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02-13-17 CC Reg Mtg Agenda
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 13,2017 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 Work Session Minutes of January 23, 2017 Minutes B. City Council Regular Meeting Minutes of January 23, 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. Authorize Public Works Light Equipment Operator Advertisement Administrator's memo C. Park Commission Appointment Administrator's memo Resolution D. Approval of Phased Retirement Agreement with Brad Nielsen Administrator's memo E. Approve Professional Services for the Enchanted and Director of Public Works' memo Shady Islands Street Improvement Project F. AT&T Cellular Antenna Lease Extension Finance Director's memo, Resolution G. Urban Forest Management Plan Engineer's memo Resolution H. Approve Change Order No. 2 for 2016 Trunk Watermain Extension Engineer's memo (Oppidan) City Project 16-04 Resolution L Professional Services Proposal for Badger Park Phase 2 Planning Director/ Improvements Director of Public Works' memo CITY COUNCIL REGULAR MEETING AGENDA—February 13,2017 Page 2 4. MATTERS FROM THE FLOOR (No Council Action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING 9. ENGINEERING/PUBLIC WORKS A. Country Club Road, Yellowstone Trail, Lake Linden Road Discussion Engineer's memo 10. GENERAL/NEW BUSINESS A. See Click Fix Renewal Communications Coordinator/ Administrator's memo B. Appeal for Extension of Deadline to Comply with Notice to Remove Planning Director's memo Appellant: Stanley Wartman Location: 26750 Smithtown Road C. Letter from City of Excelsior Regarding Waters of Excelsior Project Administrator's memo 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Investment Report Finance Director's memo 2. Watermain Report 3. Update on nuisance violation at 20325 Excelsior Blvd(Koerting) 4. Legislative Update B. Mayor and City Council 12. ADJOURN #2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS MONDAY, JANUARY 23, 2017 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Zerby called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Siakel, and Sundberg; Attorney Keane; Administrator Lerud; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, Engineer Hornby Absent: Councilmember Labadie B. Review Agenda Sundberg moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0. 2. WATERS PROJECT Administrator Lerud stated that for a number of months there has been discussion about the senior living project in Excelsior called The Waters of Excelsior (The Waters.) Council had asked Council to review alternative financing options and compare the efficiency of them when compared to the pay-as-you-go Tax Increment Financing (TIF) Note proposed by Excelsior. Council directed him to hire a public financial advisor to conduct that review so he hired David Drown with David Drown Associates to do that. During its January 9, 2017, meeting Council asked that Mr. Drown come and explain his findings to Council. Mr. Drown distributed a copy of a one page document comparing the TIF pay-as-you-go option proposed by the developer/Excelsior and a TIF Revenue Bond option. Mr. Drown noted his company provides municipal financial advisor services. He has been doing that for about 35 years and his company has been doing it for about 20 years. He explained he reviewed Excelsior’s TIF Plan and did not find anything causing him concern. He did not think the proposed financing structure was the most efficient option; he thought the interest rate was somewhat high. Based on his experience he thought the financing could be done with a commercial lender at a lower interest rate. It could potentially be tax exempt which would lower the interest rate even more. The financing proposal on the table is called pay-as-you-go TIF Note. If the developer pays its property tax and does not default on any of the terms of the deal the developer would receive 97 percent of the property taxes back as payment on a note until the developer has been reimbursed $2.5 million worth of costs plus interest at an interest rate close to 6 percent. The developer’s expenses approximate $1,696.000. There would be about $413,000 in costs for Excelsior to make improvements to the intersection area near the project site. Thirty months of capitalized interest would be close to $391,000. The capitalized interest CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 23, 2017 Page 2 of 8 would be extra money that would be borrowed and set aside to cover the first couple of years’ worth of bond payments. That is needed because Tax Increments do not materialize up front; there is an approximate two year lag before they begin to flow. The pay-as-you-go TIF amount of $2.5 million would likely be paid off in about 17 years. He noted that the good thing about pay-as-you-go would be the developer or its lenders borrowed all of the money. If something were to go wrong it would be their problem. He then explained the alternative financing TIF Revenue Bond calculations. He used the developer’s number in terms of increment projections, value and so forth to show how the payments would likely work. He also based his calculations on being able to find a bank that would lend the money in exchange for the TIF payments at a tax exempt interest rate. After doing some research he found out there is some interest in the lending community to do a tax exempt TIF Revenue Bond. He has a semi-binding proposal of an interest rate 3.25 percent. That interest rate would reset in 5 – 7 years. For the first 5 – 7 years it would be significantly less. If the 3.25 percent interest rate would be in effect for the life of the TIF District the term of the District would be reduced to 13 years. Reducing the term by four years would mean there would be four years of Tax Increments that would not be needed. The Tax Increments would be over $300,000 for each of those four years. That amounts to about $1.2 million in tax revenue that would not have to be rebated to the developer or the developer’s bank. Of that $1.2 million the county, school district, and other jurisdictions receive their share. The remaining share for Excelsior and Shorewood combined would be about 28 percent of that or about $360,000. A TIF Revenue Bond is a security that would be issued and sold by either Shorewood or Excelsior. It would not be a General Obligation (GO) bond. The Revenue Bond would not carry the full faith and credit of either City. Most of Shorewood’s other bonds do. The Revenue Bond would simply say if the developer pays its taxes and a city gets them as Tax Increments that and only that would be a source of revenue that would be used to make payments on the Revenue Bond. It is somewhat like pay-as-you-go. If the Tax Revenue Bond is processed properly the interest rate could be tax exempt. As tax exempt the buyer would receive a federal tax benefit from that transaction. That is a major part of the reason the starting interest rate would be lower. Also, bankers are a little hungrier for business than the lenders the developer has been talking with. If something goes wrong there would be no obligation or recourse to a city. It is the exact same security pledge which is TIF is the only way it would be paid. Whether the payments go to the developer as in a pay-as-you-go payment or if the payments go to a bank as payments on a tax exempt TIF Revenue Bond the security would be exactly the same and the risk situation would be exactly the same. Under no circumstance could the taxpayers in the community have to cover a shortfall. Going with the TIF Revenue Bond structure would be a little more complicated; but, it would be more efficient and get rid of the TIF District four years earlier. The project would be back on the tax rolls earlier. Mr. Drown noted he thought that the TIF Revenue Bond funding structure deserves consideration. Councilmember Sundberg asked Mr. Drown what he thought the interest rate would be 5 – 7 years out. Mr. Drown stated one-half of the world thinks the interest rates are going to go up from where they currently are and the one-half thinks they are going to go down. Mr. Drown explained that if history is considered over the last 10 years there was not any point in time when things would have caused the initial interest of 3.25 percent to go over 6 percent when reset. He thought there could be a cap put on how high the security CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 23, 2017 Page 3 of 8 rate could be increased. The worst case would be the TIF Revenue Bond interest rate could be increased to about 6 percent which is the rate for the pay-as-you-go TIF Note. Councilmember Sundberg asked if Excelsior is fixed on a pay-as-you-go TIF Note. Administrator Lerud clarified Excelsior’s policy is pay-as-you-go. Administrator Lerud noted that going with the TIF Revenue Bond structure would be of value to both Excelsior and Shorewood. Jay Jensen, representing The Waters Senior Living, explained The Waters was very interested is getting the most efficient financing possible for its project. He assumes Excelsior would be interested as well. He noted that he had spoken with Mr. Drown over the phone. He explained The Waters development agreement with Excelsior stipulates that 20 percent of the units in the senior living facility have to be affordable for at least 10 years. Excelsior’s “stick” to keep the units affordable would be to shut off the TIF if that does not happen. He asked how the developer’s guarantee would interrelate with trying to get a tax exempt TIF Revenue Bond. Mr. Drown stated a different stick would have to be substituted to secure that, but noted he does not know what that stick would be. Mr. Drown stated if the TIF Revenue Bond structure seems to have merit to Council he explained that one of the actions Council could consider would be to approve the current financing pay-as-you-go proposal Excelsior has put forward while reserving the right to consider and possibly substitute a more efficient financing rate to get the deal done if and when that becomes a possibility. That would give the developer the commitment to let the developer know that there would be some type of TIF financing and that it could move forward with its project. Then there would be time to consider a more efficient financing structure. He thought the developer would be acceptable to receiving a cash payment up front rather than payments over time. Councilmember Sundberg stated that approach would be a softer way to present things to Excelsior. Mayor Zerby asked Mr. Jensen at what point would his firm feel comfortable moving forward with beginning its architectural work. Mr. Jensen stated he thought Shorewood’s and The Waters’ and hopefully Excelsior’s interests are aligned in that the parties want the lowest interest rate possible. He then stated he thought Mr. Drown had recommended moving forward with the pay-as-you-go path while continuing to explore financing vehicles that are more financially efficient. Councilmember Sundberg stated she thought that was discussed during Council’s January 9, 2017, meeting. Councilmember Siakel stated that early on during this process Shorewood asked the developer and Excelsior representatives for more details and more specifics about financing but they were not provided. She expressed her frustration about that. It is now about one and one-half years later and Shorewood staff and Council have gotten the details and they are being asked to rush through them. She stated she thought staff and Council are acting in the best interests of its constituents. Siakel noted she does not regret taking the time. In response to a comment from Councilmember Siakel, Mr. Drown stated even without a rate cap there would be no feasible way where the term of the TIF District would be longer for the TIF Revenue Bond structure than it would be for the pay-as-you-go TIF Note structure. It is only a question of how much money would be saved. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 23, 2017 Page 4 of 8 Mr. Jensen noted he worked on government financing for many years. He explained the tradeoffs for this are a shorter duration, a lower interest rate and security that the developer does what it has said it is going to do. He stated he thought Mr. Drown suggested trying to keep the lower interest rate while preserving a stick for security. Mr. Drown concurred with Mr. Jensen’s characterization. Councilmember Siakel thanked Mr. Drown for his time and noted she was more comfortable after having had this discussion to allow Attorney Keane and staff to take the next step. Councilmember Johnson stated his only concern was if Council approved things conditionally that there may not be transparency on the financing review going forward. Mr. Drown stated if people want to take a serious look into the TIF Revenue Bond structure he thought that would take about a month to work out the details and present a binding proposal to purchase a TIF Bond. Councilmember Siakel asked if that would require Excelsior to revise its policy. Attorney Keane clarified that Shorewood would be the intermediary funding source for the TIF Revenue Bond. Mr. Drown clarified it is Excelsior’s TIF deal and it is Excelsior’s development contract and TIF Agreement. That Agreement states that Tax Increments are going to go to the developer. Going to the TIF Revenue Bond structure would change the flow of Tax Increments; it would change the contracts. Instead of Excelsior making Tax Increment payments to the developer Excelsior would send its Tax Increment payments to Shorewood and Shorewood would use them to pay the bonded debt. The contracts and the paper work would have to be changed. Excelsior would have to be an active willing participant. Mayor Zerby stated he thought Excelsior’s concern was about risk; Excelsior believes the pay-as-you-go structure minimizes its risk with the project versus the TIF Revenue Bond structure. Mr. Drown stated if things do not go right while there is a TIF Revenue Bond outstanding, the question would be if there would be some potential impact on a city’s financial condition. Would there be some impact on reputation that would hurt a city in some way? If Shorewood would do the financing rather than Excelsior those are the questions Shorewood should be asking. He stated he thought it was likely that Shorewood has done an IDB conduit deal in the past. An IDB conduit is a bond issue with the City’s name on it with the source of revenues for bond payments being the stream of revenues from a project. The City would not be under any obligation to cover shortfalls. What has been proposed for considerations would essentially be the same thing. IDBs get done all of the time. In his 35 years of working in this area he has never seen a material adverse impact on the credit rating or the financial condition of the cooperating city because people understand it is not a city bond. Mr. Jensen noted that when he was an issuer for the City of Minneapolis he did a lot of IDBs. He explained the challenge in this situation is how to keep the TIF Revenue Bond tax exempt and that would be by keeping it pure so that it is really a governmental action. If he were to put his Shorewood hat on he would do the TIF Revenue Bond structure in a second. If he were to put his Excelsior hat on then all of the developer agreements with Excelsior that require the developer to make good on the affordable housing units would be very tricky to do from a legal stand point if the financing structure changes. He questioned how the bond could be tax exempt while maintaining the stick that if the affordable housing requirement is not satisfied that the TIF would be shut off. If he was to be the banker that buys the TIF Note and a number of years out the TIF is shut off then that would be a significant problem. The risk is how to have security so that the developer does what it is supposed to do. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 23, 2017 Page 5 of 8 Councilmember Siakel asked how many total units would be in the facility. Mr. Jensen responded 115 and there would have to be 24 affordable units. Mayor Zerby asked what the TIF structure is for Oppidan’s senior living project in Shorewood. Attorney Keane stated it is pay-as-you-go. Zerby then asked what the interest rate is for that. Keane responded 5.5 percent. Mr. Jensen noted The Waters project is similar to Oppidan’s with the exception that The Waters has the affordable units’ requirement for 10 years. Mayor Zerby stated based on what he has heard it sounds as if Shorewood should have gone with the TIF Revenue Bond structure for the Oppidan project. Attorney Keane concurred. Councilmember Siakel asked how much it would set The Waters project back by changing to a TIF Revenue Bond financing structure. Would it be many months? Attorney Keane responded no. Todd Frostad, owner of the Southlake Office Building located at 23505 Smithtown Road, stated for Excelsior the enforceability of the affordability requirement is going to be a challenge if the financing structure is changed to TIF Revenue Bond from the current proposal of a pay-as-you-go TIF Note. For Excelsior it would be Excelsior’s control over the developer for the plan that was approved, proposed and vetted before the Excelsior community. Mr. Jensen stated in the ideal world it would be to continue on the current path of the two cities working together on the pay-as-you-go structure. It would then be up to him, Administrator Lerud, Mr. Drown, Attorney Keane and the firm Kutak Rock LLP that Keane is part of to continue work on alternate financing. He noted that someone would have to give the legal opinion that the TIF Revenue Bond could be tax exempt. The Kutak Rock legal firm has as good experience as anyone in the country when it comes to tax exempt financing. Keane stated there was discussion at his firm about tax exempt bond financing structure earlier in the day and no one raised any red flags about the tax exempt opinion noting the affordability issue was not part of that discussion. Councilmember Johnson asked if Excelsior representatives would be involved in that discussion. Attorney Keane stated that would be between Kutak Rock representatives and Shorewood representatives. Mr. Jensen stated he has been doing tax exempt bonding since the mid-1970s. He reiterated that from his vantage point he does not think there is a firm in the country that has more experience with tax exempt financing than Kutak Rock has. Councilmember Sundberg stated if a decision is made to further investigate the TIF Revenue Bond financing structure she asked if that would delay the project. Mr. Jensen stated his hope is that for now to continue with the pay-as-you-go financing structure. If he, Administrator Lerud, Attorney Keane, Mr. Drown and Excelsior representatives can find a way to shorten the term of the TIF District everyone would benefit. He then stated he has been involved in a lot of discussion with Excelsior about how to shorten the term of the TIF District. The TIF Revenue Bond option brought forth by Mr. Drown had not been considered before. Councilmember Sundberg noted that she likes Excelsior’s affordability requirement of 20 percent of the units for a minimum of ten years. Councilmember Siakel stated she thought The Waters offered to do that. Attorney Keane stated it was Excelsior’s policy. Mr. Jensen clarified it is The Waters policy. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 23, 2017 Page 6 of 8 Mayor Zerby stated the stick to ensure the affordability units for 10 years of ending the TIF is Excelsior’s. Administrator Lerud asked if affordability is income or asset based for the senior renter. Mr. Jensen stated it is not clear because the Metropolitan (Met) Council interprets it noting based on discussions he has had it is somewhat asset based. The maximum income they can have is 60 percent of the median income. Councilmember Johnson asked if there has been any conversation with Excelsior representatives about a TIF Revenue Bond financing structure. Administrator Lerud responded they are aware of what Shorewood is discussing and the numbers presented this evening are in line with what he has discussed with Excelsior Manager Luger. Administrator Lerud reiterated Excelsior’s policy is pay-as-you-go. Mayor Zerby stated based on discussions during Council’s January 9, 2017, meeting The Waters is hesitant to move forward with preparing architectural drawings which will be quite costly until it The Waters is assured there are no potential obstacles. Mr. Jensen stated it is in all of the parties (Excelsior, Shorewood and The Waters) best interests to shorten the term of the TIF District as much as possible; The Waters more than the Cities. He hopes the Cities will give him and staff from both cities the latitude to craft the most efficient financing structure possible. Councilmember Sundberg questioned if Shorewood has any leverage with proposing a different financing structure. Councilmember Johnson expressed his preference would be for Shorewood to continue to further assess a TIF Revenue Bond financing structure before taking action on what is on the table during the regular meeting following this work session. Councilmember Siakel stated when Council takes action during its regular meeting it could attach conditions to the action. Mayor Zerby clarified it would probably come as a recommendation from Council and not a condition. Mr. Frostad stated he thought Excelsior would be receptive to a recommendation. Excelsior representatives have not had the opportunity to discuss the alternative TIF Revenue Bond financing structure benefits. He suggested it be presented to Excelsior from a cooperative financial benefits perspective so the receptivity would be greater. The Bond structure would be in all three parties’ best interest. 3. FORESTRY MANAGEMENT PROGRAM Engineer Hornby explained the meeting packet included a memorandum (memo) authored by him summarizing the updates to the draft Urban Forest Management Plan (the Plan) Council discussed during its October 10, 2016, work session. The packet also included a copy of the updated Plan. The updates to the Plan include a 10-year implementation budget (it had been shorter than that in the draft Plan) ranging in cost from $72,000 – $85,000 annually, a draft policy for homeowner/site visits, public education, and a right-of-way tree policy. He noted that Gail Nozal and Jon Schmidt from S&S Tree and Horticultural Specialists, Inc. were present. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 23, 2017 Page 7 of 8 Ms. Nozal explained that the Plan was changed to incorporate more tree replacement plantings over the first three years of implementing the Plan. The Plan budgets 100 site visits per growing season (May – September) which would be scheduled through City Hall. Councilmember Sundberg asked Ms. Nozal if there has been a lot of site visit participation in cities where such a benefit is offered. Ms. Nozal stated that varies. She noted that emerald ash borer was found in the City of Maple Grove last week and that will likely generate a spike in phone calls. Public education will raise awareness about the City’s program. She anticipated the calls will start slow and grow from there. She encouraged doing a review at the end of the 2017 season. Ms. Nozal explained S&S is currently working with the City of North Oaks and it takes calls for oak wilt for four other cities. Engineer Hornby clarified that the intent is to schedule a number of site visits for one day for efficiency reasons. Ms. Nozal noted that on average a site visit takes about 30 minutes. If a property owner has issues that will take longer than that S&S would recommend they call an arborist. Councilmember Sundberg asked if there is something for addressing invasive plant management on City- owned property in the Plan. Ms. Nozal stated they did not make a lot of revisions to that section in the Plan. Sundberg asked if there is a big problem with, for example, Buckthorn on City property. Director Brown stated there is an endless amount of Buckthorn in Freeman Park. Ms. Nozal stated the biggest challenge cities face is eradicating/mitigating invasive plants on City property when there is private property abutting it where that is not being addressed. Mayor Zerby expressed concern about people bringing in firewood that is from infested trees. He noted he is aware of one resident who is receiving firewood from a tree trimer in the area and he does not think that firewood is processed. Ms. Nozal noted that she has seen ash firewood along the trail. Engineer Hornby explained the memo includes a policy regarding trees in the public right-of-way (ROW) and easements. The policy restricts planting in the ROW in most instances. When there is no ROW or easement trees should not be planted any closer than 15 feet from the edge of public roadway pavement. Trees and shrubs should not be planted in locations where they could block vehicle drivers’ sight lines. Councilmember Sundberg asked if Public Works would be responsible for clearing sight lines. Director Brown responded yes and clarified that depending on each individual situation S&S may be asked to assist with the clearing. Councilmember Siakel stated by extending the Plan to be a 10-year plan she thought it would be much more financially manageable. Councilmember Sundberg stated she liked the education component of the Plan. Mayor Zerby stated he liked the education piece about air quality. Councilmember Siakel stated she could support getting started with executing the Plan and she suggested reevaluating the Plan after a few years. Administrator Lerud stated staff has discussed doing that after about three years. Mayor Zerby stated he considers the Plan like a Capital Improvement Program for the urban forest. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 23, 2017 Page 8 of 8 Director Brown stated staff intends to bring the Plan back during Council’s February 13, 2017, meeting for adoption. Council indicated a readiness to do that. Engineer Hornby noted that the Plan is a policy and if there are things that can be approved upon or added that can be done. 4. ADJOURN Siakel moved, Sundberg seconded, Adjourning the City Council Work Session of January 23, 2017, at 6:44 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 23, 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. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Siakel, and Sundberg; Attorney Keane; City Administrator Lerud; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: Councilmember Labadie B. Review Agenda Mayor Zerby asked that Item 10.13 be discussed first in order to be respectful of Police Chief Meehan's time. Johnson moved, Siakel seconded, approving the agenda as presented.Motion passed 4/0. B. Regulations for Residency of Convicted Sex Offenders (This is Item 10B on the agenda) South Lake Minnetonka Police Department (SLMPD) Chief Meehan stated he was present to answer questions Council may have about the proposed City Code amendment restricting the residency location of Level III sexual offenders. Mayor Zerby noted that Council discussed the amendment during its January 9, 2017, meeting. During that discussion Councilmember Sundb'erg indicated she had a number of questions she wanted to have Chief Meehan answer. Director Nielsen noted staff sent out a revised map reflecting what the effect of the 1000 foot radius would be. Mayor Zerby stated it is,his understanding that the SLMPD member Cities of Greenwood and Tonka Bay have approved similar amendments to their City Codes. Chief Meehan clarified that Greenwood Council has approved the Greenwood amendment and the Tonka Bay Council is going to consider the Tonka Bay amendment during its January 24 meeting. Councilmember Johnson stated the Deephaven City Council passed a similar amendment. Chief Meehan explained the situation has changed somewhat because on January 3, 2017, the Federal Appeals Court ruled Minnesota's Sex Offender Program (SOP) is constitutional. Until the Minnesota Legislature creates a level playing field he thought it would be better for all of the member cities to have an ordinance. Those communities that do have residency restrictions in place are far less likely to have predatory offenders placed in those communities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 2 of 15 Councilmember Sundberg stated she submitted a list of questions. Chief Meehan stated he has the list with him. Chief Meehan explained there are four levels of predatory sex offenders. Levels I, II and III are what he thought people should be concerned about. Before a sex offender would be released from the SOP they have to go through an assessment done by the Department of Corrections to try and determine what the offender's likelihood of re-offense would be. For a Level I predatory offender it would be very low, for Level II would be moderate and for Level III that would be a high risk level of re-offense. There were a number of predatory offenders that were released with no level attached to them because the assessment process had not been implemented yet. They are a nondesignated type of predatory offender; the fourth type. If a Level I predatory offender is released into the community by statute law enforcement can maintain the record and share it with other law enforcement agencies. If a Level 11 offender is released law enforcement can share that information with other agencies that would have people around that could be likely to be a victim of that offender. Those agencies are most often public and private schools, day care centers and so forth. If a Level III is released into the community the entire community is notified. Councilmember Sundberg asked if the focus is on pedophiles or is it broader than that.. .:- Chief Meehan explained a predatory offender is typically,someone convicted in Minnesota of a felony level criminal sexual conduct crime. It does include other specifically'designated sex offenses and certain other crimes such as kidnapping, false imprisonment and the like. A conviction in those areas could result in a person being designated as a predatory sexual offender. Councilmember Sundberg stated she thought a lot of the language in the draft ordinance appears to be focused on children. She asked if the intent is to focus on children. Chief Meehan clarified the intent is to protect everyone. Chief Meehan noted there are no Level III predatory offenders living in the SLMPD coverage area at this time. One had moved into the City of Tonka Bay recently. That individual moved out quickly following community notification. Councilmember Sandberg asked why the distance froth schools, churches, and bus stops, for example, is 1000 feet rather than 2000 feet. Chief Meehan explained that Greenwood chose the 1000-foot distance. It was based,on what they found in other,ordinances around the state that were reviewed. Sundberg then asked if 1000 feet is sufficient. Chief Meehan responded he thought it is. He explained that part of the reason for the ordinance is to'have a successful reintegration of the offenders into a community and he thought 1000 feet does that. He noted that it is easier for the SLMPD to enforce ordinances in the SLMPD community if they are similar. Councilmember Johnson commented a distance of 2000 feet might be ruled unconstitutional.in the future. Sundberg moved, Siakel seconded, Approving ORDINANCE NO. 538, "An Ordinance Amending the Shorewood City Code Restricting the Residency of Convicted Sex Offenders in the City of Shorewood" and Adopting RESOLUTON NO. 17-010, "A Resolution Approving Publication of Ordinance No. 538 by Title and Summary."Motion passed 4/0. Mayor Zerby thanked Chief Meehan for coming this evening. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of January 9, 2017 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 3 of 15 Siakel moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of January 9, 2017, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Planning Director Position C. Approving Hiring for Lead Supervisor in Public Works D. Setting the Date of Monday, May 1, 2017,for the Open Book Meeting E. Accepting the Resignation of Jean Panrbyshyn and Authorize Advertisement of City Clerk Position F. Adopting RESOLUTION NO. 17-005, "A Resolution Making an Appointment to the Minnetonka Community Education (MCE)Advisory Council." G. Adopting RESOLUTION NO: 17-006, "A Resolutions Making the Appointment of Deborah Zorn (February 1, 2017, - January;31, 2020) to the Lake Minnetonka Conservation District Board." H. Adopting RESOLU"T"ION NO. 17-007, "A Resolution Accepting the Work and Authorizing,Final Payment for the 2016 Crack Fill and Seal Coat Improvements, City Project No. 16-01." L Approve Professional Services Agreement for Geotechnical Exploration and Report for Rivierh Lane and Shorewood Lane Reconstruction Project, City Project 17-04 Councilmember Siakel thanked Clerk Panchyshyn for her service to the City over many years and stated she has been a,terrific employee. She noted she was sad to have Panchyshyn leave but she was happy that Panchyshyn can retire and do the things she wants to do. She congratulated Director Brown on obtaining approval to hire a lead supervise'position in Public Works. Councilmember Sundberg stated that Clerk Panchyshyn has been an outstanding employee and she will be missed. Motion passed 4/0. 4. MATTERS FROM THE FLOOR Ken Huskins, 24075 Mary Lake Trail, explained that he had had a conversation with Councilmember Sundberg the beginning of December 2016 during which Sundberg indicated to him that action would be taken during this meeting on how to move forward with actions taken by the Traffic Committee. The report from the Traffic Committee was presented to Council in the beginning of July 2016. As far as he is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 4 of 15 aware there have not been any recommendations from staff or from Council about what actions should be taken to remediate traffic problems in the area near the Minnetonka Country Club (MCC) development. He was disappointed when he read the agenda for this meeting and learned that it was not on the agenda. Since reading the agenda he had spoken with Sundberg a couple of times who shared his concern and she indicated to him that there would be movement from this point forward. He does not know what that movement would be. Shortly after his conversations he did receive and email with a draft report issued by Engineer Hornby attached. He was unsure if Council had received a copy of that report. He clarified he has not spoken with anyone else who served on the Traffic Committee about Hornby's report. He thought the report was inadequate. It did not provide enough information to help Council recommend actions to be taken. He considered the report to be a distillation of what the Committee had already presented to Council with a little budget information added. The budget information is wide ranges and there is no documentation supporting it. In the report traffic enforcement was consistently labeled as a con. The Committec's,report indicated that no matter what actions were taken or even if no actions were taken the one thing that could improve the traffic situation was traffic enforcement. He was perplexed by labeling enforcement a con, Mr. Huskins asked Council to reread the minutes from the various meetings since July 2016 during which Council committed to taking actions. He suggested Council decide if those were hollow promises or if the timing was not right back then. He thanked Council for its attention, Mayor Zerby thanked Mr. Huskins for coming before Council. Councilmember Sundberg noted she shared Mr. Huskins' frustration, She stated it was her recollection that Council had been told that staff would have its,report ready for this meeting. She noted that she thought the Traffic Committee'did,an outstanding job. She stated that when Council asks a group of residents to come together to prepare a'list of their best ideas she thought it prudent for Council to respect that. From her vantage point Council has not been as,respectful as it should have. She clarified it is unlikely that the City will,be able to do everything the Committee identified but they should be thoughtfully considered. She suggested Council discuss the recommendations during the February 24, 2017, Council and staff retreat. She commented that as the MCC development is built out that will impact traffic significantly. Engineer Hornby clarified the information he had sent out was sent to the Traffic Committee, to Council and to staff. The information was,what Council had asked for; a slight summary of what the item was and to approximate cost to do it. The report's intent was to be big picture. Mayor Zerby stated it was his recollection that he asked staff to provide Council with an idea of which suggestions would provide the best value for the money spent. Engineer Hornby noted that some lower cost items were done. He explained stop bars were painted along the Country Club Road, Yellowstone Trail and Lake Linden Drive cut-thru as part of the 2016 pavement marking project. On Eureka Road double yellow striping was put down as a traffic calming measure. Lighted stop signs have not been installed. He also noted that the suggestions were not prioritized in his report. Mr. Huskins stated when the Traffic Committee was preparing its report some members thought there could be some "quick wins" even though they might be less costly. He then stated when Council and staff discuss this topic again he suggested people not limit their thinking to what might be cost effective CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 5 of 15 "quick wins" only. When further vetting is done of some of the suggestions made by the Committee may be found to be more effective than those higher on the list. He does not think that anyone would expect those to be funded out of this year's budget. He encouraged Council and staff to think strategically about the traffic improvements. From his perspective it is not just about one or two things that the City can afford to do now. The problem will not necessarily be corrected by that action. It may take several years of planning and vetting and budgeting for a more effective solution. Mr. Huskins noted that he and the other members of the Committee were not asking for immediate action and solutions to the problem. People do not think that would be feasible. They are asking Council not to think about just what the City can afford in the next 6 — 12 months. They want Council to think about investment in improvements over the next 3 —5 years. Councilmember Siakel stated the traffic situation is a big issue that will take years to remedy. But, she does think there are improvements that can be done now. She asked if staff would have to order blinker stop signs for certain intersections now for installation in 2017, It was her recollection that Council was supportive of installing those types of signs. Engineer Hornby stated those signs could be ordered now. Mayor Zerby stated there were some suggestions (e.g.; road realignment) that he would like Council and staff to explore further. Councilmember Siakel suggested ordering and installing the recommended blinker stop signs as soon as possible. Councilmember Sundberg stated that during the budgeting process priorities,may need to be adjusted. Mr. Huskins stated he thought people understand that making some of the improvements would not be done quickly because of the need to come up with a plan to fund them. Councilmember Sundberg stated every city in the country has infrastructure challenges. Mr. Huskins stated his intent oncoming this evening was to bring this to Council's forefront again. Mayor Zerby again thanked Mr. Huskins for his comments. Sue Davis„noted that the eleventh Arctic Fever event held January 12 — 15, 2017, was hosted by the Cities of Excelsior, Shorewood and Tonka Bay. It was a huge success even though there was not a lot of snow. She`thought the reason the Friday night pizza party in the Southshore Center was extremely crowded was because there were no snow sculptures to look at. The lack of snow on Saturday did not have as much of an impact. Channel 4 News shot some video in Freeman Park during the day on Saturday. The video was shown on the news that night; there was a reminder about the Princess Brunch that would be held on Sunday at Lord Fletcher's. The Brunch was also extremely crowded. The organizers and Public Works were complimented by the venue providers. There will be a follow-up meeting on January 25 to assess this year's event. She noted there was a shortage of volunteers this year. She also noted that more than 1000 people came through Freeman Park on Saturday. Mayor Zerby thanked Ms. Davis for her efforts in helping make the Arctic Fever event very successful. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 6 of 15 A. Report on Lake Minnetonka Conservation District Activities by Representative Deborah Zorn Mayor Zerby noted that newly reappointed member to the Lake Minnetonka Conservation District (LMCD) Board Deborah Zorn was present to report on LMCD activities. Boardmember Zorn stated Council had been provided with a short report highlighting LMCD activities. She highlighted some of the items contained in the report. • The LMCD was established under State Statute 1039.611 in 1967 with a responsibility that is primarily regulatory and code enforcement (dock use area) in nature. The LMCD has expanded its mission by moving into the public safety realm and into aquatic invasive species (AIS). • The LMCD Board approved an update to the LMCD's bylaws in 2016; the bylaws were written in 1967. • The LMCD Board has 14 members composed of a representative appointed by each of the 14 member cities councils surrounding Lake Minnetonka.The Board meets twice a month. • The LMCD has 3.5 staff positions—an executive director, an administrative technician (currently vacant), an administrative assistant, and a part-time administrative clerk. • Executive Director Vickie Schleuning was hired'in September 2016. She has over 20 years of experience in local government plus six years in education. • The LMCD partners with: the Hennepin County Sheriff's Water Patrol to enforce regulations, the Minnehaha Creek Watershed District and the Three Rivers Park District (TRPD). The last two years agencies have provided the staff for the Watercraft Inspection Program for AIS done at boat landings. • The LMCD Board embarked on a strategic,planning process in 2015. • The LMCD's budget and tax levy for 2017 is $326,343. Shorewood's share of that is 6.8 percent (or $30,723). • The LMCD's harvesting program which is for opening up public navigation only is going through an evolution. There are proponents and opponents of the program. The harvesters are aging and there is not a lot of support for replacing them. The number of harvesters was reduced from four to three because of a reduction a Minnesota Department of Natural Resources (MN DNR) grant. Mid-summer 2016 there were maintenance issues with another harvester. In 2016 there were 170 truckloads of harvested milfoil and other weeds hauled away. Approximately 8 — 10 percent comes from Shorewood acreage. • In June 2016 Hennepin,County installed an emergency dock located on County-owned property located near the Arcola Bridge. The effort was initiated in 2015 after there had been a number of emergencies near Big Island around July 4"' where people needed to be airlifted away. Gabriel Jabbour,owner of the Shorewood Yacht Club, helped bring that dock to fruition. • Some of the,solar lights'on buoys were vandalized. Those were replaced before the 2016 July 4t' holiday. • In 2016 the Board amended the LMCD ordinance regarding nuisances and liquor restriction. In response to complaints quiet hours were established from 10:00 P.M. to 7:00 A.M. restricting plainly audible noise at a distance of 150 feet from shore. • The LMCD established a Facebook page in October 2016— www.facebook.com/lakeminnetonkaconservationdistrict. • In September 2016 the Board approved Howard's Point Marina's request to reconfigure its dock under the Qualified Commercial Marina Ordinance. The Marina is located in Shorewood. Boardmember Zorn noted the LMCD's hot topics for 2017 include recodification, stakeholder engagement, communications and finalizing the Strategic Plan. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 7 of 15 Mayor Zerby thanked Boardmember Zorn for all of the work she does on the LMCD Board. He stated he thought the Board is going in the right direction. Boardmember Zorn thanked Council for its support. 7. PARKS A. Report by Justin Mangold on the January 10,2017 Park Commission Meeting Park Commission Chair Mangold reported on matters considered and actions taken during the January 10, 2017, Park Commission meeting (as detailed in the minutes of that meeting). He highlighted that the Commission has recommended Council order the plans and specifications for the parking lot improvements as configured in the Badger Park Concept Plan 1.5 that Council has approved as soon as possible. Councilmember Sundberg stated because Shorewood has/will be taking ownership,of the Southshore Center she expressed she would like to pause on proving forward with additional Badger Park improvements until has the opportunity to solidify Council's,vision for the Center going forward. Chair Mangold stated the Park Commission is continuing to move forward with the Concept 1.5 vision noting he has told Council that before. If Council wants the Commission to go in a different direction Council needs to tell the Commission that. He stated he is trying to figure out what items fit Concept 1.5. He explained that when plans for Badger Park were discussed the Commission understood there was a need for additional parking for the Southshore Center. Anything from the Center directly to the Park was not approved as part of concept 1.5. Having moved forward with,the new artificial turf field in Badger Park some of the items discussed regarding the Southshore Center and how it could better related to the Park are no longer feasible. Councilmember Sundberg suggested Council discuss the Southshore Center during the February 24 Council and staff retreat. The; outcome of that discussion may have an impact on what the Park Commission is doing. Chair Mangold stated Council had indicated it liked Concept 1.5 and that the Park Commission should move forward with it while working within the budget it was going to get. Councilmember Sundberg stated from her vantage point Council may need to realign priorities. She then stated that she does not want to potentially be in a situation a year from now where it needs to redo things because the focus has changed. She recommended focusing on both the Center and the Park at the same time. Chair Mangold stated he welcomed more direction from Council. B. Badger Park Parking Lot Director Nielsen explained the second part of Phase 1 improvements to Badger Park is the parking lot. It was too much to do both the play field and the parking lot in 2016. Therefore, it was split into two years. Money has been budgeted for 2017 for the parking lot improvements. He then explained the Badger Park Concept 1.5 plan takes the Southshore Center into consideration. The view was always that the Center would remain open. The plan was intended to connect the Center with the Park and with City Hall. A big part of that includes improvements to the parking lot that would benefit both the Center and the users of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 8 of 15 the play field. He went on to explain that Concept 1.5 has a different turnaround for Center user than another concept plan had. That allows for a walkway system from the Center through the Park and on to City Hall. He stated staff has been told in the past that it is best to bid projects out early in a year to get the best pricing possible and to get the project done. Nielsen noted that staff and the Park Commission recommend Council authorize the preparation of plans and specifications for the parking lot improvements in Badger Park. He noted that he has spoken with Engineer Hornby about including the utilities and some portion of the trail that runs parallel to the driveway then around the play field in the plans. Councilmember Siakel noted she supports doing both of the projects. She stated it is her recollection that Concept 1.5 included redrawing the lines in the parking lot to accommodate the flow of traffic. She asked what Council is being asked to authorize. Director Nielsen clarified Concept 1.5 includes doing that. Siakel stated she interprets that to mean the bid that would eventually be solicited would be for the redesign of the parking lot.Nielsen confirmed that. Siakel asked if the trail that is near the pond would be included in the plans. Nielsen clarified that trail would not be paved; it was never intended to be paved. He explained that part of that area necessitates a box culvert or bridge at the southeast corner of the play"field so that the trail could loop into the Park. If Council wants that done it should be done later this year; Then maybe that trail surface could be converted to agricultural lime instead of wood chips. Siakel suggested that maybe the box culvert and surface also be done as part of this project. Nielsen explained when the box culvert is in place then the wood chip trail can be dealt with. Councilmember Sundberg stated Concept 1.5 addressed parking needs and access to and from for the Southshore Center. It was based on how it is currently operating. 