04-27-15 CC Reg Mtg AgendaCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 27, 2015
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
B. Review Agenda
2. APPROVAL OF MINUTES
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Zerby
Labadie
Siakel
Sundberg
Woodruff
Attachments
A. City Council Special Meeting Minutes of April 13, 2015 Minutes
B. City Council Regular Meeting Minutes of April 13, 2015 Minutes
3. CONSENT AGENDA — Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. Approval of the Verified Claims List Claims List
B. Authorization to Hire Seasonal Public Works Employee Director of Public
Works' memo
4. MATTERS FROM THE FLOOR
(No Council Action will be taken)
5. PUBLIC HEARING
6. REPORTS AND PRESENTATIONS
A. Lake Minnetonka Conservation District report by representative Deborah Zorn
B. Report by Josh Leddy of the Lake Minnetonka Association and Funding Report
Jack Kimball, Resident, on the 2015 Milfoil Project and Funding & Location Map
7. PARKS
A. Report by Park Commissioner Lynda Gooch Hartmann on the April 14, 2015 Minutes
Park Commission meeting
8. PLANNING Minutes
A. Conditional Use Permit for Sewer Lift Station Planning Director's
Applicant: Metropolitan Council Environmental Services memo
Location: 21445 State Highway 7
CITY COUNCIL REGULAR MEETING AGENDA — April 27, 2015
Page 2
B. Conditional Use Permit for Two Houses Temporarily On One Lot Planning Director's
Applicant: Todd Cebulla memo
Location: 5530 Vine Hill Road
9. ENGINEERING /PUBLIC WORKS
A. Accept Plans and Authorize Advertisement for Bids for the Engineer's memo,
2015 Mill & Overlay Project Resolution
10. GENERAL /NEW BUSINESS
A. Cooperative Maintenance Agreement with the Department Director of Public Works'
of Natural Resources (DNR) for the Christmas Lake Access memo, Resolution
B. Authorize the City Administrator to Execute the Christmas Lake Planning Director's
Access Inspection Agreement with the Christmas Lake Homeowners memo
Association
C. Accept Proposal and Authorize the City Administrator to Enter into Planning Director's
an Agreement for Construction of Parking Lot at Gideon Glen memo
D. Accept Proposal and Authorize the City Administrator to Enter into Planning Director's
an Agreement for City Hall Landscape Maintenance memo
E. Adopt a Tree Replacement Policy for City Trail/Sidewalk Projects Planning Director's
Memo, Resolution
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Trails Schedule Trail Schedule
2. Budget Report Finance Director's memo
3. Christmas Lake Access Opening
B. Mayor and City Council
12. ADJOURN
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityhall @ci.shorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, April 27, 2015
7:00 p.m.
Agenda Items 92A: Approval of Minutes from the April 13, 2015, Special Council meeting.
Agenda Item 9213: Approval of Minutes from the April 13, 2015, Regular Council meeting.
Agenda Item 93A: Approval of the verified claims list.
Agenda Item 9313: Authorizes the hiring of one temporary seasonal worker for Public Works.
Agenda Item 94: Matters from the floor — no council action will be taken.
Agenda Item 45: There are no public hearings scheduled this evening.
Agenda Item 46A: Report by representative Deborah Zorn on Lake Minnetonka Conservation
District activities.
Agenda Item 4613: Josh Leddy, Bay Project Manager and Board of Directors member for the
Lake Minnetonka Association, and Jack Kimball, Shorewood resident, will be present to
provide an update on the 2015 Milfoil Project and annual funding request.
Agenda Item 47A: Park Commissioner Lynda Gooch Hartmann will provide a report on the
April 14 Park Commission meeting.
Agenda Item 48A: Metropolitan Council Environmental Services proposes to replace its
existing lift station in the southwest quadrant of the Christmas Lake Road /Highway 7
intersection. This involves purchasing the property from the City and the City issuing a
conditional use permit. The Planning Commission voted unanimously to approve the
CUP. The Council should direct staff to schedule a public hearing for the sale of the
property and a resolution approving the CUP.
Agenda Item 4813: The Planning Commission has recommended approval of a conditional use
permit, allowing Todd Cebulla to keep his existing home while building a new home on
the same parcel at 5530 Vine Hill Road.
Executive Summary — City Council Meeting of April 27, 2015
Page 2
Agenda Item 49A: This item requests Council approve plans and specifications and authorize
advertisement for bids for the 2015 Mill and Overlay Project, City Project 15 -02. Staff
recommends approval of a Resolution approving plans and authorizing advertisement for
bids.
Agenda Item #10A: Staff recommends approval of a proposed agreement with the DNR
regarding ongoing maintenance of the Christmas Lake Boat Access.
Agenda Item 41OB: As we did last year, this agreement delegates authority to the Christmas
Lake Homeowners Association for AIS inspection services.
Agenda Item #1 OC: Staff recommends approval of a contract with Mangold Horticulture for
the construction of the parking lot at Gideon Glen.
Agenda Item #1 OD: Staff recommends approval of a contract with Mangold Horticulture for
City Hall landscape maintenance at City Hall.
Agenda Item 410E: At its last meeting, the City Council directed staff to prepare a resolution
adopting a tree replacement policy for trail projects. A draft resolution is included for
your consideration.
Agenda Item #11 A: Staff reports are provided in the packet and will be given at the meeting.
CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY, APRIL 13, 2015
MINUTES
1. CONVENE SPECIAL CITY COUNCIL MEETING
Mayor Zerby called the meeting to order at 6:30 P.M.
A. Roll Call
Present: Mayor Zerby; Councilmembers Labadie, Siakel,
Absent: Councilmember Sundberg
B. Review Agenda
Woodruff moved, Siakel seconded, approving the agenda as p
2. INTERVIEW CANDIDATE FOR THE SHOREWO
The following candidate was interviewed for the consideration
Commission.
#2A
5755 COUNTRY CLUB ROAD
LARGE CONFERENCE ROOM
6:30 P.M.
Motion passed 4/0.
K COMMISSION
ntment to the Shorewood Park
A. 6:30 P.M. ' Stephany Vassar, 27320 Blue Ridge lane
3. ADJOURN
Woodruff moved, Labadie seconded, Adjourning the City Council Special Meeting of April 13, 2015, at
6:47 P.M. ;Motion Passed 410.
Christine
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 13, 2015
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Labadie, Siakel;
Administrator Joynes; City Clerk Panchyshyn;
Director Nielsen; Director of Public Works t3rowr
Absent: Councilmember Sundberg
B. Review Agenda
Labadie moved, Siakel seconded, approving the agenda as pre,,
2. APPROVAL OF MINUTES
#2B
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Woodruff, Attorney Keane; City
ince Director DeJong; Planning
City Engineer Hornby
Motion passed 4/0.
A. City Council Regular Meeting Minutes, March 23; 2015
Woodruff moved, Labadie seconded, Approving the City Council Regular Meeting Minutes of
March 23, 2015, as presented. Motion passed 4/0.
3. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda.
A. Approval of the Verified Claims List
B. Accept Proposal for Safe Assure Safety Training
C. Accepting a Donation from Roger and Donna Leak for Shorewood Parks
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
6. REPORTS AND PRESENTATIONS
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 13, 2015
Page 2 of 8
A. Report by Joe Shneider on Consideration of a Request to the Department of Natural
Resources for Christmas Lake Aquatic Invasive Species Inspection and
Decontamination
Mayor Zerby introduced Joe Shneider, the president of the Christmas Lake Homeowner's Association
(CLHA).
Joe Shneider, 1035 Holly Lane, Chanhassen, stated he is present this
aquatic invasive species (AIS) activities at Christmas Lake and to ask
aggressive set of AIS prevention efforts for Christmas Lake.
This is what Mr. Shneider highlighted.
• Juvenile zebra mussels were discovered in Christmas
warranted the City, in cooperation with the Minnesota Deb
closing the boat ramp and installing a barrier around where
• The infestation was treated with Zequanox during Septemb
and November 2014, and potash during December 2014.
and the distribution was not as good as people would b
treatment zone ranged from four feet to
are any mussels in the treatment zone or
• This is a "ground zero" pilot effort for 2
paying attention to what is going on at C
• It may take two years before people will
• The CLHA asked for and received Coun
• During 2012 the
District (MCWI
Ordinance 485 r
watercraft inspe(
• AIS insnections
• The CLHA
needed basis by
use of the unit.
trailers used for
Lake after the ,rz
zero feet.
.y entered into a coop(
to provide AIS insp
area.
evening to provide an update on
;ouneil for its support for a more
in mid-; August 2014 and that
ent of Natural Resources (DNR),
were found to contain them.
er 2014, copper sulfate during October
'he potash was applied through the ice
ave liked. The depth of water in the
(forts are underway to find out if there
nited States. Everyone is
port for an AIS prevention project in 2011.
agreement with the Minnehaha Creek Watershed
at Christmas Lake. The City also approved
Z had a fine associated if person did not get their
were conducted by DNR certified Level 1 AIS inspectors at the Christmas Lake
g 2012, 2413,, 2014 and on into 2015. That certification gave them the right to
-aft and trailer and to deny access to the Lake if AIS were found.
;haled a decontamination unit mid - summer of 2012. It was operated on an as
Minnesota Inboard. The decontamination has been voluntary. There was minimal
In the fall of 2014 it was used to decontaminate commonly used third -party
removing homeowners' boats and to remove a few pieces of equipment off of the
mn had been closed.
• The decontamination unit has a 400 -gallon tank and it has a hot water system on it that can supply
water heated to 1444 on a continuous flow basis. It also has a high pressure sprayer that can
remove any attached zebra mussels. There is a containment mat associated with it so that all of
the water can be captured and then recycled back into the equipment through a number of filters.
• There are various levels of AIS prevention aggressiveness for trailered watercraft — do nothing,
education, inspection, thermal decontamination (on- trailer and off - trailer), and restrict entry
(transient watercraft and all watercraft). The DNR focuses on education, AIS inspections at
launch ramps, and thermal decontamination of boats on trailers. The DNR uses thermal
decontamination in very few instances.
• Thermal decontamination is the most effective tool there is. Yet it is rarely used because it is
complicated and it takes time. Decontamination does not guarantee every bit of AIS is removed.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 13, 2015
Page 3 of 8
• The pilot program at the Christmas Lake boat landing is still in the experiment stage. The DNR
concurs.
• The CLHA would like to pilot a new approach to finish the experiment during 2015 and 2016. As
part of that every boat would be considered high risk with AIS when coming into Christmas
Lake. The best that can be done will be done using the best techniques that can be used
commercially that are approved by the DNR. The best technique is decontaminating and every
boat entering Lake will be decontaminated. The most comfort people can have as that AIS are not
being brought into the Lake. If in two years there are no zebra mussels then people know the
treatment was successful. If zebra mussels are found within the two -year period it might be
because treatment did not work or it might be because AIS was missed; during decontamination.
The risk of decontamination being a failure is significantly less than the risk of an inspection
being a failure.
• Boaters returning to Christmas Lake can bypass decontamination if the boat has an intact
breakaway seal previously installed by a Christmas Lake AIS inspector.
Mr. Shneider thanked Council for the opportunity to present'the CLHA's proposal. He stated the CLHA
membership thinks it is a legitimate way to take the time and money that has been invested by the City,
the DNR, the MCWD and the CLHA and maximize this learning experience. And, to do that in a way that
is the least disruptive to the boating traffic.
Mayor Zerby noted that Mr. Shneider, Administrator Joynes, Director Nielsen and he have been meeting
for the last few weeks trying to determine what can be done. He thanked them for their efforts in trying to
find a solution. He stated that last year the homeowners and the MC" were promised that a different
approach was going to be taken in 2015 for AIS prevention and to improve the results. He noted he
supports the pilot effort proposed and that it is a great pilot program for the DNR. He explained there has
been discussion about how to install a security camera at the launch site. He thanked Mr. Shneider for his
efforts.
Councilmember Siakel stated this is a great example of people in the community coming together and
working effectively with Council and staff. The City has been quite supportive over the last three years.
She noted that she supports doing what has been proposed to try and prevent any more zebra mussels
from aettina into Christmas Lake.
Councilmember Woodruff stated the proposed "100 percent decontamination of incoming boats is different
from what the has heard in discussions with DNR representatives. The DNR has done decontamination
when a boat,has failed an AIS inspection. He noted that he supports what is being proposed for Christmas
Lake and clarified and cautioned people not to think it can be done at all lakes at all launch ramps. He
stated that on average „Christmas' Lake has a low volume of boats entering the Lake daily. Mr. Schneider
noted on average nine boats a day.
In response to a question from Councilmember Woodruff, Mr. Shneider explained he has spent a
significant of time with Adam Dahl with the DNR discussing how to dispose the water collected in the
containment mat. All decontamination water is collected in the containment mat and recycled back into
the decontamination unit after flowing through a number of progressively stronger filters which captures
any material. The DNR takes its water to a field and dumps it there. A protocol has to be implemented.
Woodruff asked who is going to do that. Mr. Shneider explained there has been discussion about the City
being involved. The inspectors he and others have been working with will be trained to do the
decontamination. Who will be responsible for filling up the tank with clean water and disposing the old
water has yet to be finalized. Those activities require a truck.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 13, 2015
Page 4 of 8
Woodruff asked who supplies the tags /breakaway seals. Mr. Shneider noted that they are very cheap and
noted that the MCWD has done a pilot project with tags.
Councilmember Labadie asked if what is being proposed will cost the City anything financially. Mr.
Shneider stated if the City is responsible for supplying fresh water and disposing of the old water there
will be some staff time.
Councilmember Woodruff stated he envisions that to be a daily activity. Mr. Shneider clarified that last
fall when trailers were decontaminated less than one half of the water in the tank was used.
Councilmember Siakel stated staff and the CLHA can work out the oDerationat details.
Councilmember Labadie stated from her vantage point the CLHA is a great group of people and that she
was proud to have this experiment being done in the City. Maybe the experiment can get the spread of
AIS into Christmas Lake under control and then it can be used at other lakes. She thanked the CLHA for
its unified effort and coming before Council this evening.
Councilmember Woodruff stated there are some boat owners who thought the decontamination of their
boat would clean the bottom of their boat. That does not happen.
Peter Lehman, 21265 Radisson Road, stated he co -owns the, property that shares the northern most
property boundary with the City's public access at Christmas Lake and has done so for 30 years. He noted
that he has concerns about the proposed resolution that if adopted would support a two -year pilot project
involving thermal decontamination of all watercraft conning into ChristmasLake.
Mr. Lehman's critical concerns are as follows.
1. Size and placement of the equipment on the 'existing site - The public access was designed to
accommodate exactly seven stalls for cars and trailers. It is unclear where the new facility will be
installed and its effect on congestion in and around the access. His property is right next to the
access. Presumably, backups; during high use would overflow onto Merry Lane. That could
potentially cause problems for 'residents living further down Merry Lane.
2. Type of thermal decontamination equipment to be used — He does not know if the equipment will
have an electric or internal combustion engine. The noise produced by the power washers can be
quite loud especially if it is an internal combustion engine.
3: Water source and runoff —The public access is designed so the runoff from the watercraft and
trailers flows back into the Lake. If the decontamination is on site, he expressed concern that if
the containment mat barrier is breached or if it is compromised by a heavy rainfall the
microscopic ,organisms would flow back into the Lake. Director Nielsen clarified that the
backside drainsinto a ditch/pond and flows into a culvert.
4. Hours of operation — He believes the access is open from 6:00 A.M. to 10:00 P.M. His deck is in
close proximity to the access. He asked if the equipment will be running during the early hours or
late hours when the access is open. He also asked if there is a way to restrict the hours of
operation of the equipment to certain times of the day.
Mayor Zerby thanked Mr. Lehman's for bringing his concerns forward. He stated staff will continue to
work with him and Mr. Shneider to try and address the concerns. He noted the City does have a noise
ordinance in place and the operation of the equipment will have to be in compliance with that.
Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 15 -025, "A Resolution of the City
Council of the City of Shorewood for a Pilot Project of 100 Percent Inbound Thermal
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 13, 2015
Page 5 of 8
Decontamination at Christmas Lake" and directing staff to review Peter Lehman's four concerns
and provide Council with a written response at an upcoming meeting. Motion passed 4/0.
Mayor Zerby thanked all of the members of the CLHA for coming and noted that Council appreciated it.
7. PARKS
8. PLANNING
A. Proposed Tree Replacement Policy for Trails /Sid
Director Nielsen explained that during the Smithtown Road West Sidewalk Project there was some
discussion about a tree replacement program. Tree replacement did not end up becoming a big issue.
During the neighborhood meetings for the Smithtown Road East Sidewalk 'Extension Project residents
expressed concerns about trees being lost and their desire to have trees planted. Staff has written a draft
Tree Replacement Policy for Trail/Sidewalk Projects.
He clarified the Policy is not intended to try and replace what is there because some of the trees are quite
large. The trees would be smaller trees and the intent is to punt trees�so that overtime there would be tree -
lined appearance alongside of the street where the trees were removed. He also clarified the Policy is for
parcels where the City has right -of -way (ROW). It does not address parcels where the City acquires
easements or ROW because those property owners get compensated quite well for the loss of a tree.
He explained staff is proposing that if a property
them with two trees and they can select the type
does not want to plant the tree the City will have c
City will be about $500 per parcel: The trees have
proximity to where they were removed from. For
that will cost about 52:004., He related that one resin
Nielsen stated if Council is ai
consideration during its A-oril 2
wants to plant the'tree(s) the City will provide
he list the City provides. If the property owner
planted ,for them. At the outside the cost to the
planted outside of the ROW or easement but in
iithtown East Project there are four parcels and
ated that would be a show of good will.
draft a resolution for the policy for Council's
it easier for future trail/sidewalk projects.
Mayor Zer'by stated it will be helpful to put in writing what the City has done in practice. He asked if
property owners would be able'to replace hedge /bush rows instead. Director Nielsen stated the way it is
written they would not; the Policy only addresses significant trees. Nielsen explained there is language in
the City's Tree Preservation Policy that talks about significant trees and significant clusters and that
language could be added to this proposed Policy.
Councilmember Woodruff stated the City does not replace trees if they are in the City's ROW if they
have to be removed and the City does not plant trees in the public ROW. He then stated the proposed
Policy does not say that it is the property owner's responsibility to maintain the trees the City provides.
He suggested that be added. He went on to state he does not think hedge row replacement should be
added to the Policy; that should be considered by Council on a case by case basis. He commented he
thought the Policy could apply to areas throughout the City. Director Nielsen stated that potentially the
Policy could extend to construction projects as well.
Councilmember Siakel stated she likes the idea of including shrubbery replacement in the Policy as well
as the responsibility for tree maintenance.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 13, 2015
Page 6 of 8
Siakel moved, Labadie seconded, directing staff to incorporate the policy, including the addition of
maintenance responsibility and shrubbery, into a resolution for consideration at a future Council
meeting. Motion passed 4/0.
9. ENGINEERING /PUBLIC WORKS
A. Approve Plans, Specifications and Estimate and Authorize Advertisement for Bids
for the West Water Tower Rehabilitation Project
Director Brown noted the West Water Tower is located on the Minnewashta Elementary School property
located at 26350 Smithtown Road. The rehabilitation of that water tower is slated in the 2015 Water
Capital Improvement Program (CIP) for an estimated cost of $450,000.
He explained water tower rehabilitation projects are usually
and a water tower can be taken off line. KLM Engineering
specializes in elevated storage tanks. Staff has spoken wi
sandblasting component of the project; the plan is to have th,
The School is on board with the project. A contamination cui
Brown stated that staff is recommending Council adopt the re
and estimates for the project and authorizing the advertisement
date is October 12 and the bids date is May 12, 2015.
Mayor Zerby asked if there is anything in the plan,
estimate of $450,000. Director Brown responded,no
report upfront and cost everything out.
Councilmember Woodruff stated the KLM inspection
rectified. He thinks they'are due to antennae install
date procedures relating to the placement of antenna
Director Brown explained there have been many disci
and stated that the'Cit� wanted its inspections ti ,Rhten
>ne in the fall when water demand is lower
as prepared the construction documents; it
School District representatives about the
completed before school is,back in session.
in will be placed over the Tower.
approving the plans, specifications
. He noted the tentative completion
cifications that make staff rethink the CIP
xined KLM did a very thorough inspection
eport stated there a couple of things that must be
ins on the Tower. He asked if the City has up to
i a tower to avoid similar situations in the future.
ions about that and staff had a meeting with KLM
up to address those types of issues.
Councilmember Labadie asked if there is a drop dead date by which the project has to be either completed
or stopped.,' Director Brown explained that for the East Water Tower rehabilitation the temperatures fell
far below the norm toward the end of that project and the paint would not cure without heating the inside
of the Tower. That was an additional cost. The West Water Tower project is being started earlier than
normal with the goal that it will approach completion well within the operable temperature.
Woodruff moved, Siakel.seconded, Adopting RESOLUTION NO 15 -026, "A Resolution Approving
Plans, Specifications and' Estimates and Authorizing Advertisement for Bids for the West Water
Tower Reconditioning Project, City Project 15 -01." Motion passed 4/0.
10. GENERAL /NEW BUSINESS
A. Park Commission Appointments
Mayor Zerby stated that prior to this meeting Council interviewed Stephany Vassar for a position on the
Park Commission. He thought she would serve the City well as a Commissioner.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 13, 2015
Page 7 of 8
Zerby moved, Woodruff seconded, Adopting RESOLUTION NO 15 -027, "A Resolution Making the
Appointment of Stephany Vassar (April 13, 2015 - February 29, 2016) to the City of Shorewood
Park Commission." Motion passed 4/0.
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Trail Schedule
Mayor Zerby noted the meeting packet contains a copy of the Trail S
Engineer Hornby explained that for the Smithtown Road east trail
draft appraisals and he anticipates the offers will be brought forwZ
on schedule. He then explained that staff is working with Stantee
for the slope stabilization component of the Excelsior Boulevard `
an amended Cooperative Construction Agreement from- the Mi
(MnDOT) that removed the retaining wall and included the slope
Mayor Zerby stated the Trail Schedule indicates the plans and
April 10. Engineer Hornby stated they are 90 — 95 percent compl
He noted that doing so will not impact the schedule with regard
opened until the land is available. The plans z
it was prepared as a Minnesota State Aid proj
will be
appraiser has finished the
oon. Things are on track to get bids
sulting Services on the final design
walk Project. The City has received
;ota Department of .Transportation
lzation.
fications were to be completed by
nd he will push that out one month.
Gnd acquisition. The bids cannot be
sent to MnDOT for review because
Engineer Hornby explained that in conjunction with the Star Lane and Star Circle road reconstruction
project an infiltration basin will be added that will take care of about 90 percent of the Minnehaha Creek
Watershed District's requirements of meeting the water quality standard. Some ditches will be added
along the south side of Smithtown Road east on each side of the wetland on the Minnetonka Country
Club property.
Other
Director D'eJong stated is still involved with 2014 financial audit activities.
Mayor Zerby,stated that he applied for auto pay for utility payments and he found the process to be very
easy.
Administrator Joynes, stated there will be an Excelsior Fire District (EFD) Board budget work session on
April 15. The EFD Operating Committee reviewed the preliminary numbers last week. The draft 2016
EFD budget reflects less than a 3 percent increase and the piece for Shorewood will be under 1 percent.
He then stated the South Lake Minnetonka ( SLMPD) Coordinating Committee received its first report
from SLMPD Interim Chief Siitari. SLMPD staff is in the process of finishing up its internal audit of the
Department and working on recommendations on structure and staffing level. That should be available by
the end of April. The executive search for a full time chief and the budget process can then be started.
B. Mayor and City Council
Mayor Zerby stated the Coordinating Committee approved hiring another patrol officer. Deputy Chief
Pierson is retiring. He then stated that the Committee also approved doing proactive code enforcement in
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 13, 2015
Page 8 of 8
the City of Excelsior noting he was opposed to that because he views that as double dipping on the part of
Excelsior. They want patrol officers to drive around all of Excelsior looking for zoning violations with
boat trailers parked in yards. That will be done one time. The Excelsior Council still has to approve doing
that.
12. ADJOURN
Woodruff moved, Labadie seconded, Adjourning the City Council Regular Meeting of April 13,
2015, at 7:53 P.M. Motion passed 4/0.
RES
Chr
AT]
Jear
#3A
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Verified Claims
Meeting Date: April 27, 2015
Prepared by: Michelle Nguyen, Senior Accountant
Bruce DeJong, Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
61435 -61436 & ACH 41,442.15
Pending 61437 -61478 & ACH 196,625.01
Total Claims $238,067.16
We have also included a payroll summary for the payroll period ending April 19, 2015.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents and funds are
budgeted and available for these purposes.
