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02-27-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 27, 2023 7:00 P.M. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Labadie___ Johnson___ Callies___ Maddy___ Sanschagrin___ C. Review and Adopt Agenda Attachments 2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening under a single motion. These items have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff may request that an item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of February 13, 2023 Minutes B. City Council Regular Meeting Minutes of February 13, 2023 Minutes C. Approval of the Verified Claims List Claims List D. Approve Hire of Grace Brisley as Shorewood Community and Parks/Rec Director Memo Event Center Attendant E. Approve Master Contract Agreement with MNDoT City Engineer Memo Resolution 23-021 F. Approve Hire of Christopher Pratley as Public Works Light City Clerk/HR Director Memo Equipment Operator G. Approve Recruitment for PW Seasonal Employees City Clerk/HR Director Memo 3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on tonight's agenda, to the attention of the Council. Anyone wishing to address the Council should raise their hand, or if attending remotely please use the “raise hand” function on your screen and wait to be called on. Please make your comments from the podium and identify yourself by your first and last name and your address for the record. Please limit your comments to three minutes. No discussion or action will be taken by the Council on this matter. If requested by the Council, City staff will prepare a report for the Council regarding the matter and place it on the next agenda. CITY COUNCIL REGULAR MEETING AGENDA Page 2 4. REPORTS AND PRESENTATIONS A. Recognize Outgoing Commissioners City Clerk/HR Director Memo B. Christmas Lake HOA – Aquatic Invasive Species Program at Christmas Lake 5. PARKS A. Report by Commissioner Garske on 02-14-23 Park Commission Meeting Minutes 6. PLANNING A. Report by Commissioner Riedel on 02-07-23 Planning Commission Meeting Minutes B. CUP for antenna co-location on an existing Monopole Planning Director Memo Applicant : AMJ International, LLC (T-Mobile) Resolution 23-022 Location: 24283 Smithtown Road C. Variance to OHWL setback of Silver Lake Planning Director Memo Applicant: Gardner Building and Remodeling Resolution 23-023 Location: 19960 Sweetwater Curve D. Variance to front and side setbacks Planning Director Memo Applicant: Todd Nelson Resolution 23-024 Location: 20980 Ivy Lane 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Approve Proposal for NeoGov Insight Subscription City Clerk/HR Director Memo Resolution 23-025 9. STAFF AND COUNCIL REPORTS A. Staff 1. Tree Sale Communications Coordinator Memo B. Mayor and City Council 10. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 13, 2023 5:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 5:30 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Labadie, and Maddy; City Administrator Nevinski; City Clerk/HR Director Thone Absent: Councilmembers Callies and Sanschagrin B. Review Agenda Johnson moved, Maddy seconded, approving the agenda as presented. Motion passed 3/0. 2. COMMISSION INT ERVIEWS 5:30 PM – Nat Gorham 5:45 PM – Mary Johnson 6:00 PM – Mark Czerwonka 6:15 PM – Gene German The Council conducted interviews with the candidates interested in serving on the Park and Planning Commission. The candidates shared examples of their education, work history, and background/experience and answered questions from the Council. The Council recessed the meeting between interviews and reconvened at the appropriate times. Mayor Labadie explained that the Council would make a decision on the various Commission placements later tonight at the regular meeting. She noted that someone from City Hall would be getting in touch with the candidates tomorrow. 3. RETREAT AGENDA City Administrator Nevinski gave an overview of the results of the survey that the Council had filled out for discussion at the upcoming Council retreat. He noted that since Councilmember Sanschagrin was unable to attend tonight’s meeting, he had given some feedback for topics to be discussed at the retreat. Mayor Labadie noted that she wished the full Council was present for this discussion and explained that she would like the Council to take a look at the different topics and see if they felt the amount of time designated would be appropriate. The Council discussed possible discussion topics and their proposed timelines. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES FEBRUARY 13, 2023 Page 2 of 2 City Administrator Nevinski noted that there are items that could be brought back to a future Work Session for additional discussion, if there is not time at the retreat. There was consensus of the Council that they did not want to publish times for the various retreat agenda items, in case the day ends up going not according to the plan because they do not want to mislead the public. Councilmember Maddy asked if there were any items that staff would like the Council to discuss at the retreat that had not been included already. City Administrator Nevinski noted that he thinks most of those types of things will end up being discussed during the budget and CIP topics. 4. ADJOURN Maddy moved, Johnson seconded, Adjourning the City Council Work Session Meeting of February 13, 2023, at 6:45 P.M. Motion passed 3/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 13, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, and Maddy; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Park and Recreation Director Crossfield; Public Works Director Morreim; and, City Engineer Budde Absent: Councilmembers Callies and Sanschagrin B. Review Agenda Johnson moved, Maddy seconded, approving the agenda as presented. All in favor, motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Maddy noted that the attendance was recorded incorrectly from the January 23, 2023 meeting. Mayor Labadie noted that item 2A. from the Consent Agenda will be moved to item 8.C. for separate discussion. Maddy moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of January 23, 2023 (moved to item 8.C.) B. Approval of the Verified Claims List C. Accept Donations from Cub Foods and WSB for Arctic Fever, Adopting RESOLUTION NO. 23-018, “A Resolution Accepting Donations to the City of Shorewood 2023 Arctic Fever Event.” D. Approve Recording Secretary Service Extension, Adopting RESOLUTION NO. 23-019, “A Resolution Approving an Addendum to the Recording Secretary Service Agreement.” CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 13, 2023 Page 2 of 5 E. Hennepin County Open Book Meetings Motion passed. 3. MATTERS FROM THE FLOOR Kirk Honour, 5320 Lee Circle, explained that he would like to comment on the Birch Bluff/Lee Circle construction project. He stated that two of the property owners on Lee Circle will have the size of their properties reduced on two sides and the others will have them reduced by the enlargement of the cul-de-sac. He stated that in general, all four of the homeowners on Lee Circle are thinking this plan is not a good idea and do not understand why there is a need to widen the cul-de-sac or the roadway. He noted that they have seen semi-trucks that were able to turn around in the existing cul-de-sac. He stated that he understands that there is a desire to standardize the road system and believes this whole project was being done in order to stub in a watermain, but noted that none of the residents on Lee Circle plan to hook into. He explained that he was here to voice the ongoing going lack of support for this project from the residents on Lee Circle. He stated that if the City decides that the watermain stub has to go in, he questioned whether that meant that the roadway would automatically have to be widened. Mayor Labadie asked if Mr. Honour was speaking on behalf of all four of the residents of Lee Circle. Mr. Honour stated that he was not here specifically representing them but has spoken with residents at all four of the houses and was here voicing their concerns but not ‘representing’ them. 4. REPORTS AND PRESENTATIONS A. Jim Flattum, Excelsior Lion’s Club Overview Mayor Labadie noted that this item would be moved to a future agenda. B. Photo Contest Winners, Spring and Summer City Clerk/HR Director Thone gave an overview of the winners for the Spring and Summer 2022 Photo Contest. She stated that the winners are: Spring Wonder – Evening Delight by Suzann Thompson; Summer Delights – Hold on to Summer – Jocelyn Stenberg; People and Pets – Yard Working – Daniel A. Peso; and Wildlife – Blackburnian Warbler – Judy Voigt Englund. She reminded everyone that the fall and winter photo contest was ongoing and encouraged people to continue to submit their entries. 5. PARKS 6. PLANNING 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Arctic Fever Recap CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 13, 2023 Page 3 of 5 Park and Recreation Director Crossfield gave an overview of the Arctic Fever event, partnerships, sponsorships, volunteers, and participation numbers for the various events. She stated that the in the next few weeks, the planning committee for this event with complete a post event evaluation and start the planning process for 2024. Mayor Labadie noted that she had attended both days of Arctic Fever and felt it was really a great event. She expressed her appreciation to the volunteers and the corporate sponsors for making the event possible. B. Approve Appointment of Planning/Park Commissioners City Clerk/HR Director Thone explained that earlier this evening, the City Council held interviews for the opening Commission positions. She noted that there are two open seats on the Planning Commission and one seat open on the Park Commission. Mayor Labadie noted that Gene German had asked a very specific question following his interview that is awaiting an official answer from the City Attorney. She stated that until that question is answered, the Council cannot make a decision regarding appointing him to fill any of the vacancies this evening. City Administrator Nevinski stated that he wanted to make it clear that Mr. German is not precluded from applying to serve on a Commission sometime in the future. Mayor Labadie clarified that it would be more accurate to state that the answer to Mr. German’s question could make him choose to voluntarily withdraw his application. Labadie moved, Maddy seconded, Appointing Nat Gorham to the Planning Commission for a term expiring February 2026 and Mary Johnson to the Planning Commission for a term expiring in 2025 and appointing Mark Czerwonka to the Park Commission for a term through February 2024. Motion passed. City Administrator Nevinski noted that he also believes there are upcoming openings on the LMCC and the LMCD. Mayor Labadie noted that she thinks it is in good practice to require the seated commissioners to reapply as well as opening things up to the public. There was consensus of the Council to require seated commissioners to reapply for openings on Commissions. C. City Council Regular Meeting Minutes of January 23, 2023 Councilmember Maddy stated that Councilmember Sanschagrin was marked as present at the meeting, but he was not in attendance. He stated that he believed Councilmember Sanschagrin was present on-line, but did not vote during the meeting. Maddy moved, Johnson seconded, Approving the City Council Regular Meeting Minutes of January 23, 2023, with the attendance revised, as noted. Motion passed. 