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11-28-22 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 28, 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 November 7, 2022 Minutes B. City Council Work Session Minutes of November 14, 2022 Minutes C. Municipal Canvas Board Meeting Minutes of November 14, 2022 Minutes D. City Council Regular Meeting Minutes of November 14, 2022 Minutes E. Approval of the Verified Claims List Claims List F. Approve Permanent Appointment of Matt VanLith, Director of Public Works Memo Public Works Light Equipment Operator G. Accept Donation from Minneapolis Southwest Lions Club Parks/Rec Director Memo For Diabetes Emergency Kit to SCEC Resolution 22-119 H. Approve Assessment Agreement for Water Connection Finance Director Memo Resolution 22-120 I. Approve Holiday Schedule City Administrator Memo CITY COUNCIL REGULAR MEETING AGENDA Page 2 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. PARKS A. Report by Commissioner Hirner on 10-25-22 Park Commission Meeting Minutes 5. PLANNING A. Report by Commissioner Riedel on 11-15-22 Planning Commission Minutes Meeting B. Review Conditional Use Permit for Antenna Collocation Planning Director Memo Applicant: SMJ International on behalf of ATT Resolution 22-121 Location:24283 Smithtown Road C. Review Concurrent Detachment/Attachment with Chanhassen Planning Director Memo Applicant: Carl Zinn Resolution 22-122 Location: North ½ of 6200 Cardinal Drive (3411723440052) Resolution 22-123 Ordinance 22-595 Resolution 22-124 6. GENERAL/NEW BUSINESS 7. STAFF AND COUNCIL REPORTS A. Staff B. Mayor and City Council 8. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 7, 2022 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson (via video-conference) Labadie, Siakel, Gorham, and Callies; Interim City Administrator Shukle; Planning Director Darling; Director of Public Works Brown; and, Parks and Recreation Director Crossfield Absent: None B. Review Agenda _Callies_ moved, _Gorham_ seconded, approving the agenda as presented. Motion passed 4/0. 2. INTEGRATED PESTICIDE MANAGEMENT PLAN (IPM) PHASES 1 AND 2 Planning Director Darling reminded the Council that the City had contracted with the IPM Institute of North America to prepare a guiding document regarding alternatives to the use of chemicals or pesticides for City owned facilities and grounds. She noted that as the City moves forward it is important to have a clear approach in addressing this issue, but also recognize that it will involve additional labor, costs, and other tradeoffs by having such a policy. She reviewed the list of questions for Council to consider as they are reviewing the materials being presented. She introduced Ryan Anderson, IPM Institute of North America and Alec McClennan and Sydney Leziac of Good Nature Organic Lawn Care/Midwest Grows Green. Mayor Labadie noted that tonight’s meeting is informational and not for citizen input, but assured residents that this would not be the last time this item would be in front of the Council. Ryan Anderson, Sustainable Communities Manager, IPM Institute of North America, gave a brief overview of IPM Institute and noted that he feels that there are various tools that can be used to control pests and weeds, with pesticides being used as a last resort. He gave a presentation that outlined the three phases of their Technical Assistance Program (TAP): Phase 1 – Sustainable Landscaping Audit; Phase II – Three Year Sustainable Landscape Management Plan; Phase III Implementation of Audit and Plan Recommendations. He reviewed the City’s pollinator policy and outlined the best management practices and areas that had room for improvement for each clause. He reviewed the types of pesticide products that the City has used. Mr. Anderson explained the idea behind prioritizing and classifying the fields based on the visibility of the park, foot traffic for the park, and the communities expectations. He outlined the different categories and explained which parks were in each category and what cultural management practices would be used in each as well as the use of data points for product purchasing. He CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 7, 2022 Page 2 of 8 stated that the Phase I recommendations are to prioritize the fields, increase cultural controls, and use data for fertility needs and weed control. He stated that there are additional recommendations within the report for non-turf grass areas with what IPM refers to as a flywheel weed management approach. He gave an overview of some ways the flywheel approach could be applied to the algae growth at Manor Pond, buckthorn control, pollinator friendly zones, and emerald ash borer. Councilmember Gorham asked about timing for all of the recommendations that are being made because they are now basically into the winter months. Mr. Anderson confirmed that the City had missed the overseeding and aeration window of time for the fall, so they would now recommend that the efforts begin in the spring with things related to turf grass management. Alec McClennan, Good Nature Organic Lawn Care, gave a presentation regarding their assessment of the City parks and recommendations moving forward. He gave an overview of various turf maintenance styles including traditional, organic and pesticide free. He explained that it is possible to have a nice field without resorting to pesticide use and reviewed ways to mow properly, feed the soil, and seed regularly. He explained that they had tested all the City’s fields with both a nutrient and a physical analysis. He stated that the soil tended to be high in magnesium and calcium, have low potassium and phosphorus, and reviewed ways that the soil could be fed. He reviewed the best time to seed, how overseeding can be accomplished, and what type of seed works well. He noted that they are suggesting that the City add slit seeding to their operations and reviewed some of the benefits of also seeding with micro-clover as a way to be more pollinator friendly. He explained some of the options for reclassification of parks/fields and reviewed some of the budget considerations for pesticide free or treating fully organically for the current categories compared to their suggestions. He stated that there are benefits and challenges for the Council to consider with alternative ways to take care of the fields. Councilmember Gorham asked Mr. McClennan to review the spreadsheet information that outlined their recommendations. Mr. McClennan reviewed the options and estimated costs for the City fields in using either full organic, pesticide free, as well as the option of micronutrient treatments. He noted that they are flexible and the plan can be gone through on a field by field basis and the City can pick and choose how each should be treated based on their budget. Mayor Labadie thanked Mr. McClennan for his presentation and noted that it was very understandable, but noted that there was a lot of information shared with the Council that will need to be digested. She asked if Park Commissioner Levy would like to make any comments to the Council. Commissioner Levy stated that she was here just to observe the meeting. Mayor Labadie asked staff to weigh in with their thoughts on the information that has been presented. Public Works Director Brown stated that he has one minor correction to the report. He noted that the report stated that the City did not have irrigation in their parks, but explained that there were considerable areas in Freeman Park that do have irrigation. He stated that he felt the CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 7, 2022 Page 3 of 8 recommended plan looks good from a methodical standpoint, but noted that he felt the ‘hurdle’ for this will be related to finances and manpower. Mr. McClennan noted that there is definitely more manpower that is necessary for this kind of approach and noted that they have worked with cities in the past who have been able to get grant funding for sustainable turf care that has funded their initial expenses. Mayor Labadie stated that one reality of the current economy is difficulty with the labor shortages and many of the recommendations do involve a lot of manpower. Mr. Anderson recommended taking a look at www.lawnandland.org and referenced an example of a manager in Chicago who found out that they saved money by contracting the mowing rather than having staff do the work. Mr. McClennan stated that it would not be a cost savings, but if finding manpower is a problem, the City could also look into robotic mowers. Planning Director Darling stated that the information presented by Mr. Anderson and Mr. McClennan was a very thorough look at the City’s practices. Mayor Labadie noted that the report put together by Planning Director Darling included some potential next steps for the Council to consider such as holding another Work Session meeting, holding a listening session for public comment, or formal adoption. She stated that, in her opinion, she did not think the City was anywhere near being ready to formally adopt anything yet. Councilmember Callies stated that she liked the idea of prioritizing the fields, the cultural controls, and using data points. She stated that a big concern she has is that this is being driven by the Bee Friendly resolution that was passed in 2014. She noted that both of the consultants talked about flexibility and ultimate goals for the City and the recommendations were not ‘must’ do, however, the way the resolution is written, it does not allow for any middle ground because it is a zero tolerance resolution that she feels has had unintended consequences. She stated that in hindsight, it would have been a good idea to have this study before the resolution and stated that she did not think it was fair to staff to maintain the resolution in its current form as ‘must have zero tolerance’ policy. She reiterated that both consultants also said that there can be an ultimate goal that the City can strive to achieve, but it does not have to be done today or tomorrow. She stated that in terms of the big picture, she feels the resolution should be changed and worded in a different way so that the City can work towards the goal of reducing the use of chemicals. Mr. McClennan stated that their pesticide free approach would comply with the existing resolution. Councilmember Callies stated that she did not think the language in the resolution would support the approach that was being discussed with recategorizing certain areas of the parks. She stated that she did not intend to just dwell on the resolution, but feels that it is a significant factor in how the City got to where it is today in looking at this issue. She reiterated that she feels that there needs to be a new resolution so the City can apply the policies in a more appropriate manner. Mayor Labadie noted that at the time the resolution was passed she was on the Council along with Councilmembers Siakel, Johnson, and former Mayor Scott Zerby, who was present in the audience tonight. She stated that when it was passed, Shorewood was the first City in the State to pass any type of ‘bee-safe’ resolution. She noted that it is quite common that codes and CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 7, 2022 Page 4 of 8 resolutions are reviewed and modified over time. She stated that this this resolution has not been modified since 2014, but agreed with the interpretation of Councilmember Callies of the existing resolution and thinks looking at the resolution would be worthy of a discussion. Councilmember Siakel stated that she did not see an issue in amending the resolution and believes what Councilmember Callies has stated is accurate and would agree that there had been some unintended consequences that have come from the resolution. She noted that the intent and the reasons that the City had the resolution in the first place are still valid, but would agree that taking another look at the resolution may be a good thing. She asked about the emerald ash borer chemical treatments and who was applying the product. Public Works Director Brown stated that Davey Tree is applying the product for the City under a contract. Councilmember Siakel stated that it is done every year, but they are telling the consultants that it is good for three years. She stated that it may be a good idea to dust off and make sure there is a good understanding of where things are with regard to the tree inventory for the next five years. Public Works Director Brown explained that what they try to do is select thirty specimen ash trees that they want to save each year and are not injecting the same tree every year. Councilmember Siakel stated that she understands that tonight’s meeting is to just review the information, but she would like to, at some point, hear from the public. She stated that there is a lot of change happening within the City with the retirement of Public Works Director Brown and the search for a new City Administrator and agreed that this may be the time to consider whether the City brings someone in to do the mowing and application. Councilmember Gorham stated that he wants to be careful with changing the language of the resolution because it almost makes it look like the City cannot comply, so they just want to make the language looser. He stated that he feels both Mr. Anderson and Mr. McClellan have given the City recommendations on how they can reduce the danger levels. He stated that as long as the language is carefully constructed where the City is still not using systemic pesticides, he would be in support of taking a fresh look at this resolution. He stated that his biggest issue is with implementation because they have to look at costs, including the possible slit seeder and a possible mowing contract, which means that what has been presented is not quite the full picture of the cost. He noted that he would like to see more robust input from Public Works on what this proposal really is to help inform the decision making around a possible levy for these costs. He stated that he suspects that when this moves forward that there will be a lot of trial and error and asked how staff would be trained. Councilmember Callies asked if there was anybody available locally so the City did not have to pay for a consultant to come in from out of State. She stated that she did not mean to imply that Mr. McClellan had not done a great job thus far, but feels that they should take a look and see if there is someone that does not have to be flown in for this work. Mr. McClellan stated that he believes that there are folks near the City that could be contracted out to do much of the work. He noted that the benefit that he can provide is to be an impartial sounding board for the City on the turf side of the equation. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 7, 2022 Page 5 of 8 Mayor Labadie noted that she believes every Councilmember who has spoken on this has shared that they are interested in getting input from the public. The Council discussed getting public input via an Open House type format with the consultants present and the possibility of holding another Council Work Session. Mr. McClellan suggested that they work with the appropriate staff member to take the framework that they have put together and put it into a concrete picture for pricing and what they would like to do and then the public can comment on that. He stated that in its current form, there are a lot of options presented that don’t allow for there to be a firm budget number which would be hard for the public to comment on. The Council discussed the possibility of holding another Council Work Session to review the resolution language and set the parameters for what the public would be commenting on. Mayor Labadie asked if there was anyone from the public that would like to comment and give the Council input on what direction they would like to see the City focus on based on what had been presented this evening. Jeff Dinsmore, 5805 Minnetonka Drive, stated that he thinks, before the Council has another work session, that they should have some public input. He stated that one of his thoughts is to make sure that they are coming at this from a bit higher level and consider the philosophy behind this way of looking at things more holistically. He stated that with regard to ash trees, his big question is why the City was treating them for cosmetic reasons and with systemic pesticides, because then they stop being part of the natural ecosystem and can do harm to parts of what is around them, in terms of wildlife. Patricia Houser, 5805 Minnetonka Drive, stated that when they originally presented the resolution, they never called it ‘Bee-friendly’, they called it ‘Bee-safe’ and their hope was that it would help the community. She stated that she would like the City to go back and revisit why they talked about systemic pesticides. She stated that the information presented by Mr. Anderson and Mr. McClellan has been really good but she would like there to have been a focus on the meaning of ‘systemic’. She stated that regarding the treatment for emerald ash borer she feels it is very harmful and does not do a service to the City in the long run. She stated that she thought the information presented by Mr. McClelland was excellent and was a way to look at how the City can do this over the long term. She stated that she felt that it would really have a positive impact on the health and safety of children as well as insects and pollinators. She stated that she strongly recommends that the City spend time really figuring out how to do this and, if not, they should not say that this is a ‘Bee-safe’ City. Mr. Anderson stated that regarding the resolution, he feels that there is still value in having those end goals and noted that he really wanted to stress Clause #6 that is an annual ‘progress’ report. He stated that he believes that was included because it most cases you are not able to simply go ‘cold turkey’ on the use of pesticides. He stated that with regard to the question of bringing in outside consultants, he wanted to clarify that the City had a signed contract with them for all three phases. Mayor Labadie stated that she feels the Council should take a look at the language of the existing resolution but noted that it may be a good idea to wait until the new Councilmembers are involved. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 7, 2022 Page 6 of 8 Councilmember Callies agreed that this will take time and explained her concern with the resolution in its current form. She explained that she did not think that needed to await the new Councilmembers and felt it could be on an upcoming agenda. Councilmember Gorham stated that he feels it makes sense to wait because there are about to be two new Councilmembers, a new City Administrator and a new Public Works Director. Councilmember Siakel disagreed and noted that it is really just a handful of words and the amendments would not change the intent. Mayor Labadie asked staff to put discussion of the resolution language on an upcoming agenda. Councilmember Callies offered to work with staff on some proposed language amendments for the resolution. Councilmember Gorham stated that he feels this is something that should also have resident input. Councilmember Callies noted that she was talking about making fairly small changes to the language and shared examples of where she would like to see some language changed. Mayor Labadie stated that she agreed that the Council should look at the resolution and noted that she had also flagged some things within the resolution, but upon further thought, she agreed with Councilmember Gorham that it needs more discussion before it is put on an agenda for action to be taken. She stated that she would like to see it put on a Work Session and allow for resident comment on it before it is on a regular agenda for action. Councilmember Callies noted that a work session is not a public hearing and feels that perhaps the Council is beating this issue a bit too much. Councilmember Siakel stated that if the proposed language amendments are discussed by the Council in an open forum, she asked what the difference would be discussing it at a Work Session versus a regular Council meeting. Councilmember Gorham expressed concern that if this comes back before the Council with ‘cooked’ language amendments, it makes it seem like it is already a done deal and without community input, he feels it will not go anywhere. Councilmember Callies stated that she would disagree with the characterization of ‘cooked’ language. She stated that her point that she is bringing up is that she does not believe the resolution accurately reflects what the circumstances are today and reiterated that she believed that there had been some unintended consequences from it and she felt the language of the resolution should match what the City is actually doing. Scott Zerby, 5680 Christopher Road, stated that he co-founded this resolution along with Ms. Houser when he was the mayor. He explained that the importance was on looking at the health of residents and that had started with the idea of the bees being at the bottom of the food chain. He stated that he believes that what Councilmember Callies may be reaching for is to try to put ‘best practices’ into the resolution. He noted that he thought the resolution was a stepping stone towards broader things and he appreciates the Council’s interest in continuing that approach. He CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 7, 2022 Page 7 of 8 stated that the money this Council has invested in the IPM program is astounding and impressive, however, he felt that putting best practices into the resolution does not put any onus on anyone because nothing would actually be done. Councilmember Gorham stated that he does not feel as though the City has really tried to meet the spirit of the language in the resolution. He stated that he questions changing the language without having at least tried to meet it. He explained that he did not like the idea of lowering the bar nor did he feel creating more gray areas was necessary. He stated that he would like to give it a try and if, by year three, the City finds that it is unsustainable, then they can take another look at the language. Mayor Labadie stated that in her opinion, as an attorney, the existing language is too strict for the City to be able to implement most of the things that the consultants were talking about in their presentations. Councilmember Siakel stated that as former Mayor Zerby stated, the original resolution was a start and intended to be a stepping stone. She stated that she is in favor of proposing some new language and having the Council discuss it and does not think there needs to be a lot of meetings added to the calendar. Councilmember Callies noted that if the proposed changes are on the agenda and it does not receive a second, then it would not go anywhere. She stated that she did not feel it is right to have a resolution in place that does not at all allow for any use of pesticides anywhere in the City. Ms. Houser noted that it did not say that and stressed the importance of the word ‘systemic’. Mayor Labadie stated that this needs more discussion, and asked staff to include it on an upcoming agenda. Councilmember Gorham asked if there would be public comment on the topic. Planning Director Darling stated that typically the Council does not take comment for non-public hearings, but they could gather public input prior to the meeting for example a survey or invite them to e-mail. Councilmember Gorham stated that he does not want to see this go to something like Survey Monkey because he feels it seems bigger than that. He suggested that the Council spend time at a work session working on the language and then have it available for public comment. Councilmember Siakel stated that she felt the Council was over complicating this issue. Councilmember Callies stated that she did not feel that this was proposing a major policy change. Councilmember Gorham disagreed and stated that he felt making that kind of change could be considered a major policy change because the City was a landmark City when this resolution was adopted. He stated that it is on the website and is very important to people. Mayor Labadie suggested that this item be put on a short work session with the hope that when it is put on the agenda that all five Councilmembers can be present. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 7, 2022 Page 8 of 8 Councilmember Gorham stated that he would like to suggest a thirty minute work session, an opportunity for public comment, and then an agenda item for a vote. Councilmember Callies asked if he meant that he wanted to hold three separate meetings on this topic. Councilmember Gorham stated that was his suggestion and noted that he felt the work session would be very short. Mayor Labadie noted that the Council had also discussed the possibility of holding an Open House for implementation of the larger plan from IPM and involvement of consultants. She asked if Public Works Director Brown and Planning Director Darling could work with them on honing in on some of the details prior to getting public comment. Public Works Director Brown stated that from his back of the napkin calculations, to step into this program and look at equipment and material costs the $45,000 that is budgeted for next year is clearly not going to be enough. He stated that he thinks they can work to get their arms around the cost and ask Finance Director Rigdon about what impact that will have on the levy. He stated that they may need to take a look at how they can step into this with their financial limitations right now and implement this over time. Councilmember Callies noted that his use of the term ‘implement over time’ suggests that it is a progression which is not what is in the current resolution language. Mayor Labadie stated that her understanding of the direction being given was that staff would work with the consultants and narrow down various aspects of the program that can be discussed more thoroughly and be presented to the public. 3. ADJOURN Gorham moved, Callies seconded, Adjourning the City Council Work Session Meeting of November 7, 2022, at 8:56 P.M. Motion passed 4/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 14, 2022 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Labadie, Siakel, 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: None B. Review Agenda Callies moved, Siakel seconded, approving the agenda as presented. All in favor, motion passed 5/0. 2. ADMINISTRATION DEPARTMENT REORGANIZATION Interim City Administrator Shukle noted that another Council packet had been left on the dais prior to the meeting because some of the copies that were sent out in the original packet had not copied correctly. He gave an overview of past discussions regarding a proposed reorganization plan for the Administration Department which came about as a result of the resignation of former Communications/Recycling Coordinator Julie Moore. He noted that when this was brought up to the Council the direction was to hold more detailed discussion at a Work Session which is why it was on tonight’s agenda. He reviewed the various options and possible reorganization that he and City Clerk/HR Director Thone had considered for filling this vacancy and explained that their proposal would allow for advancement for some existing employees. He explained that the intent was not for the proposed changes to seem rushed and apologized if that was the impression the Council had received. He stated that they were trying to address the workload of the Administration Department and explained that staff was stretched thin right now. He noted that if the City does not opt to move forward with this reorganization plan, the City Council will have to consider posting the Communications/Recycling Coordinator position. He stated that staff feels the proposed reorganization is a good plan and noted that the overall budget impact is just a bit over $11,000. Mayor Labadie thanked Interim City Administrator Shukle and City Clerk/HR Director Thone for the time that they have put into this proposal. She asked that Council focus their discussion on giving staff direction on this proposal. She stated that at the last Council meeting, the Council had given additional direction to staff to allow an existing staff member to pick up more hours but noted that they did not specify the rate of pay/compensation and those actions ended up causing stress amongst the office staff. She stated that what has been presented appears to be an all or nothing kind of reorganization and affects four members of the current staff and one vacancy CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 2 of 6 which is essentially one-fifth of the City’s staff. She expressed her concern with the possible restructure and shift in the job duties and noted that she was not sure that the existing employees wanted this change or not. She reviewed some of the duties and actions for the vacant position that need to be addressed in a timely manner such as grant processing, newsletter, City website and social media commentary. She asked that the Council be delicate with their comments since this includes current and former staff members. Councilmember Callies stated that her initial concerns about this proposal are that she does not think the Council has much more information than they were presented with at the Council meeting when it was first brought up and was surprised to see it back on the agenda so soon because she thought the Council had given direction for this to come back to the table when the new City Administrator is on board. She stated that this is a major reorganization that involves a lot of staff members and while she thinks it is a good idea to give opportunities for people to be able to move up through the City’s system, she remains concerned about the process. She noted that the information shared by Mayor Labadie regarding the duties and actions that need to be addressed for the vacant position, have not been shared prior to this evening. Mayor Labadie noted that another thing to keep in mind is that there was one front desk member out on medical leave followed by the election and staff has stepped up and filled in the gaps. She stated that she is worried about staff feeling burnt out. Councilmember Gorham stated that with the City so close to having a new City Administrator, he feels that both he and Councilmember Callies feel that it made sense to wait to consider this change until that individual could be involved. He stated that there is the possible thought process that it may be better for the Council to take a look at this in order not to place the new City Administrator in the position of being the ‘bad guy’ without knowing the employees and the full situation yet. Councilmember Callies stated that also brings to mind the point that the Council had discussed having the new City Administrator start sooner and explained that she was not sure why there is a delay. Mayor Labadie asked that the Council keep their comments related to this issue. Councilmember Callies explained that she feels the two are related because of the timing. She noted that if the new City Administrator was able to start a few weeks earlier, then some of this could be dealt with then. Councilmember Siakel stated that one thing she feels has not changed is the population of the City. She stated that she is not sure what things staff has been working on that has them so overwhelmed, but acknowledged that there have been a lot of data requests that have come in. She stated that she believes the issue of burn out can be found across the board in just about every industry and noted that, to her, this proposal seems very complicated for something that should be pretty simple. She stated that the people that are at the front desk are the face of Shorewood and all residents really want is a smile and someone who is helpful. She does not think having two people up there that are really entrenched should ever change. She noted that she was concerned that this proposed reorganization dilutes the responsibilities of the Communications person. She noted that if Miechelle wanted to become full-time she did not understand why she would not just apply for this vacant position. She stated that when the City made the change to have more of an HR function with the City Clerk position was because of CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 3 of 6 past problems with records and was not intended to have an HR Administrator function. She stated that she needs a more convincing explanation of ‘why’ the City should make these changes and noted that she does think the compensation issue needs to be a separate issue from the overall organization. She explained that she appreciated the thought and work that has gone into this proposal, but does not understand why the City needs it. She stated that the one thing she knows that has changed is the amount of data requests that have come into the City, so she would understand if that is where the workload issue has come into play. She noted that she also did not want to diminish the role of the Communications person because she thinks it is important and is very resident facing. Councilmember Johnson stated that he agreed and noted that one thing he feels has shifted is where people get their information which is often times from social media. He stated that, to him, puts even more importance on this role moving forward. Mayor Labadie stated that she agreed and feels the voice of the City needs to come from the City and not all of them just chiming in, which means there needs to be someone central to the City that is maintaining the social media presence. Councilmember Callies stated that the Council is discussing this at a Work Session, but are essentially spinning their wheels because they have not heard from the various department heads to really hear the facts, the needs, and what people are actually doing. She stated that she would agree with the sentiment that has been shared that communications is a very important issue and reiterated that she felt the new City Administrator should weigh in on this proposed reorganization. Councilmember Gorham stated that this is the same information that was presented last time. He noted that the Council was struggling to understand how the pieces come together and the question of whether this was the best way to organize the office. Councilmember Siakel stated that she thinks one question that can be answered tonight is whether the Council feels the communications role is one that should stay in tact and if so, they should give direction to re-hire for that position. Councilmember Gorham noted that it just seems like there are a lot of ‘pans on the stove’ with the proposed reorganization and noted that the pay changes have not yet been studied. Councilmember Siakel noted that she did not have a problem with the proposed compensation increase, but was not sure how they got to that amount. She noted that in the past the compensation increases have somewhat mirrored what had been given to Public Works because they are unionized and asked if this proposal meant that they would deviate from that practice. Councilmember Gorham stated that he would be fine with a compensation study but this is one that is just being proposed for this department and questioned the fairness of that approach. Mayor Labadie noted that she thinks the Council had already requested a compensation study to be presented at the annual retreat. Councilmember Callies asked about the logic of combining the communications and recycling duties. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 4 of 6 City Clerk/HR Director Thone stated that she believes that the position just transformed over time and those things just happened to be strengths of Julie Moore so she took them on. She agreed that these two things were not something typically seen together, but unless it is a very large city, they do see a lot of other positions taking on the recycling duties because it is not typically a full- time job. She noted that Julie Moore was present tonight and could probably answer in greater detail. Julie Moore explained that back in the day, there was a lot of communications people who also took on the role of recycling coordinator. She stated that since she had knowledge in both areas, combining of those duties just sort of came about. Councilmember Callies stated that she agreed with Councilmember Siakel’s statements on the need for a communications position and asked how that would affect the ability to promote employees internally. She asked if the issue for employees was the pay or if it was the job duties. City Clerk/HR Director Thone stated that they just really felt this was an opportunity to recognize the hard working staff members. She noted that they felt it was a time to advance these individuals at a time when the City was losing people. She explained that she was open to the Council’s direction and agreed that the communications role is very important for the City. She stated that the proposed changes are not due to self-interest and explained that she would be fine if her position and pay were left exactly the same but could not find a way to advance these other individuals without bumping herself up as well. She stated that due to the vacancies with the City Administrator, Communications/Recycling Coordinator, the Parks and Recreation Director, and someone on a six week medical leave, staff has taken on additional work and are pretty over taxed. Councilmember Callies stated that with the new Parks and Recreation Director coming on board that should offer some relief. Councilmember Gorham stated that it is hard to tell from the information that has been given to the Council if this proposal is actually what would be best for the City or if going outside to fill the Communications/Recycling Coordinator position would be best. Councilmember Callies stated that her understanding was that even though the Council had given direction to offer Miechelle additional hours, she was not interested in doing that at her existing rate of pay. City Clerk/HR Director Thone stated that she had not spoken directly with Miechelle about this, but when this plan was proposed, she was interested, if it was a promotional opportunity for her. Mayor Labadie noted that she had raised the idea of filling some of these gaps with a temporary employee, however, City Clerk/HR Director Thone had expressed concern about the amount of training it would take to get that person up to speed and would still need to address the gap in the day to day issues. Councilmember Callies asked if the day to day gap was primarily in the recycling and communications duties. Mayor Labadie stated that she was not sure, but it did raise red flags for her when she found out that there were grants that had deadlines. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 5 of 6 Councilmember Siakel asked if Bolton and Menk had individuals that work with grants so if the City needed any extra help if this may be available from them. City Engineer Budde stated that Bolton and Menk works with a variety of grants and could assist the City, if necessary. Councilmember Siakel stated that there are a lot of changes in this proposal that add a lot of extra layers and explained that she did not think the City needs to add the extra positions and extra layers. She stated that if they truly want to change the organization structure of the City, she feels that needs to be a much longer conversation. She noted that if she were a new City Administrator coming on board, she would want to be able to have her finger on how City Hall is run. She stated that the questions she thinks the Council needs to consider are: whether they want to wait for the new City Administrator to have input; do they want to change and add these layers; and whether they want to rehire for this existing position and if so, that it be posted. Councilmember Johnson stated that he is in favor of posting the Communications/Recycling Coordinator position in order to see what kind of applicants the City may get and noted that he would put particular emphasis on the communications and social media aspect of the job. There was consensus of the Council to post the existing Communications/Recycling Coordinator position, with the current job description, as written. Mayor Labadie asked City Clerk/HR Director Thone whether, now that the elections are over and the medical leave individual has returned, whether the duties can be fulfilled along with the front desk duties if this position can be filled in a standard time frame. City Clerk/HR Director Thone explained that staff would continue to do pretty much what they have been doing. She stated that they would be doing a bit of ‘triage’ and handling the most important communications and keeping up with plugging the holes on the website the best they can. She stated that she has handled recycling grants in the past with other cities and thinks that she should be able to step in and handle those for the City. She stated that there are things that will just need to be reprioritized, but some things may not get done, for example, they were not planning on doing the next newsletter because there is not enough staff. Councilmember Siakel stated that if there are things that cannot get done, staff needs to communicate with the Council so they can give direction to address them, for example, getting help with the grants. Julie Moore explained that there is a water efficiency grant will be due at the end of January and gave an overview of the process staff has used in the past. She noted that the grant for the recycling will be due in February. Mayor Labadie asked if she could think of anything else from her former duties that has a deadline. Ms. Moore explained that those two are the big ‘money’ things and the other things would only be things like the ten day notices for ordinances that need to go out via e-mail. Mayor Labadie applauded staff for their outside of the box thinking and thanked the Council for their professional discussion of the issue. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 6 of 6 3. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Work Session Meeting of November 14, 2022, at 6:48 P.M. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD MUNICIPAL CANVAS BOARD MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 14, 2022 7:00 P.M. MINUTES 1. CONVENE MUNICIPAL CANVAS BOARD MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, 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: None B. Review Agenda Siakel moved, Gorham seconded, approving the agenda as presented. All in favor, motion passed. 2. CANVAS 2022 MUNICIPAL ELECTION RESULTS City Clerk/HR Director Thone explained that the general election had been held on November 8, 2022. She noted that the abstracts were not available when the packets were sent out but had been placed on the dais prior to the meeting. She reviewed details related to registered voters, absentee ballots, and newly registered voters and explained that the total voter turn out for the City was around seventy-eight percent which is excellent for a mid-term election. She noted that when the race is within a half percentage point, there is publicly funded recount available. She noted that she had reached out to Nat Gorham who was within eleven votes of the Dustin Maddy to let him know that option was available to him within seven days of the canvas. Callies moved, Labadie seconded to approve RESOLUTION No 22-118, “A Resolution Accepting Local Results of the 2022 General Election.” All in favor, motion passed. 3. ADJOURN Johnson moved, Siakel seconded, Adjourning the Canvas Board Meeting of November 14, 2022, at 7:06 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2D CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 14, 2022 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:07 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, 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: None C. Review Agenda Councilmember Siakel asked to add an agenda item regarding posting of the Communications position. Johnson moved, Siakel seconded, approving the agenda as amended, adding item 5C. under General New Business, Posting for the Communications/Recycling Coordinator Position. All in favor, motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies asked about item I. regarding the assessment agreements for water connections and whether the homeowners had already paid a portion of the charge. Finance Director Rigdon explained that both homeowners for this item have paid $5,000 down and the remaining $5,000 will be assessed. Councilmember Callies asked about item K. regarding street sweeping and debris removal. She explained that in the memo it states that the street sweeping potentially contain contaminants that need to be disposed of properly and would potentially be used as landfill cover. She asked if the contaminants are removed or if the contaminant filled debris is being used as cover for the landfill. City Engineer Budde stated that the landfill uses street sweepings as cover to help keep plastic bags and other lightweight debris from blowing away. He stated that they are one of the landfills that can accept this type of material without any excessive testing so it is the most economical way for the City to dispose of that material. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 2 of 9 Callies moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Special Meeting Minutes of October 19, 2022 B. Economic Development Authority (EDA) Meeting Minutes of October 24, 2022 C. City Council Regular Meeting Minutes of October 24, 2022 D. City Council Special Meeting Minutes of October 27, 2022 E. Approval of the Verified Claims List F. Accept Donations from American Legion Post 259 and Lucky’s Station for Arctic Fever Event, Adopting RESOLUTION NO. 22-108, “A Resolution Accepting Donations to the City of Shorewood 2023 Arctic Fever Event.” G. Approve Employment Agreement for Marc Nevinski for City Administrator H. Approve Lease Renewal with AT&T, Adopting RESOLUTION NO. 22-109, “A Resolution Approving the Reinstatement and Ratification of a Second Amendment to Water Tower Space Lease Agreement.” I. Approve Assessment Agreements for Water Connections, Adopting RESOLUTION NO. 22-110, “A Resolution Certifying Special Assessments on the 2023 Hennepin County Property Tax Rolls.” J. Approve Change Order No. 1 and Accept Final Improvements for Glen Road, Amlee Road, and Manitou Lane Landscape Project, City Project 18-08, Adopting RESOLUTION NO. 22-111, “A Resolution to Approve Change Order No. 1 and Authorize Final Acceptance for the Glen Road, Manitou Lane, and Amlee Road Landscape Project; City Project 18-08.” K. Accept Quotes and Award Contract for 2022 Street Sweeping Debris Removal, City Project 22-08, Adopting RESOLUTION NO. 22-112, “A Resolution to Accept Quotes and Award Contract for 2022 Street Sweeping Removals, City Project 22-08.” L. Authorize Application for Matching Grant, Public Works Safety Equipment All in favor, motion passed. 3. MATTERS FROM THE FLOOR There were no comments. 4. ENGINEERING/PUBLIC WORKS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 3 of 9 A. Accept Bids and Award Contract for Birch Bluff Improvements, No Parking, and Authorize Wetland Bank Purchase, City Project 21-01 City Engineer Budde gave an overview of the Birch Bluff project and explained that eightbids were opened on November 2, 2022. He stated that the low bidder was New Look Contracting which came in about twenty percent below the engineering estimate. He stated that if the Council approves this item, tree removal can potentially begin this fall and winter with overhead utility relocation as soon as possible during the spring months. He noted that final completion of this project is slated for November 22, 2023. He explained that part of this project will require purchase of some wetland bank credits due to the anticipated wetland impacts. He stated that part of this project is also to prohibit parking for the west bound lanes of Birch Bluff Road and the south bound lanes of Grant Lorenz Road from Edgewood Road to the Tonka Bay city limits. He stated that staff recommends approval of all three resolutions. Councilmember Gorham asked about the staff estimate for project costs. City Engineer Budde explained that the City had adjusted their project estimate after they opened the bids for the Strawberry Lane project because they had seen a pretty sharp increase, so this bid came in very favorably. Councilmember Gorham commended City Engineer Budde for his work on this and stated that the bids coming in at this number is a big relief for the City. Councilmember Siakel thanked City Engineer Budde for his proactive follow up with residents on Birch Bluff. She stated that she had received a call about the fire lane and tree removal and the concerns that the pipe from the retention pond to the lake may be exposed and ugly. She stated that she wanted to make the Council aware of those concerns. She noted that related to the tree removal, there are a few trees that are closer to the lake that they are interested in saving if at all possible and asked that staff communicate with the homeowners and Davey about this issue. She asked how the City determines the parking restrictions. City Engineer Budde explained that, in this case, the City allowed the parking on the side that has less driveways so there will be more parking usage possible. Councilmember Siakel stated that she did not really have a preference, but when people are parking, she thinks she sees more on the other side of the street. She stated that she feels that this may come up as an issue later in the process and questioned whether it really mattered which side of the street parking is allowed. City Engineer Budde reiterated that the main criteria, in this case, was in relation to the amount of cars that they could fit and there were more driveways on the north side of the roadway which means less cars could park on that side. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 22-113, “A Resolution to Accept Bids and Award Contract for the Birch Bluff Road Street and Utility Improvement Project, City Project 21-01.” All in favor, motion passed. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 22-114, “A Resolution to Purchase Wetland Bank Credits for Birch Bluff Road and Utility Improvements Project; City Project 21-01.” All in favor, motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 4 of 9 Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 22-115, “A Resolution to Prohibit Parking for the West Bound Lanes of Birch Bluff Road and the South Bound Lanes of Grant Lorenz Road; City Project 21-01.” All in favor, motion passed. B. Strawberry Lane Easement Update City Engineer Budde explained that staff have discovered a discrepancy in the existing right-of- way and the easement needs related to the Strawberry Lane project. He introduced Dave Martini, Senior Principal Engineer, Bolton and Menk, and noted that he would be handling discussion of this item with the Council. Dave Martini, Bolton and Menk, explained the process that was undertaken at the early stages of this project putting together documents to establish things like property rights and right-of-way limits. He stated that they put together a base map and then staff proceeded to pursue areas where the City did not have right-of-way in order to construct this project, but noted that as they began working through the process, it was discovered that in the Ownership and Encumbrance Report that there were some easements that already existed that the City was actively trying to pursue for purchase. He stated that the easements were established years ago when there was some administrative lot splits along this corridor. He explained that apart from this issue that went ahead and took another look to ensure that there were not any other issues and found another potential question about one of the properties along the corridor and through further digging found two additional lots that had the administrative lot splits. He stated that they have found that even though the intent was to get those easements, they were not actually recorded by the property owner and are not valid. He acknowledged that there are some financial implications to the work that was done and effort that has gone into pursuing these easements that ended up not being needed and assured the Council that Bolton and Menk will be completely accountable and assured the Council that there would be no cost to the City. He noted that he understood that this type of situation is a hit to the goodwill that has been established between the City and Bolton and Menk and they will need to work hard to regain some of the trust that has been lost. He reiterated that he was here before the Council to show that they will be held accountable for this situation. Mayor Labadie thanked Mr. Martini for his timely communication with the City once these errors were discovered. Councilmember Gorham asked if there had been offers from the City that were rescinded. Mr. Martini stated that there were two offers made that had not been accepted that have since been rescinded and noted that City Engineer Budde has been in communications with those property owners. Councilmember Gorham asked about the $20,250 that was paid to a resident. Mr. Martini stated that was one of the properties where the City did need the easement and was necessary. Councilmember Gorham asked if this makes meeting the construction season easier. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 5 of 9 City Engineer Budde stated that it does make that easier because there are two easements that the City no longer needs to acquire. Councilmember Siakel stated that this project has not been easy and feels that City Engineer Budde did a pretty good job of working with the neighbors. She stated that she believes the City has acted in good faith, even if the offers have needed to be rescinded. She stated that she is a bit confused as to where things are with relation to the neighbors. Mr. Martini stated that there are still two easements that need to be obtained and believes that one has already accepted and the other is in process. Councilmember Siakel stated that she understands that it may be slightly embarrassing for Mr. Martini to appear in front of the Council and admit that a mistake had been made, but noted that the prior engineering firm actually hid things until the City discovered them. She stated that the City then had to ‘fight tooth and nail’ to get them to admit it and correct the issue and expressed her appreciation to Bolton and Menk for doing the right thing, taking ownership, and taking action in this situation. She stated that she also feels that City Engineer Budde has also done a really good job and explained that her only concern in this situation is related to the residents. Mr. Martini stated that he knows that City Engineer Budde has worked hard on these relationships and with regard to communication. He stated that he understands that this has been a hard project and City Engineer Budde will continue to work with the residents, as necessary. He stated that he is also available to join in those conversations, as needed. Councilmember Johnson agreed that this has been a tough project and with the pending tree removal it will most likely get even harder. He stated that one resident has put up a sign on a fairly mature tree making a call to essentially ‘save the tree’. He noted that when he biked down the street, before the weather turned cold, he received a few comments that the City was going to destroy the street. He stated that he would agree with the comments made that City Engineer Budde has done a good job with resident communication. 5. GENERAL/NEW BUSINESS A. PUBLIC HEARING: Assessment for Unpaid Bills/Approve Assessment for Unpaid Bills Finance Director Rigdon explained that this item is for the annual certification of the unpaid bills, specifically for water, sewer, and recycling. He stated that this certifies the unpaid charges and allows them to be placed on the Hennepin County tax rolls for property taxes. Mayor Labadie opened the public hearing at 7:36 p.m. There being no comment, she closed the public hearing. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 22-116, “A Resolution Certifying Unpaid Charges on the 2023 Hennepin County Property Tax Rolls.” Councilmember Callies asked about resolution language that says ‘to be updated’ and asked what that meant. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 6 of 9 Finance Director Rigdon explained that the City was still receiving payments through the end of November, so the final number could change before it goes to the County. All in favor, motion passed. B. 2022 Bond Issuance Shannon Sweeney, David Drown Associates, stated that at the Council’s second meeting in October, they had authorized David Drown Associates to solicit proposals for negotiated bank placements in order to finance the 2023 slate of projects. He stated that a number of proposals were solicited from a number of lenders and the City received five proposals with the lowest provided by Truist Bank. He noted that the call language reflected in the original resolution was inaccurate and did not reflect the terms sheet, so that has been updated to reflect that the bonds can be called or pre-paid as of February 1, 2030. He stated that these have the ability to close rather quickly and their intent is to close around December 1, 2022. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 22-117, “A Resolution Proving for the Issuance and Sale of a $7,570,000 General Obligation Street Reconstruction and Utility Revenue Bond, Series 2022A, Pledging for the Security Thereof Net Revenues and Levying a Tax for the Payment Thereof.” Councilmember Siakel stated that she thinks something to consider in the future is the fact that , if the City would have moved forward with Strawberry Lane and not kicked it down the road, the interest rate would have been what was predicted, which made a big difference. She stated that in the future she would hope that the City can take advantage of low interest rates, when possible. Councilmember Johnson stated that he was planning to make a similar comment and suggested adding this as a retreat discussion item for overall CIP and bonding. Mayor Labadie stated that she thinks that is an excellent suggestion and asked Interim City Administrator Shukle to add it to their list of topics for the retreat. All in favor, motion passed. C. Approve Advertisement for Communications/Recycling Coordinator Position Callies moved, Siakel seconded, to approve the Posting for the Communications/ Recycling Coordinator position. All in favor, motion passed. 6. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. 2022 General Election update City Clerk/HR Director Thone gave an overview of the general election results and expressed her appreciation to staff for their work on the elections. She also thanked the Public Works Department for their work to set up and tear down the voting equipment. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 7 of 9 Other City Engineer Budde gave a brief update regarding construction for the Smithtown Pond project and noted that the rain and snow over the last few weeks has kept them off the site. He stated that they are now planning to start after Thanksgiving with most of the major hauling. Planning Director Darling gave a brief update on the deer management program and explained that the City has had three bow and arrow hunts this fall. She noted that the program has now ended for the season and the hunters were only able to take seventeen deer. Councilmember Siakel asked why the City had cut back so drastically on the number of weekends allowed. Planning Director Darling stated that she believes that it is because the number of properties that the City has access to have shrunk over the years. Councilmember Siakel asked if the City would do the deer count with Three Rivers Park District in February because she feels the City uses that as a data source. She stated that she believes that it was determined that a herd of about sixty deer could balance the ecosystem and thrive in the City without disrupting and damaging property. She noted that if she had to guess, she would say the City is way over that number right now and the situation is just getting worse. She asked what the City can do to beef up the deer management program. She stated that she believes in the past the City had about six weekends for the bow and arrow hunt and thinks the City is underutilizing this program. Planning Director Darling stated that she will take a look into some possible opportunities to reinforce the deer management program. City Clerk/HR Director Thone welcomed Parks and Recreation Director, Janelle Crossfield, who has been with the City for a little over a week. She stated that the City has received some really qualified applicants for the Public Works Director position and the first round interviews will be conducted later this week. B. Mayor and City Council Councilmember Callies asked how the determination was made that the new City Administrator would begin in January. She stated that she recalls a discussion about December and asked if it was already a ‘done deal’ or if this individual could start sooner and be involved in some of the discussions, for example, filling the Public Works Director position. Mayor Labadie asked if a contract had already been signed. City Attorney Shepherd stated that the contract was on the Consent Agenda at tonight’s meeting. Interim City Administrator Shukle stated that he was told that the new City Administrator had to give thirty days-notice in his current position, which brings it to mid-December. He explained that because of the holidays, he had wanted to take the vacation that he had coming, so he would not be able to start until January. He stated that if the Council would like, he can certainly go have a conversation with him to see if there is the possibility that he can start earlier than January. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 8 of 9 Councilmember Callies stated that she just feels like the City has been kind of ‘poky’ about taking action on a few things and noted that if the Council had taken action on the contract two weeks ago, it would also mean that this individual could have started earlier. Councilmember Siakel stated that she has heard Councilmember Callies make similar comments before and suggested that the City hear the message that sometimes there needs to be more of a sense of urgency to take action, and not just keep booting things down the road to the next meeting. Mayor Labadie stated that this particular situation is already a done deal, but does feel that is great advice moving forward. Mayor Labadie stated that there were two large Veteran’s Day events in the City at the Shorewood Community and Event Center and another at the Pillars of Shorewood Landings Senior Center. She expressed her appreciation to those that attended and for the Veterans who have served the Country. She stated that earlier today, she attended the Regional Council of Mayors meeting where the main topic was key emerging trends shaping the future of Minnesota cities. She noted that tomorrow she would be attending the Minnetonka Superintendent Mayor’s meeting which will be the first held by the new superintendent. She stated that on November 15, 2022 she will be presenting the City’s State of the Union address. She noted that there will be Metro Cities Policy Adoption meeting on November 17, 2022 at 4:00 p.m. that she will be attending on behalf of the City. She stated that yesterday, Shorewood resident, Molly Buhton, held an event at the Shorewood Community and Event Center where thirty people were in attendance to make four hundred and eighty life saving overdose rescue kits that contain nasal spray versions of Narcan that will be placed in the AED cabinets around Ramsey County. Councilmember Callies stated that the City had received a report from the prosecutor about the types of cases that are being prosecuted and noted that she did not think the City needed the detailed report from the County that seems to take longer to receive. Councilmember Johnson stated that for the meeting with the superintendent he assumes one of the topics will be the roundabout in front of Minnetonka Middle School West (MMW). He stated that they were asked to chime in with either $200,000 or $400,000 in order to see that project come to completion, but instead they are looking at spending that money to take gymnasiums and turn them into classrooms. He stated that his message would be that he thinks the sooner that roundabout goes in, the sooner he believes MnDOT will look at potential roundabouts on Highway 7 to address the City’s safety concerns along that corridor. Mayor Labadie clarified that the roundabout is located in the City of Chanhassen in Carver County. She noted that she is hopeful that the Chanhassen mayor will be in attendance at this meeting. 7. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of November 14, 2022, at 8:03 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 14, 2022 Page 9 of 9 Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2G Title/Subject: Resolution Accepting Donation to Shorewood Community and Event Center MEETING Meeting Date: Monday, November 28, 2022 TYPE Prepared by: Janelle Crossfield, Park/Rec Director Regular Reviewed by: Ed Shukle, Interim City Administrator Meeting Attachments: Resolution Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and §471.17 all donations or gifts of real and personal property, including donations for the benefit of public recreational services, must be accepted by the city council. Background: The Lions Club International Diabetes Foundation through the Minneapolis Southwest Lions Club is donating a Diabetes Emergency Kit to the Shorewood Community and Event Center. Name of Donor Amount Minneapolis Southwest Lions Club Financial Considerations: No financial considerations. Action Requested: Staff respectfully recommends the city council approve the Resolution Accepting Donations as Delineated in the Resolution to the Shorewood Community and Event Center and direct staff to send a thank you note to the donor. Motion, second and two-thirds majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-119 A RESOLUTION ACCEPTING DONATION TO THE SHOREWOOD COMMUNITY AND EVENT CENTER WHEREAS, the City of Shorewood is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of their public recreational services pursuant to Minnesota Statutes section 471.17; and WHEREAS, the following persons and entities have offered to contribute a donation as set forth below to the city: Name of Donor Amount Minneapolis Southwest Lions Club WHEREAS, the terms or conditions of the donations are to be used at the Shorewood Community and Event Center; and WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The donations described above are accepted and shall be used to establish and/or operate services either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donor’s donation. Passed by the City Council of Shorewood, Minnesota this 28th day of November 2022. __________________________ Jennifer Labadie, Mayor ___________________________ Sandie Thone, City Clerk #2H MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: Assessment Agreements for Water Connections Meeting Date: November 28, 2022 Prepared by: Joe Rigdon, Finance Director Reviewed by: Ed Shukle, Interim City Administrator Attachment: Resolution Certifying Special Assessments on the 2023 Hennepin County Property Tax Rolls Background: The City Council for the City of Shorewood offers a program for residents who have public water available but are not connected to the municipal system, the ability to assess the water access charge over a number of years. An assessment agreement was developed in consultation with the city attorney, and numerous properties have signed assessment agreements since 2019. The owners of all the properties listed below have signed Assessment Agreements that state the terms of the assessment and are waiving their right to appeal the assessment. The current water access charge is $10,000. Prior water assessments collected are applied against the $10,000 access charge when applicable. NOTE: This list updates and replaces the list approved on November 14, 2022. PID ADDRESS NAME AMOUNT TERM INTEREST RATE 33-117-23-21-0003 24850 Glen Road Hillstrom 5,000 5 years 5 .0% 32-117-23-42-0003 26115 Smithtown Kohns 10,000 5 years 5.0% Lane Recommendation / Action Requested: Staff recommends approval of the Resolution Certifying Special Assessments on the 2023 Hennepin County Property Tax Rolls. Next Steps and Timeline: The assessments will be certified with the Hennepin County Assessor’s office. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN RESOLUTION 22-120 A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS ON THE 2023 HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, the City Council for the City of Shorewood offered a program for residents who had public water available but were not connected to the municipal system, the ability to assess the water access charge over a number of years; and, WHEREAS, the owners of all the properties listed below have signed Assessment Agreements that state the terms of the assessment and waiving their right to appeal the assessment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: That pursuant to the terms of the assessment agreements, the city hereby approves and certifies the following special assessments (replaces list approved on November 14, 2022): PID ADDRESS NAME AMOUNT TERM INTEREST RATE 33-117-23-21-0003 24850 Glen Road Hillstrom 5,000 5 years 5.0% 32-117-23-42-0003 26115 Smithtown Kohns 10,000 5 years 5.0% Lane Such certification, which is due to the County Auditor no later than November 30, 2022, shall be payable over the period of years indicated on the table. The owner of the affected party may, at any time prior to certification of assessments to the County Auditor, pay the whole of the certified assessments to the Shorewood City Clerk. The clerk shall forthwith transmit a certified copy of this certification roll to the County Auditor to be extended on the property tax lists of the county and such certified assessments shall be collected and paid over in the same manner as property taxes. Hennepin County Special Assessment Division is hereby authorized to certify the assessments on the property tax rolls payable in 2023. th ADOPTED BY THE SHOREWOOD CITY COUNCIL this 28 day of November 2022. ________________________________ Jennifer Labadie, Mayor ATTEST ________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2I Title/Subject: City Hall Holiday Schedule Meeting Date: November 28, 2022 MEETING Prepared By: Ed Shukle, Interim City Administrator TYPE REGULAR Reviewed By: Brenda Pricco, Deputy City Clerk The city’s personnel policy provides for a half-day holiday on Christmas Eve, a full day holiday for Christmas Day and a full day holiday for New Year’s Day. Phone and walk-in business is typically very slow the week around Christmas and New Year’s. In addition, many employees opt to utilize vacation days for some or many of these days. Christmas Eve falls on a Saturday so the preceding day, Friday, December 23, is recognized as the half-day holiday. Staff is requesting the council officially close city hall all day on Friday, December 23 and close city hall all day on Monday, December 26 for the Christmas Day holiday, and Monday, January 2 for New Year’s Day holiday. City hall staff may use personal, vacation, or accrued comp time for the additional four (4) hours not covered by the holiday pay for Christmas Eve. This would be consistent with the language in the union contract. City hall closures are posted on the city website, in the city’s social media postings, as well as being posted on the front door. In past years, the second meeting in December has not been held. This year, there is no business that the city council would need to consider before year end. Staff therefore requests that the second December meeting be cancelled. Council Action Requested: Staff respectfully requests approval of a motion authorizing city hall holiday closure, and cancellation of the second December meeting as presented in this memo. Motion, second, and simple majority is all that is needed to approve. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, OCTOBER 25, 2022 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Hirner convened the meeting at 7:01 p.m. A. Roll Call Present: Chair Hirner, Commissioners Gallivan, and Levy; Planning Director Darling; and City Engineer Budde Absent: Commissioners Schmid and Heinz B. Review Agenda Gallivan moved to approve the agenda as written. Levy seconded the motion. Motion carried 3-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of September 13, 2022 Gallivan moved to approve the minutes of the September 13, 2022 meeting as written. Hirner seconded the motion. Motion carried 3-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. CIP Section Related to Parks Chair Hirner noted that Planning Director Darling had mentioned to him earlier today that the City has submitted for the grant reimbursement for Silverwood Park ($25,000). He gave a brief overview of the other projects outlined within the staff report, the reserves, and the general information included in the tables. He asked about the trail overlay plans within Freeman Park. City Engineer Budde explained that the Council has already authorized preparation of the final plans and specifications and noted that the survey work has been completed but noted that there was not necessarily any survey work needed for the other trails that will be rehabilitated. He stated that they are still in the design process and reviewing the Go Pro footage that they have gathered. He noted that they will probably have about 50% plans within the next month or so, with the expectation of bidding at the Council level around February. The Commission discussed the CIP plans/projects for the upcoming years for 2023-2032. PARK COMMISSION MINUTES TUESDAY, OCTOBER 25, 2022 PAGE 2 OF 5 Commissioner Gallivan noted that one thing that was not included in the CIP was related to the conversation about the adult exercise equipment along trails or in Southshore park. He asked if the Commission wanted to still consider this at some point. Planning Director Darling noted that it was included in the CIP and referenced as the Southshore Park Master Plan. She noted that she had moved it back to the same year as Cathcart Park and the estimate is set with the assumption that they would be doing the majority of the work in-house along with some engineering help. She stated that there has been discussion about spending some time on the Master Plan and coming forward with a project in 2028, but allowing the funds to build up a bit between the projects. The Commission reviewed more details from the proposed CIP. Planning Director Darling suggested that during the next Park Tour that the Commission make sure that they compared Cathcart and Freeman North and consider which one should be the next project. She reminded the Commission that all of the numbers included in the table were very general. Chair Hirner asked if there was anything the City could do, from a maintenance perspective, to protect the poured in place rubber surfaces, so they would last longer. Planning Director Darling explained that there really was not much that could be done. Chair Hirner asked if there were things that have come up at a staff level that should be added to the CIP. Planning Director Darling stated that they have discussed the possibility of adding gaga ball pits at Cathcart and Manor Park and has priced them out around $3,000 each, but noted that dollar amount was probably too low to be included in the CIP. Chair Hirner asked staff to make sure that they are keeping an eye on the warming house in Cathcart because if it starts to show some wear, he wants to make sure that it finds a spot on the CIP for replacement. Commissioner Gallivan asked about plans for pickleball. Planning Director Darling explained that all of the tennis courts are currently lined for pickleball, but noted that they do not have the specialty lower set nets. She clarified that the courts are striped for both tennis and pickleball and are being used quite a bit. Commissioner Levy asked if when it was time for the nets to be replaced if there may be an option to purchase adjustable nets that could be cranked up or down, as needed. City Engineer Budde explained that since the City has worked on the courts in Badger Park, what is most likely happening, it is set up for tennis with permanent nets, but then on each half of a court it is striped for pickleball. He stated that most people bring their own portable nets so they can play at the appropriate height. He explained that his understanding is that the height of the nets is a sticking point for some and stated that he has heard of other cities that have a storage locker at the facility where they can store their nets on site. He stated that he believes this is similar to what is currently being done at the lacrosse field. PARK COMMISSION MINUTES TUESDAY, OCTOBER 25, 2022 PAGE 3 OF 5 Planning Director Darling confirmed that lacrosse and football associations both have some equipment that is stored on site. Chair Hirner noted that because the Park Commission did a deep dive into the CIP last year and moved various projects around, he feels things are still in pretty good shape. Planning Director Darling explained that the only changes in front of Commission is the Cathcart Playground and the Southshore Master Plan were pushed back by one year in order to ensure that there was an adequate amount of funds for the projects. Gallivan moved to recommend approval of the Parks CIP, as presented, with the changes moving the Cathcart playground equipment to 2025 and the Southshore Park Master Plan to 2025. Hirner seconded the motion. Motion carried 3-0. B. Shorewood Safe Routes to School City Engineer Budde stated that in 2021, the City was awarded a Safe Routes to School Grant through MnDOT. He explained that the focus was on Excelsior Elementary and routes within a 1 mile radius and noted that the catalyst for this was the Galpin Lake road and sidewalk project. He noted that the plans were completed this year and looked at the infrastructure and the programming which would be more internal to the school in ways to encourage people to ride bikes or walk to school. He gave an overview of the 6 Es: Equity; Engagement; Evaluation; Education; Encouragement; and Engineering. He reviewed the data that was gathered as part of the planning process. He stated that this information does not really take it to the next level and determine its cost or how it can be implemented. He explained that a next step will require somebody to take action, but noted that it is great that this document has been completed because it offers the opportunity now for entities to go after the next round of funding. He stated that MnDOT has recently completed a road safety audit for Highway 7 and these two documents paired together, in his opinion, really ‘T’ the City up to be a good spot to pursue some funding. He stated that for now this study is a resource to help the City pick and prioritize projects. Commissioner Levy asked if this was initiated by Excelsior Elementary. City Engineer Budde stated that it was initiated by the City of Shorewood. Commissioner Levy asked whether something similar would be done for other schools such as Minnewashta and Deephaven. City Engineer Budde stated that there could have been one done for each school and reiterated that the driver for Shorewood was the Galpin Lake Road piece so it was focused on this location, but other areas could go through a similar process. Planning Director Darling noted that the new Strawberry Lane reconstruction project will include nd sidewalks that extend all the way from Smithtown Road to 62 Street West both completing a safe routes to school project and a planned trail in the comprehensive plan. Commissioner Levy asked if this took into consideration what was already done planning for trail connections in 2011. PARK COMMISSION MINUTES TUESDAY, OCTOBER 25, 2022 PAGE 4 OF 5 City Engineer Budde confirmed that this is building on that work and was creating a bit more of the story in order to go after some of the next steps and future funding. Chair Hirner stated that he would find it interesting to see this same information for some of the other schools. He stated that where he lives, the sidewalks are in place from Shorewood’s perspective, but as you go up Vine Hill towards the high school, the sidewalks just end so the people walking just transition to the street. He reiterated that he felt this report was good, but would like to see it done for other areas as well, so there is more of a regional plan for safe routes to school. City Engineer Budde stated that he believes that can happen through the next round of Comprehensive Plan work. Commissioner Gallivan stated that he lives behind Galpin Lake on Galpin Lane. He noted that he was on the advisory committee that was involved in meeting with State staff on this issue and thanked the City for making the effort to apply this grant. He explained that he agreed that gathering this data has been an important step. He stated that part of the reason that the data shows that there are not a lot of pedestrian related accidents is because everyone knows that once they have a close encounter, they do not do that same thing again. He stated that with all the development that is going in on the Chanhassen side, it is becoming more and more of an issue and producing more and more traffic. He stated that they do not walk their daughter or dog in the neighborhood because of all of the traffic. He noted that there is a sidewalk from Chanhassen that goes up to the border and just stops. He stated that he was happy to see that the recommendation within this report included building a sidewalk along Highway 7 up to Oak Street, however it you cannot safely get to that sidewalk there would be no point in it because nobody will use that stretch of sidewalk if they cannot get there safely. He stated that what frustrates him with this report is that there has been 20 years of advocacy by the Galpin Lake area and noted that there is even a current petition that has about 700 signatures saying that this is critical to them. He noted that the City Council has voted numerous times saying that this is a priority. Mayor Labadie has testified in front of the State legislature that this is a priority. He stressed that the State legislature, regardless of party affiliation, have also stated that this is a priority and included it in their request for bonding. He stated that part of the feedback was that this report needed to be done in order to increase the chances of getting it and the purpose of the grant was specifically targeted towards that project. He stated that through the survey process, the results came back that people would walk more if they had safe intersections and sidewalks. The three projects that they acknowledge were most requested was Mill Street, Highway 7, and Galpin Lake Road. He stated that Galpin Lake Road was once again confirmed to be a priority, however, when it came down to it, they said it would be put as a low priority because of how they measure ‘equity’. He stated that Shorewood is not the most diverse community but even using their heat maps and the CDC social vulnerability index, one of the bright purple areas is right along Lake Minnetonka where the lowest home price on Zillow is $1.76 million which is smack dab in the middle of the social vulnerability index. He stated that they talk about other factors beyond ethnicity and race that go into this, including age and senior populations, however, there is a senior living facility very near Galpin Lake Road that they did not seem to care about. He expressed his frustration that this seems like an example where people said what they felt was a priority, but State staff turned around and told them, “We know better”. He noted that there is nothing in the statute that says that what their version of equity should be the overarching principle in how these grants are determined but that is how they decided to interpret it. He stated that it feels as though they have simply decided what was important and basically said to heck with what the community says. He stated that they are laying aside the feedback from the people who have PARK COMMISSION MINUTES TUESDAY, OCTOBER 25, 2022 PAGE 5 OF 5 lived here to 20 years, what the survey says, what the petition says, what the City Council has said, what Mayor Labadie, and what the State legislature has said. He stated that he wants it on record that he would encourage the City Council and Mayor Labadie to keep pushing so it can get done, because otherwise someone is going to get hurt there because it is very dangerous. Chair Hirner reiterated that this information would be great to have for the other schools in the area. 5. OLD BUSINESS A. Volunteers for City Council Meeting November 28, 2022 – Commissioner Gallivan January 23, 2022 – Chair Hirner February 27, 2023 – Commissioner Levy 6. STAFF AND LIAISON REPORTS / UPDATES A. City Council Planning Director Darling explained that Council Liaison Johnson was ill tonight. Councilmember Gorham gave a brief overview of recent discussions and actions taken by the Council. B. Staff Planning Director Darling stated that she will confirm that the Cathcart warming house is in good repair and report back to the Commission. She stated that all the improvements at Silverwood Park are finished, but the vegetation is not yet fully established on the hillsides and will be asking Public Works if the City would need to put up some snow fencing in order to keep people out of the areas where they are re-establishing turf. She introduced Janelle Crossfield who will be the new Parks and Recreation Director and explained that they are working to transition various duties over to her. 7. ADJOURN Chair Hirner adjourned the Park Commission Meeting of October 25, 2022 by general consent at 8:03 p.m. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, NOVEMBER 15, 2022 7:00 P.M. DRAFT MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, and Riedel; Planning Director Darling; and, Council Liaison Gorham Absent: Commissioners Huskins and Holker 1. APPROVAL OF AGENDA Riedel moved, Eggenberger seconded, approving the agenda for November 15, 2022, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES  October 4, 2022 Riedel moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of October 4, 2022, as presented. Motion passed 3/0. 3. MATTERS FROM THE FLOOR No one appeared to speak to the Commission. 4. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR A COLLACTION OF AT&T ANTENNNAES ON EXISTING TOWER Applicant: SMJ International, LLC Location: 24283 Smithtown Road Planning Director Darling gave an overview of the request to add antennae, radio receiving units, and other equipment on the existing tower at 24283 Smithtown Road. She noted that the existing tower was built in 1983 and has been used for cellular equipment since 1988. She reviewed the existing uses at the surrounding parcels and explained the proposal to install a new triangular platform and array as well as additional ground equipment. She stated that staff is proposing that the applicant make the appearance of the area less industrial and more appropriate in a commercial setting. She noted that they are proposing that the applicant remove the proposed lights, install the cables CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 15, 2022 Page 2 of 6 underground, add a doghouse to the tower, and to paint the ground equipment to match the accessory building to it will blend in. She noted that there is at least one dead tree on the property that the City has asked that to be removed and for the applicant’s to plant a few more pine trees in order to help enhance the screening. She stated that she is also suggesting that the Commission add a condition that the generator has to operate in conformance with the City’s noise ordinance. She noted that this is an emergency back- up generator, so it is not likely to be used, but it will need to be tested on a regular basis. Staff recommends approval. Commissioner Riedel noted that the osprey nest has been discussed many times and noted that one of the conditions is that the work must be done outside of the osprey nesting season. Commissioner Eggenberger asked if the ‘doghouse’ she mentioned was a technical term that he has just never heard before. Planning Director Darling explained that ‘doghouse’ is a non-technical term that describes the little cover she was referring to. Chair Maddy asked if the request from the City to get rid of the ice bridge and go underground was made purely due to aesthetics. Planning Director Darling confirmed that it was based on aesthetics for this location. Commissioner Eggenberger asked if the City had a preference for what kind of coniferous tree is planted. Planning Director Darling stated that they would like to see something that is climate tolerant, such as pine or spruce. She noted that this is a not in a highly salted area, so she thinks that they can pick whatever will be best for the soil in this area. Andy Bobrytzke, SMJ International,49030 Pontiac Trail, Wixom, MI, explained the reason that AT&T would like to collocate on the existing tower. He noted that going underground with the coax cables is difficult because they do not know what is there because the tower was not initially designed for this usage. He explained that this was why they would prefer to go with a standard ice bridge and noted that perhaps they could look at making their fences taller to help with the screening. He stated that if that were allowed, they also would not have to paint the equipment and explained that the problem with painting it that is if the equipment breaks, they will need to try to rematch the paint and fencing things in would just be easier. He noted the importance of the motion detector type security lighting that they are proposing. He reiterated that if they are allowed to put everything behind a higher fence, everything could be hidden. He stated that he was not sure how much of the property American Tower owned and explained that he wasn’t sure if they would have the right to put up plants and trees on the owners’ property. Chair Maddy noted that the City had worked with this property many times and asked Planning Director Darling how much area they have and if the portion where the trees would go would be part of it. Planning Director Darling stated that she thinks that this probably outside of the easement area but doubted that the property owner would scoff at letting them put in a few trees in the area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 15, 2022 Page 3 of 6 Mr. Bobrytzke stated that they can make anything work that they need to but reiterated the difficulty in going underground with the cable but noted that they can look into that possibility. Commissioner Riedel explained that the primary concern, as explained by Planning Director Darling, was related to aesthetics. He stated that he believes staff is willing to work with Mr. Bobrytzke to find a solution that is aesthetically acceptable. Planning Director Darling noted that the problem with putting up fencing is that the equipment is going to be about 11.5 feet tall, so putting a fence in that will hide all of that equipment will be very tall. She noted that any fence that is over 7 feet tall needs to have wind loading and they would also need to obtain a Conditional Use Permit. Mr. Bobrytzke stated that he will take that information back to AT&T. Planning Director Darling suggested that the Commission could continue this item for another month in order to give Mr. Bobrytzke time to work on these issues. Mr. Bobrytzke stated that he would prefer to have that kind of extension rather than a recommendation of denial of their request. Chair Maddy asked what the proposed antennae would be used for. Mr. Bobrytzke stated that they are just for cell phone usage. Chair Maddy explained that there is the desire for better internet access in the City and asked if this would be used for the in home wireless replacement type usage. Mr. Bobrytzke stated that he is not sure which products AT&T is selling, but knows that they do sell in home products. Chair Maddy stated that the city wants a good- looking tower, but also wants good internet and he is trying to find the balance in how this is considered. He asked about the cabling that staff has asked to be placed underground and whether they were the hollow wave guide types that would be tough to bend. Mr. Bobrytzke confirmed that was correct and noted that he would ask their engineers look at this and see what they can be done. Chair Maddy opened the Public Hearing at 7:22 P.M. There being no comments, he closed the Public Hearing. Chair Maddy suggested that the Commission review the recommendations from staff. Commissioner Eggenberger stated that he supports the first two suggestion conditions. Commissioner Riedel stated that Planning Director Darling also did not think the owner would have a problem with them planting some trees, so the third condition should be fine as well. He noted that the applicant has objected to the fourth condition related to lighting. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 15, 2022 Page 4 of 6 Commissioner Eggenberger asked if there was currently an overabundance of lighting on the tower. Planning Director Darling explained that there were no lights on any of the equipment. She stated that her thought was that instead of these lights providing more security, all they do is light it up for people to do mischief in the area. She noted that the entire ground area is enclosed by a chain link fence with three strands of barbed wire on the top. She stated that she did not think the proposed lights would actually be protecting anything in that area. Commissioner Eggenberger stated that he was in favor of keeping the fourth condition, as proposed. Commissioner Riedel suggested that it could be amended that the applicant try to calibrate the motion sensors so the lights would not be tripping frequently and only turns on if someone actually enters the enclosure. Chair Maddy stated that he feels that may be tough to enforce and noted that he understands the reason behind their desire to have motion detector lights in the area. He stated that he does think motion lights are the best for this type of situation because when they come on it can cause heads to turn and pay attention and would be fine relaxing that condition. Planning Director Darling asked if the Commission wanted the lights to be full cut-off lights. Chair Maddy noted that he would support full cut-off lights. Commissioner Riedel stated that regarding painting the equipment the applicant had expressed the potential difficulty in matching the paint if a repair would need to be made. He stated that if their solution was to put up a big wooden fence it would be a moot point, but through the chain link fence, he thinks the painting would make a big difference. He stated that he did not think it was unreasonable for the city to ask that the equipment be painted. Commissioner Eggenberger stated that he would support leaving the requirement for painting the equipment. Chair Maddy explained that he would support an ice bridge because this is a cell antenna and is not sure how much the city wants to actually hide what it is. Planning Director Darling noted that she was not sure what the height of the proposed ice bridge would be but explained that there is double fencing on the site. She stated that there is fence around the leased area and then the perimeter of the property also has a chain link fence. Commissioner Eggenberger asked if the cables would be painted if they were left above ground. Planning Director Darling stated that could be done, but they are more difficult to paint. Mr. Bobrytzke stated that the cables will be black and the ice bridge will be galvanized steel. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 15, 2022 Page 5 of 6 Commissioner Riedel stated that he would support language in the recommendation that asked the application to look into putting the cables underground and if the cost would be prohibitive, the city could approve this proposal. Planning Director Darling noted that the language is subjective and the carrier would consider the cost prohibitive. Commissioner Eggenberger stated that with the cables being black he does not think he has a problem with them. Commissioner Riedel stated that this will be quite conspicuous because there is a large tower that is very industrial looking and now there will be a big protrusion seven feet up. He agreed that it is adding more industrial equipment to this spot, but he is not sure how much it will really change the aesthetics. Chair Maddy reiterated that he is okay with this looking like a cell phone antenna. Commissioner Riedel stated that what may be more important than the rest of the discussion is the addition of conifers in the back that will help screen this industrial area with trees that will grow and block it may be more effective than paint or fencing. Chair Maddy reviewed the suggested conditions: installation of new trees; full cut off motion lights are acceptable; and allowing the cable ice bridge. Riedel moved, Eggenberger seconded, recommending approval of the CUP for Collocation of Telecommunication Antennae at 24283 Smithtown Road, subject to the staff recommendations in the staff report including items: #1, #2, #3, a revision to #4 to state that the applicant must install full cut off motion activated lights, remove conditions #5b, #5c, and #5e, adjust condition #5d to say that the antennae and reinforcements shall be factory coated or painted a similar color to the existing tower, include #6, and the additional condition #7, that the generator has to operate in conformance with the City’s noise ordinance. Motion passed 3/0. Planning Director Darling noted that this will be on the November 28, 2022 City Council agenda. B. PUBLIC HEARING – COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT Applicant: Carl Zinn Location: 6200 Cardinal Drive (3411723440052) Planning Director Darling stated that this is a request for a Comprehensive Plan Amendment and Zoning Map Amendment to allow the detachment of a .43-acre parcel from the City of Chanhassen and the annexation of the parcel into Shorewood. She noted that the home that had previously straddled the lot line has been removed. She reviewed the existing and proposed City boundary lines. She noted that because of the grade of the site, the applicant is proposing to have a private driveway and utilities from the City of Chanhassen. She noted that the city staff agrees to this proposal because it is more practically accessible from Chanhassen. She explained that this action will require a joint powers agreement be approved by both City Councils. Staff recommends approval. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 15, 2022 Page 6 of 6 Commissioner Riedel stated that since the utilities will come from Chanhassen, he asked why all the parcels would not just be in Chanhassen. Planning Director Darling explained that there is currently what is close to a buildable property in the City, so she would be hard pressed to come up with a reason for the staff to support the loss of a full lot. Commissioner Riedel asked if there were other instances where there is a property owner who lives in the City but pays utility bills to another City. Planning Director Darling stated that in this instance they would have to pay sewer and water to the City of Chanhassen and would still have to pay storm sewer fees to Shorewood. She noted that there are many properties in the City that get their utilities from other cities. Chair Maddy opened the Public Hearing at 7:52 P.M. noting the procedures used in a Public Hearing. There being no comment, he closed the Public Hearing. Eggenberger moved, Riedel seconded, recommending approval of the Comprehensive Plan Amendment and Zoning Map Amendment to allow the concurrent detachment/annexation of property 3511723420052 (North portion of 6200 Cardinal Avenue), subject to the staff recommendation that the parcel be classified as R-1C. Motion passed 3/0. Planning Director Darling noted that this item will tentatively move forward to the City Council on November 28, 2022. She explained that she will stay in contact with the applicant to let them know if there is a delay since this is dealing with both cities. 