Options:
The City Council is may accept the staff recommendation to pay these claims or may reject any
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
Payroll
G/L Distribution Report
User: mnguyen
Batch: 00002.04.2015 - PAYROLL - 04202015
CITY OF SHOREWOOD
Account Number
Debit Amount
CreditAmount Description
FUND 101
General Fund
101 -00 -1010 -0000
0.00
46,24620
CASH AND INVESTMENTS
101 -11- 4103 -0000
1,716.64
0.00
PART -TIME
101 -11- 4122 -0000
131.31
0.00
FICA CONTRIB - CITY SHARE
101 -13 -4101 -0000
6,487.12
0.00
FULL-TIME REGULAR
101 -13- 4103 -0000
319.00
0.00
PART -TIME
101 -13- 4121 -0000
486.48
0.00
PERA CONTRIB - CITY SHARE
101 -13- 4122 -0000
503.56
0.00
FICA CONTRIB - CITY SHARE
101 -13 -4131 -0000
1,161.97
0.00
EMPLOYEE INSURANCE - CITY
101 -13 -4151 -0000
23.42
0.00
WORKERS COMPENSATION
101 -15 -4101 -0000
4,308.68
0.00
FULL -TIME REGULAR
101 -15- 4121 -0000
323.16
0.00
PERA CONTRIB - CITY SHARE
101 -15- 4122 -0000
312.18
0.00
FICA CONTRIB - CITY SHARE
101 -15- 4131 -0000
471.10
0.00
EMPLOYEE INSURANCE - CITY
101 -15- 4151 -0000
13.26
0.00
WORKERS COMPENSATION
101 -18- 4101 -0000
5,030.31
0.00
FULL -TIME REGULAR
101 -18- 4121 -0000
377.27
0.00
PERA CONTRIB - CITY SHARE
101 -18- 4122 -0000
369.14
0.00
FICA CONTRIB - CITY SHARE
101 -18- 4131 -0000
797.17
0.00
EMPLOYEE INSURANCE - CITY
101 -18- 4151 -0000
25.89
0.00
WORKERS COMPENSATION
101 -24- 4101 -0000
4,020.65
0.00
FUILL -TIME REGULAR
101 -24- 4121 -0000
301.57
0.00
PERA CONTRIB - CITY SHARE
101 -24- 4122-0000
258.00
0.00
FICA CONTRIB - CITY SHARE
101 -24- 4131 -0000
475.00
0.00
EMPLOYEE INSURANCE - CITY
101 -24 -41.51 -0000
21.55
0.00
WORKERS COMPENSATION
101 -32- 4101 -0000
1.1,216.22
0.00
FULL -TIME REGULAR
101 -32 -4121 -0000
841.21
0.00
PERA CONTRIB - CITY SIIARE
101 -32- 4122 -0000
787.53
0.00
FICA CONTRIB - CITY SHARE
101 -32- 4131 -0000
1,703.75
0.00
EMPLOYEE INSURANCE - CITY
101 -32- 4151 -0000
699.77
0.00
WORKERS COMPENSATION
101 -52- 4101 -0000
938.61
0.00
FULL -TIME REGULAR
101 -52- 4121 -0000
70.39
0.00
PERA CONTRIB - CITY SHARE
101 -52 -4122 -0000
109.72
0.00
FICA CONTRIB - CITY SHARE
101 -52 -4131 -0000
836.83
0.00
EMPLOYEE INSURANCE - CITY
101 -52- 4151 -0000
96.16
0.00
WORKERS COMPENSATION
PR - G/L Distribution Report (04/20/2015 - 12:30 PM) Page 1
Account Number
Debit Amount
CreclitAmount
Description
101 -53- 4101 -0000
859.56
0.00
FULL -TIME REGULAR
101 -53- 4121 -0000
64.47
0.00
PERA CONTRIB - CITY SHARE
101 -53- 4122 -0000
65.91
0.00
FICA CONTRIB - CITY SHARE
101 -53 -4131 -0000
18.10
0.00
EMPLOYEE INSURANCE - CITY
101 -53- 4151 -0000
3.54
0.00
WORKERS COMPENSATION
FUND Total:
46,246.20
46,246.20
FUND 201
Southshore Center
201 -00 -1010 -0000
0.00
1,836.03
CASH AND INVESTMENTS
201 -00- 4101 -0000
1,030.46
0.00
FULL -TIME REGULAR
201 -00- 4102 -0000
271.55
0.00
OVERTIME
201 -00- 4103 -0000
347.50
0.00
PART -TIME
201 -00- 4121 -0000
77.31
0.00
PERA CONTRIB - CITY SHARE
201 -00- 4122 -0000
103.96
0.00
FICA CONTRIB - CITY SEARE
201 -00- 4151 -0000
525
0.00
WORKERS COMPENSATION
FUND Total:
1,836.03
1,836.03
FUND 601
Water Utility
601 -00- 1010 -0000
0.00
6,837.64
CASH AND INVESTMENTS
601 -00- 4101 -0000
4,850.48
0.00
FULL-TIME REGULAR
601 -00- 4102 -0000
173.82
0.00
OVERTIME
601 -00- 4105 -0000
144,85
0.00
WATER PAGER PAY
601 -00- 4121 -0000
387.72
0.00
PERA CONTRIB - CITY SIIARE
601 -00- 4122 -0000
356.44
0.00
FICA CONTRIB - CITY SHARE
601 -00- 4131 -0000
825.63
0.00
EMPLOYEE INSURANCE - CITY
601 -00- 4151 -0000
98.70
0.00
WORKERS COMPENSATION
FUND Total:
6,837.64
6,837.64
FUND 611
Sanitary Sewer Utility
611 -00- 1010 -0000
0.00
8,619.95
CASH AND INVESTMENTS
611 -00 -4101 -0000
6,410.90
0.00
FULL -TIME REGULAR
611 -00- 4102 -0000
173.82
0.00
OVERTIME
611 -00 -4105 -0000
144.85
0.00
SEWER PAGER PAY
611 -00- 4121 -0000
504.71
0.00
PERA CONTRIB - CITY SHARE
611 -00- 4122 -0000
474.76
0.00
FICA CONTRIB - CITY SHARE
611 -00- 4131 -0000
825.63
0.00
EMPLOYEE INSURANCE - CITY
611 -00- 4151 -0000
85.28
0.00
WORKERS COMPENSATION
FUND Total:
8,619.95
8,619.95
FUND 621
Recycling Utility
621 -00 -1010 -0000
0.00
469.95
CASH AND INVESTMENTS
PR - G/L Distribution Report (04/20/2015 - 12:30 PM)
Page 2
Account Number
DebitAmount
CreditAmount
Description
621 -00- 4101 -0000
357.01
0.00
FULL -TIME REGULAR
621 -00 -4121 -0000
26.78
0.00
PERA CONTRIB - CITY SHARE
621 -00- 4122 -0000
19.66
0.00
FICA CONTRIB - CITY SHARE
621 -00- 4131 -0000
66.50
0.00
EMPLOYEE INSURANCE - CITY
FUND Total:
469.95
469.95
FUND 631
Storm Water Utility
631 -00- 1010 -0000
0.00
897.69
CASH AND INVESTMENTS
631 -00- 4101 -0000
700.41
0.00
FULL -TIME REGULAR
631 -00- 4121 -0000
52.51
0.00
PERA CONTRIB - CITY SHARE
631 -00- 4122 -0000
51.96
0.00
FICA CONTRIB - CITY SHARE
631 -00- 4131 -0000
90.22
0.00
EMPLOYEE INSURANCE - CITY
631 -00- 4151 -0000
2.59
0.00
WORKERS COMPENSATION
FUND Total:
897.69
897.69
FUND 700
Payroll Clearing Fund
700 -00 -1010 -0000
64,907.46
0.00
CASH AND INVESTMENTS
700 -00- 2170 -0000
0.00
31,548.34
GROSS PAYROLL CLEARING
700 -00- 2171 -0000
0.00
7.617.74
HEALTH INSURANCE PAYABLE
700 -00 - 2172 -0000
0.00
3,882.32
FEDERAL WITHHOLDING PAYABLE
700 -00- 2173 -0000
0.00
1,679.30
STATE WITHHOLDING PAYABLE
700 -00- 2174 -0000
0.00
7,088.26
FICA /MEDICARE TAX PAYABLE
700 -00- 2175 -0000
0.00
6,558.69
PERA WITHHOLDING PAYABLE
700 -00- 2176 -0000
0.00
2,901.00
DEFERRED COMPENSATION
700 -00- 2177 -0000
0.00
1,075.41
WORKERS COMPENSATION
700 -00- 2179 -0000
0.00
192.00
SEC 125 DEP CARE REIMB PAYABLE
700 -00- 2183 -0000
0.00
1,547.44
HEALTH SAVINGS ACCOUNT
700 -00- 2184 -0000
0.00
408.96
DENTAL, DELTA
700 -00- 2185 -0000
0.00
408.00
DENTAL - UNION
FUND Total:
64,907.46
64,907.46
Report 'Total:
129,814.92
129,814.92
PR - G/L Distribution Report (04/20/2015 - 12:30 PM) Page 3
Accounts Payable
Check Detail
User: mnguyen
Printed: 04/20/2015 - 3:IOPM
Check Number Check Date Amount
4 - AFSCME CO 5 MEMBER HEALTH FUND Line Item Account
0 04/20/2015
Inv April -2015
Line Item Date Line Item Description Line Item Account
04/20/2015 PR Batch 00002.04.2015 Dental - Union 700 -00- 2185 -0000 408.00
Inv April -2015 Total 408.00
0 Total: 408.00
4 - AFSCME CO 5 MEMBER HEALTH FUND Total: 408.00
3 - DELTA DENTAL OF MINNESOTA Line Item Account
0 04/20/2015
Inv April -2015
Line Item Date Line Item Description Line Item Account
04/20/2015 PR Batch 00002,04.2015 Dental - Non Union 700 -00 -2184 -0000 408.96
Inv April -2015 Total 408.96
0 Total: 408.96
3 - DELTA DENTAL OF MINNESOTA Total: 408.96
5 - EFTPS - FEDERAL W/H Line Item Account
0 04/20/2015
Inv 04202015
Line Item Date Line Item Description
Line Item Account
04/20/2015 PR Batch 00002.04.2015 Federal Income Tax
700 -00- 2172 -0000
3,882.32
04/20/2015 PR Batch 00002.04.2015 FICA Employee Portion
700 -00 -2174 -0000
2,872.37
04/20/2015 PR Batch 00002.04.2015 FICA Employer Portion
700 -00- 2174 -0000
2,872.37
04/20/2015 PR Batch 00002.04.2015 Medicare Employee Portion
700 -00 -2174 -0000
671.76
04/20/2015 PR Batch 00002.04.2015 Medicare Employer Portion
700 -00- 2174 -0000
671.76
Inv 04202015 Total 10,970.58
0 Total: 10,970.58
5 - EFTPS - FEDERAL W/H Total: 10,970.58
AP -Check Detail (4/20/2015 - 3:10 PM) Page 1
Check Number Check Date
Amount
184 - FASCHING, GREGORY Line Item Account
0 04/20/2015
Inv 04/13/2015
Line Item Date Line Item Descri tp ion
Line Item Account
04/13/2015 Child Care Reimbursement - 04/13/15
700 -00- 2179 -0000
860.00
Inv 04/13/2015 Total
860.00
0 Total:
860.00
184 - FASCHING, GREGORY Total:
860.00
6 - HEALTH PARTNERS -GROUP Line Item Account
41435 04/20/2015
Inv 04202015
Line Item Date Line Item Descri to ion
Line Item Account
04/20/2015 PR Batch 00002.04.2015 Health Ins - CoPay
700 -00- 2171 -0000
1,901.79
04/20/2015 PR Batch 00002.04.2015 Health Insurance -HSA
700 -00- 2171 -0000
5,715.95
Inv 04202015 Total
7,617.74
Inv 06062015
Line Item Date Line Item Descri tp ion
Line Item Account
04/06/2015 PR Batch 00001.04.2015 Health Ins - CoPay
700 -00- 2171 -0000
1,901.79
04/06/2015 PR Batch 00001.04.2015 Health Insurance -HSA
700 -00- 2171 -0000
5,715.95
Inv 06062015 Total
7,617.74
41435 "Total:
15,235.48
6 - HEALTH PARTNERS -GROUP Total:
15,235.48
2 - ICMA RETIREMENT TRUST- 342131 -457 Line Item Account
41436 04/20/2015
Inv
Line Item Date Line Item Description
Line Item Account
04/20/2015 PR Batch 00002.04.2015 Deferred Comp Flat Amount
700 -00- 2176 -0000
2,901.00
Inv Total
2,901.00
41436 Total:
2,901.00
2 - ICMA RETIREMENT TRUST - 302131 -457 Total: 2,901.00
286 - MIDWEST MAILING SYSTEMS INC Line Item Account
0 04/20/2015
AP -Check Detail (4 /20/2015 - 3:10 PM) Page 2
Check Number Check Date
Amount
Inv 74454
Line Item Date Line Item Descri tp ion
Line Item Account
05/01/2015 Newsletter Postages -May
101 -13- 4208 -0000
458.66
05/01/2015 Newsletter Svc -May
101 -13- 4400 -0000
414.04
Inv 74454 Total
872.70
0 Total:
872.70
286 - MIDWEST MAILING SYSTEMS INC Total:
872.70
11- MINNESOTA DEPARTMENT OF REVENUE Line Item Account
0 04/20/2015
Inv 04202015
Line Item Date Line Item Description
Line Item Account
04/20/2015 PR Batch 00002.04,2015 State Income Tax
700 -00- 2173 -0000
1,679.30
Inv 04202015 Total
1,679.30
0 Total:
1,679.30
11 -MINNESOTA DEPARTMENT OF REVENUE Total:
1,679.30
9 - PERA Line Item Account
0 04/20/2015
Inv 04202015
Line Item Date Line Item Description
Line Item Account
04/20/2015 PR Batch 00002.04.2015 MN -PERA Deduction
700 -00- 2175 -0000
3,045.11
04/20/2015 PR Batch 00002.04.2015 MN PERA Benefit Employer
700 -00- 2175 -0000
3,513.58
Inv 04202015 Total
6,558,69
0 Total:
6,558.69
9 - PERA Total:
6,558.69
1 - WELLS LARGO HEALl'H BENEFIT SVCS Line Item Account
0 04/20/2015
Inv 04202015
Line Item Date Line Item Description
Line Item Account
04/20/2015 PR Batch 00002.04.2015 Health Savings Account
700 -00- 2183 -0000
1,547.44
Inv 04202015 Total
1,547.44
0 Total:
1,547.44
AP -Check Detail (4/20/2015 - 3:10 PM) Page 3
Check Number Check Date
1 - WELLS FARGO HEALTH BENEFIT SVCS Total:
Total:
Amount
1,547.44
41,442.15
AP -Check Detail (4/20/2015 - 3 :10 PM) Page 4
Accounts Payable
Computer Check Proof List by Vendor
User:
Mnguyen
City of
Printed:
04/23/2015 - 12:15PM
Shorewood
Batch:
00005.04.2015 - CC- 04272015
Invoice No
Description
Amount
Payment Date Acct Number
Fund
Dept
Vendor 123
BLUE -TARP FINANCIAL INC
Check
4061002492
Trailer Lighting
94.93
04/27/2015 101 -32- 4221 -001
General
Pub Works
Check Total:
94.93
Vendor 134
CARQUEST AUTO PARTS
Check
6974 - 243164
Trailer Lighting
243.08
04/27/2015 101 -32- 4221 -00(
General
Pub Works
6974 - 244797
Battery and Filters
93.63
04/27/2015 101 -32- 4221 -00(
General
Pub Works
6974 - 247297
Bearings for Mower
13.47
04/27/2015 101 -32- 4221 -00(
General
Pub Works
6974 - 247315
Bearings for Mower
13.47
04/27/2015 101 -32- 4221 -00(
General
Pub Works
6974- 247384
Oil Filters
8.20
04/27/2015 101 -32- 4221 -00(
General
Pub Works
Check Total:
371.85
Vendor 149
CITY OF TONKA BAY
Check
IstQtr -2015
Quarterly Water Service
542.40
04/27/2015 601 -00- 4260 -001
Water
Non -Dept
1 st Qtr -2015
Quarterly Sewer Service
391.50
04/27/2015 611 -00- 4400 -00(
Sewer
Non -Dept
Check Total:
933.90
Vendor 150
CLASSIC CLEANING COMPANY
Check
22051
City Hall Monthly Svc
535.00
04/27/2015 101 -19- 4400 -001
General
Mun Bldg
22052
Public Works Monthly Svc
295.00
04/27/2015 101 -32- 4400 -001
General
Pub Works
Check Total:
830.00
Vendor 158
CUB FOODS - SHOREWOOD
Check
CCRetreat040915
Council Retreat- 04/09/15
61.70
04/27/2015 101 -I1- 4245 -00(
General
Council
Check Total:
61.70
Vendor 374
DALE GREEN COMPANY
Check
4748
Topsoil Plow Damage
608.00
04/27/2015 101 -32- 4250 -00(
General
Pub Works
Check Total:
608.00
Vendor 167
ECM PUBLISHERS INC
Check
209698
Star Lane & Star Circle Street Ad for Bid,,
274.72
04/27/2015 404 -00- 4680 -00"
Street Cap
Non -Dept
Check Total:
274.72
Vendor 513
ECONO SIGNS, LL,C.
Check
10- 921074
Traffic Signage
222.30
04/27/2015 101 -32- 4245 -00(
General
Pub Works
Check Total:
222.30
Vendor 186
FERGUSON WATERWORKS No.2516
Check
0131993
Water Meters Supplies
22.24
04/27/2015 601 -00- 4265 -00(
Water
Non -Dept
Check Total:
22.24
Vendor 187
FINANCE AND COMMERCE
Check
742128586
Star Lane & Circle Street Ad for Bids
237.63
04/27/2015 404 -00- 4680 -00_
Street Cap
Non -Dept
Check Total:
237.63
Vendor UB*00015
Scott Fiske
Check
Refund Check
27.80
04/27/2015 611 -00 - 2010 -00(
Sewer
Non -Dept
Refund Check
11.92
04/2712015 631 -00- 2010 -00(
Storm Water
Non -Dept
Refund Check
11.91
04/27/2015 621 -00- 2010 -00(
Recycling
Non -Dept
Check Total:
51.63
Invoice No
Description
Amount
Payment Date Acct Number
Vendor UB *00017
Devlin & Dona Gleason
Check
Refund Check
62.19
04/27/2015 611 -00- 2010 -001
Refund Check
26.65
04/27/2015 631 -00- 2010 -00(
Refund Check
26.65
04/27/2015 621 -00- 2010 -00(
Check Total:
115.49
Vendor 206
TWILA GROUT
Check
ITomeDepot- 04 -1.5
Mulch at Home Depot
25.00
04/27/2015 201 -00 -4245 -00(
Target- 04202015
Volunteer - Supplies
4.00
04/27/2015 201 -00- 4245 -00(
Turner- 042115
Catherine Turner - Volunteer Lunch
121.00
04/27/2015 201 -00- 4245 -00(
Check Total:
150.00
Vendor 424
JOEY NOVA'S
Check
CCRetreat040915
Council Retreat- 04/09/15
145.41
04/27/2015 101 -11- 4245 -00(
Check Total:
145.41
Vendor 234
JOHN DEERE LANDSCAPES
Check
71362936
Bulk Grass Seed for Parks & Roadway
1,611.30
04/27/2015 101 -52- 4245 -001
71362936
Bulk Grass Seed for Parks & Roadway
1,611.30
04/27/2015 101 -32- 4250 -00(
Check Total: 3,222.60
Vendor 243
KLM ENGINEERING, INC.
Check
5564
CIP West Water Tower Rehab Project Ent
10,000.00
04/27/2015 601 -00- 4303 -001
Check Total: 10,000.00
Vendor UB *00014
Brian & Julie Knudsvig
Check
Refund Check
1.40
04/27/2015 601 -00- 2010 -00(
Refund Check
1.40
04/27/2015 611 -00- 2010 -00(
Refund Check
0.60
04/27/2015 631 -00- 2010 -00(
Refund Check
0.60
04/27/2015 621 -00- 2010 -00(
Check Total:
4.00
Vendor UB *00016
David Kraker
Check
Refund Check
31.30
04/27/2015 611 -00- 2010 -00(
Check Total:
31.30
Vendor 259
CLARE T. LINK
Check
2015 -14SWD
Park Commission Meeting - 04/14/15
187.00
04/27/2015 101 -52- 4400 -00(
Check Total:
187.00
Vendor 283
METRO SALES INC
Check
INV228627
Yearly Coverage - Ricoh /MP 2000
300.00
04/27/2015 101 -32- 4221 -001
Check Total:
300.00
Vendor 279
METROPOLITAN COUNCIL (WASTI
Check
0001043138
Monthly Waste Water Svc
50,765.00
04/27/2015 611 -00- 4385 -00(
0001043458
Intrustrial Discharge Permit -SE Water Trc
375.00
04/27/2015 601 -00- 4437 -00(
Check Total: 51,140.00
Vendor 287
MIDWEST OVERHEAD CRANE CORI
Check
83488
Overhead Crane Inspection
605.69
04/27/2015 101 -32- 4400 -00(
Check Total:
605.69
Vendor UB *00019
Sara Mortimore
Check
Refund Check
2.54
04/27/2015 601 -00- 2010 -00(
Refund Check
2.96
04/27/2015 611 -00- 2010 -00(
Refund Check
1.27
04/27/2015 631 -00- 2010 -00(
Refund Check
1.27
04/27/2015 621 -00- 2010 -00(
Check Total:
8.04
Fund Dept
Sewer Non -Dept
Storm Water Non -Dept
Recycling Non -Dept
SSC Non -Dept
SSC Non -Dept
SSC Non -Dept
General Council
General Park Maint
General Pub Works
Water Non -Dept
Water Non -Dept
Sewer Non -Dept
Storm Water Non -Dept
Recycling Non -Dept
Sewer Non -Dept
General Park Maint
General Pub Works
Sewer Non -Dept
Water Non -Dept
General Pub Works
Water Non -Dept
Sewer Non -Dept
Storm Water Non -Dept
Recycling Non -Dept
Invoice No
Description
Amount
Payment Date Acct Number
Fund
Dept
Vendor 463
MTI DISTRIBUTING INC.
Check
1005106 -00
Mower Repair Parts
441.14
04/27/2015 101 -32- 4221 -00(
General
Pub Works
1005669 -00
Mower Repair Parts
76.59
04/27 /2015 101 -32- 4221 -00(
General
Pub Works
Check Total:
517.73
Vendor 322
OFFICE DEPOT
Check
765713444001
Supplies - Gavel with Sound Block
39.79
04/27/2015 101 -13- 4200 -001
General
Admin
Check Total:
39.79
Vendor 524
ONCE UPON A SIGN, LLC
Check
2796
Logos for New Truck
180.00
04/27/2015 403 -00- 4680 -001
Equip Repl
Non -Dept
Check Total:
180.00
Vendor 329
JEAN PANCHYSITYN
Check
CCRetreat040915
Council Retreat Meeting- Coffee
37.51
04/27/2015 101 -11- 4245 -001
General
Council
EP &CCpkg042215
EP- Record Retnetion Meeting & CC Pack
18.98
04/27/2015 101 -13- 4331 -001
General
Admin
Check Total:
56.49
Vendor UB *00018
Levi Payne
Check
Refund Check
10.98
04/27/2015 611 -00- 2010 -001
Sewer
Non -Dept
Refund Check
4.71
04/27/2015 631 -00- 2010 -001
Storm Water
Non -Dept
Refund Check
4.71
04/27/2015 621 -00- 2010 -001
Recycling
Non -Dept
Check Total:
20.40
Vendor 336
PURCHASE POWER
Check
Refill- 04172015
Acct ##8000- 9000 -0743- 8223 - Refill on 04
226.00
04/27/2015 101 -13- 4208 -00t
General
Admin
Check Total:
226.00
Vendor 347
SAM'S CLUB
Check
04142015
C.H. Expenses
125.01
04/27/2015 101 -19- 4245 -00(
General
Mun Bldg
04142015
P.W. Expenses
211.23
04/27/2015 101 -32- 4245 -00(
General
Pub Works
04142015
SSCC Expenses
38.62
04/27/2015 201 -00 -4245 -00(
SSC
Non -Dept
Check Total:
374.86
Vendor 354
SHOREWOOD TRUE VALUE
Check
123919
Painting Supplies
12.14
04/27/2015 101 -32- 4245 -001
General
Pub Works
123951
Bulk Hardware
2.59
04/27/2015 101 -32- 4245 -001
General
Pub Works
Check Total:
14.73
Vendor 360
SOUTH LAKE, MINNETONKA POLICI
Check
1st Qtr- 2015 -CO
Quarterly -Court Overtime
562.52
04/27/2015 101 -21- 4440 -001
General
Police
May- 2015 -OBE
Monthly - Operating Budget Exp
89,178.75
04/27/2015 101 -21- 4400 -001
General
Police
Check Total: 89,741.27
Vendor 590
STANTEC CONSULTING SERVICES,
Check
899302
Minnetonka Country Club Project - Period
22,182.43
04/27/2015 450 -00- 4302 -00
Comm Infr
Non -Dept
Check Total: 22,182.43
Vendor 384
TOTAL PRINTING SERVICES
Check
10393
Newsletters - May
677.65
04/27/2015 101 -13 -4400 -00(
General
Admin
10393
SSCC Insert - May
245.30
04/27/2015 201 -00- 4400 -00(
SSC
Non -Dept
10393
Spring Cleanup Insert - May
128.15
04/27/2015 621 -00- 4400 -00(
Recycling
Non -Dept
Check Total: 1,051.10
Vendor 511
CATHERINE TURNER
Cheek
2015 - Garden
Adopt -A- Garden at Southshore Center
100.00
04/27/2015 101 -53- 4245 -00(
General
Recreation
Check Total:
100.00
Vendor 601
USA BLUEBOOK
Check
606659
Sanitary Sewer Debris Removal Tool
254.87
04/27/2015 611 -00- 4240 -00(
Sewer
Non -Dept
Check "Total:
254.87
Invoice No
Description
Amount
Payment Date Acet Number
Fund
Dept
Vendor 421
VERIZON WIRELESS
Check
9743866681
Brad's Cell -612- 865 -3582- 03/13 -04/12
60.69
04/27/2015 101 -18- 4321 -00(
General
Planning
Check Total:
60.69
Vendor 415
WARNER CONNECT
Check
29922988
Monthly Network Maint Services - Additio
303.75
04/27/2015 101 -19 -4221 -001
General
Mun Bldg
29923112
Monthly Network Maint Services -MAY
2,565.40
04/27/2015 101 -19- 4221 -001
General
Mun Bldg
Check Total: 2,869.15
Vendor 402
WATER CONSERVATION SERVICE
Check
5915
Watermain Break Leak Detection - Wedges
273.00
04/27/2015 601 -00- 4400 -001
Water
Non -Dept
Check Total:
273.00
Vendor 409
RICHARD WOODRUFF
Check
04162015Meedng
Metro Cities Annual Meeting -St. Paul
37.95
04/27/2015 101 -11 -4331 -001
General
Council
Check Total:
3795
Vendor 411
XCEL ENERGY
Check
Stmt#452408135
5655 Merry Lane - 03/11 -04/09
20.24
04/27/2015 101 -52 -4380 -001
General
Park Maint
Stnt#453553982
C.H. Svcs - Statement on 04/20/15
415.14
04/27/2015 101 -19 -4380 -001
General
Mun Bldg
Stmt#453553982
P.W. Bldg Svc - Statement on 04/20/15
450.71
04/27/2015 101 -32- 4380 -001
General
Pub Works
Stmt#453553982
P.W. Street Lights Svc -State on 04/20/15
3,153.34
04/27/2015 101 -32- 4399 -001
General
Pub Works
Stmt4453553982
Parks - Statement on 04/20/15
494.45
04/27/2015 101 -52- 4380 -001
General
Park Maint
Stmt#453553982
Amesbury Svc - Statement on 04/20/15
491.78
04/27/2015 601 -00- 4394 -00(
Water
Non -Dept
Stmt#453553982
Boulder Bridge Svc - Statement on 04/20/'
904.54
04/27/2015 601 -00- 4396 -001
Water
Non -Dept
Stmt #453553982
S.E. Area Svc - Statement on 04/20/15
2,532.05
04/27/2015 601 -00- 4398 -001
Water
Non -Dept
Stmt#453553982
Street Lights - Statement on 04/20/15
472.42
04/27/2015 611 -00- 4380 -001
Sewer
Non -Dept
Check Total: 8.934.67
Vendor 413
ZEE MEDICAL SERVICE
Check
54106818
First Aid Supplies
71.45
04/27/2015 101 -32- 4245 -00(
General
Pub Works
Check Total:
71.45
Total for Check Run: 196,625.01
Total of Number of
42
#3B
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Appointment of One of Two Seasonal Employees, Public Works
Meeting Date: April 27, 2015
Prepared by: Larry Brown, Director of Public Works
Reviewed by: Jean Panchyshyn, City Clerk
Attachments None
Policy Consideration: Should the City hire temporary seasonal staff to meet maintenance needs
for the Department of Public Works?