9. STAFF AND COUNCIL REPORTS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 13, 2023 Page 4 of 5 A. Staff Public Works Director Morreim stated that they have held the Light Equipment Operators interviews and are hoping to be able to make an employment offer soon. He noted that they are also planning to post soon for their upcoming seasonal positions. City Engineer Budde stated that he can respond to the item raised by Mr. Honour during Matters from the Floor and explained that he had already had communications with Mr. Honour, so he was aware of his concerns. He confirmed that one of the reasons the City is reconstructing the cul-de-sac is to standardize it with a 90 foot diameter. He noted that there has been a fair amount of discussion over the last few projects from the Council and staff regarding the size of cul-de- sacs. He noted that he believes that they have reduced the diameter to 85 feet in this particular location in order to minimize tree loss and the need for easements around the perimeter of the cul-de-sac. He noted that one of the main reasons for the 90 foot diameter is so a school bus can turn around on it, but in this location, because it is such a small stub street, they do not anticipate a school bus would drive down there but would like to have a larger diameter for emergency response vehicles. He stated that they are planning to stub in watermain and put in a hydrant at the south end of the cul-de-sac and pointed out the size of the cul-de-sac is staying within the City’s footprint of the right-of-way. He stated that the point made by Mr. Honour was somewhat misconstrued and explained that the City was not ‘taking’ their property but is reducing the size of their front yard because of the size of the cul-de-sac. He stated that this area is within the City’s right to construct and maintain the roadways. B. Mayor and City Council Councilmember Maddy noted that he will attend the upcoming LMCC meeting and noted that if anyone had anything for him to bring to that meeting to let him know prior to Thursday. Councilmember Johnson stated that he attended an Excelsior Fire Board meeting and one of their big topics of conversation was response times for ambulances. He stated that he expects that conversation to be one that is brought back before the individual City Councils. City Administrator Nevinski noted that he has been disseminating information on this topic as it has been received from Fire Chief Mackey. He stated that the Council may need to make a determination on whether this is something that they want to take a formal position on or if they are comfortable with the direction things have been going. Mayor Labadie stated that earlier today she attended the Regional Council of Mayors meeting where the main topic of discussion was housing, affordable housing, and equity. She noted that a few weeks ago she attended the St. Paul Winter Carnival with other mayors. She stated that she has also been invited by Congressman Phillips office to attend a non-partisan event at the White House on March 1, 2023 entitled, Communities in Action, Building a Better Minnesota. 10. ADJOURN Johnson moved, Maddy seconded, Adjourning the City Council Regular Meeting of February 13, 2023, at 7:33 P.M. Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 13, 2023 Page 5 of 5 ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Approving Hiring of Grace Brisley Community Center Attendant Meeting Date: Monday, February 27, 2023 Prepared by: Janelle Crossfield, Parks and Recreation 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 candidates for the Community Center Attendant Position. Grace Brinsley was selected for the position based on her education and experience in a recreational setting. Grace is a resident of Shorewood and has a Bachelor of Arts in Communication Studies. Her relevant experience consisting of communications, teaching pre-school programs and serving as a Service Desk Attendant/Building Supervisor at Williston Fitness Center in Minnetonka for the past five years. Financial Considerations: Staff is recommending Grace’s compensation rate be set at Grade 1, Step B of Shorewood’s Compensation Plan of $14.33 hourly. The position will be reviewed at the 6-month anniversary for consideration of permanent appointment. The position is non- exempt and PERA eligible. Action Requested: Staff respectfully recommends the city council approve Grace Brisley’s appointment as a probationary employee in the capacity of Community Center Attendant for the City of Shorewood. Motion, second and simple majority vote required. If the council approves his appointment, her first day of employment is anticipated to be March 3, 2023. 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 2E MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Master Contract Agreement with Minnesota Department of Transportation Meeting Date: Monday February 27, 2023 Prepared by: Andrew Budde, City Engineer Reviewed by: Matt Morreim, Director of Public Works Attachments: Agreement, Resolution Background: The City of Shorewood and MnDOT often coordinate on roadway related items throughout the area and both entities wish to streamline the efforts to allow for quick service and delivery. Having a master contract agreement in place will speed up the approval process for both agencies. The master contract agreement would allow work and money to be exchanged in both directions depending on the needs and interests of the agencies. A formal work order would be prepared and approved at the staff level for both agencies for any work to occur unless it is already covered under the standard items of the agreement. The contract would remain in place until June 2027, at which time it could be terminated or renewed. One benefit of having this agreement in place is that it creates another option for the city to receive funds directly from MnDOT if Shorewood is to take the lead on the TH 7 Corridor Study. Financial Considerations: None. Recommendation/Action Requested: Staff recommends the city council approve the resolution to approve and enter into the Master Partnership Contract with the Minnesota Department of Transportation. 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 23-021 A RESOLUTION TO APPROVE A MASTER PARTNERSHIP CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, , MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. That the City of Shorewood enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the Council. 2. That the proper City officers are authorized to execute such contract, and any amendments thereto. 3. That the Public Works Director is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the Public Works Director may execute such work order contracts on behalf of the City of Shorewood without further approval by this Board. th Passed by the City Council of Shorewood, Minnesota this 27 day of February 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 2H MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Approving Hire of Christopher Pratley as Public Works LEO Meeting Date: Monday, February 27, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Matt Morreim, Public Works 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: The city most recently recruited qualified candidates for the newly created Public Works LEO position that was approved by the city council in 2022. Candidates were interviewed by City Administrator Marc Nevinski, Public Works Director Matt Morreim, Public Works Supervisor Chris Heitz, and City Clerk/HR Director Sandie Thone on February 9, 2023. It was unanimously agreed to offer the position to Christopher Pratley, determining his knowledge, experience, and skills would be a good fit for the position and an asset to the team. Christopher’s most recent experience is as an Equipment Operator for the City of Chanhassen, where he spent the last 11-1/2 years. If approved, Chris’s start date will be March 1, 2023. Financial Considerations: Staff is recommending Christopher’s compensation rate be set at Year 3; $32.76 per hour, of the AFSCME Union scale for the LEO position, as outlined in the AFSCME Union Contract. The position will be reviewed at the 6-month anniversary for consideration of permanent appointment. The position is non-exempt, PERA eligible, benefit eligible, and receives vacation, sick leave, and holiday benefits. Action Requested: Staff respectfully recommends the city council approve Christopher Pratley’s hire as a probationary employee in the capacity of Public Works LEO for the City of Shorewood. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2I Title/Subject: Approve Recruitment for PW Seasonal Employees MEETING Meeting Date: Monday, February 27, 2023 TYPE Prepared by: Sandie Thone, City Clerk/HR Director Regular Reviewed by: Matt Morreim, Public Works Director Background: Each year the Public Work’s department recruits for and hires temporary seasonal workers who perform maintenance work in the city’s parks. The position description has been updated to reflect the most recent duties and responsibilities of the position and the pay rate for the position has been reviewed as discussed below. You may recall that last year we were unsuccessful at filling either of the city’s two posted Public Work’s department seasonal positions. In a survey of local seasonal wages, it was determined the hourly advertised pay for the position, at $14, was well under what surrounding cities were paying their seasonal public works employees. The city paid an hourly wage of $11.75 for the position in 2021. A comparison is listed below. City Seasonal PW Employee Hourly Rate for 2023 Coon Rapids $16.87 Northfield $14.96-$16.85 Fridley $15.65-$18.04 Champlin $16-$20 Excelsior $15-$17 Eagan $16.67-$18.33 Crystal $16.27 Golden Valley $17.33-$19.44 Burnsville $14.19-$16.92 Eden Prairie $15-$18 Savage $14.33-$22.85 Prior Lake $15.50-$16.25 Mound $18 White Bear Lake $14.68-$16.48 Anoka $17 Lakeville $15.35-$17.35 Edina $15.97-$18.13 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 In a meeting to discuss the position, the wages, and the recruitment, it was determined that an hourly rate of $18 would be most competitive for the position and align nicely with the surrounding communities of Mound and Excelsior. Action Requested: Staff respectfully recommends the city council approve the recruitment to fill the positions for two (2) seasonal public works employees to perform park maintenance as presented and at the rate of $18.00 per hour. Motion, second and simple majority vote required. 