'Director Nielsen explained Concept 1.5 assumed the Center would continue to operate as a community center. And, there was a desire to have the Center connected to Badger Park and to City Hall. Concept 1.5 would do that. Once of the issues at the Center is its limited parking. Concept 1.5 would add several parking spaces. That would benefit both the Park and the Center. Sundberg asked if people envision the Center'having about the same amount of traffic. Nielsen stated he viewed that as,a business decision, There has been discussion about increasing the use of it. He then stated that because Shorewood has control of the Center it can make improvements that it was reluctant to make when five cities owned the Center.He thought some of those improvements would help increase the use of theCenter noting the use of the Center increased this year. Sundberg stated if the use of the Center is increased'she asked if the proposed increase in parking would be sufficient. Mayor Zerby stated it was his understanding that Concept 1.5 assumed eventual control of the facility by Shorewood. Park Commission Chair Mangold stated one of the key benefits out of Concept 1.5 would be a full walkway from the Southshore Center to City Hall. There is not safe walkway now. Mayor Zerby concurred with that. Councilmember Siakel asked if the sidewalk / trail be addressed as part of this project. Can it all be connected? Director Nielsen responded yes. Siakel moved, Johnson seconded, directing the City Engineer to prepare plans and specifications for Badger Park parking lot improvements in 2017.Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 9 of 15 Engineer Hornby stated he would prepare a professional services agreement for Council's consideration during its February 13, 2017,meeting. C. Freeman Park—South Parking Lot Improvement Director Nielsen explained that last summer the City received a petition from residents living in the Shorewood Ponds development requesting the south parking lot in Freeman Park adjacent to the development be paved in part because of issues with dust control. The issue was referred to the Park Commission. The Park Commission agreed with that and recommended that be done in 2017. Money has been budgeted for that purpose for 2017. Staff suggests the plans and specifications for the Badger Park parking lot should also include those for the south Freeman Park parking lot; Sundberg moved, Johnson seconded, directing the City Engineer to prepare plans and specifications for the south parking lot in Freeman Park in conjunction with those be prepared for the Badger Park parking lot. Motion passed 4/0. 8. PLANNING A. Report by Representative on the January 17, 2017,Planning Commission meeting. Planning Commission Chair Davis noted she did not have a report to give on the January 17, 2017, Planning Commission meeting. B. Conditional Use Permit for Accessory Space Over 12©0`Square Feet Applicant: Al and Jennifer Larson Location: 21125 Radisson Road Director Nielsen explained Allen arid,Jennifer Larson own the property located at 21125 Radisson Road. They propose to expand their existing garage to the west and include a second level space above. The area of the addition combined with the existing garage exceeds 1200 square feet. Therefore, the change requires a conditional use permit (C.U.P.) pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. The property is zoned R+IA/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 of5,053 square feet. He noted the applicants' plans are consistent with the four criteria prescribed in Section 1201.03 Subd. 2.d.(4) of the Zoning Code for granting a C.U.P. for accessory space over 1200 square feet. Nielsen then noted that based upon the analysis of the case the Planning Commission and staff recommend granting the C.U.P. He also noted the Commission held a public hearing on this request. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 17-008, "A Resolution Granting Conditional Use Permit for Additional Accessory Space to Al and Jennifer Larson, 21125 Radisson Road."Motion passed 4/0. C. Proposed Rezoning, R-IA to R-1C Club Lane Area CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 10 of 15 Director Nielsen explained this item started out as a request from Bryan Pike to rezone the properties located at 24845 Smithtown Road and 5810 Club Lane from R-IA, Single-Family Residential to R-1C, Single-Family Residential. Mr. Pike owns the Smithtown Road property and his parents own the Club Lane property. The R-IA Zoning District requires 40,000 square foot lots and the R-1C Zoning District allows lots as small as 20,000 square feet in size. The land to the north of Smithtown Road is all zoned R- 1C. The land that wraps around this pocket of properties is zoned planned unit development (PUD) and they use R-1C standards. Staff and the Planning Commission did not think it would be appropriate to spot zone those two properties; the City tends to shy away from doing that. After holding a public hearing on that request the Commission and staff recommended that the 12 lots in that pocket of land be rezoned to R-1C. Council is being asked to approve an ordinance to that effect. Mayor Zerby noted Club Lane is a very substandard road. He explained that for the Minnetonka Country Club (MCC) development the City was able to get the developer to fund improvements for the road where it was just grass. For this request the City could potentially be doubling tie number of properties that would have their properties to connect to it. Director Nielsen explained that the two Pike properties could be subdivided. They abut Club Lane. The Pikes are not proposing to subdivide their properties; they want to sell them as is. The applicant was advised that if someone makes a request to subdivide the land the only place for the City to get the additional right-of-way (ROW) from to improve Club Lane,would be from the requested subdivisions. There is no room to get ROW on the east side of Club Lane. There�"would also be a need to take land for a turnaround because there is not one on Club Lane. Drivers use private driveways to turn around. He then explained that 7 of the 12 lots would become conforming under R IC zoning requirements; those 7 do not conform with the R-IA zoning requirements. The setback requirements are less for the R-1C district. Mayor Zerby stated the easements'ray be manageable. He asked who would pay for the improvements to Club Lane. Director Nielsen stated would come out of the subdivision. Nielsen then stated when the time comes the City could potentially consider some type of cost share because it would be an improvement to that neighborhood. Siakel moved; Sundberg seconded;Approving ORDINANCE NO. 537, "An Ordinance Amending Section 1201.09 Subd.'2 of the Shorewood Zoning Code — The Shorewood Zoning Map." Motion passed 4A 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. The Waters Senior Living Project Financing Location: 22920 Highway 7 and 723 Water Street Administrator Lerud explained Council has discussed The Waters Senior Living's (The Waters) senior housing project, The Waters of Excelsior, financing over the last few months. The City of Excelsior proposed a developer-financed pay-as-you-go Tax Increment Financing (TIF)Note structure for financing the project. Council had directed staff to investigate if there were more efficient financing structures. The City hired David Drown with David Drown Associates to do that investigation. Mr. Drown presented his suggestion to Council during its work session just before this meeting. His suggestion was to consider having Shorewood financing the project with a lender financed TIF Revenue Bond. The Bond structure would result in significant savings over the term of the TIF District when compared to the pay-as-you-go CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 11 of 15 TIF Note structure. The Bond structure would shorten the term of the TIF District by an estimated four years and that would result in the property coming back on the tax rolls about four years earlier benefitting both Excelsior and Shorewood. Council was being asked to consider a few items this evening as the project moves forward. One is the overall savings to both Cities by going with a TIF Revenue Bond structure. It would require the two Cities to enter into a Joint Powers Agreement (JPA) to allow tax payments to flow through Excelsior to Shorewood so the debt payments could be made to the lender. The developer's agreement between Excelsior and the developer would have to be amended to have Excelsior delegate certain default remedies to Shorewood. He noted that regardless of how the TIF District is financed it is important to remember that The Waters Senior Living's project is a good long-term project for both Cities. He clarified that the TIF District would be Excelsior's TIF District. Shorewood is exploring an option to finance the developer with terms similar to those the developer has agreed to with Excelsior on a preliminary basin. Lerud offered to entertain questions from Council. Councilmember Siakel stated she thought the proposed proicct would be a good project. She noted that 20 percent of the units in the facility would be affordable for at least 10 years. They would be offered at a lower rate and subsidized. She stated she would be ready to make a motion if other Councilmembers have no comments. Mayor Zerby stated he thought Excelsior representatives,should be happy that Shorewood has identified a way to save Excelsior and Shorewood money and to get the redeveloped property back on the tax rolls faster. Jay Jensen, representing The'Waters Senior Living, stated he thought The Waters and both Cities would all want to move forward with the most efficient financing to have the shortest term for the TIF District. He asked Council to authorize staff to work with representatives from The Waters and Excelsior to come up with the most creative financing possible. He committed that The Waters representatives would try to do that. George Greenfield, 24715 Ycllowstone Trail, stated before approving the TIF for The Waters he asked Council to ,publicly declare the principle which justifies the situation it would bring about which hasn't been publi CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 12 of 15 20 years. The TIF District's contribution does not increase during that time in a corresponding way. Those increases are borne by the citizens of Shorewood. He asked Council how it justifies on the one hand laying a heavy burden on the citizens of Shorewood while on the other hand underwriting a private project that would be parasitic on the City for up to 20 years. He stated that more over The Waters seems to be reading from the same consultant's script that Oppidan Investment Company read from. The two recurring themes are blight and the idea that the project cannot be done without TIF. From his vantage point the apartments in question were never blighted. One man's blight is another man's rare opportunity to have a roof over his head which those apartments provided. If the apartments are blighted then why did Excelsior allow them to become that way failing in its civic duty to oversee that property. When the apartments were built they were some of the nicest apartments in the area. He questioned if Shorewood should reward Excelsior for its failure in civic oversight and become a witting or unwitting partner in its plan to raise any modest dwelling possible and replace it with a ridiculously expensive one. He explained the original purpose of TIF, which the State of California has outlawed because it was being abused too much, was to encourage development in areas where it would not otherwise occur. All people hear is that locally nothing reasonable can be built becatise the land value is too great. High land values imply high demand. Great demand implies a good opportunity to make money. Therefore,the claim that the project cannot be done without TIF is highly doubtful. He stated he thought the proposal is lacking„ in the most basic, feature of equity. It burdens to the advantage of a few and takes from the many. Mr. Greenfield invited members of Council who,wish to,do so to rebut or point out the error in anything he just said. He thanked Council for its time. Siakel moved, Sundberg seconded, guiding staff to present the Tax Increment Financing Revenue Bond financing option to the City of Excelsior for discussion while extending latitude to the Shorewood City Administrator an&City Attorney to negotiate the best financing option on behalf of Shorewood. Mayor Zerby stated he Nought the motion gives Excelsior some latitude when considering Shorewood's recommendation and it help's.Shorewood when considering the financing. Motion passed 4/0. Discussion moved to Item 10.0 on the agenda. The following was discussed after Item 10.0 on the agenda to consider the resolution requesting the detachment and annexation of land which was not acted upon. Administrator Lerud clarified that during its January 9, 2017, meeting Council only approved the Attachment/Detachment Agreement between the City of Excelsior and the City of Shorewood as presented. Attorney Keane noted the State of Minnesota ultimately approves the boundary adjustment. Director Nielsen confirmed that. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 17-009, "A Resolution Requesting Concurrent Detachment from Shorewood and Annexation into Excelsior of Certain Lands CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 13 of 15 Pursuant to Minnesota Statutes Section 414.061" and directing staff to file the Resolution with the State of Minnesota once the Tax Increment Financing is agreed upon by the City of Excelsior and the City of Shorewood. Motion passed 4/0. Discussion returned to Item 10.D. B. Regulations for Residency of Convicted Sex Offenders This item was discussed after Item 1B. C. Simple Recycling Service Agreement Administrator Lerud explained Great Lakes Recycling, dba Simple Recycling, contacted the City to find out if the City would be interested in providing free curbside pickup of soft recyclables (e.g.; textiles). The meeting packet contains a copy of the information Simple Recycling provided, There are a number of other cities in Hennepin County that use those services. Great Lakes Recycli CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 14 of 15 Councilmember Siakel stated residents have so many bins/containers for trash, yard waste and recycling. Hennepin County wants to increase organics recycling also. Someone needs to find a way to help residents manage that. Zerby moved, Siakel seconded, adopting the Agreement for Collection of Soft Recyclables between the City of Shorewood and Great Lake Recycling, Inc. dba as Simple Recycling" subject to staff telling residents that there are charitable organizations that also provide curbside pickup services for soft recyclables. Motion passed 4/0. Councilmember Johnson stated the City has a number of haulers who pick up residential refuse. On a cul- de-sac there could be six or seven different haulers coming through on trash day. He suggested talking about that at the retreat. Having so many haulers creates wear and tear on infrastructure. Councilmember Sundberg stated she attended a break-out session during the League of Minnesota Cities' annual meeting. She learned how committed residents are to their refuse hauler. It was noted Council did not take action on the resolution for Item 10.A. Discussion returned to the end of the discussion of Item 10,A to consider>,the resolution. D. Deer Management Program 2016 Summary Report Director Nielsen explained the meeting packet contained a copy of a map showing how many deer were harvested at various sites during the 2016 Deer Management Progra m. Seventeen deer in total were harvested. The City continues to get requests from residents to harvest their properties. Those sites are evaluated each year to determine how suitable they would be.,HC noted the hunt coordinators indicated weather played a factor in this year's Program it as.warm and there was a lack of snow. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1.' - Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the December 2016 Preliminary Monthly Budget Deport. Director DeJong:iplained that after discussion he had with Administrator Lerud regarding the purchase payments to the previous co-owners of the Southshore Center they decided the payments would be posted to 2016 because that is,when the court order was issued. The Preliminary 2016 December Budget Report shows a surplus of about$308,000. Once the purchase payments totaling $311,000 are posted to 2016 expenses the final Budget will likely be close to breakeven. 2. Council Retreat—February 24, 2017 Administrator Lerud stated he has a preliminary list of items for discussion during the February 24, 2017, Council and staff retreat that he will send out to Council and staff by the end of January. The retreat will start at noon and end by 5:00 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 23,2017 Page 15 of 15 Other Mayor Zerby stated he watched the snow plowing video. He found it to be very educational. Director Brown thanked the Lake Minnetonka Communications Commission for putting the video together. The video targeted driver behavior as well as pedestrian safety. He noted there is a link to the video on the City's website. Engineer Hornby explained the contractor has resumed construction on the south end of the Minnetonka Country Club (MCC) project site. Storm sewer is being installed that will go from the south side of the site to Trunk Highway 7. The contractor has modified its construction technique which is what has allowed them to start construction now. Most of the work being done is,trenehless. The contractor is actually jacking a pipe. The developer acquired easements from one property owner. That section is being open cut. The rest along Pleasant Avenue across Yellowstone will,bed plut in by trenchless methods. People will find some potholes along the route because utilities have to be located. The burial of utilities along Smithtown Road continues. The developer paid Xcel Energy and other utilities to that work. The survey work for the feasibility report for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project has been completed. The borings were completed the previous week. Hornby noted the Minnetrista City Council ordered the preparations of plans and specifications for improvements to Enchanted Lane (in Minnetrista) and Tuxedo'Road. He has WSB and Associates personnel preparing a professional services agreement for roadway improvement work on Enchanted and Shady Islands. Director DeJong stated he is working on year-end financial activities. Mayor Zerby stated he saw that the City's website was updated with regard to the MCC project but not for the Oppidan project. Director I'4ielsen stated he would look into that. B. Mayor and City Council 12. ADJOURN Sundberg moved, Johnson seconded;Adjourning the City Council Regular Meeting of January 23, 2017, at 8.34 P.M. Motion passed 4/0'. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk ® #3A MEETING TYPE City of Shorewood nib Meeting Item Regular Meeting ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Verified Claims Meeting Date: February 1 3, 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. 63337-63344 &ACH 73,180.72 63345-63398 &ACH 446,613.47 Total Claims $519,794.19 We have also included a payroll summary for the payroll period ending January 22,2017& February 5, 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 reject any expenditure it deems not in the best interest of the city. Recommendation/Action Requested: Staff recommends approval of the claims list as presented. Next Steps and Timelines: Checks will be distributed following approval. Payroll G/L Distribution Report User: Mnguyen C!Batch: 00002.01.2017-PR-01232017 City Of CITY OF SHOREWOOD Shorewood Account Number Debit Amount Credit Amount Description FUND 101 General Fund 101-00-1010-0000 0.00 60,294.23 CASH AND INVESTMENTS 101-11-4103-0000 1,716.64 0.00 PART-TIME 101-11-4122-0000 131.31 0.00 FICA CONTRIB-CITY SHARE 101-13-4101-0000 10,591.46 0.00 FULL-TIME REGULAR 101-13-4103-0000 353.63 0.00 PART-TIME 101-13-4121-0000 794.36 0.00 PERA CONTRIB-CITY SHARE 101-13-4122-0000 832.04 0.00 FICA CONTRIB-CITY SHARE 101-13-4131-0000 1,574.86 0.00 EMPLOYEE INSURANCE-CITY 101-13-4151-0000 88.73 0.00 WORKERS COMPENSATION 101-15-4101-0000 4,573.64 0.00 FULL-TIME REGULAR 101-15-4121-0000 343.04 0.00 PERA CONTRIB-CITY SHARE 101-15-4122-0000 321.78 0.00 FICA CONTRIB-CITY SHARE 101-15-4131-0000 504.86 0.00 EMPLOYEE INSURANCE-CITY 101-15-4151-0000 25.43 0.00 WORKERS COMPENSATION 101-18-4101-0000 5,496.58 0.00 FULL-TIME REGULAR 101-18-4121-0000 412.25 0.00 PERA CONTRIB-CITY SHARE 101-18-4122-0000 406.10 0.00 FICA CONTRIB-CITY SHARE 101-18-4131-0000 884.55 0.00 EMPLOYEE INSURANCE-CITY 101-18-4151-0000 33.30 0.00 WORKERS COMPENSATION 101-24-4101-0000 4,243.23 0.00 FULL-TIME REGULAR 101-24-4121-0000 318.25 0.00 PERA CONTRIB-CITY SHARE 101-24-4122-0000 266.61 0.00 FICA CONTRIB-CITY SHARE 101-24-4131-0000 500.00 0.00 EMPLOYEE INSURANCE-CITY 101-24-4151-0000 24.08 0.00 WORKERS COMPENSATION 101-32-4101-0000 5,280.00 0.00 FULL-TIME REGULAR 101-32-4102-0000 925.70 0.00 OVERTIME 101-32-4105-0000 594.90 0.00 STREET PAGER PAY 101-32-4121-0000 510.04 0.00 PERA CONTRIB-CITY SHARE 101-32-4122-0000 532.85 0.00 FICA CONTRIB-CITY SHARE 101-32-4131-0000 1,822.93 0.00 EMPLOYEE INSURANCE-CITY 101-32-4151-0000 362.75 0.00 WORKERS COMPENSATION 101-33-4101-0000 4,682.38 0.00 FULL-TIME REGULAR 101-33-4102-0000 725.27 0.00 OVERTIME 101-33-4121-0000 405.59 0.00 PERA CONTRIB-CITY SHARE PR-G/L Distribution Report(01/23/2017- 12:35 PM) Page 1 Account Number Debit Amount Credit Amount Description 101-33-4122-0000 324.80 0.00 FICA CONTRIB-CITY SHARE 101-33-4151-0000 229.41 0.00 WORKERS COMPENSATION 101-52-4101-0000 4,145.84 0.00 FULL-TIME REGULAR 101-52-4121-0000 310.94 0.00 PERA CONTRIB-CITY SHARE 101-52-4122-0000 308.31 0.00 FICA CONTRIB-CITY SHARE 101-52-4131-0000 929.40 0.00 EMPLOYEE INSURANCE-CITY 101-52-4151-0000 204.16 0.00 WORKERS COMPENSATION 101-53-4101-0000 1,965.96 0.00 FULL-TIME REGULAR 101-53-4102-0000 109.20 0.00 OVERTIME 101-53-4103-0000 1,052.65 0.00 PART-TIME 101-53-4121-0000 147.44 0.00 PERA CONTRIB-CITY SHARE 101-53-4122-0000 218.15 0.00 FICA CONTRIB-CITY SHARE 101-53-4131-0000 21.68 0.00 EMPLOYEE INSURANCE-CITY 101-53-4151-0000 47.15 0.00 WORKERS COMPENSATION FUND Total: 60,294.23 60,294.23 FUND 201 Southshore Center 201-00-1010-0000 0.00 1,015.03 CASH AND INVESTMENTS 201-00-4101-0000 414.96 0.00 FULL-TIME REGULAR 201-00-4102-0000 87.36 0.00 OVERTIME 201-00-4103-0000 400.00 0.00 PART-TIME 201-00-4121-0000 31.13 0.00 PERA CONTRIB-CITY SHARE 201-00-4122-0000 61.07 0.00 FICA CONTRIB-CITY SHARE 201-00-4151-0000 20.51 0.00 WORKERS COMPENSATION FUND Total: 1,015.03 1,015.03 FUND 601 Water Utility 601-00-1010-0000 0.00 6,213.83 CASH AND INVESTMENTS 601-00-4101-0000 4,502.94 0.00 FULL-TIME REGULAR 601-00-4102-0000 90.87 0.00 OVERTIME 601-00-4105-0000 181.74 0.00 WATER PAGER PAY 601-00-4121-0000 358.13 0.00 PERA CONTRIB-CITY SHARE 601-00-4122-0000 335.17 0.00 FICA CONTRIB-CITY SHARE 601-00-4131-0000 622.12 0.00 EMPLOYEE INSURANCE-CITY 601-00-4151-0000 122.86 0.00 WORKERS COMPENSATION FUND Total: 6,213.83 6,213.83 FUND 611 Sanitary Sewer Utility 611-00-1010-0000 0.00 4,961.94 CASH AND INVESTMENTS 611-00-4101-0000 3,522.71 0.00 FULL-TIME REGULAR 611-00-4105-0000 181.74 0.00 SEWER PAGER PAY 611-00-4121-0000 277.85 0.00 PERA CONTRIB-CITY SHARE PR-G/L Distribution Report(01/23/2017- 12:35 PM) Page 2 Account Number Debit Amount Credit Amount Description 611-00-4122-0000 262.91 0.00 FICA CONTRIB-CITY SHARE 611-00-4131-0000 622.12 0.00 EMPLOYEE INSURANCE-CITY 611-00-4151-0000 94.61 0.00 WORKERS COMPENSATION FUND Total: 4,961.94 4,961.94 FUND 621 Recycling Utility 621-00-1010-0000 0.00 396.86 CASH AND INVESTMENTS 621-00-4101-0000 282.87 0.00 FULL-TIME REGULAR 621-00-4121-0000 21.20 0.00 PERA CONTRIB-CITY SHARE 621-00-4122-0000 21.19 0.00 FICA CONTRIB-CITY SHARE 621-00-4131-0000 70.00 0.00 EMPLOYEE INSURANCE-CITY 621-00-4151-0000 1.60 0.00 WORKERS COMPENSATION FUND Total: 396.86 396.86 FUND 631 Storm Water Utility 631-00-1010-0000 0.00 1,177.55 CASH AND INVESTMENTS 631-00-4101-0000 931.07 0.00 FULL-TIME REGULAR 631-00-4121-0000 69.82 0.00 PERA CONTRIB-CITY SHARE 631-00-4122-0000 64.60 0.00 FICA CONTRIB-CITY SHARE 631-00-4131-0000 97.13 0.00 EMPLOYEE INSURANCE-CITY 631-00-4151-0000 14.93 0.00 WORKERS COMPENSATION FUND Total: 1,177.55 1,177.55 FUND 700 Payroll Clearing Fund 700-00-1010-0000 73,893.71 0.00 CASH AND INVESTMENTS 700-00-2170-0000 0.00 36,204.45 GROSS PAYROLL CLEARING 700-00-2171-0000 0.00 7,971.54 HEALTH INSURANCE PAYABLE 700-00-2172-0000 0.00 5,026.89 FEDERAL WITHHOLDING PAYABLE 700-00-2173-0000 0.00 2,139.01 STATE WITHHOLDING PAYABLE 700-00-2174-0000 0.00 8,173.78 FICA/MEDICARE TAX PAYABLE 700-00-2175-0000 0.00 7,466.74 PERA WITHHOLDING PAYABLE 700-00-2176-0000 0.00 2,530.00 DEFERRED COMPENSATION 700-00-2177-0000 0.00 1,269.52 WORKERS COMPENSATION 700-00-2181-0000 0.00 1,103.42 DISABILITY INSURANCE 700-00-2183-0000 0.00 1,107.61 HEALTH SAVINGS ACCOUNT 700-00-2184-0000 0.00 543.75 DENTAL DELTA 700-00-2185-0000 0.00 357.00 DENTAL-UNION FUND Total: 73,893.71 73,893.71 PR-G/L Distribution Report(01/23/2017- 12:35 PM) Page 3 Account Number Debit Amount Credit Amount Description Report Total: 147,953.15 147,953.15 PR-G/L Distribution Report(01/23/2017- 12:35 PM) Page 4 Payroll G/L Distribution Report User: Mnguyen C!Batch: 00001.02.2017-PR-02062017 City Of CITY OF SHOREWOOD Shorewood Account Number Debit Amount Credit Amount Description FUND 101 General Fund 101-00-1010-0000 0.00 52,648.37 CASH AND INVESTMENTS 101-13-4101-0000 9,912.50 0.00 FULL-TIME REGULAR 101-13-4103-0000 356.72 0.00 PART-TIME 101-13-4121-0000 743.44 0.00 PERA CONTRIB-CITY SHARE 101-13-4122-0000 817.19 0.00 FICA CONTRIB-CITY SHARE 101-13-4131-0000 1,604.59 0.00 EMPLOYEE INSURANCE-CITY 101-13-4151-0000 89.01 0.00 WORKERS COMPENSATION 101-15-4101-0000 4,505.22 0.00 FULL-TIME REGULAR 101-15-4121-0000 337.90 0.00 PERA CONTRIB-CITY SHARE 101-15-4122-0000 326.19 0.00 FICA CONTRIB-CITY SHARE 101-15-4131-0000 526.27 0.00 EMPLOYEE INSURANCE-CITY 101-15-4151-0000 27.68 0.00 WORKERS COMPENSATION 101-18-4101-0000 5,352.35 0.00 FULL-TIME REGULAR 101-18-4121-0000 401.42 0.00 PERA CONTRIB-CITY SHARE 101-18-4122-0000 411.16 0.00 FICA CONTRIB-CITY SHARE 101-18-4131-0000 888.31 0.00 EMPLOYEE INSURANCE-CITY 101-18-4151-0000 37.33 0.00 WORKERS COMPENSATION 101-24-4101-0000 4,241.59 0.00 FULL-TIME REGULAR 101-24-4121-0000 318.13 0.00 PERA CONTRIB-CITY SHARE 101-24-4122-0000 275.40 0.00 FICA CONTRIB-CITY SHARE 101-24-4131-0000 530.00 0.00 EMPLOYEE INSURANCE-CITY 101-24-4151-0000 23.25 0.00 WORKERS COMPENSATION 101-32-4101-0000 6,803.43 0.00 FULL-TIME REGULAR 101-32-4102-0000 112.16 0.00 OVERTIME 101-32-4105-0000 594.90 0.00 STREET PAGER PAY 101-32-4121-0000 563.30 0.00 PERA CONTRIB-CITY SHARE 101-32-4122-0000 587.25 0.00 FICA CONTRIB-CITY SHARE 101-32-4131-0000 1,939.44 0.00 EMPLOYEE INSURANCE-CITY 101-32-4151-0000 442.02 0.00 WORKERS COMPENSATION 101-33-4101-0000 1,528.18 0.00 FULL-TIME REGULAR 101-33-4102-0000 131.40 0.00 OVERTIME 101-33-4121-0000 124.48 0.00 PERA CONTRIB-CITY SHARE 101-33-4122-0000 100.74 0.00 FICA CONTRIB-CITY SHARE 101-33-4151-0000 71.48 0.00 WORKERS COMPENSATION PR-G/L Distribution Report(02106/2017- 12:38 PM) Page 1 Account Number Debit Amount Credit Amount Description 101-52-4101-0000 3,782.07 0.00 FULL-TIME REGULAR 101-52-4121-0000 283.65 0.00 PERA CONTRIB-CITY SHARE 101-52-4122-0000 292.18 0.00 FICA CONTRIB-CITY SHARE 101-52-4131-0000 960.39 0.00 EMPLOYEE INSURANCE-CITY 101-52-4151-0000 173.91 0.00 WORKERS COMPENSATION 101-53-4101-0000 1,114.89 0.00 FULL-TIME REGULAR 101-53-4102-0000 65.52 0.00 OVERTIME 101-53-4103-0000 956.38 0.00 PART-TIME 101-53-4121-0000 83.61 0.00 PERA CONTRIB-CITY SHARE 101-53-4122-0000 158.70 0.00 FICA CONTRIB-CITY SHARE 101-53-4131-0000 21.92 0.00 EMPLOYEE INSURANCE-CITY 101-53-4151-0000 30.72 0.00 WORKERS COMPENSATION FUND Total: 52,648.37 52,648.37 FUND 201 Southshore Center 201-00-1010-0000 0.00 1,272.33 CASH AND INVESTMENTS 201-00-4101-0000 763.71 0.00 FULL-TIME REGULAR 201-00-4103-0000 345.00 0.00 PART-TIME 201-00-4121-0000 57.27 0.00 PERA CONTRIB-CITY SHARE 201-00-4122-0000 84.02 0.00 FICA CONTRIB-CITY SHARE 201-00-4151-0000 22.33 0.00 WORKERS COMPENSATION FUND Total: 1,272.33 1,272.33 FUND 601 Water Utility 601-00-1010-0000 0.00 8,262.74 CASH AND INVESTMENTS 601-00-4101-0000 6,395.21 0.00 FULL-TIME REGULAR 601-00-4102-0000 90.06 0.00 OVERTIME 601-00-4121-0000 486.39 0.00 PERA CONTRIB-CITY SHARE 601-00-4122-0000 447.79 0.00 FICA CONTRIB-CITY SHARE 601-00-4131-0000 658.18 0.00 EMPLOYEE INSURANCE-CITY 601-00-4151-0000 185.11 0.00 WORKERS COMPENSATION FUND Total: 8,262.74 8,262.74 FUND 611 Sanitary Sewer Utility 611-00-1010-0000 0.00 6,011.65 CASH AND INVESTMENTS 611-00-4101-0000 4,582.96 0.00 FULL-TIME REGULAR 611-00-4121-0000 343.72 0.00 PERA CONTRIB-CITY SHARE 611-00-4122-0000 326.96 0.00 FICA CONTRIB-CITY SHARE 611-00-4131-0000 658.18 0.00 EMPLOYEE INSURANCE-CITY 611-00-4151-0000 99.83 0.00 WORKERS COMPENSATION PR-G/L Distribution Report(02106/2017- 12:38 PM) Page 2 Account Number Debit Amount Credit Amount Description FUND Total: 6,011.65 6,011.65 FUND 621 Recycling Utility 621-00-1010-0000 0.00 418.53 CASH AND INVESTMENTS 621-00-4101-0000 298.22 0.00 FULL-TIME REGULAR 621-00-4121-0000 22.38 0.00 PERA CONTRIB-CITY SHARE 621-00-4122-0000 22.02 0.00 FICA CONTRIB-CITY SHARE 621-00-4131-0000 74.20 0.00 EMPLOYEE INSURANCE-CITY 621-00-4151-0000 1.71 0.00 WORKERS COMPENSATION FUND Total: 418.53 418.53 FUND 631 Storm Water Utility 631-00-1010-0000 0.00 1,033.35 CASH AND INVESTMENTS 631-00-4101-0000 804.30 0.00 FULL-TIME REGULAR 631-00-4121-0000 60.31 0.00 PERA CONTRIB-CITY SHARE 631-00-4122-0000 58.16 0.00 FICA CONTRIB-CITY SHARE 631-00-4131-0000 101.69 0.00 EMPLOYEE INSURANCE-CITY 631-00-4151-0000 8.89 0.00 WORKERS COMPENSATION FUND Total: 1,033.35 1,033.35 FUND 700 Payroll Clearing Fund 700-00-1010-0000 69,646.97 0.00 CASH AND INVESTMENTS 700-00-2170-0000 0.00 33,943.30 GROSS PAYROLL CLEARING 700-00-2171-0000 0.00 7,971.54 HEALTH INSURANCE PAYABLE 700-00-2172-0000 0.00 5,035.02 FEDERAL WITHHOLDING PAYABLE 700-00-2173-0000 0.00 2,119.04 STATE WITHHOLDING PAYABLE 700-00-2174-0000 0.00 7,815.52 FICA/MEDICARE TAX PAYABLE 700-00-2175-0000 0.00 7,141.85 PERA WITHHOLDING PAYABLE 700-00-2176-0000 0.00 2,530.00 DEFERRED COMPENSATION 700-00-2177-0000 0.00 1,213.27 WORKERS COMPENSATION 700-00-2180-0000 0.00 489.62 LIFE INSURANCE 700-00-2182-0000 0.00 280.20 UNION DUES 700-00-2183-0000 0.00 1,107.61 HEALTH SAVINGS ACCOUNT FUND Total: 69,646.97 69,646.97 Report Total: 139,293.94 139,293.94 PR-G/L Distribution Report(02106/2017- 12:38 PM) Page 3 Accounts Payable b � Check Detail User: Mnguyen Printed: 01/23/2017- 2:23PM w city of Shorewood Check Number Check Date Amount 4-AFSCMF CO 5 MEMBER HEALTH FUND Line Item Account 0 01/23/2017 Inv January-2017 Line Item Date Line Item Description Line Item Account 01/23/2017 PR Batch 00002.01.2017 Dental-Union 700-00-2185-0000 357.00 Inv January-2017 Total 357.00 0 Total: 357.00 4-AFSCME CO 5 MEMBER HEALTH FUND Total: 357.00 U13*00096-Cotter,Jeffrey&Margaret Line Item Account 63337 01/23/2017 Inv Line Item Date Line Item Description Line Item Account 01/20/2017 Refund Check 601-00-2010-0000 52.08 01/20/2017 Refund Check 611-00-2010-0000 60.77 01/20/2017 Refund Check 621-00-2010-0000 26.04 01/20/2017 Refund Check 631-00-2010-0000 26.04 Inv Total 164.93 63337 Total: 164.93 U13*00096-Cotter,Jeffrey&Margaret Total: 164.93 3-DELTA DENTAL OF MINNESOTA Line Item Account 0 01/23/2017 Inv January-2017 Line Item Date Line Item Description Line Item Account 01/23/2017 PR Batch 00002.01.2017 Dental-Non Union 700-00-2184-0000 543.75 Inv January-2017 Total 543.75 0 Total: 543.75 3-DELTA DENTAL OF MINNESOTA Total: 543.75 AP-Check Detail(1/23/2017- 2:23 PM) Page 1 Check Number Check Date Amount 5-FFTPS-FEDERAL W/H Line Item Account 0 01/23/2017 Inv PR-01232017 Line Item Date Line Item Description Line Item Account 01/23/2017 PR Batch 00002.01.2017 Federal Income Tax 700-00-2172-0000 5,026.89 01/23/2017 PR Batch 00002.01.2017 FICA Employee Portion 700-00-2174-0000 3,312.26 01/23/2017 PR Batch 00002.01.2017 FICA Employer Portion 700-00-2174-0000 3,312.26 01/23/2017 PR Batch 00002.01.2017 Medicare Employee Portion 700-00-2174-0000 774.63 01/23/2017 PR Batch 00002.01.2017 Medicare Employer Portion 700-00-2174-0000 774.63 Inv PR-01232017 Total 13,200.67 0 Total: 13,200.67 5-FFTPS-FEDERAL W/H Total: 13,200.67 6-HEALTH PARTNERS-GROUP Line Item Account 63338 01/23/2017 Inv January-2017 Line Item Date Line Item Description Line Item Account 01/10/2017 PR Batch 00001.01.2017 Health Ins-CoPay 700-00-2171-0000 2,201.64 01/10/2017 PR Batch 00001.01.2017 Health Insurance-HSA 700-00-2171-0000 5,769.90 01/23/2017 PR Batch 00002.01.2017 Health Ins-CoPay 700-00-2171-0000 2,201.64 01/23/2017 PR Batch 00002.01.2017 Health Insurance-HSA 700-00-2171-0000 5,769.90 Inv January-2017 Total 15,943.08 63338 Total: 15,943.08 6-HEALTH PARTNERS-GROUP Total: 15,943.08 640-ICE OCCASIONS Line Item Account 63339 01/23/2017 Inv 2017-ArcticFev Line Item Date Line Item Description Line Item Account 01/14/2017 2017-Arctic Fever-Ice Sculpture Demonstration 101-53-4441-0000 450.00 Inv 2017-ArcticFev Total 450.00 63339 Total: 450.00 640-ICE OCCASIONS Total: 450.00 2-ICMA RETIREMENT TRUST-302131-457 Line Item Account 63340 01/23/2017 Inv PR-01232017 Line Item Date Line Item Description Line Item Account 01/23/2017 PR Batch 00002.01.2017 Deferred Comp Flat Amount 700-00-2176-0000 2,530.00 AP-Check Detail(1/23/2017- 2:23 PM) Page 2 Check Number Check Date Amount Inv PR-01232017 Total 2,530.00 63340 Total: 2,530.00 2-ICMA RETIREMENT TRUST-302131-457 Total: 2,530.00 U13*00098-Jensen,David&Nancy Line Item Account 63341 01/23/2017 Inv Line Item Date Line Item Description Line Item Account 01/20/2017 Refund Check 611-00-2010-0000 115.58 01/20/2017 Refund Check 621-00-2010-0000 49.53 01/20/2017 Refund Check 631-00-2010-0000 49.53 Inv Total 214.64 63341 Total: 214.64 U13*00098-Jensen,David&Nancy Total: 214.64 686-KANSAS CITY LIFE INSURANCE COMPANY Line Item Account 0 01/23/2017 Inv 20323-Jan-2017 Line Item Date Line Item Description Line Item Account 01/23/2017 PR Batch 00002.01.2017 Long Term Disability 700-00-2181-0000 511.18 01/23/2017 PR Batch 00002.01.2017 Short Term Disability 700-00-2181-0000 592.24 Inv 20323-Jan-2017 Total 1,103.42 0 Total: 1,103.42 686-KANSAS CITY LIFE INSURANCE COMPANY Total: 1,103.42 11-MINNESOTA DEPARTMENT OF REVENUE Line Item Account 0 01/23/2017 Inv PR-01232017 Line Item Date Line Item Description Line Item Account 01/23/2017 PR Batch 00002.01.2017 State Income Tax 700-00-2173-0000 2,139.01 Inv PR-01232017 Total 2,139.01 0 Total: 2,139.01 11-MINNESOTA DEPARTMENT OF REVENUE Total: 2,139.01 AP-Check Detail(1/23/2017- 2:23 PM) Page 3 Check Number Check Date Amount 665-OPTUM BANK Line Item Account 0 01/23/2017 Inv PR-01232017 Line Item Date Line Item Description Line Item Account 01/23/2017 PR Batch 00002.01.2017 HSA-OPTUM BANK 700-00-2183-0000 1,107.61 Inv PR-01232017 Total 1,107.61 0 Total: 1,107.61 665-OPTUM BANK Total: 1,107.61 9-PERA Line Item Account 0 01/23/2017 Inv PR-01232017 Line Item Date Line Item Description Line Item Account 01/23/2017 PR Batch 00002.01.2017 MN-PERA Deduction 700-00-2175-0000 3,466.70 01/23/2017 PR Batch 00002.01.2017 MN PERA Benefit Employer 700-00-2175-0000 4,000.04 Inv PR-01232017 Total 7,466.74 0 Total: 7,466.74 9-PERA Total: 7,466.74 UB*00097-Wenell,David&Elena Line Item Account 63342 01/23/2017 Inv Line Item Date Line Item Description Line Item Account 01/20/2017 Refund Check 611-00-2010-0000 64.64 01/20/2017 Refund Check 621-00-2010-0000 27.70 01/20/2017 Refund Check 631-00-2010-0000 27.71 Inv Total 120.05 63342 Total: 120.05 UB*00097-Wenell,David&Elena Total: 120.05 Total: 45,340.90 AP-Check Detail(1/23/2017- 2:23 PM) Page 4 Accounts Payable b � Check Detail User: Mnguyen Printed: 02/06/2017- 2:07PM w city of Shorewood Check Number Check Date Amount 12-AFSCMF MN COUNCIL 5-UNION DUES Line Item Account 0 02/06/2017 Inv February-2017 Line Item Date Line Item Description Line Item Account 02/06/2017 PR Batch 00001.02.2017 Union Dues 700-00-2182-0000 280.20 Inv February-2017 Total 280.20 0 Total: 280.20 12-AFSCME MN COUNCIL 5-UNION DUES Total: 280.20 5-EFTPS-FEDERAL W/H Line Item Account 0 02/06/2017 Inv PR-02062017 Line Item Date Line Item Description Line Item Account 02/06/2017 PR Batch 00001.02.2017 Federal Income Tax 700-00-2172-0000 5,035.02 02/06/2017 PR Batch 00001.02.2017 FICA Employee Portion 700-00-2174-0000 3,167.08 02/06/2017 PR Batch 00001.02.2017 FICA Employer Portion 700-00-2174-0000 3,167.08 02/06/2017 PR Batch 00001.02.2017 Medicare Employee Portion 700-00-2174-0000 740.68 02/06/2017 PR Batch 00001.02.2017 Medicare Employer Portion 700-00-2174-0000 740.68 Inv PR-02062017 Total 12,850.54 0 Total: 12,850.54 5-EFTPS-FEDERAL W/H Total: 12,850.54 2-ICMA RETIREMENT TRUST-302131-457 Line Item Account 63343 02/06/2017 Inv PR-02062017 Line Item Date Line Item Description Line Item Account 02/06/2017 PR Batch 00001.02.2017 Deferred Comp Flat Amount 700-00-2176-0000 2,530.00 Inv PR-02062017 Total 2,530.00 63343 Total: 2,530.00 2-ICMA RETIREMENT TRUST-302131-457 Total: 2,530.00 AP-Check Detail(2/6/2017- 2:07 PM) Page 1 Check Number Check Date Amount 11-MINNESOTA DEPARTMENT OF REVENUE Line Item Account 0 02/06/2017 Inv PR-02062017 Line Item Date Line Item Description Line Item Account 02/06/2017 PR Batch 0000 1.02.2017 State Income Tax 700-00-2173-0000 2,119.04 Inv PR-02062017 Total 2,119.04 0 Total: 2,119.04 11-MINNESOTA DEPARTMENT OF REVENUE Total: 2,119.04 7-MINNESOTA LIFE Line Item Account 0 02/06/2017 Inv February-2017 Line Item Date Line Item Description Line Item Account 02/06/2017 PR Batch 00001.02.2017 Life Insurance 700-00-2180-0000 473.62 Inv February-2017 Total 473.62 0 Total: 473.62 7-MINNESOTA LIFE Total: 473.62 10-NCPERS MINNESOTA Line Item Account 63344 02/06/2017 Inv February-2017 Line Item Date Line Item Description Line Item Account 02/06/2017 PR Batch 00001.02.2017 PBRA Life 700-00-2180-0000 16.00 Inv February-2017 Total 16.00 63344 Total: 16.00 10-NCPERS MINNESOTA Total: 16.00 665-OPIUM BANK Line Item Account 0 02/06/2017 Inv PR-02062017 Line Item Date Line Item Description Line Item Account 02/06/2017 PR Batch 00001.02.2017 HSA-OPTUM BANK 700-00-2183-0000 1,107.61 Inv PR-02062017 Total 1,107.61 0 Total: 1,107.61 AP-Check Detail(2/6/2017- 2:07 PM) Page 2 Check Number Check Date Amount 665-OPIUM BANK Total: 1,107.61 9-PERA Line Item Account 0 02/06/2017 Inv PR-02062017 Line Item Date Line Item Description Line Item Account 02/06/2017 PR Batch 00001.02.2017 MN-PERA Deduction 700-00-2175-0000 3,315.85 02/06/2017 PR Batch 00001.02.2017 MN PERA Benefit Employer 700-00-2175-0000 3,826.00 Inv PR-02062017 Total 7,141.85 0 Total: 7,141.85 9-PERA Total: 7,141.85 336-PURCHASE POWER Line Item Account 0 02/06/2017 Inv 1003039709 Line Item Date Line Item Description Line Item Account 01/14/2017 Red Ink Cart 1B 101-13-4200-0000 299.97 Inv 1003039709 Total 299.97 Inv Refilled-01/11/2017 Line Item Date Line Item Description Line Item Account 01/11/2017 Acct#8000-9000-0743-8223 101-13-4208-0000 1,000.00 01/11/2017 Acct#8000-9000-0743-8223 101-13-4208-0000 20.99 Inv Refilled-01/11/2017 Total 1,020.99 0 Total: 1,320.96 336-PURCHASE POWER Total: 1,320.96 Total: 27,839.82 AP-Check Detail(2/6/2017- 2:07 PM) Page 3 a w h w h h 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Title/Subject: Authorizing Posting of Light Equipment Operator Position Meeting Date: February 13, 2017 Prepared by: Greg Lerud Reviewed by: Larry Brown Attachments: Job Description Background: Late last year, Mr. Dan Randall retired from the position of Lead Utility Operator. That existing position was redefined as a Lead Supervisor position,which was filled internally by Mr. Brett Baumann. Due to retirement of Dan Randall,this still left the department down one person. Therefore, staff is seeking authorization to advertise for the position of one Light Equipment Operator, to bring the department back to a full staffing level. Financial or Budget Considerations: This is an established position that has been budgeted for and will bring the public works department back to full staff. Options: 1. Choose not to fill the position. 2. Approve authorizing advertising to fill the positon of Light Equipment Opertor. Recommendation/Action Requested: We recommend the council approve advertising to fill the open position. Next Steps and Timelines: The position will be open until filled, but the first review will be scheduled for March 6. We anticipate a candidate could be brought forward for council consideration at the April 10 meeting. 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 crry O SHOR WOOD POSITION TITLE: Light Equipment Operator DEPARTMENT: Public Works ACCOUNTABLE TO: Director of Public Works OBJECTIVE AND SCOPE Performs skilled, semi-skilled and manual labor in the maintenance of city streets, parks, storm water collection systems, beach, buildings, and related operations; and provides assistance in water and wastewater system operations and maintenance. ESSENTIAL FUNCTIONS OF THE POSITION A. General Duties 1. Must be able to work cooperatively with others, even during emergencies and challenging situations, maintain a positive work attitude, and not negatively impact the morale of others. 2. Must maintain an attitude of respect and professionalism at all times. 3. Performs snow removal from streets,parking lots, ice rinks, trails, and sidewalks. 4. Performs construction, installation and maintenance of irrigation systems, athletic fields, trails, etc. 5. Trims and removes trees and installs and maintains lawns including seeding and sodding, trees and shrubs, and applies herbicides as needed. 6. Attends safety meetings as required and follows necessary safety precautions. 7. Attends meetings and training as required. 8. Responds for on-call duty and emergency call-outs as required for snow removal and ice control operations, severe weather and other emergency conditions. 9. Must be available for on-call duties on a rotating basis and for work on Saturdays, Sundays and holidays. January 2013 1 10. Provides work direction to seasonal, part-time and other employees as necessary. B. Street Assignment Duties 1. Maintains and repairs streets, parking lots, bridges and right-of-ways, including patching potholes, sealing cracks, grading gravel roads, laying gravel, excavating, sweeping and cleaning debris. 2. Operates various types of public works equipment including dump trucks, snow plow equipment, articulated loaders, street sweepers, lawn mowers, and other power and hand tools. 3. Installs, repairs, and/or replaces street and parks signs. 4. Maintains and repairs streets, curbs, storm sewer, and park grounds and equipment. 5. Maintains municipal buildings, streets, parks, skating rinks, parking lots, and other City owned facilities. 6. Performs routine maintenance on chain saws, pole saws and other equipment including sharpening of blades and chains, mixing of fuels, and changing filters. 7. Performs preventive and routine maintenance on City equipment and maintains records as required. 8. Floods and maintains hockey and ice rinks. C. Park Assignment Duties 1. Maintains City ice rinks including blowing, brooming and flooding. 2. Maintains all Park buildings including cleaning and repair. 3. Maintains skate park, all athletic fields, passive and non-passive green space, and all apparatus including but not limited to fencing, retaining walls, structures and grounds. 4. Performs inspections of park equipment including playground equipment and repairs or replaces as necessary. 5. Assists in blacktopping and sweeping city streets. D. Performs other duties as apparent or assigned. January 2013 2 EDUCATION and/or EXPERIENCE High School Diploma or general education degree (GED); and a minimum of two (2) years related experience; or equivalent combination of education and experience. OTHER KNOWLEDGE, SKILLS AND ABILITIES • Ability to read and interpret documents such as safety rules, operating and maintenance instructions, maps, as-built utility record drawings and procedure manuals. • Ability to prepare routine reports and correspondence. • Ability to maintain records, complete daily logs, forms, and prepare reports. • Ability to follow written and oral instructions. • Ability to communicate effectively with City staff, elected officials, contractors and the general public. • Must be proficient in reading, writing and speaking English. • Ability to make arithmetic computations using whole numbers, fractions and decimals. • Ability to operate light and heavy Department equipment. • Knowledge of proper use of tools, equipment used in streets and parks maintenance and repair. • Knowledge of streets and park maintenance and repair. • Knowledge of park maintenance and repair. • General knowledge of computer operations and software programs. • Considerable knowledge of standard materials, equipment and safe work practices related to public works operations. • Considerable knowledge of traffic laws, ordinances, and regulations involved in equipment operations. • Working knowledge of public works maintenance and/or construction activities. • Basic knowledge of carpentry, plumbing and wiring. • Working knowledge of parks maintenance and/or construction activities. • Knowledge of OSHA rules and regulations. • Knowledge of the "Employee Right to Know—Material Safety Data Information". CERTIFICATES, LICENSES, REGISTRATIONS Valid Minnesota Class A Commercial Drivers License with Tanker Endorsement, or become licensed within 8 months of employment with the City. The following certifications may be required of certain employees: Weed Inspection Certificate Playground Inspector Certification Tree Inspector Certification January 2013 3 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 twenty five (25) pounds is regularly required, fifty (50) pounds is frequently required, and moving over one hundred (100) pounds occasionally 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. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus. While performing the duties of this job, the employee frequently works in outdoor weather conditions. The employee occasionally works near moving mechanical parts; in high, precarious places; and is frequently exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock. The employee is occasionally exposed to wet and/or humid conditions, extreme heat; and vibration. January 2013 4 #3C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Park Commission Appointment Meeting Date: February 13, 2017 Prepared by: Greg Lerud, City Administrator CC: Jean Panchyshyn, City Clerk Attachments: Resolution Background: Earlier this evening, Council interviewed one Park Commission candidate, Mr. Edward Rock, who expressed interest in reappointment on the Park Commission. Mr. Rock has served on the Park Commission for the past year. If Council decides to reappoint Mr. Edward Rock to the Park Commission this evening, a resolution making the appointment for a three-year term from March 1, 2017 to February 29, 2020 is in order. Council Action: 1)Adopt a Resolution making appointments to the Park Commission. 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 PARK COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood City Council has advertised for Shorewood residents to submit a letter of interest for consideration of appointment to serve on the Park Commission; WHEREAS , the City Council has interviewed residents interested in serving on the Commission; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointment(s) to the Park Commission effective March 1, 2017, with the term expiration as indicated: Park Commission: Member Term Expiring 1.Edward Rock February 29, 2020 Said appointment will add to the five-member Park Commission which consists of the following additional members: Member Term Expiring 2.Stephany Vassar February 28, 2019 3.Paul Kobs February 28, 2019 4.Justin Mangold February 28, 2018 5.Molly Barr February 28, 2018 th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13 day of February, 2017. ___________________________________ ATTEST: Scott Zerby, Mayor ___________________________________ Jean Panchyshyn, City Clerk #3D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Approve phased retirement plan for Brad Nielsen Meeting Date: February 13, 2017 Prepared by: Greg Lerud Attachments: PERA information brochure about the program and Phased Retirement Agreement Policy Consideration: Should the City consider approving a phased retirement option for the planning director. Background: PERA created a phased retirement option in 2009 as a way to do a couple of things: First, they were looking into the future and noticed the trend toward fewer workers replacing those currently employed. Second, the generation that is entering retirement years has a tremendous amount of institutional knowledge and PERA recognized there was value in creating a system that would provide incentives to continue to work on a reduced schedule rather than those people just quitting. Finally, in order to draw a PERA pension,the employee must separate from the city for at least 30 days before returning (with no prior guarantee of reemployment.) And even then, there were significant reductions in the pension amounts if their earnings exceeded $15,000 annually. As a result,there was very little incentive for these retires to return to work on a part time basis. This phased retirement plan is at the employer's discretion, and it allows a retiree to continue to work a reduced number of hours while not penalizing the employee by reducing their pension amount. In this particular case, Mr. Nielsen has a tremendous amount of knowledge about the city and his presence will be critical in passing that knowledge to his replacement, as well as helping the city through the comprehensive plan update in 2017. Financial or Budget Considerations: Neither the employee or employer will pay into PERA while he is in the program, and the approved budget is more than adequate to cover his reduction in hours. Recommendation/Action Requested: Mr. Nielsen has a tremendous amount of institutional knowledge, as well as knowledge about the community and his willingness to enter into this agreement is very favorable for the City. Further,we are in the middle of the hiring process for his replacement, and maintaining the continuity of the planning department is critical. His part time presence will be very beneficial in that regard. Next Steps and Timelines: Mr. Nielsen's retirement date is March 3. If this agreement is approved by the council, he would enter into it on March 6. I will work with him on a work schedule that is beneficial to him and that meets the city's need. Connection to Vision/Mission: Continuity is city government is critical, and this agreement helps to maintain that continuity. 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 �p � I V O cy N '-O > ,�-+ '-4 U U U ? U O '� �-' U �-' c� O U 'O $- U a� a� U U � U U ea O Q" ® 4-1 O a CIO 4-J cn cn CIO 0 CIO o O a� 7O w U O ea �cn+ N U N cn Co Off-+ � '�+ $--4 � cn bA JamJ O N O cn V rOr CO $-d cn cn .- O a� � � w � � '$-4 $-4 CIO •_. a� U CIO 7� O p CIO � O $-4 O ;' Ed U 4--J $-4 O 4L 4-j IL bA ® CO® U R3 y U U -" �' U ® N O � {rrrrr F-+ O O O N U O r� P4 C � � CD o c 1 l%/ion in ro Q a� E o cm a Con j u � t � • ® OC ® •� ® ® ® N an v� N cn w a c N 4-j rq > G1 G3 N v a3 ® '® r, eC v7 J-+ i °+— p J-+ ® n bA ® a r C ® Jam+ 4- N bA c� °,~+ "� "C n O ° ° v � � � � ® � � � > u � � o � ° 4 ® ® W J CD N U ° ® U CD a� u Phased Retirement Agreement Public Employees Retirement Association (PERA) - ; 60 Empire Drive, Suite 9200, Saint Paul, MN 55103-2088 Z�' Member Information Services: 651-296-7460 or 1-800-652-9026 PERA Fax Number: 651-297-2547 Instructions: Type or print in black ink. Original is to be mailed to PERA prior to the start of employment under the phased retirement option (PRO)program and should accompany a completed Application for PERA Retirement Benefits. As applicable, a signed copy of any subsequent Phased Retirement Agreement must also be provided to PERA prior to its effective date. Both Parts A and B must be completed in their entirety. Please read the reverse side for details about the requirements relatine to phased retirement. Part A -Identification Name of Individual to be employed under the PRO Agreement: PERA Member ID No.: Address: Last 4 digits of Social Security No.: Name of Employer offering PRO employment: PERA Employer Number(6-digits): Part B—For completion by the employer that will employ the individual under a PRO Dates of the Phased Retirement Employment Begin Date End Date (must be limited to a one-year period) Identify if this is the first agreement covering phased retirement for this employee or renewal of a prior agreement. ❑ Initial Agreement ❑ ls`Renewal ❑ 2nd Renewal E❑ 3rd Renewal ❑ 4d'Renewal Note:Phased retirement employment may be for periods of up to one year, not to exceed a total duration of five years. I understand that wages earned by the named individual during this period of employment must be reported to PERA and that the amounts will not be subject to PERA withholding. I further certify that this individual will be employed in accordance with the phased retirement employment conditions described in this agreement and in M.S. §353.371, and I agree to ensure that this governmental unit complies with all related requirements. Signature of Employer Representative Date of Signature Part C—For completion by PERA member I have accepted phased retirement employment with(check the one that applies): ❑ The same governmental unit for which I am currently employed. ❑ A different governmental unit than my current employer. Please indicate the name of your current employer: and your anticipated date of termination with this unit ofgovernment(month/day/year): I have read the requirements that must be met to qualify for the phased retirement program on the back of this form and confirm that I will meet all of the criteria. I understand that my PERA retirement benefit will be effective on the first day of the month following the begin date of my initial PRO agreement;however,if my agreement begins on the first day of a calendar month,my benefit will be effective on that day. I further realize that while employed in a phased retirement position, I will not accrue service credits in PERA and my retirement benefit will not be subject to reduction under the provisions regarding reemployed annuitants(M.S. §353.37). I understand and accept the conditions of phased retirement employment described in this agreement and in M.S. §353.371. Signature of PERA Member Date of Signature Information about the Phased Retirement Option Program Public Employees Retirement Association (PERA) Eligibility of Coordinated or Basic Plan Member To draw a retirement benefit while working as an employee for a PERA-covered employer,the member must: 1. be employed for at least 1,044 hours per year for the five years immediately preceding participation in the phased retirement program; 2. be age 62 or older, 3. reduce the hours of work in public service,when compared to his or her previous work schedule,by at least 25 percent and limit the hours of work per year to 1,044 or fewer; 4. be eligible for a monthly retirement benefit from PERA (vested), and 5. provide a completed Phased Retirement Agreement form to PERA, along with an Application for PERA Retirement Benefits, prior to the start of employment under the phased retirement program. Additionally,if the PERA member is accepting a phased retirement position in an agency of the State of Minnesota,he or she cannot be eligible for the State Employee Post-Retirement Option program. Other Important Items An individual's PERA retirement benefit will be effective on the first day of the month following the begin date of the initial employment under a Phased Retirement Agreement;however,if the employment begins on the first day of a calendar month,the benefit will be effective on that day. Participation in the PRO program stops at the conclusion of the initial or renewed agreement. Additionally,to qualify for continued monthly benefits after the phased retirement period ends,the employee must fulfill the usual retirement requirements.This includes terminating public service,having a minimum 30-day break in service and not having any agreement to return to work in a non-elected position for the same employer until after the 30-day separation period has passed.Failure to abide by these requirements will result in the cancellation of the PERA benefits. Responsibilities of the Employer An employer is under no obligation to offer the phased retirement option to a PERA Coordinated or Basic Plan member. If participation is offered,the employer must reduce the employee's hours of work,when compared to the individual's previous work schedule,by at least 25 percent and limit the hours per year to 1,044 or fewer. The initial offer of employment under the PRO program is limited to one year. An employer may extend the individual's employment for periods of up to one year, for a maximum of five years,if the employee is under his or her Full Retirement Age(FRA) on the date of renewal. The earnings paid to an employee participating in a PRO program must be reported to PERA after each pay period. The employer will report the employee's salary under the Exempt Plan, after having enrolled the individual in that PERA plan.No employee deductions or employer contributions are payable to the retirement plan on the earnings of the phased retirement position. Participation in PERA's phased retirement program stops at the conclusion of the employee's initial or renewed agreement,whichever is later. 07.18.2016 #3E MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Proposal for Professional Services for the Enchanted and Shady Islands Street Improvement Project Meeting Date: February 13, 2017 Prepared by: Larry Brown, Director of Public Works Reviewed by: Attachments: Professional Services Proposal Policy Consideration: Should the City Council enter into a contract with WSB &Associates, Inc. to prepare an Engineering Feasibility Report and construction documents for the Enchanted and Shady Islands Street Improvement Project? Background:The question has been raised,whether the City of Shorewood should enter into a joint pavement restoration project with the City of Minnestrista which would include the roadways on Shady and Enchanted Islands. From the best indications available at this point, it appears that the City of Minnestrista is moving forward with their project for roadways leading out to the Shorewood Island roadways in 2017. Past discussion has centered on what logistics and economies of scale are to be had, if the projects are completed jointly. Therefore, staff has solicited a proposal for professional services, should the City Council opt to move forward with a Shorewood project. The proposal provided, includes examination of the alternatives of simply milling and overlay the subject roadways or a reclaim of the following existing roadways: • Enchanted Lane from the Minnetrista city limits to the Shady Island bridge • Shady Island Road from the Shady Island bridge to Shady Island Circle • Shady Island Circle from Shady Island Road to Shady Island Road • Shady Island Point from Shady Island Circle to the cul-de-sac • Shady Island Trail from Shady Island Circle to the north terminus • Enchanted Drive from Enchanted Lane to the cul-de-sac • Dellwood Lane from Enchanted Drive to the cul-de-sac • Enchanted Cove from Enchanted Drive to the cul-de-sac Segments of Enchanted Lane and Shady Island Road experience periodic seasonal flooding during spring runoff, heavy rainfall events and high water levels of Lake Minnetonka. The proposed project will mill and overlay, or reclaim the pavement to build up the roadway to reduce seasonal flooding where necessary, but not raising it above the 100-year floodplain due to the potential high cost and extensive mitigation required. 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 WSB has prepared a proposal for the Engineering Feasibility Report and Preparation of Plans and Specifications for the proposed project for 2017 construction. Total Estimated Engineering Fee: Estimated fees for preparation of an Engineering Feasibility Report are in the amount of$43,360 and the estimated fees for Preparation of Plans and Specifications and Bidding Services are in the amount of$64,270. Given the number of roadways included in this project, the costs appear reasonable. Time Schedule: Based on the current project schedule,WSB &Associates, Inc. proposes to commence immediately with the project in time for summer bidding. Financial Considerations:The current Capital Improvement Plan has earmarked an amount of$509,000 for the Enchanted and Shady Islands Street Improvement Project, if the City Council opts to move ahead with this project. Options: 1. Accept the proposal, as presented. 2. Reject the proposal and provide staff with alternative direction. Recommendation: Staff is seeking direction from the City Council, as to whether to move forward with this project. If so, staff recommends that a motion accepting the proposal for professional services for the Enchanted and Shady Islands Street Improvement Project be approved. AL WSB 477 Temperance Street I St. Paul, MN 55101 1 (651)286-8450 February 13, 2017 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Professional Services Proposal - Enchanted and Shady Island Street Improvement Project Feasibility Report, Preliminary Design, Wetland Assessment Impacts, Floodplain Assessment, Public Involvement and Project Management, Preparation of Plans and Specifications, and Bidding WSB Project 2925-31 Dear Honorable Mayor and Council Members: WSB &Associates, Inc. is pleased to provide you with our proposal for the preparation of a Feasibility Report, Preliminary Design, Topographic Survey, Geotechnical Investigation, Wetland Impact, Floodplain Assessment, and preparation of plans, specifications, and bidding for the Enchanted and Shady Island Street Improvement Project. The proposed improvements are for the rehabilitation of the following roadways in accordance with the Capital Improvement Plan: • Enchanted Lane from the Minnetrista city limits to the Shady Island bridge • Shady Island Road from the Shady Island bridge to Shady Island Circle • Shady Island Circle from Shady Island Road to Shady Island Road • Shady Island Point from Shady Island Circle to the cul-de-sac • Shady Island Trail from Shady Island Circle to the north terminus • Enchanted Drive from Enchanted Lane to the cul-de-sac • Dellwood Lane from Enchanted Drive to the cul-de-sac • Enchanted Cove from Enchanted Drive to the cul-de-sac Project Understanding Roadways proposed to be rehabilitated in 2017 have been identified as showing various pavement distresses. The improvements proposed for the Enchanted and Shady Island Street Improvement project address these distresses in accordance with the City's Pavement Management Plan. The proposed project will reclaim the existing roadways to construct a new bituminous surface. Enchanted Lane, Shady Island Road and Shady Island Circle from the Minnetrista city limits continuing northwest experiences periodic flooding with heavy rainfall events and high water levels of Lake Minnetonka. The roadway also experiences annual local flooding, generally in the spring. The proposed project will reclaim the pavement to build up the roadway to reduce seasonal flooding but not raising it above the 100-year floodplain due to the potential high cost and extensive mitigation required. We anticipate the following scope items for the preliminary design, Feasibility Report, final design, and construction bidding to include the following items. Building a legacy—your legacy. Equal Opportunity Employer I wsbeng.com K:\02925-310\Admin\Docs\Proposals\Feasibility and Final DesighTnchan[ed and Shady Island-Rofessional Services proposal-Fees,Plans and Specs.doc Professional Services Proposal - Enchanted and Shady Island Street Improvement Project February 13, 2017 Page 2 Proposed Services Our proposed services include preparation of an Engineering Feasibility Report including an appropriate level of preliminary design services to consider street rehabilitation options, topographic survey, geotechnical evaluation, wetland assessment impacts, floodplain assessment, final design, and construction bidding services. Feasibility Report: • Review the existing conditions of the street pavements, underlying soil conditions, utilities, and drainage characteristics. • Review opportunities to improve area drainage. • Prepare a detailed preliminary opinion of potential construction and indirect project costs with contingencies but excluding costs of acquisition of land due to the variability in land costs. • Identify potential for funding sources. • Identify owners of parcels along the proposed improvement corridor that may be impacted by construction. • Identify potential need for the acquisition of permanent and temporary easements. o Based upon Hennepin County Parcel Data Mapping for Preliminary Design • Identify the necessary permitting agencies and requirements. • Prepare preliminary project schedule. • Prepare a Feasibility Report depicting the improvement corridor existing conditions, proposed improvements, funding requirements and resources, figures depicting the improvements, and feasibility statements regarding the improvements. • Review the determination of the necessity, feasibility, and cost-effectiveness of the project. Preliminary Design: • Review aerial maps and LIDAR data to identify surficial information/landmarks and existing grades. A topographic survey will be required during preliminary design. Acquiring title work is not included in this scope. • Geotechnical exploration of the existing bituminous pavement and aggregate base. • Provide a preliminary horizontal and vertical alignment for the street rehabilitation including preliminary earthwork calculations. • Coordinate location of private utility company facilities within the improvement corridor. This coordination will include performing a utility design locate request to provide a quality level D location for existing utilities. • Prepare preliminary layout and design based upon public comments, City staff review and engineering judgment for discussion with the Council. Preliminary layout will be a representation of horizontal and vertical alignments with potential construction limits shown and potential construction conflicts. Make minor revisions based upon Council direction. • Conduct a feasibility level drainage design. Wetland Assessment Impacts: ■ Complete an evaluation of potential wetlands that will be impacted adjacent to the project. This includes a summary of square footage of wetlands impacted along with a cost for mitigation. Floodplain Assessment: ■ Complete an assessment of the floodplain to determine the extent of the impacts, potential mitigation costs, and level of involvement for permitting. Public Involvement and Project Management: • Project management and coordination/meetings with City staff and the City Council. • Attendance of one information meeting with residents to discuss the project and receive comments regarding the design approach and proposed design. The goal is to have an informational meeting prior to Feasibility Report presentation to the Council. K:\02925-310\Admin\Docs\Proposals\Feasibility and Final DesighTnchan[ed and Shady Island-Rofessional Services proposal-Fees,Plans and Specs.doc Professional Services Proposal - Enchanted and Shady Island Street Improvement Project February 13, 2017 Page 3 Preparation of Plans and Specifications& Bidding Services: • Project management and coordination/meetings with City staff and the City Council. • Coordinate construction of the proposed project with private utility companies located in the improvement corridor. This coordination will include providing drawings to any affected utility companies and hosting an on-site utility relocation meeting to determine what utilities, if any, will require relocation. • Final stormwater and grading design to improve area drainage. • Prepare final project and construction schedule. • Prepare and submit requisite agency permits identified in the project feasibility report. • Preparation of estimated quantities and detailed engineer's opinion of probable construction cost as it relates to the work outlined in our scope of services. • Prepare final plans, project specific specifications, contract documents, and bidding forms. Specifications will be in accordance with the City of Shorewood standards and Mn/DOT standard specifications. • Coordinate project advertisement. We will distribute plans and specifications to the contractors, as well as any needed addenda. We will also attend the bid opening at City Hall, prepare a tabulation of bids, and bid results letter for City Council consideration of award. • Preparation of a floodplain and wetland impact and replacement plan for watershed permitting. Proposed Fee We are proposing to complete the work on an hourly cost-reimbursable basis in accordance with our current fee schedule. Estimated fees for Preliminary Design and Preparation of an Engineering Feasibility Report are in the amount of$43,360 and the estimated fees for Final Design, Preparation of Plans and Specifications and Bidding Services are in the amount of$64,270. Please note the estimated design fees may fluctuate depending on the findings to be identified in the feasibility report. Thank you for this opportunity to provide professional consulting services to the City of Shorewood. If this proposal is acceptable, please execute the signature block below and return as our authorization to proceed. Please do not hesitate to contact me at 651-286-8468 if you have any questions. Sincerely, WSB &Associates, Inc. WSB &Associates, Inc. Nick Guilliams, P.E. Paul Hornby, P.E Project Manager City Engineer PROPOSAL FOR: Professional Services Proposal - Enchanted and Shady Island Street Improvement Project Feasibility Report, Preliminary Design,Wetland Assessment Impacts, Floodplain Assessment, Public Involvement and Project Management, Preparation of Plans and Specifications, and Bidding ACCEPTED BY: City of Shorewood, MN Name Title Date K:\02925-310\Admin\Docs\Proposals\Feasibility and Final DesighTnchan[ed and Shady Island-Rofessional Services proposal-Fees,Plans and Specs.doc #3F MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: AT&T Cellular Antenna Lease Extension Meeting Date: February 13, 2017 Prepared by: Bruce DeJong, Finance Director Reviewed by: Greg Lerud, City Administrator Larry Brown, Public Works Director Timothy J. Keane, City Attorney Attachment: Resolution Policy Consideration: Should the City Council extend the lease with AT&T for cell service? Background: Staff worked with Bijan Stephens from MD7 who are the agents for AT&T Mobility to negotiate the lease extension. The initial proposal was for a significant reduction in the lease rate and in the inflation factor. Staff has maintained a position that the original lease terms were fair and that we do not want different vendors operating on different terms. The coordination of vendors is already difficult when maintenance needs to be performed to our water towers without any complicating factors. AT&T has determined that they are willing to extend their lease for another five years under the existing terms. Council should be aware that cellular tower technology is changing. In the future,there may not be as significant a need for location on water towers. There is in fact a push by cellular carriers at the legislature to reduce local control over locating towers in the public right of way. If that occurs, they may be less willing to pay for location on our water towers in the future. Right now we collect over $150,000 in rent annually for this service. Financial or Budget Considerations: These rates are consistent with the renewal terms of our other cellular carrier leases. Options: The City Council may adopt the resolution as presented. The City Council may request different terms and conditions to be negotiated with the carrier. Recommendation/Action Requested: Staff recommends that the City Council adopt the resolution as presented. Next Steps and Timelines: If adopted as presented, the new rate will be implemented with this year's billing. Connection to Vision/Mission: Adopting a prudent rate structure contributes to sound financial management. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 FIRST AMENDMENT TO AGREEMENT .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment"), dated as of the latter of the signature dates below (the "Effective Date"), is by and between City of Shorewood, a Minnesota municipal corporation, having a mailing address of 5755 Country Club Road, Shorewood, MN 55331 (hereinafter referred to as "City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor by merger to AT&T Wireless Services of Minnesota, a Nevada Corporation, having a mailing address of 575 Morosgo Drive NE, Atlanta, GA 30324 (hereinafter referred to as "Lessee"). WHEREAS, City and Lessee (or its respective predecessor-in-interest) entered into an Agreement dated May 1, 2000 (hereinafter, the "Agreement"), whereby City leased to Lessee certain Leased Premises, therein described, that are a portion of the Premises located at 26352 Smithtown Road Unit Cell Site, Shorewood, MN; and WHEREAS, the term of the Agreement will expire on December 31, 2020, and the parties mutually desire to renew the Agreement, memorialize such renewal period and modify the Agreement in certain other respects, all on the terms and conditions contained herein; and WHEREAS, City and Lessee desire to amend the Agreement to extend the term of the Agreement; and WHEREAS, City and Lessee desire to amend the Agreement to adjust the Base Rent (as defined below) in conjunction with the modifications to the Agreement contained herein; and WHEREAS, City and Lessee desire to amend the Agreement to modify the notice section thereof; and WHEREAS, City and Lessee desire to amend the Agreement to permit Lessee to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, City and Lessee, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Lessee agree that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as follows: 1. Extension of Term. The term of the Agreement shall be extended to provide that the Agreement has a new initial term of five (5) years ("New Initial Term") commencing on January 1, 2017 ("New Term Commencement Date"). As of the New Term Commencement Date, the term provided in the Agreement and any extensions thereof, as applicable, shall be void and of no further force and consequence. The Agreement will automatically renew, commencing on the expiration of the New Initial Term, for up to five (5) separate consecutive additional periods of five (5) years each (each such five (5) year additional period is hereinafter referred to as an "Additional Extension Term" and each such Additional Extension Term shall be considered an Extension Term under the Agreement), upon the same terms and conditions of the Agreement, as amended herein, without further action by Lessee unless Lessee notifies City in writing of Lessee's intention not to renew the Agreement at least sixty (60) days prior to the expiration of the New Initial Term or the then current Additional Extension Term. The New Initial Term, the Additional Extension Term are collectively referred to as the Term ("Term"). 2. Base Rent. Commencing on January 1, 2017, the current Base Rent payable under the Agreement shall be Twenty-Six Thousand One Hundred Ninety-Four and 49/100 Dollars ($26,194.49) per year (the "Base Rent"), and shall continue during the Term, subject to adjustment as provided herein. Section 3(a)(3) of the Agreement shall be amended to provide that Base Rent shall be adjusted as follows: in year two (2) of the New Initial Term and each year thereafter, including throughout any Additional Extension Term exercised, the annual Base Rent will increase by five percent (5%) over the Base Rent paid during the previous year. 3. Emergency 911 Service. In the future, without the payment of additional Base Rent, or any other consideration, and at a location mutually acceptable to City and Lessee, City agrees that Lessee may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. 4. Charges. All charges payable under the Agreement such as utilities and taxes shall be billed by City within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by City, and shall not be payable by Lessee. The foregoing shall not apply to monthly Base Rent which is due and payable without a requirement that it be billed by City. The provisions of this subparagraph shall survive the termination or expiration of the Agreement. 5. Acknowledgement. City acknowledges that: 1) this First Amendment is entered into of the City's free will and volition; 2) City has read and understands this First Amendment and the underlying Agreement and, prior to execution of this First Amendment, was free to consult with counsel of its choosing regarding City's decision to enter into this First Amendment and to have counsel review the terms and conditions of this First Amendment; 3) City has been advised and is informed that should City not enter into this First Amendment, the underlying Agreement between City and Lessee, including any termination or non-renewal provision therein, would remain in full force and effect. 6. Notices. (a) NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Lessee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site#: MPLSMN1119; Cell Site Name: South Lake Minnetonka (MN) Fixed Asset No.: 10081796 575 Morosgo Drive NE Atlanta, GA 30324 With a required copy of the notice sent to the address above to AT&T Legal at: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site#: MPLSMN1119; Cell Site Name: South Lake Minnetonka (MN) Fixed Asset No: 10081796 208 S. Akard Street Dallas,Texas, 75202-4206 A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. And as to City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 (b) In the event of a change in ownership, transfer or sale of the Premises, within ten (10) days of such transfer, City will send the below documents to Lessee. In the event Lessee does not receive such appropriate documents, Lessee shall not be responsible for any failure to pay the current landlord (i) New deed to Premises (ii) New W-9 (iii) New Payment Direction Form (iv) Full contact information for new City including all phone numbers Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 7. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 8. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. [NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this First Amendment on the dates set forth below. CITY: LESSEE: City of Shorewood, New Cingular Wireless PCS, LLC, a Minnesota municipal corporation a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: DO NOT EXECUTE By: DO NOT EXECUTE Print Name: Print Name: Title: Title: Date: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] CITY ACKNOWLEDGEMENT STATE OF ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of City of Shorewood, a Minnesota municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... LESSEE ACKNOWLEDGEMENT STATE OF ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: CITY OF SHOREWOOD RESOLUTION NO. 17- A RESOLUTION GRANTING A FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SHOREWOOD (CITY) AND AT&T WIRELESS SERVICES OF MINNESOTA (LESSEE) FOR PREMISES LOCATED AT 26352 SMITHTOWN ROAD WHEREAS, the City and Lessee entered into an Agreement dated May 1, 2000 (hereinafter, the "Agreement"); WHEREAS, the City and Lessee desire to amend and renew said Agreement, as provided and attached hereto as Exhibit A, "First Amendment to Agreement"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1. The Mayor and Council approve the "First Amendment to Agreement" to the Water Tower Space Lease Agreement by and Between the City of Shorewood and AT&T Wireless Services of Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13'' day of February, 2017. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk #3G MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Urban Forest Management Plan Meeting Date: February 13, 2017 Prepared by: Paul Hornby, City Engineer Reviewed by: Brad Nielsen, Planning Director, Larry Brown Director of Public Works Attachments: Urban Forest Management Plan, Resolution Policy Consideration: Should the City approve the Urban Forest Management Plan and adopt the implementation schedule and budget? Background: On January 23, 2017, the City Council reviewed the Draft Urban Forest management Plan, prepared by S&S Tree and Horticultural Services. The DRAFT plan was presented by representatives of S&S Tree and Horticultural Services and staff. The plan includes: ■ Completion of the tree inventory and characteristics on public properties ■ Forest Management— • Shade tree disease program • Emerald Ash Borer management plan • Reforestation plan • Tree ordinance review • Tree preservation ordinance review ■ Private tree management- o Woody invasive plant management • Homeowner/private land assistance program • Public education The plan was updated by S&S Tree to reflect previous Council comments, and the Council requested no additional changes to the plan at the January 23rd Work Session. The plan updates included a 10-year implementation budget, homeowner/site visits, public education, and right of way tree policy. Financial or Budget Considerations: Plan implementation is provided in Appendix A. The program recommends a budget of$780,000 over a 10-year period, budgeting about$72,000 to $85,000 annually. The programmed budget includes removal of dead and dying trees, re-inspection of trees in poor condition, removal and treatment of Ash trees, tree replacement, and tree maintenance. Recommendation/Action Requested: Staff recommends Council approve the Resolution Adopt the Urban Forest Management Plan and authorize implementation. 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 *r Y Urban Forest Management Plan City of Shorewood, Minnesota January 17, 2017 revised Prepared for: Brad Nielsen and Paul Hornby City of Shorewood 5755 Country Club Road Shorewood, MN 55331 952 - 960 -7900 bnielsen @ci.shorewood.mn.us Prepared by: Gail Nozal & Jon Schmidt S &S Tree and Horticultural Specialists Consulting Services Division A Davey Company 405 Hardman Avenue South St. Paul, MN 55075 www.sstree.com 1651.451.8907 TREE AND RORT1C'ULTURAL 14F SPECIALISTS, INC. ;x DAVEYI company ivTREE AND HORTICULTURAL a PECIALISTSi INC. DAMA. company Contents Acknowledgements....................................................................................................... ............................... 4 ExecutiveSummary ......................................................................................................... ..............................5 ResourceStructure ..................................................................................................... ..............................5 Introduction.................................................................................................................... ..............................6 Goals........................................................................................................................... ..............................6 Chapter 1: Shorewood's Tree Population ....................................................................... ..............................7 Tree Population Characteristics .................................................................................. ..............................7 UnmaintainedRight of Way ........................................................................................ ..............................8 Tree Composition and Diversity .................................................................................. ..............................8 Inventoried Tree Population ....................................................................................... ..............................8 RelativeAge Distribution ............................................................................................ ..............................9 Healthand Condition ................................................................................................. .............................10 Tree Maintenance Recommendations ....................................................................... .............................11 RoutineTree Pruning ................................................................................................. .............................12 TreeRemovals ............................................................................................................ .............................13 Re- inspection ............................................................................................................. .............................14 YoungTree Training ................................................................................................... .............................14 AshTreatments .......................................................................................................... .............................15 Chapter 2: Emerald Ash Borer Management Strategy .................................................. .............................16 EmeraldAsh Borer ..................................................................................................... .............................16 Identification.......................................................................................................... .............................16 Administration....................................................................................................... .............................17 Monitoring and Management ................................................................................ .............................18 S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 2 ContractingWork ................................................................................................... .............................20 Ordinance Revisions and Policy Development ...................................................... .............................20 Ash Debris Handling and Disposal .......................................................................... .............................21 Chapter3: Reforestation ................................................................................................ .............................22 TreeReplacement .................................................................................................. .............................22 TreeSpecies Selection ......................................................................................... ............................... 23 TreePurchases ....................................................................................................... .............................24 TreeMulching ........................................................................................................ .............................25 Chapter 4. Free Eco and Canopy Analysis ..................................................................... .............................26 i -Tree Eco Benefit Categories ..................................................................................... .............................26 Benefits of Shorewood's Municipal Trees ................................................................. .............................27 Electricity and Natural Gas Results ........................................................................ .............................27 Sequestered Carbon Dioxide ................................................................................. .............................27 NetAir Quality Improvement ................................................................................ .............................28 AvoidedRunoff ...................................................................................................... .............................28 CanopyAnalysis ....................................................................................................... ............................... 28 Chapter 5. Private Tree Management ......................................................................... ............................... 30 TreeOrdinance Review .......................................................................................... .............................30 Tree Preservation Ordinance Review .................................................................. ............................... 31 Woody Invasive Plant Management ...................................................................... .............................32 Shade Tree Disease Program ................................................................................... ............................... 34 Homeowner and Private Land Assistance Program ............................... Error! Bookmark not defined. PublicEducation ..................................................................................................... .............................35 Conclusion................................................................................................................ ............................... 41 S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 3 Acknowledgements This project was conducted for the City of Shorewood, Minnesota, and materials were prepared using funds provided by the City. The City of Shorewood acknowledges and agrees that the use of this report and other printed materials produced as part of this project shall not be restricted under the copyright laws of the United States of America. Notice of Disclaimer: Inventory data provided by S &S Tree and Horticultural Specialists, a division of the Davey Tree Expert Company, are based on visual recording at the time of inspection. Visual records do not include individual testing or analysis and do not include aerial or subterranean inspection. S &S Tree and Horticultural Specialists are not responsible for discovery or identification of hidden or otherwise non - observable hazards. Records may not remain accurate after inspection due to variable deterioration of inventoried material. S &S Tree and Horticultural Specialists provide no warranty with respect to the fitness of the urban forest for any use or purpose whatsoever. Clients may choose to accept or disregard S &S Tree and Horticultural Specialists recommendations or to seek additional advice. Important: know and understand that visual inspection is confined to the designated subject tree(s) and that the inspections for this project are performed in the interest of facts of the tree(s) without prejudice to or for any other service or any interested party. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 4 Executive Summary Trees provide significant economic, functional, and structural benefits to the community, helping improve the quality of life within the city. When properly maintained, trees return overall benefits and values to the community far in excess of the time and money invested in them for planting, pruning, protection, and removal. The City of Shorewood previously began a tree inventory of its public streets. In 2016, S &S Tree and Horticultural Specialists were contracted by Shorewood to inventory approximately twenty percent of the remaining street right of way. The City has commissioned this Urban Forest Management Plan to report on the inventory findings, evaluate the condition of public trees, and to establish an effective planning and management program for this resource. This document will review current conditions and explore future management options. Resource Structure Based on Shorewood's tree inventory: • A total of 3,412 publicly managed trees. • Maple represents over a quarter of the inventoried population with 858 trees. • Average recorded diameter at breast height (DBH) was fifteen inches, classifying this as an established urban forest (9 -17 "DBH). • Nearly half (45 %) of trees were reported as being in "Good" condition. • The City of Shorewood will need to manage approximately 567 ash trees for Emerald Ash Borer (EAB). S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 5 Introduction The public trees growing on the rights -of -way in Shorewood constitute a valuable community resource. They provide tangible and intangible benefits through services, such as pollution control, energy reduction, runoff management, property values, wildlife habitat, education, and aesthetics. Previously, the services and benefits trees provided in the urban and suburban setting were considered to be unquantifiable. However, by using extensive scientific studies and practical research, these benefits can now be confidently calculated using tree inventory information. Since Shorewood has conducted a tree inventory, accurate insight can be drawn in regards to the overall health of the City's public trees and the benefits they provide the community. The results of applying an i -Tree Eco application, a proven, defensible model and method that determines tree benefit values, to the City of Shoreview's current tree inventory data are summarized in this report. The science behind this model and type of analysis is sound and has been published in peer- reviewed journals. The challenge now is to apply the science to enhance the quality of life in the City of Shorewood by improving the condition of the urban forest. Gr%nlc This management plan intends to achieve the following goals: • Establish a public tree management program. • Define municipal responsibilities as trees relate to the health and safety of the community. • Emerald ash borer management strategy that addresses management options and costs. • Creation of a reforestation plan that emphasizes forest species diversity and benefits. • Creation of a shade tree disease program that identifies and enforces community tree insect and disease issues. • Review of current tree ordinance with suggested additions. • Discuss woody invasive plant management and public education. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 6 Chapter 1: Shorewood's Tree Population Shorewood's urban forest is a complex system of trees that vary in species, size, age, and condition. Understanding this system is important for proper decision making regarding species selection and tree care practices. This chapter provides insight into the current composition and condition of Shorewood's inventoried tree population. By accumulating and using this information, urban forest managers can forecast trends, anticipate maintenance needs, facilitate budgeting for tree - related expenditures, and develop a basis for long -range planning. S &S Tree and Horticultural Specialists performed approximately 20 %, thus completing the tree inventory for Shorewood in the summer of 2016. Upon completion of the citywide inventory, S &S Tree and Horticultural Specialists performed an analysis of the inventory data using i -Tree ECO to calculate benefits produced by the City's inventoried tree population. Inventory data were also used to estimate budgets and build a five year management strategy. ree Fopulation Lliaracteristics Tree characteristics recorded during the inventory include location, tree name, DBH, condition, and other related tree and site factors. By identifying the tree, DBH, and condition of trees in the urban forest, much can be learned about the forest's composition, size distribution, relative age, and health. Species composition data are essential since the types of trees present in a community greatly affect the amount of benefits produced, levels of diversity, tree maintenance activities, and budgets. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 7 Unmaintained Right of Way Much of Shorewood's street right of way is occupied by natural occurring forest edge trees and other natural areas. These areas were inventoried using a geographic positioning tool called "polyline" that allows for categorizing multiple features of interest. The polyline feature was used to map and classify forest edge right of ways by assigning the average tree species, DBH, and condition. Shorewood's tree inventory defines 109 polylines of various lengths categorizing forest edge trees in unmaintained natural areas. Comparing all 109 polylines, data reveals the average tree growing in these areas are 10 inch DBH maples in Good condition. Regular inspections of these areas should be conducted with identified hazards being mitigated as soon as possible. �6 F Photograph 1. Unmaintained and forest edge right of way lines a considerable portion of Shorewood's streets. i ree composition and Diversity Table 1. Significant Tree Composition in Shorewood Tree Number % of Trees Maple 859 25.18 Ash 560 16.42 Elm 269 7.88 Boxelder 217 6.36 Oak 197 5.77 Other trees 1,310 38.39 Inventoried Tree Population Shorewood's inventoried tree population is composed of 3,412 trees distributed among 27 different types. Genus distribution amongst the City's tree population appears to be healthy with the exception of maple. S &S Tree and Horticultural S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 8 Specialists recommends that no one single Genus exceed 20% of the total tree population. Due to increased threat of exotic invasive pests and diseases, it is advisable that Shorewood consider adopting a policy to limit a single species to no more that 10% and genus to no more than 20% of the population. A variety of species types can decrease the impact of species- specific pests and diseases may help to limit the impacts from a number of weather events as different trees respond differently to stress. Relative Age Distribution By using DBH as an indicator of relative tree age, predictions about present and future costs as well as flow of benefits the tree population provides for the city. An uneven -aged population allows managers to allocate annual maintenance costs uniformly over many years and helps to maintain overall tree canopy cover. Shorewood's urban forest displays an uneven -aged population as reflected by size class distribution. An ideal street tree population has an imbalanced age distribution, with higher percentages of young trees than mature trees to minimize fluctuations in functional benefits over time. Trees mature and begin to decline, a tree population skewed towards young trees will ensure that the flow of benefits continues to exist. S &S Tree and Horticultural Specialists recommend that Shorewood establish a tree planting program to increase percentages of young trees to ensure a sustainable benefit producing urban forest. 