilmember Callies supported paying down the debt and asked what the others thought. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 5 of 5 Councilmember Johnson stated that because interest rates are going up, he would concur with that suggestion. Mayor Labadie stated that she could not speak for Councilmember Siakel, but she would also support this approach to the reserves. Finance Director Rigdon stated that he will plan to bring this back to the Council for action at their September 12, 2022 Council meeting. Councilmember Callies noted that it was clear how much work had been put into this proposed budget and expressed her appreciation for it being so clear because it helps the Council make decisions. 3. ADJOURN Gorham moved, Callies seconded, Adjourning the City Council Work Session Meeting of August 22, 2022, at 6:44 P.M. All in favor, motion passed 4/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 22, 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. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Gorham, and Callies; City Attorney Shepherd; Interim City Administrator Shukle; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: Councilmember Siakel B. Review Agenda Mayor Labadie stated that she would like to remove agenda item 2.i and place it on a future meeting agenda. Johnson moved, Gorham seconded, approving the agenda as amended. 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 Regular Meeting Minutes of August 8, 2022 B. Approval of the Verified Claims List C. Accept Quote for 2022 Catch Basin and Culvert Project, City Project 22-04, Adopting RESOLUTION NO. 22-073, “A Resolution Awarding the 2022 Catch Basin and Culvert Repair Contract, City Project 22-04.” D. Accept Final Improvements for Beverly Drive and Cajed Lane Drainage Improvements, City Project 20-03, Adopting RESOLUTION NO. 22-074, “A Resolution Accepting Final Improvements for the Beverly Drive and Cajed Lane Drainage Improvements Project; City Project 20-03.” E. Accept Final Improvements for Glen Road/Amlee Road/Manitou Lane Street Reconstruction and Utility Project, City Project 18-08, Adopting RESOLUTION NO. 22-075, “A Resolution for Acceptance of Final CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 2 of 14 Improvements for the Glen Road, Manitou Lane, and Amlee Road Street Improvements, City Project 18-08.” F. Approve Vacation of a Portion of Fire Lane 1 to Set Property Line, Location: 4580 Enchanted Point at Fire Lane 1, Adopting RESOLUTION NO. 22-068, “A Resolution Vacating a Portion of Fire Lane 1 to Identify the South Property Line of 4580 Enchanted Point.” G. Approve Agreement with Christmas Lake Association for Improvements to the Christmas Lake Public Access, Adopting RESOLUTION NO. 22-076, “A Resolution Approving Agreement Between the Christmas Lake Association and City of Shorewood for Improvements to the Christmas Lake Boat Access.” H. Accept Quote for Security Upgrades to the Christmas Lake Public Access, Adopting RESOLUTION NO. 22-077, “A Resolution Awarding the Quote for Security Improvements to the Christmas Lake Public Boat Access.” I. Accept Quote and Award Contract for One Replacement 2000 Gallon Tanker Truck – (removed from the agenda) All in favor, motion passed. 3. MATTERS FROM THE FLOOR Guy Sanschagrin, 27725 Island View Road, noted that he wanted to address the Council regarding the Birch Bluff project and the hiring of a new City Administrator. He noted that he has spent the last two weekends walking the Birch Bluff area with Rick Mann, who lives in the neighborhood, and the feedback they have gotten from people was overwhelmingly against the project as planned. He noted that nobody they had spoken to understood what was driving the project. He shared some of the comments they received from the area residents and showed pictures of the condition of Birch Bluff that had an overlay done a few years ago. He expressed confusion that money was spent on an overlay if the plans were to rip up the road a few years later because an overlay should last seven to ten years. He stated that a frequent sentiment from residents was that they wanted the City to do much more with preserving healthy/mature trees, they wanted their voices to be heard, and wanted the City to stop wasting the taxpayers money. He stated that with regard to the hiring of a new City Administrator, he felt that residents should be viewed as both shareholders and recipients of City services and that this position is critical to the City’s success. He explained that he felt residents should have a strong voice in the hiring process and outlined what he felt what qualities were needed in this position. He stated that he was proposing that an at large, citizens advisory group be formed to guide this process and noted that he would volunteer to serve on this group. Kathy Bongard, 2626 Birch Bluff Road, stated that she is one of the residents who love the area as it is right now with the canopy of trees. She explained that her understanding is that the City wants to widen the road and stripe it. Mayor Labadie noted that the City was still in discussion about the project and had not yet finalized the plans. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 3 of 14 Ms. Bongard stated that a few years ago, the neighborhood had asked for a sign to be put up on the fire lane access stating the rules of the access. She stated that they have spent a great deal of time with the Council trying to get that done and it still has not happened. She stated that her understanding is that work to settle the fire lane issue has been going on for over twenty years and yet it seems as though the Council has taken almost no time at all to make plans, with the people who live there, regarding what will happen on Birch Bluff Road. She stated that the people who bought there liked how it looked, the small town feel, and how easy it is to walk there without being disturbed. She reiterated that it is lovely, as it is, but she gets the feeling that the Council does not seem to care. 4. REPORTS AND PRESENTATIONS A. Highway 7 Safety Audit Presentation, MnDOT Andrew Lutaya, Area Engineer, MnDOT Metro District, introduced himself and Derek Leuer, State Traffic Safety Engineer at MnDOT. He noted that this presentation will be more focused on how the road safety audit was carried out and will review their recommendations. He noted that there are much broader discussions on how projects are selected and funded at MnDOT which will continue beyond the road safety audit and explained that there are a lot of needs throughout the State and not enough funding for everyone. He stated that the goal of the safety audit was, at minimum, to try to identify if there was any location that could rise in priority to be included in an already published State plan. He noted that they looked at seventy intersections in the entire corridor and explained that as public stewards they need to work on prioritizing which projects are able to be worked on and when they can be worked on. He explained that during a Road Safety Audit (RSA) the team looks for potential safety hazards that may affect the road users and then suggests measures to mitigate those issues. He reviewed the goal of the RSA that looks into education, enforcement, engineering, and emergency/trauma services. He gave an overview of how the Highway 7 corridor was segmented as part of the study. He reviewed data from the RSA with regarding to traffic volumes, posted speeds, previous plans, previous studies, public engagement and comments from the general public. He noted that there was quite a bit of interest in this study and they received over one-thousand responses from their on-line open house. He gave a brief overview of the general themes expressed in the responses related to nighttime visibility and a desire to add more traffic control measures. Mr. Leuer explained that he was the traffic manager for this project and shared details from what they found in the RSA and their recommendations. He noted that his presentation would focus on the middle segment of the corridor in the City. He explained that they used statistical criteria to find whether the number of crashes were above average or critically above average, which means there appears to be something going on here that should be investigated. He reviewed the data related to crashes, crash severity, manner of collision, and causes of fatal and serious injury crashes. He stated that one recommendation they have would be to install enforcement confirmation lights to safely observe and pursue red light violators as well as creation of a Highway 7 Corridor Coalition. He gave a brief overview of some of the recommended short-term, medium- term, and long-term improvements from Minnetrista to Minnetonka along Highway 7. He reviewed the input they got from the public regarding Highway 7, near Eureka Road and what their team settled on after talking through some various solutions. He explained that they landed on the idea of a divided two-lane roadway that has a “suburban feel” to it with pedestrian sidewalks on both sides with the major intersection controls being roundabouts. He clarified that this idea has not been fully vetted or designed, but is an idea for a starting point. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 4 of 14 Councilmember Johnson asked if the thought was to have a concrete median. Mr. Leuer explained that the idea would be to have a raised, flat median that would divide the two ways of traffic. Councilmember Johnson asked what this would mean for pedestrians who want to cross over Highway 7. Mr. Leuer stated that it would allow pedestrians to cross to the median to the point of safety, and then cross the second half. He noted that their report contains dozens of recommendations that range from removal of vegetation that may be in sight lines to things like installing cable barriers, or finding a way to reduce the left hand turn maneuvers onto Highway 7. Mr. Lutaya reiterated that the RSA is really just the beginning of the process and the next steps involve collaboration between various agencies to working to get the funding for making the recommended improvements. Mayor Labadie asked if there was an estimated time frame for some of the improvements and asked when the soonest action could be taken. Mr. Lutaya stated that depending on the amount of funding needed, some of the short-term recommendations could be done next spring, for example clearing brush and trees along the corridor sight lines. He explained that the medium-term and long-term recommendations will require a broader budget which can take a longer time. Councilmember Callies clarified that a Highway 7 Coalition did not already exist and they were simply recommending that one be put together. Mr. Lutaya stated that this was correct and noted that a coalition typically begins with a group such as this Council, that invites partners from other cities and counties to work together on solutions. Mayor Labadie encouraged residents to utilize the contact information for Mr. Lutaya and Mr. Leuer if they had specific questions on the RSA. She extended her thanks for MnDOT and Mr. Lutaya and Mr. Leuer for coming to give this report and for taking this traffic study seriously. She stated that she hopes that when Mr. Lutaya stated that this was not the end and only the beginning that he was speaking the truth because Shorewood needs help with the Highway 7 corridor and explained that the community feels it is an inherently dangerous piece of highway. She explained that she was fearful because of MnDOT’s lack of urgency and would like there to be a quicker remedy. She noted that before she was elected as mayor, she served on the City Council for six years and during that time, former Mayor Zerby repeatedly asked MnDOT representatives and legislators for help with the unsafe nature of Highway 7. She asked what the City can do to get help from MnDOT now, because they do not want to just wait until there is another fatal collision. She noted that MnDOT had received over one-thousand responses to their online survey and asked that they hear the message from the residents that they feel unsafe on Highway 7 at high traffic times. She reiterated that the City wants help from MnDOT and does not want to wait. She noted that she understands that they are hearing the same concerns from other communities along the Highway 7 corridor, but this Council is the stewards of its residents and would ask that MnDOT change their decision and make Shorewood and its citizens a priority. She reiterated that contact information for the MnDOT representatives was being shown on the screen and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 5 of 14 encouraged residents to contact them with their questions and feedback. She assured Mr. Lutaya that she sincerely appreciated MNDOT staff for coming to present this information to the City and noted that she was not trying to work against them, but wanted to make it clear that the people of Shorewood do not just want to be statistics and want their concerns to be heard. B. Chief of Police, Brian Tholen – 2023 Budget Presentation Chief of Police Brian Tholen gave a brief overview of the 2023 proposed budget. He noted that since October of 2020, there were 5 overdose deaths due to Fentanyl of individuals between the ages of eighteen to fifty-four and compared that to there being only two overdose deaths in the South Lake Minnetonka community between 2013 -2019. He stated that the overdose medical calls have increased by twenty-five percent over the last five years and explained that they now carry Narcan which can reverse the effects of a narcotic on a system. He noted that since 2017, they have had fourteen Narcan deployments that he considers ‘saves’. He stated that it is his responsibility to inform the Council and cities where they need extra funding and personnel. He explained that one of these personnel needs was to add a drug task force officer to directly and proactively take a look at the drug problem and go to the dealers, not necessarily the users. He stated that the second part of this need is related to the Capital Improvement Plan (CIP). He noted that they have never had one before because they have simply taken from other accounts. He stated that he has also included in his budget proposal a building maintenance schedule because they cannot simply just defer maintenance on things like the roof or HVAC system. He explained that another component of his proposed budget relates to officer wellness and noted that they already have a very robust officer wellness program. He stated that currently they need to see a therapist every year because they deal with a lot, but noted that he would like to expand the officer wellness program that was started under former Chief Meehan to include debriefs and critical incidents. He explained that also included in his proposed budget is the uncontrollable increases that everyone has seen and gave examples of increased fuel and supply costs and worker’s compensation insurance premiums. He explained that the debt service of the amount due to the Shorewood Economic Development Authority to pay off the police side of the building will have its last payment in October of 2022 which means there will be unallocated funds which is why he thinks this is a good year to add the drug task force position that he is suggesting. He explained that as a comparison, asof July 31, 2021, there were two-thousand nine-hundred thirty- eight calls for service for Shorewood and as of July 31, 2022, there were three-thousand, three- hundred fifty-two calls for service, which is an increase of fourteen percent. Councilmember Callies asked for an explanation of his comments related to unallocated funds. Chief Tholen explained that in 2016, former Chief Meehan refinanced the bonds that were paid to build the building. He stated that every year the City provided a certain amount for the department to pay off those bonds. He stated that many people weren’t aware of this, so he was not sure if they had worked that into their 2023 budget or not and reiterated that the last payment will be in October of 2022. Councilmember Callies stated that she supports the idea of a drug task force and felt that would bring a good benefit to the community. Chief Tholen stated that by adding a drug task force officer it is essentially a force multiplier because it will allow them access to six other agencies. He thanked the City for their continued support of SLMPD and noted that they are currently fully staffed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 6 of 14 C. Fire Chief, Curt Mackey – 2023 Budget Presentation Mayor Labadie noted that Fire Chief Mackey had been called out on a mutual aid call. Councilmember Johnson asked that everyone stop and pause and take a moment to think about the safety of those involved in this call. He noted that before Chief Mackey had to leave he had sent him a message asking him to summarize the proposed 2023 budget. He explained that he was the liaison to the Excelsior Fire District Board and noted that Interim City Administrator Shukle attends the Operating Committee meetings for the Excelsior Fire District Board. He gave a brief overview of the budget and noted that the proposed budget increase to Shorewood is proposed to be $25,393, which is around a five percent increase from previous years. He gave an overview of some of the pressures within the District, such as keeping their wages competitive and explained that this budget brings those more in line with other wages in the area. He gave an overview of some of the CIP expenses including the new fire boat. He noted that as Police Chief Tholen briefly mentioned, the fire portion of the building will be full paid off a year after the police portion of the building in 2023. Mayor Labadie explained the City has a Joint Powers Agreement and shares the fire department with five other cities and a police department with four other cities. She explained that each city had a councilmember that serves on the Fire District Board and each mayor serves on the police board. Councilmember Johnson explained that the difference is that Deephaven has their own police department, but not their own fire department. 5. PUBLIC HEARING A. Request for Rezoning, PUD concept/development stage and Preliminary Plat for Maple Shores Location: 20430 Radisson Road and Adjacent Vacant Lots Applicant: Chamberlain Capital, LLC Planning Director Darling stated that this is an application by Chamberlain Capital, LLC for the property at 20430 Radisson Road where they propose to develop seven homes in a planned community with shared maintenance to be called Maple Shores. She explained that the Planning Commission had held a public hearing on August 2, 2022 where six people spoke and the Commission voted unanimously to recommend approval. She noted that one additional letter was submitted by Scott Smith on behalf of his clients, who are residents of Radisson Road. She explained that letter had been distributed to the City Council prior to the meeting and at the Council dais and can be seen on the front table for public review. She stated that the Parks Commission had also reviewed the application and had also unanimously recommended approval of accepting fees in lieu of land dedication and keeping the open space under private ownership. She noted that representatives of the Planning and Parks Commission would present more detailed information about their discussion later in tonight’s meeting. She stated that this was a public hearing for the Council to consider additional public testimony and noted that action would be taken under item 7B. Mayor Labadie opened the public hearing for comment at 8:07 p.m. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 7 of 14 Michael Cohen, 20640 Radisson Road, stated that his property touches the subject property. He noted that he would like to know the actual acreage, per home, for the residences they are proposing. He stated that he had asked this at the Planning Commission but did not receive an answer. He stated that they are proposing seven beautiful homes,but would like to know what the acreage plot is and have it on the record. He stated that he would also like to know about the eighteen-foot wall with the fence on top and, on the overlay of the aerial photograph, how close to his property that huge wall will be. Mayor Labadie suggested that the applicant answer those questions for Mr. Cohen. Scott Smith, stated that he had authored the letter referenced by Planning Director Darling. He stated that he stands by the comments included in the letter and just wanted the Council to know that he was here tonight if they had any questions from the letter. Paul Cameron, explained that he and his wife are owners of Chamberlain Capital, LLC, and noted that if this is approved, they will become residents of the City because they plan to live in this development. He stated that for the acreage per house question raised by Mr. Cohen .5 acres per house excluding wetlands and the lake. He noted that he was not sure about the distance from Mr. Cohen’s property to the retaining wall and fencing because that wasn’t something that the City had required, but he can find this information and pass it along. Mayor Labadie noted that Mr. Cohen had asked if Mr. Cameron could point out on the map the planned location of the retaining wall and fence. Mr. Cameron explained that it is hard to see on the aerial photos because there are no references to the high-water mark and the setback required by the Minnehaha Watershed District. He stated that he can have their engineer do a CAD measurement for Mr. Cohen and e-mail this information to him. He noted that the highest point of the retaining wall is eighteen feet but noted that it tapers down on the sides to zero in an attempt to blend the grades. There being no additional public comments, Mayor Labadie closed the public hearing at 8:16 p.m. Mayor Labadie noted that further Council discussion would happen later on the agenda. 6. PARKS A. Report by Commissioner Heinz on August 16, 2022 Park Commission Meeting Parks Commissioner Heinz gave an overview of the summer parks tours by the Parks Commission. Mayor Labadie noted that if anyone sees vandalism occurring at any of the parks she would encourage them to call 911.. 7. PLANNING A. Report by Commissioner Riedel on August 2, 2022 Meeting Planning Commissioner Riedel gave an overview on the discussion and actions taken at the August 2, 2022 meeting and gave a brief summary of their recommendations. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 8 of 14 B. Request for Rezoning, PUD concept/development stage and Preliminary Plat for Maple Shores Location: 20430 Radisson Road and Adjacent Vacant Lots Applicant: Chamberlain Capital, LLC Mayor Labadie noted that a public hearing was held regarding this development on August 2, 2002 at the Planning Commission meeting and earlier this evening at the Council meeting. Councilmember Callies noted that she lives across the street from this development and has no financial interest in this project. She explained that she has an easement on Lot #11, however there is different language on the easement than what the proposed development easement is. She stated that she would like to have City Attorney Shepherd address the issue of what the Council is looking at in terms of the PUD approval and rezoning, the factors that are taken into consideration, and whether or not the easement is an issue that comes into play within the City Code. City Attorney Shepherd stated that the easement is not a factor in this situation. He stated that he understands that there is a dispute about the easement, but that is a private easement and is something that is for the courts and not for this Council to decide. Councilmember Callies stated that she thinks that everyone in the neighborhood would prefer that there only be one house on this lot, but thinks they also understand that is probably not a realistic expectation. She stated that she feels that staff has thoroughly reviewed and addressed some of the potential issues with the proposal. She noted that currently this property is a nuisance property and has been vacant for the last three years, so she is looking forward to something nice going in there that could potentially be an asset to the neighborhood. She admitted that it will be a big change and having additional traffic on a narrow road is a concernbut explained that she was in support of what has been proposed, with the staff recommendations as presented that should mitigate some of the concerns. Councilmember Gorham stated that he also feels like this is a nice project and he felt, even before City Attorney Shepherd had weighed in, that the Lot #11 dispute was not for the Council to decide. He stated that he sees this proposal has a benefit to the City with a PUD rather than just having five lots with houses squeezed in. He noted that he felt the way it has been designed with some buffers to the north and west will help mitigate some of the environmental impacts. Councilmember Callies noted that this plan is for a total of seven homes, with six townhomes and one individual family home. She stated that she believes one of the earlier proposals was for a total of nine homes so this is a slight reduction from those plans. Mayor Labadie stated that she likens the Lot #11 dispute as a similar discussion to that of Highway 7 that was held earlier tonight. She stated that the City has no jurisdiction of that road and likewise they have no jurisdiction over the Lot #11 issue. She stated that it does appear to be a decent development on a parcel that is currently almost an eyesore. Councilmember Johnson asked about the mention in the staff report of an HOA. He stated that the site plan has a stormwater pond, but nowhere in the function of the HOA does it discuss maintenance of the stormwater pond. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 9 of 14 Planning Director Darling explained that it would be the intent of the City that the HOA take on the responsibility for the stormwater pond. She noted that a separate maintenance agreement will be required and asked that the HOA documents, when they are submitted with the final plat include language for all of the common items, including maintenance of the stormwater pond. Councilmember Callies asked about the sequence of approvals in this process. Planning Director Darling stated that if the Council approves this item tonight, it would be for the rezoning and the concept PUD, plus the development stage PUD and a Preliminary Plat. She explained that this combines both a policy decision of looking at the rezoning plus the beginning detail of the development itself. She stated that the next stage would be the PUD Final Stage plan and Final Plat which would include the final details of the development based on their design of the project and the conditions that were put into the resolution. She noted that if the Council approves the Final PUD Plan and the Final Plat, then the applicant will be required to assemble all of the permits from the other permitting jurisdictions which would include things like the watershed, DNR, and the Department of Health . Callies moved, Johnson seconded Approving Ordinance No. 591, “An Ordinance Amending Section 1201.09 Subd. 2 of the Shorewood Zoning Code – The Shorewood Zoning Map (Maples Shores PUD).” All in favor, motion passed. Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 22-079, “A Resolution Approving a Preliminary Plat for Maple Shores for Property Located at 20430 Radisson Road and Four Adjacent Vacant Properties.” All in favor, motion passed. C. Cooperative Housing Development Applicant: Lifestyle Communities Location: 24250 and 24320 Smithtown Road Planning Director Darling explained that both Shorewood and Tonka Bay have been approached by a company to develop a cooperative apartment building on properties that straddle the city boundaries. She noted that both cities will need to be involved in the development, but the level of involvement is a policy decision to be made by each council. She clarified that the applicant has not yet submitted an application for development, but in the event that they do, staff would like more information and direction on how the Council would like to approach this development with Tonka Bay. She stated that staff has put together three options for consideration by the Council and noted that Tonka Bay staff will bring these same options to their council as well. She reviewed the three options and explained their advantages and disadvantages: Option 1 – Boundary Alteration; Option 2 – Delegation Authority; and Option 3 – Separate Decision-Making. She stated that staff is recommending that the Council adopt either Option 1 or Option 2. Tim Nichols, CEO, Lifestyle Communities, stated that they have about forty cooperative developments in the area which have been tremendously successful. He stated that they have accomplished this by picking great communities where people want to be able to age and remain in the community in this type of development. He explained that they have found that about eighty-five percent of their residents are from a very close geographic range and not from outside the community. He stated that this project is designed for ownership for active adults to give them the opportunity to stay in their community. He stated that he understands that because this straddles the two communities it will be a challenge, but assured the Council that Lifestyle Communities was up to the challenge. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 10 of 14 Mayor Labadie asked if they were still proposing to use the Public Works driveway for one of their access points. Mr. Nichols stated that garage access would be to the Public Works right-of-way. He noted that he had briefly discussed this issue with Police Chief Tholen earlier this evening and he felt certain that they can reach an outcome that allows preservation of traffic flow for emergencies to go out while dictating exactly where the cooperative owners access their parking garage. He stated that all the rest of the community parking and visitors will be through the current access that exists to the chocolate shop. He explained that their concept is to have a separate median that separates the two access points and noted that when he mentioned that to the Police Chief Tholen, he seemed optimistic that this approach could work. Mayor Labadie stated that she is also worried about the one access point onto the road even if there is parallel access because they would still be exiting onto Smithtown Road. Mr. Nichols introduced David Williams from Lifestyle Community Development and asked him to address that topic. David Williams, Lifestyle Communities, stated that these concerns have been brought up before and have been discussed with the Planning Commission and the City Council. He explained that recently they have engaged with a traffic engineer to work through these issues and knows that they have begun working with Planning Director Darling to get more clarity on this situation. He stated that his understanding is that they will begin the traffic study in the next week or so in order to figure out the best way to provide access without limiting access for anyone. Councilmember Johnson asked Public Works Director Brown to weigh in with his thoughts or concerns about this project. City Attorney Shepherd reiterated that the question in front of the Council tonight is the process by which these questions will get answered and discussed. He stated that if it is the Council’s prerogative, they can discuss these things, but really what they are being asked for tonight is whether or not this project will go through two different planning review processes or one. Councilmember Johnson stated that he would strongly prefer Option 1 and sees the other two options as quagmires. Councilmember Callies stated that she agreed and would support Option 1. Mayor Labadie stated that she agreed as well. Councilmember Gorham stated that for Option 2, he would want Shorewood’s Planning Commission to be the zoning and permitting authority,but noted that Option 1 is something that the City has done before and seems like it would be a good option. Mayor Labadie noted that she would have a really hard time with the driveway and the entrance and exit on Smithtown. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 11 of 14 City Attorney Shepherd stated that there is consensus from the Council to support Option 1 and explained that staff will go back and talk to Tonka Bay and the applicants about the situation and plan to bring back a potential way forward for a proposed development. 8. ENGINEERING/PUBLIC WORKS 9. GENERAL/NEW BUSINESS A. Approve Proposed 2023 SLMPD Budget The Council discussed the budget presentation and proposed increase. Labadie moved, Johnson seconded, Approving the 2023 SLMPD Operating Budget, as proposed. All in favor, motion passed. B. Approve Proposed 2023 Excelsior Fire District Budget Labadie moved, Gorham seconded, Approving the 2023 Excelsior Fire District Budget, as proposed. All in favor, motion passed. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Mayor Labadie noted that the Council was starting a new procedure and that if any of the Council or staff wanted to address issues that were raised during Matters from the Floor, that those comments be made at this portion of the meeting. 1. Primary Election and Candidate Filing Update 2. Fall Shred Event Mayor Labadie noted that the Fall Shred Event will take place on October 22, 2022 from 9:00 a.m. to 12:00 p.m. at Badger Park. Councilmember Johnson stated that he has enjoyed participating in this event in the past and encouraged other Councilmembers to volunteer to help serve but noted that the shred event will fall on Minnesota Educators Association (MEA) weekend Other Public Works Director Brown stated that he was pleased to report that the new shop technician started today. City Engineer Budde noted that it has been a quiet few weeks with relation to construction. Councilmember Johnson noted that the quickness of the construction at Smithtown Ponds with removal of the trail and putting the trail back in place, was impressive. He noted that there is one section that he is very curious to see how it eventually settles. He stated that the comments he has heard in the neighborhood have been extremely positive thus far. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 12 of 14 Planning Director Darling stated that Silverwood Park is down to punch list items and encouraged the Council to stop by the park and take a look at the work that has been done. She stated that regarding the items brought up during Matters from the Floor, there was a request that there be a sign installed displaying some of the fire lane rules. She stated staff can move forward with that, if that is Council’s direction. Councilmember Johnson stated that specific to that fire lane discussion, he thought there had been some kind of compromise as to vehicle use on the fire lane and asked if that had stalled out. Planning Director Darling explained that the item was continued indefinitely, so unless the Council brings it back for review, there would be no staff activity. Mayor Labadie asked if the City had signage at any of the other fire lanes. Planning Director Darling stated that there were no other fire lane signs. She stated that if the Council gives direction for signage at this specific fire lane, her question would be whether they want signs at all the fire lanes. Mayor Labadie stated that she doesn’t think that issue is ready for a Council decision tonight. She suggested that the Council give it some thought and perhaps place it on a future agenda for more detailed discussion or for possible inclusion on a Planning Commission agenda. Councilmember Callies suggested that this may be a good topic of discussion for the Council retreat. Councilmember Johnson noted that they have done that before and the problem they keep running into is that everything works for every other fire lane in the City, except this one. Interim City Administrator Shukle explained that they will begin interviewing candidates for the Light Equipment Operator position this week. He stated he would like to comment on the comment made during Matters from the Floor regarding the search for the city administrator position. He stated that the search is typically handled by the City Council and when candidates are brought in prior to the final interviews, some cities have had public open houses where they can meet the candidates and get to know them. He stated that this has become a typical practice and thinks Baker Tilly may also be recommending that approach. B. Mayor and City Council Councilmember Callies asked for details related to the City’s prosecutions. She stated that she would like to know how many cases, trials, and pleas there are. She stated that she would be interested in receiving that information inorder to understand what is happening with prosecutions. She noted that this may not even be anything that has been asked for in the past, but explained that she thought it would be useful information for the Council to have. City Attorney Shepherd stated that he will talk to his office and see if they can get some kind of report delivered to the Council. Councilmember Johnson stated that his recollection was that part of the selection process was that the new prosecutor has proposed coming and presenting to the Council on a quarterly basis. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 13 of 14 Mayor Labadie stated that she wasn’t sure the plans had been to present quarterly, but believes that the intent was for it to be done more often than it had been in the past. Councilmember Callies stated that the Parks Commission will be considering the pest management program soon. She stressed that she did not want the City to rush into a decision and suggested that it be brought before the Council towards the end of the year or in early 2023 in order to give them time to review the materials. Planning Director Darling noted that the notifications have gone out about the upcoming public testimony process for this item. She noted that it is really intended just to explain the process and thinks people could ask the consultants some questions if they have them. Councilmember Johnson asked Public Works Director Brown if there was a way to adequately treat athletic fields using materials that cause no pesticide harm. Public Works Director Brown stated that the use of pesticides clearly violated the Bee Friendly resolution but noted that his experience is very limited with regard to the compounds that the Integrated Pest Management organization have proposed. He stated the feedback he has received is that they will work,but are more labor intensive. He explained that it will also take special equipment to keep the fields in working order and the City’s tolerance for weeds will have to increase. Councilmember Callies reiterated that she feels this whole issue needs to have a closer look, including taking a look at the policy before the City just goes down the path of implementing this pest management plan. Councilmember Johnson stated