4A MEETING TYPE Regular City of Shorewood Council Meeting Item Title/Subject: Service Recognition: Shorewood Planning and Park Commission Meeting Date: Monday, February 27, 2023 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Marc Nevinski, City Administrator Marie Darling, Planning Director Background: The city has a need for citizens to serve on advisory committees to the city council. Pursuant to Shorewood City Code Chapter 201, the Shorewood Planning Commission was established to be the city planning agency authorized by MN Statute and is advisory to the City Council. The Commission consists of five members who must be current residents of Shorewood. Terms of appointment commence on March 1 and terminate on the last day of February and run for three (3) years. The Planning Commission shall have the powers and duties given to city planning agencies, generally by law, including the authority to conduct public hearings. Pursuant to Shorewood City Code Chapter 202, the Shorewood Park Commission was established and is advisory to the City Council. The Commission consists of five members who must be current residents of Shorewood. Terms of appointment commence on March 1 and terminate on the last day of February and run for three (3) years. The purpose of the Park Commission shall be to aid the City Council in the expenditure of monies so that the greatest benefit may be obtained from the use and maintenance of the city parks. We sincerely thank and recognize the outstanding service of the following outgoing commissioners: Planning Commissioner and Vice-Chair Marc Riedel Planning Commissioner and Chair Dustin Maddy Park Commissioner Matt Gallivan Park Commissioner James Heinz Park Commissioner Joanne Schmid The Shorewood City Council recognizes and expresses appreciation to the above commissioners for their dedication and service on the Shorewood Commissions. An engraved Yeti will be presented to them in honor of their contributions. No Formal Action Requested. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, 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 5A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, FEBRUARY 14, 2023 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Hirner convened the meeting at 7:01 p.m. A. Roll Call Present: Chair Hirner, Commissioners Levy, Garske, and Wenner; City Parks and Recreation Director Crossfield; and Planning Director Darling Absent: None B. Review Agenda Garske moved to approve the agenda as written. Wenner seconded the motion. Motion carried 4-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of October 25, 2022 Levy moved to approve the minutes of the October 25, 2022 meeting, as written. Hirner seconded the motion. Motion carried 4-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. Silverwood Park Grand Opening Chair Hirner stated that the Silverwood Park project was completed at the end of the season in 2022 and looks fabulous. He stated that the park has been getting a lot of visitors and noted that the City is planning to host a grand opening event and explained that the Commission has been asked to provide input on when to hold this event, if there should be food/refreshments, as well as entertainment or vendors. He gave a brief overview of what was done when the City held a grand opening event for Badger Park. Planning Director Darling stated that she would recommend waiting to hold the grand opening event until after the frost is out of the ground. The Commission talked about the possibility of holding the grand opening in late June during the week, and ways to market the event. PARK COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2023 PAGE 2 OF 9 Planning Director Darling suggested that staff take a look at some possible mid-week dates in June and come back with more specific options at the next meeting. She noted that the City had received a grant from Hennepin County for the parks and believes that they would like to be invited to the grand opening event as well. Commissioner Levy noted that it may also be a good idea to make sure that the MCES knows that this park has special needs equipment in place and available for use. Chair Hirner asked if there may be a way for children to actually conduct the ribbon cutting rather than the City officials. The Commission discussed ideas for food/refreshments and noted the importance of considering that this is a much smaller park that Badger. They suggested perhaps the easiest option may be to have a way to simply pass out popsicles or ice cream rather than have a vendor, but also discussed the possibility of having a small vendor be situated on the service drive. Commissioner Levy suggested that perhaps having signage related to the mowing plans related to the Bee Friendly policy be put up prior to this event, so it can serve as an update for residents on that possible change. Planning Director Darling noted that she was not sure all the decisions would be made by then, but agreed that would be a nice addition. Commissioner Wenner noted that her neighbor hosted a graduation party where they had a Ben & Jerry’s cart that worked really well and even had compostable ice cream cups. She asked how many people the City would expect to be at the event. Planning Director Darling explained that because of the limited amount of parking, she envisions it as being more of a neighborhood party which would probably mean around 50 people. Commissioner Garske asked what type of entertainment options staff was thinking may be appropriate for this type of smaller scale event. Planning Director Darling stated that the City hired an individual who made balloon animals that was very popular at the Badger Park event that could work for this event as well. She noted that they could also have some small games and things like sidewalk chalk available. There was consensus to look into hiring the balloon artist, having chalk available, having some sort of ice cream or snow cone type of refreshment available, and to schedule the grand opening for Silverwood Park mid-week in mid to late June. B. Eddy Station Concession Stand Chair Hirner explained that the City has had a long standing vendor who has operated the Eddy Station concession stand each summer but they are no longer able to do it. He stated that the City is in need of looking at options for concessions including sports associations, food trucks, City-run, or by having other community organizations run the concession stands. Commissioner Levy asked why the company that used to run the concession stand would no longer be doing it. PARK COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2023 PAGE 3 OF 9 Planning Director Darling explained that it has originally run by the father of the individual who ran it last year. She stated that she believed that the father passed away and the family member no longer wants to run the business. She noted that, in the past, the concession stand was primarily run when there were games at Eddy Station. Park and Recreation Director Crossfield stated that from what she has seen, the last vendor did try to maintain having the concession stand open Monday – Sunday from 5:30 to 8:30 p.m.. Commissioner Wenner asked what type of facilities and equipment were available at this concession stand. Park and Recreation Director Crossfield stated that her understanding is that pre-packaged snacks are what would be allowed to be served out of Eddy Station. She stated that there is a refrigerator and a freezer, but believes that is the only equipment. Planning Director Darling explained that in the past they sold popcorn and hot dogs as well, but the stand is lacking a 3-compartment kitchen sink, so they cannot sell food that has been made on site. Commissioner Wenner asked if there was someplace to the north of the concession stand where a food truck would be able to park before the park traffic would accumulate. She stated that she knows how congested the parking lot can be and expressed concern about a food truck being able to get to that portion of the site. Chair Hirner stated that he thinks the end of the parking lot may be able to accommodate this kind of use, but there may be an issue with getting power to this location. He questioned whether there would be somebody willing to have a food truck at this site for 3 hours every night and whether the projected sales would be enough to entice a food truck to want to do that. Commissioner Garske stated that he would lean away from food trucks because he thinks it may be difficult to produce enough revenue in this location and it may be difficult to find enough trucks to rotate through. He stated that he likes the idea of the sports association or enabling the community organizations an opportunity to operate the concession stand as a way to fund raise. Chair Hirner stated that would also be in favor of community organizations or sports associations handling concessions for this location. He stated that he thinks that the Minnetonka Baseball Association is a good example of how well this kind of solution can work. Commissioner Wenner asked if the City made any money off of the concessions. Park and Recreation Director Crossfield noted that she had found a record of a small fee that was charged each season to the vendor. Commissioner Wenner asked if there were numerous sports associations that have expressed an interest in operating the concession stand. Park and Recreation Director Crossfield explained that former Park and Recreation Director Grout had reached out to associations last year and at the time, none of the associations had expressed PARK COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2023 PAGE 4 OF 9 an interest in it, but since that time, one association has expressed interest regarding the possibility of a Monday through Thursday operation. Commissioner Wenner stated that her experience with kids playing soccer at Freeman Park is that finding parent volunteers can be extremely hard with the younger age group because parents are already overloaded. She stated that she loves the idea, in theory, but is not sure if they would be able to practically come up with enough commitment from the parents to actually run the concession stand and also wondered if it was necessary. She noted that she has been there for games when the players, parents, and grandparents have all been a little hungry and cranky and agreed that it would have been nice if they had something more substantial available. She asked if there may be a way to partner with local restaurants to have sponsored nights with their food available. Commissioner Levy stated that her children are swimmers and staffing the booth with products was a pain because they had to make Costco runs for supplies and agreed with Commissioner Wenner that parents do not have a lot of time for this kind of commitment. She stated that she is wondering about the idea of having it be City-run and to give some young people a job. She stated that the City would also be able to control the consistency and product quality of what is sold. She stated that she agreed with Commissioner Wenner that she loves the idea of involving the community or sports associations, but having been on the other side of this issue, has seen how hard it can be. Commissioner Wenner stated that it is has been difficult for the City to find seasonal workers over the last few years. Chair Hirner asked when they needed to have an answer for this situation. Park and Recreation Director Crossfield stated that would depend on which route they select and reviewed some of the timelines related to staffing, food truck approvals, agreements, and potential fees. Commissioner Wenner asked about the possibility of reaching out to the high school to see if there were any of their clubs who may want to sign up to take turns running the stand in order to raise money for their organizations/clubs. She referenced the coffee house on Excelsior Boulevard in Hopkins that is run by students. Chair Hirner suggested that it may be worthwhile to have a conversation with the business teacher at the high school. He stated that he has been involved in a few organizations that supported groups that have had the local business teacher put together a plan that will teach the students how to run a business and noted that this could possibly be that kind of situation. Commissioner Garske stated that he thinks the Commission is in agreement that they would like to have something available at