Background: Traditionally, the City hires two temporary seasonal employees annually. One to
assist the park maintenance crew in mowing, weed whipping and routine grounds
maintenance; with the second position to assist the roadway patching crew. This year is no
exception.
Mr. Casey Halbmaier worked with the Department of Public Works last summer and did an
exceptional job. This will actually be Mr. Halbmaier's third tour with the Department. Having
past employees return to these positions saves time in training and operational logistics, as this
candidate is more than familiar with the program.
These seasonal positions have been budgeted as part of the normal operating budget. Staff is
recommending that this temporary position will be compensated at the hourly rate of $11.50
per hour, with the position expiring at the end of the business day on September 25, 2015.
Financial or Budget Considerations: This appointment has been budgeted as part of the
approved 2015 operating budget for Public Works.
Recommendation /Action Requested: Staff is recommending approval of a motion that
appoints Mr. Casey Halbmaier to the position of Seasonal Employee at a rate of $11.50 per
hour, through September 25, 2015.
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
Phelps Bay Shorewood 2015 AIS Treatment
Request for Funding - $6,000 (4200 Phelps, 1800 Gideons)
2015
Josh Leddy- LMA
Jack Kimball - Enchanted Island
Partick Selter - PLM Lake Mgmt
Acres to treat
21
Funding Committed Possible
2014 Carryover $5,200
DNR(2014) @$100 /acre $1,200
DNR(2015) @ $100 /acre
LMCD
City
Total
$2,100
0 0
$4,200
$6,400 $6,300
#66
Cost
$21,168
Total
$5,200
$1,200
$2,100
0
$4,200
$12,700
Private Need $8,468
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, APRIL 14, 2015
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Mangold convened the meeting at 7:08 p.m.
A. Roll Call
Present: Chair Mangold, Commissioners
Stelmachers; City Planner Niels
Absent: None
B. Review Agenda
Stelmachers moved to approve the agenda as amended: po
or continue to a future meeting. Dietz seconded the motion.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of
Commissioner Dietz moved to approve the minutes of the N
meeting date to March 10, 2015 wherever March 9, 2015 is
Motion carried 5 -0.
3. MATTERS
There were
4. PRESENTATION BY A
Continued to ,a future meeting.
5. LANDSCAPE STA
�a
5755 COUNTRY CLUB RD
SHOREWOOD CITY HALL
7:00 P.M.
, Vassar, and
of Item 4 until later in the meeting
10,201
)15 meeting as amended: change
Stelmachers seconded the motion.
KEANE ON OPEN MEETING LAW
Nielsen stated the Park'Commission started working on a set of standards for park maintenance. These
standards would then be applied to all City properties. He indicated progress was made on the creation of
three levels of service, and each park was identified as a certain level of service. The Commission indicated
that a park may have more than one level of service depending on the park amenities.
Nielsen cited examples where a park would be designated at each level. He stated the park tour would be a
good time to identify the levels of service. He stated the amended levels of service have been provided
encompassing all the changes made at a previous Park Commission meeting. He also noted winter
maintenance has also been added to the standards. He stated Public Works has indicated that snow
removal is a lower priority than the streets and parking lots in the city.
PARK COMMISSION MINUTES
TUESDAY, APRIL 14, 2015
PAGE 2 OF 4
Hartmann arrived at 7:15 p.m.
Mangold stated the definition of when weed control is done shouldn't be as vague as indicated. Nielsen
stated the original standard had a fairly aggressive identification system. Mangold believed the visibility of
weeds to the public should be amended.
Dietz asked if the changes are what the Park Commission decided. Nielsen stated this will be taken to
Public Works once the Park Commission has its final review.
Nielsen stated when we did the park tour of Manor Park, the weeds were
been done then. Stelmachers stated "as needed" could be added. Dietz s
Works to do their job. Commissioners discussed weed identification, and
Nielsen stated weeds in the infield should never be
in the outfield.
Mangold asked if there should be areas for sports
Vassar asked if the definition of weeds should be included. Niels
Mangold suggested PW Director Brown give input on what would
to elaborate on the weeds standard.
Dietz suggested "when weeds in the infield
Nielsen stated during the park tours, there were cracl
He stated he would contact Brown and find out what
Dietz discussed when grass watering should be done.
shouldn't be any dry grass if there is a watering sche
watered and under what circumstances.
Something should have
should trust Public
expect dandelions, for example,
it is a plant that is out of place.
°onriate. Nielsen stated we need
the trail and tennis courts that had weeds in them.
;in4 done now.
;ei stated if there is an irrigation system, there
Commissioners discussed when grass should be
Nielsen suggested adding "irrigation systems are expected monthly, and problems are corrected as needed"
Expectation of timing for repairs was discussed.
Hartmann asked if there is any trail maintenance (snow removal) at Freeman during the winter. Nielsen
stated he was unsure if they are Mowed. He stated the policy now is the remove snow on roads, trails and
parks. Mangold stated trails should be added to number eleven.
Nielsen discussed Level of Service IL Dietz asked if there is any special maintenance needed at the
landing. Nielsen discussed the new agreement with the DNR on the maintenance. There were no
recommended changes to Level of Service II.
Commissioners reviewed Level of Service III. Nielsen stated he would make site plans of all parks
available during the park tours to designate levels of service on the site plans. Stelmachers suggested
having Brown comment on the levels of service prior to the park tours.
PARK COMMISSION MINUTES
TUESDAY, APRIL 14, 2015
PAGE 3 OF 4
6. SCHEDULE PARK TOURS
Commissioners discussed possible dates for park tours. Nielsen indicated we wanted to go back to the idea
of having the tours sooner rather than later in the season. June 9 and July 14 are the meeting dates, and the
park tours would occur on those nights.
Mangold suggested breaking off Badger for another date. He suggested
recommendations for the park won't be available in May and suggested
Commissioners determined 6 p.m. would be a good time to begin
7. BOY SCOUT PROJECT LIST
Mangold stated there is a list on hand for projects for Boy Sc
purpose tonight is to review this list and prioritize the project
construction of enclosures for recycling containers for all the
similar to what is used for the message boards.
Commissioners reviewed the project list to determine,
remain on the list. Nielsen indicated items could rema
tours.
Commissioners discussed a fature trail location aroun
staff take a look at the location to determine if the trai`
discussed post construction which would identify trail
should be rf
the list and
Nielsen stated
it to July.
out to the City to,help. The
d he would like to add the
)uld be constructed of material
3 from the list and what should
)ly be removed after the park
ball field in Manor Park. Nielsen suggested
be extended around the tennis court as well. He
Hartmann suggested there may be neighborhood input. Mangold suggested a letter be sent out.
Hartmann suggested adding a co np�osting bin at Freeman Park similar to the one in use at the garden at the
Skate Park, She also suggested adding another free little library. Nielsen stated he would welcome any
more ideas.
Dietz asked'ifthe Park Commission should be touring the golf course site. Nielsen stated two members are
on the committee already, and they should speak up if they have any ideas of what should be there. Nielsen
discussed possible uses for the golf course site.
8. OPTIONS REGARDING HOCKEY RINK AT FREEMAN
Nielsen stated he didn't have information this evening on this item and would like to postpone it to another
date. Commissioners discussed moving the hockey rink and downsizing the rink size at Freeman.
9. COMMUNITY GARDENS — LAYOUT AND COST ESTIMATES FOR WATER
Commissioners discussed the expansion of the garden at Freeman and the location of proposed water
access. Nielsen noted the location of a utility line and stated we are not suggesting it be expanded this year.
He noted the skate park gardens are being expanded about fifty percent. The garden at Freeman is full for
PARK COMMISSION MINUTES
TUESDAY, APRIL 14, 2015
PAGE 4 OF 4
this season. He explained how the water line would be constructed to service the garden. He reviewed a
possible expansion area at Freeman. He noted existing ash trees would probably be removed at some point
but not this year. He also noted he needs to get an updated cost for the water line construction. He stated
this is information for now until that cost is obtained. We can also discuss tonight whether fencing should
be added.
Hartmann asked if there is a waiting list. Nielsen stated there are a couple people who couldn't get in at
Freeman and have been assigned to space at the Skate Park.
Nielsen stated there is a feature on the website called Mind Mixer to dis
questions. He invited Commissioners to attend the meetings.
NEW BUSINESS
STAFF AND LIAISON REPORTS /UPDATE
A. City Council
Mangold asked if there is an update on the
see what the status is on the removal.
Hartmann moved, S
Motion carried.
RESPECTFULLY
Clare
course project and ask
he would talk to Brown to
Meeting of, 2015 at 8:36 p.m.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, APRIL 7, 2015
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:37 P.M.
ROLL CALL
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
Present: Chair Geng; Commissioners Bean, Davis, Johnson and Maddy; Planning Director
Nielsen; and Council Liaison Labadie
Absent: None
APPROVAL OF AGENDA
Because Attorney Keane left the building Director Nielsen suggested Item 3 be postponed to a future
meeting.
Maddy moved, Davis seconded, approving the agenda for April 7, 2015, as amended. Motion passed
_510.
APPROVAL OF MINUTES
February 3, 2015
Davis moved, Maddy seconded, approving the Planning Commission Meeting Minutes of February
3, 2015, as presented. Motion passed 4f0 /1 with Bean abstaining due to his absence at the meeting.
Chair Geng noted the Planning Commission is comprised of residents of the City of Shorewood who are
serving as volunteers on the Commission. He introduced new Planning Commissioners Bob Bean, who
had been the Mayor at one time, and Pat Johnson, who recently moved to ShoreNvood. He also introduced
Planning Commissioners Sue Davis and Dustin Maddy and himself.
PUBLIC HEARING — CONDITIONAL USE PERMIT FOR TWO HOUSES
TEMPORARILY ON ONE LOT
Applicant: Todd Cebulla
Location: 5530 Vine Hill Road
Chair Geng opened the Public Hearing at 7:43 P.M., noting the procedures used in a Public Hearing. He
explained 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. He noted that if the Planning
Commission makes a recommendation this evening this item will go before the City Council on April 27,
2015. He stated this evening the Planning Commission is going to consider a conditional use permit
(C.U.P.) application for two houses on one lot for Todd Cebulla, 5530 Vine Hill Road.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
April 7, 2015
Page 2of9
Director Nielsen explained Todd Cebulla owns the property located at 5530 Vine Hill Road. He Nvishes to
keep the existing home on the property while his new home is being constructed. Mr. Cebulla has applied
for a C.U.P. to do so. The property is zoned Planned Unit Development (PUD) and ought to be zoned R-
1C, Single - family Residential; the underlying zoning is R -1C. The property contains 29,338 square feet of
area. The site is currently occupied by the applicant's existing home and a detached accessory garage. He
intends for his family to live in the existing home while a new home is being built. Once the new home is
completed the old one will be demolished.
ShoreNvood's Zoning Code limits the number of principal single - family dwellings on a site to one. At one
time the City had granted variances allowing property owners to keep an existing house on the property
while a new house was being constructed. The Code was amended in 2000 to allow for such requests by
C.U.P.
Nielsen reviewed how Mr. Cebulla's request complies with Section 1201.03 Subd. 2.c.(4) of the Code:
The proposed home complies with R -1C district setback requirements; 35 foot front and side
abutting the street, 40 foot rear and 10 foot side.
Keeping the existing house should not result in a less desirable location for the new house. The
desire to have the new house farther from Vine Hill Road is understandable. Eliminating the
driveway to and from Vine Hill Road is positive from a safety perspective.
A detailed tree inventory and tree preservation/reforestation plan is required as part of the
building permit. It appears that the applicant will be faced with the maximum replacement — six
trees (8 trees x .75 acre). At least three of those trees should be located on the south side of the
property in the general location of some of the trees that will be removed.
There must be some assurance that the existing home will be removed upon completion of the
new one. Prior to the issuance of a building permit, the applicant must provide bids for the
demolition of the existing home. A cash escrow or letter of credit will be required in the amount
of 150 percent of the bid to guarantee removal of the older home and restoration of the site.
The approval must have a time limit. The Code allows the builder six months to complete the new
house. For some larger or more complicated houses, this time limit has been found to be tight. If
it is necessary for the owner to request an extension, it should be made prior to the end of the six
months.
Nielsen noted that staff recommends approval of Mr. Cebulla's request subject to the following.
A. The applicant must provide a copy of their contractor's bid for demolishing the older house.
B. Prior to issuance of a building permit, the applicant must provide the City with a cash escrow or
letter of credit for 150 percent of the bid amount to guarantee that the house will be removed and
the site restored.
C. The existing house and outbuilding must be removed within six months of the applicant receiving
a building permit for the new house. If the applicant requires an extension, he should make the
request prior to the six -month deadline.
Todd Cebulla, 5530 Vine Hill Road, stated he agrees with what Director Nielsen explained. He explained
that he and his wife considered remodeling their existing home or putting on an addition but they could
not get rid of the mold smell resulting from water damage.
Commissioner Bean asked if there is a size requirement for the replacement trees. Director Nielsen
explained if deciduous trees 8 — 12 inches diameter at breast height are removed they have to be replaced
with two 3 -inch caliber trees. If the diameter is 12 inches or larger they have to be replaced with three 3-
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
April 7, 2015
Page 3of9
inch caliber trees. Bean then asked if there is a time limit for when the construction of the new house has
to be completed. Nielsen explained progress has to be maintained on the building permit and the City
interprets that as having to require an inspection at least every 180 days. Potentially the construction of a
house could stretch out three years. Bean went on to ask how many extensions for the C.U.P. the
applicant could get. Nielsen stated the last time that happened for a situation like this the extension was
for 90 days.
Commissioner Johnson asked if there is a timeframe requirement for completing landscaping and erosion
control after the existing house is removed. Director Nielsen explained erosion control measures are put
in with the original site work before work is started. The restoration and regrading would have to be done
before a certificate of occupancy would be issued for the new house. There is an exception to that. If, for
example, the new house was completed in December and the new trees have not been planted and
sod /seed has not been put down the City would require a letter of credit to guarantee that would be done
by June 1.
Chair Geng opened the Public Testimony portion of the Public Hearing at 7:57 P.M.
Jim Berdahl, 19205 Waterford Place, explained that there was a meeting of Mr. Cebulla and the
neighbors who live in close proximity to Mr. Cebulla's property during which his plans were reviewed
and they are all very supportive of what Mr. Cebulla has proposed.
Chair Geng closed the Public Testimony portion of the Public Hearing at 7:58 P.M.
Chair Geng noted that he appreciates the neighbors getting together about what is being proposed. He also
noted that he likes the location chosen for the new house.
Commissioner Davis asked if there is a full basement under the existing house. Mr. Cebulla responded
yes and noted it is a split level house. Davis stated she assumes excavated soils from the location for the
new house will be used to fill in the area of the existing house. She asked where those soils will be stored.
Mr. Cebulla stated, for example, that his lot is large enough to accommodate the temporary storage of
those soils. Davis suggested using more silt fence and covering the stockpiles. Chair Geng questioned if
that might be more appropriately addressed as part of the permitting process. Director Nielsen stated
erosion control is addressed during the permitting process and noted Davis' point is well taken.
Mr. Cebulla stated the foundation of the existing house is slightly less than 1,000 square feet in size and
because it is a split level only one -half of the foundation is in the ground. The hole that will have to be
filled is much smaller than for a traditional house and therefore there will be less stockpiling of soils.
Maddy moved, Davis seconded, recommending approval of the conditional use permit for
temporarily having two houses on one lot for Todd Cebulla, 5530 Vine Hill Road, subject to staff's
recommendations and subject to having adequate silt fencing for stockpiled soils and covering of
them. Motion passed 510.
Chair Geng closed the Public Hearing at 8:04 P.M.
2. PUBLIC HEARING — CONDITIONAL USE PERMIT FOR SEWER LIST STATION
Applicant: Metropolitan Council Environmental Services
Location: 21445 Sate Highway 7
Chair Geng opened the Public Hearing at 8:05 P.M., noting the process will be the same as for the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
April 7, 2015
Page 4of9
previous item. He stated this evening the Planning Commission is going to consider a conditional use
permit (C.U.P.) to replace an existing lift station.
Director Nielsen explained MCES operates the area regional seNyer system. As part of that it operates a
sanitary seNyer lift station at 21445 State Highvmy 7. The existing facility is located on a permanent
easement on City ovmed property. The property is located at the southNyest corner of the intersection of
Christmas Lake Road and State HighNyaN- 7. The property Nyas acquired through a tax forfeiture process
for the purpose of making improvements to that intersection and for general drainage purposes. There is a
fairly significant Nyetland on the property.
MCES proposes to replace the existing above - ground structure, located in the very southeast corner of the
site, Nvith a belovy- ground Nyet Nyell and a small brick building housing control equipment and a bathroom.
The facility Nyould be served by a neNy driveway and a small parking lot. To satisA- Minnehaha Creek
Watershed District requirements, a small drainage pond Nyill be constructed on the north side of the
proposed building. The proposal is very thoroughly described in the applicant's project narrative (a copy
of Nvhich Nyas included in the meeting packet). Since "governmental and public regulated utility buildings
and structures" in residential zoning districts are listed as conditional uses in the Shorevyood Zoning
Code, MCES is requesting a C.U.P. pursuant to Section1201.10 Subd. 4.a. of the Code.
The property is zoned R -lA/S, Single - family Residential/Shoreland. Land uses and zoning surrounding
the site are as follovys:
North: State HighNyayT 7, then offices located in Excelsior and GreenNyood; zoned
commercial
West: Church located in Excelsior; zoned residential
South: Single - family homes; zoned R -IA/S
East: Single - family homes and the Christmas Lake Public Access; zoned R -IA/S,
In its original request MCES requested an additional easement for their neNy facility. Staff recommends
MCES acquire ovriership of the entire parcel. Staff also recommends the applicant deed back a drainage
and utility easement and a conservation easement over the Nyetland area. The plans Nyill need to indicate
protection of the Christmas Lake piped outfall that crosses the property as mentioned in the City
Engineer's report dated March 26, 2015. Transfer of the ownership should be subject to the City
Attorney's direction.
With regard to the analysis of the case, Nielsen revieNyed hoNy the applicant's request complies Nvith
Section 1201.10 Subd. 4.A., which contains tNyo criteria for "governmental and public regulated utility
buildings and structures necessary for the health, safety and general Nyelfare of the community ".
When abutting a residential use in any residential use district, the property is screened and
landscaped in compliance with § 1201.03, S'ubd. 2.g. of this chapter;
The applicant indicates that the proposed site plan Nyill impact approximately 50 trees on the site,
most of Nvhich are cottonNyood or ash trees. The trees that Nyould be impacted are either
undesirable trees or trees that Nsill likely have to be removed over the next 6 -8 years due to
disease. The applicant proposes landscaping along the Third Avenue side and along the Christmas
Lake Road side of the property. The landscape plan shoNys a retention pond Nyill be built to the
north of the proposed facility to handle runoff from the neNy hardcover that Nsill be placed on the
property.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
April 7, 2015
Page 5of9
2. The provisions of § 1201.0=1, Subd. 1.d. (1) are considered and satisfactorily met.
This section of the Code is essentially a "catch all" related to compliance with the Shorewood
Comprehensive Plan and ensuring compatibility with the surrounding area. MCES' proposal is
considered to be a significant improvement over the existing conditions.
MCES has requested that the zoning provision requiring perimeter curbing around the parking lot be
Nvaived. The City Engineer does not recommend doing that. The Nvaiver would require a variance; the
applicant has not submitted an application for that.
Nielsen noted that staff recommends the C.U.P. for MCES be granted subject to recommendations
discussed above and to those of the City Engineer. The applicant has requested that instead of requiring a
cash escrow or letter of credit to ensure completion of necessary improvements, an agreement to that
effect be executed. The Citv Attornev has been asked to comment on this issue and advise Staff whether
conditions in the C.U.P. and on the sale of the property are adequate to guarantee completion of
improvements (parking and landscaping).
Commissioner Maddy asked about the process for local units of government trading property. Will there
be a cash exchange? Director Nielsen stated the City has been told there will be. The County has given
the city a copy of the process it has to follow to acquire the property and the City's attorney is reviewing
that.
Chair Geng noted that MCES' project description states "Un- needed piping and structures will be
removed or abandoned." He asked Director Nielsen is there is any concern about piping possibly being
abandoned on that site. Nielsen explained it is not unusual for that to be done. The new pipe will be in the
vicinity of the existing pipe and the old pipe will basically be emptied.
Commissioner Bean asked if the project is limited to the lift station or will there be piping that needs to be
run that will impact streets.
Dan Fick, with MCES and the project manager for this project, explained MCES will build two new
discharge pipes that will come out of the lift station cross Highway 7 and connect to a larger pipe MCES
has along /under Excelsior Boulevard. This project is somewhat related to the MCES Excelsior Boulevard
Forcemain Project that is in progress. The plan is to include extension of an 8 -inch Nvatermain at the end
of the existing Nvatermain and ending with a hydrant at the end of the intersection of Third Avenue and
Christmas Lake Road. Commissioner Bean asked if that will impact the residents whose properties abut
those roadways. Will those roadways be impacted? Mr. Fick stated they will. He explained MCES will
remove the street, install the necessary utilities and reconstruct the street.
Mr. Fick noted that if this C.U.P. does not get approved there will not be a project. He explained that if
the C.U.P. is granted then the preliminary plans MCES' consultant has prepared will be developed into
biddable plans. Details about the Nvatermain are not in the preliminary plans. Pending the outcome of the
C.U.P., the Nvatermain and roadway work will be added to the biddable plans.
Director Nielsen clarified the pipework does not require a C.U.P. or City approval because it is within
existing right -of -N av (ROW) or easements. The facility is what requires a C.U.P. The removal of the
streets and reconstruction of the streets is done through a permit process. MCES will pay for all of that.
Chair Geng stated it appears there are some significant trees in the vicinity of where the new pipe will be
laid along Christmas Lake Road. He asked if they will be impacted by the new pipeline. Mr. Fick
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
April 7, 2015
Page 6of9
explained the intent is to hug as close as possible to the tree line and the new pipe will be located as close
as possible to the existing pipe. There will be some impact to the trees; it will be kept to what is
absolutely necessary. Geng asked if any trees will be lost or is it too early to tell. Mr. Fick stated the
Demolition Plan lists the various trees, their types and their sizes. Director Nielsen noted that a lot of the
trees are Cottonwood or Ash. Cottonwood Trees are not protected trees under the City's Code. The Ash
Trees are likely to be gone in the next 7 — 10 Nears an- -N-,-a -,T.
Commissioner Maddy asked how deep the new forcemain will put in and if it will be put in with
horizontal drilling or trench and cover. Mr. Fick explained they will be open cut and that there will be a
tunnel drilled under Highway 7. He clarified on the site it will open cut. The pipe will be approximately 7
feet deep.
Mr. Fick stated that this project will be similar to MCES' Forcemain Project but the pipe will be smaller.
In response to a question from Commissioner Bean regarding security of the proposed facility, Mr. Fick
stated some of its facilities are fenced off and others are not. Mr. Fick noted that fencing is often decided
by a city. He stated MCES will install fencing if the City wants and explained that fencing can collect
trash and not look pleasing. Bean commented that in the past the City used rough contract on some of its
facilities to try and make it more difficult to paint on. He asked if the windows on the facility were to
allow light in. Mr. Fick responded yes and noted they are not functioning windows. He thought the
windows would be polycarbonate.
Mr. Fick stated the actual building that will be built on this site may not have as many windows or be as
large as what are shown on the preliminary plans.
Commissioner Bean asked why MCES had asked to waive the requirement for curbing. Mr. Fick
explained it was about the ease of shedding water off of the site and noted that MCES does not object to
installing curbing.
Commissioner Maddy asked what is underground with the lift station. Mr. Fick explained the electrical
equipment will be in the above ground building as shown on the Main Level Plan. There will be three
large submersible pumps under the grates. The mechanical system for the lift station will be in the
underground vault. Maddy then asked if the generator is oversized. Mr. Fick stated it is; it is what MCES
currently has. Maddy asked if MCES is still not peals saving at high usage electrical times. Mr. Fick stated
MCES is not doing that. Maddy went on to ask if MCES plans to have the wall lighting on around the
clock. Mr. Fick explained the wall lighting would be on a photocell and it would only come on when it
was darker outside. The light mounted on the pole would only be used when work had to be performed at
the facility at night. Maddy then asked if the wall lights could have motion sensors on them. Mr. Fick
explained that having the lights on at night tends not to attract inquisitive people; therefore, MCES'
preference is to have them on when it is dark out. The lights will be aimed in such a way that they will not
cast light to areas other than what they are trying to illuminate. Most of the lighting will be aimed
downward. Maddy suggested MCES consider having sensors because if the lights are always on
neighbors do not pay attention but if they come on periodically they may pay more attention.
Commissioner Bean asked Commissioner Maddy if he was concerned about light pollution to the
residents. Commissioner Maddy stated to some extent and noted that when there is no foliage on the trees
he would not like to live next to that facility. Bean noted there are three commercial properties across
Highway 7 that are lit up most of the time. Maddy stated if there is not a need for lighting then he
questioned why the lights would be on.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
April 7, 2015
Page 7of9
Chair Geng opened the Public Testimony portion of the Public Hearing at 8:32 P.M.