5. OTHER BUSINESS A. Liaisons for Council Meetings on January 23 and February 27, 2023 January 23, 2023: Commissioner Eggenberger February 27, 2023: To be determined at a later date 6. REPORTS • Council Meeting Report Council Liaison Gorham reported on matters considered and actions taken during the Council’s recent meetings. He noted that the new City Administrator should be starting in early January. • Draft Next Meeting Agenda Planning Director Darling stated that slated for the next meeting is an application for a variance for a shed and review of the Capital Improvements Program. 7. ADJOURNMENT Riedel moved, Eggenberger seconded, adjourning the Planning Commission Meeting of November 15, 2022, at 8:07 P.M. Motion passed 3/0. #5C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: CUP to Collocate Antennas on an Existing Monopole Location: 24283 Smithtown Road Applicant: SMJ International, LLC. on behalf of AT&T Meeting Date: November 28, 2022 Prepared by: Marie Darling, Planning Director Review Deadline: February 15, 2022 Attachments: Planning Memorandum from the November 15, 2022 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At the November 15, 2022 meeting, the Planning Commission unanimously recommended approval of the conditional use permit, subject to the conditions in the attached resolution. Summary of Public Notice and Testimony: Notice was published in the city’s official newspaper and mailed to all property owners within 500 feet of the property at least 10 days prior to the Planning Commission public hearing on November 15, 2022. The applicant and the property owner were present at the meeting and the applicant spoke in favor of the application. At their meeting, the Planning Commission altered the list of conditions in the staff report to those in the resolution. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request. Proposed motion: Move to adopt the attached resolution approving a conditional use permit for SMJ International, LLC. for property located at 24283 Smithtown Road, as recommended by the Planning Commission. Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicant would submit the information as required in the attached resolution with a building permit request. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2022 Cases\\24283 Smithtown Road - ATT collocation\\CAF.docx PROJECT SUMMARY SURVEYOR'S NOTES FIELD SURVEY DATE: 02/19/20191. THERE IS ACCESS TO THE SUBJECT PROPERTY VIA AN ACCESS EASEMENT - AS SURVEYED TO SMITHTOWN ROAD, A PUBLIC RIGHT OF WAY. SITE ADDRESS: 24283 SMITHTOWN RD, EXCELSIOR, MN 55331-8874 2. THE LOCATIONS OF ALL UTILITIES SHOWN ON THE SURVEY ARE FROM VISIBLE SURFACE EVIDENCE ONLY. PARCEL INFORMATION 3. AT THE TIME OF THIS SURVEY THERE WAS NO OBSERVABLE SURFACE OWNER: FISH & SON PROPERTIES LLC EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR OWNER ADDRESS:70 FLORENCE DR, TONKA BAY, MN 55331 APN: 3311723140005BUILDING ADDITIONS WITHIN RECENT MONTHS. INSTRUMENT NO.: T05450322 4. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF THE SUBJECT PROPERTY BEING USED AS A SOLID WASTE DUMP, SUMP OR TOTAL AREAS: ATC TOWER SERVICES, INC. SANITARY LANDFILL. SITE LOCATION 5. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF 3500 REGENCY PARKWAY ANY RECENT CHANGES IN STREET RIGHT-OF-WAY LINES EITHER SUITE 100 COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING CARY, NC 27518 JURISDICTION. GEOGRAPHIC COORDINATES OF TOWER: 6. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF PHONE: (919) 468-0112 ANY RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. FAX: (919) 466-5415 VERTICAL. DATUM: NAVD 1988 HORIZONTAL DATUM: NAD83 7.THIS SURVEY WAS PREPARED TO SHOW THE INTERESTS OF AMERICAN GROUND ELEVATION: 978.9 TOWER CORPORATION AND IMPROVEMENTS PROXIMAL TO SAID INTERESTS. IT DOES NOT CONSTITUTE AN AS-BUILT SURVEY OF THE THESE DRAWINGS AND/OR THE ACCOMPANYING COORDINATES ARE BASED ON MINNESOTA STATE PLANE COORDINATES, SOUTH ENTIRE PARENT PARCEL.SPECIFICATION AS INSTRUMENTS OR SERVICE ARE THE ZONE, HENNEPIN COUNTY PROJECTION; BEARINGS ARE BASED ON MINNESOTA STATE PLANE COORDINATES, SOUTH ZONE, HENNEPIN COUNTY PROJECTION. EXCLUSIVE PROPERTY OF AMERICAN TOWER. THEIR USE AND 8.ALL BEARING AND DISTANCE CALLS ARE MEASURED UNLESS OTHERWISE PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE NOTED. FLOODPLAIN: FOR WHICH THEY ARE PREPARED. ANY USE OR DISCLOSURE 9.UNLESS OTHERWISE SPECIFIED, UTILITY POLES DID NOT IDENTIFY PER THE FEMA FLOODPLAIN MAPS, THE SITE IS LOCATED IN AN AREA DESIGNATED OTHER THAN THAT WHICH RELATES TO AMERICAN TOWER OR OWNERSHIP. AS ZONE X. THE SPECIFIED CARRIER IS STRICTLY PROHIBITED. TITLE TO T 10. AT THE TIME OF THIS SURVEY THERE WAS SIGNIFICANT SNOW COVER. COMMUNITY PANEL NO. : 27053C0314FDATED: 11/04/2016 THESE DOCUMENTS SHALL REMAIN THE PROPERTY OF THERE MAY BE IMPROVEMENTS THAT EXIST BUT ARE NOT SHOWN ON AMERICAN TOWER WHETHER OR NOT THE PROJECT IS BOUNDARY NOTE SURVEY DUE TO THE SNOW COVER. EXECUTED. NEITHER THE ARCHITECT NOR THE ENGINEER WILL THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PARENT BE PROVIDING ON-SITE CONSTRUCTION REVIEW OF THIS TRACT. ANY PARENT TRACT PROPERTY LINES SHOWN HEREON ARE FROM PROJECT. CONTRACTOR(S) MUST VERIFY ALL DIMENSIONS AND SUPPLIED INFORMATION AND ARE NOT FIELD VERIFIED. ADVISE AMERICAN TOWER OF ANY DISCREPANCIES. ANY ZONING INFORMATION PRIOR ISSUANCE OF THIS DRAWING IS SUPERSEDED BY THE ENCROACHMENT STATEMENT LATEST VERSION ON FILE WITH AMERICAN TOWER. AT THE TIME OF THE SURVEY THERE WERE VISIBLE ENCROACHMENTS AS FOLLOWS: A. THE FENCE ALONG THE WESTERLY ENCROACHES BEYOND THE PARENT PARCEL ZONING INFORMATION NOT PROVIDED AT TIME OF SURVEY. VICINITY MAPPARENT PARCEL COMPOUND DETAIL REV.DESCRIPTIONBYDATE B. THE ACCESS EASEMENT AS PROVIDED GOES THROUGH A CURB ISLAND WHICH 123 WOULD BE REMEDIED BY THE AS-SURVEYED ACCESS EASEMENT SHOWN HEREON.NTS PRELIMBCO02/20/19 0 001000'2000' 020'40' REVISIONSDMS03/15/19 1 LEGAL DESCRIPTION FINALBCO05/14/19 2 PARENT PARCEL - AS PROVIDED: (per Coral Report) SCALE: 1"=1000' (11X17) SCALE: 1"=20' (11X17) That part of Lot 27, Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, described as beginning at the Southeast corner of Block 1, SENN 1"=500' (22X34) ADDITION; thence along the Easterly extension of the Southerly line of said Block 1 a distance of 85 feet; thence Northerly parallel with the East line of said Block 1 to the Northerly 1"=10' (22X34) ATC SITE NUMBER: line of said Lot 27; thence Westerly along said Northerly line to the East line of said Block 1; thence Southerly along said East line to the point of beginning. Contains 18,664+/- SQ. FT. or 0.43+/- Acres. 81418 ATC LEASE AREA - AS PROVIDED & AS SURVEYED: (Per Memorandum of Amendment No. 2 to Option-Lease Agreement Inst. No. 3597900) The southerly 85.00 feet of the following described property (said 85.00 feet being measured along the east and west lines of the following described property): That part of Lot 27, ATC SITE NAME: Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, described as beginning at the Southeast corner of Block 1, Senn Addition; thence along the Easterly extension of the Southerly line of said Block 1 a distance of 85 feet; thence Northerly parallel with the East line of said Block 1 to the Northerly line of said Lot 27; thence Westerly along said Northerly line to the East line of said Block 1; thence Southerly along said East line to the point of beginning. Contains 7,007+/- SQ. FT. or 0.16+/- SHOREWOOD MN Acres. ACCESS EASEMENT - AS PROVIDED:(Per Memorandum of Amendment No. 2 to Option-Lease Agreement Inst. No. 3597900) The westerly 12.00 feet of that part of Lot 27, Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, described as beginning at the Southeast SITE ADDRESS: corner of Block 1, Senn Addition; thence along the Easterly extension of the Southerly line of said Block 1 a distance of 85 feet; thence Northerly parallel with the East line of said 24283 SMITHTOWN RD. Block 1 to the Northerly line of said Lot 27; thence Westerly along said Northerly line to the East line of said Block 1; thence Southerly along said East line to the point of beginning. Contains 1,689+/- SQ. FT. or 0.04+/- Acres EXCELSIOR, MN 55331 ACCESS EASEMENT - AS SURVEYED: SURVEY CERTIFICATE: A 12.00 foot wide access easement over, under and across that part of Lot 27, Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota, THIS IS TO CERTIFY THAT O'MALLEY & KRON LAND described as follows: Commencing at the Southeast corner of Block 1, SENN ADDITION; thence North 76 degrees 00 minutes 11 seconds East, assumed bearing, along the SURVEYORS, INC. AT THE REQUEST AND FOR easterly extension of the Southerly line of said Block 1, a distance of 85.00 feet; thence North 00 degrees 07 minutes 11 seconds East, parallel with the East line of said Block 1, a distance of 202.12 feet, to the point of beginning of the easement to be described; thence continue North 00 degrees 07 minutes 11 seconds East, along said parallel line, 25.13 EXCLUSIVE USE OF AMERICAN TOWER CORP., HAS feet, to the southerly line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 19, PLAT 57; thence South 74 degrees 55 minutes 27 seconds West, along last described southerly PERFORMED THIS AS-BUILT SURVEY OF THE line, 12.43 feet; thence South 00 degrees 07 minutes 11 seconds West, parallel with said East line of Block 1, a distance of 13.13 feet; thence South 72 degrees 15 minutes 17 LEASE AREA, FROM THE RECORD SOURCES AND seconds West, 74.00 feet, to said East line of Block 1; thence South 00 degrees 07 minutes 11 seconds West, along said East line, 123.89 feet, to a point 85.00 feet northerly of ACTUAL FIELD SURVEY ON 2/19/2019 IN said Southeast corner of Block 1, as measured along said East line; thence North 76 degrees 00 minutes 11 seconds East, parallel with said easterly extension of the Southerly line of Block 1, a distance of 12.37 feet, to a line drawn 12.00 feet easterly of, as measured at a right angle to and parallel with, said East line of Block 1; thence North 00 degrees 07 ACCORDANCE WITH THE MINIMUM STANDARDS minutes 11 seconds East, along last described parallel line, 112.13 feet; thence North 72 degrees 15 minutes 17 seconds East, 74.00 feet, to the point of beginning. FOR PROPERTY BOUNDARY SURVEYS. ALL LINEAR Contains 2,534+/- SQ. FT. or 0.06+/- Acres AND ANGULAR VALUES SHOWN ARE BASED UPON DEED OR RECORD INFORMATION UNLESS OTHERWISE NOTED. NOTES CORRESPONDING TO TITLE REPORT (SIGNED) _______________________________ 4 2 BENJAMIN C. O'MALLEY THE CORAL REPORT ISSUED BY LINCOLN ABSTRACT & SETTLEMENT SERVICES AS FILE NUMBER 19104669MN AND A SEARCHED FROM DATE OF MINNESOTA REGISTRATION 42300 6/1/1979 TO 2/12/2019 CONTAINS THE FOLLOWING EXCEPTION ITEMS: Mortgages: Type: Mortgage Mortgagee: Bridgewater Bank Mortgagor: Fish & Son Properties, LLC Amount: $150,000.00 Dated: September 19, 2018 Recorded/Filed: September 25, 2018 Document#: T05563359 (APPLIES TO PARENT PARCEL - AS PROVIDED) Affected by: 1. Assignment of Rents recorded Septemeber 25, 2018 as Instrument Number T05563360. (APPLIES TO PARENT PARCEL - AS PROVIDED)SURVEY LOGO: Liens/Judgments: None Found of Record. O'MALLEY & KRON LAND SURVEYORS, INC. Lease/Easements: 1004 2ND STREET SE 1. Option-Lease Agreement between Richard A. Moore and Chicago Title Insurance Co. dated January 15, 1982 and recorded December 21, 1982 as Instrument 6 4760996. (APPLIES TO PART OF PARENT PARCEL, REVISED BY INSTRUMENT NO. 3597900, NOT SHOWN ON SURVEY) WILLMAR, MN 56201 2. Option-Lease Amendment between Richard A, Moore and Colleen Moore and Chicago Title Insurance Co. dated October 11, 1983 and recorded November 8, 1983 PH. 320-235-4012 as Instrument 4843529. (NO DESCRIPTION FOR LEASE AREA PROVIDED, PARKING EASEMENT AS SHOWN ON SURVEY) 3. Assignment and Assumption of Lease between Chicago Title Insurance Company and Minneapolis SMSA Limited Partnership dated September 28, 1984 and WWW.OMALLEY-KRON.COM recorded April 16, 1985 as Instrument 4985882. (APPLIES TO PART OF PARENT PARCEL, REVISED BY INSTRUMENT NO. 3597900, NOT SHOWN ON 6 SURVEY) 4. Ninety-Nine Year Lease between James J. Heiland and Jane C. Heiland and Richard A. Moore and Colleen Moore dated December 10, 1986 and recorded June 2, DRAWN BY:B.C.O. 1987 as Instrument 5274985. (APPLIES TO PART OF PARENT PARCEL, REVISED BY INSTRUMENT NO. 3597900, NOT SHOWN ON SURVEY, PARKING B EASEMENT PER INSTRUMENT NO. 4843529 AS SHOWN ON SURVEY) A 5. Memorandum of Amendment No.2 to Option-Lease Agreement between Colleen Moore, Jeffrey C. Williams and Verizon Wireless (VAW) d/b/a Verizon Wireless APPROVED BY:B.C.O. dated August 30, 2002 and recorded September 5, 2002 in Book at Page as Instrument 3597900. (APPLIES TO ATC LEASE AREA AND ACCESS EASEMENT AS PROVIDED) DATE DRAWN:2/20/2019 6. Memorandum of Amendment No.3 between Fish & Son Properties, LLC and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless dated November 14, 2008 and recorded February 4, 2009 as Instrument T4612476. (APPLIES TO PARENT PARCEL - AS PROVIDED) ATC JOB NO:81418 7. There are no other leases or easements found of record. Other: 1. Matters set forth on Plat entitled Plat of Auditor's Subdivision Number 133 recorded December 8, 1924 in Book 82 at Page 120. (UNDERLYING PLAT) AS-BUILT/TITLE AND 2. Matters set forth on Plat entitled Echo Hills 2nd Addition recorded March 28, 1955 in Book 134 at Page 17. (ADJACENT PLAT) 3. Matters set forth on Plat entitled Plat of Hennepin County State Aid Highway recorded September 26, 1985 in Book 2243 at Page 668434 .(RIGHT OF WAY PLAT C FOR C.S.A.H. NO. 19)SURVEY PLAN T BOUNDARY PLAN 4. Matters set forth on Plat entitled Senn Addition recorded October 2, 1990 as Instrument 9665. (ADJACENT PLAT) E 4 5. Application to Register Title recorded May 31, 1994 as Instrument 6292964. (NO ITEMS TO PLOT) GN 4. Affidavit of Identity and Survivorship recorded January 6, 1995 as Instrument 6384494. (NO ITEMS TO PLOT) AC 5. Application to Register Title recorded April 18, 1995 as Instrument 2602560. (PARENT PARCEL AS PROVIDED) 0040'80' 6. Final Certificate of Condemnation recorded August 29, 2008 as Instrument 4525167. (HIGHWAY, DRAINAGE & UTILITY EASEMENT AS SHOWN ON SURVEY) SHEET NUMBER:REVISION: OHW SCALE: 1"=40' (11X17) V-101 2 1"=20' (22X34) PROJECT SUMMARY FIELD SURVEY DATE: 02/19/2019 SITE ADDRESS: 24283 SMITHTOWN RD, EXCELSIOR, MN 55331-8874 PARCEL INFORMATION OWNER: FISH & SON PROPERTIES LLC OWNER ADDRESS:70 FLORENCE DR, TONKA BAY, MN 55331 APN: 3311723140005 INSTRUMENT NO.: T05450322 ATC TOWER SERVICES, INC. TOTAL AREAS: SITE LOCATION 3500 REGENCY PARKWAY SUITE 100 CARY, NC 27518 PHONE: (919) 468-0112 FAX: (919) 466-5415 GEOGRAPHIC COORDINATES OF TOWER: VERTICAL. DATUM: NAVD 1988 HORIZONTAL DATUM: NAD83 THESE DRAWINGS AND/OR THE ACCOMPANYING GROUND ELEVATION: 978.9 SPECIFICATION AS INSTRUMENTS OR SERVICE ARE THE EXCLUSIVE PROPERTY OF AMERICAN TOWER. THEIR USE AND COORDINATES ARE BASED ON MINNESOTA STATE PLANE COORDINATES, SOUTH ZONE, HENNEPIN COUNTY PROJECTION; BEARINGS ARE BASED PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE ON MINNESOTA STATE PLANE COORDINATES, SOUTH ZONE, HENNEPIN COUNTY PROJECTION. FOR WHICH THEY ARE PREPARED. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO AMERICAN TOWER OR FLOODPLAIN: THE SPECIFIED CARRIER IS STRICTLY PROHIBITED. TITLE TO T PER THE FEMA FLOODPLAIN MAPS, THE SITE IS LOCATED IN AN AREA DESIGNATED AS ZONE X. THESE DOCUMENTS SHALL REMAIN THE PROPERTY OF COMMUNITY PANEL NO. : 27053C0314FDATED: 11/04/2016 AMERICAN TOWER WHETHER OR NOT THE PROJECT IS EXECUTED. NEITHER THE ARCHITECT NOR THE ENGINEER WILL BOUNDARY NOTE BE PROVIDING ON-SITE CONSTRUCTION REVIEW OF THIS PROJECT. CONTRACTOR(S) MUST VERIFY ALL DIMENSIONS AND THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PARENT TRACT. ANY PARENT TRACT PROPERTY LINES SHOWN HEREON ADVISE AMERICAN TOWER OF ANY DISCREPANCIES. ANY ARE FROM SUPPLIED INFORMATION AND ARE NOT FIELD VERIFIED. PRIOR ISSUANCE OF THIS DRAWING IS SUPERSEDED BY THE LATEST VERSION ON FILE WITH AMERICAN TOWER. ENCROACHMENT STATEMENT AT THE TIME OF THE SURVEY THERE WERE VISIBLE ENCROACHMENTS AS FOLLOWS: A. THE FENCE ALONG THE WESTERLY ENCROACHES BEYOND THE PARENT PARCEL VICINITY MAPPARENT PARCEL COMPOUND DETAIL REV.DESCRIPTIONBYDATE B. THE ACCESS EASEMENT AS PROVIDED GOES THROUGH A CURB ISLAND WHICH 123 NTS PRELIMBCO02/20/19 WOULD BE REMEDIED BY THE AS-SURVEYED ACCESS EASEMENT SHOWN HEREON. 