Eddy Station. He stated that it sounds like the preferred route would be to have some sort of group or organization staff it rather than trying to hire someone. He stated that he thinks there have been a lot of good ideas thrown out and asked if that was enough to give staff a start looking into some of the options. Park and Recreation Director Crossfield suggested that staff take a look at a few of the options suggested by the Commission and come back to the Park Commission next month with a more formalized idea of what may be required. PARK COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2023 PAGE 5 OF 9 Commissioner Garske asked if the Commission felt that the association that was interested in potentially staffing the concession stand Monday through Thursday would be sufficient. Commissioner Wenner stated that she did not think that would be feasible. Hirner moved to direct staff to look into having the sports associations run the concession stand as option #1; community organizations as option #2; and City-run as option #3; and that if there is not much weekend coverage that the City look at giving the option for the organizations to work with food trucks for things such as tournaments. Garske seconded the motion. Commissioner Wenner asked if the City would take a portion of the sales from the concession stand. Park and Recreation Director Crossfield explained that in other cities she has seen the City has received a percentage of the profits. Commissioner Wenner asked if there was a food truck site where the City could post the opportunities and available time slots to see if there was any interest. Park and Recreation Director Crossfield stated that would be an option, but in her experience, the food trucks like to know how many people will be there and what other food vendors may be available. She stated that there are different routes that the City could take, for example, starting small and working with a hot dog cart vendor. Commissioner Wenner stated that she would like to see this done prior to looking at having it by City-run because of the proven difficulty in finding seasonal staff. She offered a friendly amendment to the existing motion to replace the City-run option #3 with food trucks. Amended motion by Hirner, seconded by Garske, to direct City staff to look into having the sports associations run the concession stand as option #1; community organization as option #2; and food trucks as option #3, including giving the option for food trucks for things such as tournaments. Motion carried 4-0. C. Smithtown Townhouse Development 24250 Smithtown Road Chair Hirner explained that the plot of land for this townhouse development straddles both Shorewood and Tonka Bay but tonight’s discussion should focus only on the Shorewood aspect of the proposal. He stated that they are planning four buildings with eight units and gave a brief overview of the City ordinance regarding park dedication fees. He explained that the Park Commission is being asked to make a recommendation to the City Council on whether they would like to see park land dedication or park dedication fees in this instance. He stated that because of its location, he did not think land dedication made much sense and would suggest that the City accept park dedication fees in lieu of land. Commissioner Garske stated that he agreed and did not feel like the space would add much value to the City’s parks and the fees would be better used for upgrading other City facilities. PARK COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2023 PAGE 6 OF 9 Commissioner Levy asked about the number of bedrooms in these units and how many families are expected to live there. Ryan Lundgren, stated that there would be about 3 bedrooms per home. Commissioner Wenner asked what would be considered a ‘park’. She stated that she understands that this is not a feasible area for a park because of its location and its proximity to Badger Park, but explained that she was a big tree advocate. She stated that this area contained one of the last stand of old growth trees in the area. She stated that if that whole stand of trees is taken down that would mean a pretty big loss. She noted that it did appear as though the developer has stated that they plan to leave as many trees as possible. Mr. Lundgren agreed and explained that was the benefit of the homeowners from a sales perspective to leave as many of the trees in place as possible so it looks like it has been there the whole time. Commissioner Wenner reiterated her question about what the City’s definition would be of ‘park’. Planning Director Darling stated that, in this case, the definition the City would be using is what is the area of useable public space that could be gained in this area. She stated that there a number of parks in the area as well as the LRT trail and noted that the Comprehensive Plan does not indicate any additional land needed in this particular area for a park. Commissioner Wenner explained that she understood that there were no parks ‘needed’ in the area but asked if there was anything from the City’s perspective that would address conservation of trees, especially if they are valuable, older trees. Planning Director Darling stated that the City wants to look at areas and pick up conservation areas where it is feasible. She explained that in this case, if the City was going to preserve the trees on the space, the City would end up having to purchase the property in order to do that. She stated that this proposal does not include much open space for dedication to the public. She reiterated that for any kind of meaningful conservation on the site, the City would need to purchase a portion of the property rather than getting a small percentage of the property set aside for public open space. Commissioner Wenner asked about the landscaping plans and what trees they have identified in their plans. Mr. Lundgren stated that they have not gotten into those kinds of details yet. He stated that this plan was something that their engineer had put together as an initial idea. He stated that they have spoken with Planning Director Darling, the fire department, and the police station nearby because they felt screening on that side would be very important. He explained that this plan was meant to just show them what they had in mind, but have not had any meaningful discussions at this point regarding landscaping or which trees will need to come out. Planning Director Darling noted that a survey with the tree inventory was included in the meeting packet, but noted that it is a bit hard to see in this format and may be easier to examine in its electronic form. PARK COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2023 PAGE 7 OF 9 Commissioner Levy asked about the number of residents per park from the most recent census and asked if this development was added if the City would still be within the prescribed number of people per park. Planning Director Darling stated that she would need to take a look at the Comprehensive Plan and see if there is an actual number. Park and Recreation Director Crossfield explained that the National Recreation and Park Association determines a healthy community is when everyone is within a ten minute walk of a park. Commissioner Garske asked if the Planning Commission had already approved this project. Planning Director Darling stated that they have not seen it yet and explained that the Park Commission is the first stop for this proposal and noted that the City Council has also not yet seen this proposal. Commissioner Wenner clarified that the Park Commission was being asked to consider a cash donation rather than park land. Chair Hirner confirmed that was correct and noted that how he has looked at these in the past is that you look at the number of units and the size of the lot. He stated that in this proposal that would mean a fairly small piece of property and his thought process is surrounding whether that small piece of land would really be useable for a park. He stated that, in this instance, he does not think the City having this small amount of land for a park would be beneficial. Garske moved to recommend approval of the staff recommending to accept a park dedication fee rather than land for the Smithtown Townhouses at 24250 Smithtown Road. Levy seconded the motion. Motion carried 4-0. Planning Director Darling noted that the second topic for discussion on this property is whether the open space should be owned privately or publicly. She explained that staff is recommending that it be owned privately because most of the common space would be used for storm water, some green space around the units, the driveways, and a private drive. Mr. Lundgren confirmed that there would be a full HOA that would maintain the grounds on this site. Commissioner Wenner asked about the proposed filtration basin. Mr. Lundgren stated that it is like a drainage pond and noted that they have been working with Hennepin County on that easement. He stated that his understanding was that there would be an agreement between the County and the HOA to ensure the maintenance is done. Planning Director Darling stated that the agreement would be with the City of Shorewood, City of Tonka Bay, and the Minnehaha Creek Watershed District. Wenner moved, to recommend that the open spaces at 24250 Smithtown Road remain privately owned and maintained. Garske seconded. Motion carried 4-0. PARK COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2023 PAGE 8 OF 9 5. OLD BUSINESS 6. STAFF AND LIAISON REPORTS / UPDATES A. City Council B. Staff Planning Director Darling stated that she wanted to give an update to the Commission on things that happened when the Commission did not have a quorum and could not meet. She explained that there were several items that staff took directly to the City Council. a. Freeman Park Trails She stated that when the Freeman Park Trails initially came up, the plan was that once the plans were about 50% ready, they would come back and ask for direction on some of the details. She stated that the Three Rivers Park District is constructing a new trailhead segment that would extend from the LRT all the way down to the gravel parking area near the entrance of Freeman Park. She noted that there is a small segment of paved trail that goes through the woods on the north side which would essentially be running parallel to the more highly used trail. She stated that the question staff brought before the Council was whether or not that trail should continue to be paved or if the City should create a more natural experience for walking through there and creating more of a gravel or mowed trail. She stated that the Council determined that it made sense to mill it up and have the gravel trail in that area which results in a substantial cost savings for that portion of the trail. She noted that there is another segment of the trail along Eureka Road and there was discussion of expanding it from 6 feet wide to 8 foot wide and the Council elected to keep it as a 6 foot wide segment, so it is more of a sidewalk rather than a multi-use trail. She stated that the third element that was discussed was the roadway connection between the north and the south parts of the trail that has been closed down to vehicle traffic. She stated that they had proposed narrowing up the road bed so it was less comfortable for people to sneak through with their vehicles. She stated that it would still be wide enough at 12 feet for emergency vehicles to access it