Steve Martin, 5750 Christmas Lake Road, noted he lives about three doors doN -,n from the site. He stated
his main concern had been if what is being proposed Nvill improve things aesthetically and it obviously
Nvill. He asked that the cutback of some of the existing trees be limited when possible because the foliage
tends to reduce some of the road noise from Highway- 7. He stated that periodically the generator is tested
to ensure it Neill work properly when needed. Mr. Fick stated the generator Nvill be relocated 50 feet back
from the roadwaN-. When it does run hopefully the residents Nvill hear it less. Mr. Martin noted that after
hearing the discussion this evening he and his Nvife support what is being proposed.
Chair Geng closed the Public Testimony portion of the Public Hearing at 8:34P.M.
Davis moved, Maddy seconded, recommending Council grant the conditional use permit to
Metropolitan Council Environmental Services to replace its lift station on the property located at
21445 State Highway 7.
Chair Geng suggested the motion be amended to state that the property be conveyed to Hennepin County
in the manner recommended by staff and that it be subject to the conditions identified in the City
Engineer's report dated March 26, 2015.
Without objection from the maker or seconder, the motion was amended to include the property be
conveyed to Hennepin County in a manner recommended by staff and subject to the conditions
identified in the staff report dated April 2, 2015, and the City Engineer's report dated March 26,
2015. Motion passed 510.
Chair Geng noted Council Nvill consider this application during its April 27, 2015, meeting.
Chair Geng thanked Mr. Fick for the great project description.
Mr. Fick asked if the property acquisition and the C.U.P. «vill occur concurrently rather than sequentially.
Director Nielsen stated staff has not given that much thought. Mr. Fick stated in the interest of the project
schedule he hopes the acquisition of the property and the project could follow separate tracks.
Mr. Fick asked if staff needs authorization from the Planning Commission to assign a new address to the
property the County Neill acquire. Director Nielsen responded that can be handled administratively.
Chair Geng closed the Public Hearing at 8:38 P.M.
3. DISCUSS OPEN MEETING LAW
Chair Geng noted that Attorney Keane came back for this discussion yet the Planning Commission
approved postponing this discussion.
Bean moved, Maddy seconded, adding the discussion of the Minnesota Open Meeting Law back on
the agenda. Motion passed 510.
Attorney Keane explained the Open Meeting Law (the Law) and answered the Planning Commissioners'
questions. The Planning Commissioners are appointed by Council and thereby bound by the Law when
conducting City business. They are expected to conduct their City business in this forum. He encouraged
the Commissioners to be mindful of the Law when considering talking about City business. He noted
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
April 7, 2015
Page 8of9
there are not many Open Meeting Law violations because they have to be brought as a claim in District
Court; in effect as law suit. He explained the first and second violations result in $300 fines. He clarified
the City is not responsible for paying any fine. The violator may end up paying the legal fees of the
person who made the claim. The fees are capped at $1,300.
Following are some of the noteworthy clarifications made by Attorney Keane.
There was discussion about the Minnetonka Country Club (MCC) Planning Advison-
Committee (PAC) for that redevelopment project. The project consultant uses a tool called
MindMixer to keep the public informed and to take comments and respond to them. Attorney
Keane stated that is a public forum. The Commissioners are members of the PAC. He
encouraged the Commissioners to be more of a consumer and observer of that process because
the Commission will assess the PAC's recommendations and make a formal recommendation to
Council. It was noted the PAC members were encouraged to talk to their neighbors about the
process and clarified communication among members is only a violation when it is done by a
quorum of the PAC.
Director Nielsen explained that when he receives an email about materials in a Planning
Commission meeting packet or gets asked questions about it he tends to send a reply to all of the
Commissioners. He asked if that is an issue. Attorney Keane stated if it becomes an iterative
email conversation that could be a gray area. That should take place in the public meeting.
Keane clarified that email communication about City business is public data. He also clarified
that the Commissioners have no duty to retain City related documents. He explained the City
Clerk is responsible for record keeping and that the City has a Document Retention Policy that
covers all forms.
Council Liaison Labadie stated that during a session for newly elected officials she learned that
any response should be directed to the City Clerk, Director Nielsen or the City Administrator
(for planning related items).
Attorney Keane explained that if for example, Council Liaison Labadie sent an email to
Commissioner Johnson and if she wanted that email to be part of the public documents then the
City Clerk should receive a copy of the email.
With regard to contact from constituents and site visits, Attorney Keane stated site visits are an
important part of what the Commissioners do and it is okay for them to gather information. They
should not express their opinions or observations with the property owner, developer or
developer's representatives. He encouraged the Commissioners to exercise wisdom and good
judgment.
There was a question about whether or not Commissioners or the City would be liable for a
developer's claimed loss of development potential if some of the Commissioners violated the
Law. Attorney Keane stated he is not aware of such a claim and noted that would be a long
reach. The claim would have to be about malice and the aggrieved would have to prove that.
Attorney Keane stated the League of Minnesota Cities provides a supplementary publication that
provides additional information. He ��ll send Director Nielsen a link to that and Nielsen can distribute
that to the Commission.
Chair Geng thanked Attorney Keane for his sharing his insights.
4. DETERMINE LIAISON TO COUNCIL SCHEDULE
Chair Geng stated the Planning Commission needs to establish Council Liaisons for the next five
months.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
April 7, 2015
Page 9of9
Council Liaisons Nvere selected as folloNved:
April 2015
Chair Geng
Mav 2015
Commissioner Davis
June 2015
Commissioner Maddv
Julv 2015
Commissioner Bean
August 2015
Commissioner Johnson
_5. MATTERS FROM THE FLOOR
There Nvere no matters from the floor presented this evening.
6. OLD BUSINESS / NEW BUSINESS
None
7. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there is a setback variance slated for the May 5, 2015, Planning Commission
meeting. There may also be a study session that evening.
Director Nielsen stated the discussion on land use during the Minnetonka Country Club (MCC) Planning
Advisory Committee (PAC) meeting just prior to this meeting Nvas verb good.
Commissioner Davis asked for an update on the trail schedule. Director Nielsen explained that oN -,ners of
six properties that Neill abut the SmithtoN -,n Road East sidewalk extension Neill be asked for easements.
They have all been contacted. The plans and specifications for the extension are about 90 — 95 percent
complete. The current plan is to start sometime in September 2015. Chair Geng asked what the
construction bidding environment is like this year. Nielsen stated he did not know yet.
8. REPORTS
• Liaison to Council
• SLUC
• Other
9. ADJOURNMENT
Maddy moved, Adjourning the Planning Commission Meeting of April 7, 2015, at 9:20 P.M. The
motion was seconded. Motion passed _5/0.
RESPECTFULLY SUBMITTED
Christine Freeman, Recorder
� #sa
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
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Title / Subject: MCES — Purchase of City -owned Property and Conditional Use Permit
Meeting Date: 27 April 2015
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Planning Director's Memorandum
Policy Consideration: Should the City sell the property located at the southwest quadrant of the
Christmas Lake Road /State Highway 7 intersection and issue a conditional use permit for a new sanitary
sewer lift station at that location.
Background: See attached Planning Director's memorandum for detailed background. The Planning
Commission held a public hearing on this matter at its April meeting and voted unanimously to
recommend approval of both the sale of the property and issuance of the C.U.P.
Financial or Budget Considerations: The City acquired the subject property several years ago through
tax - forfeiture. The public purpose for obtaining this land was for corrections to the Christmas Lake Road
intersection and for general drainage purposes. The intersection work was completed years ago and the
drainage /conservation easement recommended by city staff satisfies drainage concerns. We are
advised by Hennepin County that proceeds from the sale of the property may go to the City. As of this
writing, the value has yet to be determined.
Options: Sell the land to MCES and grant a CUP for the new lift station; sell only a portion of the land
and issue a CUP; grant an easement to MCES and issue a CUP for the lift station; or deny the CUP.
Recommendation / Action Requested: Subdividing only a portion of the property leaves the City with
an unusable parcel of land along with the liability of maintaining it. Staff recommends that the City's
best interests are served by selling the entire parcel and issuing the CUP per the Planning Commission's
recommendations.
Next Steps and Timelines: If agreeable to the Council, staff will schedule a public hearing for the first
Council meeting in May, at which time we will bring back a resolution approving the CUP.
Connection to Vision / Mission: Quality public services, healthy environment and sound financial
management.
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
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 2 April 2015
RE: MCES C.U.P. for Lift Station Facility
FILE NO.: 405 (15.04)
BACKGROUND
Metropolitan Council Environmental Services (MCES) currently operates a sanitary sewer lift
station at 21445 State Highway 7 (see Site Location map - Exhibit A, attached). The existing
facility is located on a permanent easement over property owned by the City of Shorewood: The ,
property was acquired through a tax forfeiture process for the purpose of making improvements
to the intersection of Christmas Lake Road and Highway 7 and for general drainage purposes.
MCES now proposes to replace its existing lift station, much of which is above - ground, with a
below - ground lift station and a small building for controls and a lavatory. The proposal is very
thoroughly described in Exhibit B, attached, and illustrated in Exhibit C. Since "governmental
and public regulated utility buildings and structures" in residential zoning districts are listed as
conditional uses in the Shorewood Zoning Code, MCES is requesting a conditional use permit,
pursuant to Section1201.10 Subd. 4.a. of the Code.
The subject property contains approximately 2.9 acres of land, much of which is occupied by
wetland. It is occupied by the MCES lift station, which includes the storage of a large portable
generator used by MCES. Once zoned for commercial use, the property in question was rezoned
to R -IA/S, Single- Family Residential /Shoreland when the City acquired it. Land uses and
zoning surrounding the site are as follows:
North: State Highway 7, then offices located in Excelsior and Greenwood; zoned
commercial
®�
I� ®�® PRINTED ON RECYCLED PAPER
Memorandum
Re: MCES C.U.P.
2 April 2015
West: Church located in Excelsior; zoned residential
South: Single - family homes; zoned R -lA/S
East: Single - family homes and the Christmas Lake Public Access; zoned R -lA/S,
MCES has requested an additional easement for their new facility as shown on Exhibits C -2 and
C -4, which would take up approximately one -half of the total site. As an alternative, they would
offer to acquire ownership of the entire parcel.
As illustrated in Exhibit C, the existing above - ground structure, located in the very southeast
corner of the site, would be replaced with a below - ground wet well and a small brick building
housing control equipment and a bathroom. The facility would be served by a new driveway and
a small parking lot, best illustrated on Exhibit C -8. To satisfy Watershed District requirements, a
small drainage pond will be constructed on the north side of the proposed building. The building
measures 13.4' x 20', about the size of a single -car garage. Plans for the building are included in
Exhibits C -10 and C -11. A photo of the type of building proposed is shown on Exhibit B -6.
ANALYSIS/RECOMMENDATION
A. Zoning. The proposed site plan for the property complies in all respects with R -IA/S
zoning requirements. The new facility meets or'exceeds the 50 -foot front and side -yard-
abutting -a- street requirements. Impervious surface resulting from the project will be
approximately four percent of the total land area. The proposed use of the property is
regulated by Section 1201.10 Subd. 4.A., which contains two criteria for "governmental
and public regulated utility buildings and structures necessary for the health, safety and
general welfare of the community ":
1. When abutting a residential use in any residential use district, the property is
screened and landscaped in compliance A,ith § 1201.03, Subd. 2.g. of this chapter;
The applicant indicates that the proposed site plan will impact approximately 50 trees
on the site, most of which are cottonwood or ash trees. Exhibit C -8 shows the
applicant's plan for tree replacement and screening. It is worth noting that the trees
that are impacted are either undesirable trees or trees that will likely have to be
removed over the next 6 -8 years due to disease. In addition, what is currently a
somewhat unkempt facility very near the corner will be moved back from the street.
The current corner location will be restored.
2. The provisions of § 1201.04, Subd. 1. d. (1) are considered and satisfactorily met;
This section of the Code is essentially a "catch all" related to compliance with the
Shorewood Comprehensive Plan and ensuring compatibility with the surrounding
area. In this regard, the proposal is considered to be a significant improvement over
the existing conditions.
-2-
Memorandum
Re: MCES C.U.P.
2 April 2015
The applicant has requested that the zoning provision requiring perimeter curbing around
the parking lot be waived. As noted in the City Engineer's memorandum — Exhibit D,
staff does not recommend such a "waiver ". This would require a variance, for which no
application has been submitted.
B. Easement vs Ownership. Staff recommends that the applicant acquire ownership of the
entire parcel, deeding back a drainage and utility easement over the wetland area and the
necessary piping for the Christmas Lake overflow mentioned in the City Engineer's
report. Transfer of the ownership should be subject to the City Attorney's direction.
It is recommended that the conditional use permit for MCES be granted subject to
recommendations herein and those of the City Engineer. The applicant has requested that
instead of requiring a cash escrow or letter of credit to ensure completion of necessary
improvements, an agreement to that effect be executed. We have asked the City Attorney to
comment on this issue and advise us whether conditions in the C.U.P. and on the sale of the
property are adequate to guarantee completion of improvements (parking and landscaping).
Cc: Bill Joynes
Tim Keane
Paul Hornby
Larry Brown
Bryce Pickart
-3-
PROJECT DESCRIPTION
The project consists of removing the existing underground MCES Sanitary Sewer Lift Station L18,
located at the intersection of Christmas Lake Road and Third Avenue, and replacing it with a new
facility on the city -owned parcel at 21445 State Hwy No 7, Shorewood, MN 55331 (PID
3511723130010).
Existing Lift Station
The original facility constructed in the early 1970s consists of a precast concrete wet well,
prefabricated steel lift station structure and above ground backup generator. The above - ground
equipment such as electrical boxes and lift station entrance will be removed. Un- needed piping
and structures will be removed or abandoned. Needed subsurface structures and piping will
remain in service. The generator will be relocated to the new site.
New Lift Station
The new lift station consist of a below ground wet well and valve vault with an above - ground
structure for controls and lavatory. A new asphalt driveway will be constructed from Third
Avenue to the west side of the lift station. The existing generator from the existing lift station will
be relocated for use with the new lift station. A storm water pond will be constructed north of the
lift station. All areas disturbed during construction will be restored, re- forested, and landscaped.
Forcemain for the New Lift Station
The existing 8 -inch forcemain, which runs along the west side of Christmas Lake Road to
Excelsior Blvd in Greenwood, will be realigned to serve the new lift station. A second 8 -inch
forcemain will be installed parallel to the existing 8 -inch forcemain in order to provide improved
system reliability.
Utility Services for the New Lift Station
The new lift station will require a 1.5 -inch water service from the City of Excelsior's 8 -inch
watermain located in Third Avenue approximately 70 feet west of the Shorewood City. The City
of Excelsior has been contacted regarding this service extension and has no objection to it.
ZONING
The lift station project is located in a Single - Family Residential (R -1A) zoning district. The lift station is a
government facility. Governmental and public regulated utility buildings and structures are allowed in
Single - Family Residential (R -1A) zoning district by a Conditional Use Permit (1201.10, Subd 4a).
PROPERTY OWNERSHIP (1201.03 Subd 2c)
The existing MCES lift station is located on a permanent easement on a city -owned parcel (PID
3511723130010). This city -owned parcel is a tax forfeiture property which has been conveyed to the
City of Shorewood by Hennepin County under a conditional use deed. The stated use on the deed is
"relocation of Christmas Lake Road and its interception with Highway 7 to improve the safety of the
intersection." MCES proposes to acquire additional permanent easement for the new lift station from
the City of Shorewood. The permanent easement area is approximately 166' by 250' (approximately 1.4
acres) as shown on the Easement Exhibit. Alternatively, MCES would be willing to acquire the entire
parcel from the city if the city prefers.
According to Hennepin County tax - forfeit property rights can be transferred in three ways:
Exhibit B
APPLICANT'S PROJECT NARRATIVE
Page - 3 1 February 27, 20151 METROPOLITAN COUNCIL
• Through an administrative process, ownership can be transferred to another eligible entity or an
easement can be granted.
• Through the legal process, eminent domain can be employed to convey either easements or
ownership.
Whichever process is preferred by the city, MCES requests that this CUP application be processed
concurrently with the acquisition process.
BUILDING AND SITE (1201.03, Subd. 4, 1201.10 Subd 4)
• Building location
As shown on the Site and Utility Plan, the building and site layout meet the requirements of City Code
1201.03 Subd 5 for R -1A zoning and Subd 6c for number and location of buildings. The entrance has
been located in Third Avenue as requested by city staff. The building location meets the all setback
requirements.
Parking and Loading (1201.03, Subd. 5 and 6)
As shown on the Site and Utility Plan, the parking area will be wide enough for three 10 feet x 23 feet
perpendicular parking spaces. Since the proposed facility will not allow public parking MCES requests
that MCES requests that the requirements for perimeter curbing and striping be waived.
No on- street parking, off -site parking, or loading berths are proposed.
Lot Area and Setbacks (1201. 10, Subd 5)
As shown on the Easement Exhibit, the easement area is approximately 250 feet x 250 feet (61,668
square feet) which meets the minimum requirements below.
a. 40,000 square foot minimum;
b. 120 foot minimum width
c. 150 foot minimum depth
As shown on the Site and Utility Plan, the building setbacks meet the following requirements:
a. Front yard setback (from 3rd Avenue) is 50 feet
b. Rear yard (Highway 7) is greater than 50 feet;
c. Side yard setbacks exceed 10 feet on the west side (abuts city property) and 50 feet on the east
side (abuts Christmas Lake Road).
The Site and Utility Plan and Main Level Plan show the location and size of all existing and proposed
structures_ . In.addition, the Easement Plans shows the easements and encroachments crossing the
property.
Building height (1201.10, Subd 6)
Building height is shown on Exterior Elevations. The eave height is 10 feet from ground level to the
soffit and the roof height is 13 feet from ground level to the peak. The building height meets the
following requirements:
a. Less than two and one -half stories
b. Less than 35 feet high
Page - 4 1 February 27, 2015 1 METROPOLITAN COUNCIL
Signage (1201.03, Subd. 11)
Signage consisting of an address sign and site identification sign, both conforming to 1201.03 Subd
11 e, are proposed. For the benefit of emergency services MCES requests the City of Shorewood
assign a Third Avenue address for the new Lift Station as part of the project development process.
• Drainage and Wetlands (1201.03, Subd. 2e and 11)
The Grading and Drainage Plan were submitted for review via email to the City Engineer on February
18, 2015. The on -site wetland (Manage 2 Classification) boundaries have been delineated and are
shown on the Grading and Drainage Plan. The site has been designed to avoid impacts to on -site
wetlands. MCES applied for a Minnehaha Creek Watershed District (MCWD) storm water permit on
February 12, 2015 and will comply with the terms of the permit. The watershed requires a drainage
pond as shown on Grading and Drainage Plan. No portion of the site is in the 100 year floodplain.
The existing drainage pipe running through the property shown on the Grading and Drainage Plan will
remain in service and will be protected from damage during construction.
Fencing and screening (1201.03, Subd. 2f)
As shown on in the Landscaping Plan a row of four, six -foot tall spruce trees is proposed for screening
of the backup generator. This fence is approximately 75 feet (minimum of 8 feet) from the nearest
property line and is located in the rear yard area of the site.
In accordance with requirement (9)b(ii), fencing material will be 6 feet high and constructed of
alternating wood slats spaced less than 6 inches apart. Although the screening will not create a
complete enclosure, a gate will be furnished .
MCES requests that the construction permit for the fence be included in the overall building permit for
the project.
Screening and Landscaping (1201.03, Subd. 2g)
Since the project is in a residential district the screening and landscaping requirements of City Code
1201.03 Subd 2g will be met.
As shown on the Landscape Plans, the disturbed areas of the site will be restored and re- forested in
accordance with the tree preservation ordinance. A cluster of coniferous trees will be used to screen
the generator from Third Avenue. The trash dumpster will be screened with a 6' high wood fence in
accordance with city requirements.
No vegetation in excess of 30" in height will be placed in the intersection triangle per 1201.03, Subd.
2h.
• Tree preservation and Re- forestation (1201.03, Subd 2g)
Construction is anticipated to impact approximately 50 trees. These are all either cottonwood or green
ash. The site has been laid out to avoid impacts to significant trees. Removed trees will be replaced in
accordance with tree preservation ordinance. Since there are many trees on the site, reforestation will
occur at the maximum rate of 8 trees per acre. This equates to approximately 12 trees within the 1.4
acre site. See Landscape Plan for planting locations.
Page - 5 1 February 27, 2015 1 METROPOLITAN COUNCIL
• City Services (1201.04, Subd 1 d(d))
The new lift station will require a 1.5" city water service. Since Shorewood does not serve this part of
the city with watermain, the service will be extended from the City of Excelsior's watermain in 3rd
Avenue (approximately 300 feet to the west). MCES has contacted the City of Excelsior regarding the
extension of water service to the site and they support the service extension (see Site and Utility Plan).
MCES is willing to include construction of city watermain as part of this project through a cooperative
construction agreement. Such an agreement would need to be executed prior to bidding. MCES would
also need Shorewood and Excelsior to provide specific designs and details for the work, including
service sizes and locations. MCES would accept responsibility for acquiring the MDH permit for the
watermain extension.
Architectural Design (1201.03, Subd 4, 7)
The Exterior Elevations and Example photograph illustrate the exterior wall colors and finishes for the
proposed building. The materials, colors, and roof line were selected to be complimentary to the
residential setting and nearby neighborhood.
The existing backup generator will be relocated for re -use to a new location approximately 50 feet from
the roadway. It will be screened as described in the Screening and Landscaping subsection above.
No roof -top equipment is proposed as part of the project.
MITIGATION MEASURES FOR POTENTIAL IMPACTS (1201.03, Subd 2, 1201.04, Subd 1d(1))
• Glare (1201.03, Subd. 2i)
Site lighting will consist of two security lights mounted on the south and west walls of the building.
These will be aimed to minimize glare beyond the property. A pole- mounted work light will also be
installed for use in case of emergency night work. It will be manually operated and only lit when
needed. As shown on the Site Photometric Plan the lighting glare leaving the site has been minimized.
• Dust, Smoke and Odor (1201.03, Subd. 2j, k, 1)
Upon completion of construction, the proposed facility will not generate dust or smoke. MCES has
received no odor complaints at the existing facility. Therefore, since the new facility will be set back
further from the street that the existing facility; no odor issues are anticipated.
Noise (1201.03, Subd. 2m)
MCES has received no noise complaints at the existing facility. Little or no additional noise emissions
are anticipated for the new facility. The pump motors will be underground and HVAC equipment will be
internal. The same backup generator will be used and its new location will be further back than its
existing location.
IM
Page - 6 1 February 27, 2015 1 METROPOLITAN COUNCIL
• Trash (1201.03, Subd. 2n -s)
MCES has an existing contract for weekly trash pickup. The proposed facility will be serviced through
this contract.
• Hours of Operation (1201.03, Subd. 2t)
Except in the case of emergency, the proposed facility will be serviced between the hours of 7:00am
and 4:00pm.
• - Impervious Surface (1201.03, Subd. 2u )
The proposed facility will add approximately 4,800 sf of impervious surface to the site. All impervious
surfaces from the existing site will be removed and restored. Using the proposed easement area of
62,000 sf the ratio of impervious area to lot area is approximately 8 %.
MCES has applied for a Minnehaha Creek Watershed District (MCWD) storm water permit. See
Drainage and Wetlands subsection above.
• Traffic (1201.04)
The site will not generate any additional traffic. Vehicle parking areas will move from the unpaved
roadside currently used to a paved parking area about 50' from the street. The driveway has been
located on 3rd Avenue to avoid impacts to Christmas Lake Road.
PROJECT SCHEDULE
The following is MCES schedule for the project:
• Design — Plans & Specifications — 2015
• Start Construction — Spring 2016
• Complete Construction — Fall 2017
B -5
Page - 7 1 February 27, 20151 METROPOLITAN COUNCIL
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1156
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GREEN ASH
NO
NO
2
1155
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GREEN ASH
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NO
3
1154
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BOX -ELDER
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NO
4
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NO
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1161
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14
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30
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31
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City of Shorewood Tree Replacement Policy
Tree Replacement
Significant IIees Rollo
Hardwood Ceciduous Two 3" Caliper
8" DBH OR GREATER Deciduous Trees or
Two 6 coniferous
Trees
Hardwood & Softwood Deciduous
Three 3" Calier
12" DBH or Greater p
Deciduous Trees or
Three Conlfwou; Trees
Conifero VS Tree 6' to Less than 17 One 6' Coniferous
Tree
Conifero us Tree 12' or Higher Two 6' Coniferous
Trees
`DBH - Diameter at breast height
'Box - cider, Cottonwood, and W Ilow Trees shall not be consdered to be signtficanf trees.
'Green Ah & Elm trees are considered to be softwood.
'In no case will the total number of replacement hoes exceed eight (8) trees per acre.
Easement Area= 61,66B.,-S .Ft. /1.41./- Acres = 112812 Re IammentTrees
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TREE PROTECTION BARRIERS:
1. ACTIVE PROTECTIVE TREE (FENCING) SHALL BE INSTALLED ALONG THE OUTER EDGE OF AND COMPLETELY SURROUNDING THE
CRITICAL ROOT ZONES OF ALL SPECIMEN TREES OR STANDS OF TREES, OR OTHERWISE DESIGNATED TREE PROTECTIVE ZONES,
PRIOR TO ANY CONSTRUCTION.
2. FENCES SHALL BE A MINIMUM FOUR FEET (4� HIGH. ORANGE POLYETHYLENE LAMINAR SAFETY FENCING IS ACCEPTABLE.
ALL TREE PROTECTION ZONES SHALL BE DESIGNATED AS SUCH WITH "TREE SAVE AREA" SIGNS POSTED VISIBLY ON ALL SIDES OF
3. THE FENCED AREA. THESE SIGNS ARE INTENDED TO INFORM SUBCONTRACTORS OF THE TREE PROTECTION PROCESS. SIGNS
REQUESTING SUBCONTRACTOR COOPERATION AND COMPLIANCE WITH TREE PROTECTION STANDARDS ARE RECOMMENDED
FOR SITE ENTRANCES.