0 001000'2000' 020'40' REVISIONSDMS03/15/19 1 FINALBCO05/14/19 2 SCALE: 1"=1000' (11X17) SCALE: 1"=20' (11X17) 1"=500' (22X34) 1"=10' (22X34) ATC SITE NUMBER: 81418 ATC SITE NAME: SHOREWOOD MN SITE ADDRESS: 24283 SMITHTOWN RD. EXCELSIOR, MN 55331 SURVEY CERTIFICATE: THIS IS TO CERTIFY THAT O'MALLEY & KRON LAND SURVEYORS, INC. AT THE REQUEST AND FOR EXCLUSIVE USE OF AMERICAN TOWER CORP., HAS PERFORMED THIS AS-BUILT SURVEY OF THE LEASE AREA, FROM THE RECORD SOURCES AND ACTUAL FIELD SURVEY ON 2/19/2019 IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS. ALL LINEAR AND ANGULAR VALUES SHOWN ARE BASED UPON DEED OR RECORD INFORMATION UNLESS OTHERWISE NOTED. (SIGNED) _______________________________ BENJAMIN C. O'MALLEY MINNESOTA REGISTRATION 42300 SURVEY LOGO: O'MALLEY & KRON LAND SURVEYORS, INC. 1004 2ND STREET SE WILLMAR, MN 56201 PH. 320-235-4012 WWW.OMALLEY-KRON.COM DRAWN BY:B.C.O. B A APPROVED BY:B.C.O. DATE DRAWN:2/20/2019 ATC JOB NO:81418 EXISTING CONDITIONS AND C TOPOGRAPHIC PLAN SURVEY PLAN T E 4 GN AC 0040'80' SHEET NUMBER:REVISION: OHW SCALE: 1"=40' (11X17) V-102 2 1"=20' (22X34) ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? RESOLUTION 22-121 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ANTENNA COLLOCATION ON AN EXISTING MONOPOLE AND RELATED EQUIPMENT AT 24283 SMITHTOWN ROAD WHEREAS, SMJ International, LLC., on behalf of AT&T, has applied to add nine telecommunication antennas and other equipment in a triangular array on the existing monopole and add related ground equipment on the property legally described as: Lot 27, Auditor’s Subdivision No. One Hundred Thirty-three (133), Hennepin County, Minnesota, described as beginning at the southeast corner of Block 1, Senn Addition; thence along the easterly extension of the southerly line of said Block 1 a distance of 85 feet; thence northerly parallel with the east line of said Block 1 to the northerly line of said Lot 27; thence westerly along said northerly line to the east line of said Block 1; thence southerly along said east line to the point of beginning. Subject to a lease agreement dated January 15, 1982 and filed for record December 21, 1982 as County Recorder Document No 4760996 in favor of Chicago Title Insurance Company, amended by lease amendment dated January 15, 1982 and filed for record November 8, 1983 as County Recorder Document No. 4843529; with assignment and assumption of the vendee’s interest in said lease in favor of Minneapolis SMSA Limited Partnership, a Delaware Limited Partnership, dated September 28, 1984 and filed for record April 16, 1985 as County Recorder Document No. 4985882; (the “Property”) and WHEREAS, the applicant proposes to collocate their equipment on and near the existing monopole tower; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on November 15, 2022, the minutes of the meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on November 28, 2022, at which time the Planning Director’s memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, the public and City staff; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in a C -1 General Commercial district, which allows antenna collocations subject to the approval of a conditional use permit. 2. The applicant’s proposal is identified on plans and materials submitted to the City on September 29, 2022 and October 5 and 18, 2022 (the “Plans”). CONCLUSIONS 1. The Applicant’s plans have satisfied the criteria of a conditional use permit to collocate antennas under the Shorewood City Code. 2. The Applicant’s plans indicate the collocation would be compatible with the neighborhood and would not tend to depreciate the area. 3. The application would not overburden the city’s service capacity and existing public services and streets. 4. Based upon the foregoing, the City Council hereby grants to the Applicant a conditional use permit to collocate additional antennas, radio receiving units and related equipment on the tower and on a new equipment platform within the existing fenced area as shown on the Plans, subject to the following: a. The applicant may not proceed with improvements prior to issuance of required permits. b. Prior to issuance of permits, the applicant shall revise the plans consistent with city code and as follows: 1) Provide a third-party special inspector and either structural drawings stamped by an engineer or a structural report showing that the tower can support the additional antennas and equipment. 2) The antennas, structural reinforcements, and all equipment installed on the tower shall be painted or factory coated to match the existing monopole. 3) The fixture details for the lights proposed on the ground equipment shall be provided and must indicate full cut-off fixtures that are motion activated. 4) The ground equipment, other appurtenances and the ice bridge shall be factory coated or painted to match the accessory building. 5) Add a minimum of three, six-foot conifers to help screen the additional equipment from the park property to the south and note that dead trees shall be removed. c. The applicant shall not install any of the antennas or related equipment on the tower during osprey nesting season or otherwise disturb the nest. d. The applicant shall provide 24-hour emergency contact information and the information shall be kept current and updated as necessary. e. The applicant shall operate the generator in conformance with section 1201.03 Subd. 2 m of City Code. f. The applicant shall not install any lights on the tower (unless required by the FAA) and only motion-activated, full cut-off lights shall be installed on the ground equipment. g. All disturbance of the site shall be restored to preconstruction condition by the end of the growing season. 5. The City Clerk is hereby authorized and directed to record a certified copy of this resolution with Hennepin County. 2 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 28th day of November, 2022. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk 3 #5C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Comprehensive Plan Amendment and Zoning Amendment for a concurrent detachment/annexation of a parcel from the City of Chanhassen to the City of Shorewood Location: 34 117 23 44 0052 (North portion of 6200 Cardinal Drive) Applicant: Carl Zinn Meeting Date: November 28, 2022 Prepared by: Marie Darling, Planning Director Review Deadline: January 27, 2023 Attachments: Planning Memorandum from the November 15, 2022 Meeting Utility Agreement with Chanhassen Resolution for Concurrent Detachment Attachment Resolution for Comprehensive Plan Amendment Ordinance for Zoning Map Amendment Resolution for Utility Agreement Background: See attached planning memorandum for detailed background on this request. Required for this application are:  the approval of the comprehensive plan amendment for concurrent detachment/annexation and application of low-density residential land use to the newly annexed property  the approval of a zoning map amendment to apply the R-1C zoning district to the newly annexed property  a sewer agreement between the applicant, the City of Chanhassen and the City of Shorewood. It would apply to the property being annexed and the property to the north that is already within Shorewood and would be consolidated with the property being annexed prior to issuance of a permit. The Chanhassen City Council is reviewing the resolution for the concurrent detachment/annexation and the utility agreement at their meeting on November 28, 2022. Planning Commission Public Hearing and Public Testimony: At the November 15, 2022 meeting, the Planning Commission voted unanimously to recommend approval of the detachment/annexation, comprehensive plan amendment and zoning map amendment. The commission does not hear requests for utility agreements. The applicant was present at the meeting and spoke in favor of the request. No one from the public requested to speak. 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\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\F4DJN8JM\\CAF Memo.docx Financial or Budget Considerations: The impact to the budget is minimal as the taxes collected would be for one additional buildable lot. The cost of the application is covered by the application fees. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request. Proposed motion: Move to adopt the attached resolutions and ordinance to approve a Comprehensive Plan Amendment for concurrent detachment of a .4 acre parcel from Chanhassen and annexation into Shorewood, the application of the low density residential land use, the application of the R-1C zoning district and the utility agreement to serve the property with utilities provided by the City of Chanhassen. Any action on this request would require a majority of the full City Council. Next Steps and Timelines: If the item is approved, the City staff will send the request to the Metropolitan Council and the state Office of Administrative Hearings. CITY OF CHANHASSEN RESOLUTION NO. 2022-XX CITY OF SHOREWOOD RESOLUTION NO. 22-122 A JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM CHANHASSEN AND ANNEXATION INTO SHOREWOOD OF CERTAIN LANDS PURSUANT TO MINNESOTA STATUTES SECTION 414.061 WHEREAS, the property located at 6200 Cardinal Avenue (PID 34-117-23-44- 0052) is currently within the City of Chanhassen and Hennepin County and is legally described as: That part of Lot 87, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 87; thence west along the south line thereof to the southwest corner thereof; thence north along the west line thereof, a distance of 50 feet; thence in a straight line easterly to a point on the East line of said lot 50 feet north of the southeast corner thereof; thence south along the east line thereof, to the point of beginning. And, That part of Lot 89, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 89; thence north along the west line 50 feet; thence easterly and parallel with the southerly line a distance of 49 feet; thence south 79◦, 41’ 43” west a distance of 51 feet; thence west along the southerly line of said lot a distance of 40 feet to the point of beginning. (the “Annexation Property”) WHEREAS, the Annexation Property is approximately .4 acres in size, shown graphically on Exhibit A attached hereto and incorporated herein is located in the City of Chanhassen; and WHEREAS, the Annexation Property is located along the northerly border of Chanhassen and is located adjacent to the City of Shorewood; and WHEREAS, the City of Shorewood and the City of Chanhassen want the entire Annexation Parcel to be located in the corporate limits of the City of Shorewood; and WHEREAS, the Cities of Chanhassen and Shorewood want to modify their mutual municipal boundary to permit the Annexation Parcel to be located entirely within Shorewood; and WHEREAS, to modify the boundary, the City of Chanhassen desires to detach and the City of Shorewood desires to annex the Annexation Parcel pursuant to Minnesota Statutes §414.061. NOW, THEREFORE, BE IT RESOLVED: 1. The Cities of Chanhassen and Shorewood jointly request that the Minnesota Office of Administrative Hearings – Municipal Boundary Adjustment Unit concurrently detach the Annexation Property from the City of Chanhassen and annex the same to the City of Shorewood at the earliest possible date. 2. The City Attorney for the City of Shorewood is authorized to submit this resolution along with all appropriate application materials to the Minnesota Office of Administrative Hearings – Municipal Boundary Adjustment Unit for the purposes set forth herein. th Adopted by the City Council of the City of Chanhassen on the 28 day of November, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor MOTION BY: SECONDED BY: YES NO ABSENT Adopted by the City Council of the City of Shorewood on the ___ day of ____________, 2022. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk Ed Shukle, Interim City Administrator EXHIBIT A – The Annexation Property RESOLUTION 22-123 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY ON THE NORTH PORTION OF 6200 CARDINAL AVENUE (3411723440052) WHEREAS, Carl Zinn (Applicant), has submitted a request for comprehensive plan amendment for a concurrent detachment/annexation and to apply the low density land use designation (the Request) for the property legally described as: That part of Lot 87, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 87; thence west along the south line thereof to the southwest corner thereof; thence north along the west line thereof, a distance of 50 feet; thence in a straight line easterly to a point on the East line of said lot 50 feet north of the southeast corner thereof; thence south along the east line thereof, to the point of beginning. And, That part of Lot 89, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 89; thence north along the west line 50 feet; thence easterly and parallel with the southerly line a distance of 49 feet; thence south 79◦, 41’ 43” west a distance of 51 feet; thence west along the southerly line of said lot a distance of 40 feet to the point of beginning (the “Subject Property”; And, WHEREAS, the Request has been submitted in the manner required for the development of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly consistent thereunder; and, WHEREAS, said Request is consistent in the manner of amendments to the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood for the approval of such a request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Request for a Comprehensive Plan Amendment to apply the land use classification Low Density Residential on the parcel recently annexed into the City of Shorewood, subject to the required comment period for all affected jurisdictions and review by the Metropolitan Council; ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of November 28, 2022. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 595 AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE – THE SHOREWOOD ZONING MAP (3411723440052) Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described as follows into the R-1C, single family residential zoning district: That part of Lot 87, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 87; thence west along the south line thereof to the southwest corner thereof; thence north along the west line thereof, a distance of 50 feet; thence in a straight line easterly to a point on the East line of said lot 50 feet north of the southeast corner thereof; thence south along the east line thereof, to the point of beginning. And, That part of Lot 89, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 89; thence north along the west line 50 feet; thence easterly and parallel with the southerly line a distance of 49 feet; thence south 79◦, 41’ 43” west a distance of 51 feet; thence west along the southerly line of said lot a distance of 40 feet to the point of beginning. Section 2. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the R-1C, single family residential zoning district. Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. nd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28 day of November, 2022. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk RESOLUTION 22-124 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A UTILITY AGREEMENT FOR THE PROPERTIES KNOWN AS 3411723440050 AND 3411723440052 WHEREAS, Carl Zinn (Applicant), has submitted a request to serve the property with utilities from the City of Chanhassen (the Request) for the property legally described as: That part of Lot 87, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Lot 87; thence west along the south line thereof to the southwest corner thereof; thence north along the west line thereof, a distance of 132 feet; thence at right angles due East 33 feet; thence in a straight line northeasterly to a point on the east line of said Lot, 165 feet north of the southeast corner thereof; thence south along the east line thereof, to the point of beginning. And That part of Lot 89, Auditor’s Subdivision Number 135, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 89; thence north along the west line thereof, a distance of 165 feet; thence at right angles due east a distance of 70 feet; thence southwesterly to a point on the south line of said lot, distant 40 feet easterly, along said south line from the southwest corner thereof, thence west along said south line to the point of beginning (the “Subject Property”); And, WHEREAS, the Request for utilities from the City of Chanhassen has been reviewed and found to be appropriate as the Subject Property’s access to sewer is compromised by grade and a tiered retaining wall and water is not available in the area; and, WHEREAS, said Cities of Chanhassen and Shorewood are amenable to an agreement to serve the property with utilities from Chanhassen WHEREAS, said cities’ staff has prepared a utility agreement with the specific conditions listed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Request for a utility agreement for the Subject Property is approved including the conditions in the agreement; BE IT FURTHER RESOLVED THAT THE City Council hereby authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of November, 2022. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk