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01-23-23 CC Reg Mtg Agenda Packet 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, JANUARY 9, 2023 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:06 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Labadie, Callies, Maddy, and Sanschagrin; City Administrator Nevinski; City Clerk/HR Director Thone; Planning Director Darling; and Parks and Recreation Director Crossfield Absent: None B. Review Agenda Johnson moved, Maddy seconded, approving the agenda as presented. Motion passed 5/0. 2. INTERVIEW FOR PARK COMMISSION 6:00 P.M. – Amy Wenner Mayor Labadie stated that there were two interviews schedule but Ms. Wenner was unable to attend due to illness. Councilmember Maddy asked if the Council had the option to appoint a candidate without an interview, if they felt her resume was good enough. Mayor Labadie stated that historically that has not been done, but noted that right now the Parks Commission cannot meet because they do not have a quorum. She suggested that the Council go ahead and discuss Ms. Wenner’s resume and additional documents that she had submitted. The Council reviewed the information and background submitted by Ms. Wenner the length of terms for the open positions, and when the terms would commence. City Administrator Nevinski suggested that the Council could schedule an interview for Ms. Wenner on January 23, 2023. Mayor Labadie suggested that the Council take time to mull over that possibility and go ahead and proceed with the second scheduled interview. 6:20 P.M. – David Garske David Garske introduced himself and shared some information on his background and experience. He noted that he had previously served on the Parks Commission but had left that position when his family moved to Arkansas for a work opportunity for his wife. He stated that CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 2 of 3 they have moved back to the City and he wanted to resume his involvement with the Parks Commission. The Council asked questions of Mr. Garske regarding his interest in serving on the Parks Commission. Mayor Labadie stated that in addition to the meetings, she would like to see members of the Parks Commission commit to attending two of the four scheduled events, such as Music in the Park or Movie in the Park. Mr. Garske agreed that sounded reasonable to him and noted that he felt it should almost be a baseline expectation that the Commission members attend a portion of the events. Mayor Labadie noted that the Council would discuss his possible appointment and take action later tonight at their regular City Council meeting. She explained that someone from the City would be in touch to let him know the results of their discussion. Planning Director Darling reviewed the required terms based on the language included in the City Code. She noted that it requires the terms to be staggered and gave an overview of when the existing terms expire. Mayor Labadie stated that she was leery of messing with the term lengths. The Council discussed term lengths and the current openings Councilmember Johnson suggested that the Council appoint Amy Wenner to fill the position that expires in 2024, David Garske for the position that expires in 2025, and leave the vacancy that expires in March of 2023 vacant for now. Mayor Labadie asked how soon the new Commissioners would be able to step into their positions. City Administrator Nevinski suggested that the Council appoint them to begin at the next Parks Commission meeting in February. He stated that he feels the City needs to get to a point where they have a quorum and can make decisions. Mayor Labadie asked if the Council could appoint David Garske to the position that was vacated by Joann Schmid that should have expired in March. She stated that this would mean that Mr. Garske would be appointed to the position for three years and one month, expiring February 28, 2026. Councilmember Johnson noted that if the Council can do that, he would be in support of that action. The Council discussed term lengths and appointments in greater detail and agreed that they were comfortable appointing Ms. Wenner, without an interview, based on her background and experience. It was proposed Ms. Wenner be appointed to complete the term set to expire February 28, 2025. Mayor Labadie reiterated that she would like to encourage requirements for the Park Commissioners to attend two of the four City events. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 3 of 3 Councilmember Johnson stated that perhaps the City needs to give the Commission members name badges so they are more visible at the various events. Councilmember Callies stated that she feels the Council can encourage this kind of participation and let them know that it will be a factor in their reappointment. 3. ADJOURN Johnson moved, Maddy seconded, Adjourning the City Council Work Session Meeting of January 9, 2023, at 6:48 P.M. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 9, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. Oaths of Office: City Administrator Nevinski administered the Oath of Office to: Dustin Maddy, Council Member Guy Sanschagrin, Council Member A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Parks and Recreation Director Crossfield; Director of Public Works Morriem; and, City Engineer Budde Absent: None B. Review Agenda Callies moved, Maddy seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies asked to pull items K. and N and place them on the regular agenda for further discussion. Callies moved, Sanschagrin seconded, Approving the Motions Contained on the Consent Agenda, as amended, and Adopt the Resolutions Therein. A. City Council Work Session Minutes of December 12, 2022 B. Municipal Canvas Board Meeting of December 12, 2022 C. City Council Regular Meeting Minutes of December 12, 2022 D. Approval of the Verified Claims List E. Approve Master Fee Schedule. Adopting RESOLUTION NO. 23-001, “2023 City Master Fee Schedule”. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 2 of 13 F. 2023 Mileage Reimburse Rate G. Out of State Travel Policy Approval H. Authorize Advertisement for Public Works Light Equipment Operator I. Accept Donation from Xcel Energy, Joey Nova’s Pizza, Excelsior Eye Care, and Caribou Coffee for Arctic Fever Event, Adopting RESOLUTION NO. 23- 002, “A Resolution Accepting Donations to the City of Shorewood 2023 Arctic Fever Event.” J. Approve Hire of Rink Attendants K. Approve Strawberry Lane Street Reconstruction Project Agreements, Adopting RESOLUTION NO. 23-003, “ A Resolution… (moved to 5.C on the regular agenda) L. Approve Extension of Final Plat Approval for “Excelsior Woods Located at 20325 Excelsior Boulevard for Red Granite Construction, Adopting RESOLUTION NO. 23-004, “A Resolution Approving an Extension to the Final Plat Approval for Excelsior Woods for Property at 20325 Excelsior Boulevard.” M. COVID Sick Leave Policy, Adopting RESOLUTION NO. 23-005, “A Resolution Approving the Expiration of the Covid Emergency Leave Policy for Shorewood Employees.” N. Approve Recreation Specialist Appointment (moved to 6.C. on the regular agenda) Motion passed. 3. MATTERS FROM THE FLOOR Kelly Rogers, 20960 Radisson Road, stated that she had appeared before the Council last spring regarding a dock issue. She stated that since there are new Council members, she was encouraged to come again and speak to the Council. She shared some of the history of her situation with placement of her dock and presented a letter to the Council and asked that it be put on the record. She noted that the property has been sold and her fear is that the new owner will start this situation up again and does not want to have to spend thousands of dollars in more legal fees. Mayor Labadie confirmed that the letter presented by Ms. Rogers would be placed in the City file. 4. PARKS A. Review Security Options for Manor Park Parks and Recreation Director Crossfield asked the Council to disregard the ‘Next Steps’ direction that was given in her staff report because it was included in error. She reviewed the increase in the level of vandalism which has resulted in costs to repair the restrooms at Manor Park. She CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 3 of 13 reviewed some of the security options that staff has considered to address the issue. She explained that they are recommending a dual approach of a FlashCAM and a community mural. She stated that she would recommend that the Council set a spending limit for the cost of the mural and approve purchase of the FlashCAM equipment. Mayor Labadie asked about the vandalism that has occurred to the building and if it was both interior and exterior. Parks and Recreation Director Crossfield stated that the damage she has seen, since she has been with the City, has all been in the interior of the building. Planning Director Darling stated that previously, there has been damage done to the exterior of the building, but recently it has been interior. Councilmember Sanschagrin asked about the cost of the damage as well as the cost of the proposed solution. Parks and Recreation Director Crossfield explained that the information staff has received regarding the most recent damage is $3,970 and stated that the FlashCAM costs $7,945 plus a shipping fee. She noted that the cost for a community mural, if the City works with a community art teacher or a newer artist, can be low, especially if residents are able to help with the painting process. Councilmember Sanschagrin explained that it could also be something that could be changed at times and referenced one he had seen in Florida that was cleared every few years for a new project. Councilmember Callies stated that she really likes the idea of using a creative approach with the addition of a mural in addition to the camera. Mayor Labadie asked if there were any statistics about the recent vandalism to Badger Park. Parks and Recreation Director Crossfield stated that she had misspoken earlier when she listed the cost of the vandalism to Manor Park was $3,970 because that dollar amount was for repainting the vandalism at four parks that had vandalism. She reiterated that the FlashCAM will be portable and can be used to other parks, as needed. Mayor Labadie reminded the Council of the vandalism that had occurred the night before the Grand Opening celebration for Badger Park in the form of a fire lit inside the building. Councilmember Maddy asked if the idea was to paint the mural on both the inside and outside of the building. Parks and Recreation Director Crossfield stated that she would like to see the City do some community engagement with residents in the area to see what they would prefer to see in their neighborhood park. She noted that the recommendation right now is just for a mural at Manor Park, but if it is found to be successful, they could look at doing something similar at Badger Park as well. The Council discussed various ideas for community involvement and the mural. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 4 of 13 Councilmember Callies asked if the FlashCAM would be mounted high enough so it would not be vandalized or stolen. Parks and Recreation Director Crossfield explained that the recommended height was for it to be mounted fifteen feet high, but it can be installed higher. Mayor Labadie asked about the statement from the staff report about possible grants that may be available. Parks and Recreation Director Crossfield explained that for the mural, there are a number of grants available that may be able to help offset those costs. Mayor Labadie asked if a resolution for this would increase the City’s chances of receiving a grant for something like this. City Attorney Shepherd stated that a resolution may increase their chances. He noted that the Council could make a motion to approve purchase of the FlashCAM and then if they wanted to fill out a grant application for help with the mural costs, they could approve a resolution. Councilmember Callies stated that she would like the Council to move forward and not wait for a resolution. Johnson moved, Sanschagrin seconded, to approve the purchase of a FlashCAM for initial use at Manor Park in order to deter vandalism. Motion passed. Councilmember Johnson stated that he would suggest the first step in moving forward on the possible mural is to reach out to the Manor Park community group that was very involved when there were concerns about the pond. He stated that following that discussion it can come back to the Council with ideas based on their interest level. Callies moved, Johnson seconded, to direct Parks and Recreation Director Crossfield to explore mural options with members of the community prior to bringing this item back before the Council. Motion passed. Mayor Labadie asked if the $3,970 included the time that Public Works staff spent remedying the situation. Parks and Recreation Director Crossfield stated that dollar figure was just the quote from the contractor to do the repairs and did not include time from Public Works employees. B. Review Options for Freeman Park Trail Rehabilitation Project Planning Director Darling reminded the Council that in August they had authorized staff to prepare plans and specifications to rehab all of the paved trails in Freeman Park. She explained that the cost had come back substantially higher than previously estimated and staff has been exploring ways to reduce the project budget and are also beginning the process of submitting various grant applications. She reviewed the possible options for reducing the costs of this project. Councilmember Sanschagrin asked if there was any data about the use of these trail segments. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 5 of 13 Planning Director Darling stated that they do not have any surveys that would document that information. Councilmember Sanschagrin asked if staff had any thoughts on how the Council could get information from the community that could help drive decisions around these types of investments. Planning Director Darling stated that she had not moved towards public input for this type of small adjustment. Councilmember Callies asked about the previous discussions relating to segment B. Planning Director Darling reminded the Council that they had not decided against reconstructing that particular trail in its current size, but had decided against having it be the Three Rivers Park Districts trailhead corridor because it would have required more wetland impacts, such as a bridge, to go over a portion of the wetland and more tree removal in the area. Councilmember Callies stated that she was thinking of redoing this section with gravel rather than repaving because of its proximity to the trail. Councilmember Sanschagrin noted that he has always found it strange that this section is paved and feels it would be nicer if it were unpaved. Councilmember Johnson stated that segment B is a very neat trail that meanders through two ponds. He stated that he would agree that it would be a more pleasant visual experience if it were unpaved, but there are so few trails that meander through the woods that are paved, so for things like wheelchair or scooter access, he thinks this is a nice trail to have paved and would support repaving it at its current width. Councilmember Maddy stated that the soil underneath trail segment B is moving and asked if it were paved, how long the pavement will last. City Engineer Budde stated that he would guess it was built on some poorer wetland type soils and if it were repaved it would most likely last between ten to twenty years without any significant maintenance. Councilmember Sanschagrin expressed concern about how much this trail segment will be utilized. He stated that if it can be shown that the trail is being used by lots of people who need this type of accessibility, he would support this expense. Councilmember Johnson noted that he does not know how much it is used but it is accessible to the Shorewood Ponds neighborhood that has a fair amount of people who utilize motorized scooters and likes the idea of them having this option. Councilmember Sanschagrin suggested that the Council or staff reach out to that community to get their input. The Council discussed the other proposed changes in order to reduce costs and the various options for approaching segment B. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 6 of 13 City Administrator Nevinski suggested that the Council could bid the project with segment B as an alternate and see what the pricing comes back as. Councilmember Johnson noted that this item is not a public hearing, but has seen a few hands pop up in the audience and asked if the Council would be open to getting some public input on this item. Pat Arnst, 5480 Teal Circle, stated that she was on the Park Commission when segment B was put in and noted that it was left over bituminous from a project done elsewhere. She stated that she did not think there was even a base put in underneath the material. She stated that the thought behind their putting this in was the heavy usage in the summer and the possibility of people wanting to pass through the park without encountering a bunch of soccer players. She stated that the pass through between ballfields has always been a sore point with her because when the Park Commission made the decision to pave it, they wanted it closed to cars. She stated that this was heavily debated by the Council who determined that they wanted it closed to vehicles and a chain was put across on both ends, however, over the years that has disappeared. She stated that, as a resident, she would be in support of keeping segment B paved. Christine Sanschagrin, 27725 Island View Road, stated that she thinks it is important to get feedback from the general public before this type of decision is made. She stated that she has been astonished that in the spring it is very difficult to park or enter the Park because the parking lot is too muddy. She stated that she would rather see trails that do not have hard cover with the ability to actually enter the parking lot to park cars. She stated that their Girl Scout Troop has had a Little Small Library there for years and explained that at times she cannot restock it with books because she cannot park. She stated that for people with accessibility issues, she feels that would be a much larger priority than repaving trails that are already paved. She reiterated that she feels it is important to actually get input from community members who actually use the parking lot with the difficulties that are present in the springtime. Mayor Labadie confirmed with Planning Director Darling that the Park Tours that take place every year are open to the public and asked staff how long this project has been discussed. Planning Director Darling explained that it was brought up as an important project around 2018 but from conversations she has had with residents, it was previously included as part of a CIP and then for some reason it was removed. She stated that she believes that Three Rivers Park District entered the discussions in about 2021 regarding the possibility of having a trailhead. Councilmember Johnson reiterated that he did not want the decision for segment B to be solely based on cost. Planning Director Darling explained the potential complications with grant applications if segment B is included as an alternate. City Engineer Budde stated that it is possible, once they thoroughly understand the grants, that this choice may not impede the City in the grant process. Planning Director Darling stated that she has a bit of time to research this more and can bring it back to the Council at a later date. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 7 of 13 Mayor Labadie stated that she thinks the Council is in agreement on everything except segment B. There was Consensus of the Council to proceed as discussed, with the recommendation to have segment B be gravel and not repaved; segment L paved; for segment G to reduce the pavement to 12 feet, so there is emergency access only and restore some of the turf areas; and that segment J be kept the same size and not be widened. 5. ENGINEERING/PUBLIC WORKS A. Authorize Eminent Domain – Strawberry Lane Street Reconstruction Project, City Project 19-05 City Engineer Budde explained that the Council has gone through the process of approving the Strawberry Lane project that have included some required easements and right of entries. He explained that staff has tried to avoid eminent domain, but in this situation, staff has been attempting to contact the property owner for over eleven months. He stated that this particular property is a rental and staff had even spoken with the tenants who provided a phone number for the owner, however, the owner has not responded to any of the voice mail message that have been left. He stated that the City has also sent certified mail to the property owner, but that has also not received any response. He stated that staff feels that they have tried every angle possible to get in touch with the property owners with no success, so the next step is to pursue eminent domain for this particular property. He noted that if this process is initiated in January, the City should have access to the property in May in order to allow for construction. He stated that the eminent domain process does not mean that the City will not still compensate the property owner and if the property owner contacts the City they are also still open to negotiations. Councilmember Sanschagrin asked if there was any idea of costs for this process. City Engineer Budde stated that the appraisal price was around $20,000 for the property but was unsure how much the eminent domain process would cost. City Attorney Shepherd stated that he does not have an exact estimate cost for this process and explained that Dave Kendall would be the attorney handling the eminent domain litigation. He stated that if he had to ‘spitball’ a cost, he would think it would be around $8,000 - $10,000. He noted that there are times that eminent domain is filed and then you are able to settle it without having to go all the way through the entire court process. Councilmember Sanschagrin asked if the City had a history of using eminent domain. City Engineer Budde stated that over the last twenty years there have been a handful of other times where eminent domain has been used, but noted that he was not sure that it went through the full court process, but knows that Council took the action to file for eminent domain. Councilmember Callies shared some background on how the eminent domain process works from a legal standpoint and noted that many times people do kind of snap to attention and come to an agreement before the process is completed in the courts. She noted that she thinks that the Council does not have much of a choice at this stage but to move forward with the eminent domain process in order for the project to be able to move forward. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 8 of 13 Mayor Labadie stated that she agreed and noted that this is not the City’s preferred route, but despite the City vigorously pursuing this property owner, they have not gotten any response, so not taking this action could delay the entire project. Johnson moved, Callies seconded, Adopting RESOLUTION NO. 23-006, “A Resolution Authorizing Eminent Domain of Land for Public Purposes for the Strawberry Lane Street Improvement Project, City Project 19-05.” Motion passed 4-1 (Sanschagrin opposed) B. Change Order for Street Sweeping Disposal City Engineer Budde explained that the Council had approved a bid for removal of street sweepings that had been stockpiled at Public Works over the last few years. He stated that after the material was hauled off, the hauler contacted the City and stated that they felt they had hauled more than the agreed upon 500 cubic yards. He stated that following investigation, it was found that the surveyors had only included one of the stockpiles on the site, so when it was completed, the haulers had actually removed 734 cubic yards of material. He stated that to be fair to the contractor, staff feels the City should pay a change order in the amount of $35,562.30 in order to pay them for hauling away the additional material that was inadvertently missed in the initial request. Councilmember Maddy asked where the material was hauled for disposal. City Engineer Budde explained that because there was the potential for contaminants it is required to be hauled to the Dem-Con landfill just south of Shakopee to be used as cover to prevent light stuff from blowing off of the site. Johnson moved, Maddy seconded, to approve the Change Order in the amount of $35,562.30 to W.M. Mueller & Sons, Inc. for the 2022 Street Sweeping Removals, City Project 22-08. Motion passed. C. Approve Strawberry Lane Street Reconstruction Project Agreements City Engineer Budde stated that as part of this project he has been able to negotiate a number of roadway, drainage and utility easements, as well as right of entries with various property owners. He stated that this is not all of them and noted that he still has about three that he is still looking to acquire, but those are not critical to advancing the project at this time. He noted that the City had budgeted $175,000 and the current total of monetary compensation for these properties is $182,000. He noted that the agreements included in the packet are unsigned but noted that he has a majority of the agreements in his office that have been signed and for the others, he has verbal agreements and is expecting the signatures. Councilmember Sanschagrin asked if there was an estimate of the ‘non-cash’ easements costs would be. City Engineer Budde stated that he did not have that information in front of him. Councilmember Callies asked if the properties he had not yet heard back from had been included in the resolution language. She stated that she would prefer that the agreements be approved for those that have been signed and then have another motion for the MOA. She stated that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 9 of 13 lumping them all together feels a bit confusing to her even though the information has been included in the packet. City Engineer Budde stated that after consulting with City Attorney Shepherd, there was no need to be a resolution for this and could be handled with separate motions. City Attorney Shepherd stated that this was correct and noted that he felt Councilmember Callies was asking for a delineation between which properties the right of entries are applied to and which ones have an MOU. Councilmember Callies stated that City Engineer Budde had also mentioned two properties that he did not have signed agreements. City Engineer Budde stated that was true but those individuals have verbally agreed to them, but explained that they had been included in the language. Councilmember Callies stated that if something ended up happening with those properties if the Council would have to go back and amend the resolution. She explained that including those properties seemed premature to her. She stated that she is in favor of approving the agreements that have been made but explained that the process seems a bit confusing to her. Councilmember Sanschagrin asked for a refresher on when the Council had made the decision to go with the western alignment. City Engineer Budde stated that he believes it was back around February when the discussions started and explained that the Council had discussed the alignment over about three different meetings. He noted that he believed the Council made their decision about the alignment sometime around April. Councilmember Callies explained that there was much more public support for the western alignment. Councilmember Johnson agreed and noted that ultimately, the neighborhood came together and promoted the western alignment. Mayor Labadie stated that she agreed with Councilmember Callies that the resolution, as written, is a bit ‘sticky’ since the individuals who only have a verbal agreement have been included in the resolution. City Attorney Shepherd suggested that the Council have a motion that approves right of entry agreements for: 5825 Strawberry Lane; 5845 Strawberry Lane; 5970 Strawberry Lane; and 6185 Strawberry Lane. Callies moved, Johnson seconded, Approving Right of Entry Agreements for properties at: 5825 Strawberry Lane; 5845 Strawberry Lane; 5970 Strawberry Lane; and 6185 Strawberry Lane. Motion passed. City Attorney Shepherd suggested a separate motion for the MOUs for: 5885 Strawberry Lane; 6060 Strawberry Lane; 6075 Strawberry Lane; and 6170 Strawberry Lane. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 10 of 13 Johnson moved, Labadie seconded, Approving Memorandum of Understandings for properties located at: 5885 Strawberry Lane; 6060 Strawberry Lane; 6075 Strawberry Lane; and 6170 Strawberry Lane. Motion passed. 6. GENERAL/NEW BUSINESS A. 2023 Annual Appointments and Designations City Administrator Nevinski explained that the Council takes action on an annual basis to make various appointments and designations for 2023. The Council went through the offices and positions line by line: Acting Mayor: Councilmember Callies Park Commission Liaison: Councilmember Sanschagrin – January – June; Councilmember Johnson July – December Planning Commission Liaison: Councilmember Maddy – January – June; Councilmember Callies – July – December SCEC: Removed, as no longer necessary Metro Cities and League of MN Cities and Alternate: Removed, as no longer necessary LMCC and Alternate: Councilmember Sanschagrin and Councilmember Maddy (Alternate) South Lake Minnetonka PD Coordinating Committee and Alternate: Mayor Labadie and Councilmember Callies (Alternate) Excelsior Fire District Board and Alternate: Councilmember Johnson and Councilmember Maddy (Alternate) Personnel Committee: Removed, as no longer necessary Weed Inspector: Mayor Labadie Assistant Weed Inspector: Chris Heitz and Luke Weber, Public Works employees Electronic Funds Transfer Authority: Joe Rigdon, Michelle Nguyen, and Marc Nevinski City Attorney: Jared Shepherd, Campbell Knutson, P.A. City Prosecutor: Campbell Knutson, P.A. MCE Representative: Open for the time being Official Depositories: Alerus Bank, 4M Fund and other depositories, as necessary Official Newspaper: Sun Sailor and Laker Pioneer News, as applicable Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 23-007, “A Resolution Designating 2023 Annual Appointments to Certain Offices and Positions within the City of Shorewood.” Motion passed. B. Approve Appointment of Park Commissioners City Clerk/HR Director Thone stated that the Council interviewed one applicant at their earlier Work Session meeting for consideration of appointment to the Park Commission. She noted that the other candidate that was supposed to be interviewed was ill, but had submitted her resume for consideration. Mayor Labadie stated that she felt both candidates were high caliber candidates. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 11 of 13 Councilmember Callies explained that one of the terms open only has one month left and so the Council had discussed appointing David Garske to a one month and three year term which would end February 28, 2026, and appointing Amy Wenner to a term ending February 28, 2025. Callies moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-008, “A Resolution Making Appointments to the Shorewood Park Commission.” Motion passed. C. Approve Recreation Specialist Appointment Parks and Recreation Director Crossfield explained that following recruitment for a Recreation Specialist, Stephany Vasser was selected. She stated that Ms. Vasser has been with the City for eight years in various part-time positions and has also served as a former Parks Commissioner. Staff recommends approval of this promotion for Ms. Vasser. Councilmember Callies stated that she does not have any questions about Ms. Vasser’s qualifications, but had asked for this to be removed from the Consent Agenda because she was not familiar with this particular position. She stated that if this was a new position she felt it should have come up for Council discussion rather than just being on the Consent Agenda. City Administrator Nevinski stated that this is a positions that falls into a bit of a gray area. He explained that this would be a part-time position that has work flow that ebbs and flows, depending on the season. He stated that the decision was made at a staff level that this was kind of a minor administrative decision which was why it was not brought forward to the Council, but noted that this kind of thing would be a good discussion point for the Council to have with staff in order to determine what they would like to see and what they want staff to just handle without too much Council involvement. Councilmember Callies stated that she thinks that suggestion is a good idea because if the City is understaffed, Council should know about that and if new positions are needed, she thinks they should also hear about that. Mayor Labadie asked how many hours a week this position will have. Parks and Recreation Director Crossfield stated that it will ebb and flow and explained that she had posted it as approximately 8-12 hours/week. City Administrator Nevinski noted that Parks and Recreation Director Crossfield’s duties have evolved a bit from former Parks and Recreation Director Grout, so she has some additional duties and he wants to make sure she has the time and the capacity to focus on those things and have support for the day to day items from this position. Callies moved, Sanschagrin seconded to Approve Promotion of Stephany Vasser as Recreation Specialist. Motion passed. 7. STAFF AND COUNCIL REPORTS A. Staff Parks and Recreation Director Crossfield reminded the Council that Arctic Fever is coming up in two weeks and noted that details about the event will be posted on Facebook. She noted that the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 12 of 13 hiring process for the Ink Rink Attendants has been a challenging process but is hopeful they will be up and running following Martin Luther King, Jr. Day. Mayor Labadie stated that the local school district uses a communication method called ‘Peach Jar’ and asked if there was a way that the City could get Arctic Fever information posted on that. Parks and Recreation Director Crossfield noted that she had used that communication method in prior positions and will check into that possibility. City Engineer Budde stated that the contractor for the Smithtown Ponds project began hauling today which should take about two weeks. He stated that staff is working on the Highway 7 Corridor issue and has had conversations with MnDOT and the adjacent communities to gauge interest in participation in a study so the scope can be better defined. Mayor Labadie explained that the City had hosted a meeting related to the Highway 7 issue which was well attended and included three State Senators, three House Representatives, the Superintendent of Minnetonka schools, the Mayor of Chanhassen, three representatives from MnDOT, and various City staff members. She stated that City Engineer Budde ran the meeting and presented the information which was well done. She noted that she felt it was a productive meeting, but unfortunately the process is going to be much slower than she would prefer. Public Works Director Morriem explained that today was supposed to be his first in person day with the City, however he contracted COVID last week, so was only able to attend on-line. He assured the Council that he was working on getting up to speed on Public Works activities in the City. Mayor Labadie asked that appreciation be extended to the Public Works staff for their efforts on snow removal from the recent snow events. City Administrator Nevinski stated that it has been a very busy week for him with meeting everyone and sifting through everything that is happening in the City. He thanked the Council for taking the time to meet and have discussions with him. He expressed his appreciation that Interim City Administrator Shukle was allowed to stay on to help guide him through the transition. B. Mayor and City Council Councilmember Sanschagrin expressed his appreciation to City Administrator Nevinski and City Engineer Budde for the time they spent discussing the eminent domain issue with him. He stated that it is well documented that City Engineer Budde has worked hard to resolve this issue without eminent domain but explained that he is hopeful that the City will not need to take this kind of action in the future. Councilmember Callies asked if staff felt it would be worth it to advertise the vacancies on the Planning and Park Commissions in the Sun Sailor paper. Planning Director Darling stated that she can explore this option with City Clerk/HR Director Thone. She explained that they had already considered doing another e-mail blast to let people know that there were still two open positions. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 9, 2023 Page 13 of 13 Mayor Labadie stated that she had attended the Regional Council of Mayors meeting earlier today where there were about twenty-five mayors in attendance and twenty professionals from the housing community where they discussed housing, affordable housing, affordable rental pricing. She stated that the topic for upcoming meetings will be equity and inclusion; water; and public safety. She noted that tomorrow she and City Administrator Nevinski will be attending the quarterly meeting held by the Minnetonka Superintendent. 8. ADJOURN Sanschagrin moved, Johnson seconded, Adjourning the City Council Regular Meeting of January 9, 2023, at 9:18 P.M. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk #2D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Grant Applications for Freeman Park Meeting Date: January 23, 2023 Prepared by: Marie Darling, Planning Director Reviewed by: Janelle Crossfield, Parks and Recreation Director Attachments: Freeman Park Trail exhibit Resolutions Background: As part of the Outdoor Recreation Grant Program and Local Trail Connections Grant Program through the Minnesota DNR, the application rules require a resolution of support from the City Council. Staff has attached two draft resolutions prepared according to the templates provided for your review. Financial or Budget Considerations: Staff would be requesting at least $200,000 from the Outdoor Recreation Grant Program and $30,000 from the Local Trail Connections Grant Program. The amount we can ask is based on local matching dollars with a maximum award per project. Recommendation / Next Steps: If the Council accepts the resolutions, staff will work with Engineering staff to create engineered drawings as required for the grant applications. Next Steps and Timelines: Deadline for submission of both grant applications is March 31, 2023. Staff are also watching two additional grant sources for funding when the grant materials are available later this spring. RESOLUTION 2023-009 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION AUTHORIZING AN OUTDOOR RECREATION GRANT APPLICATION FOR THE REHABILITATION OF FREEMAN PARK TRAILS AT 6000 EUREKA ROAD WHEREAS, the City of Shorewood supports the grant application made to the Minnesota Department of Natural Resources for the Freeman Park Trail Rehabilitation Project. The application is to reconstruct 1.2 miles of paved trails for the Freeman Park recreational trail system. The trail system is located within 67 acres of Freeman Park, and WHEREAS, the City of Shorewood recognizes that it has secured $200,000 in non- state cash matching funds for this project. NOW, THEREFORE, BE IT RESOLVED, if the City of Shorewood is awarded a grant by the Minnesota Department of Natural resources, the City of Shorewood agrees to accept the grant award and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Shorewood will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Regional Trail Grant Manual and certifies it will report any actual, potential, perceived, or organizational conflicts of interest upon discovery to the state related to the application or grant award. BE IT FURTHER RESOLVED, the City Council of the City of Shorewood names the fiscal agent for the City of Shorewood for this project as: Joe Rigdon Director of Finance City of Shorewood 5755 Country Club Road Shorewood, MN 55331 BE IT FURTHER RESOLVED, the City of Shorewood hereby assures the Freeman Park recreational trails will be maintained for a period of no less than 20 years. ADOPTED by the Shorewood City Council on this 23rd day of January, 2023. Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk RESOLUTION 2023-010 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION AUTHORIZING A LOCAL TRAIL CONNECTION PROGRAM GRANT APPLICATION FOR THE REHABILITATION OF A SEGMENT OF FREEMAN PARK TRAILS AT 6000 EUREKA ROAD WHEREAS, the City of Shorewood supports the grant application made to the Minnesota Department of Natural Resources for the Freeman Park Trail Rehabilitation Project. The application is to reconstruct 309 feet of paved trails for the Freeman Park recreational trail system. The trail system is located within 67 acres of Freeman Park, and WHEREAS, the City of Shorewood recognizes that it has secured $10,000 in non-state cash matching funds for this trail segment rehabilitation. NOW, THEREFORE, BE IT RESOLVED, if the City of Shorewood is awarded a grant by the Minnesota Department of Natural Resources, the City of Shorewood agrees to accept the grant award and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Shorewood will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Local Trail Connection Program Grant Manual and certifies it will report any actual, potential, perceived, or organizational conflicts of interest upon discovery to the state related to the application or grant award. BE IT FURTHER RESOLVED, the City Council of the City of Shorewood names the fiscal agent for the City of Shorewood for this project as: Joe Rigdon Director of Finance City of Shorewood 5755 Country Club Road Shorewood, MN 55331 BE IT FURTHER RESOLVED, the City of Shorewood hereby assures the Freeman Park recreational trails will be maintained for a period of no less than 20 years. ADOPTED by the Shorewood City Council on this 23rd day of January, 2023. Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk 2E MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Approving Hire of Eric Wilson as Communications Coordinator Meeting Date: Monday, January 23, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Policy Consideration: Pursuant to Shorewood Personnel Policy Section 3.08 All new, rehired, promoted or reassigned employees shall complete a six (6) month probationary period upon assuming their new positions. This period shall be used to observe the employee’s work habits and ability to perform the work they are required to do. Background: The city most recently recruited qualified candidates for the Communications Coordinator position. The city received 12 well qualified applications for the position, which closed on December 16, 2022. Staff narrowed down the candidate pool to eight candidates for first-round interviews. Candidates were interviewed by Interim City Administrator Ed Shukle, nd Deputy City Clerk Brenda Pricco, and City Clerk/HR Director Sandie Thone on December 22. Two candidates were called back for finalist interviews with City Administrator Marc Nevinski, Park/Rec Director Janelle Crossfield and City Clerk/HR Director Sandie Thone. These interviews were held on January 3, 2023. In a unanimous decision, it was agreed to offer the position to Eric Wilson. Eric is well qualified with experience and education in both Communications and Environmental Education. Eric has a Bachelor’s degree in Sociology with a minor in English from Vanguard University and an Associate’s degree in Media Communications from Hennepin County Technical College. Eric is Certified in Social Media Marketing by Minneapolis Community & Technical College. His experience includes work as a Hennepin County Tree Steward and a Hennepin County Recycling Ambassador (Master Recycling Composter). He has served as a MN Greencorps (Americorp) member with the MN Pollution Control Agency. He has served 5 years as an Election Judge for the City of Minneapolis. His current position is as a Communications and Marketing Manager in the non- profit sector. Eric has successfully passed a background investigation. We are enthusiastically looking forward to adding Eric to our team and are excited to see his contributions to our team and entire organization. Financial Considerations: Staff is recommending Eric’s compensation rate be set at Grade 10, Step C of Shorewood’s Compensation Plan of $34.37 per hour. The position will be reviewed at the 6-month anniversary for consideration of permanent appointment. The position is non- exempt, PERA eligible, and receives a complete benefit package. Action Requested: Staff respectfully recommends the city council approve Eric Wilson’s hire as a probationary employee in the capacity of Communications Coordinator for the City of Shorewood. Motion, second and simple majority vote required. If the council approves his appointment, Eric’s first day of employment is anticipated to be February 9, 2023. 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 Connection to Vision/Mission: Consistency in providing residents quality public services, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. City of Shorewood Council Meeting Item Title/Subject: New Precinct Boundary Due to Annexation 2F Meeting Date: Monday, January 23, 2023 MEETING TYPE Prepared by: Sandie Thone, City Clerk/HR Director Regular Meeting Reviewed by: Jared Shepherd, City Attorney Attachments: Resolution Updated Precinct Map Background: On December 15, 2022, the Cities of Shorewood and Chanhassen filed a request for concurrent detachment and annexation of certain property from Chanhassen to Shorewood, legally described as follows: 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 Office of Administrative Hearings approved the concurrent detachment and annexation on December 21, 2022, OAH File No. 71-0331-38901, and the Annexed Property is now within the City of Shorewood. Earlier this year by Resolution 22-028, the City established the boundaries of Shorewood Precinct 2 and the Annexed Property is contained within the boundaries of Precinct 2. Pursuant to Minn. Stat. § 204B.14, subd. 1 & subd. 4a, the City seeks to confirm that the newly annexed property is integrated within the current boundaries of Precinct 2. Once approved the resolution will be forwarded to Hennepin County along with the updated Precinct Map. Action Requested: Staff respectfully recommends the city council approve the Resolution Establishing Precinct 2 Boundary due to the Annexation of the above referenced property. Motion, second and simple 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 23- RESOLUTION ADJUSTING PRECINCT 2 BOUNDARY WHEREAS, on December 15, 2022, the Cities of Shorewood and Chanhassen filed a request for concurrent detachment and annexation of certain property from Chanhassen to Shorewood, legally described as follows: 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. (“Annexed Property”); and WHEREAS, the Office of Administrative Hearings approved the concurrent detachment and annexation on December 21, 2022, OAH File No. 71-0331- 38901, and the Annexed Property is now within the City of Shorewood; and WHEREAS, by Resolution No. 22-028, the City established the boundaries of Precinct 2; and WHEREAS, the Annexed Property is contained within the boundaries of Precinct 2; and WHEREAS, pursuant to Minn. Stat. § 204B.14, subd. 1 & subd. 4a, the City seeks to confirm that the newly annexed property is integrated within the current boundaries of Precinct. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, County of Hennepin, State of Minnesota: 1. The City reestablishes the boundaries of Precinct 2 as follows: Precinct 2: That portion of the city lying east of Eureka Road to Mill Street; That portion of the city lying east of Mill Street and south of State Highway 7 to the easterly border of Old Market Road, Covington Road, and Vine Hill Road. 2. The Annexed Property is within Precinct 2. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 23rd day of January, 2023. _______________________________ Jennifer Labadie, Mayor Attest: ___________________________________ Sandie Thone, City Clerk 2G MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Authorize Service Agreements Meeting Date: January 23, 2023 Prepared By: Marie Darling, Planning Director Reviewed By: Marc Nevinski, City Administrator Jared Shepherd, City Attorney Attachments: Service Agreements from Barr Engineer and LeVander Gillen & Miller Resolution Background: Staff proposes to authorize the service agreements with Barr Engineering and LeVander, Gillen & Miller for review of a development application that was recently submitted. Both the City Engineer and the City Attorney have a conflict of interest reviewing any submittal from this applicant. Staff propose the attached third- party professional alternatives. Staff received estimates from the attached two firms to provide these services to avoid any conflict of interest from the development review process. Both principals and firms have indicated that they have no conflicts of interest with the applicant. The development proposed is for a private paddle ball sports club on property located at 24560 Smithtown Road. Financial or Budget Considerations: The proposal includes hourly rates for the consulting professionals plus costs for additional reimbursable expenses. With the type of application submitted, the developer bears the responsibility to pay the cost of engineering and legal services, whether with the city’s typical consultants (Bolton and Menk and Campbell Knutson) or the third-party alternatives. Recommended Action: Staff recommends authorizing staff to execute the attached hourly service contracts with Barr Engineering and LeVander Gillen & Miller. Action requires a simple majority vote. Next Steps and Timeline: Staff will inform the companies of the council’s decision and take the next appropriate step to review the submitted application. 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. January 17, 2023 Mr. Marc Nevinski City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Development Review Assistance for the City of Shorewood Dear Mr. Nevinski: Thank you for the opportunity to provide professional engineering services and development review assistance to the City of Shorewood for a 1-acre commercial site in the Minnehaha Creek Watershed District (MCWD). This letter summarizes our hourly rates and incidental costs (see attachments), that will be billed on a time and expense basis. This letter is in direct response to email correspondence with Andrew Budde (City Engineer) and Marie Darling (Planning Director) on 1/11/2023. We assume that we will receive authorization to proceed following the 1/23/2023 City of Shorewood city council meeting. Barr will review the development submittal information as provided by city staff and provide a comment letter for the Planning Director on the timeline outlined by city staff. The development review will consider the various engineering related items including water main, sanitary sewer, traffic, stormwater management, floodplains, and wetland buffers as outlined in current city code, the current city comprehensive plan, the local Surface Water Management Plan, and the city standard specifications/standard details (dated 2018) as provided by city staff. We assume all Wetland Conservation Act (WCA) work is performed by the MCWD, as they are the local government unit (LGU) responsible for WCA permitting, if needed. Hourly Rates for Barr Staff Karen Chandler (Principal in Charge): $200/hr Jennifer Koehler (Project Manager): $175/hr Josh Phillips (Civil Engineer): $140/hr In addition to the hourly rates for staff listed above, expenses charged to the project could include mileage (at $0.655 per mile) and other incidental expenses (see attachments). This Agreement will be effective for the duration of the services, unless earlier terminated by either the City or us. We will commence work upon receipt of a copy of this letter signed by your authorized City representative. We will inform you of our progress through periodic e-mail updates, telephone calls, invoice details, and other communications. For the services provided, you will pay us according to the attached Standard Terms. We will bill the city monthly. Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com Mr. Marc Nevinski January 17, 2023 Page 2 We understand you or your designees have the authority to direct us. We will direct communications to you at the City of Shorewood, 5755 Country Club Road. Direction should be provided to Jennifer Koehler at Barr Engineering Co. 4300 MarketPointe Drive, Minneapolis, MN 55435. During the term of this Agreement, Barr agrees to maintain with a company or companies lawfully authorized to do business in the jurisdiction in which the project is located, the type of insurance and policy limits as set forth below (USD): Workers’ Compensation and Employers’ Liability 1. Coverage A: Per State Statute 2. Coverage B: $500,000 Each Accident $500,000 Disease – Policy Limit $500,000 Disease – Each Employee Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products – Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury Commercial Automobile Liability 1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage The Commercial Automobile Liability shall provide coverage for the following automobiles: 1. All Owned Automobiles 2. All Non-Owned Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 Each Claim $10,000,000 Annual Aggregate 2. The Umbrella Liability provides excess limits for the Commercial General Liability, Employers’ Liability, and Commercial Automobile Liability policies. Professional and Pollution Incident Liability Professional Liability insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim / $5,000,000 Annual Aggregate. Certificates of Insurance Certificates of Insurance will be provided upon request. Barr and Client waive all rights, including their insurers’ subrogation rights, against each other, their subcontractors, agents, and employees, and the other’s consultants, separate contractors, and their subcontractors, agents, and employees for losses or damages covered by their respective property or W:\\Business Units\\WR\\Marketing\\City of Shorewood\\Shorewood_DevelopmentReivewScope_01172023.docx Mr. Marc Nevinski January 17, 2023 Page 3 casualty insurance, commercial general liability, or Builder’s Risk insurance. This waiver of subrogation is effective notwithstanding any duty of indemnity. If you have any questions or request additional information, please contact Jen Koehler at 952-832-2750 (office)/612-720-8810 (cell) or me at 952-832-2813. If this Agreement is satisfactory, please sign the enclosed copy of this letter in the space provided, andreturn it to us. Sincerely, Karen Chandler, PE Vice President Accepted this ______ day of _________________, 2023 City of Shorewood By Marc Nevinski Its City Administrator Attachments: Standard Terms – Professional Services 2023 Labor Fee Schedule 2023 Copy Production Rate Schedule W:\\Business Units\\WR\\Marketing\\City of Shorewood\\Shorewood_DevelopmentReivewScope_01172023.docx STANDARD TERMS—PROFESSIONAL SERVICES Our Agreement with you consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms – Professional Services. of previously uncontaminated air, soil, or water. If you are Section 1:Our Responsibilities requesting that we provide services that include this risk, 1.1 We will provide the professional services (“Services”) you agree to hold us harmless from such contamination described in this Agreement. We will use that degree of care claims, damages, and expenses, including reasonable and skill ordinarily exercised under similar circumstances by attorneys’ fees, unless and to the extent the loss is caused reputable members of our profession practicing in the same by our negligence. locality. 2.6 You agree to make disclosures required by law. If we are 1.2 We will select the means, methods, techniques, sequences, required by law or legal process to make such disclosures, or procedures used in providing our Services. If you direct you agree to hold us harmless and indemnify us from us to deviate from our selections, you agree to hold us related claims and costs, including reasonable attorneys’ harmless from claims, damages, and expenses arising out of fees. your direction. Section 3:Reports and Records 1.3 We will acquire all licenses applicable to our Services and we will comply with applicable law. 3.1 We will retain analytical data relating to the Services for seven years and financial data for three years. 1.4 Our duties do not include supervising your contractors or commenting on, supervising, or providing the means and 3.2 Monitoring wells are your property and you are responsible methods of their work unless we accept any such duty in for their permitting, maintenance and abandonment unless writing. We will not be responsible for the failure of your we accept that duty in writing. Samples remaining after tests contractors to perform in accordance with their are conducted and field and laboratory equipment that undertakings. cannot be adequately cleansed of contaminants are your property. They will be discarded or returned to you, at our 1.5 We will provide a health and safety program for our discretion, unless within 15 days of the report date you give employees, but we will not be responsible for contractor, written direction to store or transfer the materials at your job, or site health or safety unless we accept that duty in expense. writing. 3.3 Our reports, notes, calculations, and other documents, and 1.6 Estimates of our fees or other project costs will be based on our computer software, programs, models, and data are information available to us and on our experience and instruments of our Services, and they remain our property, knowledge. Such estimates are an exercise of our subject to a license to you for your use in the related project professional judgment and are not guaranteed or for the purposes disclosed to us. You may not use or warranted. Actual costs may vary. You should add a transfer such information and documents to others for a contingency. purpose for which they were not prepared without our written approval. You agree to indemnify and hold us 1.7 The information you provide to us will be maintained in harmless from claims, damages, and expenses, including confidence except as required by law. reasonable attorneys’ fees, arising out of any unauthorized Section 2:Your Responsibilities transfer or use. 2.1 You will provide access to property. 3.4 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be 2.2 You will provide us with prior reports, specifications, plans, liable for damages resulting from change in an electronic changes in plans, and other information about the project document occurring after we transmit it to you. In case of that may affect the delivery of our Services. You will hold us any difference or ambiguity between an electronic and a harmless from claims, damages, and related expenses, paper document, the paper document shall govern. When including reasonable attorneys’ fees, involving information accepting document transfer in electronic media format, not timely called to our attention or not correctly shown on you accept exclusive risk relating to long-term capability, documents you furnish to us. usability, and readability of documents, software 2.3 You agree to provide us with information on contamination application packages, operating systems, and computer and dangerous and hazardous substances and processes hardware. we may encounter in performing the Services and related 3.5 If you do not pay for the Services in full as agreed, we may emergency procedure information. retain reports and work not yet delivered to you and you 2.4 You agree to hold us harmless as to claims that we are an agree to return to us our reports and other work in your owner, operator, generator, transporter, treater, storer, or a possession or under your control. You agree not to use or disposal facility within the meaning of any law governing rely upon our work for any purpose until it is paid for in full. the handling, treatment, storage, or disposal of dangerous or hazardous materials. 2.5 Site remediation services may involve risk of contamination Barr Engineering Co.Page 1 of 2 Ver. 12/13/2018 Last reviewed: 12/13/2018 that, within 10 days of the date of our Agreement, you Section 4: Compensation provide payment in an amount that will increase our fees by 4.1 You will pay for the Services as agreed or according to our 10%, but not less than $500, to compensate us for the then current fee schedules if there is no other written greater risk undertaken. This increased fee is not the agreement as to price. An estimated cost is not a firm figure purchase of insurance. unless stated as such and you should allow for a 5.5 If you fail to pay us within 60 days following invoice date, contingency in addition to estimated costs. we may consider the default a total breach of our 4.2 You agree to notify us of billing disputes within 15 days and Agreement and, at our option, we may terminate all of our to pay undisputed portions of invoices within 30 days of duties without liability to you or to others. invoice date. For balances not paid under these terms, you 5.6 If we are involved in legal action to collect our agree to pay interest on unpaid balances beginning 10 days compensation, you agree to pay our collection expenses, after invoice date at the rate of 1.5% per month, but not to including reasonable attorneys’ fees. exceed the maximum rate allowed by law. 5.7 The law of the state in which the project site is located will 4.3 If you direct us to invoice another, we will do so, but you govern all disputes. Each of us waives trial by jury. No agree to be responsible for our compensation unless you employee acting within the scope of employment will have provide us with that person's written acceptance of the any individual liability for his or her acts or omissions and terms of our Agreement and we agree to extend credit to you agree not to make any claim against individual that person. employees. 4.4 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal Section 6:Miscellaneous Provisions process arising out of a proceeding to which we are not a 6.1 We will provide a certificate of insurance to you upon party. request. Any claim as an Additional Insured will be limited 4.5 If we are delayed by factors beyond our control, or if the to losses caused by our sole negligence. project conditions or the scope of work change, or if the 6.2 This Agreement is our entire agreement, and it supersedes standards change, we will receive an equitable adjustment prior agreements. Only a writing signed by an authorized of our compensation. representative for each of us making specific reference to 4.6 In consideration of our providing insurance to cover claims the provision modified may modify it. made by you, you hereby waive any right of offset as to 6.3 Neither of us will assign this Agreement without the written payment otherwise due us. approval of the other. No other person has any rights under this Agreement. Section 5:Disputes, Damage, and Risk Allocation 6.4 Only a writing may terminate this Agreement. We will 5.1 Each of us will exercise good faith efforts to resolve disputes receive an equitable adjustment of our compensation as without litigation. Such efforts will include a meeting well as our earned fees and expenses if our work is attended by each party’s representative empowered to terminated prior to completion. resolve the dispute. Disputes (except collections) will be submitted to mediation as a condition precedent to 6.5 We will not discriminate against any employee or applicant litigation. for employment because of race, color, creed, ancestry, national origin, sex, religion, age, marital status, affectional 5.2 We will not be liable for special, incidental, consequential, preference, disability, status with regard to public or punitive damages, including but not limited to those assistance, membership or activity in a local human-rights arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. commission, or status as a specially disabled, Vietnam-era, Each of us waives against the other and its subcontractors, or other eligible veteran. We will take affirmative action to agents, and employees all rights to recover for losses ensure that applicants are considered, and employees are covered by our respective property/casualty or auto treated during their employment, without regard to those insurance policies. factors. Our actions will include, but are not limited to notifications, hiring, promotion or employment upgrading, 5.3 We will not be liable for damages unless you have notified demotion, transfer, recruitment or recruitment advertising, us of your claim within 30 days of the date of your discovery layoffs or terminations, rates of pay and other forms of of it and unless you have given us an opportunity to compensation, and selection for training or apprenticeship. investigate and to recommend ways of mitigating damages, 6.6 Neither we nor you, including our officers, employees, and and unless suit is commenced within two years of the earlier agents, are agents of the other, except as agreed in writing. of the date of injury or loss and the date of completion of Except as agreed in writing, nothing in this Agreement the Services. creates in either party any right or authority to incur any 5.4 For you to obtain the benefit of a fee which includes a obligations on behalf of, or to bind in any respect, the other reasonable allowance for risks, you agree that our party. Nothing contained herein will prevent either party aggregate liability will not exceed the fee paid for our from procuring or providing the same or similar products or services, but not less than $50,000, and you agree to services from or to any third person, provided that there is indemnify us from all liability to others in excess of that no breach of any obligations pertaining to confidentiality. amount. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided End of Standard Terms Barr Engineering Co.Page 2 of 2 Ver. 12/13/2018 Last reviewed: 12/13/2018 Fee Schedule2023 Rev. 12/31/2022 Sheet 1 of 1 Rate* Description (U.S. dollars) Vice President $170-315 Consultant/Advisor $205-300 Engineer/Scientist/Specialist IV $175-200 Engineer/Scientist/Specialist III $145-170 Engineer/Scientist/Specialist II $120-140 Engineer/Scientist/Specialist I $80-115 Technician IV $155-200 Technician III $125-150 Technician II $95-120 Technician I $70-90 Support Personnel III $155-200 Support Personnel II $95-150 Support Personnel I $70-90 Rates for litigation support services will include a 30% surcharge. A ten percent (10%) markup will be added to subcontracts for professional support and construction services to cover overhead and insurance surcharge expenses. Invoices are payable within 30 days of the date of the invoice. Any amount not paid within 30 days shall bear interest from the date 10 days after the date of the invoice at a rate equal to the lesser of 18 percent per annum or the highest rate allowed by applicable law. For travel destinations within the continental U.S. (CONUS) and Canada, meals will be reimbursed on a per diem basis. The per diem rate will be as published by the U.S. Internal Revenue Service (IRS) based on the High-Low method. Full-day per diem rates will be pro-rated on travel days. For travel destinations outside the continental U.S. (CONUS) and Canada, meals will be reimbursed based on actual expenses incurred. All other reimbursable expenses, including but not limited to costs of transportation, lodging, parking, postage, shipping, and incidental charges, will be billed at actual reasonable cost. Mileage will be billed at the IRS-allowable rate. ard rate schedules. Vice President category includes consultants, advisors, engineers, scientists, and specialists who are officers of the company. Consultant/Advisor category includes experienced personnel in a variety of fields. These professionals typically have advanced background in their areas of practice and include engineers, engineering specialists, scientists, related technical professionals, and professionals in complementary service areas such as