ALL TREE FENCING BARRIERS MUST BE INSTALLED PRIOR TO AND MAINTAINED THROUGHOUT CONSTRUCTION AND SHALL NOT BE
4. REMOVED UNTIL COMPLETION OF CONSTRUCTION AND AFTER LANDSCAPING IS INSTALLED.
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REVISIONS
TREE PROTECTION NOTICE:
1. CONTACT THE CITY PLANNING DEPT. AT (952) 474-3236 TO ARRANGE A "____ '
__ _ CPT L -1891
PRECONSTRUCTION CONFERENCE WITH THE CITY ZONING - I - - N = 140423.91
ADMINISTRATOR PRIOR TO ANY LAND DISTURBANCE, _ F-- -`' F - "
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2. ALLTREE PROTECTION MEASURES SHALL BE INSTALLED PRIORTO
CONSTRUCTION. t •�\��
3. CONTACT THE CITY -5 11ds
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INSPECTION UPON COMPLETION OF LANDSCAPE INSTALLAT ION.
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LIFT STATION L18
R -1A ZONING, SINGLE - FAMILY RESIDENTIAL DISTRICT REQUIREMENTS
Description
Required
Permanent Easement (Provided)
Lot Area
Not Less than 40,000 SF
61,668 + / -SF
Lot Width
Not Less than 120 FT
215 FT
Lot Depth
Not Less than 150 FT
240 FT
Front Yard Setback
Not Less than 50 FT
50 FT
Rear Yard Setback
Not Less than 50 FT
195 FT
Side Yard Setback
Not Less than 10 FT 50 FT Abutting Street
85 FT
Building Height
Noo structure shall exceed rivo one -half
stries or 35 FT, whichever Is least
One Story, 15 to 20 FT in Height
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933 932 -- I` LIFT STATION
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DETENTION
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TREES
BOTANICAL NAME / COMMON NAME
CONT
QTY =
WB
Betula populifolia ' Whitespire' / Whitespire Birch (Multi -Stem)
12' ht clump
2 --
TL
Gleditsia triacanthos inermis / Thornless Common Honeylocust
3" B&B
1 - -
AE
Ulmus'Morton' Accolade / Accolade Elm
3" B &B
1
ABM
Acer freemanii 'Autumn Blaze' / Autumn Blaze Maple
3" B &B
1
BHS
Picea glauca ' Densata' / Black Hills Spruce
6' ht
4 Ah,
PIN
Pinus ponderosa / Ponderosa Pine
6' ht
3
SHRUBS
BOTANICAL NAME / COMMON NAME
CONT
QTY
VL
Viburnum lentago / Nannyberry
#5
11
26 - 12" RCP @ 7.6945
INV. 932,0 �
DETENTION POND SECTION
NO SCALE
W BENCH
INVERT 934.5
-INV. 934.0
934.0
LEGEND:
® 34 -261 RIPARIAN EDGE SOUTH & WEST (SEED MIX)
MAINTENANCE STRIP, SEE DETAIL D /L2
GENERAL NOTES:
1. CONTRACTOR RESPONSIBLE TO VERIFY THE EXACT LOCATION AND DEPTH OF ALL UTILITIES PRIOR TO COMMENCING WORK.
CONTACT GOPHER STATE ONE CALL 1-800- 252 -1166 OR 651954 -0002.
2, COORDINATE TURNOVER OF MAINTENANCE AND WATERING RESPONSIBILITIES TO FACILITY STAFF AT PROJECT FINAL
ACCEPTANCE.
3. STEEL LANDSCAPE EDGE RESTRAINT IS REQUIRED TO DEFINE THE EDGES BETWEEN ROCK MULCH AND GRASS AREAS.
4. ALL PLANT MATERIALS SHALL BE INSTALLED TO AVOID CONFLICTS WITH DRAINAGE SWALES, POORLY DRAINED AREAS, ALL
UTILITIES STRUCTURES AND EXISTING TREES TO REMAIN.
S. PLACE MINIMUM DEPTH OF 12" SELECT TOP SOIL BORROW IN SHRUB AND PERENNIAL PLANTING AREAS.
6. VERIFY THAT GRADING AND CONSTRUCTION HAVE BEEN COMPLETED IN THE IMMEDIATE VICINITY PRIOR TO INSTALLING
PLANT MATERIAL.
7. IF THE NUMBER OF PLANTS SHOWN ON THE PLAN DIFFERS WITH THE NUMBER SHOWN ON THE PLANT SCHEDULE, THE PLAN
WILL TAKE PRECEDENCE. CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL QUANTITIES.
8. DAMAGE TO PROPERTY OR OTHER WORK RESULTING FROM THE LANDSCAPE WORK MUST BE REPAIRED AT NO COST TO THE
OWNER.
9. PLACE MINIMUM DEPTH OF 4" SALVAGE TOP SOIL IN ALL SEED AREAS.
10. NATIVE SEED MIX TO BE INSTALLED PER METHOD 1 (DROP SEEDING ONTO TILLED SITES) OF THE 2014 MN/DOT SEEDING
MANUAL AND THE PROJECT SPECIFICATIONS,
11. PATCH AND REPAIR NATURALIZED VEGETATION AREAS DISTURBED 8Y CONSTRUCTION WITH 34-211 WOODLAND EDGE
SOUTH & WEST SEED MIX.
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DO NOT HEAVILY PRUNE THE TREEAT PLANTING. PRUNE ONLY CRO55OVER LIMBS,
CO- DOMINANT LEADERS AND BROKEN OR DEAD BRANCHES, SOME INTERIOR TWIGS
AND LATERAL BRANCHES MAY BE PRUNED; HOWEVER 00 NOT REMOVE THE TERMINAL
BUDS OF BRANCHES THAT EXTEND TO THE EDGE OF THE CROWN.
STAKE TREES ONLY AS SPECIFIED AT THE DIRECTION OF LANDSCAPE ARCHITECT
WRAP TREE TRUNKS AS SPECIFIED. MARKTHE NORTH SIDE OF THE TREE IN THE
NURSERY, AND ROTATE TREE TO FACE NORTH IN THE FIELD.
SET TOP OF ROOT BALL FLUSH TO GRADE OR 1 -2 N. HIGHER IN SLOWLY DRAINING
SOILS.
CONTRACTOR IS RESPONSIBLE FORTESTNG PERCOLATION RATES PRDRTO
PLANTING. NOTIFY LANDSCAPE ARCHITECT OFANY POTENTIAL DRAINAGE ISSUES
PRIOR TO FINAL PLANTING. INSTALL APPROVED DRAINAGE MATERIALS AS DIRECTED.
ADD MYCORRIZAL TRANSPLANT INOCULANT AT PLANTING TIME PER MANUFACTURER'S
DIRECTIONS.
IF PLANT IS SHIPPED WITH A CONTAINER AROUND THE ROOTBAI^ SLICE SIDES OF
CONTAINER AND REMOVE COMPLETELY. USE FINGERS OR SMALL HAND TOOLS TO
PULL ROOTS OUT OF THE OUTER LAYER OF POTTING SOL, THEN OUT OR PULL APART
ANY CIRCLING ROOTS.
TO IMPROVE TRANSPLANTING SUCCESS THE FOLLOWING VARIETIES SHOULD BE
SPRING PLANTED ONLY: PINE, OAK, MAPLE, HONEYLOCUST AND CRABAPPLE.
PRUNE BRANCHES TO A MINIMUM OF V TO ALLOW FOR A CLEAR SIGHT
DISTANCE..
PROVIDE GRAVEL FILLED DRY WELL FOR POORLY DRAINED SOILS AS DIRECTED
BY THE LANDSCAPE ARCHITECT.
ice•.
BALLED AND BURLAPPED TREE
DURING THE SPRING PLANTING SEASON, ANY
EVERGREEN PLANT DELIVERED WITH NEW GROWTH
IN ADVANCE STAGE OF CANDLING OUT WILL BE
REJECTED. EVERGREEN TREES NOT FULLY
a
BRANCHED FROM BOTTOM TO TOP WILL BE
REJECTED AND THOSE WITH TERMINAL LEADERS
EXCEEDING 300 MM (120 IN LENGTH WILL ALSO BE
r% c
REJECTED
STAID: TRIES ONLY AS SPECIFIED AT THE
6:79
DIRECTION OF LANDSCAPE ARCHITECT
Q
MARK THE NORTH SIDE OFTHETREE IN THE
NURSERY, AND ROTATEi
TREE TD FACE NORTH IN THE FIND
SETTOP OF ROOT BALL FLUSH TO GRADE OR 1 -21N.
HIGHER IN SLOWLY DRAINING SOILS.
MYCORRHIZAL. TRANSPLANT INOCULANT TO BE
ADDED AT PLANTING TIME PER MANUFACTURER'S
7
DIRECTIONS.
OTYPICAL EVERGREEN TREE PLANTING
NO SCALE
2/t(Lf15 cumoRB.LSEmmmTTAL
REVISIONS REVISIONS
SET TREE PLUMS AND MAINTAIN THROUGHOUT WARRANTY PERIOD
REMOVE ALL FLAGGING AND LABELS.
EACH TREE MUST BE PLANTED SUCH THAT THE ROOT FLARE IS
VISIBLE AT THE TOP OF THE ROOT BALL. TREES WHERE THE ROOT
FLARE IS NOT VISIBLE SHALL BE REJECTED. DO NOT COVER THE
TOP OF THE ROOT BALL WITH $OIL. ROOT BALLS DELIVERED WITH
THE ROOT FLARE MORE THAN 4' BELOW THE TOP OF THE BALL WILL
BE REJECTED.
MULCH AS SPECIFIED, DO NOT PLACE MULCH IN CONTACT WITH
TREE TRUNK, MAINTAIN THE MULCH WEEDfREE FOR THE DURATION
OF THE WARRANTY PERIOD. PLACE MULCH WITHIN 4B HOURS OF
SECOND WATERING. MULCH SHALL BE INCIDENTAL TO PROJECT.
DIG HOLE 3x ROOT RALL DIA. OR AS SPECIFIED FOR SOIL CONDITION
ENCOUNTERED WITH TAPERED SIDES. SCARIFY THE SIDES AND
BOTTOM OF THE HOLE BEFORE PLAGNG THE TREE IN THE PLANTING
HOLE. 9ACKFILL 213 WITH MODIFIED PLANTING SOIL AS SPECIFIED
FOR THE SPECIFIC SOIL CONDITION ENCOUNTERED AND WATER
THOROUGHLY WITHIN 2 HOURS. BACKFILL REMAINING 113 WITHIN 48
HOURS AND CONSTRUCT 4' HIGH EARTH SAUCER BEYOND EDGE OF
ROOT BALL AND WATER THOROUGHLY.
REMOVE ALL TWINE, ROPE AND WIREBASKET AND BURLAP FROM
TOP 113 OF ROOT BALL OR TO 2ND RING OF WIRE BASKET,
WHICHEVER IS GREATER. REMOVE ALL PLASTIC WRAP OR ROPE
FROM ENTIRE SALL
PLACE ROOT BALL ON FIRM UNEXCAVATED OR TAMPED SOIL.
TAMP SOIL AROUND BASE OF ROOT BALL FIRMLY WITH FOOT
PRESSURE SO THAT ROOT SALL DOES NOT SHIFT.
SPACE TREES ACCORDING TO PLANS.
SET TREE PLUMB AND MAINTAIN THROUGHOUT WARRANTY PERIOD
EACH TREE MUST BE PLANTED SUCH THAT THE ROOT FLARE IS
VISIBLEATTHE TOP OF THE ROOT BALL. TREES WHERE THE ROOT
FLARE IS NOT VISIBLE $HALL SE REJECTED. DO NOT COVER THE
TOP OF THE ROOT BALL WITH SOIL. ROOT BALLS DELIVERED WITH
THE ROOT FLARE MORE THAN 4' BELOW THE TOP OF THE BALL WILL
BE REJECTED.
MULCH AS SPECIFIED, DO NOT PLACE MULCH IN CONTACT WITH
TREE TRUNK, MAINTAIN THE MULCH WEED -FREE FORTHE DURATION
OF THE WARRANTY PERIOD. PLACE MULCH WITHIN 48 HOURS OF
SECOND WATERING.
DIG HOLE 2x ROOT BALL DIA SCARIFY THE SIDES AND BOTTOM OF
THE HOLE BEFORE PLACING THE TREE IN THE PLANTING HOLE.
RACKFILL WITH MODIFIED PLANTING SOILAS SPECIFIED AND
CONSTRUCT 4' HIGH EARTH SAUCER BEYOND EDGE OF ROOT BALL
WATER THOROUGHLY WITHIN 2 HOURS.
REMOVE ALL TWINE, ROPE AND WIRLEAWU AND SAW FROM TOP L/3
OF ROOT SAW. OR TO 2ND RING OF WIRE BASKET WHICHEVER IS
GREATER REMOVE ALL PLASTIC WRAP OR ROPE FROM ENTIRE B .ALL.
PLACE ROOT BALL ON UNEXCAVATED OR TAMPED SOIL
TAMP $OILAROUND ROOT BALL BASE FIRMLY WNH FOOT PRESSURE
SO THAT ROOT BALL DOES NOT SHIFT.
PROVIDE GRAVEL FILLED DRY WELL FOR POORLY DRAINED SOILS AS
DIRECTED BY THE LANDSCAPE ARCHITECT.
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IF PLANT IS SHIPPED WITH A
CONTAINER AROUND THE FOOTBALL,
SLICE SIDES OF CONTAINER AND
REMOVE COMPLETELY. USE FINGERS
OR SMALL HAND TOOLS TO PULL
ROOTS OUT OF THE OUTER LAYER OF
POTTING SOIL, THEN CUT OR PULL
APARTANY CIRCLING ROOTS.
REMOVE ALL ROPE, TWINE AND
BURLAP FROM TOP HALF OF ROOT
SALL FROM BBB SHRUBS.
DO NOT HEAVILY PRUNE AT
PLANTING. PRUNE ONLY BROKEN OR
DEAD BRANCHES, RETAINING
NATURAL FORM.
DURING THE SPRING PLANTING
SEASON, ANY EVERGREEN SHRUB
DELIVERED WITH NEW GROWTH IN
ADVANCE STAGE OF CANDLING OUT
WILL BE REJECTED.
SET TOP OF ROOT BALL FLUSH TO
GRADE OR 1-21N. HIGHER IN SLOWLY
DRAINING SOILS. ADD MYCORRHIZAL.
TRANSPLANT INOCULANi AT
PLANTING TIME PER
MANUFACTURER'S DIRECTIONS.
SPACE PLANTS ACCORDING TO PLANS
OCONTAINER GROWN PLANT AND BED PREPARATION
NO SCALE
T -4'
VARIES / —FACE OF BUILDING
NATIVE GRASSES, TYP.
2%
STEEL EDGING:
12 GAUGE, 4" DEPTH,
TOP OF EDGING 1/2" ABOVE
FINISHED GRADE, COLOR BLACK
- ll 1 14,u 4 ,, `
STEEL ANCHORING STAKES:
12" LENGTH, 4 STAKES PER
EACH 10'
OROCK MULCH MAINTENANCE STRIP
D NO SCALE
802854
2854L00002
4" DEPTH LANDSCAPE ROCK:
1 -1/2" DRESSER TRAP ROCK
LANDSCAPE FABRIC,
AS SPECIFIED
COMPACTED OR
UNDISTURBED SOIL
LIFE STATION U8
PLANTING DETAILS
MULCH AS SPECIFIED.
DO NOT PLACE MULCH
IN CONTACT WITH THE
PLANT. MAINTAIN THE
MULCH WEED -FREE
FORTHE DURATION
OF THE WARRANTY
PERIOD. PLACE
MULCH WITHIN 48
HOURS OF SECOND
WATERING.
DIG HOLE 3x ROOT
BALL DA. SCARIFY
THE SIDES AND
BOTTOM OF THE HOLE
BEFORE PLACING THE
SHRUB IN THE
PLANTING HOLE,
BACKFILL WITH
MODIFIED PLANTING
SOIL AND ADD ANY
SOILAMENDMENTS
OR FERTLVERS AS
SPECIFIED AND
CONSTRUCT 3' HIGH
EARTHSAUCER
BEYOND EDGE OF
ROOT BALL WATER
THOROUGHLY WITHIN
2 HOURS,
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REVISIONS
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PROPOSED UTILITY EASEMENT
Legal Description of Property
(Abstract property)
Lot 145, AUDITOR'S SUBDIVISION NUMBER 120, accordingto the recorded plat thereof,
Hennepin County, Minnesota,
EXCEPTING therefrom that portion of the land condemned in favor of the State of
Minnesota as evidenced by Final Certificate filed May 14, 1998 as Document No. 687195
as described as Parcel 216B as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27 -66 filed September 26, 1996 as
( Document No. 6639079,
Further EXCEPTING therefrom that portion of the premises condemned in favor of the
iMetropolitan Sewer Board as evidenced by Order filed April 6, 1973 as Document No.
4008351,
Further EXCEPTING therefrom that portion of the premisis condemned in favor of the
iState of Minnesota as evidenced by Judgment and Decree filed March 7, 1936 as
Document No. 1830472.
i
i Legal Description of Easement:
A permanent easement for construction and maintenance of an access driveway, sanitary
sewers, a lift station, a force main and other appurtenances over, under and across that part
of the hereinbefore described property which lies easterly of the following described Line A:
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minutes 00 seconds West 250.00 feet and said Line A there terminating.
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Legal Description of Property
(Abstract property)
Lot 145, AUDITOR'S SUBDIVISION NUMBER 120, accordingto the recorded plat thereof,
Hennepin County, Minnesota,
EXCEPTING therefrom that portion of the land condemned in favor of the State of
Minnesota as evidenced by Final Certificate filed May 14, 1998 as Document No. 687195
as described as Parcel 216B as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27 -66 filed September 26, 1996 as
( Document No. 6639079,
Further EXCEPTING therefrom that portion of the premises condemned in favor of the
iMetropolitan Sewer Board as evidenced by Order filed April 6, 1973 as Document No.
4008351,
Further EXCEPTING therefrom that portion of the premisis condemned in favor of the
iState of Minnesota as evidenced by Judgment and Decree filed March 7, 1936 as
Document No. 1830472.
i
i Legal Description of Easement:
A permanent easement for construction and maintenance of an access driveway, sanitary
sewers, a lift station, a force main and other appurtenances over, under and across that part
of the hereinbefore described property which lies easterly of the following described Line A:
LINE A:
Commencing at the northeast corner of Section 35, Township 117, Range 23, Hennepin
(
County Minnesota, (bearings are referenced to the Hennepin County Coordinate System
- -- Exception Doc.
3 R D 4008351
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NAD831 1986 Adjustment and the east line of said Section 35 which bears South 01
A V E —N- J —E-
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degrees 34 minutes 26 seconds West); thence South 52 degrees 24 minutes 01 seconds
/
West a distance of 2504.04 feet to a point designated as 814 on MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-66; thence South 74
degrees 46 minutes 16 seconds West along the southerly right of way line of said
MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27 -66 a
distance of 166.00 feet to the point of beginning for Line A; thence South 00 degrees 00
minutes 00 seconds West 250.00 feet and said Line A there terminating.
0 40 811
SCALE IN FEET
Easement Area: 61,668± Sq.Ft. 1.41± Acres
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CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.dshorewood.nm.us • cityhall i dshorewood.mn.us
DATE: March 26, 2015
TO: Brad Nielsen
FROM: Paul Hornby
RE: MCES L18 Relocation Conditional Use Permit
I have completed a review of the preliminary plans prepared by Stantec, dated February 28, 2015, for the
referenced project and have the following comments:
1. The City Code does require curb for the parking lot. I suggest the lot be sized to accommodate
vehicle needs and include curb as required.
a. The parking lot should be striped even if it may not be used for parking within the stalls for
larger vehicles.
2. The dumpster should not be in a location directly upstream of the storm water pond.
3. The grading and drainage plan appears acceptable at this time. The MCES should consider some
type of filtration with a smaller pond or in conjunction with the proposed pond.
a. The plans will need to indicate protection of the Christmas Lake piped outfall that crosses
the property.
4. The long water service as shown become problematic for the City and other utility owners for
location, water quality, and future improvements. The plan is to include extension of an 8 -inch
watermain with a gate valve at the end of the existing watermain and ending with a hydrant at the
intersection of Third Avenue and Christmas Lake Road.
a. A water service
5. The MCES has proposed an easement for the facility instead of a purchase of the entire parcel. The
City should consider sale of the entire parcel, but retaining drainage & Utility easements over the
Christmas Lake storm sewer outfall crossing the parcel, and over the wetland area to allow for use
of storm water storage if needed some time in the future.
Please contact me if you have questions or want to discuss the items in this review.
Exhibit D
CITY ENGINEER'S MEMO
WON
owl
City of Shorewood Council Meeting Item
Title / Subject:
Conditional Use Permit — Cebulla, Todd
Meeting Date:
27 April 2015
Prepared by:
Brad Nielsen
Reviewed by:
Patti Helgesen
Attachments: Planning Director's Memorandum
Draft Resolution
•..
MEETING TYPE
Regular Meeting
Policy Consideration: Should the City approve a conditional use permit that would allow Todd Cebulla
to retain his existing home at 5530 Vine Hill Road, while constructing a new home on the lot.
Background: See attached memorandum for detailed background. The Planning Commission held a
public hearing to consider this matter and voted unanimously to recommend its approval.
Financial or Budget Considerations: The applicant's application fee covers the cost of processing the
request.
Options: Approve the C.U.P.; modify the C.U.P.; or deny the C.U.P.
Recommendation / Action Requested: Staff agrees with the recommendation of the Planning
Commission to approve the C.U.P.
Next Steps and Timelines: The applicant must use the C.U.P. by 27 April 2016 and must complete the
new home within six months of issuance of the building permit. If additional time is required, the
applicant must submit a request for extension prior to the end of the six months.
Connection to Vision / Mission: Quality public services.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD ® SHOREWOOD, MINNESOTA 55331 -8927. (952) 960 -7900
FAX (952) 474 -0128 • www.ci.shorewood.mmus • cityhaII @d.shorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
1 April 2015
RE:
Cebulla - C.U.P. for Two Houses on One Lot
FILE NO.
405(15.05)
BACKGROUND
Todd Cebulla owns the property at 5530 Vine Hill Road (see Site Location map Exhibit A,
attached). He wishes to keep the existing home on the property while his new home is being
constructed. At staff s direction Mr. Cebulla has applied for a conditional use permit that is
scheduled for review by the Planning Commission on 7 April 2015.
Even though the subject property is not part of the Waterford P.U.D., located to the south and
west, it was included in the P.U.D. district. In this case the underlying zoning is R -1 C, Single -
family Residential. The property contains 29,338 square feet of area. The site is currently
occupied by the applicant's existing home and a detached garage (see Exhibit B). He intends for
his family to live in the existing house while a new home is being built. Once the new house is
completed, the old one will be demolished. The proposed site plan is shown on Exhibit C.
Proposed building elevations for the new home are shown on Exhibit D. Mr. Cebulla explains
his request in his letter, attached as Exhibit E.
ANALYSIS/RECOMMENDATION
Shorewood's Zoning Code, like most contemporary zoning ordinances, limits the number of
single- family dwellings on'a site to one. In the past, the City had granted variances allowing
property owners to keep an existing house on the property while a new home is under
construction. The Code was amended in 2000 to allow for such requests by conditional use
®�
q 0 PRINTED ON RECYCLED PAPER
permit. Following is how the Cebulla request complies with Section 1201.03 Subd. 2.c.(4) of the
Code:
1. The proposed home complies with R -1C district setback requirements, i.e. 35 foot front
and side abutting the street, 40 foot rear and 10 foot side.
2. Keeping an existing house should not result in a less desirable location for the new house.
The applicant's point is well taken regarding the location of the new home. The desire to
be farther from Vine Hill Road with the house is understandable and eliminating the
driveway to and from Vine Hill Road is positive from a safety perspective.
3. A detailed tree inventory and tree preservation/reforestation plan will be required as part
of the building permit. It appears that the applicant will be faced with the maximum
replacement — six trees (8 trees x .75). At least three of those trees should be located on
the south side of the property in the general location of trees to be removed.
4. There must be some assurance that the existing home will be removed upon completion
of the new one. This is resolved by the requirement of an escrow, sufficient in amount to
guarantee that the house will be removed. Prior to the issuance of a building permit, the
applicant must provide bids for the demolition of the older house. The applicant will then
be required to provide the City with a cash escrow or letter of credit in the amount of 150
percent of the bid to guarantee removal of the older house and restoration of the site.
5. The approval must have a time limit. The Code allows the builder six months to
complete the new home. On some larger or more complicated homes, this limit has been
found to be a bit restrictive. It is recommended that if it is necessary for the owner to
request an extension, it should be made prior to the end of the six months.
Staff recommends approval of Mr. Cebulla's request subject to the following:
A. The applicant must provide a copy of their contractor's bid for demolishing the older
house.
B. Prior to issuance of a building permit, the applicant must provide the City with a cash
escrow or letter of credit, for 150 percent of the bid amount, to guarantee that the house
will be removed and the site restored.
C. The existing house and outbuilding must be removed within six months of the applicant
receiving a building permit for the new house. If the applicant requires an extension, he
should make the request prior to the six -month deadline.
Cc: Bill Joynes
Tim Keane
Joe Pazandak
Todd Cebulla
-2-
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Exhibit 13
EXISTING CONDITIONS
CERTIFICATE OF SURVEY PREPARED FOR:
PROPOSED HOUSE AND GRADING SHOWN TODD CEBULL y
5530 VINEHILL ROAD
SHOREWOOD, MN 55331
LEGAL DESCRIPTION:
TRACT 8, R.L.S. NO. 847, HENNEPIN COUNTY, EXISTING HOUSE
MINNESOTA, EXCEPT VINEHILL ROAD 5520 VINEHILL
ROAD I
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Exhibit C
PROPOSED SITE PLAN
REAR ELEVATION
LEFT ELEVATION
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Exhibit D
PROPOSED BUILDING ELEVATIONS
FRONT ELEVATION
1 /4°= P-9
5530 Vine Hill Road
Shorewood, MN 55331
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To whom it may concern:
I am writing to request a conditional use permit that would allow my family and me to live in our current house
while building a new house on the same lot. Our current house is small and has several deficiencies including a
recurring mold smell as a result of a flooded basement the week we bought it. With two young kids, doing a
major addition /remodel to the existing house is not an option as there is really no 100% guarantee that the
mold can be completely mitigated. We certainly have tried many things and the mold smell is still present.
As we started to look into building new, the placement quickly came front and center. We looked at the lot
without bias of where the current house is. We concluded that rather than the house being placed in the front
1 /3rd of the lot, the more reasonable placement is the open and sloping middle to rear 2 /3rds. Waterford PI
was not present at the construction of the current house which made the placement more reasonable at the
time. However, if this lot was to be developed now, a house as we are proposing would be consistent with the
Waterford development and would look far more natural and appealing to the neighbors all around. The
proposed placement would also provide the beautiful sight lines that this lot as to offer if the home is correctly
placed while distancing itself from the busy and at times noisy Vine Hill Road. Furthermore, this placement
would allow the driveway for the home to come off of Waterford PI instead of Vine Hill Road eliminating the
often times dangerous exit out onto Vine Hill Road. The combination of the adjacent hill and the frequent cars
make it difficult to safely enter Vine Hill Road especially in the slippery winter months.
The impact of this conditional use would be minimal and mostly positive. The views and enjoyment of
neighboring properties would not be decreased as they are orientated towards some of the same views that we
are trying to achieve. That is, the neighboring properties don't have homes that back up to our lot, so for the
most part when inside of their homes they would rarely see the change. One change that they may see is an
uptick in property values as the small deficient house is replaced with a larger more cosmetically appealing and
energy efficient house. Obviously, we are going to benefit from not having to uproot our family for a temporary
move and we will save 4 -6 months of rent. However, as previously mentioned this placement is the reasonable
and nature location for this house and would be the chose even if the current house had never been built or is
destroyed first.
Please consider my request to build a quality house with the correct placement and safe access while allowing
us to live in the current house. Please also consider a provision that would allow an extension of the 6 month
building timeframe if it becomes unobtainable due to unforeseen circumstances. The current timeline has the
construction taking over 5 months, so it would not take many delays to push it to 6.
Thank you
I /Q
Todd oCeebbulla
Exhibit E
APPLICANT'S REQUEST LETTER
RON JOHNSON
April 3, 2015
Planning Commission
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
5355 Shady Hills Circle
Shorewood, MN 55331
952- 474 -8171 r
CEIAV-E-1.
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Re: Cebulla Proposed Development, City Memo dated April 1, 2015.
Dear Planning Commission Members:
I have a copy of the City Planner, Mr. Nielsen's Memo dated April 1, 2015 regarding neighbor,
Mr. Cebulla's request for a conditional use permit to construct a new house with larger footprint
on the 5530 Vine Hill Rd. site but facing instead Waterford Place. Our position is: we have no
objection to what Mr. Cebulla wishes to do with his property and consider it none of our
business. However, the City has not yet resolved the municipal drainage issues which will
additionally adversely affect our property from the increased hard surfaced development.
As the City and our neighbors are aware, grandma Dee Johnson operates our family's 20+ acre
Shorewood market farm, 5400 Block Vine Hill Rd., along with 3 grandsons with assistance by
their parents who reside at the 5490 Vine Hill Rd. site on the farm.
As the City approved adjoining developments, private and City, 1984 to 2014 (and now in 2015),
the City never fixed the resultant municipal storm water flooding of our farm leaving us to the
tasks of coping with this problem and maintaining the numerous City open sewers the City
created or uses on our property including our farm drainage ditch the City dammed -up.
Instead of fixing these problems in reasonable compromise our engineer, MFRA, suggested, the
City preferred to litigate the issues. So far the City spent (wasted), all for naught, at least 10
times more than the $50,000 MFRA in 1995 told the City the fixes would cost.
Recently, Hennepin County District Court Chief Judge Cahill suggested to me in no uncertain
terms that I should appeal the City's lawsuit. This appeal to the Minnesota Court of Appeals is
currently pending. The papers were also served on the County as a party.
As I understand it, the Court of Appeals should examine its two prior opinions, law of the City's
case (which the district court cannot examine), in light of the City's actions and inactions since
those opinions issued. For example, on February 17, 2012 Mr. Nielsen candidly told federal,
state and local officials that the court jury ordered the City to fix the flooding (paraphrasing).
TEP Meeting Minutes. This occurred as follows:
In January 2012 then -City Engineer, Mr. Landini, caused the DNR to issue a cease & desist
(farming) order (CDO) basically claiming that we were disturbing soil without an earth alteration
permit. (Shortly thereafter, Mr. Landini was no longer employed by the City). City hall's
position in twisted logic, expressed or implied, was the municipal flooding created a regulated
incidental "wetland" on our property which precluded any economic use by us, so the City
adding flood waters would not cause any harm.
As a result of the 2012 CDO, a state Wetland Conservation Act (WCA) Technical Evaluation
Panel (TEP) action was convened seeking to force my family's compliance with the Act.
Hennepin County's Environmentalist was a TEP participant as were the U.S. Army Corps of
Engineers' officials. Ultimately, the Minnesota Board of Water & Soil Resources (BWSR)
along with its University of Minnesota soils consultant, determined the site was a "non - wetland"
and "no WCA violation" occurred, recommending the CDO be rescinded and it was by the DNR
in November 2012. I'd guess the City spent (wasted) about $100,000 on this action all for
naught. (3 helicopter flyovers, survey crew, 2 dozen government employees, spanning about a
year). The City refused to remove the site from its "wetland" district zoning map, symbols
shown on Mr. Nielsen's Cebulla Memo, exhibit A.
Bottomline, in conjunction with this proposed 2014 project, the Planning Commission must
address the City's stormwater situation for the area including my family's farm.
Sincerely,
/s/
Ron Johnson
Cc: Mayor and City Council
Hennepin County Board of Commissioners
WSB Associates, Inc., City contract engineers
PS: As City contract engineers, WSB in late 2009 told the City it was okay to discharge pool
and sump pump waters from a west adjoining development onto our property.
In 2010 WSB assisted Mr. Landini prepare applications for U.S. Army Corps of Engineers
(Corps) and Minnehaha Creek Watershed District permits for the City to construct an entirely
new water level control structure (dam) in our farm drainage ditch.
In 1998 WSB prepared City concept plans to improve our ditch for City use, plans a newly
elected City Council declined to discuss or implement. WSB was aware of the 1996
authorization by the Corps that we had the right to maintain our farm drainage dich to its original
dimensions, depth and width; our right the City and WSB ignored.
2
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR TWO DWELLINGS ON ONE LOT
FOR TODD CEBULLA
WHEREAS, Todd Cebulla (Applicant) is the owner of real property located at 5530 Vine
Hill Road in the City of Shorewood, County of Hennepin, legally described as:
"Tract B, Registered Land Survey No. 0847, excluding road"
WHEREAS, the Applicant proposes to live in the existing house on the property while a
new house is being constricted on the same lot; and
WHEREAS, Shorewood's Zoning Code limits the number of homes on a single - family lot
to one, except by conditional use permit, and whereas the Applicant has requested such a
conditional use permit; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
1 April 2015, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 7 April 2015, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 27 April 2015, at which time the Planner's memorandum, and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the Property is located in an P.U.D., Planned Unit Development (Single -
family Residential) zoning district and contains approximately 29,338 square feet of area.
2. That the property is currently occupied by a single - family dwelling and a detached
garage.
3. That the new home will comply with all setback requirements of the P.U.D. zoning
district.
CONCLUSION
A. That the Applicant has satisfied the criteria for the grant of a Conditional Use
Permit under Section 120 1. 03 Subd. 2.c.(4) and Section 1201.04 of the Shorewood City Code.
B. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a Conditional Use Permit to keep the existing dwelling on the property, while a new
home is being built, subject to the following conditions:
The Applicant must provide an estimate from a licensed contractor of the cost to
remove the existing dwelling. From this estimate the City will require a cash
escrow or letter of credit in the amount of 150% of the estimate to ensure that the
stricture will be removed within a specified time.
2. The Applicant shall provide the cash escrow or letter of credit referenced in 1.
above to the City at the time a building permit is issued for the new dwelling.
The Applicants must use the Conditional Use Permit by 27 April 2016. The
existing dwelling on the property shall be removed from the property within six
months of the time that a building permit is issued for the new dwelling.
D. That the City Clerk fiirnish the Applicant with a certified copy of this resolution for
recording purposes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
April 2015.
ATTEST:
JEAN PANCHYSITYN, CITY CLERK
-2-
SCOTT ZERBY, MAYOR
#9A
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Approve Plans, Specifications and Authorize Advertisement for Bids for
2015 Bituminous Mill and Overlay Improvement Project, City Project 15 -02
Meeting Date:
April 27, 2015
Prepared by:
Paul Hornby
Reviewed by:
Attachments:
Plan Title Sheet, Resolution Approving Plans, specifications and Authorizing
Advertisement for bids
Background:
As part of the City Capital Improvement Plan and Pavement Management Plan, the City budgets for the
maintenance of roadways as part of the Bituminous Mill and Overly project.
The 2015 Bituminous Mill and Overlay Project includes Chaska Road, Mayflower Road, McKinley Court,
and Murray Hill Road. The 2015 CIP included Summit Avenue as well, but this roadway has been
postponed in the schedule to 2016 due to the Summit Woods development construction. The 2015
Capital Improvement Plan budget includes $215,000 in the Street Reconstruction Fund for road
maintenance for bituminous mill and overlays.
The enclosed Resolution approves the project plans and specifications and authorizes the advertisement
for bids. The opening of bids is scheduled for 10:00 a.m., Thursday, May 28, 2015.
Options:
1. Approve the resolution Approving Plans, Specifications and Authorizing Advertisement for Bids
for the 2015 Bituminous Mill & Overlay, City Project 15 -02.
2. Direct staff to modify plans.
3. Take no action on this item.
Recommendation / Action Requested:
Staff recommends approval of the Resolution Approving Plans and Specifications, and Authorize
Advertisement for Bids for the 2015 Bituminous Mill & Overlay, City Project 15 -02.
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
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CITY OF SHOREWOOD
RESOLUTION NO. 15-
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION FOR ADVERTISEMENTS FOR BIDS
2015 BITUMINOUS MILL & OVERLAY PROJECT
CITY PROJECT 15 -02
WHEREAS, the City of Shorewood designated $215,000 in the Street Reconstruction Fund
for roadway maintenance as bituminous mill & overlay in the Capital Improvement Plan; and
WHEREAS, the Director of Public Works has identified streets within the City that need
bituminous mill and overlay maintenance in accordance with the Pavement Management program;
and
WHEREAS, the City Engineer has prepared plans and specifications for City Project 15 -02,
2015 Bituminous Mill and Overlay Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood,
Minnesota:
The plans and specifications prepared by the City Engineer for such improvement.
Said plans and specifications are hereby approved and shall be filed with the City
Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper and
according to MN State Law an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement shall
be published for 2 weeks, shall specify the work to be done, shall state that bids will
be opened and considered by the Council at 10:00 a.m. (CST), onThursday, May 28,
2015, in the City Hall Council Chambers, and that no bids will be considered unless
sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check,
bid bond, or certified check payable to the Clerk for 5 percent of the amount of each
bid.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th
day of April, 2015.
ATTEST:
Jean Panchyshyn, City Clerk
Scott Zerby, Mayor
#10A
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Maintenance Agreement between the City of Shorewood and DNR for the
Christmas Lake Public Boat Access
Meeting Date: April 27, 2015
Prepared by: Larry Brown, Director of Public Works
Reviewed by: Jean Panchyshyn, City Clerk
Attachments Site Location Map, Existing Agreement, Draft Agreement, and Resolution.
Policy Consideration: Should the City of Shorewood enter into a new agreement for the
ongoing maintenance of the Christmas Lake Boat Access?
Background / Previous Action: On January 29, 1986, the City of Shorewood entered into an
agreement with the Department of Natural Resources (DNR) and the Christmas Lake
Homeowners Association regarding the operation and maintenance of the public boat access.
Since that time, the City has been operating under the premise of the agreement that the City
cares for the land portion of the site, and the DNR would care for the water portion of the site.
Recently, the DNR has objected to this premise and states that the DNR does not maintain joint
public accesses. As such, the DNR has proposed an amendment to the existing agreement
between the DNR and the City of Shorewood.
Staff has worked with the DNR, and has arrived at an agreement that meets the needs of both
parties. Responsibilities for each party are indicated below.
I. STATE'S DUTIES AND RESPONSIBILITIES
a. The State shall manage and administer the Water Access as established.
b. The State shall provide technical assistance to the City for the repair of the launch ramp,
parking area improvements, and continued compliance with the Americans with
Disabilities Act.
c. The State will provide the following materials as needed to the City for the maintenance
on the Water Access, to include:
1. Concrete Planks.
2. Docks and Dock parts and accessories.
3. All boating related informational signs for a facility as determined by Department
of Natural Resources policy.
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
d. The State's required maintenance standard for the Water Access includes following the
State's invasive species management guidelines.
e. The State shall be solely responsible for all improvements approved by the State and
developed within the Water Access during the Term of this agreement.
f. The State shall provide for all maintenance of the Water Access not addressed through
this maintenance agreement.
g. The State reserves the right to inspect the facility at anytime to ensure that the City is in
compliance with this agreement.
II. CITY'S DUTIES AND RESPONSIBILITIES
a. The City shall maintain the Water Access consistent with all local, state, and federal laws,
regulations and rules that may apply to the operation and maintenance of the facility.
b. The City shall conduct the maintenance on the Water Access which shall include, but not
be limited to the following:
1. Bituminous surface patching and shoulder maintenance as reasonably necessary
to maintain a smooth, safe, and usable surface.
2. Maintenance of visible pavement markings.
3. Launch ramp repair and maintenance, including spring repair prior to the second
Saturday in May of each year.
4. Dock installation prior to second Saturday in May, removal between October 1 and
November 1of each year and seasonal adjustments as required by the lake's
surface levels.
5. Litter pickup and removal.
6. Mowing and vegetation trimming at the same frequency as other, similar City
recreational facilities.
7. Repair and reinstallation of Water Access related signs and signposts.
8. Snow removal at the discretion of the City.
9. Provide and maintain a single Portable toilet, which shall meet the requirements of
the ADA, between the second Saturday in May and November 1" of each year.
The City shall conduct the required maintenance for the Water Access in compliance with
the State's invasive species management guidelines.
The Agreement goes on to outline the responsibilities for funding. As proposed:
2110101ILI '
The State has proposed funding for its responsibilities under Articles I (a)(b)(c)(d)(e)(f)(g) above,
however, the total obligation of the State shall be limited to the amount of funds legislatively
appropriated and administratively allocated to this project.
The State may also provide funding for its responsibilities under Article I (a)(b)(c)(d)(e)(f)(g)
above through the standard internal purchasing process including, but not limited to, a
separate requisition in which funds will encumbered. No additional funding will be provided,
unless agreed upon by all parties and an amendment to this Agreement is completed and
executed.
The term of the Agreement has been proposed as from the time of execution through January
1, 2035.
Staff Recommendation: Staff is recommending that the attached Resolution that approves the
Agreement be approved.
Financial or Budget Considerations: The Agreement as proposed, has minor cost implications
to the overall operations.
Options:
1. Approve the Resolution which accepts the Agreement.
2. Provide Staff with alternative direction.
Recommendation / Action Requested: Staff is recommending Option 1 that approves the
resolution be accepted.
Connection to Vision / Mission: Maintaining key infrastructure is vital to providing quality
services to our residents.
CHRISTMAS LAKE PUBLIC WATER ACCESS
COOPERATIVE MAINTENANCE AGREEMENT
THE STATE OF MINNESOTA AND THE CITY OF SHOREWOOD
This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural
Resources, hereinafter referred to as the "State" and the City of Shorewood hereinafter referred to as the "City ".
1Vi' /I Nei =13DYY.In
WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section
97A.141 to provide public access sites on lakes and rivers where access is inadequate; and
WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into Agreements to jointly or
cooperatively exercise common powers; and
WHEREAS, the City owns land described as: Lot 2, Block 1, Christmas Lake Addition which is located in S35, TI 17N, R23W,
Hennepin County, as shown on the Map which is attached and incorporated into this Agreement as Exhibit A; hereinafter
referenced as the "Water Access "; and
WHEREAS, the State and City executed an Agreement dated 1/29/1986, and which remains in effect, regarding the acquisition,
development, operations and maintenance of the Water Access, which is attached and incorporated into this Agreement as
Exhibit B; and
WHEREAS, under the terms of the 1986 Agreement between the State and the City, the City is responsible for the operation and
maintenance of the Water Access, including the ordinary and routine maintenance necessary to keep the facilities in a safe,
sanitary and operative condition; and
WHEREAS, the State and City have determined that clarification of the responsibilities of each party for the continued
cooperative operation and maintenance of the Water Access, as outlined in the 1986 Agreement, is a high priority; and
WHEREAS, the State and City have determined that a periodic review of the responsibilities of each party for the continued
cooperative operation and maintenance of the Water Access is a high priority; and
WHEREAS, the State and the City agree that this Agreement does not void nor negate any part of the 1986 Agreement; and
WHEREAS, a resolution or copy of the City Council meeting minutes authorizing the City to enter into this Agreement is attached
and incorporated into this Agreement as Exhibit C; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the public bodies hereto and for the benefit of the
general public, the parties agree as follows:
I. STATE'S DUTIES AND RESPONSIBILITIES
a. The State shall manage and administer the Water Access as established.
b. The State shall provide technical assistance to the City for the repair of the launch ramp, parking area improvements,
and continued compliance with the Americans with Disabilities Act.
c. The State will provide the following materials as needed to the City for the maintenance on the Water Access, to
include:
1. Concrete Planks.
2. Docks and Dock parts and accessories.
3. All boating related informational signs for a facility as determined by Department of Natural Resources policy.
Christmas Lake Public Water Access
Maintenance Agreement
City of Shorewood
MnDNR 28 Dec 14
d. The State's required maintenance standard for the Water Access includes following the State's invasive species
management guidelines as shown in and attached and incorporated into this Agreement as Exhibit D.
e. The State shall be solely responsible for all improvements approved by the State and developed within the Water
Access during the Term of this Agreement.
f The State shall provide for all maintenance of the Water Access not addressed through this maintenance Agreement.
g. The State reserves the right to inspect the facility at any time to ensure that the City is in compliance with this
Agreement.
II Ir•ditS min 11:11►10]N W 11116401HlllIIII 10
a. The City shall maintain the Water Access consistent with all local, state, and federal laws, regulations and rules that
may apply to the operation and maintenance of the facility.
b. The City shall conduct the maintenance on the Water Access which shall include, but not be limited to the following:
1. Bituminous surface patching and shoulder maintenance as reasonably necessary to maintain a smooth, safe, and
usable surface.
2. Maintenance of visible pavement markings.
3. Launch ramp repair and maintenance, including spring repair prior to the second Saturday in May of each year.
4. Dock installation prior to second Saturday in May, removal between October 1 and November Iof each year and
seasonal adjustments as required by the lake's surface levels.
5. Litter pickup and removal.
6. Mowing and vegetation trimming at the same frequency as other, similar City recreational facilities.
7. Repair and reinstallation of Water Access related signs and signposts.
8. Snow removal at the discretion of the City.
9. Provide and maintain a single Portable toilet, which shall meet the requirements of the ADA, between the
second Saturday in May and November I" of each year.
The City shall conduct the required maintenance for the Water Access in compliance with the State's invasive
species management guidelines as shown in and attached and incorporated into this Agreement as Exhibit D.
III. FUNDING
The State shall provide funding for its responsibilities under Article I (a)(b)(c)(d)(e)(f)(g) above, however, the total
obligation of the State shall be limited to the amount of funds legislatively appropriated and administratively
allocated to this project. The State may also provide funding for its responsibilities under Article I
(a)(b)(c)(d)(e)(f)(g) above through the standard internal purchasing process including, but not limited to, a separate
requisition in which funds will be encumbered. No additional funding will be provided, unless agreed upon by all
parties and an amendment to this Agreement is completed and executed.
IV. LIABILITY
Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law
and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be
governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other
applicable law. The City's liability shall be governed by Minnesota Statutes Sections 466.01 - 466.15, and other
applicable law.
1: ►II
a. Effective Date: January 1, 2015, or when the State obtains all required signatures under Minnesota
Statutes Section 160.05, Subdivision 2, whichever is later. The City shall not begin work under this
Agreement until it is fully executed and the City has been notified by the State's authorized representative to
begin the work.
Christmas Lake Public Water Access
Maintenance Agreement
City of Shorewood
MnDNR 28 Dec 14
b. Expiration Date: January 1, 2035, except as otherwise provided herein or agreed to in writing by both
parties.
VI. AUDIT
Under Minnesota Statutes Section 160.05, sub. 5, the books, records, documents and accounting procedures and
practices of the City relevant to the Agreement shall be subject to examination by the Commissioner of Natural
Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this Agreement.
VII. ANTITRUST
The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in
connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United
States and the antitrust laws of the State of Minnesota.
VIII. CANCELLATION
This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, upon
thirty (30) days written notice to the City. This Agreement may be cancelled by the City at any time with or without
cause with (30) days written notice to the State.
This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or
other funding sources, or if funding cannot be continued at a level sufficient to allow for the completion of the
activities covered under this Agreement. The State will notify the City by written or fax notice. The City will also
notify the State by written of fax notice. The State will not be obligated to pay for services provided after the notice
is given and the effective date of cancellation. The State will not be assessed any penalty if the Agreement is
cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the
necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State's
receiving that notice.
1011�403LTA WA641051 06418 0,
The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all
data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored,
used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minn. Stat. 13.08 apply
to the release of the data referred to in this clause by either the City or the State.
X. PUBLICITY AND ENDORSEMENT
Any publicity regarding the subject matter of this Agreement must identify the State as the sponsoring agency and
must not be released without prior written approval from the State's Authorized Representative. For purposes of this
provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar
public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to
the program and services provided from this Agreement.
XI. COMPLETE AGREEMENT
This Agreement, and amendments, constitutes the entire Agreement between the parties. Any amendment to this
Agreement must be in writing and will not be effective until it has been executed and approved by the same parties
who executed and approved the original Agreement, or their successors in office.
0114 1�63II10to1 R05 R1 :11►1�ZZ�7►1�J��[�7►(y
NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed
to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to:
The State The City
Minnesota Department of Natural Resources City of Shorewood
Parks and Trails Division Area (313) Supervisor City Administrator
1200 Warner Road 5755 Country Club Road
St. Paul, MN 55106 Shorewood, MN 55331
Christmas Lake Public Water Access
Maintenance Agreement
City of Shorewood
MnDNR 28 Dec 14
IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby.
DEPARTMENT OF NATURAL RESOURCES CITY OF SHOREWOOD
By:
By: _
Title:
Title
Date:
Date
DEPARTMENT OF ADMINISTRATION CITY OF SHOREWOOD
Delegated to Materials Management Division
By: By:
Title: Title:
Date: Date:
(Effective Date)
STATE ENCUMBERANCE VERIFICATION
Individual certifies that funds have been encumbered as req. by
Minn. Stat. 16A.15 and 160.05.
Signed:
Date:
Contract:
4
Christmas Lake Public Water Access
Maintenance Agreement
City of Shorewood
MnDNR 28 Dec 14
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CHRISTMAS LAKE
AGREEMENT
File Cu.
THIS AGREEMENT, made this �t day of January, 1986, by and
between Christmas Lake Homeowners' Association (hereinafter
referred to as the "Association "), and the State of Minnesota,
acting by and through the Commissioner of the Department of
Natural Resources (hereinafter referred to as the "State ") and
the City of Shorewood, Minnesota (hereinafter referred to as
the "City "), and Robert W. Fayfield.
W I T N E S S E T H:
WHEREAS, the Commissioner of Natural Resources has the
authority, duty and responsibility under Minn. Stat. §97.48,
the public with water access sites on
subd. 15, to provide
lakes where no access exists or access is inadequate; and
WHEREAS, Christmas Lake Homeowners' Association is an
association representing the riparian owners of land on
Christmas Lake, a body of approximately 267 acres of water
located in the cities of Shorewood and Chanhassen, Minnesota;
and
WHEREAS, the State, pursuant to a resolution of -the
Minnesota Executive Council, has commenced an action in
condemnation to acquire the following land for .a water access
site to Christmas Lake, to —wit:
Lot 2, Block 1, Christmas Lake Addition, according to
_
:the - thereof on file in the office of _the
Hennepin ,County Registrar of Titles;
and
WHEREAS, Robert W. Fayfield, a member of the Association,
has offered to acquire and donate the land described on Exhibit
A attached hereto to the City for purposes of a public access
to Christmas Lake; and
WHEREAS, the State is agreeable to the developing,
operating and maintaining of a public water access site on the
offered property, to be used for public recreational
facilities, and the State, Association and City are willing to
abide by the terms and conditions hereinafter set forth; and
WHEREAS, the Association is willing to give its approval
to such a donation and the Commissioner is willing to dismiss
r
the condemnation action referred to above upon the conditions
hereinafter described.
NOW, THEREFORE, for and in consideration of the covenants
and promises hereinafter made to be observed and performed, it
is hereby agreed by the parties to this Agreement that:
1. That certain parcel of land described on Exhibit A
attached hereto, located adjacent to Christmas Lake, now owned
by Interstudy and to be acquired by Robert W. Fayfield pursuant
to an agreement with Interstudy, will be donated on or before
May 1, 1986 to the City of Shorewood for use as a public water
access site to said Christmas Lake. The donation will be
unconditional and irrevocable, save that it may include a right
of reverter in the event the State shall enlarge this water
access site or shall acquire and develop another water access
site on Christmas Lake, or if an additional water access site
providing access for boats not inferior to this public access
-2-
in number of parking spaces and hours of operation is developed
on Christmas Lake by any other public body.
2. The public access shall contain a boat ramp and a
parking area which will accommodate no more than seven (7)
parking places for motor vehicles with boat trailers.
3. The public access will be planned, developed and
funded by the State of Minnesota, pursuant to design plans
which shall be submitted by the State to the City and the
Association for review and comment. The City and the
Association shall each have the right to submit written
comments relative to the State's plans within 14 days of
receipt of the plans. Design plans in sufficient detail to be
the basis for applications for all necessary zoning variances,
permits and other approvals shall be - prepared and submitted by
the State to the City and the Association not later than March
1, 1986. The plans shall identify any trees with a diameter of
greater than 'four inches which are proposed to be removed
pursuant to the plans and shall include to the extent possible
appropriate landscape screening from adjacent properties.
4. In its planning and development of the subject water
access site, the State shall have the following rights,
privileges, obligations and limitations:
a.. Pursuant to the plans referred to in .paragraph 3
above and "any _necessary`.licenses, permits, zoning -
Y royals, the State is authorized to
variances- and app
excavate, -grade and slope where necessary, remove
-3-
brush and trees where necessary, place gravel and
bituminous on the area, post signs, and do any and
all other work deemed necessary to establish and
construct the water access site to Christmas Lake.
b. All costs and expenses of installation of the water
access site and the roadway construction referred to
in paragraph 12 below shall.be borne by the State.
