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01-23-17 CC Reg Mtg Agenda CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 23, 2017 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby Johnson Labadie Siakel Sundberg B. Review Agenda Attachments 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of January 9, 2017 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. Planning Director Position Administrator's memo C. Approve Hiring for Lead Supervisor in Public Works Administrator's memo D. Setting the Date of Monday, May 1, 2017, for the Open Book Meeting Clerk's memo E. Accepting the Resignation of Jean Panchyshyn and Authorize Administrator's memo Advertisement of City Clerk position F. Appointment of Representative to the Minnetonka Community Clerk's memo, Resolution Education Advisory Council G. Appointment of Representative to the Lake Minnetonka Clerk's memo, Resolution Conservation District Board H. Accept Improvements and Authorize Final Payment Engineer's memo, 2016 Crack Fill and Sealcoat Project, City Project 16-01 Resolution L Approve Professional Services Agreement for Geotechnical Exploration Engineer's memo and Report for Riviera Lane and Shorewood Lane Reconstruction, City Project 17-04 4. MATTERS FROM THE FLOOR (No Council Action will be taken) CITY COUNCIL REGULAR MEETING AGENDA—JANUARY 23,2017 Page 2 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Report on Lake Minnetonka Conservation District activities by representative Deborah Zorn 7. PARKS A. Report by Justin Mangold on the January 10 Park Commission meeting Draft Minutes B. Badger Park Parking Lot Planning Director's memo C. Freeman Park South Parking Lot Planning Director's memo 8. PLANNING A. Report by representative on the January 17,Planning Commission meeting B. C.U.P. for Accessory Space over 1200 Sq. Ft. Planning Director's memo, Applicant: Al and Jennifer Larson Resolution Location: 21125 Radisson Road C. Proposed Rezoning, R-1A to R-IC Club Lane Area Planning Director's memo Draft Ordinance 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Waters Senior Living Project Financing Administrator's memo Location: 22920 Highway 7 and 723 Water Street Resolution B. Regulations for Residency of Convicted Sex Offenders Planning Director's memo Draft Ordinance, Resolution C. Simple Recycling Service Agreement Administrator's memo D. Deer Management Plan 2016 Summary Report Planning Director's memo 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Finance Director's memo 2. Council Retreat—February 24 B. Mayor and City Council 12. ADJOURN #2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 9, 2017 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Oath of Office and Seating of the Council Administrator Lerud administered the Oath of Office to newly elected Mayor Scott Zerby, Councilmember Patrick Johnson and Councilmember Kristine Sundberg. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Attorney Keane (arrived at 7:16 P.M.); City Administrator Lerud; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: None. B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of December 12, 2016 Siakel moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of December 12, 2016, as presented. Motion passed 4/0/1 with Johnson abstaining due to his absence at the meeting. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 17-001, “A Resolution Setting the 2017 City Council Regular Meeting Schedule for the City of Shorewood.” C. Reaffirm Travel Policy for Elected Officials CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 2 of 13 D. Accept Donation for Arctic Fever E. Adopting RESOLUTION NO. 17-002, “A Resolution Confirming Approval of the Residential Recycling Grant Agreement with Hennepin County Contract No. A166425 for 2017 – 2020.” F. Authorize the Transfer of Funds for Acquisition of Southshore Center G. Adopting RESOLUTION NO. 17-003, “A Resolution Ordering Preparation of Feasibility Report for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project, City Proje3ct 17-04.” Councilmember Sundberg asked if the other four owners of the Southshore Center have to accept the total amount of $311,000 for the purchase of their combined interests in the Center. Administrator Lerud clarified that amount was fixed in the court order. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Making Appointments to Certain Offices and Positions within the City of Shorewood for 2017 Zerby moved, Labadie seconded, adopting RESOLUTION NO. 17-004, “Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2017.” 1. The following persons are appointed to the following offices and positions: a) Acting Mayor: Debbie Siakel Council Representatives to: b) Park Commission Liaison: January – June 2017: Jennifer Labadie July – December 2017: Debbie Siakel c) Planning Commission Liaison: CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 3 of 13 January – June 2015: Kristine Sundberg July – December 2015: Patrick Johnson d) Metro Cities (AMM) and League of Minnesota Cities (LMC): Kristine Sundberg e) Alternate Metro Cities (AMM & LMC): City Administrator f) Lake Minnetonka Communications Commission: Scott Zerby g) Alternate Lake Minnetonka Communications Commission: Patrick Johnson h) Minnetonka Family Collaborative Council: Jennifer Labadie i) Coordinating Committee South Lake Minnetonka Police Department: Mayor j) Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: Jennifer Labadie k) Excelsior Fire District Board Member: Kristine Sundberg l) Alternate Excelsior Fire District Board Member: Debbie Siakel m) Investment Committee: None n) Personnel Committee: Debbie Siakel and Kristine Sundberg o) Weed Inspector: Mayor p) Assistant Weed Inspector: Joe Lugowski 2. That the following other appointments are made: a) City Attorney: Timothy J. Keane, Kutak Rock LLP b) City Prosecutor: Ken Potts c) Emergency Preparedness Director: per Police Board Decision 3. Official Depositories: Alerus Bank, 4M Fund & other Depositories as necessary 4. Official Newspaper: Sun Sailor. Notices may also be published in the Laker. 5. That the Blanket Bond (Official Bonds) is approved. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Motion passed 5/0. B. Annexation/Detachment Agreement for The Waters Senior Living Project Location: 22920 Highway 7 and 723 Water Street Administrator Lerud explained that during its December 12, 2016, meeting Council directed him to hire a public finance advisor to review the Tax Increment Financing (TIF) Plan proposed by the City of Excelsior for The Waters Senior Living’s (The Waters) project in Excelsior called The Waters of Excelsior. He hired David Drown with David Drown Associates to do that review. The meeting packet contained a copy of a letter which documents Mr. Drown’s perspective. Mr. Drown’s comments indicate the development would be very favorable for both Excelsior and Shorewood in the long term. Mr. Drown also indicated there is one area where there might be a possible improvement and that is in the financing of the project. He thought the financing method being proposed would be less efficient than issuing a pay-as-you-go note that would be privately placed with a bank. During a conversation with the financial advisor for Excelsior he learned that Excelsior does not do anything other than pay-as-you-go TIF. What Mr. Drown has proposed is not technically pay-as-you-go, but in all sense and regards it is a pay-as-you-go. He recommended Council approve the Attachment/Detachment Agreement (the Agreement) and adopt the Resolution requesting concurrent detachment from Shorewood and annexation into Excelsior of certain lands, provided Council finds the financing acceptable. By approving both the project can keep moving forward. He clarified that the TIF Plan has not gone through final approval stage; it is still in draft form. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 4 of 13 Lerud stated if Council wants to hear more about the financing method proposed he offered to invite Mr. Drown to come before Council on January 23 either during its regular meeting or during a work session to provide more information. Councilmember Labadie asked that Mr. Drown be invited to come to a work session on January 23. Councilmember Siakel noted she thought that would be a good idea. Attorney Keane arrived at 7:16 P.M. Mayor Zerby noted that staff has recommended Council take two actions. The first would be to approve the Agreement as presented. The second is to adopt the Resolution as presented, with the proviso that Council urges strong consideration by the Excelsior City Council of alternative methods to finance the project. He asked how Council wanted to proceed. Jay Jensen, representing The Waters Senior Living, explained The Waters was very interested is getting the most efficient financing possible for its project. The Waters has to put a second mortgage on the property and guarantee the TIF note. To the extent that the term of the TIF note can be shortened to make it more efficient would be in The Waters best interest as well. He respectfully requested Council approve the items and that The Waters representatives show Shorewood staff a financing plan. He noted that the TIF Plan will not be finalized for a while; the hope is to close in June 2017. He stated if Council approves both items tonight The Waters architects can begin to work on drawings for the project the next day. He noted that he asked Administrator Lerud if he could contact Mr. Drown. He then noted that he has worked on financing for about 50 TIF Districts during his career. He also has a lot of experience with pay-as-you-go and city notes. The goal for financing for this project is pay-as-you-go with absolutely no risk to either City, have it be as efficient as it can be and for the shortest term possible. He stated that The Waters representatives prefer not to have to come before the Shorewood Council again. It would continue to work with both staffs on financing. Councilmember Siakel stated she wants to keep the process moving forward and that she wanted the approval to be contingent on the outcome of the discussion with Mr. Drown and approval of Council. Mayor Zerby asked if Council could make the contingency part of the approval of the resolution. Attorney Keane clarified Council has as much discretion on this item as it does on other items. Councilmember Sundberg asked if making the approval contingent would slow the project down. Mr. Jensen clarified that until they have all of the necessary public approvals they cannot start on the plans for the project and noted they do not want to have to come back before Council again. He reiterated The Waters’ willingness to work with staff on the financing details. Sundberg noted that she would be comfortable to have The Waters representatives work with staff as a good faith effort. She questioned if slowing the project down is in the public’s best interest. Mayor Zerby stated from his vantage point it is ultimately up to the Excelsior Council to decide on the financing method. It is in Excelsior’s best interest to get the most efficient financing and he does not think the Excelsior Council would do otherwise. He noted he had spoken with the Excelsior Mayor and the Excelsior City Manager and both are interested in hearing about what Shorewood’s suggestions are. He expressed a willingness to hear what Mr. Drown has to say. He stated he was not sure what a contingency of approval should be, noting he questioned what a contingency could be when this was discussed during the December 12 Council meeting. He noted that he would be comfortable approving both the Agreement and adopting the Resolution and having The Waters representatives continue to work with staff on financing methods. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 5 of 13 Councilmember Siakel stated that she thought Mr. Drown made a suggestion that would be in Shorewood’s best interest. She questioned if Excelsior agrees with that suggestion. Administrator Lerud stated the contingency should be that the financing would be acceptable to Shorewood. He then stated he would share Mr. Drown’s letter with Excelsior representatives. He noted that if the Shorewood does not find the financing method to be acceptable after hearing from Mr. Drown on January 23 then the financing the developer proposes would be the last option to pursue. He stated there are only three financing options: Excelsior, Shorewood or the developer. Attorney Keane stated from his perspective the financial consequences as summarized in Mr. Drown’s letter are fairly significant. He then stated it is Shorewood’s expressed intent for there to be a financing package that achieves the TIF objectives while being the most financially beneficial and expedient for the public. He asked Administrator Lerud if there are any other signoffs required from Shorewood other than those being considered this evening. Lerud responded no. Keane explained that in the resolution of approval Council can request that the financing be acceptable to Shorewood and have faith that Excelsior would abide by that intent. Mayor Zerby stated that in the Agreement it stipulates that Shorewood is a partner with Excelsior in the project and that at the end of the term of the TIF District there will be a 70/30 split of property tax proceeds with Shorewood receiving 70 percent. What would be good for Excelsior would also be good for Shorewood and vice versa. He questioned why Shorewood would have a different interest than Excelsior in preparing the financing method that would be a good deal. He stated he expected Excelsior to put a good deal together. Attorney Keane questioned why Shorewood had to come forth with a plan that made more sense than the plan Excelsior endorsed. Councilmember Labadie stated if Excelsior comes up with an alternative financing option she asked if the Shorewood Council would have to approve it. Attorney Keane stated he thought Council was asking Shorewood staff to come up with a financing plan that would be in the best interest of Shorewood. Mayor Zerby reiterated Excelsior representatives have indicated a willingness to hear Shorewood’s opinions. He stated he thought Excelsior may question why Shorewood believes it needs to push other financing alternatives. Attorney Keane stated it was Shorewood that asked the questions. He does not think the deal can be negotiated on today’s terms and Shorewood called that out after consulting with a highly regarded fiscal agent (Mr. Drown). Mr. Drown indicated that he thought the terms could be negotiated on a much more favorable basis. Mayor Zerby noted that Excelsior used Springsted to prepare this TIF Plan and the Springsted representative is the same one as the Shorewood used to prepare a TIF Plan for a project in Shorewood. Mr. Jensen explained that part of the challenge he had when creating a financing plan for a TIF District was he put the numbers together before he saw the terms of the TIF Agreement that came from another individual who prepares the TIF Agreements. The numbers used were very preliminary. The $100,000 rough estimate for origination costs includes all of the costs of issuance and the legal costs noting The Waters attempts to estimate high. He noted that The Waters is likely more interested in more efficient financing and for a shorter term than Shorewood is because The Waters is guaranteeing it. He again CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 6 of 13 requested that the Shorewood Council approve the two actions during this meeting. He stated that The Waters representatives will keep both Administrator Lerud and Attorney Keane abreast of what is going on with the financing and that he will contact Mr. Drown. He noted that The Waters wants to be a good neighbor and a good partner for many years to come. That is how The Waters has acted in the past and is currently acting with Excelsior and Shorewood. Mayor Zerby reiterated that Council is being asked by Administrator Lerud to approve two items; the Agreement and the Resolution. Sundberg moved, Labadie seconded, approving the Attachment/Detachment Agreement between the City of Excelsior and the City of Shorewood as presented. Motion passed 5/0. Councilmember Siakel stated she would be more comfortable if the adoption of the Resolution had a contingency put on it. Attorney Keane asked Mr. Jensen if by Council waiting to adopt the Resolution until January 23 would really slow the project down noting there have been significant approvals already granted. He stated that the decision to move forward with the next phase of documentation is a business decision that The Waters makes. He then stated that the Shorewood Council is struggling with the financing contingency. Mr. Jensen explained The Waters has been working on this project for two years with two cities. The Waters will spend about $700,000 on architectural fees. There have been some surprises along the way; things that did not affect the project but were between the two cities. He and his partners have agreed that until The Waters obtains approval on all of the items they will not move forward with anything else. There has already been $50,000 spent on the project. The approval of the Resolution is the last thing needed that would keep the project moving forward. He noted that but for the TIF The Waters could not do the project. He stated if something unrelated to the project happens between the two cities The Waters would be stuck. He again asked for Council to adopt the Resolution. He noted that he and Attorney Keane have worked on TIF Districts before. He stated the interests of The Waters, Excelsior and Shorewood are all aligned and that people will come up with an efficient financing plan. Councilmember Sundberg stated she cannot think of a reason to think that The Waters and Excelsior would not want to come up with the best financing package possible. If she could then she would likely want a contingency. She expressed her comfort with allowing the project to move forward because of The Waters willingness to work with both Cities to come up with the best financing available. She stated there has been a lot of scrutiny about the project which she thought is needed by the community. She noted she supports adopting the Resolution without there being a contingency attached with a good faith commitment that The Waters will work with both Cities. Councilmember Labadie asked Councilmember Siakel what wording of the contingency would put her at ease. Siakel stated she had not thought about that in depth. Councilmember Johnson stated for Council to be forced to make a decision before taking the recommendation of the financial advisor to take a second look at the financing is difficult for him to dismiss. He then stated the project is unique because it straddles the boundaries of Shorewood and Excelsior; The Waters new that going in. He expressed his support for extending consideration of the Resolution to January 23 to allow Council to be better informed about the financing. Councilmember Labadie stated if action on the Resolution is continued to January 23 she asked what the impact on the project would be of the two-week delay in adopting the Resolution. Mr. Jensen stated it CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 7 of 13 would be a two-week delay and noted that he came before Council on December 12 and action was delayed until this meeting. Mr. Jensen reiterated the financing is The Waters risk and would guarantee it. He noted that he has worked with Springsted on TIF for almost 40 years. He stated what Council will learn from any financial advisor about the TIF is to try to get the lowest interest rate possible and to lower the cost of issuance. He reiterated that Excelsior also wants the most efficient financing as possible because it also wants the development as soon as possible. He stated The Waters was very willing to make sure that Shorewood staff is kept informed about the financing. Administrator Lerud asked Mr. Jensen when Excelsior is going to approve the TIF District. Mr. Jensen explained that happens after the annexation is submitted. Mr. Jensen stated the approval of the Resolution is critical for The Waters because that would confirm that both Cities are on board. Councilmember Labadie noted that Shorewood is on board with the project. But, some members of Council would like more comfort. She stated that although certain things may benefit multiple cities there can sometimes be tension about doing them. She then stated there is some hesitancy about the financing method. Mr. Jensen explained the key factor in shortening the length of the TIF District is the inflation rate over the next 15 years (i.e.; what are property taxes going to go up). The interest rate would likely be between 3 percent and 6 percent and that would have some impact. No more will be known about those two key factors in two weeks than is known now. The inflationary rate will not be known for many years to come. He noted that if The Waters got Council’s support during this meeting would give it the comfort to move forward with a significant investment in the community. Mayor Zerby read the last paragraph in the letter from Mr. Drown. It stated “Overall, the transaction looks reasonable and beneficial for the City of Shorewood. I would make sure that the final documents do not allow TIF revenues to be used for other projects in Excelsior; and I would certainly investigate other debt options that could pay of the TIF obligations more quickly than the current proposal.” He thought that could be part of the proviso for adopting the Resolution. Councilmember Sundberg stated she is comfortable with what Council is being asked to approve. Administrator Lerud stated he had spoken with Mikaela Huot with Springsted. She also indicated that Excelsior will only do pay-as-you-go financing. He thought Ms. Huot needs to make a case to the Excelsior Council. In response to a comment from Councilmember Johnson, Mr. Jensen expressed confidence that two weeks from now Council will not learn anything that will make the Councilmembers more comfortable. The interest rate would not be known because the debt would not be placed until June 2017. And, the inflation rate would not be known for many years. Councilmember Johnson asked if more would be known about Excelsior’s perspective about a different financing approach in two weeks. Administrator Lerud stated it depends on how Excelsior responds to Mr. Drown’s letter and suggestion. Johnson stated he would like to know what would be acceptable to the Excelsior Council. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 8 of 13 Councilmember Siakel asked what pay-as-you-go means. Administrator Lerud explained for a pay-as- you-go note, which The Waters has proposed, The Waters would place the debt and Excelsior would issue a pay-as-you-go TIF note that would pay The Waters who in turn would pay its debt with revenue generated by the increase in value of the property. Lerud then explained that Mr. Drown proposed that Excelsior issue a note (a revenue bond that would be taxable or tax exempt). The note would be privately placed with a bank. It had been Mr. Drown’s experience that the interest rate would be better and that the origination fee would be much less. That would result in the property being back on the tax rolls sooner. Mr. Drown had not contacted a banker about that yet. Lerud noted that in reality there would not be much difference except for the structure of it. Mr. Jensen explained each city has a TIF policy that it follows. Excelsior’s TIF Policy is only for a pay- as-you-go notes. The more efficient financing structure with a city or economic development authority issuing the note would conflict with Excelsior’s TIF Policy. Administrator Lerud stated that Mr. Drown was not willing to have Shorewood blow up the project because of that. Mayor Zerby noted that he was not either. Sundberg moved, Zerby seconded, adopting a Resolution requesting concurrent detachment from Shorewood and annexation into Excelsior of certain lands, with the proviso that The Waters Senior Living works in good faith with staffs from Shorewood and Excelsior on continuing to negotiate the best financing package possible. Councilmember Johnson stated he finds it difficult for him to support that without there being a contingency. Motion failed 2/3 with Johnson, Labadie and Siakel dissenting. Siakel moved, Labadie seconded, continuing the consideration of a Resolution requesting concurrent detachment from Shorewood and annexation into Excelsior of certain lands to Council’s January 23, 2017, meeting pending the discussion with David Drown and directing staff to send a copy of Mr. Drown’s letter dated December 29, 2016, to the Excelsior. Motion passed 3/2 with Sundberg and Zerby dissenting. C. Regulations for Residency for Convicted Sex Offenders Director Nielsen explained that during the latter part of 2016 South Lake Minnetonka Police Department (SLMPD) Chief Meehan asked each of the four SLMPD member cities to approve substantially consistent sexual offender and sexual predator ordinances. That was based on a court decision at that time that allowed for the release of those individuals who had previously been restricted in where they could live after having served their prison terms. The City of Greenwood is the only member city to date that has approved such an ordinance. The meeting packet contains a copy of an ordinance drafted in response to Chief Meehan’s request. More than 30 cities in the State of Minnesota have approved essentially the same model ordinance as the one proposed for Shorewood. The most significant difference in the ordinances adopted is the spacing distances (which range from 500 feet to 2000 feet from where children might congregate such as schools, churches, daycare facilities, parks, and bus stops) where the predators and offenders could live. Greenwood chose spacing of 1000 feet. The Shorewood draft ordinance reflects the same spacing as Greenwood’s. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 9 of 13 Nielsen displayed a map showing the differences between 1000-foot spacing and 2000-foot spacing from various locations. In response to a question from Councilmember Sundberg, Attorney Keane stated it is directed at child sex offenders and those that have been designated by the State as level III sex offenders. Sundberg asked if the ordinance is attempting to address pedophiles. Attorney Keane stated it would be appropriate for Council to have Chief Meehan address its questions during Council’s January 23 meeting. He noted staff worked in consultation with the League of Minnesota Cities (LMC) representatives when drafting the ordinance. He stated there are other public resources available to Council to help educate them. He noted there is no sense of urgency to approve the ordinance. Councilmember Sundberg noted that she has a number of questions she would like to have answered. One of them what constitutes the classification of level III. Attorney Keane stated there are resources to provide to answer that. Sundberg moved, Johnson seconded, continuing the approval of an ordinance restricting the residency of convicted sex offenders to Council’s January 23, 2017, meeting provided South Lake Minnetonka Police Department Chief Meehan can be in attendance. Councilmember Labadie stated she thought it important for the SLMPD member cities to implement consistent ordinances to make enforcement easier. She then stated if Chief Meehan has already accepted Greenwood’s ordinance then she questions the need to continue this item. However, she would vote in favor of the motion on the table. Councilmember Siakel stated she could support approving the ordinance as presented now. Councilmember Sundberg stated this is a very serious topic. She asked why the distance is 1000 feet and not 2000 feet. Attorney Keane stated that it a policy discussions. Sundberg noted that she wants to understand this topic better. She then stated the internet indicates there are 24 registered sex offenders near the Shorewood zip code clarifying she does not know what near means. Attorney Keane stated the Department of Corrections is seeking placement of offenders. Therefore, implementing an ordinance would be the appropriate thing to do. Director Nielsen stated if Councilmembers have specific questions he asked them to submit them to him in advance so staff and Chief Meehan can be prepared to answer them. Motion passed 5/0. D. 2017 Fee Schedule Adjustments Director DeJong explained the City commissioned Ehlers to do a stormwater rate study and a sanitary sewer rate study in 2013. At that time Ehlers proposed a 20 percent increase in the stormwater utility fee each year from 2014 through 2018 and a 3 percent increase in the sanitary sewer utility fee for each of those same years. Because the City has not done some of the anticipated enterprise improvement projects the increases have not been implemented as quickly as recommended. Staff recommends the City CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 10 of 13 implement the recommended rates for 2016 in 2017 in order to continue to cover the City’s costs for those two enterprise operations. That means an average property owner in Shorewood would experience a combined increase of about $6.61 per quarter (or about a 6.7 percent increase overall for those two utility fees). Siakel moved, Labadie seconded, Approving ORDINANCE NO. 536, “An Ordinance Titled ‘License, Permit, Service Charges and Miscellaneous Fees’.” Motion passed 5/0. E. Appeal Zoning Violation Notice Applicant: Erick Galatz on behalf of Doug and Sheila Punke Location: 20695 Radisson Road Director Nielsen noted this item has been resolved. F. Appeal Extension of Deadline to Comply with Notice to Remove Applicant: Kert Koerting Location: 20325 Excelsior Boulevard Director Nielsen explained staff has been working with Kurt Koerting, 20325 Excelsior Boulevard, over the last few months to resolve issues associated with a resident complaint the City received about a number of nuisance items on his property. Mr. Koerting has made remarkable progress in cleaning up his property but he has not met the deadlines the City set. Mr. Koerting has asked for a 30-day extension to comply with the Notice. He noted staff recommends Council grant the 30-day extension. If Mr. Koerting fails to comply by February 9, 2017, the matter would be turned over to the City Attorney for further legal action. Kert Koerting, 20325 Excelsior Boulevard, stated he has been making progress on cleaning up his property in spite of numerous setbacks. He noted that the Shorewood Building Official Joe Pazandak came out to his property on January 4, 2017, and Pazandak indicated he thought he was about 92 percent complete with the cleanup effort. He stated there is some subjectivity about what is considered junk. Councilmember Siakel asked Mr. Koerting which of the items listed in the Notice to Remove have not been removed yet. Mr. Koerting explained the Notice listed two identical white Isuzu trucks which are about 30 years old. He does have some place where he can bring one truck to and leave it there. The Notice states one truck exceeds the 12,000 pounds gross weight. That was illegally over plated by someone prior to him owning it; he needs to relicense that truck to 12,000 pounds when the license expires. He has a truck with collector plates on it; that truck is legal for him to have. It is a 1961 Mercedes truck and he wants to find a new permanent home for it. Councilmember Siakel asked if the boat and trailer are still on the property. Mr. Koerting stated yes and noted that the boat is a small boat and it is parked on a trailer that he got for free. The trailer is not in his name. He is in the process of filling out and submitting paperwork that would allow him to get a license for it. Mr. Koerting explained there had been piles of materials; some of them are gone and others he is trying to reduce in size. Some is for firewood. He has acquired other lumber to use in repairing his roof. He had acquired about 150 1-foot by 8-foot clear cedar planks from a fence he had taken down for someone. He also acquired red cedar logs in 2016. He needs about 40 posts to replace his fence. He has started to use CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 11 of 13 bricks he acquired to do some landscape terracing. He noted that he had too many projects going on. Some of them he will accelerate forward and others he intends on abandoning. Councilmember Labadie asked Mr. Koerting if he thought 30 days would be enough time to remove the remaining nuisance items from his property. Mr. Koerting responded yes and explained he has a privacy fence which will shield some things from public view. Labadie moved, Sundberg seconded, granting Kert Koerting, 20325 Excelsior Boulevard, a 30-day extension to February 9, 2017, to comply with the Notice to Remove Councilmember Siakel suggested the motion be amended to require that one half of the vehicles be dealt with over the next two weeks and then comply with the remainder of the items on the Notice to Remove by the end of February 2017. Without objection from the maker or the seconded, the motion was amended to grant Kert Koerting, 20325 Excelsior Boulevard, until February 28, 2017, to comply with the Notice to Remove subject to him removing one half of the vehicles in violation by January 23, 2017. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the November 2016 Monthly Budget Report. Other Director Brown noted that the Arctic Fever event is scheduled for January 12 – 15, 2017. He then noted the City received the replacement traffic feedback sign for Country Club Road southbound. He anticipates it to be mounted and working within the next few days. He explained staff has been working on an issue related to City’s rights and property owners’ rights at the end of Howards Point Road. The City has maintained that roadway at the end of the point for many years. The property owners are going to rebuild and bring the rights into question. Councilmember Labadie stated Council heard there will not be a snow sculpture competition during the Arctic Fever event this year due to lack of snow. She asked if any other activities have been canceled. Director Brown stated there will not be a sliding hill activity. Engineer Hornby stated toward the end of December 2016 he sent Council a memorandum regarding the Minnetonka Country Club (MCC) project. He then explained the activities along Smithtown Road near the MCC project site was related to undergrounding an Excel Energy utility line. That work is winding down. Director DeJong stated he was working on 2016 year-end activities. In 2017 there are some new requirements that have to be implemented. For example, W2s need to be reported to the federal government by January 31, 2017; the same time they need to be sent out to individuals. That is a month earlier than in past years. He then stated 2016 audit field work will begin on January 10. A representative CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 12 of 13 from the City’s audit firm will come on site to do some audit work. The goal is to have the audit report presented to Council by the end of May 2017. Director Nielsen stated he and Administrator Lerud will interview applicants to replace him the end of the week. Mayor Zerby stated the links on the City’s website for the Oppidan project and the MCC project have not been updated since they were basically created. He asked Director Nielsen to get the information from Engineer Hornby and have the website updated. Administrator Lerud stated the bid period for the sale of the Skate Park equipment has closed. The City did not receive any bids. Staff will try and find a home for that equipment. Councilmember Sundberg explained Xcel Energy’s Partners in Energy program is kicking off again. Shorewood applied to be part of the program and was accepted. Shorewood is the smallest city participating. She has met the Xcel team and Xcel’s consultants. She is very optimistic about the opportunities the City may have. The object of that initiative is to establish a community wide vision for energy. Part of her real interest is to identify opportunities for Shorewood and its residents. The overall group is in the process of recruiting individuals in the community to be members of an advisory group. A CUB Foods manager has indicated he wants to participate. She encouraged interested individuals to contact the Shorewood Communications Coordinator. Mayor Zerby stated a resident asked him if the City has changed its salt/sand mixture because the resident’s dog’s paws were reacting differently to the mixture. Director Brown explained that for the 2015/2016 snow season the City did not use much salt as it normally does. The City was obligated to take delivery of 80 percent of the amount of salt it had agreed to purchase. Because there was no place to store it the City had been running pure salt to treat the roadways. Because some of that salt has been used there is room to store it. The City is back to using a salt/sand mixture. B. Mayor and City Council George Greenfield, 24715 Yellowstone Trail, asked what the requirements are to call for public comment on a particular agenda item. Attorney Keane explained the Council regular meeting agenda is published with an open comment period for the public to comment on any items not on an agenda. If there are items that are not public hearings on the agenda that the public wants to comment on they can let the chair of the meeting know that they want to comment on a particular agenda item when that item is discussed. Items on an agenda that are noted for a public hearing part of the hearing will be opened for a public comment period. Mr. Greenfield stated that from his perspective that is not how things are presented. He thought that it has been past practice to allow the public to comment on items that are not public hearings. He explained that during Council’s December 12, 2016, meeting the consideration of an Attachment/Detachment Agreement between the Cities of Shorewood and Excelsior was continued to this meeting. That Agreement is needed for The Waters Senior Living’s project in Excelsior to move forward. The public was not provided an opportunity to comment on The Waters project during the December 12 meeting nor during this meeting. Mayor Zerby stated he did not pick up any signal from Mr. Greenwood that he wanted an opportunity to comment. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 9, 2017 Page 13 of 13 Mr. Greenfield stated he called one member of Council to get information on that but his phone call was not returned. 12. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Regular Meeting of January 9, 2017, at 8:30 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk #3A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: January 23, 2017 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. 63301 - 63308 & ACH 52,699.79 63309 - 63323 & ACH 2016 Items 152,917.28 63324 - 63334 & ACH 2017 Items 19,164.18 Total Claims $224,781.25 We have also included a payroll summary for the payroll period ending January 8, 2017. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay these claims or may r expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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(B+D'TL? &^? &-(COD'()+B)+'(,('(.B+.D+DT.'''' 3789-I4%?@!-BOCO+ =$&4 !B,*ILEGG-ER=GEH-">ES-VRHIER3I3789-HK1$8!-(N>3L-G$?<@&!-M?@ TB''*> 8%#8-MZ .H$4^74#$0.M 5?$-"? 9-+''C'''()+B)+'(,('(.TB.DDD(.'''' 3789-I4%?@!-+''C'' =$&4 !T((3>ILGERPG-IEPGE3789-HK1$8!-(,>3L-G$?<@&!-M?@ +'(,.> 8%#8MZR9?.I?-;#07%-OCT*'()+B)+'(,('(.TB.DDD(.'''' 3789-I4%?@!-OCT* =$&4 !D'OX/-/G;;GE-\-HJPH-RP33789-HK1$8!-(O>3L-G$?<@&!-I 1 ++('O,H?@%-\-H?$&-*ONCO+'()+B)+'(,('(.BB.D+DT.'''' 3789-I4%?@!-*ONCO+ =$&4 !D(DaRG];GE-RP33789-HK1$8!-(*>3L-G$?<@&!-I 1 "3''(OT'(O(31%%#$0-G&0-B,+C(D'()+B)+'(,('(.BB.D+DT.'''' 3789-I4%?@!-B,+C(D I4%?@-:4 -3789-E1$!-(*W(NDC(O I4%?@-4:-P15< -4:-3789!-(* >".34561% -3789-" 44:-;#%-<2-=$&4 -_'()(*)+'(,-.-(+!((-"/`"?0-B #3B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Planning Director Position Meeting Date: January 23, 2017 Prepared by: Greg Lerud Reviewed by: Attachments: Background: The city received eight applications for the Planning Director position. After ranking each of the applications on a 100 point scale, three were selected to move forward with a preliminary interview. Recommendation / Action Requested: The planning director is a critical position for the city. Based on the interviews, applications, and candidate information, I recommend that the city reauthorize advertising for the position. I further recommend that we expand the posting and search beyond the League of MN Cities site and we will also place an advertisement with the MN Planning Association. Next Steps and Timelines: Proposed hiring timeline: Accept applications from January 24 through February 24 Review applicants the week of February 25, and select candidates for a preliminary interview Bring finalist(s) forward for council interview on March 13 or 27 Start mid to late April Planning Director Nielsen has indicated he is willing to provide continued service on a part-time basis through this process. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 #3C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Hiring Lead Supervisor for Public Works Meeting Date: January 17, 2017 Prepared by: Greg Lerud Reviewed by: Larry Brown Background: At the December 12 council meeting, the Council approved advertising and interviewing for a new lead supervisor for the public works department. The position was advertised internally and two applications were received. Public Works Director Brown and I interviewed both of them on January 5. Both candidates interviewed well. Recommendation / Action Requested: A conditional offer was made to Brett Baumann, and the terms are below: 1.Starting salary: $29.91 per hour. 2.Probationary period is six months, with a performance review at the conclusion of the probationary period. 3.This position is a non-union position, however, these specific terms of the union contract regarding uniforms are included with this offer: a.City will provide five clean uniforms consisting of shirts and pants each week. b.Provide up to $250.00 annually toward the purchase of steel-toed safety boots and $100.00 for the cost of prescription safety eyewear, if applicable. Payment is reimbursed to you upon providing receipt to the Public Works Director. c.City will provide $125 to you on an annual basis on or as near to January 1, for the purchase of coveralls and cold weather gear. It will be your responsibility to obtain, maintain, and wear this gear at appropriate times. 4.All other benefits and personnel matters are guided by the city’s personnel policy. 5.Must obtain a valid MN Class SD Wastewater License within one year of the date of this offer. 6.Must obtain a valid MN Class D Water License within one year of the date of this offer. 7.Upon receiving Water license, the pay will be increased to $31.11, then increases on same schedule as other employees. The position is a line supervisor position so it is non-exempt from FLSA. I recommend offering this position to Mr. Baumann. 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 #3D MEETING TYPE City of Shorewood Council Meeting Item Special Meeting Title / Subject: Setting the Date of Monday, May 1, 2017, for the Open Book Meeting Meeting Date: January 23, 2017 Prepared by: Jean Panchyshyn, City Clerk Reviewed by: Greg Lerud, City Administrator Attachments: Background: Hennepin County conducts the Open Book meeting each year. This year, the County is proposing the date of Monday, May 1, 2017, from 5:00 – 7:00 PM for the Open Book meeting at Shorewood City Hall. This falls on the first Monday of the month, which has been the date of the meeting in past years. Recommendation / Action Requested: A motion approving Monday, May 1, 2017, from 5:00-7:00 PM for the City of Shorewood Open Book meeting to be conducted by Hennepin County at Shorewood City Hall. 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 #3E MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Jean Panchyshyn retirement Meeting Date: January 23, 2017 Prepared by: Greg Lerud, City Administrator Reviewed by: Attachments: City Clerk Job description Advertisement notice Background: Jean Panchyshyn gave me her notice of retirement effective March 3, 2017. Her retirement was not unexpected, but it does not make her leaving any less impactful. Jean is an outstanding city clerk and her absence will be felt by all departments with the city, as well as our residents. It is important that this position be filled by the best possible candidate. Recommendation / Action Requested: In order to find the best possible candidate to fill this critical position, I recommend that along with posting the position internally, the city advertise broadly to attract additional quality applicants. I am requesting approval of the attached job description and notice and authorization to post internally and advertise at the League of MN Cities site, as well as at any other organizations where the city could expect to reach interested and qualified applicants. Next Steps and Timelines: Notice sent out on January 24. Position will remain open until filled, but first review of applicants would start February 15. Interviews scheduled shortly thereafter, and a conservative estimate of start date would be April 1. 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 _____________________________________________________________________ POSITION TITLE: City Clerk DEPARTMENT: Administration ACCOUNTABLE TO: City Administrator SUPERVISES: Park and Recreation Coordinator/Adm Asst; Receptionist/Adm Asst; Communications/Recycling Coordinator _____________________________________________________________________ OBJECTIVE AND SCOPE Performs moderate to complex technical and varied duties in providing administrative support to the City Administrator. Performs duties and responsibilities of the City Clerk under the direction of the City Administrator. ESSENTIAL FUNCTIONS OF THE POSITION A. Performs the duties of the City Clerk 1. Responsible for management of the day-to-day operation of the city office, to include supervision of two full-time staff, one part-time staff and temporary staff. Serves as a member of the City’s management team. 2. Attend seminars, workshops, and city clerk professional organization meetings as necessary and related to the position. 3. Maintains all official city records: Direct the filing, maintenance, distribution, storage, retention coordination, retrieval and disposal of vital city records such as Minutes, Resolutions, Meeting Packets, Ordinances, Contracts and Agreements, Oaths of Office, Deeds, Easements, and Leases Sign, Certify and/or Notarize official documents; Proofread Minutes, Resolutions and other city documents for accuracy; Respond to data practices requests. 4. Attend City Council meetings: Coordinate the preparation and distribution of the City Council meeting agendas; Oversee City Recorder and preparation of Council meeting minutes. 5. Prepares notices and legal publications for publication in the newspaper and complies with State Statutes and local Ordinances regarding public notification. 6. Administer all licenses and general permits, such as liquor, tobacco, waste haulers, tree trimmers, dogs, and stable permits. 7. Supervises the administration of elections (primary and general) of the City, including maintenance of election records; recruiting and training of election judges; candidate filing and campaign financial reporting; publication of legal notices, managing absentee ballot process; maintenance of election equipment and supplies; conducting election equipment testing; setting up polling sites and supervising election day procedures. B. Performs Administrative Duties 1. Answers a variety of public inquiries regarding municipal practices, policies, procedures, licensing and applications. 2. Administers the City Code Book annual ordinance codification. 3. Oversees the preparation, production and maintenance of City communications including Newsletter, Website, E-news, and other informational materials. 4. Prepares and administers the City Clerk, Elections and City Hall Municipal Building budgets. 5. Oversees the purchase of and maintains office equipment, including consulting with vendors on technological equipment purchases, repairs and service. 6. Assist with software training; troubleshoot and communicate software and hardware issues to IT network provider and software service providers, and follow-up to resolve issues. 7. Provides assistance to the City Administrator including preparation of correspondence, reports, resolutions and ordinances. 8. Oversees city hall custodial service. 9. Carry out Supervisory Responsibilities of Administrative Support Staff in accordance with the City’s policies and applicable laws, to include coordinating clerical support functions; training and evaluation; review employment applications, interview and recommend applicants for employment. 10. Provides back-up support for duties of Administrative Support Staff. C. Performs other duties as apparent or assigned. SUPERVISORY RESPONSIBILITIES Carries out supervisory responsibilities of all employees within the administration department. Responsibilities include training; planning, assigning, and directing work; evaluating performance; rewarding employees; disciplining employees including oral and written reprimands and the ability to suspend; transferring; adjusting grievances; addressing complaints and resolving problems of employees. Responsibilities also include the ability to effectively recommend: hiring; promoting; demoting; and discharging employees. EDUCATION and/or EXPERIENCE High School Diploma or equivalent plus two (2) years post-secondary education. Minimum of three years increasingly responsible experience in municipal service; Associate degree or equivalent and supervisory experience is preferred. OTHER KNOWLEDGE, SKILLS AND ABILITIES  Working knowledge of municipal policies, operation, procedures and functions.  Knowledge of correct English language usage, including grammar and spelling; visual proofreading skills.  Ability to read and interpret documents and procedure manuals.  Utilizes effective communicate skills both verbally and in writing with elected officials, supervisors, other employees and the general public.  Ability to prepare reports and correspondence.  Ability to file and maintain files alphabetically and numerically, maintain organized, complete and accurate records, and knowledge of records retention practices.  Experience with computer operations and proficient use of Microsoft Office (Word, Excel, PowerPoint, Outlook, etc) and capable of learning other software programs as required.  Familiar with operation of various types of office equipment.  Capable of making arithmetic computations using whole numbers, fractions and decimals. Ability to compute rate, ratios and percentages.  Knowledge of election procedures.  Ability to train and supervise employees, election judges, volunteers.  Ability to work independently.  Skill delivering verbal presentations.  Ability to prioritize and organize work effort to meet deadlines.  Adheres to the values and behaviors established for employees of the city of Shorewood. CERTIFICATES, LICENSES, REGISTRATIONS Minnesota Municipal Clerks Certification or the ability to acquire within three (3) years of employment. In compliance with the American With Disabilities Act the following represents the Physical and Environmental Demands : The position requires an equal amount of time spent standing, walking, and sitting. Lifting, pushing/pulling, or carrying objects weighing up to thirty (30) pounds is sometimes required, with a maximum of forty (40) pounds infrequently required. Climbing, stooping, kneeling, crouching, crawling, twisting, and bending are sometimes required. Repetitive movements of the hands are sometimes required. Audio, visual, and verbal functions are essential functions to performing this position. The majority of the workday is spent indoors. Job Announcement: The City of Shorewood, pop 7,400, is accepting applications for the position of City Clerk. Position is responsible for maintaining all city records, coordinating elections and providing election judge training, and supervising a staff of three. Prior experience as a municipal clerk preferred. Salary range is $30.72 to $37.38. A job description and applications are available at Shorewood City Hall, 5755 Country Club Drive, Shorewood, MN 55331, www.ci.shorewood.mn.us, or (952) 960-7905. Return completed application to City Hall, or email to: glerud@ci.shorewood.mn.us. Contact Greg Lerud, City Administrator with any questions. Position is open until filled, but first review of applications will be February 14. #3F MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Appointment of Tad Shaw as representative to the Minnetonka Community Education (MCE) Advisory Council Meeting Date: January 23, 2017 Prepared by: Jean Panchyshyn, City Clerk Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Policy Consideration: Should the City Council appoint Tad Shaw to serve as the Minnetonka Community Education (MCE) Advisory Council representative? Background: Tad Shaw has served as representative on the MCE Advisory Council for over 22 years, and he is interested in continuing to serve for 2017. As no other candidates have come forward, Council may decide to appoint Mr. Shaw for another term. Should another candidate express interest in serving on this advisory council, Tim Litfin, MCE Executive Director, indicated an additional member would be welcome. Options: 1)Approve the attached resolution appointing Tad Shaw as the Minnetonka Community Education (MCE) Advisory Council representative for 2017. Recommendation / Action Requested: Approval of the attached resolution provided. Next Steps and Timelines: Staff will notify Mr. Shaw and MCE of his appointment. 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. 17-____ A RESOLUTION MAKING AN APPOINTMENT TO THE MINNETONKA COMMUNITY EDUCATION (MCE) ADVISORY COUNCIL WHEREAS, the City of Shorewood annually appoints a Shorewood resident to serve as City Representative on the MCE Advisory Council; and WHEREAS, the City advertised this volunteer board opportunity for appointment to said Advisory Council; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby appoints Tad Shaw as City Representative on the Minnetonka Community Education (MCE) Advisory Council for the year 2017. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of January, 2017. _____________________________ ATTEST:Scott Zerby, Mayor ____________________________________ Jean Panchyshyn, City Clerk #3G MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Representative Appointment on the Lake Minnetonka Conservation District (LMCD) Board Meeting Date: January 23, 2017 Prepared by: Jean Panchyshyn, City Clerk Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Background: The City has advertised for a resident volunteer to serve on the LMCD Board. The current representative, Ms. Deborah Zorn, was appointed in March, 2014, for a three-year term and has expressed an interest in continuing to serve in this capacity. The LMCD is requesting the appointment be for a three year term, February 1, 2017 – January 31, 2020. Recommendation / Action Requested: Approval of a resolution appointing Deborah Zorn as Shorewood representative to the Lake Minnetonka Conservation District Board for the period February 1, 2017 – January 31, 2020. Next Steps and Timelines: Staff will notify the LMCD of Council’s decision. Connection to Vision / Mission: Making an appointment to the LMCD Board provides residents with 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 RESOLUTION NO. 17-_____ A RESOLUTION MAKING AN APPOINTMENT TO THE LAKE MINNETONKA CONSERVATION DISTRICT BOARD WHEREAS, the City of Shorewood appoints a resident to represent the City on the Lake Minnetonka Conservation District; and WHEREAS, the City advertised this volunteer board opportunity for appointment to said Board; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood to appoint Ms. Deborah Zorn on the Lake Minnetonka Conservation District Board, effective February 1, 2017, and continuing through January 31, 2020. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD rd this 23 day of January, 2017. ______________________________ ATTEST:Scott Zerby, Mayor __________________________________ _____________________________ Jean Panchyshyn, City Clerk #3H MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Accepting Constructed Improvements and Authorizing Final Payment for the 2016 Crack Fill and Seal Coat Project,City Project 16-01 Meeting Date: January 23, 2017 Prepared by: Paul Hornby Reviewed by: Attachments: Resolution, Final Payment Summary Background: The City awarded the 2016 Crack Fill and Seal Coat Project, City Project 16-01,to Pearson Bros. Inc., on May 9, 2016. Pearson Bros., Inc. has completed the scheduled work in general conformance with the Contract documents and has requested final payment. The City Engineer has determined that the project is substantially complete and final payment is appropriate. Pearson Bros., Inc. has submitted the two-year Maintenance Bond, Minnesota Form IC-134 Withholdings Affidavit, lien waivers and the signed request for final payment. A Resolution Accepting Improvements for the 2016 Crack Fill and Seal Coat Project, City Project 16-01, and Authorizing Final Payment is included for Council consideration of approval. Financial or Budget Considerations: The Capital Improvement Plan budget in the Street Reconstruction Fund is$245,000 for the 2016 Crack Fill and Seal Coat Project. The bid awarded to Pearson Bros., Inc. with a total of$195,880.00, including Change Order No. 1 as approved by City Council, and the final project construction amount is$213,256.30. The amount remaining for payment with Payment Request No. 2/Final is$83,567.05. Recommendation/Action Requested: Staff recommends approval of the Resolution Accepting Improvements for the 2016 Crack Fill and Seal Coat Project, City Project 16-01, and Authorizing Final Payment Pearson Bros. Inc., in the amount of$83,567.05. 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. 17 - A RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT FOR THE 2016 CRACK FILL AND SEAL COAT IMPROVEMENTS CITY PROJECT NO. 16-01 WHEREAS, on May 9, 2016, the City of Shorewood entered into a contract with Pearson Bros. Inc., for the 2016 Crack Fill and Seal Coat Project, City Project 16-01; and, WHEREAS, the Contractor has completed the project work and has requested City acceptance of the project and final payment for the work performed and documented to date; and, WHEREAS, the City Engineer has made final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: The City hereby accepts the work completed pursuant to said contract and authorizes final payment to the Contractor, and all warranties shall commence as of the date of acceptance, January 23, 2017. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of January, 2017. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk Pay Voucher Pagel of 3 Owner: City of Shorewood Date: 12/21/2016 5755 Country Club Road Shorewood, MN 55331-8926 For Period: 10/6/2016 to 12/21/2016 Request No.: 2 & FINAL WSB Contractor: Pearson Bros., Inc. 11079 Lamont Avenue NE Hanover, MN 55341-4063 Pay Voucher SHOR-2016 Crack Fill &Seal Coat Project Client Contract No.: Project No.: 02925-08 Client Project No.: Project Summary 1 Original Contract Amount $182,020.00 2 Contract Changes -Addition $13,860.00 3 Contract Changes - Deduction ($2,126.00) 4 Revised Contract Amount $193,754.00 5 Value Completed to Date $213,256.30 6 Material on Hand $0.00 7 Amount Earned $213,256.30 8 Less Retainage $0.00 9 Subtotal $213,256.30 10 Less Amount Paid Previously $129,689.25 11 Liquidated Damages $0.00 12 AMOUNT DUE THIS PAY VOUCHER NO. 2 & FINAL $83,567.05 1 HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER. Recommended for Approval by: Construction Observer: WSB&Associates, Inc. Approved by Contractor: Approved by Owner: Pearson Bros., Inc. City of Shorewood Specified Contract Completion Date: Date: Comment: Pay Voucher Page 2 of 3 Project Material Status Item Item Description Units Unit Price Contract Quantityl Current JAMOL No. I I I I lQuantitylto Date IQuantityIDate SCHEDULE A-CITY OF SHOREWOOD 1 2021.501 MOBILIZATION LS $5,000.00 1 0.75 0 $3. 2 2356.505 BITUMINOUS MATERIAL FOR SEAL COAT (CRS-2P) GAL $2.601 36100 42291 15216 $109. 3 2356.604 SEAL COAT AGGREGATE FA-2 CLASS A (GRANITE) S Y $0.601 138600 0 -103950 Totals For Section SCHEDULE A- CITY OF SHOREWOOD: $113. SCHEDULE B -CITY OF VICTORIA 4 2021.501 MOBILIZATION LS $0.00 1 0 0 5 2355.502 BITUMINOUS MATERIAL FOR FOG SEAL GAL $0.00 50 0 0 6 2356.505 BITUMINOUS MATERIAL FOR SEAL COAT (CRS-2P) GAL $0.00 13800 0 0 7 2356.604 SEAL COAT AGGREGATE CLASS A (TRAP ROCK) S Y $0.00 53100 0 0 Totals For Section SCHEDULE B- CITY OF VICTORIA: SCHEDULE C -CITY OF MINNETRISTA ROADWAYS 8 2021.501 MOBILIZATION LS $0.00 1 0 0 9 2356.505 BITUMINOUS MATERIAL FOR SEAL COAT (CRS-2P) GAL $0.00 6700 0 0 10 2356.604 SEAL COAT AGGREGATE FA-2 CLASS A (GRANITE) S Y $0.00 25700 0 0 11 2331.619 ROUT AND SEAL BITUMINOUS PAVEMENT CRACKS RD STA $0.00 86 0 0 Totals For Section SCHEDULE C - CITY OF MINNETRISTA ROADWAYS: SCHEDULE D -CITY OF MINNETRISTA TRAILS 12 2021.501 MOBILIZATION LS $0.00 1 0 0 13 2355.502 BITUMINOUS MATERIAL FOR FOG SEAL GAL $0.00 2100 0 0 14 2331.619 ROUT AND SEAL BITUMINOUS PAVEMENT CRACKS LF $0.00 25001 0 0 Totals For Section SCHEDULE D - CITY OF MINNETRISTA TRAILS: Change Order 1 15 2356.604 SEAL COAT AGGREGATE FA-2 CLASS A (TRAP ROCK)I SQ YD 1 $0.701 1386001 145251 145251 $101 16 2356.604 SEAL COAT AGGREGATE FA-2 CLASS A (GRANITE) JSQ YD 1 ($0.60)1 1386001 01 0 Totals For Change Order 1: $101 Supplemental Agreement 1 17 12011.6011 DESIGN SERVICES ILS ($2,126.00) 11 11 1 ($2,' Totals For Supplemental Agreement 1: ($2,' Project Totals: $213. Pay Voucher Page 3 of 3 Project Payment Status Owner: City of Shorewood Client Project No.: Client Contract No.: Project No.: 02925-08 Contractor: Pearson Bros., Inc. Contract Chan es No. Type Date Description Amount CO1 Change Order 7/14/2016 SEAL COAT AGGREGATE REVISED $13,860.00 WHEREAS: ADDITIONAL TIME WAS SPENT BY ENGINEER ON DESIGN SA1 Supplemental 12/21/2016 SERVICES FOR RECONFIGURATION OF LINES NOW, THEREFORE, IT IS ($2,126.00) Agreement HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: ENGINEERING DESIGN TIME WILL BE DEDUCTED FROM CONTRACT Change Order Totals: $11,734.00 Pa ment Summa No. From To Date Payment Total Retainage Total Total Work Certified Total Work Date Payment Per Payment Retainage Payment+ Per Payment Certified Retainage 1 5/9/2016 10/5/2016 $129,689.25 $129,689.25 $6,825.75 $6,825.75 $136,515.00 $136,515.00 $136,515.00 2 & 10/6/2016 12/21/2016 $83,567.05 $213,256.30 ($6,825.75) $0.00 $213,256.30 $76,741.30 $213,256.30 FINAL Payment Totals: $213,256.30 $0.00 $213,256.30 $213,256.30 Project Summary Material On Hand: $0.00 Total Payment to Date: $213,256.30 Original Contract: $182,020.00 Total Retainage: $0.00 Contract Changes: $11,734.00 Total Amount Earned: $213,256.30 Revised Contract: $193,754.00 #31 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Accept Proposal for Professional Services - Geotechnical Exploration and Report for Shorewood Lane and Riviera Lane Street Reconstruction, City Project 17-04 Meeting Date: January 23, 2017 Prepared by: Paul Hornby, City Engineer Reviewed by: Attachments Proposal for Professional Services from AET Policy Consideration: Should the City Council enter into a contract with AET (American Engineering Testing, Inc.) to perform geotechnical exploration and report (soil borings and report) for the Shorewood Lane and Riviera Lane Street Reconstruction Project? Background: The City Council previously authorized the preparation of the feasibility report for the Shorewood Lane and Riviera Lane Street Reconstruction Project, City Project 17-04. The Professional services agreement included a budgetary item for outside vendors for sewer televising and for geotechnical investigation. AET has provided a professional services agreement for the requested work and is enclosed for Council consideration of approval. Tasks for the project include project management, soil field work, drilling four 15-foot deep borings, soil sample laboratory testing, and preparation of a report with recommendations for design of utilities and street section. Financial Considerations: AET proposes to perform the scope of work for an amount not to exceed $4,800, which is equal to the amount budgeted with the feasibility report agreement. Fees for this work will be paid through the street reconstruction fund. Options: 1. Accept the proposal, as presented. 2. Reject the proposal and provide staff with alternative direction. Recommendation: Staff is recommending that a motion accepting the proposal from AET be approved by Council. 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 AME RICAN CONSULTANTS ENVIRONMENTAL ENGINEERING GEOTECHNICAL 13 TESTING, INC. 'MATERIALS FORENSICS January 10, 2017 Paul Hornby, City Engineer City of Shorewood CIO WSB'&Associates, Inc. 444 Temperance Street St. Paul, MN 55101 Re: Proposal for Geotechnical Exploration and Report City of Shorewood Reconstruction Project Rivera and Shorewood Lane City of Shorewood, Minnesota Dear Mr. Hornby: American Engineering Testing,Inc. (AET)is pleased to submit a proposal for geotechnical engineering services for this project. In this proposal, we present our understanding of the project, an outline of the scope of services we are to provide, a fee schedule, and an estimate of charges. Project Information: The City of Shorewood is proposing the reconstruction of Riviera Lane form Yellow Stone Trail to Cul-De-Sae (approximately 850 feet), and Shorewood Lane from Smithtown Road to Cul-De-Sac (approximately 850 feet). The scope of the projects includes Roadway reconstruction and watermain extension Scope of Services: Field Exploration We propose drilling four soil borings for this project (located at approximately 500-foot intervals);the borings will be drilled to a depth of 15 feet each (60 lineal feet of drilling). AET will locate and mark the borings in the field. We will also provide the necessary traffic control and obtain the required permits for the requested work. We request that WSB survey the,boring locations and elevations after we have completed the field work. Before we drill,we will contact Gopher State One Call to locate public underground utilities. Gopher State One Call does not charge for this service,but they will not locate private lines. If there are private utilities on the site, it may be necessary to contact a private locating company, and these companies charge for their services. We have not included a fee in this proposal for retaining a private locator. If this is found to be necessary, we will pass this fee along to you at cost,in addition to our fee for the geotechnical exploration. We will drill the borings using hollow stem augers and sampling by the split-barrel method 550 Ueveland Avenue North �St. PaW, MIN 55114 Phone 55°x« -9001 1 T(A Free 800-972-6364 Fax 651-659-1379 Q www.amengtest.coo n�AAIE�EO This dOCLffrent ash ail not be reproduced,except in hill,withOLO WrItten approva1 fiunNnerican Engineering I-esfi ng,bic. City of Shorewood Reconstruction Project Riviera and Shorewood Lane Shorewood,MN January 10, 2017 Page 2 of 3 (ASTM D1586) at 2.5 foot intervals. Our crew will keep field logs noting the methods of drilling and sampling, the Standard Penetration Values (N-values, "blows per foot"), preliminary soil classification, and observed groundwater levels. Representative portions of recovered samples will be sealed in jars to prevent moisture loss and submitted to our laboratory for review, testing and final classification. Upon completion of drilling, we will backfill the boreholes to comply with Minnesota Department of Health regulations. Laboratory Testing We will initiate routine laboratory testing by reviewing each recovered soil sample to assess the major and minor soil components, while also noting the color, degree of saturation, and lenses or seams in the samples. We will visually/manually classify each sample on the basis of texture and plasticity in accordance with the Unified Soil Classification System, and prepare the boring logs. We also budgeted for performing four sieve analysis. Additional laboratory testing can be provided at your request at the rates shown in the attached fee schedule. Report We will prepare a geotechnical report in which we will present the results of our subsurface exploration and discuss the construction of the watermain, storm sewer improvements and present a pavement design using estimated subgrade R-values and traffic data that you will provide. We also provide recommendations for dewatering (if necessary), trench excavations and rock excavation(if necessary). - Fees Based on the scope of services defined above, our estimate of charges will be a lump sum of$4,800 (for 60 lineal feet of drilling). If organic soils are encountered and we have to extend the borings deeper than the planned depths,our charges will be an additional$22.00 per foot, for a maximum boring depth of 35 feet. If additional borings or deeper borings are needed, or if engineering and testing are requested beyond that required to prepare the geotechnical report (e.g., post-report consultation, report revision, specification review, pre-bid or pre-construction meetings), the increase of our fees will be in accordance with the unit prices shown on the enclosed fee schedule. Schedule: Based on our current backlog, we anticipate the fieldwork can begin within about one to two weeks of authorization. Verbal results and draft logs can be provided shortly after the fieldwork is completed. Environmental Concerns: This proposal is presented for engineering services to evaluate the structural properties of the soil at the specified site. This proposal does not cover an environmental assessment of the site American Engineering Testing, Inc. City of Shorewood Reconstruction Project Riviera and Shorewood Lane Shorewood,MN January 10, 2017 Page 3 of 3 or environmental testing of the soil or groundwater. If you wish to have us provide these additional services, please contact us. Terms and Conditions: All AET Services are provided subject to the Terms and Conditions set forth in the enclosed "Environmental/Geotechnical Service Agreement—Terms and Conditions," which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third-party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. Acceptance: This proposal is presented in electronic (PDF) form; hard copies can be prepared and mailed to your office upon request. AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2)authorizing AET's presence on site, or 3)written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. We have enclosed with this proposal a copy of the "Environmental/Geotechnical Service Agreement – Terms and Conditions." The terms contained in the attached "Environmental/Geotechnical Service Agreement –Terms and Conditions" are incorporated herein and are an integral part of this contract for professional engineering services. If you have questions regarding this proposal, please contact us. Sincerely, American Engineering Testing, Inc. Acceptance By: �w °p Signature: A. Reza Savabi, PE Senior Geotechnical Engineer Printed Name: Representing: Date: Enclosures: 2016 Geotechnical Fee Schedule Service Agreement(3 pages) American Engineering Testing, Inc. 2016 GEOTECHNICAL FEE SCHEDULE I. Personnel Hourly Rates 5. LPILE or GROUP 20.00/hr. A. Word Processing Specialist 66.00/hr. 6. Slope Stability(ReSSA) 20.00/hr. B. Engr,or Env.Technician I 72.00/hr. 7. Stabilized Earth Slopes&Walls 20.00/hr. C. Engr.or Env.Technician II 85.00/hr. 8. Settlement(FoSSA) 20.00/hr. D. Drill Technician/Geo Lab Technician 95.00/hr. 9. SHAFT 20.00/hr. E. Senior Engineering Technician 101.00/hr. F. Bit Wear-Rock Coring F. Engineering Assistant 111.00/hr. 1. Diamond Bit-Sedimentary Rock G. Engineer I/Geologist I 120.00/hr. a) B,NQ 10.50/foot H. Engineer II/Geologist II/Sr.Engr.Assistant 137.00/hr. b) HQ 12.50/foot I. Senior Engineer/Geologist 153.00/hr. 2. Diamond Bit-Metamorphic&Igneous J. Principal Engineer/Geologist 183.00/hr. a) B,NQ 17.50/foot b) HQ 20.50/foot II. Vehicle Mileage IV. Laboratory Tests of Soil A. Personal Automobile/Truck 0.75/mile A. Water Content hourly B. Auxiliary Truck Vehicle 1.00/mile B. Dry Density(includes water content) 57.00/test C. Truck with Coring,FWD,or GPR Equipment 1.10/mile C. Atterberg Limits(ASTM:D4318) D. Truck with Warning Sign/Crash Trailer 1.20/mile 1. Plasticity Index 110.00/test E. 1-ton Truck with Drill Rig 1.20/mile 2. Liquid Limit or Plastic Limit Separately 95.00/test F. 1%to 2%2-ton Truck with Drill Rig 1.35/mile D. Sieve Analysis(includes 4200) 102.00/test G. CPT Truck Rig(20-ton push capacity) 1.60/mile E. Hydrometer Analysis(sieve included) 197.00/test H. Tractor/Lowboy Trailer 1.80/mile F. Thermal Resistivity w/Proctor(ASTM:D5334) 1. As Received and Oven Dried(2 pts) 995.00/test III. Equipment Rental 2. Dry Out Curve(4 pts) 1235.00/test A. Drill Rig Rental G. Electrical Resistivity(ASTM:G57-Soil Box) 100.00/test 1. Rotary Drill on 1-ton Truck 72.00/hr. H. Corrosion/Concrete Attack Series* price upon request 2. Rotary Drill on 1'/z to 2'/z-ton Truck 82.00/hr. 1. Consolidation(up to 32 tsf) 3. Rotary Drill on All-Terrain Vehicle 112.00/hr. 1. With P-e curves only 475.00/test 4. Portable,Non-rotary Rig 82.00/hr. 2. With P-e curves,time curves 600.00/test B. Auxiliary/Specialty Vehicle Rental I. Unconfined Compression(incl.we/density) 95.00/test 1. Auxiliary Truck Vehicle 17.50/hr. J. Hand Penetrometer 10.00/test 2. Truck with Warning Sign/Crash Trailer 29.00/hr. K. Organic Content of Soil 65.00/test 3. Truck with Coring Equipment 45.00/hr. L. Topsoil Borrow Test(Mn/DOT 3877) 295.00/test C. Cone(CPT)Rig/Equipment Rental M. R-value(Hveem Stabilometer) 388.00/test 1. CPT Rig(Truck or ATV) 145.00/hr. N. California Bearing Ratio 2. Electronic Cone w/Computer 43.00/hr. 1. Granular 625.00/test 3. Soil Sampler 4.00/hr. 2. Cohesive 710.00/test 4. Water Sampler 20.50/hr. O. Proctor Tests(Methods A or B) D. Miscellaneous Equipment Rental 1. Standard 130.00/test 1. Field Vane Shear 325.00/day 2. Modified 140.00/test 2. Field Electrical Resistivity 250.00/day *includes pH,chloride ion,soluble sulfates,sulfides, 3. Field Seismic Shear Wave(ReMi) 425.00/day redox potential(resistivity not included). 4. Inclinometer Reading Equipment 335.00/day 5. Electronic Transducer Reading 175.00/day V. Expenses 6. Bore Hole Permeability A. Direct Project Expenses:includes out-of- Cost+ 15% a. Open End Casing Method 135.00/day town per diem;plowing&towing;special b. HQ Wireline Packer 330.00/day materials&supplies;special travel, 7. Borehole Pressuremeter 70.00/hr. transportation&freight;subcontracted 8. Iowa Borehole Shear Tester 335.00/day services,and miscellaneous costs 9. Double Ring Infiltrometer 265.00/day B. Equipment Replacement(when abandonment Cost 10. Photoionization Detector(PID) 115.00/day is more feasible than recovery) 11. GPS Mapping System 15.50/hr. C. Equipment Recovery(when required by Cost+ 15% 12. Pile Driving Analyzer(PDA) 750.00/day regulatory agencies or project specifications) 13. Calibrated SPT Rod 225.00/day 14. Pile Integrity Test(PIT) 350.00/day The rates presented are portal-to-portal with vehicle mileage, expenses 15. Portable Concrete Coring Equipment 45.00/hr. and equipment rentals being additional. 16. Pavement Testing Equipment(includes truck) a. Falling Weight Deflectometer 150.00/hr. Overtime for personnel charged at above cost plus 25% for over 8 b. Ground Penetrating Radar(GPR) 350.00/day. hours per day or Saturday; and at above cost plus 50%for Sundays or E. Geotechnical Software Rental Holidays. Hazardous work charged at an additional 25%. Night time 1. Geo Studio Finite Element 60.00/hr. shift work will include a premium charge of$30.00 per person per 2. CAPWAP 35.00/hr. shift. 3. AutoCAD or Microstation 30.00/hr. 4. Wave Equation(WEAP) 20.00/hr. O1DPM021.15(01/16) AMERICAN ENGINEERING TESTING,INC. ENVIRONMENTAL/GEOTECHNICAL SERVICE AGREEMENT-TERMS AND CONDITIONS Page 1 of 3 SECTION 1-RESPONSIBILITIES 1.1-This Service Agreement—Terms and Conditions("terms and conditions")is applicable to all Services provided by American Engineering Testing, Inc. (AET).As used herein "Services" refers to the scope of services described in the proposal submitted by AET to Client. The proposal,these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described in the proposal and are binding upon the Client,its successors,assignees,joint ventures and third-party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client's acceptance of the Agreement:1)issuing an authorizing purchase order for any of the Services,2) authorizing AET's presence on site,or 3)written or electronic notification for AET to proceed with any of the Services. 1_2—Prior to AET performing Services,Client will provide AET with all information that may affect the cost, progress,safety and performance of the , Services.This includes,but is not limited to,information on proposed and existing construction,all pertinent sections of contracts between Client and property owner,site safety plans or other documents which may control or affect AET's Services. If new information becomes available during AET's Services,Client will provide such information to AET in a timely manner.Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related to such changes.Client will provide a representative for timely answers to project-related questions by AET. 1_3-AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management,general contracting or surveying services.AET will not be responsible for directing or supervising the work of other parties,unless specifically authorized and agreed to in writing. 1.4 — Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur between and beyond sampled/tested locations. The passage of time,natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions.Client assumes all risks associated with such variations in soil and subsurface conditions. 1_5-AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_6-Should changed conditions be alleged,Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_7—Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client's alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions,including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1_8-The AET proposal accompanying these terms and conditions is valid for sixty(60)days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET's right to revise the proposal as necessary. SECTION 2-SITE ACCESS AND RESTORATION 2.1-Client will furnish AET safe and legal site access. 2_2 Client acknowledges that in the normal course of its Services,AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3-UNDERGROUND UTILITY AND STRUCTURE CLEARANCE 3.1-Borings,excavations and other penetrations must be located at safe distances from underground utilities or other man-made objects.Client shall advise AET of all utilities that service or are located on the site, and any underground improvements located on the site. Prior to drilling,AET will contact state notification centers,where available,or individual utility owners where a state notification center is not available. AET shall be entitled to rely on the location information provided by locating vendors. 3_2—If Public utility owners do not provide the locating service on private property or the property owner has private underground improvements which cannot be cleared through the state notification center or public utility owners,Client shall be responsible for location of such utilities prior to drilling,or for payment of a private utility clearance subcontractor. 3_3-AET will not be responsible for any damages to underground utilities/improvements not located or incorrectly identified by the foregoing location methods. SECTION 4-CONTAMINATION 4_1-Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include,but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process;containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4_2-Client shall indemnify and hold AET harmless from all liability,damages,claims or costs resulting from contaminants on the site. SECTION 5-SAFETY 5_1-Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If,during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services.Client shall be responsible for payment of such additional protection costs, 5_2-AET shall only be responsible for safety of AET employees at the site;the safety of all others shall be Client's or other persons'responsibility. SECTION 6—SAMPLES 6_1-Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services.Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. ACS417EG(10/14) AMERICAN ENGINEERING TESTING,INC. ENVIRONMENTAL/GEOTECHNICAL SERVICE AGREEMENT-TERMS AND CONDITIONS Page 2 of 3 6_2-Non-hazardous samples will be held for thirty(30)days and then discarded unless,within thirty(30)days of the report date,the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 7-PROJECT RECORDS The original project records prepared by AET will remain the property of AET.AET shall retain these original records for a minimum of three years following submission of the report,during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8-STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area,under similar budgetary constraints. SECTION 9-INSURANCE AET maintains insurance with coverage and limits shown below.AET will furnish certificates of insurance to Client upon request. 9_1—AET maintains the following insurance coverage and limits of liability: Workers'Compensation Statutory Limits Employer's Liability $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional Liability Insurance $1,000,000 per claim $1,000,000 aggregate 9_2-Commercial General Liability insurance will include coverage for Products/Completed Operations extending one(1)year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 9_3 -Automobile Liability insurance shall include coverage for all owned,hired and non-owned automobiles. 9_4 -Professional Liability Insurance is written on a claims-made basis and coverage will be maintained for one(1)year after final acceptance of the Project by Owner. Renewal policies during this period shall maintain the same retroactive date. 9_5 -To the extent permitted by applicable state law,and only upon Client's signing of the proposal and return of the same to AET,Client and Owner shall be named an "additional insured" on AET's Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products/Completed Operations and on a Primary and Non-Contributory basis)and Automobile Liability Policy. Client and Owner shall,be extended "waiver of subrogation" status for applicable coverages. Any other endorsement, coverage or policy requirement shall result in additional charges. 9_6 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available,with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus(A-). Such insurance shall provide for thirty(30)days prior written notice to Client for notice of cancellation or material limitations for the policy or ten(10)days'notice for non-payment of premium. 9_7 -AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal,e.g.,coverage limits or policy modification including waiver of subrogation,additional insured endorsements and other project specific requirements. SECTION 10-DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of work shall be granted,and AET shall receive an equitable fee adjustment. SECTION 11-PAYMENT,INTEREST,AND BREACH 11.1-Invoices are due net thirty(30)days.Client will inform AET of invoice questions or disagreements within fifteen(15)days of invoice date;unless so informed,invoices are deemed correct. 11.2—Client agrees to pay interest on unpaid invoice balances at a rate of one and a half percent(1.5%)per month,or the maximum allowed by law, whichever is less,beginning thirty(30)days after invoice date. 11.3—Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach,to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further,AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach,all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 11.4-Client will pay all AET expenses and attorney fees relating to collection of past due invoices. SECTION 12-MEDIATION 12.1-Except for enforcement of AET's rights to payment for Services rendered or to assert and/or enforce its lien rights,including without limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in ACS417EG(10/14) AMERICAN ENGINEERING TESTING,INC. ENVIRONMENTAL/GEOTECHNICAL SERVICE AGREEMENT-TERMS AND CONDITIONS Page 3 of 3 question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party;provided however that if either party fails to respond to a request for mediation within sixty(60)days,the party requesting mediation may without further notice,proceed to arbitration or the institution of legal or equitable proceedings, 12.2-Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association.Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally.The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 13-LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 9.4 hereof, payment of attorney's fees and costs associated with lawsuits or arbitration of disputes between AET and Client,which are dismissed or are judged substantially in either party's favor,shall be paid by the non-prevailing party.Applicable costs include,but are not limited to,attorney and expert witness fees,court costs,and AET costs. SECTION 14-MUTUAL INDEMNIFICATION 14.1-Subject to the limitations contained in Sections 13 and 14,AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 14.2-Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner,Client's contractors and subcontractors or other third parties. 14.3- If Client has an indemnity agreement with other persons or entities relating to the project for which AET's Services are performed,the Client shall include AET as a beneficiary. 14.4-AET's indemnification to the Client,including any indemnity required or implied by law,is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts. SECTION 15-WAIVER OF CONSEQUENTIAL DAMAGES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES INCURRED EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE. CONSEQUENTIAL DAMAGES INCLUDE,BUT ARE NOT LIMITED TO LOSS OF USE AND LOSS OF INCOME OR PROFIT. SECTION 16-LIMITATION OF LIABILITY Client agrees to limit AET's liability to Client resulting from AET's negligent acts,errors or omissions,such that the total liability of AET shall not exceed $50,000.00. SECTION 17—UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three(3)days written notice to Client without incurring penalties or costs from Client,Owner and their successors, assignees,joint-venturers,contractors and subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. SECTION 18-POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21,2010,prime contracts with a value of$100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471,which requires physical posting of a notice to employees of their rights under Federal labor laws.The required notice may be found at 29 Code of Federal Regulations Part 471,Appendix A to Subpart A. The regulation also has a"flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of$10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 19-TERMINATION After 7 days written notice,either party may elect to terminate this Agreement for justifiable reasons.In this event,the Client shall pay AET for all work performed,including demobilization and reporting costs to complete the file. SECTION 20-SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void,and all remaining provisions shall continue in force. However,Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable,and which comes as close as possible to expressing the intent of the original provision. SECTION 21-GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 22-ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client, Regardless of method of acceptance of this Agreement by the Client,this Agreement supersedes any previous written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. ACS417EG(10/14) AMERICAN ENGINEERING TESTING,INC. j�jj�j �/ j- j -, DATE: im FROM: LAKE MINNETONKA CONSERVATION DISTRICT '1112111 MA"I'll"IN00f) ROAD, SOME ADO NAOUNCI Y5 4 FA',X, January 23, 2017 Shorewood City Council Deborah Zorn, LMCD Representative for City of Shorewood SUBJECT: LMCD Update 1. OVERVIEW • 14 member board — appointed by city councils of 14 cities surrounding Lake Minnetonka • Staff (3.5) — Executive Director (1), Admin. Technician (1) VACANT, Admin. Asst. (1), Admin. Clerk (0.5) • Minnesota State Statute 1036.611 (1967) — Regulatory & code enforcement (dock use area) • Partnership with local agencies — Hennepin County Water Patrol, Minnehaha Creek Watershed District (MCWD), Three Rivers Parks District • Budget — 2017 Levy $326,343 (see attached Approved 2017 Budget and Levy) 2. RECAP OF 2016 • Harvester Program: • The LMCD Harvesting Program took place from June through August of 2016 to harvest for public navigational purposes only. • Typically, the LMCD operates four harvesters and a transport barge. In 2016, the LMCD reduced the Harvesters from four to three due to the inability to obtain a grant from the MN DNR. • As of July, the program did go down to two harvesters and the transport barge. • The LMCD maintains a harvesting permit with the MN DNR. • 170 truck loads and 240 harvester loads were documented for the season • Aquatic Invasive Species (AIS): Partnered with various agencies for AIS programs such as the Watercraft Inspection Program to help prevent spread of AIS and new ones • Board Actions (June- October 2016): Public Safety • Hennepin County installed an emergency access dock on County -owned land near the Arcola Bridge (June 2016) • A number of solar lights, provided by the Save the Lake Fund, were not working or had been vandalized. New lights were ordered and installed (June 2016) • The Board approved an amendment to the ordinance regarding nuisances and liquor restrictions. The definition of loud noise for was defined as 1) exceeds the levels To preserve and enhance the "Lake Minnetonka experience" '� t .Panckd established by the MPCA when measured from any property abutting the Lake; 2) unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person; or 3) unreasonably interferes with or precludes the use of enjoyment of property, or negatively affects property value. Quiet hours were set at 10:00 pm — 7:00 am, restricting plainly audible noise at a distance of 150 feet from shore. The definition of liquor was changed from beer to an alcoholic beverage. (July 2016) • The Board approved a request from the Caribbean Marina (Tonka Bay) for a second minimum wake buoy to be placed within their current setback area. (Sept 2016) • LMCD Facebook page (October 2016) www. facebook. com/ lakeminnetonkaconservationdistrict Applications • The Board approved Lindbo Landing's (Tonka Bay) request to reconfigure their 42 boat storage units utilizing the Qualified Commercial Marina Ordinance. The changes include 1) increasing the dock length to 200 feet; 2) converting 10 slides to slips; and 3) reconfiguring several slips to a uniform 32 feet. (June 2016) • The Board approved the City of Deephaven's request to allow powerboats to use their District Mooring Area. (June 2016) • The Board approved a request from Jerry Martin, 10 Crabapple Lane, Tonka Bay, for a side setback and adjusted dock use area variance. The request is for 1) a 47.7 foot by four -foot long dock; 2) a northerly adjusted dock use area (up to 17 degrees); and 3) a proposed deck over the 929.4 foot shoreline. The City of Tonka Bay also would also need to approve the proposed deck. The approval was subject to the following conditions 1) restrict future use of a canopy; 2) all appropriate permits must be obtained; 3) submission of an as -built survey; and 4) filing of the variance with the County Recorder. (August 2016) • The Board approved Howard's Point Marina's (Shorewood) request to reconfigure their dock under the Qualified Commercial Marina Ordinance. There is no change in the number of boat storage units (96). (Sept 2016) • The Board approved Environmental Assessment Worksheets (EAW) and determined an Environmental Impact Statement was not required for: 0 5t" Street Venture Qualified Commerical Marina license (Spring Lake Park). (October 2016). The applicant wishes to expand from 13 boat storage units to 41 boat storage units. o City of Excelsior. (December 2016) The City of Excelsior wishes to: 1) expand Piers 3, 4, and 5 within their "Commons" area to just under 200' out from shore utilizing the Municipal Planned Unit ordinance; 2) add an estimated 30 additional boat storage units; and 3) congregate their transient watercraft storage to a specific area. o Brown's Bay Marina (Site 2, Orono). (December 2016) Browns Bay Marina wishes to reconfigure their existing dock structures using the Qualified Commercial Marina ordinance. Once the EAWs are completed, the Board will finalize the EAW process. (October 2016) • The Board approved the City of Excelsior's PUD and Municipal Dock License in January 2017. • The Board approved 5th Street Venture Qualified Commercial Marina license, Spring Lake Park in December 2016. The dock facility expanded from 13 boat storage units to 30 boat storage units. 5 of those BSUs are dependent on environmental studies. • The Board denied a variance request for watercraft density for 3116 West edge Boulevard, Halstead Bay, Mound (December 2016) LMCD Administration • Appointed Vickie Schleuning as the new LMCD Executive Director, Ms. Schleuning has over 20 years of experience in local government, and 6 years in education. (September 2016) • The Board approved an update to the LMCD Bylaws written in 1967. • The Board approved a new Vision Statement: Lake Minnetonka is a highly valued year - round asset with vibrant aesthetic, recreational, commercial, and natural qualities. These qualities and values will be protected and preserved for future generations. Also, a new Mission Statement: The mission of the Lake Minnetonka Conservation District is to preserve and enhance the "Lake Minnetonka experience." This is accomplished by providing leadership in protecting, improving, and managing lake use. • The Board approved the law firm of Kennedy and Graven to assist with the recodification of the Code of Ordinances. The process will take up to a year to complete but will result in clearer, more understandable ordinances. • The Board approved a process to annually establish a Nominating Committee that would recommend a slate of candidates for the chair, vice - chair, secretary and treasurer positions. The process would include potential nominations "from the floor." (Sept 2016) • The Board approved a code amendment regarding Section 2.015, "Reconfiguration of Non - Conforming Structures," to allow the LMCD office to approve requests to replace the dock fingers between slips with dolphin poles to accommodate wider boats. The Board also asked the attorney to draft additional language that would allow greater flexibility for reconfiguration under this section based on lineal measurements of the slips. • The Board reviewed an analysis and status of the 2016 budget for General Administration, Aquatic Invasive Species, Equipment Replacement, and Save the Lake in October 2016. There was discussion regarding use of staff time for Save the Lake activities and potential uses of the Save the Lake Reserve Fund. The Board will continue discussing this at future meetings. 3. 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CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 7:00 p.m. A. Roll Call ; Present: Chair Mangold, Commissioners Vassar, Kobs, Rock, and BarrCity Council Liaison Labadie; City Administrator Lerud; City Planner Nielsen Absent: None B. Review Agenda Rock moved to approve the agenda as written. Barr seconded the motion. Motion carried 5-0. City Administrator Lerud introduced himself and looked forward to working with the Park Commission in the future. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of November 22, 2016 Kobs moved to approve the minutes of the November 22, 2016 meeting as written. Vassar seconded the motion. Motion carried 5-0. 3. MATTERS FROM THE FLOOR There were none. 4. UPDATE ON ARCTIC FEVER Sue Davis gave a short history of the Arctic Fever event. The event has grown from a half day event in a couple parks to a 4-day, 3-city extravaganza. She encouraged the Commissioners to attend as many events as possible this weekend. She thanked them for their event funding. Nielsen thanked Davis for creating the event. 5. BADGER PARK – NEXT STEP Mangold stated the turf was completed this year. Nielsen stated the lacrosse league would like to see bleachers added as well as a practice wall which they would fund. Mangold asked if there were any open items at the park. Nielsen stated we are holding back three percent to repair bald spots and complete training on maintenance. PARK COMMISSION MINUTES TUESDAY, January 10, 2017 4 PAGE 2 OF In response to a question from Mangold, Nielsen discussed the phasing of the park construction. He stated the turf field has been completed, and the parking lot will be completed this year. A third phase would be contingent upon the country club property continuing to develop. It is hoped the main parking lot from city hall to the community center could be incorporated into the parking lot construction. Vassar asked what the status was on the trail construction at the south end of the lacrosse field. Nielsen stated it is tight space-wise, but the plan would be to complete the trail. Barr asked if the main trail would be paved, and Nielsen responded it would. Vassar asked if it would make sense to wait on the trails if there was a funding concern. Nielsen stated if there is any way to construct them with the parking lot, they should be constructed. In response to a question from Rock, Nielsen discussed the box culvert and bridge construction. Mangold asked how the utility construction fit into the parking lot construction. Nielsen stated it will be constructed as planned. Mangold discussed his concerns about being able to fund the plan. Nielsen stated the Finance Director told him the CIP would be exhausted to pay for this project. He discussed future funding opportunities. Nielsen stated we need to start looking at the park amenities and scale down the shelter to begin with. We need to talk seriously about whether bathrooms would be constructed. He stated phase two could go on for several years. Mangold asked for feedback on where to go from here and whether to move forward in pieces, with a serious plan. Rock agreed and stated more detailed information is needed. If we lack money, then we scale down the plan. Nielsen stated this plan has been approved by the City Council who stated the work will be done when the funding is available. He stated it would make sense to get the plans and specifications done now. We won’t know how much it costs until the bids come in. Mangold suggested talking about what we want in the park, then going to the City Council to tell them why we want it. He stated he wanted to make sure we didn’t lose our focus. There needs to be a focus on where we are going. He stated we need to get the numbers for the parking lot as soon as possible. Rock suggested estimates be sought for parking and other park improvements. Nielsen stated the majority of the grading has already been done although there may be some trenching needed for utilities if bathrooms are added. Nielsen stated he would like the Park Commission to make a recommendation to the City Council to move forward with plans and specifications for the parking lot on concept 1.5. PARK COMMISSION MINUTES TUESDAY, January 10, 2017 4 PAGE 3 OF Mangold moved, Barr seconded to recommend the City Council order the preparation of plans and specifications for the parking lot in concept 1.5. Motion carried 5-0. Mangold discussed the kind of playground to put in Badger Park. Nielsen noted this plan has two kinds of equipment. He stated there had been talk about a combined set that will suit many age groups and having vendors come in. Barr suggested that be done as soon as possible. Nielsen stated it will be on the agenda in February. Mangold discussed tennis court construction. Nielsen stated staff could also begin pursuing grant opportunities. 6. DISCUSS 2017 WORK PROGRAM Nielsen stated it won’t be possible to use the existing pavement at the skate park for pickle ball at this point. Mangold stated the work plan for staff needs to be added back in the list. Nielsen stated he would like a recommendation to City Council to request the grading of Freeman Park parking lot for the hockey rink so there can be skating next year. Rock moved, Kobs seconded, to recommend the City Council direct Public Works to add the grading of the parking lot at Freeman Park for the future hockey rink on their work schedule before September 1 or get a contractor to complete the work before the snow season. 7. DETERMINE LIAISONS FOR COUNCIL MEETINGS Commissioners discussed the Park Commission liaison schedule and set the following: January 23 – Mangold February 27 – Kobs March 27 – Barr 8. NEW BUSINESS None 9. STAFF AND LIAISON REPORTS/UPDATES A. City Council Labadie updated the Commission on recent City Council activities and the possible annexation of a portion of property in Excelsior where Excelsior Grill was located. B. Staff PARK COMMISSION MINUTES TUESDAY, January 10, 2017 4 PAGE 4 OF Nielsen stated the skate park ramps will be removed. 10. ADJOURN Vassar moved, Kobs seconded, to adjourn the Park Commission Meeting of January 10, 2017 at 8:20 p.m. Motion carried 5-0. RESPECTFULLY SUBMITTED, Clare T. Link Recorder #7B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Badger Park Improvements – Phase I Part 2 – Parking Lot Meeting Date: 23 January 2017 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Policy Consideration: Should the City direct the City Engineer to prepare plans and specifications for the parking lot in Badger Park? Background: The first phase of Badger Park improvements began last summer with the construction of the new play field and preliminary grading of the remainder of the park. The second part of Phase I, the parking lot realignment and expansion, has been included in the CIP and budget for this year. At its January meeting, the Park Commission voted to recommend to the Council that the City Engineer be directed, as soon as possible, to prepare plans and specifications for purposes of getting this project out to bid. Financial or Budget Considerations: The budget and CIP for 2017 include $400,000 for realignment and expansion of the existing parking lot. Options: Direct the City Engineer to prepare plans and specifications in order to bid the project as early as is possible; delay having the plans and specs prepared; or take no action. Recommendation / Action Requested: Generally, the earlier we can bid a project, the more favorable the bids. Staff recommends that plans and specifications be done as soon as possible. Next Steps and Timelines: If approved, the City Engineer should bring back a professional services agreement to the 13 February Council meeting. Connection to Vision / Mission: Quality public services 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 #7C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Freeman Park – South Parking Lot Improvement Meeting Date: 23 January 2017 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Policy Consideration: Should the City direct the City Engineer to prepare plans and specifications for paving the south parking lot in Freeman Park? Background: At the end of last summer, residents of Shorewood Ponds petitioned the City to pave the south parking lot in Freeman Park in order to eliminate dust issues generated by the current gravel lot. Although the City Council did not specifically agree to the improvement, it was incorporated in both the CIP and budget for 2017. The City Engineer agrees that combining this project with the Badger Park project (Item 7B), could result in some economy of scale. Financial or Budget Considerations: The budget and CIP for 2017 include $60,000 for paving the existing parking lot. Options: Direct the City Engineer to prepare plans and specifications in order to bid the project as early as is possible; delay having the plans and specs prepared; or take no action. Recommendation / Action Requested: As mentioned in the Badger Park memo, the earlier we can bid a project, the more favorable the bids. Staff recommends that plans and specifications be done as soon as possible. Next Steps and Timelines: If approved, the City Engineer should bring back a professional services agreement to the 13 February Council meeting. Connection to Vision / Mission: Quality public services 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 � #sB MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Larson,Al and Jennifer—Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Meeting Date: 23 January 2017 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Planning Director's Memorandum Draft Resolution Policy Consideration: Should the City grant a conditional use permit that would allow the Larsons to expand the attached garage on their property at 21125 Radisson Road? Background: Al and Jennifer Larson propose to build an addition to their existing attached garage,the floor area of which,when combined with the existing space, exceeds 1200 square feet, requiring a conditional use permit. Detailed background can be found in the Planning Director's memorandum, dated 12 January 2017. The Planning Commission held a public hearing on this item at its 17 January meeting and voted unanimously to approve the CUP as presented. Financial or Budget Considerations: None. The cost of the application is covered by application fees. Options: Approve the request as presented, approve with conditions or deny the request. Recommendation/Action Requested: Staff agrees with the Planning Commission's recommendation and recommends adoption of the attached draft resolution. Next Steps and Timelines: Upon issuance of a building permit,the Larsons may begin construction on their garage addition. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen RE:Larson, Allen and Jennifer - C .U.P for Accessory Space in Excess of 1200 Square Feet DATE: 12 January 2017 FILE NO.: 405 (17.01) BACKGROUND Allen and Jennifer Larson own the property at 21125 Radisson Road (see Site Location map - Exhibit A, attached). The Larsons propose to expand their existing garage as shown on Exhibits B-E. As shown on Exhibit B, the existing attached garage will be expanded to the west and includes a second level space above. Since the area of the addition, combined with the existing garage exceeds 1200 square feet, the change requires a conditional use permit pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. The property is zoned R-lA/S, Single-Family Residential/Shoreland and contains approximately 45,231 square feet of area. The total amount of garage space, including the second floor area is 1780 square feet. The house contains 2562 square feet on the first level, with another 2492 square feet in the lower level, for a total of 5053 square feet. Elevations for the proposed addition are shown on Exhibits D and E. Photos of the existing home are shown on Exhibit F. ANALYSIS/RECOMMENDATION Section 1201.03 Subd. 2.d.(4) of the Zoning Code sets forth criteria for granting conditional use permits for accessory space over 1200 square feet. Following is how the applicant's plans comply with the Code: a. The total area of accessory buildings (1780 square feet) does not exceed the floor area (2562 square feet – main level) above grade of the proposed home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-lA/S zoning district (.10 x 40,000 = 4000 square feet). Memorandum Re: Larson CUP 12 January 2017 c. The proposed house and garage comply with R-lA/S setback requirements. Hardcover on the site will be 18.7 percent, well under the limit for the “S”, Shoreland district. d. Since the garage addition is an integral part of the proposed house, architectural compatibility is not considered to be an issue. The proposed lap siding is considered to be compatible with the existing stucco on the home. Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted as proposed. Cc: Greg Lerud Tim Keane Allen and Jennifer Larson -2- At fi fi It 000' L 009 09Z 0 y N 8)l>'1 SL WISIJ 140 E`r A:pedoad }3afgnS fi NEW fi At it it fi k a Ae8 SUeglb' IS N a N � O U � �Ov � W O A ` F i/ zt f Ott. Q.. "' % , tt •�` p r r tt: y j I )CV7Ft p t I sae it IS'tl, \ 1 i2t`�+,•(�e• + � _ _r n r' �/ 4. It • o o ------- � ♦ r • � m ' t�1� as ��lJ ` N II 4" LEGAL. DESCRIPTION: BOUNDARY, TOPOGRAPHY, & Minnesota except that part lying westerly of the following described ° WITH PROPOSED GARAGE AND Dt ,a , \1 ,,il 0 t r r Part of Lot 1, Block 1, Christmas \, \ Part. of Lot. 1, Auditor's Subdivi \ \, City of Shorewood, DO Hennepin County, Minn( ^` of Lot 1, AUDITOR'S SUBDIVISION NO. 246, a distant+: of 196.00 \feel �m x to the actual POINT OF BEGINNING at said Lill 1; thence Noah 20 degrees 06 minutas 16 secondn Weal adistance of 15996 {1' 1 ` A.K. LARSON JR. & J.R. L� 4" LEGAL. DESCRIPTION: Lot 1, Block 1, CHRISTMAS LAKE ADDITION, Hennepin County. Minnesota except that part lying westerly of the following described ° Une 2, and that parr of. Lot 1, AUDITOR'S SUBDIVISION NO. 246 lying easterly of the foEowing described Lino 1: Une 1; COMMENCING at the northwest comer of said Lot 1, Bock '� 1, CHRISTMAS LAKE ADDITION; lhonoo, southerly along Iho wost o \,- tlne of said Lot I. Block 1 on an assumed bearing of South 01 DO degrees 13 minutes 56 seconds West, and also along the east line ^` of Lot 1, AUDITOR'S SUBDIVISION NO. 246, a distant+: of 196.00 \feel �m x to the actual POINT OF BEGINNING at said Lill 1; thence Noah 20 degrees 06 minutas 16 secondn Weal adistance of 15996 a �d feet, more or less, to the noninvostedy line of Sold Lot 1. '\ $-. AUDITOR'S SUBDIVISION NO. 246 and said Une i there t terminating. i Line 2: BEGINNING at Ole actual point of beginning of said Uns 1 \ as descubod above; thence South 16 degrass 29 minutes 5 1 _{ seecous East a distance of 152.87 fact, more or less, to the shoreline of Chmtmas Lake and said Une 2 there terminating. �C•,. i is� t 2 Etv < } i ? EXCEPT Parcels 216E and 216H as shown on Minnesota rn '� +. I �' t �� ' t, 3 � �I Department of'fransporfatwn RiOfg'ot -Way Plat 27.65. Containing 46,531 square teat, more or less. HARD T COVER TABLE j ° .I 1 `- "' / f•� sy sly t t ' EXISTING PROPOSED -. ' ' X. HOUSE 3,493 Sq. FL 41367 Sq. FL GE �� , BITUMINOUS DRIVE 3,606 Sq. Ft. 3,606 Sq. FL CONCRETE 450 Sq. Ft. _ — 523 Sq. FI - -. •+ \) TOTAL 7.540 Sq. FL116.751 6,436 Sq. Ft.! 16.7% 21125RADISSONROAD % _ -�'0 \ PARCEL AREA 46,231 Sq. 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I I J �'I `l I `•` /I__..�— =� .,' ,G£Lp1`Vf2tU�FEEt I.t1AVO tBBa 0 10 20 - ... ,`T= - - - qty tdf• ............ Exhibit B PROPERTY SURVEY 11'-5' Closet L GARAGE PLAN ©b _ - t E2 Z° 0 cn - L U w� o = u� = z a3 z x� N Z N O I (2)2X8 HEADER (2)2XG KING STUDS EACH 51DE verify tree location 0 verify tree locatlo MAGNE1 ARCHITECTURE 540 LAKE STREET, EXCELSIOR, MN 55331 512 - 701 -7117 TMAGNEYCMCHSI.COM CARSON ADDITION REMODEL ADDRESS 21125 RADISSON ROAD EXCELSIOR MN 55331 eet Title: NEW GARAGE PLAN Date: 11/4/2016 DRAWN BY: TSM I HM CERM THAT THIS PLAN, SPECRMADON, OR REPORT HAS BEER PREPARED BY ATE AND OR UNDER MY SUPERVISION AN THAT 1 AM A DULY UCEHSED ARCHRECT UNDER THE LAWS OF THE STATE OF MINNESOTA TAMW IIAGNEY, AIA LICENSE NUMBER 16917 E%PIRATTON :JUNE 30, 2018 Sheet Number: Exhibit C PROPOSED GARAGE FLOOR PLAN (2)2X 10 HEADER (2)2XG KING 5TUD5 EACH SIDE 1L o � u� LU LU WORK SHOP = G GED o z 0 CONC _ o w CO C o n " 560SF °o¢ E 'e, ( �9 FLOWRAIN 1-7�� FLOOR DRAIN � _ Z 1 _ = N F m x I �.D Q I� N o cr' I 12'4' MAINTAIN IXG = '� `a i 6-0' CONC STOOP OPENING N N $ (3)2X 10 HEADER HVAC TIED IN TO (2)2XG KING 5TUD5 EACH 51DE IXG SYSTEM lkr (2)2X8 HEADER Ikr (2)2XG KING STUDS EACH SIDE Ikr IXG GARAGE Ikr MUD RM Ikr CONC FLOO G70 SF Closet L GARAGE PLAN ©b _ - t E2 Z° 0 cn - L U w� o = u� = z a3 z x� N Z N O I (2)2X8 HEADER (2)2XG KING STUDS EACH 51DE verify tree location 0 verify tree locatlo MAGNE1 ARCHITECTURE 540 LAKE STREET, EXCELSIOR, MN 55331 512 - 701 -7117 TMAGNEYCMCHSI.COM CARSON ADDITION REMODEL ADDRESS 21125 RADISSON ROAD EXCELSIOR MN 55331 eet Title: NEW GARAGE PLAN Date: 11/4/2016 DRAWN BY: TSM I HM CERM THAT THIS PLAN, SPECRMADON, OR REPORT HAS BEER PREPARED BY ATE AND OR UNDER MY SUPERVISION AN THAT 1 AM A DULY UCEHSED ARCHRECT UNDER THE LAWS OF THE STATE OF MINNESOTA TAMW IIAGNEY, AIA LICENSE NUMBER 16917 E%PIRATTON :JUNE 30, 2018 Sheet Number: Exhibit C PROPOSED GARAGE FLOOR PLAN NEW N I X4 EDGE TRI Ll MODIFY JOINT TO FOLLOW NEW WINDOW ,I- lll� REMOVE EXISTING WINDOW RELOCATE WINDOW FROM EAST ELEVATION MODIFY OPENING AS NECESSARY TO ACCOMMODATE RELOCATED WINDOW PATCH ADJACENT MATERIALS TO MATCH u i i i SLOPE TO 12:12 + MATCH EXG ROOFS I X4 CORNER TRIM PAINTED GARAGE DOOR STYLE TO MATCH EXISTING 104'X 104' 221-011 M MAGNE1 ARCHITECTURE 540 LAKE STREET, EXCELSIOR, MN 55331 612- 701 -7117 TMACNEY@MCHSI.COM O �= CARSON m ADDITION -► REMODEL TAUUY UXNEY, AN LICENSE NUIABER: 16917 EXPIRATION JUNE 30, 2018 Sheet Number: A Exhibit D GARAGE ELEVATION - FRONT ADDRESS QD 21125 RADISSON ROAD z EXCELSIOR MN 55331 V l W Sheet Title: NORTH ELEVATION U Q Date: 11/4/2016 DRAWN BY: TSM I RERBY CERTIFY THAT D41S PLAN, SPEC8ICATION, OR REPORT HAS BEEN PREPARED BY WE AND OR UNDER 4Y SUPERVISION AN THAT I AY A DULY LICENSED ARCHTECT UNDER THE LAWS OF THE STATE OF IANNESOTA TAUUY UXNEY, AN LICENSE NUIABER: 16917 EXPIRATION JUNE 30, 2018 Sheet Number: A Exhibit D GARAGE ELEVATION - FRONT I �J O DORMER SHINE E5 TO MATCH EXISTING I X4 CORNER TRIM /0 SLOPE TO 8:12 +/- AS DETERMIED BY DBL CASEMENT GO X 48 — 371_011 WINDOW DORMER SHINGLES TO MATCH EXISTING MAGNEY ARCHITECTURE 540 LAKE STREET, EXCELSIOR, MN 55331 512- 701 -7117 TMAONEYQMCNSI.COM Dote: 11/4/2016 DRAWN BY: TSM I HERBY CERTIFY TNAT THIS PLAN, SPECIFICATION, OR REPORT HAS BEEN PREPARED BY ME AND OR (RIDER MY SUPERVISION AN THAT I AY A DULY UCENSED ARCHITECT UNOER THE LAWS OF THE STATE OF MINNESOTA TAMMY MACIEY, AIA UCENSE NUMBER: 16917 EXPIFUT)ON :JUNE 30, 2018 Sheet Number: I -� WEST ELEVATION � I I O 10 = - Exhibit E GARAGE ELEVATION - SIDE LARSON ADDITION REMODEL 0 ADDRESS 21125 RADISSON ROAD EXCELSIOR MN 55331 Sheet Title: WEST ELEVATION Dote: 11/4/2016 DRAWN BY: TSM I HERBY CERTIFY TNAT THIS PLAN, SPECIFICATION, OR REPORT HAS BEEN PREPARED BY ME AND OR (RIDER MY SUPERVISION AN THAT I AY A DULY UCENSED ARCHITECT UNOER THE LAWS OF THE STATE OF MINNESOTA TAMMY MACIEY, AIA UCENSE NUMBER: 16917 EXPIFUT)ON :JUNE 30, 2018 Sheet Number: I -� WEST ELEVATION � I I O 10 = - Exhibit E GARAGE ELEVATION - SIDE r 4s, k - �Jp y O� O� L i O E-� O W O x w_z ww CITY OF SHOREWOOD RESOLUTION NO. _________ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO AL AND JENNIFER LARSON WHEREAS , Al and Jennifer Larson (Applicants) are the owners of real property located at 21125 Radisson Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof: WHEREAS , the Applicants have applied to the City for a Conditional Use Permit to build a garage addition, the area of which, when added to the area of other accessory space on the property, will bring the total area of accessory space on the property up to 1780 square feet; and WHEREAS , the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS , the Applicants’ request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 12 January 2017, 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 17 January 2017, the minutes of which meeting are on file at City Hall; and WHEREAS , the Applicants’ request was considered by the City Council at its regular meeting on 23 January 2017, 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. The subject property is located in a R-1A/S, Single- Family Residential/Shoreland zoning district and contains approximately 45,231 square feet of area. 2. The total proposed accessory space (1780 square feet) does not exceed the floor area above grade of the principal structure (2562 square feet – main level). 3. The total area of accessory space does not exceed 10% of the minimum lot area for the R-1A/S zoning district in which it is located (4000 square feet). 4. The design and materials of the accessory structures are consistent with the architectural character of the existing home. 5. The accessory structures comply with all setback requirements for the R-1A/S. zoning- district. 6. The total amount of impervious surface on the property is 18.7 percent and complies with “S” District requirements. CONCLUSION A. The application of Al and Jennifer Larson for a Conditional Use Permit as set forth herein above be and hereby is granted. B. This approval is subject to the following: 1. The garage will be used strictly for purposes of a residential nature. 2. The Applicants are hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage spaces for other than allowable residential purposes would have to comply with such regulations. C. The City Clerk is hereby authorized and directed to provide the Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 23rd day of January 2017. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk -2- Lot 1, AUDITOR’S SUBDIVISION NO. 246, Hennepin County, Minnesota except that part lying easterly of the following described Line 1, and that part of Lot 1, Block 1, CHRISTMAS LAKE ADDITION lying westerly of the following described Line 2: Line 1: COMMENCING at the northwest corner of said Lot 1, Block 1, CHRISTMAS LAKE ADDITION; thence southerly along the west line of said Lot 1, Block 1 on an assumed bearing of South 01 degrees 13 minutes 56 seconds West, and also along the east line of Lot 1, AUDITOR’S SUBDIVISION NO. 246, a distance of 196.00 feet to the actual POINT OF BEGINNING of said Line 1; thence North 20 degrees 06 minutes 16 seconds West a distance of 159.96 feet, more or less, to the northwesterly line of said Lot 1, AUDITOR’S SUBDIVISION NO. 246 and said Line 1 there terminating. Line 2: BEGINNING at the actual point of beginning of said Line 1 as described above; thence South 10 degrees 29 minutes 51 seconds East a distance of 152.87 feet, more or less, to the shoreline of Christmas Lake and said Line 2 there terminating. EXCEPT Parcel 216G as shown on Minnesota Department of Transportation Right-of-Way Plat 27-65 and Minnesota Department of Transportation Right-of-Way Plat 27-66. Containing 40,259 square feet, more or less. Exhibit A -3- � #sc MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Proposed Rezoning, R-1A to R-1C—Club Lane Area Meeting Date: 23 January 2017 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Staff Reports Draft Code Amendment Policy Consideration: Should the City rezone the 12 lots located south of Smithtown Road and east and west of Club Lane from R-1A, Single-Family Residential to R-1C, Single-Family Residential? Background: In response to a rezoning request by Bryan Pike for rezoning of his and his parents properties on Club Lane,the Planning Commission voted not to "spot zone" the Pike properties. Based on the case made in that request, however, the Commission went on to recommend rezoning all 12 of the lots in the subject neighborhood (see attached staff reports for detailed background). Financial or Budget Considerations: The application fees paid by the applicant cover the cost of staff time and map amendment. Options: Approve the rezoning or deny the rezoning. Recommendation/Action Requested: Staff agrees with the Planning Commission's recommendation. The rezoning benefits not only the Pikes, but several other properties that are currently nonconforming under the current R-1A classification. Next Steps and Timelines: The rezoning will go into effect upon publication in the local newspapers. Connection to Vision/Mission: Sustainable tax base. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 29 September 2016 RE: Pike, Bryan – Proposed Rezoning from R-1A to R-1C FILE NO.: 405(16.23) BACKGROUND Mr. Bryan Pike owns the properties at 24845 Smithtown Road and 5810 Club Lane (see Site Location map – Exhibit A, attached). He has requested that the City rezone the two properties from R-1A, Single-Family Residential to R-1C, Single-Family Residential. He explains his request in his letter - Exhibit B, attached. The properties in question are occupied by single-family homes. The Smithtown Road lot contains 42,697 square feet of area, while the Club Lane lot contains 57,761 square feet. The lots are two of 12 lots that are bordered on the west, south and east by the new Minnetonka Country Club PUD (MCC). MCC consists of single-family homes on lots of varying sizes that were developed with R-1C zoning standards as a basis. ISSUES AND ANALYSIS A. Spot Zoning. It is important to remember that rezoning of the two subject properties, by themselves, is considered to be spot zoning, which is generally not considered to be good planning. With few exceptions, separating out small areas within a neighborhood tends to undermine the fundamental principles of zoning. Having said that, the points made in Mr. Pike’s request letter are well taken and an examination of the surrounding properties and zoning is appropriate. B. The Bigger Picture. As shown on the current zoning map for the area in question, Mr. Pike’s lots and 10 other lots form an approximately 11-acre “pocket” of land that is surrounded by land developed to R-1C density/standards. In addition, several of the lots are nonconforming with respect to their current R-1A zoning. Lots that do not currently conform with respect to lot area and/or width are highlighted on Exhibit D, attached. The following table shows lot areas and widths for the 12 lots. Memorandum Re: Pike Rezoning 29 September 2016 Club Lane Area Lot Size Analysis Parcel Number Lot Area Lot Width (see map – Ex. D (square feet)(feet) 1 42,697 210 2 57,761 315 3 51,118 170 4 32,918* 105* 5 36,287* 106* 6 60,934 200 7 29,802* 160 8 25,748* 90* 9 37,510* 149 10 43,146 140 11 21,769* 132 12 21,789* 110* *Does not conform with R-1A zoning standards As shown, seven of the lots do not meet the 40,000 square-foot area requirement for the R-1A District, while four of the lots do not meet the 120 foot width requirement. In addition, many of the lots in the neighborhood do not comply with R-1A setback requirements. Essentially, all of the lots would benefit from the reduced setbacks of the R-1C District – 35’ front vs. 50’ and 40’ rear vs. 50’. Finally, any rezoning should be consistent with the City’s Comprehensive Plan. The Planning Advisory Committee, established for the study of the MCC redevelopment, recommended that the Club Lane area could be developed at a higher density than its current “minimum density” classification. Rezoning of this area would make it consistent with a “low to medium” land use classification. C. Effect of Rezoning on the Pike Property. Obviously, it is Mr. Pike’s intent to maximize the redevelopment potential of his property. A cursory examination of the two lots, suggests that four lots could be achieved with R-1C zoning. What would go along with that is an upgrading of Club -2- Memorandum Re: Pike Rezoning 29 September 2016 Lane. The right-of-way for this street is substantially substandard, being currently only 30 feet wide. Any platting of the Pike property should include the 20 feet of R.O.W. width necessary to bring it to City standards, as well as a turn-around. RECOMMENDATION Staff does not recommend rezoning of the Pike property by itself. It is, however, recommended that the Club Lane “pocket”, including the Pike property, be rezoned to R-1C, Single-Family Residential. This will necessitate a new notice being sent out, plus a separate public hearing. If the Planning Commission is in agreement, this would be scheduled for the November meeting. Cc: Bill Joynes Tim Keane Paul Hornby Larry Brown Bruce DeJong -3- i ry S s s h ; N ssi nn v le La ca L d � rrJ 04 N Oa s w CD UQ y O c i s Cir z ,, Subject T Properties N A 0 300 600 1,200 Feet Minnetonka Country Club P.U.D. _Yellow Tr d) nt i Y i Bryan and Ellis Pike 24845 Smithtown Rd & 5810 Club Lane Shorewood, MN 55331 September 6, 2016 Brad Nielsen Planning Director City of Shorewood 5355 Country Club Road Shorewood, MN 55331 Re: Rezoning —25845 Smithtown Road and 5810 Club Lane Dear Brad Nielsen: This letter is to request the rezoning from R -IA to R -1C of our above mentioned properties. Reasons for this request: 1. We are surrounded by R -1 C zoning at this point with the exception of 12 properties on or near Club Lane. 2. We believe the higher density of R -1C would provide a benefit to both the City and ourselves going forward. 3. The advisory committee for the Minnetonka Country Club project recommended some sort of medium density for the subject area. 4. After discussion with you the rezoning to R -1C would appear to bring several of the non- conforming properties into conforming properties in this area. 5. I have discussed this with xx of the 12 property owners and there is a general consensus to move ahead with this. 6. The setback requirements for the R -1 C District vs. the current R -1 A requirements would provide greater flexibility for future construction projects, especially for those with substandard lots. Sincerely, Bryan and Ellis Pike Exhibit B APPLICANT'S REQUEST LETTER -ddlk FOR ran ,r.,• :elm ■IMIN wo7glrrli -oefl. qVil WE Ift Al WV F.S.0% F rw��! 324, jds co ui 594 loo. 4 1 0 01.26 152.68 166.32 co 111,6 Lol 133 20 RODS 20 r, L4 2/3 RODS Ao al 561 C> a 160.13 166.32 166.6i� 166.97 14 XAA Ln 1.01 M jI Ln Ln C� 120 122 126.8 tg kA L" AK4 co CD 20 2/3 RODS 501 Ln V11 68.18 Y: 2153 S2- 52'33-E 165.07 rn 115.73 122.15 S2*5433' 126,36 7 co LM OR Ul Cl) 1 E -'j-0 3.49..43 18.8.461 Sl' 4 159'E L.9 181.6 571 tv 139.72 137 N H 137 156 All z co CD Ln rn CD 4NA so 1410.27 SO' Ol'20MY 145 115 UT LC Co LA Ln 142.79 SO Oi'20'W 151 155 145 C Lo co G, 147.56 t65.04 1,43.3 156.86 L'4 CoLA L�l OD Lo F13 .8 189.34 160 09'39-W 6.35 LA :Ln 552.5 'CD ul LA 208 25 27 R LA Ln t5 i Ln rl) L4 M �152 12 54 NO* 22'E 33.12 361 129.44 120 LQ CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 27 October 2016 RE: Pike, Bryan – Proposed Rezoning from R-1A to R-1C FILE NO.: 405(16.23) At its October meeting, the Planning Commission considered a request from Bryan Pike to rezone his and his parents’ properties on the west side of Club Lane from R-1A to R-1C. The Commission agreed with City staff that a “spot zoning” of two properties was not advisable. They also agreed that the case made for rezoning the two properties made sense for the 12 lots in the Club Lane neighborhood. The Commission directed staff to publish a second legal notice, this time proposing the rezoning for all 12 lots. This has been done and a public hearing has been scheduled for Tuesday, 1 November. An issue that came up in the Pike hearing was what Club Lane might look like if upgraded as part of a redevelopment of the Pike properties. Exhibit A shows the street widened to the City’s 50-foot standard width, with a 100-foot diameter cul-de-sac at the south end. The Pike properties are shown being re-divided into four lots. As in the initial staff report, staff recommends the rezoning of the Club Lane neighborhood from R-1A to R- 1C. Cc: Greg Lerud Paul Hornby Larry Brown Tim Keane Bryan Pike - 1 vi on v S•s — -------- Cn N .................... . . .... .... ..... 8LV ................ S91 - —Z691 OV -- ---------- OL! Zq -SL-091 IV9 ------------------- an— Ln vk iol- 10 Lw (01) Ln M n 6E 10 10 FT 0", -1 617 , ------------- I m It (a 917 Iz WD71 !as 0.7 C, 9 E (090 9'LVI (�D /Z . . ul m �O SS' 0 9G z L in r. h\,()v < Iqs V. 52 CJL :t, 9r. r-a WL, :Z0 L�4 , L" --4 , �c w gigs L O*P os 0s; Sol SL f.", 9171 IT 01 'Is'sV7, LD C� INS c -.98N c, U) z SS'7_91 3.91D, SqrSL 1 01 09 01. AVOYNA 01 Era 61 10-1,AO I?Wd "."C'PS 3;:�- L0,061 <J1 �9 (W I I . gg"9�1 0 p yo (,j w 179'Zl 3.99,0VAIRS F .9c, Lo-gl-- t L 0 M 6L-291 /ij -1 99-091 �co 8 LO L� -OS co La 0 US (9s:) 54 C> 1-11 (D (9), 0 0 Ll 101 0 C. 0 (A W =8 Jo L)3vci � [�� oz 101 0 .0. HILHON Z9,6zl Ln b, 12:0� - co .40 UAVd Go'S11 09 ZY, -. - (zz) .- --(Iz) 7, m a Y.1 x ES"6 - 9 0 F> -osl u0b Bi Fi 0- Z) CD - 817 0 g 0- (5:z) U'- I IM �:U Z� (M O . CIO :, cz�11 1 A w M.9S,Vb.89N 9 V 09 8556 y , 0 - o WH a EO 6, 9 TZLI hr LrBol �0 k". S0,178Z 0 M.Oos:= gs-, % (A m 9z (9z) w co 9 w 8- c L2 L q 10 — . 14 K 10-1 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE —THE SHOREWOOD ZONING MAP Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described in Exhibit A, attached hereto and made a part hereof, in the R-1C, Single-Family Residential zoning district. Section 2. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the R-1C, Single-Family Residential zoning district. Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspapers of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of January 2017. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk 24725 Smithtown Road/P.I.D. No. 33-117-23-13-0016 "Lot 46 and commencing at Southeast corner of Lot 46; thence South along East line of Lot 44 to a point 215.86 feet North of Southeast corner thereof, thence West parallel with South line of Lot 44 a distance of 97 feet; thence North parallel with East line of Lots 44 and 46 to North line of Lot 44; thence Northeasterly to Northwest corner of Lot 46; thence South to Southwest corner thereof, thence East to beginning." 24785 Smithtown Road/P.I.D. No. 33-117-23-13-0015 "That part of Lot 44, Auditor's Subdivision Number 133, Hennepin County, Minnesota described as follows: Commencing at a point on the West line of said Lot 44, 215.86 feet North of the Southwest corner of said Lot; thence East and parallel with the South line of said Lot to a point 97 feet West from the Easterly line of said Lot; thence North and parallel with the East line of said Lots 44 and 46 to the Northerly line of said Lot 44; thence Southwesterly along the Northerly line of said Lot to the Northwest corner of said Lot; thence South along the West line of said Lot to the place of beginning EXCEPT that part thereof lying Southerly of a line running from a point on the West line of the above described tract distant 75 feet North of the Southwest corner thereof, to a point on the East line thereof, distant 100 feet North of the Southeast corner thereof." 24800 Smithtown Road/33-117-23-24-0007 "That part of Lot 20 lying West of a line running from a point in the North line of the Southwest quarter of the Northeast quarter a distance of 23.2 feet East of the Northwest corner thereof to a point North 81 degrees 40 minutes East 20.7 feet from the intersection of the centerline of Smithtown Road with the North and South centerline of Section 33 Township 117 Range 23." 24845 Smithtown Road/P.I.D. No. 33-117-23-24-032 "That part of the East 235.09 feet of Lot 39, Auditor's Subdivision Number 133, Hennepin County, Minnesota, lying North of a line parallel with and 159.15 feet North of the South line of said Lot 39." 24905 Smithtown Road/P.I.D. No. 33-117-23-24-0009 "Commencing at a point on the South line of Lot 39, a distance 256.5 feet East from the Southwest corner thereof, thence East 160.75 feet; thence North parallel with the West line of said Lot to the Southerly line of Smithtown Road; thence Southwesterly along said Road to a point therein, distance 211.65 feet Northeasterly from the Northwesterly corner thereof, thence Southeasterly to beginning." 24945-85 Smithtown Road/P.I.D. No. 33-117-23-24-0010 "Commencing at a point in the Southerly line of Smithtown Road distance 105 feet Easterly from the West line of Lot 39; thence Easterly along said Southerly line a distance of 106.65 feet; thence Southerly to a point in the South line of said Lot, distance 256.5 feet East of the Southwest corner of said Lot; thence West 131.5 feet along the South line of said Lot; thence Northerly to beginning." Exhibit A 25005 Smithtown Road/P.I.D. No. 33-11723-24-0011 "That part of Lot 39, Auditor's Subdivision Number 133, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of said Lot; thence North along the West line of said Lot to the Southerly line of Smithtown Road; thence Easterly along said Southerly line a distance of 105 feet; thence Southeasterly to a point in the South line of said Lot distant 125 feet East of said Southwest corner; thence West along said South line to the point of beginning." 25015 Smithtown Road/P.I.D. No. 33-117-23-24-0012 "That part of Lot 38, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as follows: Commencing at the Southeast corner of said Lot 38; thence Northerly along the Easterly line thereof, a distance of 335 feet to the actual point of beginning of the land to be described; thence deflect to the left 90 degrees 00 minutes a distance of 170 feet; thence deflect to the right 90 degrees 00 minutes 00 seconds and parallel with the Easterly line of said Lot 38 a distance of 303.8 feet, more or less, to the Southerly right of way of Smithtown Road; thence Easterly along said Southerly right of way line a distance of 170.13 feet, more or less, to the Easterly line of said Lot 38; thence Southerly along said Easterly line a distance of 302.63 feet, more or less, to the point of beginning." 5765 Club Lane/33-117-23-13-0013 "Commencing at a point in the West line of Lot 44 distant 146.86 feet North from the Southwest corner thereof, thence East parallel with the South line to the East line of said Lot; thence North 69 feet; thence West 97 feet; thence North 100 feet; thence Westerly to a point in the West line of said Lot distant 144 feet North from the beginning; thence South to beginning." 5810 Club Lane/P.I.D. No. 33-117-23-24-0033 "That part of Lot 40 lying East of the West 478.75 feet thereof. Also the South 159.15 feet of the following described parcel: All that part of Lot 39, Auditor's Subdivision No. 133 as follows: Beginning at the Southeast corner of said Lot; thence West along the South line thereof to a point 417.25 feet East from the Southwest corner thereof to a point 417.25 feet East from the Southwest corner thereof, thence North parallel with the West line of said Lot 39 to the Southerly line of Smithtown Road; thence Easterly along said Southerly line to the Northeast corner of said Lot; thence South along the East line to beginning, except Road." 5815 Club Lane/P.I.D. No. 33-117-23-42-0001 "Lot 45, Auditor's Subdivision No. 133, Hennepin County, Minnesota." 5830 Club Lane/P.I.D. No. 33-117-23-31-0001 "The Northerly 110 feet of the Easterly 198 feet of Lot 41, Auditor's Subdivision No. 133, Hennepin County, Minnesota." - 2 - #10A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Waters of Excelsior Meeting Date: January 23, 2017 Prepared by: Greg Lerud, City Administrator Reviewed by: Tim Keane, City Attorney Attachments: Resolution No. 17 - 09 Background: Over the past several meetings, including the January 23, 2017, work session prior to the council meeting, the City Council has reviewed the overall plan for the Waters of Excelsior project. The final component to be reviewed is financing the planned $2.5 million of Tax Increment. This memo was prepared in advance of David Drown’s work session presentation on the options and the mechanics for providing financing. The City of Excelsior is proposing a developer-financed “pay-as-you-go” TIF note. According to their Bond Counsel, the terms of the TIF are a little different than what has previously been shared with the Council. The proposed interest rate is now 5.5% for the life of the issue for a maximum of $2.5 million, and the $100,000 loan origination fee is not calculated into the reimbursement. The $2.5 million will be spent on site infrastructure improvements. Financial or Budget Considerations: The Council’s consideration of financing should be based on the amount of anticipated savings in the overall cost between the pay-as-you-go note terms and Shorewood issuing a tax-exempt revenue note. At what amount that decision occurs is a policy decision by the Council – weighing the value to both Shorewood and Excelsior for getting the property on the tax rolls sooner, measured with the nominal risk of offering financing. Options: David Drown will present information and answer questions regarding Shorewood financing the project and also provide an estimate from potential lenders so a comparison between the two options can be made. Items for consideration: 1.Overall savings of the Shorewood financing option. 2.Entering into a Joint Powers Agreement between the two cities to allow tax payments to flow through Excelsior to Shorewood so the debt payment can be made to the bank. 3.The developer’s agreement between Excelsior and the developer would have to be amended to have Excelsior delegate certain default remedies to Shorewood. The City Attorney can explain those to you. 4.Regardless of how the TIF district is financed, it is important to remember that this project is a good long-term project for Shorewood. Ultimately, the business question is: Can Shorewood improve the long term benefit of this project by providing more favorable financing terms, or is the Excelsior pay-as-you-go proposed financing method acceptable to Shorewood. 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 Next Steps and Timelines: I recommend a decision be made this evening as to the preferred financing option. If the Council decides to proceed with the Excelsior pay-as-you-go financing, then there would be no conditions on the motion to approve the Resolution. If the City Council elects to provide financing the TIF, I recommend that that motion to approve the Resolution be written that: The Shorewood City Council finds that providing financing for the Waters of Excelsior project is beneficial to both cities by returning the property to the tax rolls earlier than the “pay-as-you-go” financing program, and approval is conditioned on the two cities approving a joint powers agreement for Shorewood to manage the TIF financing. CITY OF SHOREWOOD RESOLUTION NO. 17-____ A RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM SHOREWOOD AND ANNEXATION INTO EXCELSIOR OF CERTAIN LANDS PURSUANT TO MINNESOTA STATUTES SECTION 414.061 WHEREAS, certain real property, approximately 1.34 acres in size, legally described on Exhibit A attached hereto and incorporated herein and depicted on the survey thereof attached hereto and incorporated herein as Exhibit B (the “Annexation Property”) is located in the City of Shorewood; and WHEREAS, the Annexation Property abuts real estate along its northerly border that is located within the City of Excelsior (the “Excelsior Parcel”); and WHEREAS, WSL of Excelsior, LLC (“Developer”) desires to use the Annexation Property in conjunction with the Excelsior Parcel to facilitate a senior housing development (the “Development”); and WHEREAS, the City of Shorewood, the City of Excelsior, and the Developer want the entire platof the Development to be located in the City of Excelsior; and WHEREAS, the Cities of Excelsior and Shorewood want to modify their mutual municipal boundary to permit the Development to be located entirely within Excelsior; and WHEREAS, to modify the boundary, the City of Shorewood desires to detach and the City of Excelsior desires to annex the Annexation Property pursuant to Minnesota Statutes section 414.061. NOW, THEREFORE, BE IT RESOLVED: 1.The City of Shorewood requests that the Minnesota Office of Administrative Hearings – Municipal Boundary Adjustment Unit concurrently detach the Annexation Property from the City of Shorewood and annex the same to the City of Excelsior at the earliest possible date. 2.The City Attorney for the City of Excelsior is authorized to submit this resolution along with all appropriate application materials to the Minnesota Office of Administrative Hearings – Municipal Boundary Adjustment Unit for the purposes set forth herein. Resolution No. 17-005 Page 2 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of January, 2017. _____________________________ Scott Zerby, Mayor ATTEST: _____________________________ Jean Panchyshyn, City Clerk Greg Lerud, City Administrator #10B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Code Amendment—Sexual Offenders and Sexual Predators Meeting Date: 23 January 2017 Prepared by: Brad Nielsen/Tim Keane Reviewed by: Patti Helgesen Attachments Draft Amendment Draft Resolution (Publish Summary) Policy Consideration: Should the City adopt a City Code Amendment restricting the residency location of Level III Sexual Offenders? Background: At its last meeting,the Council continued a discussion on whether or not to adopt a Sexual Offender and Sexual Predator amendment to the City Code. It was determined that some of the Council's questions might best be answered by the South Lake Minnetonka Police Chief,who will be in attendance Monday night. One of the questions submitted since the meeting was why we chose a 1000-foot distance from schools, churches, bus stops, etc., rather than, for example 2000 feet. As explained at the last meeting,we were attempting, at the Chief's request,to keep our rules as similar as possible to the other South Lake cities. Chief Meehan will be present Monday night to answer questions about the various level sex offenders and the advantages of having similar codes for all four South Lake cities. Financial or Budget Considerations: It is anticipated the enforcement of the proposed ordinance would be done by the South Lake Public Safety Department using existing resources. Options: Adopt the draft ordinance as written (see amendment provided in your 9 January packet); adopt the ordinance incorporating a different spacing requirement; or do not adopt an ordinance. Recommendation/Action Requested: The Police Chief recommends that the South Lake cities adopt similar ordinances to address the sexual offender residency restrictions. Thus far, Greenwood is the only one to adopt an ordinance. They have opted for the 1000-foot spacing requirement,which is what is included in our proposed draft. Staff also recommends that a summary of the ordinance be published in the official newspaper. Next Steps and Timelines: If adopted,the proposed ordinance would go into effect upon publication in the official newspaper. Connection to Vision/Mission: Healthy environment. 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 ORDINANCE NO. ____ AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE RESTRICTING THE RESIDENCY OF CONVICTED SEX OFFENDERS IN THE CITY OF SHOREWOOD Section 1. Title 500 (PUBLIC HEALTH) of the Shorewood City Code is hereby amended to add: CHAPTER 506 “ SEXUAL OFFENDERS AND SEXUAL PREDATORS 506.01 Findings and Intent 506.02 Definitions 506.03 Residence Prohibition; Penalties; Exceptions 506.04 Renting Real Property; Penalties 506.05 Severability 506.01 FINDINGS AND INTENT. Subd. 1 Findings. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. Subd. 2. Intent. It is the intent of this chapter to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. 506.02 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 1 DESIGNATED OFFENDER . Any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16) years of age, or has been categorized as a level III sex offender under Minnesota statutes section 244.052 or successor statute. DESIGNATED SEXUAL OFFENSE . A conviction, adjudication of delinquency, commitment under Minnesota statutes chapter 253B, or admission of guilt under oath without adjudication involving any of the following offenses: Minnesota statutes sections: 609.342; 609.343; 609.344; 609.345; 609.352; 609.365; 617.23; 617.246; 617.247; 617.293; successor statutes; or a similar offense from another state. PERMANENT RESIDENCE. A place where the person abides, lodges, or resides for fourteen (14) or more consecutive days. TEMPORARY RESIDENCE . A place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. 506.03 RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS. Subd. 1. Prohibited Location Of Residence: It is unlawful for any designated offender to establish a permanent residence or temporary residence: 1) within one thousand feet (1,000') of any school, licensed daycare center, park, playground, or public school bus stop; or 2) within one thousand feet (1,000') of any place of worship which provides regular educational programs (i.e., Sunday school), or other places where children are known to congregate. Subd. 2. Prohibited Activity: It is unlawful for any designated offender to participate in a holiday event involving children under eighteen (18) years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this subdivision. 2 Subd. 3. Measurement of Distance: a. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, daycare center, park, playground, place of worship, or other place where children regularly congregate. b. The City Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. Subd. 4. Penalties: Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this code. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. Subd. 5 Exceptions: A designated offender residing within a prohibited area as described in subsection A of this section does not commit a violation of this chapter if any of the following applies: a. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota statutes sections 243.166, 243.167, or successor statute, prior to July 10, 2006. b. The person was a minor when he/she committed the offense and was not convicted as an adult. c. The person is a minor. d. The school or daycare center within one thousand feet (1,000') of the person's permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota statutes section 243.166 or 243.167. e. The residence is also the primary residence of the person's parents, grandparents, siblings, spouse, or children. f. The residence is a property owned or leased by the Minnesota department of corrections. 3 506.04 RENTING REAL PROPERTY; PENALTIES. Subd. 1. Unlawful to Rent. It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in Sections 506.03 Subd. 1. of this chapter. Subd. 2. Failure to Comply. A property owner's failure to comply with provisions of this section shall constitute a violation of this section. Subd. 3. Eviction. If a property owner discovers or is informed that a tenant is a designated offender after signing a lease or otherwise agreeing to let the offender reside on the property, the owner or property manager may evict the offender.” 506.05 SEVERABILITY. Should any section, subdivision, clause or other provision of this chapter be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of this chapter as a whole, or of any part thereof, other than the part held to be invalid. Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of January, 2017. __________________________ Scott Zerby, Mayor ATTEST: ___________________________________ Jean Panchyshyn, City Clerk 4 CITY OF SHOREWOOD RESOLUTION NO. 17-___ A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. ___ BY TITLE ANDSUMMARY WHEREAS, on 23 January 2017, the City Council of the City of Shorewood adopted Ordinance No. ___ entitled “AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE RESTRICTING THE RESIDENCY OF CONVICTED SEX OFFENDERS IN THE CITY OF SHOREWOOD”; WHEREAS, the City staff has prepared a summary of Ordinance No. ___ as follows: 1. The purpose of this ordinance is to serve the City’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. 2. This ordinance causes it to be unlawful for any designated offender to establish a permanent residence or temporary residence: 1) within one thousand feet (1,000') of any school, licensed daycare center, park, playground, or public school bus stop; or 2) within one thousand feet (1,000') of any place of worship which provides regular educational programs (i.e., Sunday school), or other places where children are known to congregate. It shall also be unlawful for any designated offender to participate in events or activities involving children under eighteen (18) years of age. 3. The ordinance provides clear definitions, exceptions, and penalties for the purpose of enforcement. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. ___ clearly informs the public of intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. ___ by title and summary, pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. ADOPTED by the Shorewood City Council on this 23rd day of January 2017. ATTEST: Scott Zerby, Mayor ________________________________ Jean Panchyshyn, City Clerk #10C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Simple Recycling Meeting Date: January 23, 2017 Prepared by: Greg Lerud, City Administrator Reviewed by: Tim Keane, City Attorney and Julie Moore, Recycling Coordinator Attachments: Attachment A – Simple Recycling Program Information Attachment B – Draft Agreement for Collection of Soft Recyclables Background: Great Lakes Recycling, dba Simple Recycling, contacted the city to inquire about providing free curbside pickup service of soft recyclables. A green bag would be provided for residents to place items such as clothing and shoes curbside on Recycling Day. Other items such as kitchenware, tools and toys, are also acceptable. Attachment A provides details on how the program works and what items may be placed in the green bag. The vendor has indicated that a van is used for pick up of items. The city has not been contacted by any other vendors, nor is staff aware of other vendors who offer this type of curbside service. Attachment B is a draft Agreement for service. Other cities that have recently signed Agreements with Simple Recycling include Brooklyn Center, New Hope, Crystal, Brooklyn Park, and St. Louis Park. Financial or Budget Considerations: Simple Recycling will provide this service at no cost to the city or residents. Simple Recycling will pay the city a contract fee of one cent ($0.01) per pound of gross receipts of soft recyclables in the city’s service area. Recommendation / Action Requested: Adoption of the Agreement for Collection of Soft Recyclables with Great Lakes Recycling, Inc., dba Simple Recycling. Next Steps and Timelines: If approved, the city will advertise this new recycling service in the newsletter, website, e-news, and Simple Recycling may also provide residents information on the program. Service would likely begin in April. 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 AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES This Agreement for the Collection of Soft Recyclables (“Agreement”) is made and entered into this___ day of _________, 2017, by and between the City of Shorewood, Minnesota (herein referred to as “the City”) a municipal solid waste authority with a business location at 5755 Country Club Road, Shorewood, Minnesota 55331, and Great Lakes Recycling, Inc. dba Simple Recycling, an Ohio corporation (which with its successors and assigns is herein referred to as "Contractor") with a business address at 5425 Naiman Parkway, Solon, OH 44139. W I T N E S S E T H: WHEREAS, Contractor is skilled and experienced in the collection and efficient recycling and disposition of Soft Recyclables; and WHEREAS, the City desires to limit and restrict the quantity of Soft Recyclables which are deposited in the landfill; and WHEREAS, the City has selected Contractor to collect, identify, haul, recycle and dispose of Soft Recyclables in the Service Area; and WHEREAS, Contractor can provide such services and is in the business of and has the expertise, experience, resources and capability to perform the collecting, identifying, packaging, hauling, recycling and disposing of Soft Recyclables; and Now, THEREFORE, in consideration of the premises and material promises set forth below and other consideration the receipt and sufficiency of which is hereby acknowledged by the parties, Contractor and the City (herein collectively called the “Parties”) hereby agree as follows: Term. 1. The term of this Agreement shall begin on _____________, 2017, and continue for an initial four year term. At the end of the initial four year term Contractor and the City have the right to renew for an additional four year term upon mutual agreement. During the initial or renewal term, Contractor shall have the sole and exclusive rights to pick up Soft Recyclables in the Service Area. Termination and Breach 2. . In the event of a breach of the terms and conditions of this Agreement by either Party, the non-breaching Party may elect to terminate this Agreement upon providing the defaulting Party with a written notice of such default, and allowing the breaching Party a period of 30 days from and after the date of such notice to cure the breach complained of to the satisfaction of the non-breaching Party. In the event said breach is not cured within said 30 day period, this Agreement shall be terminated (for cause) as of the last day of said period. Collection Schedule. 3. Contractor shall divide the Service Area into collection zones to coincide with the City’s collection zones and dates for its existing refuse and recycling pickup schedule. Collections shall be made from Service Recipients on a regular schedule on the same day every other week in accordance with the existing refuse and recycling pickup schedule. ATTACHMENT B Contractor reserves the right to alter the frequency of the scheduled pickups on an as needed basis, provided, however, that pickups must still occur on the same days as the existing refuse and recycling pickup schedule. Collection of all Soft Recyclables from all curbside locations shall be completed between the hours of 7:00 a.m. and 8:00 p.m. according to City Ordinance unless otherwise authorized by the City. Contractor shall not be required to perform any service under this Agreement on Holidays. Following all Holidays, each Service Recipient shall receive collection service on the day following its normally scheduled collection with the weeks work to be finished by Saturday. For a Monday Holiday, Monday through Friday collection shall be rescheduled for Tuesday through Saturday. For a Thursday Holiday, Thursday and Friday collection shall be rescheduled for Friday and Saturday. For a Friday Holiday, Friday collection shall be rescheduled for Saturday. . Collection. 4 Contractor shall collect all acceptable Soft Recyclables set out for recycling and collectionby Residential Customers. The decision of what is an "acceptable" Soft Recyclable shall be made in the reasonable discretion of Contractor. No service is provided to Commercial Customers and in no event shall Contractor be required to accept any Excluded Items. Excluded items include, but are not limited to the following items: garbage, hazardous waste, carpet, newspapers, mattresses, large furniture, large appliances, yard waste, electronic waste considered to be “covered electronic devices” under M.S. 115A.1310 (computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices). Contractor must collect all Soft Recyclables set out in the Recycling Container. Contractor shall not be responsible for collecting Soft Recyclables which have fallen or been placed Curbside but are not in a Container. Contractor agrees to operate collection vehicles in such a manner to prevent materials from being blown from the vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a street, sidewalk, or private property, Contractor shall clean up and place in the collection vehicle all Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall promptly make all other reasonably necessary arrangements for the immediate clean up of spilled Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to the City. Contractor may interrupt the regular schedule and quality of service because of street repairs, snow or other closures of public routes, which in Contractor's reasonably discretion make the pick-up of the Soft Recyclables from a Service Recipient impracticable under the circumstances. Contamination and Improper Set Out. 5. If Contractor encounters any improperly packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those materials in the Container or remove them from the Container and leave them Curbside. Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable items, and leave contaminants at Curbside. Contractor shall daily send to the City by email or fax the list of addresses tagged. Set Out Procedures. 6. Residents shall place Soft Recyclables into Containers and place Containers at Curbside for collection. Overflow material shall be placed adjacent to the Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner and are placed within seven feet of the Curbside. Containers shall be placed in a manner that will not interfere with or endanger the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an 2 access point for the collection vehicle. Contractor may decline to collect any Soft Recyclables not set out in accordance with this paragraph. Ownership. 7. Soft Recyclables set out for collection on the regularly scheduled collection day shall belong to Contractor from the time that they are physically collected by Contractor. Soft Recyclables physically collected by Contractor shall be deemed acceptable Soft Recyclables for the purposes of its obligations under this Agreement. Inventory of Containers. 8. During the term of this Agreement, Contractor shall purchase (at its sole cost) and maintain an inventory of acceptable and approved Containers for distribution to Service Recipients. Prior to commencement of this Agreement, Contractor shall provide new Containers to each Service Recipient. Containers shall initially be delivered to Service Recipients with an informational brochure on the recycling collection program (of Soft Recyclables) produced and printed by the contractor and approved by the City. . Missed Collections and Complaints. 9Service Recipients shall be instructed to report missed collections and complaints to Contractor. Contractor shall give prompt and courteous attention to all reported missed collections and complaints. Contractor shall daily send to the City by email or fax the list of addresses reporting missed collections and complaints. Contractor’s Costand Equipment. 10. Contractor agrees to furnish all labor, equipment, tools, and services required and necessary for the collection and disposal of Soft Recyclables within the Service Area and provide qualified supervisory personnel to direct the activities of Contractor under this Agreement. All equipment used by Contractor shall be kept and maintained in a clean and professional manner. Collection Vehicle Equipment Requirements All vehicles must be clearly identified on both sides with Contractor’s name and telephone number. In addition, all Collection vehicles used in performance of the Contract shall: • Be duly licensed and inspected by the State of Minnesota; • Operate within the weight allowed by Federal and Minnesota Statutes and local road weight limits; • Be Minnesota Department of Transportation (DOT)-compliant at all times; • Be kept clean and as free from offensive odors as possible. Each Collection vehicle shall be equipped with the following: 1. Two-way communications device 2. First aid kit 3. All safety equipment required by the Federal, State of Minnesota, and local governing bodies, including federal and state Departments of Transportation 4. Appropriate equipment for cleaning up spills and/or leaks 5. Receptacle for driver’s cigarette or cigar butts, tobacco ashes and chewing tobacco residue. (See also Insurance Requirements January 2016) Contractor’s Fee. 11. Contractor shall pay to the City a contract fee of One Cent ($0.01) per pound of all Soft Recyclables collected by Contractor in the Service Area. Payments shall be made to the City not less than 30 days following the close of each calendar month during 3 the term of this Agreement. Weight shall be collected and documented upon completion of each collection day. Publication Information and Education Program. 12. The City shall plan and coordinate a public education and information program to inform Service Recipients of this recycling program the contents of which and the dates shall be approved in advance by Contractor. Contractor may distribute its own promotional materials subject to the City’s approval. Contractor shall participate in the City’s directed promotion and education efforts as outlined below: 1. During the course of the routine recycling pick up, provide and distribute notices regarding rejected materials and proper set out procedures. 2. Training of employees to deal courteously with customers on the telephone and on-route to promote the collection service and explain proper material preparation. 3. Coordinate with the City for distribution of written promotional and instructional materials directly to Service Recipients. 4. Be available a minimum of two times per year to participate in promoting the collection service at an area fair, neighborhood association program, school, or community event. 5. Provide advice to the City on promotion and education material content and presentation. Telephone and Customer Service. 13. Contractor shall maintain and adequately staff a local toll-free telephone number where complaints of Service Recipients shall be received, recorded and handled to the best of Contractor's abilities, between the hours of 9:00 AM and 4:30 PM Monday through Friday excluding Holidays. Typically, all "call backs" shall be attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not contacted on the first attempt, Contractor shall make subsequent attempts on the next working day after the original call. Contractor shall make a minimum of three attempts within 24 hours of the receipt of the call. All attempts to contact the caller shall be recorded on the log kept by Contractor. Marketing and Disposition of Recyclable Material. 14. Contractor shall be solely responsible for the marketing and sale of collected Soft Recyclables, and shall be solely responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell the Soft Recyclables in a timely manner. Insurance. 15. During the term of this Agreement, Contractor agrees to comply with the provisions and requirements of Minnesota Addendum A: Indemnification and Insurance, which is incorporated herein by reference as if set forth in full. Indemnification and Hold Harmless. 16. During the term of this Agreement, Contractor agrees to comply with the provisions and requirements of Minnesota Addendum A: Indemnification and Insurance, which is incorporated herein by reference as if set forth in full. 4 Compliance with Law. 17. Contractor agrees to comply with all published ordinances, laws, rules, and regulations, together with amendments thereto, of the State of Minnesota, the United States of America, or the City pertaining to the services to be performed hereunder. Taxes. 18. Contractor agrees to save the City harmless from any and all taxes or assessments of any kind or nature levied by any political subdivision upon Contractor by reason of services rendered for Soft Recyclables and disposal for the City. Employee Conduct. 19. All Contractor personnel must maintain a courteous and respectful attitude toward the public at all times. At no time must they solicit, request or receive gratuities of any kind. Contractor must direct its employees to avoid loud and/or profane language at all times during the performance of duties. Any employee of Contractor who engages in misconduct or is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated, or discourteous must be removed from service under this contract by Contractor. Monthly Reports. 20. Contractor shall provide monthly project status reports. These reports will be due within 15 days of the close of the month being reported. At a minimum, the reports shall include detailed data to allow analysis of collection and processing efficiencies including pounds of Soft Recyclables collected in the prior month and the payment of the required fee to the City. Inspections. 21. Upon reasonable advanced request, the City reserves the right to inspect the facilities, equipment and operations of Contractor to assure itself of the appearance and compliance with contractual provisions of this Agreement. Upon reasonable advance request, the City reserves the right to review the records kept on the Soft Recyclables collected under the terms of this Agreement to test and validate the weights claimed. The City agrees to notify Contractor, in writing, at least 48 hours prior to such inspections and shall indicated the reasonable basis for requesting the inspection. Meetings and Communications. 22. In order to minimize problems and to provide thereafter a forum for discussing and resolving any issues that may arise, the parties agree to meet on a regular basis and to adopt communications procedures as follows: Meetings After Collection Begins. After the Collections begin, meetings shall be held at least on a quarterly basis, unless otherwise mutually agreed to, between representatives of the parties. Such meetings shall be held for the purpose of reviewing and discussing day- to-day operations, promotion, public information and public relations. Designation of Representatives. Each party shall send at least one representative to each meeting. The City shall send to each meeting at least one staff member with operation expertise. Each party shall designate one, and only one, representative as its Lead Representative. If a party sends only one representative to any meeting, that person shall be conclusively presumed to be its lead representative. Compliance with Laws and Regulations. 23.Contractor agrees that, in performance of work and services under this contract, Contractor will qualify under and comply with any and all known federal, State and local laws and regulations now in effect, or hereafter enacted during the 5 term of this contract, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Severability. 24. Should one or more of the provisions of this Agreement be held by any to court to invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Agreement. Independent Contractor Status. 25. In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of the City. Contractor shall have exclusive control over the details of the service and work performed and over all persons performing such service and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, Contractors and subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors shall obtain any right to retirement benefits, Workers’ Compensation benefits, or any other benefits which accrue to the City employees and Contractor expressly waives and claim it may have or acquire to such benefits. No Assignment. 26. This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either Party to any person, firm, or corporation, without the prior written consent of the other Party. Equal Opportunity. 27. Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religions, sex, or national origin. Contractor shall take affirmative action to insure that applicants for employment are qualified, and that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Data Practices. 28. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor acknowledges that, pursuant to Minn. Stat. § 13.05, subdivision 11, all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this agreement is subject to the requirements of the Act and that the Contractor must comply with the Act as if it were a government entity. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. 6 Definitions. 28. Commercial Customer : The term "Commercial Customer" means non-residential customers, including apartments, businesses, public or private schools, institutions, governmental agencies and all other users of commercial-type Garbage collection services. Container : The term “Container” means Contractor supplied bag, box or bin for the Residential Customer to place Soft Recyclables. Contractor : The word "Contractor" means Great Lakes Recycling, Inc. dba Simple Recycling which has contracted with the City to collect and dispose of Soft Recyclables. Curb or Curbside : The words "Curb" or "Curbside" relate to the homeowners' property, within seven (7) feet of the Public Street or Private Road without blocking sidewalks, driveways or on- street parking. If circumstances preclude such a Curbside shall be considered a placement suitable to the resident, convenient to Contractor's equipment, and mutually agreed to by the City and Contractor. Date of Commencement : The term "Date of Commencement" means the date that Contractor agrees to commence the provision of collection and other services as described throughout this Agreement. Date of Execution : The term "Date of Execution” means the date that this Agreement is approved by the City and executed by a designated and authorized representative. Excluded Items: The term “Excluded Items” means Garbage, Hazardous Waste, large furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, electronic waste considered to be “covered electronic devices” under M.S. 115A.1310 (computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices), etc. and any item heavier than fifty Garbage (50) pounds. : The term “Garbage” means all putrescrible and non-putrescrible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, yard debris, leaves, swill, demolition and construction wastes, dead animals piles of debris, car parts, construction or demolition debris, any item that would be considered Hazardous Waste, or stumps. Hazardous Waste : The term "Hazardous Waste" means any hazardous, toxic or dangerous waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in any existing or future local, state or federal law, statute, code, ordinance, rule, regulation, guideline, decree or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is defined as hazardous by 4 0 C .F .R. Part 2 61 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA or any Minnesota statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by federal law. Holiday : The term “Holiday” means the following days: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Private Road : The term "Private Road" means a privately owned and maintained way that allows for access by a service truck and that serves multiple Residences. 7 Public Street: The term "Public Street" means a public right-of-way used for public travel, including public alleys. Residence : The term “Residence” means a single family dwelling, duplex, twin home, or townhome. Residential Customer : The term “Residential Customer” means individuals residing in a Residence. Service Area : The term "Service Area" means the corporate limits of the City as of the Date of Commencement, and thereafter, shall be the collection area as may it be amended thereafter by the City. Service Recipients: The term “Service Recipients” means Residential Customers in the Service Area. Soft Recyclable: The term “Soft Recyclable” means items of an individual weight less than 50 pounds and can be carried by one person. Soft Recyclables include primarily men’s, women’s and children’s clothing as well as items such as jewelry, shoes, purses, hats, toys, pictures, mirrors, blankets, drapes and curtains, pillows, rags, sewing scraps, sleeping bags, small furniture, small appliances, irons, radios and audio equipment, cameras, lamps, hairdryers, tools, toasters, coffee makers, silverware, dishes, pots and pans, glasses and the like. The definition of Soft Recyclable is subject to modification in the discretion of Contractor based upon experience gained during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date first written above. Shorewood, Minnesota By: Its: Mayor By: ________________________________ Its: City Administrator Great Lakes Recycling, Inc. dba Simple Recycling By: _______________________________ Adam Winfield As its President 8 #10D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Deer Management Plan 2016—Summary Report Meeting Date: 23 January 2017 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Hunt Summary Map MBRB Hunt Summary Report Policy Consideration: n/a Background: See attached map and summary report Financial or Budget Considerations: None. Options: n/a Recommendation/Action Requested: None Next Steps and Timelines: Wait for 2017 Aerial Deer Survey. Connection to Vision/Mission: Quality public services, healthy environment. 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 2016 SHOREWOOD DEER REMOVAL BY METRO BOWHUNTERS RESOURCE BASE A total of 17 deer were taken by 17 hunters over the course of 10 days (4 weekends, %day on Friday).This year 2 hunters were put on probation as per MBRB's shot proficiency policy. 1 hunter was removed from the hunt because of MBRB rule violations. Again this year as in the past,we were approached by residents not included in the hunt asking us to remove deer from their property.They were directed to the city to be considered for future hunts. Below are 2 charts showing the breakdown of deer taken by hunt period and hunt area (refer to map provided by city). Hunt Deer Period Shots Taken Hit Deer Recovered 1 5 4 4 2 5 5 5 3 10 9 7 4 2 2 1 Total 22 20 17 Hunt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Area Deer 2AD, 2AD taken AD 0 0 AD F' 0 0 2DF AB 2AB, AB AD AD 0 0 AD 0 0 0 0 DF Total 1 0 0 2 0 0 2 1 5 3 1 1 0 0 1 0 0 0 0 Recommendations: Continue searching for new areas with high deer concentration. Look for properties along Apple Road and around the south end of Galpin Lake and in the northeast corner around Manor Road. Look for additional properties on Enchanted Island. MEMORANDUM Date: January 23, 2016 To: Mayor Zerby Council Members From: Bruce DeJong, Finance Director Re: December, 2016 General Fund Monthly Budget Report - Preliminary Please note that this is a snapshot in time and is not a final budget. We are still not finished with revenues and expenditures for the year. We will pay 2016 bill through February claims lists and we are still collecting fine and tax revenue through January receipts. We also have to perform calculations for accrual adjustments and perform interest allocations. The 2016 budget looks to clearly be in the black for the year. While we don't know the final amount that revenues will exceed expenditures, we do have a reasonable expectation at this point the we will add a significant amount to the General Fund cash balance. This is very good news because the money can be used toward the Southshore Community Center purchase costs. The 2016 General Fund has performed extremely well. Revenues are higher than 2015 in total. Permits are above last year's pace and will likely stay high as the Minnetonka Country Club property is developed. Misc. Revenues are also high because of the payment for the tax forfeit parcel on Howard's Point Road of approximately $51,000. Fines & Forfeits is lower than last year. The fine revenues have generally been lower each month, so we will likely be lower than last year. Please remember that the city receives its primary revenues from property taxes which the first half are distributed in July and the second half in December. Expenditures are higher than 2015. The total expenditures are still under budget in total. Council — Other Services and Charges are higher because of the payment to the Christmas Lake Association. Administration — Other Services and Charges are higher because we paid for Mr. Joynes services here as a contract rather than in the Personal Services budget where Council had planned for a full -time administrator. Finance - Other Services and Charges are higher because of additional assistance from Bergan KDV for audit preparation and reconciling assistance. Park Maintenance — Personal Services are higher because more time has been coded here rather than in the Public Works Service. This is not a problem for the overall General Fund budget because total salaries are still below budget. Please contact me or Mr. Lerud if you have any questions. Attachment: December Budget Spreadsheet General Ledger Revenue and Expense vs Budget Through December 31, 2016 % Collected One Year Description Budget Period Amt YTD Budget % Expended Prior Actual General Fund Revenues Taxes $ 5,079,408.00 $ 5,073,392.05 $ 5,079,408.00 99.88% $ 4,949,125.24 Licenses & Permits $ 169,180.00 $ 322,568.73 $ 169,180.00 190.67% $ 275,567.16 Intergovermnental $ 90,751.00 $ 100,661.11 $ 90,751.00 110.92% $ 103,794.85 Charges for Service $ 42,200.00 $ 38,366.40 $ 42,200.00 90.92% $ 55,516.77 Fines & Forfeits $ 60,000.00 $ 14,331.18 $ 60,000.00 2189% $ 61,982.06 Misc Revenues $ 210,400.00 $ 242,338.37 $ 210,400.00 115.18% $ 266,256.65 Other Financing Sources $ 25,000.00 $ 25,000.00 $ 25,000.00 100.00% $ 25,000.00 General Fund $ 5,676,939.00 $ 5,816,657.84 $ 5,676,939.00 102.46% $ 5,737,242.73 General Fund Expenditures Council Personal Services $ 22,600.00 $ 22,175.40 $ 22,600.00 98.12% $ 22,175.40 Supplies $ 2,000.00 $ 1,329.51 $ 2,000.00 66.48% $ 1,751.03 Other Services and Charges $ 133,500.00 $ 97,99590 $ 1.33,500.00 73.41% $ 55,459.29 Other Financing Use $ 70,000.00 $ 70,000.00 $ 70,000.00 273.57% $ 70,000.00 Council $ 228,100.00 $ 191,500.81 $ 228,100.00 83.95% $ 149,385.72 Administraton Personal Services $ 414,154.00 $ 267,379.27 $ 414,154.00 64.56% $ 247,461.51 Supplies $ 20,900.00 $ 17,298.47 $ 20,900.00 82.77% $ 13,288.40 Other Services and Charges $ 42,550.00 $ 1.39,043.48 $ 42,550.00 326.78% $ 143,036.80 Administraton $ 477,604.00 $ 423,721.22 $ 477,604.00 88.72% $ 403,786.71 Finance Personal Services $ 142,273.00 $ 145,413.87 $ 142,273.00 102.21% $ 142,781.51 Supplies $ 14,600.00 $ 21,666.63 $ 14,600.00 148.40% $ 19,252;75 Other Services and Charges $ 15,900.00 $ 40,248.05 $ 15,900.00 253.13% $ 21,016.56 Finance $ 172,773.00 $ 207,328.55 $ 172,773.00 120.00% $ 183,050.82 Professional Services Other Services and Charges $ 226,400.00 $ 165,089.40 $ 226,400.00 7292% $ 200,09593 Professional Services $ 226,400.00 $ 165,089.40 $ 226,400.00 72.92% S 200,095.93 Planning Personal Services $ 178,797.00 $ 182,614.24 $ 178,797.00 1.02.13% $ 183,568.08 Supplies $ 300.00 $ 406.74 $ 300.00 135.58% $ 423.33 Other Services and Charges $ 12,000.00 $ 10,970.78 $ 12,000.00 91.42% $ 18,587.99 Planning $ 191,097.00 S 193,991.76 $ 191,097.00 101.51% $ 202,579.40 Municipal Buildings Supplies_ $ 21,300.00 $ 33,849.82 $ 21,300.00 158.92% $ 54,591.71 Other Services and Charges $ 174,800.00 $ 153,685.38 $ 174,800.00 87.92% $ 100,369.20 Other Financing Use $ 104,313.00 $ 104,313.00 $ 104,313.00 100.00% $ - Municipal Buildings $ 300,413.00 $ 291,848.20 $ 300,413.00 97.15% S 154,960.91 % Collected One Year Description Budget Period Amt YTD Budget % Expended Prior Actual Police Protection Supplies $ - $ 3,601.23 $ $ Other Services and Charges $ 1,106,165.00 $ 1,107,930.55 $ 1,106,165.00 1.00.1.6% $ 1,082,128.91 Capital Outlay $ 230,000.00 $ 214,332.00 $ 230,000.00 93.19% $ 225,180.00 Debt Service $ - $ - $ - $ - Police Protection $ 1,336,165.00 $ 1,325,863.78 $ 1,336,165.00 99.23% $ 1,307,308.91 Fire Protection Other Services and Charges $ 369,714.00 $ 368,467.51 $ 369,714.00 99.66% $ 360,644.21 Capital Outlay $ 270,620.00 $ 270,620.20 $ 270,620.00 100.00% $ 276,156.08 Fire Protection $ 640,334.00 $ 639,087.71 $ 640,334.00 99.81% S 636,800.29 Protective Inspections Personal Services $ 126,299.00 $ 133,537.20 $ 126,299.00 105.73% $ 126,298.44 Supplies $ 200.00 $ 245.00 $ 200.00 122.50% $ 72.95 Other Services and Charges $ 8,050.00 $ 7,114.65 $ 8,050.00 88.38% $ 9,887.81 Protective Inspections $ 134,549.00 $ 140,896.85 $ 134,549.00 104.72% $ 136,259.20 City Engineer Other Services and Charges $ 89,725.00 $ 88,264.00 $ 89,725.00 98.37% $ 91,099.75 City Engineer $ 89,725.00 $ 88,264.00 $ 89,725.00 98.37% $ 91,099.75 Public Works Service Personal Services $ 516,365.00 $ 337,316.29 $ 516,365.00 6533% $ 381,502.32 Supplies $ 1.63,000.00 $ 142,938.49 $ 163,000.00 87.69% $ 103,880.75 Other Services and Charges $ 131,100.00 $ 128,732.65 $ 1.31,100.00 98.19% $ 103,056.57 Other Financing Use $ 860,000.00 $ 860,000.00 $ 860,000.00 100.00% $ 830,000.00 Public Works Service $ 1,670,465.00 $ 1,468,987.43 $ 1,670,465.00 87.94% $ 1,418,439.64 Ice & Snow Removal Personal Services $ 61,465.00 $ 29,594.58 $ 61,465.00 48.15% $ 26,537.47 Supplies $ 44,000.00 $ 21,521.96 $ 44,000.00 48.91% $ 16,228.91 Other Services and Charges $ - $ - $ - $ - Iee & Snow Removal $ 105,465.00 $ 51,116.54 $ 1.05,465.00 48.47% $ 42,766.38 Park Maintenance Personal Services $ 115,02100 $ 152,414.15 $ 115,022.00 132.51% $ 150,918.35 Supplies $ 23,300.00 $ 33,635.46 $ 23,300.00 144.36% $ 17,906.51 Other Services and Charges $ 40,500.00 $ 42,218.46 $ 40,500.00 104.24% $ 35,493.58 Park Maintenance $ 178,822.00 $ 228,268.07 $ 178,822.00 127.65% $ 204,318.44 Recreation Personal Services $ 41,575.00 $ 37,121.95 $ 41,575.00 89.29% $ 43,414.65 Supplies $ 7,700.00 $ 3,681.43 $ 7,700.00 47.81% $ 5,680.43 Other Services and Charges $ 13,900.00 $ 9,598.30 $ 13,900.00 69.05% $ 4,697.74 Other Financing Use $ 42,000.00 $ 42,000.00 $ 42,000.00 100.00% $ 42,000.00 Recreation $ 105,175.00 $ 92,401.68 $ 105,175.00 87.86% S 95,792.82 General Fund S 5,857,087.00 $ 5,508,366.00 $ 5,857,087.00 94.05% $ 5,226,644.92 Revenue Total $ 5,676,939.00 $ 5,816,6.57.84 $ 5,676,939.00 $ 5,737,242.73 Expense Total $ 5,857,087.00 $ 5,508,366.00 $ 5,857,087.00 $ 5,226,644.92 Net Income /(Loss) S (180,1.48.00) S 308,291.84 $ (180,148.00) $ 510,597.81 CITY OF SHOREWOOD City Council Regular Meeting January 23, 2017 7:00 PM 2. IL's/ 1 3. 4. 5. 6. 7. 91 9. Im Print Address 24 OK" 1110�&l JV