communications and public affairs. Engineer/Scientist/Specialist categories include registered professionals and professionals in training (e.g., engineers, geologists, and landscape architects) and graduates of engineering and science degree programs. Technician category includes CADD operators, construction observers, cost estimators, data management technicians, designers, drafters, engineering technicians, interns, safety technicians, surveyors, and water, air, and waste samplers. Support Personnel category includes information management, project accounting, report production, word processing, and other project support personnel. *Rates do not include sales tax on services that may be required in some jurisdictions. Copy Production Rate Schedule2023 Rev. 12/31/2022 Sheet 1 of 1 Description (U.S. dollars) Rate Unit Reproduction, Printing/Plotting, Miscellaneous Report Binding 2.25 ea 3-Ring Binder 1/2 in 2.75 ea 3-Ring Binder 1 in 6.00 ea 3-Ring Binder 1-1/2 in 4.00 ea 3-Ring Binder 2 in 6.00 ea 3-Ring Binder 2-1/2 in 9.70 ea 3-Ring Binder 3 in 9.60 ea 3-Ring Binder 4 in 13.00 ea 3-Ring Binder 11 in x 17 in 35.00 ea 3-Ring Binder 5 in 19.00 ea CD Holders 1.00 ea Tabs 0.50 ea Laminated Pocket Sheets 0.75 ea Photocopies (large format) 1.00 copy Color Plotter (HP755/3500 Bond) 2.00 sq ft Color Plotter (HP755/3500 Photograph) 4.00 sq ft B&W Copies or Prints 0.08 copy Color Copies or Prints 0.50 copy Postage USPS rate ea Choose an item. www.barr.com January 9, 2022 Marc Nevinski VIA EMAIL City Administrator mnevinski@ci.shorewood.mn.us City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: ENGAGEMENT LETTER Dear Mr. Nevinski: Thank you for retaining LeVander, Gillen & Miller, P.A. as special counsel for the City of Shorewood (“City”) with respect to the matter described below. We understand the City Attorney may have a potential conflict of interest regarding the matter and we will make every effort to serve you efficiently and professionally, respecting the limited nature of our role. Scope of Representation The sole nature of our representation will be to offer the City legal advice and assistance with regard to the pending planning application for 24560 Smithtown Road. Personnel I will have primary responsibility for this matter. However, other professionals, including other lawyers, paralegals, legal assistants and others may be utilized to provide the most cost-effective expertise appropriate to your needs. We will see that you are kept updated at all stages of this matter. Fees and Expenses LeVander, Gillen & Miller will charge the City the following hourly rates: attorney time will be billed at $225 per hour; paralegal time will be billed at $125 per hour. In addition to the fees for our services, the firm may incur expenses related to providing legal services, such as legal research and computer database search fees, courier and mail services, printing, Mr. Marc Nevinski Page 2 January 18, 2023 photocopying, etc. These costs will be noted separately on your monthly billing statement, but are to be paid along with the attorney and paralegal fees each month. Billing and Payment Bills are due and payable upon receipt. We will provide you with monthly, itemized billing statements showing time expended billed in increments of one-tenth hours. Termination of Services If at any time you wish to terminate our services, you may do so by notifying us in writing. Similarly, if the terms of this engagement agreement are not met, we reserve the right to terminate our representation in accordance with the applicable Minnesota rules. However, we will not withdraw our representation without providing you sufficient and timely notice of our intention. Upon termination of our services, you have a right to the return of a copy of your client file. It is your responsibility to notify us if you would like a copy of your client file. However, LeVander, Gillen & Miller retains the right to charge a reasonable fee for copy costs related to your request. Ownership of “the File” The papers and property that you give to us will be returned to you promptly upon your request. We will see to it that you have copies of all relevant correspondence and originals of final legal documents that are related to our representation of you. Our own files, including notes, drafts, research materials, internal memoranda, and other attorney work product, whether or not created during the course of our representation of you, belong to the firm and will not be subject to copying or delivery to you. Retention of Documents Any documents retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to copy, digitally save, and/or destroy or otherwise dispose of any such documents or other materials retained by us within a reasonable time after the termination of the engagement. Our records retention program will apply to this engagement, plus any engagements undertaken for you for which separate engagement letters are not prepared. If we retain any original documents, we reserve the right to return them to you by delivering them to your last known address. We will retain either photocopies or electronic copies of originals and file copies for at least five years. Client Communication We regularly communicate by email and telephone. We are continually monitoring the security of our network and updating our virus detecting software, however, we cannot guarantee the security of any correspondence sent to us or by us over the Internet. In addition, we may contact you, on occasion, Mr. Marc Nevinski Page 3 January 18, 2023 by cellular telephone. Due to the nature of cellular communication, it is not necessarily secure at all times. By signing this letter, you agree to the use of e-mail and occasional cellular telephone calls as possible methods of communication between you and our firm, and accept that we make no guarantees as to the security of the transmissions using these means. Minnesota Government Data Practices Act Subject to the Rules of Professional Responsibility, pursuant to Minn. Stat. § 13.05, Subd. 11, LeVander, Gillen & Miller, P.A. acknowledges that the data collected, received, stored, used, maintained or disseminated in the performance of this assignment are subject to the requirements of the Minnesota Government Data Practices Act. Sign and Return Letter This letter is your fee agreement with our firm. If you find that the terms of this letter correctly express our understanding, please sign and date the bottom of this letter, and return it to our office. Once a signed copy of this letter is received by our office, we can begin work on your case. Please note that time limitations applying to this case may require immediate action (e.g., Minn. Stat. § 15.99 deadlines). However, until we receive a signed copy of this letter, we cannot begin work on your file. We intend to represent the City’s interests to the best of our abilities and look forward to a successful professional relationship with you. If you have any questions or concerns, please feel free to call our office. Best Regards, LEVANDER, GILLEN & MILLER, P.A. /s/ Peter G. Mikhail Cc: Marie Darling (mdarling@ci.shorewood.mn.us) I have read, understand, and am authorized to agree to the foregoing on behalf of the City of Shorewood. By: Date: Marc Nevinski, City Administrator RESOLUTION NO. 23-012 CITY OF SHOREWOOD COUNTY OF HENNIPIN STATE OF MINNESOTA A RESOLUTION ACCEPTING QUOTES AND AUTHORIZING EXECUTION OF SERVICE CONTRACTS WITH PROFESSIONAL SERVICE FIRMS WHEREAS, the City of Shorewood (“City”) requested and researched professional service providers who had no conflict of interest with a potential applicant; and WHEREAS, the City Council reviewed the hourly rates for engineering and legal services from Barr Engineering and LeVander Gillen & Miller at a public meeting on January 23, 2023. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood, Minnesota: 1. Barr Engineering and LeVander, Gillen & Miller have no known professional history with the applicant and seem well suited for the task of providing occasional professional services with a development review as the City Engineer and City Attorney have a real or perceived conflict or interest in reviewing any land use applications that may be submitted. 2. Staff are hereby authorized and directed to enter into a service agreement with the company for and on behalf of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of January, 2023. ___________________________ Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-013 A RESOLUTION TO APPROVE DELEGATED CONTRACT PROCESS AGREEMENT WITH MNDOT TO RECEIVE FEDERAL FUNDS WHEREAS, the City of Shorewood may pursue federal funding for future construction projects located within or near the city; and WHEREAS, approving the Delegated Contract Process agreement with MnDOT will allow the city to be eligible to receive federal funds, which will be routed through MnDOT and act as its agent; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: Pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as the Agent of the City of Shorewood to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. IT IS FURTHER RESOLVED, the Mayor and Clerk are hereby authorized and directed for and on behalf of the City of Shorewood to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 1052034”, a copy of which said agreement was before the City Council and which is made a part thereof by reference. rd Passed by the City Council of Shorewood, Minnesota this 23 day of January 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title/Subject: Transfer from General Fund to Prepay 2017A EDA 2I Revenue Refunding Bonds Meeting Date: January 23, 2023 MEETING Prepared By: Joe Rigdon, Finance Director TYPE REGULAR Reviewed By: Marc Nevinski, City Administrator Attachments: Background: The Shorewood EDA issued 2008A Public Project Revenue Bonds to finance City facilities. Those 2008A bonds were refinanced in 2017. There was a call option on the 2017A bonds allowing for the prepayment of bonds on December 1, 2022. The City has annually allocated property tax levy funds of approximately $95,000 per year to pay for the debt service on the 2017A bonds. By utilizing reserves in the General Fund, the 2017A remaining bond principal of $515,000 was paid on December 1, 2022. The purpose of this action is to formally authorize the 2022 transfer of funds from the General Fund to the 2017A debt service fund. Financial or Budget Considerations: By transferring $515,000 of funds from the General Fund to the 2017A debt service fund, the approximate $95,000 annual property tax levy for the 2017A debt service for 2023 to 2028 was eliminated. After netting an existing balance of $7,050.85 in the debt service fund against the $515,000 bond payoff, a transfer of $507,949.15 will effectively close the debt service fund. Recommended Action: Staff recommends the approval of transferring funds of $507,949.15 from the General Fund to the 2017A debt service fund, retroactive to December 1, 2022. 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 #2J MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Accept Commission Findings and Recommendations Meeting Date: January 23, 2023 Prepared by: Marie Darling, Planning Director Attachments: Planning Commission memo from January 17, 2023 Recommendation from the Planning Commission regarding the CIP Background: On December 12, 2022, the City Council adopted the 2023-2032 Capital Improvements Program subject to Planning Commission review and determination of compliance with the Comprehensive Plan. See the attached report for more information. On January 17, 2023, the Planning Commission reviewed the CIP, determined compliance with the Comprehensive Plan, and authorized Vice-Chair Riedel to execute the attached recommendation. This action is the only outstanding condition of approval remaining. Recommendation/Action Requested: Staff and the Planning Commission recommend acceptance of the attached recommendation. Action on the resolution requires a majority of Councilmembers. . Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. CITY OF 4C SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900 www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director REVIEWED BY: Joe Rigdon, Finance Director MEETING DATE: January 17, 2023 REQUEST: Capital Improvements Program Review APPLICANT: City of Shorewood LOCATION: City-Wide REQUEST: The Capital Improvements Program is a 10-year budgeting tool that the City uses to prioritize large capital projects. It functions as an implementation tool as part of the Comprehensive Plan. Chapter 201.07 (Powers and Duties) of City Code directs (pursuant to Minnesota statute) the Planning Commission to review and make findings as to the compliance of the CIP with the Comprehensive Plan. The Planning Commission’s responsibility is not to analyze each project, but to generally review the projects for the overall implementation of the Comprehensive Plan. ANALYSIS All of the projects within the plan are categorized by type and funding mechanism. A sampling of the applicable goals, objectives and/or policies included in the Comprehensive Plan are included for each category. Fund 201 (Community & Event Center). This section includes building and grounds improvements as well as equipment for the Center. Goal: Maintain a sound financial planning program for capital improvements, relating such improvements to actual need, proper location and timing. Policies: All public facilities shall be developed, improved and maintained according to the highest adopted standards of design and performance to serve as examples for private development. The City shall strive to make efficient use of its various municipal buildings by evaluating, on a periodic basis, the space needs of various City functions. Page 2 Fund 402 (Park Capital Improvement Fund). The Parks Commission met on October 25, 2022 and prioritized the capital improvements based on their annual in-person assessment of the conditions in each park and the need for the programmed items. Trails are generally not included in Fund 402 as they are constructed with street reconstructions and have their own fund. The Freeman Park trail project is different as the trail is within Freeman Park and are considered a park facility. Goal: Maintain a sound financial planning program for capital improvements, relating such improvements to actual need, proper location and timing. Policies: Funding for park maintenance and necessary improvements shall be considered a community priority. Recreational open space improvement shall be programmed in accordance with a capital improvement program, updated on an annual basis. Fund 403 (Equipment Replacement Fund). The majority of the CIP for equipment replacement pertains to public works and reflects the equipment necessary to carry out their basic duties including capital equipment, vehicles, etc. Other projects generally placed in this category include improvements for City Hall and other public buildings, technology upgrades, etc. In this CIP, a vehicle is also included for the Building Official. Goal: Maintain a sound financial planning program for capital improvements, relating such improvements to actual need, proper location and timing. Objective: New community facilities and services are to be developed to meet the needs and interests of the Shorewood community. Fund 404 (Street Reconstruction Fund), Fund 405 (Municipal State Aid Street Construction Fund), and Fund 406 (Trails): Based on their conditions, staff are proposing the following street improvements for 2023. For each of the applicable proposed street and utility improvement projects, there are also associated costs in the Water, Sewer, and Stormwater funds for the associated utility costs. When considering trails, the City has placeholding location for both Mill Street and Galpin Lake Road trails and will continue to submit for funding from other levels of government. Hennepin County, for example, will pay for ½ the costs of the land acquisition and costs of the Mill Street trail and consequently this project is closer to receiving funding. Staff will be applying for grants to contribute toward the local share of this project. Goals: The City shall provide for and maintain a safe and efficient system of transportation, sensitive to the needs of residents and the environment of the community. The City should establish a plan for an interconnected system of trails, enhancing the safe movement of pedestrians, bicyclists and other modes of non-motorized travel. Objectives: Implement trail segments on an implemental basis consistent with an overall plan. (Staff notes the trail plan is incorporated as part of the comprehensive plan.) Policies: Maintain a system of evaluating street conditions and prioritizing street maintenance/improvement efforts. Timeframes for street improvement/replacement efforts shall be identified within the City’s capital improvement program (CIP). Priorities for the funding of the construction of trails shall be established based on safety concerns, funding conditions and neighborhood acceptance. Page 3 Fund 601(Water), Fund 611 (Sanitary Sewer), and Fund 631 (Stormwater Management Fund): Projects included with these funds include new utility extensions, rehabilitation of mains, lift stations, ponds, etc. and other equipment directly related to provision of the utility services. For 2023, notice that several projects are consistent with the street projects as much of the work is done at the same time. Goals: The City shall provide those basic facilities and services that ensure the health, safety and general welfare of the public, the cost of which facilities and services are most efficiently shared by the general public. Maintain a sound financial planning program for capital improvements, relating such improvements to actual need, proper location and timing. Objectives: New community facilities and services are to be developed to meet the needs and interests of the Shorewood community. Public facilities and services are to be planned and provided in a comprehensive coordinated and economic fashion. Policies: City public utilities will be reviewed at the same time that the Capital Improvement Program (CIP) is reviewed each year. Demand for urban services shall be anticipated, with emphasis to conserving existing facilities, in order to facilitate orderly, fiscally responsible extension of service systems. The stormwater drainage facilities shall be considered integral elements of the City’s street improvement projects. FINDINGS/RECOMMENDATION Staff recommends a positive finding that the Capital Improvement Program is generally consistent with the Comprehensive Plan and has provided an authorization consistent with this recommendation. Proposed motion: Move to recommend approval of the 2023-2032 CIP based on the finding that it is generally consistent with, implements, and/or the projects are contemplated by the City’s Comprehensive Plan and further that the Vice-Chair of the Commission may execute and forward this finding to the City Council. ATTACHMENTS 2023-2032 CIP Draft Written Recommendation Comprehensive Plan (available on the website under government/city departments/planning and protective inspections/Comprehensive Plan or with this link: Welcome to Shorewood, MN 2K MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Approving Permanent Appointment of Chris Heitz Meeting Date: Monday, January 23, 2023 Prepared by: Matt Morreim, Public Works Director Reviewed by: Marc Nevinski, City Administrator Sandie Thone, City Clerk/Human Resources Director Policy Consideration: Pursuant to Shorewood Personnel Policy Section 3.08 All new, rehired, promoted or reassigned employees shall complete a six (6) month probationary period upon assuming their new positions. This period shall be used to observe the employee’s work habits and ability to perform the work they are required to do. Background: On July 12, 2022 Chris Heitz was promoted to Lead Field Supervisor with the City of Shorewood. Chris was considered for the promotion due to his experience and leadership as a Light Equipment Operator since May of 2017. Chris is a valuable team leader in the public works department and the city. He ensures that public works staff provides exceptional and responsive services to the citizens of Shorewood. Chris is dedicated to new advancements, technology and maintenance practices so that public works can continue to be safe, efficient and effective. He is professional and gets along well with team members. He is being recommended for permanent appointment in the capacity of Lead Field Supervisor for the City of Shorewood. Financial Considerations: As delineated below. Action Requested: Staff respectfully recommends the city council approve Chris Heitz’s permanent appointment and non-exempt hourly rate be advanced to Grade 11, Step F of $41.40 of the City of Shorewood’s Compensation Plan at the completion of his 6-month anniversary and upon approval of his permanent appointment. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 #6B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Variance to side and rear setbacks for an accessory building Location: 5925 Eureka Road Applicant: Gene German and Sara Lassila Meeting Date: January 23, 2023 Prepared by: Marie Darling, Planning Director Review Deadline: February 15, 2022 Attachments: Planning Memorandums from the 12/6/2022 and 1/17/2023 Meeting Resolutions Background: See attached planning memorandums for detailed background on this request. At their January 17, 2023 meeting, the Planning Commission unanimously recommended approval of the rear-yard variance and denial of the side-yard variance, subject to the conditions in the attached resolutions. Summary of Public Notice and Testimony: Notice was mailed to all property owners within 500 feet of the property prior to the Planning Commission public meeting on December 6, 2022. The applicant was present at the meeting and spoke in favor of the application. One letter was received. No one from the public requested to speak at either public meeting. 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 rear-yard variance and denial of the side-yard variance, subject to the conditions in the attached resolution. Proposed motion: Move to adopt the attached resolutions approving a rear yard setback variance and denying a side yard setback for Gene German and Sara Lassila for property located at 5925 Eureka Road, as recommended by the Planning Commission. Any action on this request would require a majority of Councilmembers. 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\\5925 Eureka Road shed Var\\CAF.docx CITY OF 4A SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900 www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: January 17, 2023 continued from December 6, 2022 REQUEST: Variance to allow an accessory building to be constructed at three feet from the rear and side property lines where 50 and 10 feet are required APPLICANT: Gene German and Sara Lassila LOCATION: 5925 Eureka Road REVIEW DEADLINE: February 22, 2023 LAND USE CLASSIFICATION: Minimum Density Residential ZONING: R-1A FILE NUMBER: 22.13 REQUEST: The applicant requests a variance to construct a new accessory building in the southeast corner of the lot. The building would be 16-feet by 20-feet. Notice of the original meeting for the variance application was mailed to all property owners within 500 feet of the property. BACKGROUND At their last meeting, the Planning Commission requested additional information and exhibits showing the distance of the new shed to the existing emergency shelter. Two exhibits are attached. Staff prepared two exhibits showing the shed a minimum of 10 feet to the side and rear property lines with showing two different building orientations. In either case, the applicant indicates that he can work with Page 2 the separation shown. He has also submitted revised graphics showing the detached accessory building with a gable roof instead of a gambrel roof consistent with the proposed recommendations. RECOMMENDATION Staff recommends the Planning Commission review the application according to the new graphics and the variance criteria (listed in the original staff memo) The variance criteria are open to interpretation. Should the Planning Commission recommend approval of the request for a rear yard setback, but denial of a side-yard setback, staff recommends that the applicants be required to acquire all necessary permits prior to construction, use horizontal lap siding instead of vertical and locate the shed a minimum of 10 feet from the side and rear property line. ATTACHMENTS Revised site plans Revised shed plans Planning Commission memo from December 6, 2022 and attachments Correspondence Received S:\\Planning\\Planning Files\\Applications\\2022 Cases\\5925 Eureka Road shed Var\\PC memo 01 17 2023.docx RESOLUTION 23-014 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE TO THE REAR YARD SETBACK FOR PROPERTY LOCATED AT 5925 EUREKA ROAD WHEREAS, Gene German and Sara Lassila, (the "Applicant") propose to install a 16-foot by 20- foot accessory building on property legally described as: The north 156.75 feet of the west 137.00 feet of that part of Lot 76, Auditor's Subdivision No. 133, according to the recorded plat thereof, Hennepin County, Minnesota, lying north of the north line of Lots 14 and 15 Meakers Outlots to Excelsior, according to the recorded plat thereof in said County; (the "Subject Property") and, WHEREAS, the Applicant has applied for a variance to allow an addition to be 3 feet from the rear property line where 50 feet is required; and WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is included in a memorandum for the December 6, 2022 and January 17, 2023 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held public meetings on December 6, 2022 and January 17, 2023 to review the application, the minutes of the meetings are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on January 23, 2023, at which time the planning staff memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the R-1A zoning district, which requires all buildings to be set back 50 feet from the rear property lines. 2. The existing home was constructed in 1956, prior to modern zoning regulations. 3. The existing property is on a corner lot which requires a 50-foot setback from north, west and south property lines. 4. The property was created prior to modern zoning and has about 21,500 square feet of area in a zoning district that requires 40,000 square feet. 5. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations when there are practical difficulties, and the action is the minimum to alleviate the practical difficulties. 6. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 7. Section 1201.05 of the zoning regulations provides that the variance request shall be the minimum action necessary to alleviate the practical difficulties. 8. The Applicant's proposal is identified on the application materials and plans submitted on October 20, 25, and 26, 2022, December 27, 2022 (the "Plans"). CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct an accessory building closer to the rear property line, based on the Plans. B. The City Council finds that the applicant's original request for a three-foot setback may be inadequate to resolve any impacts to the surrounding area, but 10 feet would provide additional area to overcome any future issues that may result from the shed's construction. C. The City Council specifically finds that approving a variance to allow an accessory structure at 10 feet from the rear property line is consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates practical difficulties based on the location of the property as a corner lot and approximately half the size required by modern zoning. As a result, allowing a shed at 10 feet from the property line would be the minimum action to alleviate the practical difficulties. Additionally, that the improvements proposed would not inappropriately impact the area, public welfare or other lands/improvements in the area. D. The variance approval shall be subject to the following conditions: 1. Prior to beginning any construction on the Property, the applicant shall acquire all necessary permits. 2. Prior to issuance of the building permit, the applicant shall submit a revised survey/site plan indicating the shed a minimum of 10 feet from the side and rear property line. E. The variance shall expire one year after approval unless the applicant has completed the project, or an extension has been requested in accordance with Section 1201.05 Subd. 3 of City Code. F. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 23rd day of January, 2023. Jennifer Labadie, Mayor Attest: Sandie Thone, City Clerk RESOLUTION NO. 23-015 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION DENYING A REQUEST FOR A VARIANCE TO SIDE-YARD SETBACKS FOR PROPERTY LOCATED AT 5925 EUREKA ROAD WHEREAS, Gene German and Sara Lassila, (the “Applicant”) are the owners of real property, legally described as: The north 156.75 feet of the west 137.00 feet of that part of Lot 76, Auditor’s Subdivision No. 133, according to the recorded plat thereof, Hennepin County, Minnesota, lying north of the north line of Lots 14 and 15 Meakers Outlots to Excelsior, according to the recorded plat thereof in said County; (the “Subject Property”) and WHEREAS, the Applicant has applied for variances to allow an accessory building to be constructed three feet from side and rear property lines where 10 and 50 feet are required; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the December 6, 2022 and January 17, 2023 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held public meetings on December 6, 2022 and January 17, 2023 to review the application, the minutes of the meetings are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on January 23, 2023, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the R-1A zoning district, which allows all buildings to be no closer than 10 feet from side property lines and 50 feet to rear property lines. 2. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations when there are practical difficulties. 3. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 4. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider if the variance has impact on the essential character of the locality or injurious to other land or improvements in the neighborhood. 5. Section 1201.05 of the zoning regulations provides that the variance request shall be the minimum action necessary to alleviate the practical difficulties. CONCLUSIONS A. The City Council finds that the applicant’s original request for a three-foot setback may be inadequate to resolve any impacts to the surrounding area, but 10 feet would provide additional area to overcome any future issues that may result from the shed’s construction. B. Based upon the foregoing, and the records referenced herein, the City Council hereby concludes that the Applicant's proposal for a variance is in conflict with the criteria for a variance listed in Item 3 and 4 under Findings (above) and hereby denies the application as the applicant has not shown that there is a practical difficulty that the applicant could not overcome or any unique circumstances related to the side-yard setback. C. The City Council further concludes the Applicant’s proposal conflicts with Item 4 under Findings (above) and hereby denies the application because the request could impact the essential character of the locality or could be injurious to other land or improvements in the neighborhood due to the close proximity to the side property line. D. The City Council further concludes that the Applicant’s proposal conflicts with Item 5 under Findings (above) and hereby denies the application because without a finding that there are practical difficulties, the request is not the minimum action to alleviate the circumstance. rd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 23 day of January, 2023. Jennifer Labadie, Mayor Attest: Sandie Thone, City Clerk -2- #6C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item nd Title / Subject: Variance to rear setback for a 2 story addition Location: 22430 Murray Street Applicant: Clayton Tessness Meeting Date: January 23, 2023 Prepared by: Marie Darling, Planning Director Review Deadline: April 20, 2023 Attachments: Planning Memorandum from the 1/17/2023 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At their January 17, 2023 meeting, the Planning Commission unanimously recommended approval of the rear-yard variance, subject to the conditions in the attached resolutions. Summary of Public Notice and Testimony: Notice was mailed to all property owners within 500 feet of the property prior to the Planning Commission public meeting. The applicant was present at the meeting and spoke in favor of the application. No one from the public requested to speak. 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 rear-yard variance, subject to the conditions in the attached resolution. Proposed motion: Move to adopt the attached resolution approving a rear yard setback variance for Clayton Tessness for property located at 22430 Murray Street, as recommended by the Planning Commission. Any action on this request would require a majority of Councilmembers. 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\\22430 Murray St VAR Nordick tessness\\CAF.docx 12-21-2022 To whom it may concern: We are requesting a variance for the property at 22430 Murray Street. The variance would be for the rear yard setback from 40 feet to 37.6 feet. We are adding an addition above the garage and not changing any of the pre-existing conditions pertinent to a setback. The variance, and its resulting construction and use is consistent with the intent of the comprehensive plan and in harmony with the general purposes and the intent of the zoning regulations. The pre-existing conditions where the house was built on the lot caused the practical difficulties in complying with this chapter. The property owners propose to use the property in a reasonable manner which are in line with the comprehensive plan. The plight of the homeowner is not due to circumstances unique to the property not created by the landowner being that the home was built before this ordinance was in effect. The variance, if approved, would not alter the essential character of the locality. Being that it will continue being a residential single family dwelling. The variance would not be based exclusively on economic considerations. The variance shall not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public street or increase the danger of fire or endanger the public safety. RESOLUTION 2023-016 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE TO REAR YARD SETBACK ON PROPERTY LOCATED AT 22430 MURRAY STREET WHEREAS, Clayton Tessness, (the “Applicant”) propose to add a second story addition over an attached garage that is currently 37.8 feet from the rear property line where 40 feet is required on property legally described as: The south 150.88 feet of the east 135.0 feet of Lot 84, Auditor’s Subdivision No. 135, Hennepin County, Minnesota. Subject to an easement for driveway purposes over the east 20 feet thereof. (the “Property”) WHEREAS, the Applicant has applied for a variance to allow the second-story addition over the existing non-conforming attached garage; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the January 17, 2023 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on January 17, 2023 to review the application and take any public testimony offered, the minutes of said meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on January 23, 2023, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant and staff. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the R-1C/S zoning district, which prohibits structures within 40 feet of the rear property line. 2. The addition is proposed to increase the living space of the home by providing a master bedroom suite. 3. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations when there are practical difficulties, and the action is the minimum to alleviate the practical difficulties. 5. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 6. The Applicant’s proposal is identified on the application materials and plans submitted on December 10, 16, and 21, 2022 (the “Plans”). CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct a second story addition that would be 37.8 feet from the property line where 40 feet would otherwise be required based on the Plans. B. The City Council specifically finds that the Applicant’s request for the variance is consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates practical difficulties based on the existing location of the nonconforming home. Additionally, that the improvements proposed would not inappropriately impact the area, public welfare or other lands/improvements in the area. C. The variance approval shall be subject to the following conditions: 1. Prior to beginning any construction on the Property, the applicant shall acquire all necessary permits. 2. Prior to issuance of the building permit, the applicant shall submit a construction management plan addressing parking for the contractors/subs, delivery of goods, hours of construction, trash management, etc. 3. Prior to final inspection, the shed shown on the survey shall be relocated to a conforming location. D. The variance shall expire one year after approval unless the applicant has completed the project, or an extension has been requested in accordance with Section 1201.05 Subd. 3 of City Code. E. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA rd this 23 day of January, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-017 A RESOLUTION TO PREPARE SCOPING STUDY FOR EUREKA ROAD NORTH CITY PROJECT 23-01 WHEREAS, the current Capital Improvement Plan (CIP) identifies the Eureka Road North for construction in 2025 from Birch Bluff Road to the Smithtown Road. The project scope currently includes reclaiming and paving Eureka Road, concrete curb and gutter on one side of the road, a six-foot bituminous trail, and potential retaining walls; and WHEREAS, the Eureka Road North Scoping Study will provide the necessary preliminary engineering information, environmental impacts, construction costs, and potential easement needs to allow for public input and evaluation prior to providing a final recommendation for improvements; and WHEREAS, the Eureka Road North project will allow for improvements to the city streets & utilities and allow for opportunities to address and correct drainage concerns; and WHEREAS, the City Council as appointed Bolton & Menk as the City Engineer and will prepare the Scoping Study and preliminary design for the Eureka Road North project; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota authorizes Bolton & Menk to complete a Scoping Study for the Eureka Road North project. rd Passed by the City Council of Shorewood, Minnesota this 23 day of January, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk #9.A.1 MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Response to Concerns Raised by Ms. Rogers on 01-09-2023 Meeting Date: January 23, 2023 Prepared by: Marie Darling, Planning Director Reviewed by: Jared Shepherd, City Attorney Attachments: Email Correspondence with Susan Gerberich Letter from the property owner and the easement holders Background: Ms. Kelly Rogers came to Matters from the floor on January 9, 2023. She lives at 20960 Radisson Rd. The parcel where she keeps a dock is across the street and is 12 feet wide. That 12-foot wide parcel is currently owned by Kelly and Ryan Lampe but was previously owned by the Gerberich family. In 2021, the City received a complaint that the dock owner was renting out slips on a dock. Initially, staff sent an enforcement letter to the property owners that the parcel was too small to hold a dock and that docks may not be rented out. The property owners contacted City Hall and let us know that the dock was not theirs. The person that owned the dock removed the dock that summer (Ms. Kelly Rogers). As the Sanshagrin, et al v. Shorewood case moved to decision at the court of appeals, Ms. Roger’s attorney contacted the City Attorney to discuss the impact of the case on Ms. Roger’s dock. The cases were similar enough that the City Attorney indicated the city would not begin enforcement if a dock was again placed on the lake. The property owner contacted staff with concerns that Ms. Rogers was told that she could have a dock on their property. Attached is a copy of the staff response to the property owner. Enforcement of the covenants recorded against the property is a private matter between the property owner and the easement holder(s). Staff note that the letter is not an easement and is not recorded against the property to our knowledge. If either of the easement holders has questions about whether or not the document would preserve their dock rights now or in the future should new property owners have other goals for their property, they should contact an attorney for direction. 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\\2023 Cases\\Other\\Response to Matters from the Floor\\2023 01 23.docx