C. The State shall have the right at all times to enter
upon the subject premises for any purpose necessary
to the performance of its lawful powers and duties.
5, The Commissioner of the Minnesota Department of
Natural Resources shall, before opening the access to public
use, promulgate a Commissioner's order limiting the horsepower
size Hof boats using the access site to 25 horsepower or less
for seven (7) boating seasons only. The City shall also adopt
a local ordinance necessary to effectuate such a seven (7) year
limitation on horsepower size of boats using the public access.
6. During the above seven (7) year period, the City and
the homeowners shall investigate and carefully consider surface
water use regulations for Christmas Lake which, following the
seven (7) year period, shall be equally applied. ..to all persons
using the surface water of the lake, including. residents
riparian to Christmas Lake.
7. If, - at the-end of the seven (7) year period, there
has been 'no implementation of surface water use regulations,:. it
is understood that the water access site shall be open to boat
and motor use by the general public without restriction as to
- -4-
boat or motor size.
8. The City shall be responsible for and undertake the
operation, maintenance and upkeep of the premises and will keep
the same in a reasonably sanitary, neat and safe condition.
Further, the City shall provide for the removal of litter and
any ordinary and routine maintenance needed to keep the site in
a safe, sanitary and operative condition, and the City shall
arrange for adequate police protection of the access site. It
is the intent of the parties hereto that no risk or liability
shall be incurred by the State in connection with the operation
and maintenance of the access site and all such risk and
liability shall be assumed by the City.
g. The access site shall be free and shall remain open
to the public every day of the year, at least 16 hours _a day,
which shall be between the hours of 4 o'clock a.m. and
10 o'clock p.m., as determined by the City, except in emergency
situations or with prior written consent of the. State. . The
City shall have no obligation hereunder to provide snowplowing
for the water access site or the roadway.
10. The State, in cooperation with the City, may post a
sign informing the public that the access site is cooperatively
provided by the City and the Department of Natural Resources.
11. Robert W. Fayfield, as as. the actual or. constructive
owner of the subject parcel, shall apply for.and seek to- obtain
.from the -State and _Local units of government all necessary
licenses, permits, zoning variances and any other approvals
necessary to develop, construct and operate a public water
- - -5- -
access site on the subject parcel. The parties understand that
the State contemplates development of the water access site to
commence no later than June 1, 1986, and therefore the City
agrees to process all requests for zoning variances,
subdivision and other necessary approvals as quickly as
possible. The parties understand that this Agreement in no way
obligates the City to grant any zoning variances or other
necessary approvals, because the City must conduct the
requisite public hearings on such matters and make its
decisions on the basis of the evidence presented at such
hearings, without prejudgment. Robert W. Fayfield agrees that
if such zoning variances, subdivision and other necessary
approvals have--not been obtained by May 1, 1986, he will
acquire and. donate the land described on Exhibit A attached
hereto to the State for the same purposes and under the same
conditions as provided herein. In that event, the State and
the City will enter into an agreement for maintenance and
operation of the water access site, on the same conditions as
provided herein.
12. It shall be a condition of this Agreement that
adequate roadway access to the water access site be provided
for the use of the public. The improved roadway shall be paved
with bituminous material with a finished surface width of 20
feet, with two foot unpaved shoulders on each side. The legal
description of the roadway shall be 30 feet wide from the
existing frontage road of ~Highway 7 southerly to the south
boundary of the access site described in Exhibit A; the legal
-6- 0
description shall locate the roadway to the west of and
adjacent to the water access site to the extent possible
consistent with existing grades. The roadway shall be provided
pursuant to an easement to be granted to the City of Shorewood,
which shall be in perpetuity and not terminable by the City of
Shorewood or otherwise so long as the water access site exists,
except by a process substantially similar to that necessary to
vacate a public roadway. The State shall not be responsible
for any costs associated with the acquisition or maintenance of
the roadway, and the City shall not be responsible for any
costs associated with the acquisition or construction of the
roadway. The City agrees to post and maintain "no parking"
signs along said roadway, Radisson Road and Christmas Lake Road
in the vicinity of the public water access.
13. Upon the execution of this Agreement by all parties,
and upon the execution by Interstudy of that certain formal
written agreement between Interstudy, Robert W. Fayfield and
the Association to provide an easement for roadway access to,
the public water access and upon the Association obtaining the
approval of the owners of two- thirds of the number of parcels
of property abutting Christmas Lake to the amendment to
paragraph two and three of the covenants and restrictions
contained in Interstudy's deed to its property, the State shall
dismiss, without prejudice, its condemnation action. The
parties hereto understand that in. the event that any condition
hereinabove described is breached or otherwise not fulfilled,
the State may seek to condemn other land for purposes of a
-7-
public access to Christmas Lake.
14. It is not the present intention of the State to
acquire land for water access on Christmas Lake in addition to
that described in this Agreement. However, if the State, in
the future determines that it is necessary to acquire
additional land for water access on Christmas Lake, it shall
notify in writing the City and the Association before acquiring
such land. Within 20 days of receiving notice from the State,
the City or the Association shall submit in writing to the
State any objections either may have to such acquisition. The
State shall make written response to the objections within 20
days after receiving such objections. If the objecting party
is not satisfied with the State's response and further contests
the acquisition, At may request arbitration of the issues by a
three - member arbitration panel. The State shall select one
arbitrator and the objecting parties shall jointly select one
arbitrator and the arbitrators so selected shall select -the
third arbitrator. The arbitration panel shall consider, the
objections and the .State's response and any other evidence
submitted by the parties. The State.' .'may proceed with the
acquisition upon.a finding by the panel;.that:.
(1) : The public health, ..safety - and welfare would be
substantially better served by. the State's.:.acquisition of
the additional land; and
(2) The City or the owners of private land riparian
to Christmas Lake will not be substantially adversely
affected by such acquisition.
CHRISTMAS LAKE HOMEOWNERS DEPARTMENT IOFENATURAL RESOURCES
ASSOCIATION
By, _ By:
F ancis X. a lon, Jr Jo ph N. VAe n er
President Commissioner
CITY OF SHOREWOOD
By y Robert W. Fayf' 1
Robert Rascop, Mayor
Exhibit A
Legal Description of Land to Donated
ha t art of Lot 2, Auditor's Subdivision Humber 21G of Hennepin
County, Minnesota, according to the plat thereof on file or of
record in the office of the County Recorder in and for said
county= Beginning at the southwest corner of said Lot 2; thence
North 21 degrees 23 minutes West along the west line of said lot
120 feet to an iron shake; thence North 64 degrees 27 minutes
East parallel with the south line of said lot 90 feet; thence
South 9S degrees 13 minutes East 75 feet, more or less, to the
water's edge of Christmas Lake; thence southerly along said
water's edge to the south line of said lot; thence South 64
degrees 27 minutes West along said south line 12S feet, more or
less., to the point of beginning.
nLSO
That part of Lot 196, Auditor's Subdivision Humber 120 of
Hennepin County, Minnesota, according to the plat -thereof on file
or of record in the office of the County Recorder in and for said
county, lying easterly of the northeasterly line of a certain 10
foot right of way deeded to Hels Bruce and described in deed
Document No. 097952 and southerly of the south line of Lot 2,
fuditor's Subdivision Humber 246 of Hennepin County, Minnesota,
EXCCP'(ING THEREFROM= Beginning at the intersection of the east
line of said Lot 116 with the northeasterly line of a certain 10
foot right of way deeded to He15 Bruce and described in deed
Document No. 097952; thence North 51 degrees 30 minutes West
along the northeasterly line of said right of way a distance of
`_O feet; thence northeasterly at right angles to said last line
to they east line of said Lot 196; thence South along the east
lifle of said lot to the point of beginning.
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CITY OF SHOREWOOD
RESOLUTION NO. 15-
A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO
EXECUTE THE CHRISTMAS LAKE PUBLIC WATER ACCESS COOPERATIVE
MAINTENANCE AGREEMENT WITH THE STATE OF MINNESOTA
WHEREAS, on January 29, 1986 the City of Shorewood, the State of Minnesota
Department of Natural Resources, and the Christmas Lake Homeowners Association entered into
an agreement for the operation and maintenance of the Christmas Lake Public Boat Access; and
WHEREAS, the Department of Natural Resources has requested an amendment to said
agreement to clarify maintenance responsibilities between the State and the City.
BE IT RESOLVED that the Mayor and City Administrator are authorized to enter into
the attached Christmas Lake Public Water Access Cooperative Maintenance Agreement with the
State of Minnesota, Department of Natural Resources;
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th
day of April, 2015.
ATTEST:
Jean Panchyshyn, City Clerk
Scott Zerby, Mayor
Minnesota Department of Natural Resources
Division of Parks and Trails
Guidelines for Implementation of Operational Order 113:
Preventing the Introduction and Spread of Invasive Species
April 23, 2012
Garlic Mustard (Alliaria petiolata) Infestation
The Invasive Species Operational Order 113 Discipline Guidelines for the Parks and Trails
Division, have been accepted and approved.
4/23/2012
Approved by: Courtland Nelson - Division Director Date
PAT Op 113 Guidelines_Final_2012.docx
1
I INTRODUCTION and PURPOSE
The purpose of these guidelines is to provide Division of Parks and Trails (PAT) staff with the
information needed to prevent and reduce the introduction and spread of invasive species in
accordance with MNDNR Operational Order 9113 - Invasive Species (http.Hfiles-
intranet .dnr.state.mn.us /user_files /1920 /oporder_I 13.pdf). These guidelines apply on PAT -
administered lands and public waters; as well as to actions that PAT regulates, permits, or funds
(grants). The Operational Order applies to PAT staff, contractors, volunteers, and cooperators
working on DNR's behalf.
Invasive species are the second most significant threat to biodiversity in the United States,
negatively affecting about half of all rare species. Invasive species can become introduced
through a variety of pathways, but two of the most important are through accidental introduction
during development /management activities or inadvertent introduction by our visitors during
recreational activities.
The Division of Parks and Trails (PAT) administers over 300,000 acres of land containing
hundreds of rare species of plants and animals as well as some of the best representations of
native plant communities in the state. In addition PAT administers several grant programs, etc.
totaling several million dollars annually that affect many additional acres.
General Responsibilities
Division Director, Deputy Director, Regional Managers, Regional Operations Managers,
Strategic Program Managers, and District Supervisors — These individuals provide leadership
regarding implementation of Operational Order 9 113 and approved division guidelines. They
ensure that personnel they supervise have the training, equipment and support necessary to
conduct activities in ways that will prevent/reduce the introduction and spread of invasive
species.
Resource Program Staff— provide technical assistance to division staff, develop training
materials, help conduct/coordinate training, and assist with updating and implementing division
guidelines as needed.
Project Manager — The project manager is the person who oversees the implementation of a
project on site. This may be any one of a number of positions in the division, such as a Park
Manager, Area Supervisor, Trail Technician, or owner's representative (such as Division of
Operations Services \Facilities). It is the responsibility of the project manager to ensure the
implementation of the operational order and these guidelines as they pertain to specific work
activities. If the project manager is not a PAT employee, it will be important that PAT staff
communicate /coordinate with the project manager to insure that the guidelines are implemented.
PAT Op 113 Guidelines Final 2012.docx
Invasive Species Operational Order #113 Oversight Committee - This Department committee is
responsible for review of division invasive species guidelines, coordinating review and
monitoring of the invasive species operational order and for maintain an Op Order 113
webpage /site on the DNR Intranet:
http: / /intranet.dnr. state. mn. us /eco /invasive_ species/oporder 113.html
The Resource Management Program Consultant is the division's representative on this
committee.
II GENERAL PROCEDURES
The practices outlined below will be carried out by Division of Parks and Trails staff as well as,
outside contractors, lease holders, and grant -in -aid trail managers working on DNR land.
1. Assess each site prior to any planned action
a. Inventory invasive species
i. Identify invasive species on the site and in the vicinity http: / /files-
intranet.dnr.state.mn.us /user files /3026 /op_ order 113 handbook species_list.pdf
ii. Check for invasive forest pests such as oak wilt, Dutch elm disease to inform
planned action. http: / /www.dnr. state. mn. us / treecare /forest health /index.html
iii. Check if the water body being worked in is on the state list of infested waters.
htlp: / /files.dnr.state.mn.us /eco /invasives /infested waters.pdf. However, plan and
conduct activities as if the water body is infested
b. Control and /or avoid invasive species to prevent their spread.
c. Use the DNR's standard protocol if mapping invasive species.
2. Importing and moving of material (such as gravel, soil, mulch, plants)
a. Minimize the import of outside materials.
b. Stock pile and re -use material on site.
c. Prevent establishment of invasive species in stock -piled material.
d. Prevent the introduction of invasive species in imported material by:
i. Specifying certified weed free seed, gravel, topsoil, mulch etc. OR
ii. Inspecting and source - identifying materials that are not certified weed free, OR.
iii. Scraping off top 6 -12" and segregating on site if a site is contaminated.
e. Inspect and clean containers brought on site for plant parts, such as seeds and root
fragments, soil and animals.
f. Prohibit the use of non - approved firewood on Division administered lands in accordance
with PAT Policy # 37
htlp://intranet.dnr.state.mn.us/parks recreatigpZpgd/policies/EprovedPolicies/gpproved.ht
MI.
g. It is illegal to transport along a public highway materials /equipment containing the
propagating parts of invasive species designated as noxious weeds by the MN Dept. of
Agriculture without a permit (MS 18.82). A list of species identified as noxious weeds can
be found at http: / /www.mda. state. mn. us / plants /badplants /noxiouslist.aspx.
h. Re- vegetate with plants native to the area or a cover crop as appropriate, to allow native
plants re- populate.
PAT Op 113 Guidelines Final 2012.docx
3. Moving equipment and gear (such as heavy equipment, mowers, ATVs, tools, personal
gear)
a. Clean vehicles or other equipment before arriving or leaving a site.
b. Go to the MNDNR Intranet Operational Order 113 page
http: / /intranet.dnr. state. mn. us /eco /invasive_ species/op order 113.html for information on
equipment cleaning http: / /files-
intranet .dnr.state.mn.us /user_files /3026 /equipmentcleaning pdf under the Educational
Materials paragraph.
c. Locations of pressure washers: hgp: / /files-
intranet .dnr.state.mn.us /user_files /3026 /list of power_washers.pdf.
d. Work in un- infested sites before moving to infested sites and clean equipment with a brush
or leaf blower at a minimum before moving to another site.
e. Stay off a site under wet conditions to minimize rutting and compaction which can cause
excessive soil disturbance.
f. Schedule work when the ground is frozen whenever this is practical to minimize damage to
native groundcover.
g. Minimize vegetation and soil disturbance for all activities.
h. Minimize the number of access points to a site.
i. Survey the site at the beginning of an activity and control any invasive species that may be
problematic before moving in with equipment, (part of resource assessment and planning).
j. Avoid parking in or moving equipment through patches of invasive species.
k. Attempt to work in infested sites only when no seed - bearing invasive plants are present.
1. Use brushes to clean tools, boots and clothing in a controlled area before leaving or arriving
at a site; remove loose soils and plant material.
4. Monitor each site after development
a. Monitor regularly for new outbreaks of invasive species throughout all PAT units but
especially on newly developed sites or material import sites and control them in a timely
manner.
b. Document new outbreaks for follow up treatment.
III. ADDITIONAL CONSIDERATIONS FOR SPECIFIC
ACTIVITIES
Maintenance /Management Activities
Chemical treatment with an ATV, tractor or spot sprayer
a. Follow Operational Order #59, and associated Pesticide and Pest Control Guidelines when
applying herbicides.
b. Apply treatment when effectiveness is maximized for target species.
c. Use appropriate chemical application rate for target species.
d. Use selective herbicides with the least soil residual activity.
Gravel application and blading
a. Use clean, weed free material.
b. Ensure that all equipment is clean.
c. Check for new infestations from the seed bank.
PAT Op 113 Guidelines_Final_2012.docx
4
d. Control invasive plants in a timely manner after gravel application or blading.
e. Map and monitor new gravel applications for potential invasive species.
Historic settings: use of non - natives and cultivated plant species in
a. Understand the invasiveness of historic non - native species before disturbing historic sites
or re- introducing these species.
b. Do not replant highly invasive historic species.
c. Non - invasive non - native plants /cultivated species will be preserved in the following 4
types of historic settings in PAT:
1. Formally planned landscapes or at sites where the intent to have a formally developed
landscape is clear.
2. At abandoned town sites.
3. At European cemetery sites.
4. At original landscapes, such as farmsteads and home sites.
Horse camps, trails or boarding facilities feed, bedding and manure
a. Designate areas for storage of horse feed, bedding and manure.
b. Dispose of materials off site at a frequency, and method agreed upon by the park manager.
c. Develop a composting system that contains invasive plant material until rendered
harmless. http: / /whatcom.wsu.edu /a /g compost/horsecompost2.htm
d. Enforce horseback riding only on designated trails and in other areas identified for horse
use.
Mowing
a. Keep repeated mowing of native vegetation to a minimum.
b. Mow areas with invasive species during bud or early blooming stage when plants are most
vulnerable.
c. Mow two passes throughout the season on rail trails that are groomed for snowmobiling,
thereby avoiding spreading weed seeds in the fall.
d. Mow un- infested areas separate from infested areas.
e. Set mower height so soil is not disturbed.
f Require contract mowing at locations such as Public Water access sites to follow the same
protocol.
Planting nursery stock
a. Obtain native plants and seeds of local origin to the greatest extent possible.
b. Inspect potted nursery stock for invasive species hitch - hiking in potted plants.
c. Obtain locally sourced and inspected materials if certified weed free is not available.
Prescribed burning
Control as needed invasive species which were stimulated by prescribed burning.
Pulling invasive species: mechanical or by hand
a. Disturb soil as little as possible when pulling by hand as it may stimulate the seed bank.
b. Pull when soil is moist so roots can be removed more easily.
c. Bag pulled plants if they are in late blooming stage and remove from the site or burn on
site in an area that does not impact native vegetation.
PAT Op 113 Guidelines Final 2012.docx
d. Compost invasive species material only at a commercial composting site where high
composting temperatures most likely kill seeds.
htlp://whatcom.wsu.edu/ag/compost/horsecompost2.htm
Ramp install, repair, and removal of docks, channel markers and buoys
a. Follow General Procedures 1. A. iii. (page 3) and proceed accordingly.
b. Store docks, buoys and channel markers on site or clean thoroughly before moving them.
c. Implement aquatic invasive species (AIS) best management practices described in the
guidebook (see link below).
htlp:H files. dnr .state.mn.us /eco /invasives/bmp ais guidebook draft_ 12_ 16_2011.pdf
Site visits by staff, non - motorized and motorized
a. Brush off boots, especially treads and clothing, including inside cuffs before moving from
one site to another.
b. Arrive on site with a clean vehicle and clean before going to the next site.
c. Schedule site visits, if possible, when conditions are the least damaging to natural
vegetation.
d. Schedule visits if possible when invasive species are not seed bearing.
e. Avoid parking vehicles in infested areas.
f. Follow the most recent decontamination protocol for White Nose Syndrome in bats when
visiting caves and mines. www.fws.gov /WhiteNoseSyndrome /research
g. Do not use felt soled waders.
Sweeping and grooming hardened surface trails
a. Control invasive species in a timely manner so seeds are not spread by sweeping or
grooming equipment.
Tree and brush removal: mechanical
a. Work in infested sites only when invasive species are not seed bearing.
b. Plan ahead and cut or chemically treat invasive species during rosette, bud or blooming
stage.
c. Remove invasive woody species and hazard trees first before selectively removing other
species, leaving native small shrubs and herbaceous ground cover intact.
d. Drop and scatter tops/brush within the project area, instead of building brush piles
e. Move excessive cut material off site to biomass recycling facility, or pile woody material
in already disturbed areas and make piles tall and narrow.
f. Do not chip excess biomass into groundcover vegetation on site.
Perennially wet trails with bare soil
a. Avoid wet areas when siting new trails.
b. Re- route, harden or elevate the surface on existing trails /forest roads.
c. Close the trail temporarily.
PAT Op 113 Guidelines Final 2012.docx
Construction Activities
a. Use MR specifications for outside contracts, see http: / /files-
intranet.dnr. state. mn .us /user files/ 1920 /oporder113 mr.pdf
b. Consult natural resources assessment and associated project planning.
Pre - construction
a. Identify and protect unique natural features and plant communities of the site.
b. Identify and record invasive plants and control before starting construction.
c. Fence off ecologically sensitive native vegetation to be protected, keep machinery off to
avoid soil compaction that damages roots and limits water infiltration.
d. Fence off trees to be protected at their drip line (extent of crown) to avoid root damage,
bark damage and soil compaction.
e. Salvage native plants from the site when feasible to replant after construction.
Construction
a. Monitor construction process to ensure that project specifications are followed in order to
avoid the spread of invasive species.
b. Stockpile topsoil from the site and re -apply after construction. Cover or treat with
herbicide if it is stored for more than one season.
c. Specify weed free material imports, such as gravel, soil, and mulch if possible or know the
source of material imports and check frequently for potential new infestations if certified
weed free material is not available.
d. Use erosion control blankets, weed free certified straw, or hydro - mulch, those materials
contain no weed seeds.
e. Re- vegetate a newly developed site with salvaged native plants from the site or obtain
plants /seeds native to the area.
Visitor Activities
Recreational use can play a significant role in the spread of invasive species, year round. Due to
the high number of visitors to PAT lands the division has the responsibility and opportunity to
demonstrate and educate visitors regarding efforts to prevent/reduce the introduction and spread
of invasive species.
a. Increase public awareness of invasive species:
i. Educate visitors about each unit's (park, trail water access site) specific condition.
ii. Provide boot brush kiosks at walking trail accesses.
b. Teach prevention and control BMP's at annual gatherings of user groups.
c. Present information at fairs and outdoor equipment shows that explain the relationship
between people recreating and the spread of invasive plants.
d. Recruit volunteers to help control small infestations mechanically.
e. Provide invasive species identification training for the Ambassador Program for OHV
trails.
f. Inform users of, and restrict use of, facilities when soils are vulnerable to disturbance
during spring thaw and heavy rains.
g. Place invasive plants alerts at trail heads and water access sites and explain how plants
spread and how to control the spread.
PAT Op 113 Guidelines Final 2012.docx
h. Alert users about control efforts in high use areas to avoid spread into more sensitive areas.
i. Provide cleaning areas for recreation equipment primarily at trail heads for horseback
riders, motorized users and on water access sites where feasible.
j. Ensure that horseback riders and motorized users stay on designated trails.
IV GRANTS ADMINISTERED BY PARKS and TRAILS
Grants associated with Lands not Administered by DNR
Grants awarded by PAT will include guidance to grantees on preventing the introduction and
spread of invasive species during project implementation.
Grants associated with DNR Administered Lands
a. Grants awarded by PAT will include guidance to grantees on preventing the introduction
and spread of invasive species during project implementation.
b. Grantees will comply with Operational Order 113 division guidelines when working on
DNR land.
PAT Op 113 Guidelines Final 2012.docx
CITY OF SHOREWOOD
RESOLUTION NO. 15-
A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO
EXECUTE THE CHRISTMAS LAKE PUBLIC WATER ACCESS COOPERATIVE
MAINTENANCE AGREEMENT WITH THE STATE OF MINNESOTA
WHEREAS, on January 29, 1986 the City of Shorewood, the State of Minnesota
Department of Natural Resources, and the Christmas Lake Homeowners Association entered into
an agreement for the operation and maintenance of the Christmas Lake Public Boat Access; and
WHEREAS, the Department of Natural Resources has requested an amendment to said
agreement to clarify maintenance responsibilities between the State and the City.
BE IT RESOLVED that the Mayor and City Administrator are authorized to enter into
the attached Christmas Lake Public Water Access Cooperative Maintenance Agreement with the
State of Minnesota, Department of Natural Resources;
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th
day of April, 2015.
ATTEST:
Jean Panchyshyn, City Clerk
Scott Zerby, Mayor
�l owl
City of Shorewood Council Meeting Item
#10B
MEETING TYPE
Regular Meeting
Title / Subject:
Agreement with CLHA to Conduct AIS Inspections at Christmas Lake Access
Meeting Date:
27 April 2015
Prepared by:
Brad Nielsen
Reviewed by:
Patti Helgesen
Attachments:
Draft Agreement
Policy Consideration: Should the City enter into an agreement with the Christmas Lake Homeowners
Association (CLHA) that would delegate the contracting of AIS inspection services to the Association?
Background: As you may be aware, the company that previously performed AIS inspections at the
Christmas Lake Access is no longer doing that kind of work. Consequently, the CLHA and city staff have
arranged for inspection services through Waterfront Restorations, LLC, the same company used by the
MCWD for diving services. As we did last year, staff is recommending that the oversight of the
inspection services be delegated to the CLHA.
Staff has found this to be a more efficient way of getting the inspections done, especially with respect to
payment of bills between three parties. As proposed, CLHA will contract directly with Waterfront
Restorations, under the same terms as last year. CLHA will then submit the final tabulation of costs to
the City at the end of the season. The City will then reimburse CLHA for an amount not to exceed what
the City receives in grant money.
The agreement for 2015 is attached for your consideration.
Financial or Budget Considerations: Aside from relieving city staff of the administrative burden of
administering the Waterfront Restorations contract, costs to the City remain the same as previous years.
Options: Approve the attached agreement, reject the agreement, or modify the agreement.
Recommendation / Action Requested: Staff favors the efficiency of the proposed arrangement and
recommends that the Council authorize the City Administrator to execute the agreement on behalf of
the City.
Next Steps and Timelines: Depending on the availability of inspectors, the access will be opened close
to the end of April, or by 9 May (Fishing Opener) at the latest.
Connection to Vision / Mission: Healthy environment and sound financial management.
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
AIS INSPECTION AGREEMENT
between
CITY OF SHOREWOOD
and
CHRISTMAS LAKE HOMEOWNER'S ASSOCIATION
This AIS Inspection Agreement is entered into this 27th day of April 2015 by and
between the City of Shorewood, a municipal corporation organized under the laws of the State of
Minnesota, (the City) and The Christmas Lake Homeowner's Association, a non -profit
corporation organized under the laws of the State of Minnesota, (CLHA) relating to the
Christmas Lake Public Access Aquatic Invasive Species (AIS) Inspection Program (the
Inspection Program).