and explained that this was also approved by the City Council. She stated that there is one trail segment between the southerly parking lot and the neighborhood to the west that is current unpaved and that is the only segment that is currently unpaved that the Council approved paving. She stated that the next phase for this project will be that staff will apply for grants to help cover some of the costs. Chair Hirner asked if the Freeman Park trails project would happen in 2023. Planning Director Darling stated that she expects it will happen in 2023, but will most likely be later in the year. b. Vandalism Deterrence Park and Recreation Director Crossfield explained that vandalism had taken place in both restrooms at Manor Park. She noted that the Council recommended moving forward with the FlashCAM security camera. She stated that they also encouraged communicating with residents near Manor Park that were involved in the pond clean-up project to get some community feedback regarding a possible mural on the park shelter. She stated that there is an existing pole that would PARK COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2023 PAGE 9 OF 9 allow the camera to be mounted high enough across the parking lot and would have a fairly good angle of the entrance to the restrooms. Commissioner Levy noted that she believed the camera was motion sensing and even had a voice. Park and Recreation Director Crossfield stated that was correct and confirmed that the City can add a voice recording. Planning Director Darling asked for volunteers for reporting at upcoming City Council meetings. February 27 – Commission Garske March 27 – Commissioner Levy April 25 – Commissioner Wenner May 22 – Chair Hirner Planning Director Darling noted that last night, the City Council appointed a new Park Commission member who should be at next month’s meeting. 7. ADJOURN Garske moved to adjourn the Park Commission Meeting of February 14, 2023 at 8:17 p.m. Wenner seconded the motion. Motion carried 4-0. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, FEBRUARY 7, 2023 7:00 P.M. DRAFT MINUTES CALL TO ORDER Vice-Chair Riedel called the meeting to order at 7:00 P.M. ROLL CALL Present: Commissioners Riedel, Eggenberger, and Huskins; Planning Director Darling; Planning Technician Carlson, and Council Liaison Maddy Absent: Commissioner Holker 1. APPROVAL OF AGENDA Huskins moved, Eggenberger seconded, approving the agenda for February 8, 2023, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES  January 17, 2023 Commissioner Huskins noted a minor correction needed on page 2 in the second to the last paragraph to clarify the names of roadways/intersections. Huskins moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of January 17, 2023, as amended. Motion passed 3/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARINGS - NONE Vice-Chair Riedel explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR A COLLOCATION OF ANTENNAS ON EXISTING TOWER Applicant: SMJ International, LLC (T-Mobile) Location: 24283 Smithtown Road Planning Director Darling explained the request to add telecommunication antennas, six radio receiving units, and various other equipment within a new triangular array on the existing tower. Staff recommends approval subject to the conditions noted in the staff report. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 2 of 7 Commissioner Huskins stated that he did not see any communication from any of the neighbors and asked if the Commission could assume that they had been notified and that no one had any comments about this request. Planning Director Darling stated that was correct and explained that the City sent out all notices, as required to 500 feet from the site and the City received no correspondence in response. Commissioner Eggenberger stated that the last time this was before the Commission, part of the recommendation were surrounding some clean up of the trees and asked if that was for the previous applicant. Planning Director Darling confirmed that was for a different applicant and confirmed that they would be handling the clean-up requested by the City. She noted that the ground equipment for this applicant is shorter and does not have a generator. th Andy Bobrytzke, 132 W 8 Street, Mankato, stated that he was at the last meeting for the same tower, but represented a different client. Vice-Chair Riedel stated that the addition of the antennas requires additional supports and asked for a description of the engineering. Planning Director Darling explained that the structural information was included in the packet and stated that there will be running bars up the existing monopole. Mr. Bobrytzke noted that if the monopole needs additional supports, they will add them on the outside and then paint them to match so they blend in. Vice-Chair Riedel asked if Mr. Bobrytzke asked if he was in support of the recommendation from staff that there be no lighting on the antenna unless required by the FAA. Mr. Bobrytzke stated that what the client likes to do is put in a small LED light so they can see when working on the equipment. He stated that they have asked them to put in a dial, like there would be on a bathroom fan, so when the technician is there, he can turn the light on and it will stay on for a certain amount of time and then automatically turn off. Planning Director Darling noted that there was no lighting included on the application. Mr. Bobrytzke pointed out a rendering that listed a ‘proposed LED luminaire’ as the lighting he was referring to that used a timer dial on the H-frame. Vice-Chair Riedel suggested that this be noted since the original staff recommendation listed that there would be no lighting. Commissioner Huskins asked how long it takes from beginning to end to make this modification. Mr. Bobrytzke explained that a typical installation takes about 2-3 days and modifications may take a few extra days. He stated that everything will be built ahead of time and installed on site with whatever crane or equipment is needed. Commissioner Huskins confirmed that if any of the landscaping is damaged as part of the installation that they will return it to its former state before they are done. He asked about the CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 3 of 7 frequency of maintenance and repair now that there is another vendor being served by the monopole and array. Mr. Bobrytzke stated that the maintenance and repair is handled by each individual carrier. He noted that typically once it is up and running, they do not require a lot of work, especially up on top. Commissioner Huskins asked how the City can hold them responsible if there is any damage done to things like landscaping when there are different carriers doing the work. Planning Director Darling stated that she has not noticed a lot of damage on the site and noted that in this particular location she thinks mostly it is a gravel surface and it is not too complicated to repair. She stated that the City’s Building Inspector will go out and do a final inspection on the ground and will note any unusual activity or disturbances. She stated that typically the tower owner will hold the carriers responsible for the damage that may occur on the site and explained that the City has not had to get involved. Commissioner Eggenberger noted that he feels the light described by Mr. Bobrytzke is a good idea and would not be a problem. Vice-Chair Riedel stated that he agreed and recommended that this be included in the recommendations to the City Council. Commissioner Huskins agreed and stated that he likes the idea of this light from a safety standpoint and noted that it would also alert people nearby that there is someone there working on the equipment. Vice-Chair Riedel opened the Public Hearing at 7:18 P.M. noting the procedures used in a Public Hearing. There being no comments, he closed the Public Hearing at 7:18 P.M. Eggenberger moved, Huskins seconded, recommending approval of the CUP for Collocation of Communication Antennas at 24283 Smithtown Road, subject to the conditions listed in the staff report with the addition of proposed LED work light with a timer. Motion passed 3/0. 5. OTHER BUSINESS A. Variance to Setback to OHWL on Silver Lake Applicant: Gardner Building and Remodeling Location: 19960 Sweetwater Curve Planning Director Darling stated that this request is from Gardner Building and Remodeling for a variance from the OHWL of Silver Lake. She stated that staff recommends approval of the request, subject to the two conditions as noted in the staff report. Vice-Chair Riedel stated that the OHWL of Silver Lake has been the subject of quite a few discussions by the residents. He noted that he had also spoken to the DNR about this issue and explained that the OHWL is set by permit with the DNR with a weir structure that controls the level. He stated that the permit and the weir structure is designed for 898.1 feet, but for a period of at least 20 years, the lake level was substantially higher than that by almost 2 feet. He stated that what he has learned is that the OHWL is not where the water is, but it is where it is permitted and where it should be. He stated that the explanation for why it was pretty consistently higher CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 4 of 7 than that was that the weir was pretty consistently clogged, possibly due to beaver activity. He stated that believes that part of the shoreline floated away during the high water levels which is why some of the setback numbers may be a bit off of what they should be. Commissioner Eggenberger asked where the existing patio was located that staff is recommending be removed. Planning Director Darling showed a photo of the patio and explained that it is a paved patio of some sort. Zach Gardner, Gardner Building and Remodeling, explained that his clients moved into the house about a year ago and assumed when they purchased it that everything attached to the home and on the property was legally conforming. He stated that they have learned through this process that it was not and he was asked to come in and update the home including repair to the deck. Vice-Chair Riedel asked for a description of the plans for a cantilevered section of the deck. Mr. Gardner gave an overview of their plans to run a footing and foundation straight out that would not be cantilevered out because they are planning to screen in the lower section. He stated that if they were to just put normal footings back in, due to the water table, they would heave and the deck would once again be a mess. He stated that the cantilevered section is just for the upper section to give the upper deck a bit more room to have a table and things like that. Commissioner Huskins asked about the patio portion and the request from staff to remove it. Mr. Gardner stated that as part of the application process for this variance, they discovered that the patio that has a fire pit and limestone stone work was non-conforming. He stated that they bought the home with the patio there and asked if the requirement to remove it could be dealt with separately because it is covered in snow. He asked if that might be something that could be addressed in the springtime and someone from the City could come out and help them figure out what is actually okay. He stated that ideally they would like to leave it there, but they understand that some of it is apparently non-conforming. Vice-Chair Riedel noted that most of the exceptions for things located in setbacks are for things like pathways, docks, and stairs. He noted that it would be unlikely that a patios such as this one would be allowed. Commissioner Eggenberger explained that if they had not applied for a variance, the patio could remain because they would not be changing anything. He stated that when people apply for a variance, then the City takes a look at everything. Mr. Gardner stated that it was his understanding the fire pit in the patio area was conforming and acceptable. Vice-Chair Riedel stated that he believed a built up fire pit would not be allowed within 150 feet of the OHWL. Planning Director Darling explained that the City had allowed some fire rings and stone circles but nothing that is built up. She noted that the way she wrote the proposed approvals for this project was that they could move forward with the application for the deck even though the patio will be there. She explained that the patio would need to be removed prior to the final inspection of the deck. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 5 of 7 Vice-Chair Riedel asked if there was anyone in the audience who wanted to speak on this issue. Shawn Breaux, 19960 Sweetwater Curve, stated that when they go to remove the fire pit, he believes it will require heavy machinery. He asked if there was a separate process that they would need to follow when it comes to things like erosion to ensure that the shoreline is okay. Vice-Chair Riedel stated that as part of the process they will need things like a silt fence. Planning Director Darling stated that typically what they would need to do is to use whatever equipment needed to remove it and then restore the ground cover or turf to repair the damage. Vice-Chair Riedel stated that the most important thing is that whatever contractor their hire to do the work makes sure that they properly install the silt fencing. Huskins moved, Eggenberger seconded, to recommend approval of the Variance to Setback from OHWL of Silver Lake at 19960 Sweetwater Curve, subject to the two conditions included in the staff report. Motion passed 3/0. B. Variance to Front and Side Setbacks Applicant: Todd Nelson Location: 20980 Ivy Lane Planning Director Darling explained the request for a variance to the front and side setbacks to build an addition to an existing, non-conforming home. Staff recommends approval of the variance requests but would also acknowledge that the variance criteria are open to interpretation and that there is potential impact to the streetscape in the area. She noted that the City had received two letters of support for this application from the adjacent two homes. Vice-Chair Riedel noted that Planning Director Darling had discussed other possible locations for the addition and stated that it sounded like she had been in favor of the version that had it on the rear or north side. Planning Director Darling explained that location would have less of an impact on the streetscape, but it would also not be without potential difficulties. Commissioner Huskins stated that he had recently driven through the area and the homes on the south side of Ivy are considerably further back from the road and it is just the north side of Ivy that has this issue. He stated that he was also interested in the prominence from the staff report of the option to build the addition in the back. He stated that it is a little disconcerting to be that close to the street, but appreciated the picture that shows that the garage is quite close to the street as well. Vice-Chair Riedel stated that he also felt the picture was quite compelling and shows how small this lot is. Todd Nelson, 20980 Ivy Lane, stated that he feels the pictures speak for themselves and show that they are in a predicament. He stated that he has had many discussions with Planning Director Darling about different options and possible locations. He stated that to address her suggestion to build onto the back, there are a number of issues with that option, including how it will impact the current floor plan of the house. He stated that it would involve major reconstruction of the interior of the home because the windows would be looking into the new addition. He noted that CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 6 of 7 it would also require work to be done with the HVAC system. He stated that with what they are proposing it is just adding a living room, moving the stairs and explained that it would be much more simple nor would be require any mechanical systems work. He stated that their plans maintain the current roofline of the house and noted that they will not be as close to the street as the garages that were mentioned. He stated that the developer that they have hired to do the work, if the City approves, lives in a home he just built across the street. Commissioner Eggenberger asked if Mr. Nelson parks on the street. Mr. Nelson stated that they have an asphalt parking area and pointed it out on a map. Commissioner Huskins asked if there was any anticipation that the actual building process may cause any issues for traffic on the road. Mr. Nelson stated that he did not think so because there is plenty of yard space and would still be room to park their cars. He stated that this is a not a very large structure, so there will also not be a lot of material that would need to be stored on site. Planning Director Darling explained that if approved, the City will require a construction management plan that would identify these types of details. Vice-Chair Riedel stated that the addition is about 400 square feet and asked if this project would cease to be worthwhile if they had to bring it in a few feet in order to be further from the road. Mr. Nelson stated that limit on the width is the stairwell which is where the 16 feet comes from because it is a 12 foot stairwell and a 2 foot bottom landing and a 2 foot top landing. He stated that he feels their plans are as minimal as they could make them considering the space. Vice-Chair Riedel stated that it appears as though every option may require a variance and noted that another option may be to build up, but that would mean tearing off the existing roof. Mr. Nelson stated that he had looked into that option and most of the contractors felt it would be better at that point to just tear down and rebuild because the foundation and supports were built in the 1950s and they were not sure they could support another level. Vice-Chair Riedel stated that he feels the 60 foot right-of-way makes a big difference in this situation because otherwise he would have a harder time recommending approval of an 8 foot setback and building that close to the roadway. Commissioner Eggenberger stated that he agreed and also took into consideration the difficulties of the lot itself. He stated that it truly appears that the applicant has taken a look at this project every possible way they could and this one seems to be the best solution. He stated that for him, it carries a lot of weight that the two neighbors on either side have given their support of the plans. Commissioner Huskins stated that given the nature of the neighborhood and the existing structures, he is also in support of this request. Vice-Chair Riedel noted that it is also in favor, but is also a bit on the fence because the counter argument would be that, as small as the existing house is, it actually may be the right size for that tiny little lot. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 7 of 7 Eggenberger moved, Huskins seconded, recommending approval of the variance request to the front and side setbacks for a home addition at 20980 Ivy Lane, subject to the condition included in the staff report. Motion passed 3/0. 6. REPORTS • Council Meeting Report Council Liaison Maddy gave an overview of recent activities related to Planning that were discussed by the City Council. Planning Director Darling stated that the City has received 4 additional applications for the vacant Commission openings in the City. She noted that she expects the interviews for those seats to take place on the February 13, 2023. Council Liaison Maddy stated that this would be Vice-Chair Riedel’s last meeting with the Planning Commission and expressed his appreciation to the years of service that he had given to the Planning Commission. • Draft Next Meeting Agenda Planning Director Darling stated there are quite a few items slated for the March 7, 2023, Planning Commission meeting and gave a brief review of applications she expected to be completed in time for the meeting. ADJOURNMENT Huskins moved, Eggenberger seconded, adjourning the Planning Commission Meeting of February 7, 2023, at 8:09 P.M. Motion passed 3/0. #6B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: CUP to Collocate Antennas on an Existing Monopole Location: 24283 Smithtown Road Applicant: SMJ International, LLC. on behalf of T Mobile Meeting Date: February 27, 2023 Prepared by: Marie Darling, Planning Director Review Deadline: April 16, 2023 Attachments: Planning Memorandum from the February 7, 2023 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At their February 7, 2023 meeting, the Planning Commission unanimously recommended approval of the conditional use permit, subject to the conditions in the attached resolution. Summary of Public Notice and Testimony: Notice was published in the city’s official newspaper and mailed to all property owners within 500 feet of the property at least 10 days prior to the Planning Commission public hearing on November 15, 2022. The applicant was present at the meeting and spoke in favor of the application. No one from the public submitted any comments or requested to speak. At their meeting, the Planning Commission found the proposed light on the ground equipment acceptable, subject to it being on a timer with an automatic shut-off. Staff added this as a condition as well as providing a fixture that meets the requirements of the lighting section of the zoning regulations. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request. Proposed motion: Move to adopt the attached resolution approving a conditional use permit Road for SMJ International, LLC. to allow T-Mobile antennas to be collocated on an existing tower at 24283 Smithtown Road, as recommended by the Planning Commission. Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicant would submit the information as required in the attached resolution with a building permit request. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2023 Cases\\24283 Smithtown Road - T-Mobile collocations\\CAF.docx ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? ==x>286<!i>286<!o>CMBOL!.!TJH<!b>22?? RESOLUTION 23-022 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ANTENNA COLLOCATION ON AN EXISTING MONOPOLE AND RELATED EQUIPMENT AT 24283 SMITHTOWN ROAD WHEREAS, SMJ International, LLC. (the “Applicant), on behalf of T-Mobile, has applied to add six telecommunication antennas and other equipment in a triangular array on the existing monopole and add related ground equipment on the property legally described as: Lot 27, Auditor’s Subdivision No. One Hundred Thirty-three (133), Hennepin County, Minnesota, described as beginning at the southeast corner of Block 1, Senn Addition; thence along the easterly extension of the southerly line of said Block 1 a distance of 85 feet; thence northerly parallel with the east line of said Block 1 to the northerly line of said Lot 27; thence westerly along said northerly line to the east line of said Block 1; thence southerly along said east line to the point of beginning. Subject to a lease agreement dated January 15, 1982 and filed for record December 21, 1982 as County Recorder Document No 4760996 in favor of Chicago Title Insurance Company, amended by lease amendment dated January 15, 1982 and filed for record November 8, 1983 as County Recorder Document No. 4843529; with assignment and assumption of the vendee’s interest in said lease in favor of Minneapolis SMSA Limited Partnership, a Delaware Limited Partnership, dated September 28, 1984 and filed for record April 16, 1985 as County Recorder Document No. 4985882; (the “Property”) and WHEREAS, the applicant proposes to collocate their equipment on and near the existing monopole tower; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on February 7, 2023, the minutes of the meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on February 27, 2023, at which time the Planning Director’s memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, the public and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in a C -1 General Commercial district, which allows antenna collocations subject to the approval of a conditional use permit. 2. The applicant’s proposal is identified on plans and materials submitted to the City on August 18, 2022 and January 13, 2023 (the “Plans”). 3. Conditional Use Permits are reviewed subject to section 1201.04 of City Code. CONCLUSIONS 1. The Applicant’s plans have satisfied the criteria of a conditional use permit to collocate antennas under the Shorewood City Code. 2. The Applicant’s plans are consistent with the policies and provisions of the Comprehensive Plan. 3. The Applicant’s plans indicate the collocation would be compatible with the present and future land uses in the areas and would not tend to depreciate the area. 4. The application would not overburden the city’s service capacity and existing public services and streets. 5. The establishment, maintenance and operation of this use would promote and enhance the general public welfare and would not be detrimental to or endanger the public health and safety. 6. The proposed use conforms to the applicable regulations of the district in which it is located and otherwise conforms to the applicable regulations of city code. 7. Based upon the foregoing, the City Council hereby grants to the Applicant a conditional use permit to collocate additional antennas, radio receiving units and related equipment on the tower and on a new equipment platform within the existing fenced area as shown on the Plans, subject to the following: a. The applicant may not proceed with improvements prior to issuance of required permits. b. Prior to issuance of permits, the applicant shall revise the plans consistent with city code and as follows: 1) Provide a third-party special inspector and either structural drawings stamped by an engineer or a structural report showing that the tower can support the additional antennas and equipment. 2) The antennas, structural reinforcements, and all equipment installed on the tower shall be painted or factory coated to match the existing monopole. 3) The fixture details for the lights proposed on the H-frame shall be provided and shall be full cut-off fixtures that are on a timer and automatically shut off. c. The applicant shall not install any of the antennas or related equipment on the tower during osprey nesting season or otherwise disturb the nest. d. The applicant shall provide 24-hour emergency contact information and the information shall be kept current and updated as necessary. 2 e. The applicant shall not install any lights on the tower (unless required by the FAA). f. All disturbance of the site shall be restored to preconstruction condition by the end of the growing season. 8. The City Clerk is hereby authorized and directed to record a certified copy of this resolution with Hennepin County. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 27th day of February, 2023. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk 3 #6C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Variance to OHWL setback for Silver Lake Location: 19960 Sweetwater Curve Applicant: Gardener Building and Remodeling Meeting Date: February 27, 2023 Prepared by: Marie Darling, Planning Director Review Deadline: May 12, 2023 Attachments: Planning Memorandum from the 2/7/2023 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At their February 7, 2023 meeting, the Planning Commission unanimously recommended approval of the variance to the setback from the ordinary high water level (OHWL) of Silver Lake to allow construction of a deck attached to the home, subject to the conditions in the attached resolution. 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 February 7, 2023. The applicant was present at the meeting and spoke in favor of the application. No one from the public requested to speak at the meeting or submitted a letter. 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 variance from the setback to the OHWL of Silver Lake, subject to the conditions in the attached resolution. Proposed motion: Move to adopt the attached resolution approving a variance to the setback from the OHWL of Silver Lake for Gardener Building and Remodeling for property located at 19960 Sweetwater Curve, 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 and remove the nonconforming patio prior to final inspection of the deck. 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\\19960 Sweetwater VAR\\CAF.docx RESOLUTION 23-023 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE TO THE OHWL SETBACK FOR SILVER LAKE FOR A PROPERTY LOCATED AT 19960 SWEETWATER CURVE WHEREAS, Gardner Building and Remodeling, (the “Applicant”) proposed to install a deck on the back of a home that would be 140.8 feet from the ordinary high water level (OHWL) of Silver Lake on property legally described as: th Lot 2, Block 1, Sweetwater at near Mountain 4 Addition, Hennepin County, Minnesota, according to the recorded plat thereof; (the “Subject Property”) and, WHEREAS, the Applicant has applied for a variance to allow the deck addition to be 140.8 feet from the OHWL where 150 feet is required; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the February 7, 2023 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on February 7, 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 February 27, 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 PUD zoning district, which requires all buildings to be set back 150 feet from the OHWL of Silver Lake. 2. The existing lot was created in 1991 and existing home was constructed in 1992. 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. 4. Section 1201.05 of the zoning regulations includes criteria for making the above determination. 5. The Applicant’s proposal is identified on the application materials and plans submitted on January 9 and 12, 2023 (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 dock at 140.8 feet from the OHWL of Silver Lake where 150 feet is required consistent with the Plans. B. The City Council finds the variance request for a deck and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of the zoning regulations. C. The City Council finds that the request specifically demonstrates practical difficulties based on the location of the original construction of the home on the property. The deck is a reasonable residential use, the issue that the original home construction is closer to the OHWL than currently allowed and that the deck would not alter the essential character of the neighborhood. D. The City Council finds that the improvements proposed are not solely based on economic considerations, but to enhance the livability of the home. E. The City Council finds that the deck would not impair an adequate supply of light and air to an adjacent property, increase the risk of fire or increase the impact on adjacent streets. F. The City Council finds that the deck would not be detrimental to the public welfare nor would it be injurious to other lands or improvements in the neighborhood. G. The variance is the minimum variance necessary to address or alleviate the practical difficulties caused by the original construction. H. 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 the final inspection of the deck, remove the detached patio located within the 150-foot setback to the OHWL of Silver Lake. I. 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. J. 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 27th day of February, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk #6D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Variances to front and side setbacks Location: 20980 Ivy Lane Applicant: Todd Nelson Meeting Date: February 27, 2023 Prepared by: Marie Darling, Planning Director Review Deadline: April 28, 2023 Attachments: Planning Memorandum from the 2/7/2023 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At their February 7, 2023 meeting, the Planning Commission unanimously recommended approval of the following variances:  An 8.5-foot front setback  A combined 17.7-foot, side-yard setback where 30 feet is required with the east side at 5.4 feet where a minimum of 10 feet is required 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 February 7, 2023. The applicant was present at the meeting and spoke in favor of the application. No one from the public requested to speak at the meeting, but two neighbors submitted letters supporting the request. 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 variances, subject to the conditions in the attached resolution. Proposed Motion: Move to adopt the attached resolution approving variances to the front and side setbacks for Todd Nelson for property located at 20980 Ivy Lane, 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 could 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\\2023 Cases\\20980 Ivy Lane Var\\CAF.docx Marie Darling From:Dan Neitge <dnbbdtech@gmail.com> Sent:Wednesday, February 1, 2023 3:20 PM To:Marie Darling Subject:Todd Nelson Proposed Home Addition Hi Marie, My name is Dan Neitge at 21000 Ivy Lane. Todd Nelson is my neighbor that has submitted home addition plans to the City of Shorewood. I looked at the plans and I approve what he would like to do. They are a very nice young family that need more room for their young family. Thank You Marie Sincerely, Dan Neitge 1 Marie Darling From:Gretchen Hagle <gretchenhagle@gmail.com> Sent:Monday, February 6, 2023 10:01 AM To:Marie Darling Cc:A Rob Cerreta Subject:20980 Ivy Lane - Support TO: Marie Darling, AICP Planning Director City of Shorewood Hello, Marie. Our neighbor, Todd Nelson at 20980 Ivy Lane asked if we might send you an email in support of their proposed addition and two variances for front and side yard setbacks. As one of their immediate neighbors, we are sending this note to let th you know we are fine with this request – and support it as outlined in the Why section of your Feb., 7 Planning Commission Meeting letter. Best wishes, Gretchen Hagle and Robert Cerreta 20960 Ivy Lane Excelsior, MN 55331 1 RESOLUTION 23-024 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING VARIANCES TO FRONT AND SIDE-YARD SETBACKS FOR A PROPERTY LOCATED AT 20980 IVY LANE WHEREAS, Todd Nelson, (the “Applicant”) proposed to construct an addition to the home that would be 8.25 feet to the front property line where 30 feet is required and a combined setback of 17.7 feet, where 30 feet is required with the east side at 5.4 feet where a minimum of 10 feet is required; and, WHEREAS, the property is legally described as: All of lot 10 except that part described as follows: Commencing at the southeasterly corner of said Lot 10, thence westerly along the southerly line of said lot 10 a distance of 14 feet, thence northerly parallel to the easterly line of said Lot 10 a distance of 80 feet, thence easterly parallel to the southerly line of said Lot 10 a distance of 14 feet, thence southerly along the easterly line of said Lot 10 to the point of beginning, in Block 7, Minnetonka Manor, Hennepin County, Minnesota; (the “Subject Property”) and, WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the February 7, 2023 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on February 7, 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 February 27, 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-1D zoning district, which requires all buildings to be set back 30 feet from the front property line and 10 feet from the side property line. 2. The subject property is located in the Lake William shoreland overlay district which requires all homes to have a combined side-yard setback variance of 30 feet, with no one side less than 10 feet from the property line. 3. The existing lot was created in 1920 and was further subdivided prior to modern record keeping. 4. 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 includes criteria for making the above determination. 6. The Applicant’s proposal is identified on the application materials and plans submitted on December 29 and 30, 2022 and January 30, 2023 (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 addition to their home at 8.25 feet from the front property line with a combined side-yard setback of 17.7 feet where 30 feet is required and the east side of the addition would be 5.4 feet from the side property line where 10 feet is required, as shown on the Plans. B. The City Council finds the variance request for an addition and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of the zoning regulations. C. The City Council finds that the request specifically demonstrates practical difficulties based on the existing size and shape of the lot. The addition is a reasonable residential use, the difficulties were not created by the homeowner but created by the lots narrower and smaller size and that the addition would not alter the essential character of the neighborhood. D. The City Council finds that the improvements proposed are not solely based on economic considerations, but to enhance the livability of the home. E. The City Council finds that the deck would not impair an adequate supply of light and air to an adjacent property, increase the risk of fire or increase the impact on adjacent streets. F. The City Council finds that the deck would not be detrimental to the public welfare nor would it be injurious to other lands or improvements in the neighborhood. G. The variance is the minimum variance necessary to address or alleviate the practical difficulties caused by the original construction. H. Prior to beginning any construction on the Property, the applicant shall acquire all necessary permits and submit a construction management plan including storage of construction materials, parking of contractors and subcontractors, trash management, erosion control, etc. I. 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. J. 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 27th day of February, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title/Subject: NEOGOV Recruiting and Applicant Tracking Software 8A Meeting Date: Monday, February 27, 2023 Prepared by: Sandie Thone, City Clerk/HR Director MEETING Reviewed by: Marc Nevinski, City Administrator TYPE Attachments: NEOGOV Insight Executive Summary Regular Insight Software Quote (2-Year) Meeting Resolution Background: During the past year, city staff have updated employment applications, job descriptions, job advertisements, applicant rating forms including Veteran’s preference, specific to each open position. Staff have recruited, advertised, rated, screened, ranked, interviewed, notified applicants, conducted reference checks, conducted background investigations, and, negotiated job offers for 13 open positions. We have since onboarded or are in the process of onboarding each of these employees as well. Although, we have been fortunate to have successfully hired a significant number of well-qualified and exceptional staff to our organization, our system is manual and lacks automation and efficiencies. We historically only advertise open positions on our website and the League of MN Cities job board/website. In assessing hiring process feedback many applicants have complained about having to fill out applications and email them in to apply for a job. The current process reflects on the organization and may not portray us in the best light for potential candidates. Furthermore, it may deter applicants for applying for open positions due to the laborious process. NEOGOV will upload all of Shorewood’s job descriptions, streamlining the process and all jobs on our website will be automatically linked to govjobs.com. In January, city staff began the process of researching and reviewing what other cities were doing regarding recruiting for and onboarding employees. On January 26, 2023, staff received a demonstration and met with the most popular HRIS software vendor being used by the public sector called NeoGov. We specifically requested to learn more about the recruiting module “Insight.” Insight is an applicant tracking software complete with compliance reporting. Insight automates the hiring process, reducing the hiring process time. It is integrated with NEOGOV’s online job board GovernmentJobs.com which will allow the city to reach job applicants nationwide. It comes with a City of Shorewood Career Page that allows candidates to find our job openings and submit online applications. The system includes easy-to-use job application templates and an applicant self-service portal. The applications avoid incomplete applications with required fields. With Insight, we can manage all applicants and recruitment data, list open positions on our website that will link directly to the Government Jobs website, accept online applications, while ensuring ADA/Section 508 compliance with built-in, auditable, and a legally defensible hiring process, including applicant reporting, applicant flow, EEO, adverse impact, and passpoint analysis. Insight pre-screens applicants, something we currently do manually, using auto scoring and highlights the best candidates by weighted scores and rankings to generate a ranked eligible list. Insight provides more than 90 report options that help in making the best hiring decisions and streamline the recruiting and hiring process. 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 The candidate self-service portal streamlines the communication process for the applicant and the city. Applicants can check the status of their application, access job-specific supplemental questions, self-schedule backgrounds, exams, performance tests, or schedule their interview. All emails sent by the city are conveniently together in one job seeker in-box. The information entered into NEOGOV when they applied is saved for future applications, so only a quick review and an occasional update is needed when applying for a new position. 86% of job seekers would use their smartphone to apply for a job (Source: Staff.com). Please see the NEOGOV Insight Executive Summary (attached) for additional information. Once a job offer is made, NEOGOV provides the template and automates the process to notify the selected candidate, and all other applicants or candidates that were not selected. This presents as a significant efficiency in the current process. Currently all candidates are notified manually. In a survey of local cities, staff worked with league of MN Cities staff to provide alternatives to NEOGOV, to obtain a comparison, but were unable to find a public sector entity who was currently utilizing a competitor’s software. Local cities of similar size that currently are using NEOGOV are St. Paul Park with 21 full-time employees and Otsego with 32 full-time employees compared to our 25 full-time employees and numerous part-time positions. We were however able to receive an additional $900 off the initial set up fee, from the original $2,700 to $1,800 which reduced the quote (attached) to $2,357.50 (which represents a 50% off promotion) for the first-year subscription, and $4,715.00 for the second-year subscription, and the $1,800 one-time set-up fee for a total of $8,872.50 for the 2-year period (attached). Financial or Budget Considerations: Funds are available for the purchase of this software subscription within the 2023 General Fund budget. Action Requested: Staff respectfully recommends the city council discuss and consider the NEOGOV “Insight” proposal, and if approved, confirm by passing the resolution. 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. RESOLUTION NO. 23-025 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION ACCEPTING QUOTE AND AUTHORIZING EXECUTION OF NEOGOV INSIGHT SUBCRIPTION AGREEMENT WHEREAS, the City of Shorewood (“City”) requested and researched professional vendors who offered online human resources software for recruiting and applicant tracking; and WHEREAS, the City Council reviewed the quote from NEOGOV for Insight, an online applicant and tracking recruiting software used by the majority of the metro area cities, including cities the size of Shorewood. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood, Minnesota, approve a 2-Year Subscription Agreement with NEOGOV for their online recruiting module “Insight”: 1. 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 27th day of February, 2023. ___________________________ Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A.1 Title/Subject: Tree Sale 2023 Meeting Date: Monday, February 27, 2023 MEETING Prepared by: Eric Wilson, Communications Coordinator TYPE Regular Reviewed by: Sandie Thone, City Clerk/HR Director Meeting Attachments: n/a Background: For several years, the City of Shorewood has participated and hosted an annual tree sale. This year the event is scheduled for September 2023. As in the past, the City of Shorewood will order the trees, offer them for sale, and be responsible for the purchase of any unsold trees that were ordered. Unsold trees purchased by the city will be planted in public spaces. The City of Shorewood will offer 10-20 varieties of trees and shrubs. These include some fruit trees, species native to Minnesota, and others recommended for Shorewood per the city’s Tree Preservation Policy adopted in 2004. Action Requested: Staff respectfully recommends the city council authorize the expenditure of funds up to $9,600 for trees to be pre-paid by the city and reimbursed by residents as trees are purchased. Timeline: Upon City Council approval, tree sales will begin Saturday, April 1, 2023 12:00 a.m. The order form will be made available online on the City of Shorewood website. A printed order form will be shared in the late March/April 2023 newsletter, and available for print online or pickup at City Hall. The tree sale will be advertised on the city website and through social media until all trees are sold. 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. This program helps protect, preserve and enhance the environment of the community. 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