that he would also be interested in discussing which areas of the City fit into which area of the policy, so it is not simply a ‘one size fits all’ approach. Councilmember Callies stated that she would also like an update on the litigation case. City Attorney Shepherd stated that it is moving along through discovery and have recently had expert disclosures. He stated that he will get an update from litigation counsel and bring that information back to a Closed Session meeting for an update. Councilmember Callies suggested that he could also just send a memorandum with that update rather than have a Closed Session meeting. Councilmember Gorham stated that he and Councilmember Callies attended an event called Fishing with Friends at Howards Point Marina. He stated that this organization does fishing trips and education for veterans, seniors, youth, and people with disabilities. He stated that it was a really lovely event for a great cause. Councilmember Callies stated that Planning Director Darling and Communications and Recycling Coordinator Moore were there helping out for the whole event. Mayor Labadie stated that she attended the Shining Stars luncheon event where anyone in the community that is eighty or older gets a free lunch which was very well attended. She stated that she also had breakfast last week with Representative Dean Phillips who meets quarterly with the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 22, 2022 Page 14 of 14 mayors in his district. She stated that he simply gave the mayors an update as he is about to head back to Washington D.C. 11. ADJOURN Johnson moved, Callies seconded, Adjourning the City Council Regular Meeting of August 22, 2022, at 9:28 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, AUGUST 29, 2022 5:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 5:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers: Johnson, Siakel, Gorham, and Callies; Patty Heminover, Baker/Tilly; and Interim City Administrator Shukle. Absent: None B. Agenda Mayor Labadie explained the purpose of the work session. The work session is intended to review the applications of 15 candidates for the position of City Administrator. Patty Heminover, Baker/Tilly, the city’s executive search consultant, reviewed the application process. Ms. Heminover indicated that there were a total of 57 applications received. Of the 57, 6 withdrew bringing the total number to 51. BakerTilly then proposed 15 of the 51 to be brought forward for the City Council to review and consider for interviews. From the 15, it is hoped that 5 could be considered semi-finalists to be brought in for in-person and/or virtual interviews. Each Councilmember gave their top 5 picks for interviews and then decided by consensus to only interview 4 candidates at this time. The candidates selected for interviews were Candidates #8, #10, #14 and #15. The interviews were scheduled for Tuesday, September 6, beginning at 3 p.m., at Shorewood City Hall. 2. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Work Session Meeting of August 29, 2022, at 6:23 P.M. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2D CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL WORK SESSION MEETING COUNCIL CHAMBERS TUESDAY, SEPTEMBER 6, 2022 3:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 3:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers: Johnson, Siakel, Gorham, and Callies; Patty Heminover, Baker/Tilly; and Interim City Administrator Shukle. Absent: None B. Review Agenda Callies moved, Gorham seconded, to approve the agenda as presented. Motion passed 5/0. Mayor Labadie explained the purpose of the work session today is to interview 3 finalist candidates for the position of City Administrator. The following finalists for the position are as follows: Scott Weske, Rocky Schneider, and Willie Morales. It th was noted that the 4 finalist, C. Blaine Wing will be interviewed via Zoom on Wednesday, September 7, 10 a.m. Each interview was estimated to be one hour in length. Interim City Administrator Shukle asked questions from a list of agreed upon questions as developed by Baker/Tilly and the City Council. Mr. Weske’s interview began at approximately 3:10 p.m. and concluded at 4:00 p.m. Mayor Labadie then recessed the meeting for a few minutes. At 4:13 p.m., Mayor Labadie re-opened the meeting. The second finalist, Rocky Schneider, began his interview at 4:13 p.m. and it was concluded at 5:17 p.m. Mayor Labadie then recessed the meeting at 5:17 p.m. Mayor Labadie then re-opened the meeting at 5:24 p.m. The third finalist, Willie Morales, began his interview at 5:24 p.m. and concluded at 6:30 p.m. The City Council then discussed the interviews and agreed to have further discussion following the final interview scheduled with C. Blaine Wing on Wednesday, September 7. 2. ADJOURN Gorham moved, Johnson seconded, Adjourning the City Council Work Session Meeting of September 6, 2022, at 6:45 P.M. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2E CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL WORK SESSION MEETING COUNCIL CHAMBERS WEDNESDAY, SEPTEMBER 7, 2022 10:00 A.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 10:22 a.m.. A. Roll Call Present. Mayor Labadie; Councilmembers: Siakel, Gorham, and Callies; Patty Heminover, Baker/Tilly; and Interim City Administrator Shukle. Absent: Councilmember Johnson B. Review Agenda Callies moved, Gorham seconded, to approve the agenda as presented. Motion passed 5/0. Mayor Labadie introduced herself and the Councilmembers present to C. Blaine Wing, a finalist for the position of City Administrator. Mayor Labadie indicated that Councilmember Johnson was absent. Mayor Labadie indicated that Interim City Administrator Shukle was going to ask questions from a list prepared by Baker/Tilly and the City Council. Mayor Labadie indicated that Mr. Wing is being interviewed via Zoom. Mr. Wing began his interview at 10:23 a.m. and concluded at 11:29 a.m. Following the interview, the City Council began a discussion regarding the four finalists interviewed yesterday and today. They requested that Patty Heminover, Baker/Tilly contact Mr. Wing to schedule an in-person interview for when he returns from a vacation the last week of September. They also discussed interviewing another candidate from the list of 15 that were presented at the August 29, 2022 work session. They tentatively scheduled an interview with Candidate #3 for 5 p.m., Monday, September 12. Ms. Heminover will confirm the date and time with the candidate and get back to Interim City Administrator Shukle . Gorham moved, Siakel seconded, Adjourning the City Council Work Session Meeting of September 7, 2022, at 11:56 a.m. Motion passed 4/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk #2H MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: Setting the Truth-in-Taxation Public Meeting Date Meeting Date: September 12, 2022 Prepared by: Joe Rigdon, Finance Director Reviewed by: Ed Shukle, Interim City Administrator Attachments: Resolution: Selection of the Truth-in-Taxation Public Meeting Date Background: In the past, the City of Shorewood has held its Truth-in-Taxation (TNT) meeting on the first Monday in December. For 2022, the TNT meeting will be held as part of the City Council’s regular meeting. The TNT meeting provides an opportunity for residents and property owners to comment on the proposed 2023 property tax levy and operating budget. Subsequent to the TNT public meeting, the Council will consider approving a final 2023 property tax levy and budget. Financial or Budget Considerations: This process allows residents an opportunity to provide input or ask questions about the budget and proposed property tax levy. Options: Holding the public meeting is mandatory, but the council can change the date on the attached Resolution if it wishes. Recommendation / Action Requested: Staff recommends holding the public meeting on Monday, December 12, 2022, at 7:00 pm and passing the Resolution as presented. Next Steps and Timeline: Staff will communicate the date and time of the Truth-in-Taxation meeting to Hennepin County so it can be included on the Truth-in-Taxation notices mailed to property owners. Connection to Vision / Mission: This process contributes to sound financial management through public involvement in the process to determine the property tax levy and budget for City services. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 22-080 SELECTION OF THE TRUTH-IN-TAXATION PUBLIC MEETING DATE WHEREAS, Minnesota State law requires local governments to hold public meetings on their proposed budgets and property tax levies; and WHEREAS, it is in the spirit of full and open disclosure of the City’s financial condition to provide as much information as necessary for the City Council, residents, and property owners to evaluate the budget and property tax levy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The Truth-in-Taxation public meeting for property taxes levied in 2022, collectible in 2023, is set for Monday, December 12, 2022 at 7:00 pm. 2. The Finance Director is hereby instructed to transmit the Truth-in-Taxation meeting date information to Hennepin County for inclusion on the parcel specific notices to be mailed in November. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12 day of September, 2022. ATTEST: Jennifer Labadie, Mayor ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-081 A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR THE PROPERTY AT 23100 SUMMIT AVENUE. WHEREAS, the City of Shorewood is a Minnesota municipal corporation operating as a statutory city under the laws of the State of Minnesota; and WHEREAS, the property owners located at 23100 Summit Avenue described as Lot 277 of Auditors Subdivision 135 within the City of Shorewood; and WHEREAS, the property abuts and shares a common property line with Summit Avenue, a platted street within the City; and WHEREAS, the property owner proposes to construct a nonstructural boulder retaining wall partially within the property and partially within the right of way, generally located on the south side of the existing driveway. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby approves the Encroachment Agreement with the property owner of 23100 Summit Avenue. 2. Authorizes the Mayor and City Administrator, on behalf of the City, to enter into the agreement and execute any other necessary documentation to validate the agreement. Adopted by the City Council of Shorewood, Minnesota this 12th day of September 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-082 A RESOLUTION ACCEPTING FINAL IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT FOR THE SHADY ISLAND FORCEMAIN PROJECT; CITY PROJECT 21-02 th WHEREAS, on July 12, 2021, the City Council awarded the contract for the Shady Island Forcemain Project to Minger Construction Co.; and WHEREAS, Minger Construction Co. has completed all work in accordance with the awarded contract; and WHEREAS, Minger Construction Co. is requesting final payment and acceptance of the final improvements; and WHEREAS, Staff has reviewed the estimate, verified quantities, verified completed punch lists, received all applicable close out documents from the contractor, and recommends final payment and acceptance of the project to Minger Construction Co. NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Shorewood hereby accepts the final improvements and authorizes final payment to Minger Construction Co., for the Shady Island Forcemain Project according to the plans and specifications on file in the office of the City Clerk. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of September, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-083 A RESOLUTION ACCEPTING FINAL IMPROVEMENTS FOR THE CHRISTMAS LAKE BOAT LANDING PROJECT; CITY PROJECT 22-05 th WHEREAS, on April 11, 2022, the City Council awarded a contract to Valley Paving Inc. for the Christmas Lake Boat Landing Project; and WHEREAS, Valley Paving, Inc. has completed all work in accordance with the awarded contract; and WHEREAS, Valley Paving, Inc. is requesting final acceptance for the work; and th WHEREAS, the City Council approved the final payment for the project at the July 25, 2022 City Council Meeting; and WHEREAS, Staff has reviewed the project and recommends final acceptance of the project. NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Shorewood hereby accepts final improvements for the Christmas Lake Boat Landing Project according to the plans and specifications on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12 day of September, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2M Title/Subject: Resolution Approving LMCC 2023 Budget Meeting Date: Monday, September 12, 2022 MEETING Prepared by: Ed Shukle, Interim City Administrator TYPE Regular Reviewed by: Meeting Attachments: Resolution and Proposed Budget Policy Consideration: Pursuant to Minnesota State Statutes … Background: We have received a submittal of the proposed 2023 Lake Minnetonka Cable Communications (LMCC) Budget (see attached cover letter and budget). This budget was approved at the August 11, 2022 LMCC Board Meeting. Unfortunately, Mayor Labadie, the City of Shorewood representative to the LMCC Board, was unable to attend the Board meeting so Shorewood was not in attendance at the meeting to review and consider the budget. I was told that no one else from the City would have been eligible to vote on it anyway since Mayor Labadie is the authorized representative to LMCC. LMCC Executive Director Jim Lundberg has asked for approval by each of the cities who are part of LMCC. The proposed budget appears to be in line with past years’ operations. Financial Considerations: The City of Shorewood budget includes its contribution to LMCC. Action Requested: Staff respectfully recommends the city council approve the proposed 2023 LMCC Budget as presented and attached. Motion, second and …(Simple Majority, Majority or Two-Thirds) vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF SHOREWOOD RESOLUTION 22-084 A RESOLUTION APPROVING THE PROPOSED 2023 LAKE MINNETONKA COMMUNICATIONS COMMISSION BUDGET WHEREAS, the City of Shorewood (“City”) is a member of the Lake Minnetonka Communications Commission (“LMCC”); and WHEREAS, the Joint Powers Agreement governing the LMCC requires that an annual budget be proposed and that it shall be adopted unless rejected by a majority of members within 45 days; and WHEREAS, the City Council has reviewed the proposed 2023 LMCC Budget. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the 2023 LMCC budget. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12 day of September, 2022. ___________________________ Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk 2P MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Revised Interim Ordinance (Moratorium) on Sale of Cannabinoids Meeting Date: September 12, 2022 Prepared by: Jared Shepherd, City Attorney Attachments: Ordinance 592 Resolution for Summary Publication Background: On July 25, 2022, the City Council adopted Ordinance No. 590, an interim ordinance, which prohibited the sale of THC Products within the City of Shorewood. That ordinance as in response to recent legislation that allowed the sale of products with Hemp-derived in certain amounts. As noted at the July 25 City Council meeting, the impetus behind the moratorium was the need to better understand the new legislation, its specific requirements, and the potential impacts thereof. That includes an evolving understanding of what type of products specifically legalized by the legislation. Our office has been working to understand the scope of potential intoxicating and non- intoxicating cannabinoids at issue now and in the future. Our office drafted Ordinance No. 590 with the intent to allow the sale of cannabidiol (CBD) products that were legal and ubiquitous prior to the legislation. The definition in Ordinance No. 590, however, inadvertently prohibits CBD products. Ordinance No. 592 corrects that error and provides an express exemption for products that contain non-intoxicating and non-psychoactive cannabinoids, including CBD and CBN, as the primary ingredient and have no more than a trace amount of CBD. Trace meaning, a very small quantity, especially one too small for accurate measurements. This term shows up in the state and in federal regulations. Ordinance 592 also provides an exemption for medical marijuana. Additionally, due to some continued lack of clarity amongst the general public and potential businesses, the ordinance prohibits all other intoxicating or psychoactive cannabinoids, such as HHC. By its terms, Ordinance 592 repeals and replaces Ordinance 590. Recommended Action: Staff recommends that the City Council approve Ordinance 592, a revised interim ordinance, which repeals and replaces Ordinance No. 590, and clarifies the exemption for non- intoxicating, non-psychoactive cannabinoids. Adoption of the ordinance requires a simple majority of Councilmembers. 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. C:\\Users\\bpricco\\Desktop\\2P memo DOCS-#223308-v2-CAF_Memo_-_Ordinance_592.DOCX 223308v2 Staff also recommends the adoption of a resolution approving summary publication. Approval of summary publication requires a 4/5 majority. Publication Notification: Staff posted the ordinance at City Hall and on the City’s website. Additionally, Staff provided the ordinance to the list of individuals who have requested to receive notice of potential ordinances. Staff will attach any correspondence received to date to this memorandum. 223308v2 Ordinance No. 592 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF INTOXICATING AND PSYCHOACTIVE CANNABINOIDS NOW, THEREFORE, the City Council of the City of Shorewood does ordain: SECTION 1. REPEAL/REPLACE. This ordinance repeals and replaces Ordinance No. 590 in its entirety. SECTION 2. BACKGROUND. 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible cannabinoid products that contain Tetrahydrocannabinol, commonly known as THC (“THC Products”). 2. The new law does enact some requirements for labeling and testing, but the law provides no parameters regulating production, compliance checks, or sales of THC Products. The new law does not prohibit local regulation. 3. Since the enactment of the new law, local government and law enforcement remain concerned about legal status and classification of the production, sale, and use of other intoxicating and psychoactive cannabinoids, such as HHC, as primary or secondary ingredients in edible and nonedible cannabinoid products (“Intoxicating Cannabinoids”). 4. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, related to the sales, testing, manufacturing, and distribution of THC Products and Intoxicating Cannabinoids. 5. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on THC Products and Intoxicating Cannabinoids within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine 223272v1 the need for police power regulations, including but not necessarily limited to licensing and permitting. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study THC Products and Intoxicating Cannabinoids and uses and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, and distribution of THC Products, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfares of its residents. 2. The study will allow the City Council to determine the appropriate changes, if any, that that it should make to City ordinances. 3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the sale, testing, manufacturing, and distribution of THC Products and Intoxicating Cannabinoids within the City while City staff studies the issue. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute THC Products and Intoxicating Cannabinoids for twelve (12) months from the effective date of this ordinance. 2. The City shall not issue any license or permit related to THC Products and Intoxicating Cannabinoids for twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, establishment, organization, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products and Intoxicating Cannabinoids within the City of Shorewood shall be accepted or considered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applications related to THC Products and Intoxicating Cannabinoids or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products and Intoxicating Cannabinoids within the City of Shorewood shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. 4. Exemptions: a. This moratorium does not apply to the selling, testing, manufacturing, or distributing of THC Products related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such 223272v1 activity is done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis. b. This moratorium does not apply to the selling, manufacturing, or distribution of products that contain non-intoxicating, non-psychoactive cannabinoids as the primary cannabinoid ingredient, such Cannabidiol (“CBD”) or Cannabinol (“CBN”), and which have no more than trace amounts of THC. SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of THC Products and Intoxicating Cannabinoids within the City of Shorewood. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Shorewood from any potential negative impacts of THC Products and Intoxicating Cannabinoids. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate or, as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City’s general penalty in City Code § 104.01. SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will automatically expire. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. th Passed this 12 day of September, 2022. __________________________ Jennifer Labadie, Mayor ATTEST _____________________ Sandie Thone, City Clerk 223272v1 RESOLUTION 22- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A SUMMARY PUBLICATION OF INTERIM ORDINANCE 590 REGARDING A PROHIBITION ON THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS WHEREAS, at a duly called meeting on July 25, 2022, the City Council of the City of Shorewood adopted Ordinance No. 592 entitled "AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF INTOXICATING AND PHYCHOACTIVE CANNABINOIDS" pertaining to passage of a Minnesota Statute §151.72; and WHEREAS, the City Council adopted a lengthy interim ordinance to halt such activities as allowed by Minnesota Statute 412.221 Subd. 32 to allow time for study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting; and WHEREAS, the purpose of this summary is to inform the public of the intent and effect of the interim 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 publication of the above title and Sections 3, 4, 6 and 7 of Ordinance No. 592 clearly informs the public of the intent and effect of the Ordinance. 2. 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 12 day of September, 2022. Jennifer Labadie, Mayor Attest: Sandie Thone, City Clerk RESOLUTION 22-085 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A SUMMARY PUBLICATION OF INTERIM ORDINANCE 590 REGARDING A PROHIBITION ON THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS WHEREAS, at a duly called meeting on July 25, 2022, the City Council of the City of Shorewood adopted Ordinance No. 592 entitled "AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF INTOXICATING AND PHYCHOACTIVE CANNABINOIDS" pertaining to passage of a Minnesota Statute §151.72; and WHEREAS, the City Council adopted a lengthy interim ordinance to halt such activities as allowed by Minnesota Statute 412.221 Subd. 32 to allow time for study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting; and WHEREAS, the purpose of this summary is to inform the public of the intent and effect of the interim 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 publication of the above title and Sections 3, 4, 6 and 7 of Ordinance No. 592 clearly informs the public of the intent and effect of the Ordinance. 2. 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 12 day of September, 2022. Jennifer Labadie, Mayor Attest: Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-086 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE STRAWBERRY LANE RECONSTRUCTION PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS CITY PROJECT 19-05 WHEREAS, on April 26, 2021, the City Council authorized the preparation of Plans & Specifications for the Strawberry Lane Street and Utility Improvements project, including watermain, City Project 19-05; and WHEREAS, the City will continue to acquire easements and right of entry agreements with property owners to accommodate drainage, grading, staging, tree removal, landscaping, and other misc. impacts as needed for the project; and WHEREAS, the project is included in the 2022 Capital Improvements Plan and will fund the project through a combination of Street & Utility Bonds, Water Funds, Sanitary Funds, and the Stormwater Funds; and 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 hereby approves the Final Plans & Specifications for the Strawberry Lane Reconstruction project and authorizes advertisement for bids. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12 day of September, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A Title/Subject: Tobacco License Violations MEETING TYPE Meeting Date: Monday, September 12, 2022 Regular Meeting Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Jared Shepherd, City Attorney Policy Consideration: Pursuant to Shorewood City Code Chapter 302 Sale of Tobacco, Section 302.03 no person shall sell or offer to sell any tobacco, or tobacco-related device without first having obtained a license to do so from the city. Background: Bakr Alkarkhi currently holds a license to sell tobacco in the City of Shorewood at Cowboy Tobacco located at 19905 State Highway 7. The City of Shorewood received notification from the South Lake Police Department that four (4) citations were issued to Cowboy Tobacco for selling tobacco or tobacco-related devices to a person under 21 years of age. On August 18, 2022, Alkarkhi was sent a letter via certified mail informing him of the violations, his right to a hearing, and a fine in the amount of $775.00 to be paid within 15 days of the date of the letter (see attached). On August 26, 2022, Alkarkhi, paid the fine of $775.00 and did not contest or appeal the violations. He informed us he was in the process of selling his business. Shorewood City Code, Section 302.13 Penalties, Subd. 1. Licensees. Any licensee found to have violated this chapter, shall be charged an administrative fine. In addition, after the third offense, the license shall be suspended for not less than seven days. Financial Considerations: Administrative fines paid in the amount of $775.00. Action Requested: Staff respectfully recommends the city council suspend Cowboy Tobacco’s Tobacco License for the period of seven (7) days as required by Shorewood City Code for violation of Shorewood’s Tobacco Code 302 selling to a person under 21 years of age. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 952.960.7900 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us August 18, 2022 Bakr Alkarkhi Cowboy Tobacco 19905 State Highway 7 Shorewood, MN 55331 RE: TOBACCO LICENSE VIOLATION NOTICE OF ADMINISTRATIVE PENALTY AND POSSIBLE SUSPENSION OF LICENSE Dear Mr. Alkarkhi: The City of Shorewood received notification from the South Lake Minnetonka Police Department that four (4) separate citations were issued; two on June 3, 2022 (Citation #27072022002976 and 2702022002973) and two on July 12, 2022 (Citation # 2702022003571 and 2702022003570). All four (4) citations were issued to Bakr Alkarkhi, the owner of Cowboy Tobacco, for selling tobacco or tobacco related devices to a person under 21 years of age, MN Statute §609.685.1a(a). Pursuant to Shorewood City Code Chapter 104 Administrative Enforcement of Code Regulations, please consider this your Administrative Notice for four separate code offenses pertaining to the Sale of Tobacco to a minor, Shorewood City Code Chapter 302. . If you wish to contest and appeal these violations, you must request an appeal to a hearing officer in this matter, in writing, within ten (10) days. The Shorewood City Code calls for tobacco license violation administrative penalties as follows: $75/first offense in 24-month period $200/second offense in 24-month period $250/third offense and each thereafter in 24-month period Four (4) Citations have been issued to Cowboy Tobacco in the 24-month period, and an administrative penalty of $775 is being imposed on Cowboy Tobacco for the violations. Absent an appeal, you must submit payment within fifteen (15) days. Failure to submit payment within fifteen (15) days may result in suspension of your Tobacco License. Please feel free to refer to Shorewood City Code Chapter 302 or contact me with any questions. Sincerely, Sandie Thone, City Clerk cc: Shorewood City Council, City Administrator, City Attorney, South Lake Minnetonka PD CITY OF SHOREWOOD RESOLUTION NO. 22-087 ADOPTING THE PRELIMINARY 2023 GENERAL FUND OPERATING BUDGET AND PROPERTY TAX LEVY WHEREAS, City staff have presented the preliminary 2023 budget and property tax levy at a work session in August 2022; and WHEREAS, the City Council has reviewed the budget and property tax levy and made modifications to each that reflect desired community service levels; and WHEREAS, the City Council is required to approve and certify the proposed 2023 preliminary property tax levy to the Hennepin County Auditor by September 30, 2022; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The 2023 Preliminary General Fund Budget is hereby set at $6,076,263. 2. $6,510,948 is to be levied for 2022 ad valorem property taxes, collectible in 2023 upon all taxable property in the City of Shorewood. Individual fund property tax levies are as follows: General Fund $5,364,018 Debt Service Funds (City): 2020A G.O. Street Reconstruction Bonds $230,487 2021A G.O. Street Reconstruction Bonds $312,806 2022A G.O. Street Reconstruction Bonds $234,637 Capital Project Funds: Equipment Replacement $123,000 Street Improvements $123,000 Park Improvements $123,000 $6,510,948 3. The Finance Director is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of September, 2022. __ ATTEST: Jennifer Labadie, Mayor _____________________________________ Sandie Thone, City Clerk time to discuss if the City Council wishes to make any revisions to the job description or would like Staff to research comparable job descriptions from other cities of similar size to see if there would be anything we would like to consider changing within the job description, job title or job qualifications. Staff will attempt to bring this information back to the next City Council meeting on September 26, 2022. Action Requested: Staff respectfully recommends the city council accept the resignation of Larry Brown, effective December 28, 2022 and provide direction for recruitment to fill the position. Motion, second and simple majority vote required. September 6, 2022 Ed Shukle, Interim City Administrator Mayor Jennifer Labadie RE: Letter of Resignation Dear Ed and Jennifer: Please accept this letter as my resignation from the City of Shorewood. After 27 years, it is time to move into the next chapter of my life. I have been very honored to serve the many Mayors, City Councilmembers, City Staff, and the residents of the city, during my time here. I have considered my position a great opportunity to be part of a team that keeps and maintains the city in good working order. I realize that this notice comes at a time where there are many staff changes taking place. Hence why I am giving the city a prolonged notice, to ensure that there is a smooth transition and transfer of information for the new Director of Public Works. My last day of employment will be December28, 2022. Thank you again for the opportunity to have served the City of Shorewood. Sincerely, Larry Brown, PE Director of Public Works _____________________________________________________________________ POSITION TITLE: Director of Public Works DEPARTMENT: Public Works ACCOUNTABLE TO: City Administrator SUPERVISES: City Engineer, Light Equipment Operator, Shop Technician, Utilities Lead Supervisor, Utility Operator, Seasonal Public Works Employees _____________________________________________________________________ OBJECTIVE AND SCOPE Responsible for planning, organizing, directing and coordinating the construction, operation and maintenance of Streets, Parks, Water, Sanitary Sewer, and Storm Sewer facilities, including lift stations, ponds, wells, and water towers. ESSENTIAL FUNCTIONS OF THE POSITION A. Serves as Director of Public Works 1. Must be able to work cooperatively with others, even during emergencies and challenging situations, maintain a positive work attitude, and not negatively impact the morale of others. 2. Must maintain an attitude of respect and professionalism at all times. B. Oversees Streets and Parks. 1. Plans, directs, and oversees the maintenance of municipal streets and parks including scheduling of patching, snow and ice removal, storm water pipes, ditches, and wetland systems, and sweeping of City streets and parking lots. 2. Ensures proper and timely maintenance of traffic signal systems. 3. Ensures proper maintenance and operations of all equipment and buildings. C. Oversees Utility Divisions January 2013 1 1. Coordinates and oversees the activities of the Utility division, including the operation and maintenance of the City’s drinking water and sanitary sewer systems, including water tower painting, replacement of pumps, lift station systems, inflow/infiltration control and database management. D. Budget and Planning Responsibilities 1. Coordinates preparation of the 5-year Capital Improvement Program related to utilities and equipment purchases. 2. Ensures approved equipment and utility projects in the CIP that are completed on time and on budget. 3. Develops, administers, and monitors the annual public works operating budgets. 4. Prepares and implements long range plans for the Department. 5. Provides leadership in efforts to streamline, improve, and seek continuous improvements. E. Project and Program Management 1. Coordinates Safety Programs including mandated OSHA training and certification, equipment safety inspections, development and documentation of department standard operating procedures, coordination of monthly department safety program meetings, oversees department policies, procedures, and practices to ensure safety and efficiency. 2. Responsible for maintenance of the City’s emergency preparedness communications systems, including emergency generators, radios, alarms, and outdoor warning sirens. 3. Coordinates planning and response for emergency management for the Department and works closely with the Emergency Management Director to prepare and respond to emergencies and critical events. 4. Monitors department operations to ensure compliance with applicable laws, regulations, rules, policies, and ordinances. 5. Consults with staff on operations to determine work progress, changing priorities, problems, hazards, safety, and materials and equipment needs. 6. Responsible for maintenance of complete and accurate department records. 7. Receives, investigates, and responds to resident concerns and complaints in a timely manner. January 2013 2 F. Serve as Committee Representative 1. Represents City in intergovernmental matters, including MnDOT, Hennepin County, Metropolitan Council and other agencies of Local, State, County or Federal government. 2. Attends City Council meetings and other meetings as requested. G. Performs other duties as apparent or assigned SUPERVISORY RESPONSIBILITIES Supervises employees in the Department either directly or through subordinate supervisors. Responsible for the overall direction, coordination, and evaluation of this unit. Carries out supervisory responsibilities in accordance with the City's policies and applicable laws. Responsibilities include interviewing; training; planning, assigning, and directing work; evaluating performance; rewarding; disciplining; suspending; transferring; adjusting grievances; addressing complaints and resolving problems of employees. Responsibilities also include the ability to effectively recommend: hiring, promoting, demoting, and discharging of employees. EDUCATION and/or EXPERIENCE Bachelor's of Science (B.S.) Degree in Civil Engineering, seven years of progressively responsible related municipal experience and/or training; or equivalent combination of education and experience. OTHER KNOWLEDGE, SKILLS AND ABILITIES  Ability to read and interpret documents such as safety rules, operating and maintenance manuals, technical and procedure manuals.  Ability to prepare reports and correspondence.  Ability to give presentations before City Council, other agencies, groups of customers; and employees.  Ability to maintain records, complete forms, and prepare reports.  Ability to create and analyze statistical data.  Ability to communicate effectively with other staff, elected and appointed officials, consultants, regulatory agencies, contractors, media, and the general public.  Considerable ability to determine short and long-term goals and establish procedures.  Ability to make arithmetic computations using whole numbers, fractions and decimals.  Ability to compute rates, ratios and percentages.  Ability to calculate volumes, grades, elevations, etc. for projects.  Ability to use scales to scale plans, maps, elevations, etc.  General knowledge of computer operations and software programs, including Word and Excel. January 2013 3  Knowledge of municipal public works maintenance operations including streets, sewer and parks maintenance, shop and equipment repairs.  Ability to interpret plans and specifications for construction projects.  General knowledge of equipment and products utilized in Department.  Knowledge of MNDOT, State, County and local laws and ordinances.  Knowledge of OSHA rules and regulations.  Knowledge of the “Employee Right to Know – Material Safety Data Sheets and Information”.  Knowledge of GIS mapping and engineering for construction projects.  Ability to be available evenings and weekends to respond to and assess off-hour work requirements of department, including weather related conditions. CERTIFICATES, LICENSES, REGISTRATIONS Valid Minnesota Class D Drivers License or become so licensed within 6 months of employment. In compliance with the American With Disabilities Act the following represents the Physical and Environmental Demands: The position requires an equal amount of time spent standing, walking, and sitting. Lifting, pushing/pulling, or carrying objects weighing up to ten (10) pounds is regularly required, with a maximum of one hundred (100) pounds occasionally required. Climbing, stooping, kneeling, crouching, crawling, twisting, and bending are sometimes required. Repetitive movements of the hands are sometimes required. Audio, visual, and verbal functions are essential functions to performing this position. While performing the duties of this job, the employee frequently works in outdoor weather conditions. The employee occasionally works near moving mechanical parts; in high, precarious places; and is frequently exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock. The employee is occasionally exposed to wet and/or humid conditions, extreme heat; and vibration. January 2013 4