RECITALS
1. The City entered into that certain agreement with the Minnesota Department of Natural
Resources (DNR) concerning the control, operation and maintenance of the public access
to Christmas Lake dated January 29, 1986 (the Christmas Lake Access Agreement).
2. The City entered into that certain grant agreement with the Minnehaha Creek Watershed
District (MCWD) and the DNR dated January 30, 2013, relating to the inspection of
water - related equipment at the Christmas Lake Public Access in accordance with AIS
inspection protocols developed by the DNR.
3. The City contracted with Volt Workforce Solutions (Volt) Specialized Professional
Services Agreement to provide watercraft inspection services at the Christmas Lake
Public Access during the 2012 -13 boating seasons.
4. Volt no longer provides AIS inspection services and the City and the CLHA have
arranged for Waterfront Restorations, LLC to perform AIS inspection services for the
2015 boating seasons.
5. The CLHA proposes and the City desires that CLHA assist with the administration of the
duties and obligations of the Inspection Program.
6. The City and CLHA share the common objective to prevent the spread of AIS into
Christmas Lake.
AGREEMENT
1. Term. This Agreement shall be effective from the date written above and shall expire
November 15, 2015, or until all obligations have been satisfactorily fulfilled, whichever
occurs first.
2. Duties of CLHA. The CLHA will be responsible for the administration of the contract
with Waterfront Restorations to carry out the 2015 Inspection program consistent with
4844 - 7869 - 2122.1
the terms of a Specialized Professional Services Agreement (2015 Services Agreement).
The CLHA shall at all times carry out its obligations under this Agreement in conformity
with all provisions of the Christmas Lake Access Agreement and at the direction of the
Planning Director, Brad Nielsen.
3. Payment. The CLHA will be responsible for paying the periodic installments for the cost
of the Services Agreement. The City will pay to CLHA on or about November 15, 2015,
an amount up to $37,500 reflecting reimbursement of proceeds from that certain grant
AIS inspection from the MCWD and the Minnesota Department of Natural Resources
(DNR). In no event will the financial liability of the City to CLHA under this Agreement
exceed the grant amount paid by the MCWD and DNR to the City.
4. Indemnification. Each party to this Agreement shall be liable for its own acts and the
results thereof to the extent authorized by law and shall not be responsible for the acts of
the other party, its agents, volunteers, or employees. It is understood and agreed the
liability and damages arising from the parties' acts and omissions are governed by the
provisions of the Minnesota Municipal Tort Claims Act as provided in Minnesota Statute
Ch. 466.
5. Termination. This agreement becomes effective the date first set forth above and shall
expire on November 30, 2015. This Agreement may be terminated with or without cause
by providing a ten (10) day prior written notice of one party to the other.
6. Entire Agreement. This Agreement supersedes any prior representations or agreements
and contains the entire agreement with regard to the subject matter herein.
7. Amendments. This Agreement may be amended only in writing signed by each of the
parties.
8. Notice. Any written communication under this Agreement will be addressed to the other
party as follows:
To the City:
Brad Nielsen, Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To CLHA:
4844 - 7869 - 2122.1
9. Government Data Practices. The City and CLHA must comply with the Minnesota
Public Data Practices Act, Minnesota Statute Chapter 13 as it applies to all data provided
under this Agreement.
EXECUTION OF AGREEMENT
IN WITNESS THEREOF, the parties have caused this Agreement to be executed the day
first above written.
CITY OF SHOREWOOD: CHRISTMAS LAKE ASSOCIATION:
By:
William Joynes
Its: City Administrator Its:
4844 - 7869 - 2122.1
�l owl
City of Shorewood Council Meeting Item
Title / Subject:
Gideon Glen Parking Lot Improvements - Quote
Meeting Date:
27 April 2015
Prepared by:
Brad Nielsen
Reviewed by:
Patti Helgesen
Attachments: Quote from Mangold Horticulture
#10C
MEETING TYPE
Regular Meeting
Policy Consideration: Should the City contract with Mangold Horticulture for the construction of the
parking lot at Gideon Glen?
Background: Last fall, the City Council reviewed and approved a proposal by Stonescapes to construct
the parking lot at Gideon Glen. Before the contract was executed, staff learned that Justin Mangold, the
City's primary representative at Stonescapes, was leaving to form his own company— Mangold
Horticulture. Staff requested a proposal from Mangold Horticulture, which is attached for your
consideration.
Financial or Budget Considerations: At $8600, Mr. Mangold's quote is actually $255 less than the
previous proposal from last year.
Options: Authorize the City Administrator to execute the contract with Mangold Horticulture; stay with
the Stonescapes proposal; or do nothing.
Recommendation / Action Requested: Given our past relationship with Mr. Mangold (as mentioned in
item #10D of this packet), the fact that subcontractors involved in the proposal were solicited by Mr.
Mangold, staff recommends approval of the Mangold Horticulture proposal.
Next Steps and Timelines: The parking lot improvement project is at the MCWD for permit approval.
Work can begin upon receipt of the permit.
Connection to Vision / Mission: Attractive amenities.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Brad:
PO Box 250
Excelsior, MN 55331
952- 999 -1633
mhort. com
3/9/2015
Quote 9 53
Valid Until 4 /8/2015
You recently requested pricing information from our company. Thank you for giving us the opportunity
to bid for your business. We are working hard to establish a reputation for quality and we look forward to
showing you that it is well deserved.
Passionate people, outstanding results - Our team is excited about what we do and would love the
opportunity to work with you.
Here is our quote:
Work For Gideon Glen -
- Remove 45' for curb and replace with surmountable curb
- Replace casting to work with surmountable curb (save old casting for Shorewood Public Works)
- Dig 8 ", add gravel, grade and compact 22' by 40' area for parking stalls
- Install and manage silt fence and storm drain inlet protection
- Add seed, fertilizer and blanket disturbed area around the new parking
- Install precast concrete wheel stops and handicap signs.
Amount: 8600.00
Subtotal: $8,600.00
Sales Tax: $0.00
Project Total: $8,600.00
Quote pricing is based on total due upon completion. Either party has the unconditional right to cancel at
any time. Upon cancellation, Mangold Horticulture will invoice the next business day after termination
for all work completed by cancellation date. Once material is ordered down payments are nonrefundable.
ART
C
IX
UR..
II'.
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Brad:
PO Box 250
Excelsior, MN 55331
952- 999 -1633
mhort. com
3/9/2015
Quote 9 53
Valid Until 4 /8/2015
You recently requested pricing information from our company. Thank you for giving us the opportunity
to bid for your business. We are working hard to establish a reputation for quality and we look forward to
showing you that it is well deserved.
Passionate people, outstanding results - Our team is excited about what we do and would love the
opportunity to work with you.
Here is our quote:
Work For Gideon Glen -
- Remove 45' for curb and replace with surmountable curb
- Replace casting to work with surmountable curb (save old casting for Shorewood Public Works)
- Dig 8 ", add gravel, grade and compact 22' by 40' area for parking stalls
- Install and manage silt fence and storm drain inlet protection
- Add seed, fertilizer and blanket disturbed area around the new parking
- Install precast concrete wheel stops and handicap signs.
Amount: 8600.00
Subtotal: $8,600.00
Sales Tax: $0.00
Project Total: $8,600.00
Quote pricing is based on total due upon completion. Either party has the unconditional right to cancel at
any time. Upon cancellation, Mangold Horticulture will invoice the next business day after termination
for all work completed by cancellation date. Once material is ordered down payments are nonrefundable.
Mangold Horticulture crews shall arrive at the property unannounced unless noted herein. Any alterations
and /or additions to this quote shall be handled with a new quote as needed.
Mangold Horticulture guarantees all work to be completed in a workmanlike manner according to
industry standards. Subgrade conditions are evaluated during the estimating process; however, Mangold
Horticulture is not responsible for any unexpected problems (i.e. poor soil conditions, buried objects, etc.)
Any unexpected subgrade issues will be handled through a new quote.
Mangold Horticulture will have utilities marked by State Gopher One Call. Any utilities not marked by
State Gopher One Call are property owners' responsibility to mark (i.e. secondary gas lines, irrigation
systems, etc.).
Mangold Horticulture will carry liability and workmen's compensation on outlined work. Property owner
is responsible to carry fire, tornado, flood, etc. insurance on outlined work.
Contractor's Lien Notice To Owner: Any person or company supplying labor or material for this
improvement to your property may file a lien against your property if that person or company is not paid
for the contributions. Under Minnesota law you have the right to pay persons who supplied labor or
materials for this improvement directly and deduct this amount from our contract price, or withhold the
amount due to them, from us, until 120 days after completion of the improvement unless we give you a
lien waiver sign by persons who supplied any labor or materials for the improvement and who gave timely
notice.
With acceptance of this quote the above prices, specifications and conditions are satisfactory and hereby
accepted. Mangold Horticulture is authorized to do the work as specified. Payment will be made as
outlined above.
Signature and Date:
City of Shorewood
Mangold Horticulture
Again, passionate people, outstanding results - Our team is excited about what we do and would love the
opportunity to work with you.
�l owl
City of Shorewood Council Meeting Item
Title / Subject:
City Hall Landscape Maintenance — Proposal
Meeting Date:
27 April 2105
Prepared by:
Brad Nielsen
Reviewed by:
Patti Helgesen
Attachments: Mangold Horticulture Proposal
#10D
MEETING TYPE
Regular Meeting
Policy Consideration: Should the City contract with a landscape maintenance company for periodic
maintenance of landscaping at the City Hall?
Background: Last year the City contracted with Stonescapes for periodic maintenance of the City Hall
property. Since then, our representative from Stonescapes, Justin Mangold, has left to form his own
company — Mangold Horticulture. We have asked Mr. Mangold to submit a bid for this year's work on
the City Hall. The bid is attached and includes adding the back of the building to the work.
Financial or Budget Considerations: Mr. Mangold's bid retains the same price the City paid last year,
but includes additional work - the rear of the building.
Options: The Council should decide if the proposed twice -a -month service has been worthwhile and, if
so, contract with Mangold Horticulture for their services in 2015.
Recommendation / Action Requested: Our relationship with Mr. Mangold at Stonescapes has been
exceptional. Staff has relied on his advice for other landscape matters outside of the City Hall property.
As such, we recommend approval of the proposal for landscape services.
Next Steps and Timelines: If approved, Mangold Horticultural is ready to begin work first thing in May.
Connection to Vision / Mission: Attractive amenities.
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
Billing Address:
City of Shorewood
Brad Nielsen
5755 Country Club Road
Shorewood, MN 55331
Work Site Address:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Brad:
PO Box 250
Excelsior, MN 55331
952- 999 -1633
mhort.com
4/10/2015
Quote 4 19
You recently requested pricing information from our company. Thank you for giving us the opportunity
to bid for your business. We are working hard to establish a reputation for quality and we look forward to
showing you that it is well deserved.
Passionate people, outstanding results - Our team is excited about what we do and would love the
opportunity to work with you.
Here is our quote:
Garden Maintenance Around City Hall Building -
- Shrub & Ornamental Tree Pruning - As needed for the season
- Landscape Bed Weeding - Every other week visits April to November
- Perennial & Shrub Fertilizing - 2 visits per year
- Landscape Bed Pre - emergent Weed Control - 2 visits per year
- Fall/Spring Perennial Cut Backs - 1 -2 visits per year
Garden Maintenance per month April through October-
Amount: 245.00
Pricing does not include applicable Minnesota sales tax.
MANGOID
la�i'ORTICUIXURE
Billing Address:
City of Shorewood
Brad Nielsen
5755 Country Club Road
Shorewood, MN 55331
Work Site Address:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Brad:
PO Box 250
Excelsior, MN 55331
952- 999 -1633
mhort.com
4/10/2015
Quote 4 19
You recently requested pricing information from our company. Thank you for giving us the opportunity
to bid for your business. We are working hard to establish a reputation for quality and we look forward to
showing you that it is well deserved.
Passionate people, outstanding results - Our team is excited about what we do and would love the
opportunity to work with you.
Here is our quote:
Garden Maintenance Around City Hall Building -
- Shrub & Ornamental Tree Pruning - As needed for the season
- Landscape Bed Weeding - Every other week visits April to November
- Perennial & Shrub Fertilizing - 2 visits per year
- Landscape Bed Pre - emergent Weed Control - 2 visits per year
- Fall/Spring Perennial Cut Backs - 1 -2 visits per year
Garden Maintenance per month April through October-
Amount: 245.00
Pricing does not include applicable Minnesota sales tax.
Quote pricing is based on net 30 payment terms. Either party has the unconditional right to cancel at
anytime. Upon cancellation Mangold Horticulture will invoice the next business day after termination for
all work completed by cancellation date. Mangold Horticulture crews shall arrive at the property
unannouned unless noted herein. Any altertations and /or additions to this quote shall be handled with a
new quote as needed.
With acceptance of this quote the above prices, specifications and conditions are satisfactory and hereby
acceped. Mangold Horticulture is authorized to do the work as specified. Payment will be made as
onlined above.
Signature and Date:
City of Shorewood
Mangold Horticulture
Upon accepting this quote an email will be sent detailing how to get scheduled. Again, passionate people,
outstanding results - Our team is excited about what we do and would love the opportunity to work with
you.
#10E
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject:
Tree Replacement Policy for Trail /Sidewalk Projects
Meeting Date:
27 April 2015
Prepared by:
Brad Nielsen
Reviewed by:
Jean Panchyshyn
Attachments: Draft Resolution
Policy Consideration: Should the City adopt a tree replacement policy for trees lost as part of
trail /sidewalk projects?
Background: At its last meeting, the City Council directed staff to prepare a resolution providing for tree
replacement on trail /sidewalk projects.
Financial or Budget Considerations: Approximately $500 per parcel. The number of parcels varies with
individual trail projects.
Options: Approve the draft resolution; modify it; or take no action.
Recommendation / Action Requested: Assuming staff addressed the items mentioned by the Council at
the last meeting, adoption of the resolution is recommended.
Next Steps and Timelines: If adopted, the policy can be applied to the Smithtown Road (East) trail
project.
Connection to Vision / Mission: Healthy environment and attractive amenities.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION ADOPTING A TREE REPLACEMENT POLICY FOR CITY
TRAIL /SIDEWALK PROJECTS
WHEREAS, the City of Shorewood (City) has adopted a Tree Preservation and
Replacement Policy (the Policy) for the purpose of protecting natural vegetation in new
developments and construction sites; and
WHEREAS, the Policy does not require the City to replace trees lost to public
improvement projects; and
WHEREAS, the City has undertaken a program of building trails /sidewalks in the
community, which frequently results in loss of trees within the public rights -of -way; and
WHEREAS, the City values and wishes to preserve the tree -lined appearance of various
streets within the community;
NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby
approves the following tree replacement policy:
A. In instances where trail/sidewalk construction projects result in loss of significant trees or
significant clusters of vegetation (at the discretion of the City Council), as defined in the Policy,
the City shall offer abutting property owners replacement trees as follows:
If the property owner wishes to plant the trees, it will be offered two, two -inch
caliper, deciduous trees, or two, four -foot high, coniferous trees from a list of
available trees provided by the City. Under this option, the owner is responsible
for initial and ongoing care and maintenance of the trees.
2. If the property owner prefers planted trees, the City will plant one, two -inch
caliper, deciduous tree, or one, four -foot high, coniferous tree from a list of
available trees provided by the City. Under this option, initial care and
maintenance will be done by the City's tree vendor. Ongoing care and
maintenance of the trees will be the responsibility of the property owner.
All replacement trees must be planted outside the public right -of -way or easement
areas, but no farther away than 20 feet from such right -of -way or easement.
B. In instances where the City must acquire public right -of -way or easements, replacement
trees may be provided as part of the financial compensation negotiated through the acquisition
process.
ADOPTED by the Shorewood City Council this 27th day of April, 2015.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
CITY OF
� SHOREWOOD
(2 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 474 -3236
Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityhall @ci.shorewood.mn.us
Re: Trail Schedule Update — Galpin Lake Road and Smithtown Road (East)
Prepared by Paul Hornby and Brad Nielsen
Galpin Lake Road Walkway Schedule — PROJECT IS POSTPONED TO 2016
0 Planning Commission recommendation to Council re trail segment for following year
0 Council authorizes preparation of survey and Feasibility Report
0 Survey (30 days) — May
0 Feasibility Report (30 days) — June
0 Planning Commission review of feasibility report and trail walk — July
0 Planning Commission recommendation to Council re Feasibility Report
0 Council approves Feasibility Report
0 Planning Commission holds Neighborhood Meeting (Open House)
0 Council award of land acquisition services and authorizes preparation of Plans and Specifications
0 Preparation of Plans and Specifications (90 days)
■ 95% Complete submittal to MnDOT 7/01/14
■ MnDOT Review Complete 7/31/14
■ CC Authorization to Advertise for bids 6/23/14
■ Open Bids 8/19/14
■ CC consideration of Award 8/25/14
L Land Acquisition Process (start approx. mid -way through plans and specs)
• Land Acquisition process not required due to design modifications
• Individual temporary easements or rights of entry may be required
• Reduces project schedule
0
Neighborhood post -bid meeting
10/30/14
❑
City possession of easements /letter of compliance
N/A
❑
Groundbreaking Ceremony
TBD
❑
Begin Construction
TBD
❑
Construction substantially complete — Phase 1 Construction
TBD
❑
Construction substantially complete — Phase 2 Construction
TBD
❑
Ribbon Cutting Ceremony
TBD
❑
Restoration complete
TBD
Trail Schedule Update Galpin Lake Road and Smithtown Road (East) Page 2
Smithtown Road East (LRT Trail to Country Club Road) Walkway Schedule
El
■❑
I
El
El
El
El
El
El
El
El
El
El
El
Planning Commission recommendation to Council re trail segment for following year 6/03/14
Council authorizes preparation of survey and Feasibility Report 6/23/14
Survey (30 days) — (In Process) 7/14/14 — 9/10/14
Feasibility Report (30 days) — 8/18/14 - 10/10/14
Planning Commission review of feasibility report and trail walk 10/21/14
Planning Commission recommendation to Council re Feasibility Report 10/21/14
Council approves Feasibility Report 10/27/14
Planning Commission holds Neighborhood Meeting (Open House) 10/30/14
Council award of land acquisition services and authorizes preparation of Plans 12/08/14
and Specifications
Preparation of Plans and Specifications (90 -120 days) 12/11/14 - 5131115
Land Acquisition Process (start approx. mid -way through plans and specs) 2/1/15 - 8/31/15
o Complete parcel descriptions and legal descriptions
• Review proposed easements with staff/attorney
• Letters to property owners regarding survey staking
• Field stake proposed easements for Appraiser /RW Agent
• Easement viewing — parcel owner and RW Agent on -site
• Appraisal information
• Appraisal review
• Council considers resolution to authorize staff to make offers and eminent domain schedule
• Prepare and deliver offers to parcel owners
Begin eminent domain action
Neighborhood informational meeting (Open House)
Council approves Plans and Specifications and authorizes ad for Bids
Receive bids for construction
City possession of easements /letter of compliance
Council awards Construction Contract
Neighborhood preconstruction meeting
Groundbreaking Ceremony
Begin Construction
Construction substantially complete
Ribbon Cutting Ceremony
Restoration complete
3/23/15
5/19/15
7/27/15
8/21/15
8/24/15
8/24/15
8/27/15
8/27/15
9/07/15
6/30/16
6/30/16
6/15/16
Date: April 23, 2015
To: Mayor Zerby
Council Members
From: Bruce DeJong, Finance Director
Re: March, 2015 General Fund Monthly Budget Report
The 2015 General Fund is tracking about where we would expect. Revenues are a little under
and expenditures are a little under 2014, but not by any amount that would raise concern at this
point in the year.
GENERAL FUND EXPENDITURES
Council — This is the only budget that varies significantly from the prior year. The
difference is primarily the transfer that was made in 2014 for the house sale proceeds to
the Park Improvement fund.
Please contact me or Mr. Joynes if you have any questions.
Attachment: March Budget Spreadsheet
General Ledger
Revenue and Expense vs Budget
3/3112015
One Year
Description
Budget
Period Amt
YTD
Budget
% Collected
Prior Actual
General Fund
Taxes
$
4,931,464
$ -
$
1,232,866
0.0%
$
Licenses & Permits
$
147,770
$ 55,570
$
36,943
37.6%
$ 66,998
Intergovernmental
$
87,251
$ 77,294
$
21,813
88.6%
$ 85,277
Charges for Service
$
42,200
$ 23,792
$
10,550
56.4%
$ 11,257
Fines & Forfeits
$
57,000
$ 8,743
$
14,250
153%
$ 11,436
Mise Revenues
$
210,400
$ 90,580
$
52,600
43.1%
$ 98,449
Other Financing Sources
$
25,000
$ -
$
6,250
0.0%
$ -
General Fund Revenue Total
$
5,501,085
$ 255,978
$
1,375,271
4.7%
$ 273,417
One Year
Description
Budget
Period Amt
YTD
Budget
% Expended
Prior Actual
Council
Personal Services
$
22,600
$ 5,544
$
5,650
24.5%
$ 4,198
Supplies
$
2,000
$ 313
$
500
15.6%
$ -
Other Services and Charges
$
110,350
$ 11,778
$
27,588
10.7%
$ 9,624
Other Financing Use
$
70,000
$ -
$
17,500
0.0%
$ 283,414
Council
$
204,950
$ 17,635
$
51,238
8.6%
$ 297,236
Administraton
Personal Services
$
251,153
$ 61,235
$
62,788
24.4%
$ 58,213
Supplies
$
20,900
$ 3,902
$
5,225
18.7%
$ 4,417
Other Services and Charges
$
145,500
$ 20,890
$
36,375
14.4%
$ 21,067
Administraton
$
417,553
$ 86,027
$
104,388
20.6%
$ 83,697
Finance
Personal Services
$
134,758
$ 34,288
$
33,690
25.4%
$ 32,258
Supplies
$
10,050
$ 1,099
$
2,513
10.9%
$ 7,140
Other Services and Charges
$
16,000
$ 189
$
4,000
1.2%
$ 2,006
Finance
$
160,808
$ 35,576
$
40,202
22.1%
$ 41,403
Professional Services
Other Services and Charges
$
215,060
$ 8,137
$
53,765
3.8%
$ 66,926
Professional Services
$
215,060
$ 8,137
$
53,765
3.8%
$ 66,926
Planning
Personal Services
$
173,157
$ 44,242
$
43,289
25.6%
$ 43,389
Supplies
$
300
$ 400
$
75
1333%
$ -
Other Services and Charges
$
11,000
$ 5,707
$
2,750
51.9%
$ 2,617
Planning
$
184,457
$ 50,349
$
46,114
27.3%
$ 46,007
Municipal Buildings
Supplies
$
23,400
$ 10,657
$
5,850
45.5%
$ 10,695
Other Services and Charges
$
170,800
$ 92,440
$
42,700
54.1%
$ 72,208
Other Financing Use
$
101,513
$ -
$
25,378
0.0%
$ -
Municipal Buildings
$
295,713
$ 103,096
$
73,928
34.9%
$ 829903
One Year
Description
Budget
Period Amt
YTD Budget
% Expended
Prior Actual
Police Protection
Other Services and Charges
$
1,072,645
$
267,536
$ 268,161
24.9%
$ 261,160
Capital Outlay
$
225,181
$
56,295
$ 56,295
25.0%
$ 57,441
Police Protection
$
1,297,826
$
323,831
$ 324,457
25.0%
$ 318,601
Fire Protection
Other Services and Charges
$
361,315
$
90,141
$ 90,329
24.9%
$ 87,197
Capital Outlay
$
276,156
$
69,039
$ 69,039
25.0%
$ 69,606
Fire Protection
$
637,471
$
159,180
$ 159,368
25.0%
$ 156,803
Protective Inspections
Personal Services
$
121,323
$
28,745
$ 30,331
23.7%
$ 27,884
Supplies
$
200
$
-
$ 50
0.0%
$ -
Other Services and Charges
$
7,700
$
1,570
$ 1,925
20.4%
$ 1,238
Protective Inspections
$
129,223
$
30,315
$ 32,306
23.5%
$ 29,122
City Engineer
Supplies
$
-
$
-
$ -
$ 37
Other Services and Charges
$
87,900
$
5,454
$ 21,975
6.2%
$ 4,147
City Engineer
$
87,900
$
5,454
$ 21,975
6.2%
$ 4,184
Public Woks Service
Personal Services
$
494,547
$
85,285
$ -
17.2%
$ 63,134
Supplies
$
167,700
$
8,979
$ 41,925
5.4%
$ 17,724
Other Services and Charges
$
142,600
$
16,783
$ 35,650
11.8%
$ 18,026
Other Financing Use
$
830,000
$
-
$ 207,500
0.0%
$ -
Public Works Service
$
1,634,847
$
111,046
$ 285,075
6.8%
$ 98,884
Ice & Snow Removal
Personal Services
$
58,339
$
12,888
$ 14,585
22.1%
$ 41,258
Supplies
$
45,000
$
15,590
$ 11,250
34.6%
$ 25,591
Ice & Snow Removal
$
103,339
$
28,478
$ 25,835
27.6%
$ 66,849
Park Maintenance
Personal Services
$
109,473
$
35,321
$ 27,368
32.3%
$ 29,141
Supplies
$
23,300
$
582
$ 5,825
2.5%
$ 901
Other Services and Charges
$
38,000
$
5,014
$ 9,500
13.2%
$ 6,612
Park Maintenance
$
170,773
$
40,917
$ 42,693
24.0%
$ 36,654
Recreation
Personal Services
$
36,743
$
20,064
$ 9,186
54.6%
$ 18,104
Supplies
$
5,800
$
600
$ 1,450
10.3%
$ 983
Other Services and Charges
$
18,800
$
154
$ 4,700
0.8%
$ 2,449
Other Financing Use
$
42,000
$
-
$ 10,500
0.0%
$ -
Recreation
$
103,343
$
20,818
$ 25,836
20.1%
$ 21,537
General Fund Expenditure Totals
$
5,643,263
$
1,020,859
$ 1,287,179
18.1%
$ 1,350,806
Revenue Total
$
5,501,085
$
255,978
$ 1,375,271
$ 273,417
Expense Total
$
5,643,263
$
1,020,859
$ 1,287,179
$ 1,350,806
General Fund Net
$
(142,178)
$
(764,881)
$ 88,092
$ (1,077,389)