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% - 0 -8 9 -17 18 -24 >24 Percent of Population Figure 1. Diameter size class distribution of Shorewood's inventoried tree population. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 9 Health and Condition S &S and the City of Shorewood assessed the condition of each individual tree during the inventory period. Several factors were considered for each tree; including root characteristics, branch structure, trunk, canopy, foliage condition, and presence of pests. Tree condition was rated as Good, Fair, Poor, or Dead /Dying. Most of the inventoried trees in Shorewood were assessed as being in Good or Fair condition, 46% and 35 %, respectively (Figure 2). Based on these data, the general health of the inventoried tree population is rated as Good. In addition to providing an overall idea of current forest health, these data can also be used to guide future management decisions. Good and Fair trees should be maintained and kept in condition for producing maximum benefits. Structural and deadwood pruning on a rotational schedule will maintain the safety and aesthetic value of these Photograph 2. Almost 50% of Shorewood's tree population has a condition rating of "Good ". trees. Poor trees should be re- inspected annually to monitor and manage any additional risk if the tree continues to decline. Remove all trees in Dead /Dying condition within two years. Because of their failed or failing health, these trees will most likely not recover even if care is increased. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 10 3% 16% 35% Figure 2. Condition of inventoried trees Tree Maintenance Recommendations ■ Good ■ Fair Poor Dead /Dying One important objective of a tree inventory is determining current and appropriate maintenance needs of the tree population. Maintenance needs were assigned based on size, condition, and species. Table 2 summarizes the maintenance requirements of Shorewood's inventoried tree population. See Appendix A for a detailed five year strategy and budget table that further breaks down the recommended maintenance activities presented in the following paragraphs by estimated cost, timing, and activity. Tables and figures within this section summarize parts of the five year maintenance plan. Table 2. Shorewood's Tree Maintenance Recommendations Maintenance Required Number of Sites % of Maintenance Pruning 1,890 56 Ash Removal 469 14 Re- inspection 518 15 Young Tree Training 329 10 Removal 103 3 Ash Treatment 92 2 S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 11 Rnutine Tree Pruning One of the most beneficial improvements that any city can accomplish to improve their urban forest is to perform routine preventative pruning. This activity works to structurally prune trees on an established schedule to maintain a safe and healthy urban forest. Shorewood currently has 1,890 trees growing on street right of ways that are good candidates for the recommended five year routine pruning program. These trees would be on a five year rotational pruning schedule allowing an opportunity for professionals to visit each tree once every five years to perform routine maintenance. Approximately 379 trees would be pruned each year on a cyclica basis. Table 3 summarizes pruning activities and estimates an industry average cost for each year of the cycle. A complete bid process should be assessed subsequent to each year of annual pruning. Photograph 3. Shorewood has 1,890 trees recommended for routine pruning. A five year cycle would allow for pruning of approximately 379 trees annually. Table 3. Annual Routine Tree Pruning and Cost Estimates Pruning Year 1 Year 2 Year 3 Year 4 Year 5 Trees 374 377 378 381 380 Cost $50,495 $51,070 $51,240 $52,360 $52,055 S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 12 Tree Removals Removing dead, dying, or otherwise hazardous trees from the population is an integral part of urban forest management. From the inventory, 103 trees identified as Dead /Dying are recommended for removal. Table 4 breaks down these trees by diameter class and provides a cost estimate for removal. Shorewood's five year budget plan in Appendix A breaks down these removals over the course of two years where larger trees with increased risk are removed in year one and smaller less hazardous trees are removed in year two. An additional 469 undesirable Ash trees deemed unfit for emerald ash borer treatment are also recommended for removal. Chapter 3 provides a strategy for removing these ash trees over Photograph 4. During the the course of three years. inventory, 103 dead or dying trees were recorded. Table 4. Shorewood's Tree Removals and Cost Estimates Diameter Class Cost /Tree Trees Total i 1 -3 $25 6 $150 4 -6 $105 22 $2,310 7 -12 $220 45 $9,900 13 -18 $355 15 $5,325 19 -24 $525 9 $4,725 25 -30 $845 2 $1,690 31 -36 $1,140 2 $2,280 37 -42 $1,470 1 $1,470 43+ $1,850 1 $1,850 Total 103 $29,700 S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 13 Re- inspection Inventoried trees with a condition rating of Poor are recommended for re- inspection. The 518 trees in this category could experience rapid health or structural deterioration and become hazardous. Others could survive and exist for many years. Therefore routine annual inspections are necessary to monitor and keep risk as low as possible. Keeping up to date with inspections would cost an estimated $1,554 annually. Young Tree Training Pruning young trees to improve branch structure is the most effective method of reducing maintenance costs as trees mature. Currently, Shorewood has 329 trees recommended for Young Tree Training. At the time of planting the only pruning that should be done is removal of broken and dead branches. In the second growing season, minor pruning can be done to remove branches with poor attachments. The first Young Tree Training prune should occur during the third growing season and achieve proper branch spacing and structure. Photograph 5. Training for correct structure when trees are young will decrease the chance of future branch failure and increase the trees lifespan. Table 5. Shorewood's Young Tree Training Program Year 1 Year 2 Year 3 Year 4 Trees 110 110 109 Cost $3,210 $3,210 $3,180 $0 Year 5 0 $0 S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 14 Ash Treatments Shorewood has an inventoried population of 567 ash trees. In the advent of emerald ash borer infestation, the city should plan on removing the majority of ash before they are killed by the borer and become hazardous standing dead trees. The inventory identified 92 ash trees as viable candidates for treatment. These trees are in Good or Fair condition and are 19 inches DBH and greater. These trees should be maintained and protected because they provide the greatest amount of benefits among the city's ash population. Treatments remain effective over two years and therefore should reoccur once every two years. Ash treatments can be bid out or done in house with a licensed contractor. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 15 Chapter 2: Emerald Ash Borer Management Strategy Emerald Ash Borer Throughout the United States, urban and community forests are under increased pressure from exotic and invasive insects and diseases. Usually these exotic pests arrive from overseas, and our native trees and shrubs do not have appropriate defense mechanisms to fight them off. One of Shorewood's largest challenges will be preparing and managing for infestation of emerald ash borer. A recently completed street tree inventory shows 567 ash trees growing on Shorewood's street right of ways. Sixteen percent of the City's street tree population will be affected over the next few years by emerald ash borer. This chapter will outline a strategy that Shorewood can adopt to manage ash trees on public and private land over the next five years. When emerald ash borer is discovered in Shorewood, this management plan is intended to properly guide the city with the following issues: 1. Protection of public safety 2. Available funding and staffing 3. Protection of woodland areas and natural resources 4. Forest and tree canopy cover and composition after a reduction or loss of ash tree population Identification The adult beetle is elongate, metallic green, and 3/8- to 5/8 -inch long. Adults emerge from late May until early August feeding on a small amount of foliage (this causes jagged leaf edges). Females lay eggs deep into bark crevices on lower main branches. After eggs hatch, the larvae tunnel through the bark and feed on the phloem and outer sapwood for several months. The mature larvae are cream colored and 1- to 1 -1/4 inch long. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 16 Photograph 6. The adult EAB. (Photograph courtesy of Ohio State University) Fully grown larvae overwinter under the bark, or sometimes in pupil cells made of outer sapwood. There is one generation per year, but some larvae can remain in the tree for two years. Initial symptoms include yellowing and /or thinning of the foliage and longitudinal bark splitting. The entire canopy may die back, or symptoms may be restricted to certain branches. Declining trees may sprout epicormic shoots at the tree base or on branches. Removal of bark reveals tissue callusing and frass - filled serpentine tunneling. The S- shaped larval feeding tunnels are about 1/4 -inch in diameter. Tunneling may occur from upper branches to the trunk and root flare. Adults exit from the trunk and branches in a characteristic D- shaped exit hole that is about 1/8 -inch in diameter. The intense tunneling disrupts water and nutrient flow, causing trees to lose between 30% and 50% of their canopies during the first year of infestation. Trees often die within two years following infestation. Administration The City should appoint a natural resource professional responsible for implementing this program and ensuring the plan provisions are carried out appropriately. In order to implement the provisions of this plan, maintain a comprehensive forestry program, and provide excellent service, additional staff S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 17 and or contracted help will be needed. Conversely, if additional support is not obtained, certain programs will need to be displaced, keeping in mind that many natural resource programs involve enforcing city, state, and federal regulations which cannot be displaced by EAB inspections, treatments, and removal costs. The total number of ash trees on public and private land is unknown. The formation of a Shade Tree Disease Control Program with trained inspectors will allow proactive identification of diseased trees that are or will become hazardous. Monitoring and Management If an ash tree is believed to be infested, it is recommended that the city contact the Minnesota Department of Agriculture for proper identification. Removal of infested trees is recommended, and their stumps should be ground out. For more information, check the Minnesota Department of Natural Resources' (DNR) website www.dnr.state.mn.us /. As EAB infestations increase in Shorewood, the City should consider removing and treating ash trees as part of the City's EAB management program. An elevated level of risk associated with the rapid decline of the ash trees typically occurs within three years of infestation. In order to reduce this future risk, Shorewood should begin a three -year staged ash - removal program. Shorewood should make every effort to replace any ash tree that is removed. Since ash make up 16% of the total inventoried tree population, a large amount of benefits provided by these trees will be lost if ash are removed from the population and not replaced. The public will also be more accepting of tree removals if they are being replaced with new trees. Table 6 illustrates the amount of ash trees recommended for removal as part of this three year strategy along with costs estimated from a group of seven reputable tree care companies operating in North America. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 18 Table 6. Three -Year Staged Ash - Reduction Program Diameter size Class Year 1 (Inches) Removal Cost 1 -3 1 4 -6 12 7 -12 78 13 -18 62 19 -24 1 25 -30 2 31 -36 1 37 -42 1 43+ 1 Total 159 ($47,130) Year 2 1 12 78 62 1 1 0 0 _0 156 ($41,825) fear Estimated Estimated Industry Removal Cost 0 $50 12 $3,780 78 $34,320 62 $66,030 1 $1,575 1 $3,380 0 $1,140 0 $1,470 0 $1,850 154 ($41,800) $113,595 Ash are large shade trees that produce significant amounts of benefits for the City. Retaining the City's greatest benefit producing ash trees will decrease the effect of tree population loss overall. Another component of EAB management is treating the remaining desirable ash tree population not only to retain benefits but to curb the amount of tree removals. Shorewood's desirable ash tree population are nineteen inches DBH and greater and in Good or Fair Condition. According to inventory data, 92 ash trees fit the criteria. Table 7 illustrates one year of treatments with estimated costs. Treatments remain effective over a two year span, therefore the city should plan on treating these 92 ash once every two yea rs. Table 7. Biannual Ash Treatments Diameter Size Class First Year Estimated Industry (Inches) Treatment Cost ($10 per Inch DBH) 19 -24 61 $12,810 25 -30 25 $6,750 31 -36 5 $1,700 37 -42 1 $400 Total 92 $21,660 S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 19 Contracting Work Many cities employ private contractors to assist with managing emerald ash borer. Once an EAB plan is established, the time line for management activities usually dictates the amount of personnel required to carry out the plan. Contractors are often hired to preform removals, treatments, and tree planting. Using a request for proposal (RFP) template allows the City to clearly state their needs, and what their requirements are for prospective contractors. A typical RFP gathers the following information from prospective contractors: • Years in business • Years of experience performing duties in contract • References from past work contracts • Names, licenses, and qualifications of employees who perform the work • Ensure training and training content, quality, and consistency with work performed • Available and necessary equipment and staff to perform work • Warranty period and /or guarantee • Pricing and bid information Information gathered from returned RFPs will help City managers narrow the field of contractors and make a decision based on qualities the City sees as being most important. Ordinance Revisions and Policv Development The City's ordinance will need updating to address the presence of EAB and broadened to account for other invasive insects, diseases that man be introduced over time. The intent of the EAB portion of the ordinance update is to initially limit the spread of EAB throughout the city, and once established, to ensure public safety since thousands of standing dead and brittle ash trees will pose a risk to human safety and property. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 20 Ash Debris Handling and Disposal The USDA and MDA have imposed a quarantine that prohibits the movement of any ash logs or firewood of any tree species out of Ramsey and Hennepin Counties. The quarantine is enacted on a large county -wide scale with the assumption that the infestation has spread beyond what is observed. To limit the spread of EAB within the counties, leave infested or non - infested ash trees standing during the EAB active period between May 1St and September 31St This eliminates the movement of infested material during the active period. Regardless of their infestation status, ash pruning and removals should take place during the EAB dormant period between October 1st and April 30th. All wood and brush produced must be processed by May 1st The volume of wood waste generated by thousands of public and private property ash removals will increase significantly once EAB is established in the City. The city will need to establish a Marshaling yard for processing infested material. A Marshaling yard is a disposal site with the purpose to help prevent EAB infested ash wood from being transported out of a newly identified EAB infested are. The yard can be used as staging site for wood processing, such as chipping, grinding, debarking and sawing. The yards also serve as temporary over flow or emergency storage sites when trees are removed. The City should explore opportunities to cooperate with Hennepin Country and other agencies when creating marshaling yards. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 21 Chapter 3: Reforestation The situation many Cities find themselves in today facing widespread tree population loss from EAB, is reminiscent of the 1970s when many of these same Cities were dealing with Dutch elm disease. A reason Dutch elm disease was so devastating for urban forests can be contributed to over planting of elm trees. Urban forests had high percentages of American elm, leaving the entire system exposed to the possibility of massive population loss. Ironically, Cities replaced many of their lost elms with ash trees, thus creating framework for a similar crisis taking place in the future. Today, urban foresters focus on growing sustainable, diverse, beautiful, safe, benefit producing tree populations. S &S Tree and Horticultural Specialists recommend Shorewood replace the trees removed from both the EAB reduction program and Dead /Dying tree removals. City managers should also expect to lose 1% of their total tree population each year from natural mortality. Tree Replacement Replacing Shorewood's lost trees from removals and natural mortality is important for achieving the management goals of this plan. According to inventory data, the city can expect to lose 711 trees over the next five years (Figure 3). These removals include ash trees removed as part of the ash tree reduction program, one percent annual population loss from natural mortality, and the dead or dying trees within the right of way. Appendix A provides framework and breaks down cost for a five year reforestation program. The program aims at replacing all 711 trees in conjunction with their removals during the five year management period. Ideally, 142 trees should be planted annually to offset removals and regenerate tree benefits for Shorewood. The budget estimates the cost for purchase and installation of balled and burlapped trees. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 22 469 140 102 Ash Trees 1% Mortality Dead /Dying Figure 3. Projected street tree population loss over five years Iree Species Selection Shorewood, Minnesota, is located in Zone 4b of the USDA Hardiness Zone Map, which identifies a climatic region where the average annual minimum temperature is between -252 and -202 F. Tree species selected for planting in the city should be appropriate for this zone. In addition to considering site characteristics, such as the availability of space, soil pH, and irrigation, species- specific features must also be scrutinized. Considered seasonal color when planning tree plantings: flowering varieties are particularly welcome in the spring, and deciduous trees that display bright colors in autumn can add a great deal of interest to surrounding landscapes. Above all else, tree species should be selected for their durability and low- maintenance characteristics. These attributes are highly dependent on site characteristics as well as species characteristics. Consider the potential threat of invasive insects and diseases when selecting species. Matching a species to its favored climatic and soil conditions is the most important task when planning for a low- maintenance landscape. Plants that are well matched to their environmental and site conditions are much more likely to resist pathogens and insect pests and will, therefore, require less maintenance overall. Refer to Appendix B for additional tree species and cultivars potentially suitable for planting in Shorewood. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 23 Tree Purchases Tree prices vary based on the species selected, but many nurseries offer trees from 1.5 to 2.5- caliper inches for $150 -$300. As the City works toward planting more trees annually, obtaining a good price for quality trees will become more important and nursery guaranteed stock is crucial. Saving money on the cost per tree will allow a greater number of trees to be purchased. Bare -root planting is typically less expensive than B &B plantings because, in general, the bare -root trees weigh much less than a B &B tree. The reduced weight lowers transportation costs and labor costs. Parks and recreational areas can be planted with even cheaper alternatives such as seedlings with grow tubes. Grow tubes are an accepted and proven method of transplanting and growing trees. Inexpensive tree seedlings can be transplanted and grown with relatively high survival rates. S &S Tree and Horticultural Specialists believe that a good working relationship with a local nursery is very beneficial, but it is equally important that good prices and wide species availability be considered. It is recommended that Shorewood explore local and regional sources for trees, discuss pricing with the current nursery source, and search for nurseries that provide bare -root planting stock. To achieve species diversity, it may be necessary to use several nurseries as sources for trees. 74 Photograph 7. Mulching newly planted trees increases survival rates S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 24 Iree Mulching Mulch should be applied to the soil surface around newly planted trees. Mulch should never be piled up around the root collar (so- called mulch "volcanoes "), but should be pulled away from the root collar. Mulch that buries the root collar provides shelter for insects, fungi, and small mammals that could damage the tree. Mulch should be applied to an area three times the diameter of the root ball to a depth of 2 -4- inches. Mulch not only suppresses competition from grass and weeds, but also provides a zone where turf maintenance is not needed, thereby keeping lawn mowers and string trimmers safely away to prevent mechanical damage. Mulch helps to hold moisture in the surface of the soil where most of the feeder roots established. S &S Tree and Horticultural Specialists, Inc. Consulting Division Page 25 Chapter 4. iTree Eco and Canopy Analysis The i -Tree Eco application was used to determine the overall and net values and benefits of Shorewood's urban forest. i -Tree Eco is a component of i -Tree, a suite of free software tools released by the U.S. Forest Service that can be used to assess and manage community forests. With these tools, cities and urban forest managers can accurately quantify the benefits of urban forests. The i -Tree Eco tool quantifies the benefits of public trees and compares them directly with the costs of urban forestry programs to produce accurate net benefit values. It is a statistically valid, financially sound, and defensible cost - benefit analysis tool for urban forestry that may be used with existing inventories or with a sampling of streets in a community. i -Tree Eco Benefit Categories S &S Tree and Horticultural Specialists entered tree inventory data into the i -Tree Eco model to assess and quantify the beneficial functions of the public tree resource and to place a dollar value on the annual environmental benefits trees provide. Analysis was performed to quantify the following benefits: • Carbon Sequestering— Carbon dioxide (CO2) is used during a tree's photosynthesis process to produce the natural building blocks necessary for tree growth. This process takes CO2 from the atmosphere and holds it as woody and foliar biomass. This is referred to as carbon sequestration. • Air Quality —The air quality of Shorewood's urban environment greatly benefits from the presence of street and other public trees. Trees absorb gaseous pollutants in the form of ozone (03) and nitrogen dioxide (NO2). Reduction in 03 can also be attributed to the tree shading effect on hardscape surfaces and the transpiration process. Trees intercept volatile organic compounds (VOCs), sulfuric dioxide (SO2), and small particulate matter (PM10), such as dust, ash, dirt, pollen, and smoke from the air. Trees also emit biogenic volatile organic compounds (BVOCs), an air pollutant that contributes to the formation of 03, a process that the i -Tree Eco model takes into account. • Avoided Runoff — Shorewood's public tree population reduces the volume of runoff in neighborhoods and citywide. This function and benefit is especially important in developed settings with increased quantities of impervious surfaces (roads, driveways, homes, and parking areas) and in areas in close proximity to surface waters. A tree's surface area, especially the leaf surfaces, intercepts and stores rainfall. The root systems of trees increase soil infiltration, thereby decreasing runoff. Trees also reduce runoff by intercepting raindrops before they hit the ground, reducing soil compaction rates and improving soils' absorptive properties. In addition, trees intercept suburban contaminants, such as oils, solvents, pesticides, and fertilizers, which are often part of runoff, reducing pollutant discharges into the city's vital waterways. Benefits of Shop C W mood's ivnunicipai i'reeL Public trees provide a host of benefits to the City of Shorewood. Public trees conserve energy, reduce carbon dioxide levels, improve air quality, and mitigate runoff. In addition, trees provide numerous economical, psychological, and social benefits. This study uses tree inventory data collected in Shorewood and an i -Tree Eco model to assess and quantify the beneficial functions of the City's public tree resource and to place a dollar value on the annual benefits they provide. Table 8 illustrates the total annual benefits for Shorewood. Table 8. i -Tree Eco Analysis Results for Total Annual Benefits Provided by Shorewood's Inventoried Trees Sequestered Air Benefit Avoided Category Carbon Quality Runoff Total Dioxide Benefits Annual Amount $3,969.83 $3,407.14 $5,539 $12,915.97 Electricity and Natural Gas Results Shorewood's inventoried public trees provide electricity and natural gas savings by creating shade a barrier to slow or redirect wind. Energy savings are a significant benefit that trees provide. Trees can decrease the energy consumption of a typical Shorewood home by 25% through shading and other environment altering effects. Sequestered Carbon Dioxidt Shorewood's public tree resource sequesters nearly 30 tons of carbon dioxide per year valued at a total of $3,969.83 with the average savings per inventoried tree of $1.16. Maple accounts for 24% of these savings while constituting 25% of the total tree inventory. Mature trees of the maple, elm, and ash variety contribute the most to this environmental benefit. Shorewood should continue to maintain these trees to continue receiving these benefits. Planting new trees and maintaining existing ones is the best approach to sustaining benefits. XT ,at Air Quality Improvement Shorewood experiences a net air quality improvement worth $3,407per year, averaging $1 per tree. Shorewood's population of maple helps improve the air the most by eliminating 680 Ibs of pollution each year. The total inventoried tree population works to remove approximately 1.26 tons of pollution annually. Avoided Runoff Shorewood's inventoried tree population helps avoid 82,863 cubic feet of runoff annually producing a value of $5,539. Each tree avoids approximately $1.62 worth of runoff every year. In Shorewood, Silver maple, green ash, and cottonwood effect runoff amounts the greatest. Canopy Analysis Many urban forest managers focus on increasing percentages of canopy cover within their cities. A component of many tree inventories is identifying and mapping vacant planting spots. These data give managers insight on how much opportunity there is for tree planting and further increasing tree canopy percentages. Healthy urban canopy cover benefits the community by Photograph 8. Canopy analysis results indicate Shorewood being 50.5% covered by tree canopy. lowering summer air temperatures, reducing air pollution, reducing heating and cooling costs, increase property values, improving health, wellbeing, learning, and concentration. A single large tree can provide approximately $76 in benefits annually and over $3,000 across a 40 year period. Increasing urban tree canopy increases these benefits. An urban tree canopy analysis was conducted for the City of Shorewood using i -Tree Canopy, a product developed by the U.S. forest service. Within Shorewood's boundaries, 200 random points were surveyed remotely to determine canopy cover. Results from the analysis project an urban tree canopy covering 50.5% of Shorewood which is considered good for an urban area. Table 9 displays i -Tree Canopy calculations of approximate benefits provided by all trees in Shorewood. Table 9. Benefits Provided by all Trees in Shorewood Benefit Description CO Removed Annually NO2 Removed Annually 03 Removed Annually Particulate Matter Removed Annually SO2 Removed Annually CO2 Sequestered Annually CO2 Stored in Trees Val, $276.82 $2,561.60 $89,150.92 $200,210.40 $101.30 $261,209.12 $8,771,607.66 Amount 416.65 lb 4.11 T 29.99 T 12.02 T 899.78 lb 7,223.83 T 242,581.94 T Total $9,325,117.82 249,851.89 T Chapter 5. Private Tree Management Tree Ordinance Review Part of a successful urban forest management program is creating an effective tree ordinance that helps facilitate the community's management goals. Understanding the current state of a city's urban forest is the first step toward developing relevant and effective policies. Decisions can be made based on biological, management goals, and community needs. Upon review of Shorewood's City ordinance, S &S Tree and Horticultural Specialists recommend that changes be made to the City's tree related ordinances to create a framework that better facilitates achievement of Shorewood's urban forestry goals. Cities are moving in the direction of further defining their forestry departments and activities and how they fit with other initiatives and regulations. For Shorewood to begin moving in a similar direction, it must have a defined section within the code that deals with trees directly. The code should include the following subdivisions that further define Shorewood's intentions. • City Forester Duties and Forestry Program • Maintenance and Removal of Trees • Tree Work License • Minimum Height of Tree Limbs • Shade Tree Disease Regulation • Tree Preservation • Nuisance Tree Declaration • Inspections and Investigations • Abuse or Mutilation of Public Trees S &S Tree and Horticultural Specialists created a sample tree ordinance that expands the wording and procedures for each subdivision listed above. We recommend Shorewood integrate this sample and amend their ordinance according to the suggested material. Free Preservation Ordinance Review Shorewood's Tree Preservation Policy covers all aspects of tree preservation at multiple levels. It has straightforward definitions consistent with many other municipal tree preservation ordinances which provide simple and easy to understand requirements for sub - dividers and builders alike. It emphasizes tree protection, preservation of root space, escrow funds, and penalties for failing to address the ordinance. Many communities are concerned about the tear down of smaller homes to make way for much larger homes usually to the detriment of the trees. Trying to find balance between personal rights and community benefits can be challenging. The current Tree Preservation Policy recommends a site visit with the Zoning Administrator before a project begins. Ideally, the Forester would also meet on site prior to provide input on the forest resource with regards to preserving the property's unique characteristics. Choices made by developers can have dramatic impacts on trees and the land they grow on. Guidelines for replanting lost trees are critical for every tree preservation policy. With Shorewood's high percentage of canopy cover, planting for diversity may be more important than planting strictly for canopy coverage. Issues arise when not enough trees can be planted in the area because of lack of space. Cash in lieu funds can be put towards the cost of implementing the forestry program with regards to contractor fees and enforcement. Many checks and balances are in place to make sure escrow funds are held until the completion of the project. The current Tree Preservation Policy is understandable, enforceable and perfectly acceptable for the city's current situation. With a few exceptions some minor changes to specific parts of the ordinance can be found but overall the plan can remain as is. Providing schematics for tree fencing, tree planting, will allow for a more stream -lined and consistent process. Also, a template to sub - dividers and builders can act as a checklist to insure that all aspects of the ordinance are being followed. A planting schedule including type, size, and location of trees to be replanted should also be included within the Tree Preservation Plan. The list of acceptable trees for planting should be removed from the ordinance as it could discriminate against certain tree species which may be a valuable part of the urban forest. All planting schedules should be approved by the Forester before planting. Extending oak wilt dates from the middle of March to the end of June will prevent more oak wilt infection centers from becoming established within the city limits during the high oak wilt season. If oak tree work needs to occur during the high oak wilt season a Forester consultation is recommended to prevent the spread of oak wilt. Consulting with a Forester will help the City determine a safe time to prune oaks. Woody Invasive Plant Management Invasive plants are an unwelcome menace for many ecosystems. Forested urban ecosystems oftentimes have thriving populations of various woody invasive plant species. Human activity, development, and disturbance each contribute to the introduction and spread of invasive plants. Identifying invasive plants in Shorewood and finding ways of educating residents is the aim of this section. Displayed in Table 10 is a list of high priority invasive plants that grow in Shorewood. These plants have the capacity to quickly take over native forest or disturbed areas and severely limit diversity. Shorewood's available control areas are limited to right of ways, parks, and other public property. The majority of invasive plants will be found colonizing private properties throughout the City. Public awareness and educational initiatives focused on identification, effects, and control of woody invasive plants can be an effective management approach. Table 10. High Priority Woody Invasive Plants Common Name Genus species Buckthorn Rhamnus cathartica Honeysuckle Lonicera tatarica Mulberry M orus alba Barberry Berberis thunbergii Russian Olive Elaeagnus angustifolia Amur Maple L Acer gi nala Identifying areas of concern in regards to invasive species could start with surveying parks and other public spaces. Once areas of significant infestation have been identified, a method of control must be chosen. Usually the method of control is depicted by species, area of influence, and species maturity. Buckthorn poses the largest challenge to Shorewood when speaking of woody invasive plants. Methods for buckthorn removal depend on acreage, stem diameter, and location. The most effective method of eradicating buckthorn is cutting and treating freshly cut stumps with herbicide. Further action depends on how established buckthorn was on the site. The activity that accompanies buckthorn removal makes conditions perfect for buckthorn regeneration. The site will need to be retreated with herbicide as buckthorn should be expected to regenerate. The number of retreatments depends on how established the seed bank is within the treatment area. Heavily populated sites with larger diameter buckthorn have well established seed banks, making retreatment necessary for a number of following years. Because most of the Shorewood's woody invasive plants are on private property, encouraging residents to eradicate them from their properties will be essential. Offering workshops on invasive species removal could help educate and influence homeowners to take action. Photograph 9. Dense buckthorn patch growing on the right of way of a street in Shorewood. A major initiative of the Minnesota Department of Natural Resources (MDNR) is community outreach and invasive species control. The MDNR website (www.dnr.state.mn.us) has extensive content pertaining to invasive species management and community education. Shade Tree Disease Program A full- service shade tree disease program can help preserve Shorewood's valuable tree resource and save taxpayers from potentially costly burdens. Without controls in place, shade tree diseases can quickly spread from one area to the next without regards for property lines. Early identification, proper sanitation, and treatment are the backbone of successful programs. Benefits of these programs to communities have been well documented over the years. The City has a shade tree disease ordinance in place that specifically addresses oak wilt and Dutch elm disease. Emerald Ash Borer is not specifically addressed but can be included with the "shade tree with an epidemic disease" group as specified within the ordinance. In the future, anticipation of more shade tree diseases will find their way into our region. Asian long- horned beetle and gypsy moth are a few examples of potential threats. However, as worded, the ordinance sufficiently addresses for these contingencies. Shade tree diseases can have a significant impact on both public and private trees. The majority of urban communities have active shade tree disease suppression programs in place. An active program will involve the services, at minimum, of a Tree Inspector certified by the Department of Natural Resources. Their role will be to canvas the city, actively looking for dead /dying shade trees as well as responding to homeowner calls specifically related to oak wilt, Emerald Ash Borer, or Dutch elm disease. Sound diagnostic tools are a must to succeed at this role as a host of other non - lethal insects and diseases can mimic shade tree diseases. Proper notification of residents with diseased trees and the locations of said trees, including any supporting documentation, will need to be provided to the correct landowner. Re- inspection will be required to insure that all trees are being promptly removed and that full compliance has been met. Delinquent residents will be provided a certified letter stating that the tree(s) will need to be removed by a specific date. If the landowner fails to comply, the city can authorize the removal of the tree and the landowner will be assessed through their property tax. Shade tree disease abatement is an important part of any successful urban forestry management program and the enforcement of existing ordinances is highly recommended to limit harmful impacts to the community and preserve natural resources. Public Education Homeowner Site Visits The contracted forester is able to provide homeowner site visits May through September. This is a budgeted amount of 100 site visits per growing season to be scheduled through city hall. Site visits will be scheduled based on shade tree insect and disease issues such as oak wilt, Dutch elm disease, emerald ash borer, bur oak blight and many other tree related insect or disease issues. Public Education (City Events, Newsletters, Social Media) The contracted forester is able to provide timely public education articles that can be distributed in print or electronically. Following are a list of those items we can provide. • Staff an "Ask the Arborist" booth at city events such as spring or summer events. These could include spring clean up days, open house events, etc. • Shade tree insect or disease information for the newsletter, similar content can be provided for blog posts, social media posts Public Education (Website) Home >Departments> Public works> Forestry Forestry Home Municipal arboriculture is a specialized field of arboriculture and urban forestry that deals with the management of planted and naturally occurring greenspaces on public land in communities. It Involves planning, planting, establishing, protecting, and managing public trees and associated vegetation. We plant and manage trees because they provide significant benefits to our community. Among the most basic reasons for planting trees is for their beauty and the shade they provide. While these are excellent benefits, trees serve many other purposed. The following documents provide in -depth information and research about why trees are important: Midwest Community Tree Guide The Value of Trees The Benefits of Trees City Tree Maintenance The City of Shorewood monitors and maintains the health and safety of trees on public property. Public trees are on a 10 year rotational pruning cycle where certified professionals provide maintenance and mitigate risks in a timely manner. Rotational pruning takes place between December and March, when tree disease transmission is not a concern. High priority tree work will be completed immediately. High priority situations include, hazardous trees or tree parts, sightline impediment, and failed trees on structures. Requests for tree maintenance concerning sightline obstruction, hazard tree or tree part, and diseased trees can be made by contacting the forestry information line at # # # - # # #- Hiring A Professional Arborist Your trees are an investment. Among the many diverse benefits provided by trees are the recordable financial benefits such as increased property values. When the time comes where your trees require maintenance, be sure to hire someone who can do the job responsibly and professionally. A professional arborist will protect your investment and ensure its growth. The City of Shorewood has a list of licensed tree care business that can be used as a starting point when hiring an arborist. When scheduling work with a tree care company, ask if a ISA Certified Arborist will be overseeing work. Although the title of ISA Certified Arborist does not always guarantee high quality, it does indicate a level of professionalism in the tree care industry. Receiving this credential from a professional organization demonstrate a willingness on the part of the arborist to stay up -to -date on the latest techniques and information. Ask for a list of references, and if possible talk to former clients. Experience, education, and a good reputation are signs of a good arborist. The following is a list of some professional organizations. International Society of Arboriculture (ISA) Minnesota Society of Arboriculture (MSA) Tree Care Industry Association Things homeowners should consider when hiring a tree care company Be sure to deal with insured professionals only. Ask for certificates of insurance, including proof of liability for personal and property damage and workers' compensation. Contact their insurance provider to make sure the policy is current. Protect yourself against being held financially responsible if an uninsured worker is hurt on your property or damage is done to your neighbor's property. Door -to -door solicitors offering tree work, especially those not based in the metro should not be dealt with. Improper tree care can take years to correct and may negatively affect the health of the tree. A good tree care professional will: -Offer a wide range of services, including pruning, removal, fertilizing, cabling /bracing, pest control and others -Never ask you to pay in advance -Never use climbing spikes on a healthy tree unless it is being removed from the landscape -Never recommend "topping" a tree. -Never be eager to remove a healthy, living tree. Tree removal is the last resort. - Provide a written contract Shade Tree Disease Control Program The City's shade tree disease control program manages tree diseases such as Dutch elm disease and oak wilt on private and public property, in order to actively prepare for emerging or new threats to the community forest such as emerald ash borer. The city provides Certified Tree Inspectors who scout throughout the summer, and fit in inspection requests from homeowners. Tree disease of concern: Tree insects of concern: Bur Oak blight Emerald ash borer Dutch elm disease Oak wilt Caring for trees -Tree selection Gypsy moth Asian longhorned beetle Selecting the right trees and their planting locations are the two most important decisions a homeowner can make when adding or replacing trees on their property. Trees have the potential to outlive those who plant them so the impact of this decision can last a lifetime. Before selecting a tree, consider the following questions: • What function will the tree serve? • Is the location best suited for a small, medium, or large tree? • Is there enough soil available of sufficient quality to support a mature tree? • How will maintenance be provided as needed? Will someone water, fertilize, and prune the tree? The mantra "right tree, right place" is often used to as a reminder of the importance of planting a tree that satisfies all of the questions above. If the planning is done before planting, trees can be an investment that continues to appreciate as they mature. Find your next tree! - Proper Planting Planting correctly is important for both the short and long term health of your new tree. Improper planting and young tree neglect are the main reason newly planted trees die. After selecting the right tree for the right place, the next step is proper installation. Techniques may vary some whether your tree is balled and burlapped, containerized, or bare root but generally, the following rules about planting new trees will apply. Planting guide • Dig the planting hole three times the size of the root bal • Planting hole should be no deeper than the root mass • Back fill with dirt taken from the hole • Do not cover stem with dirt • Soak with water and apply mulch - Mulching Mulch is valuable for your trees health and care. Newly planted trees benefit greatly from mulch. Mulch insulates the soil helping to provide a buffer from heat and cold temperatures and retains water which helps keep roots moist. Mulch also plays a role in preventing soil compaction and reducing lawn mower damage by providing a barrier between turf and tree. Properly mulching a tree is easy. First, add mulch to the base of your tree by removing any grass within a 3 to 10 foot area depending on the size of your tree. Second, pour natural mulch such as wood chips or bark pieces 2 to 4 inches deep within the circle. - Pruning Tree pruning often will occur throughout a trees life. Trees need to be pruned typically for one of four reasons; structure, safety, aesthetics, or clearance. Structural pruning is most important when the tree is young. Structure pruning should happen right after planting and several years thereafter. "Young tree training" is beneficial in that it corrects any structural defects the tree has early while the problems are small. If left unpruned, these structural defects can grow into large problems down the road. Removing storm damage or a hanging limb is an example of safety pruning. After severe weather, trees are often left with broken branches hung up in their canopies that pose a safety risk for people and property. Removing these branches from trees and correcting any damage caused by storms is accomplished by pruning. Maintaining form and clearing unsightly dead wood from trees is important for keeping up appearance. Raising a tree for pedestrian or vehicle traffic is both important for the trees health and the safety of people. Pruning for building clearance will lessen the chance of damage to buildings and trees. -Tree pest control Pests are a part of the landscape and need to be dealt with whenever they threaten the health or aesthetics of your trees and shrubs. Most pests will not kill whatever their feeding on so the time when pest control is necessary depends on the homeowners damage threshold. However, pests that will kill your trees such as emerald ash borer and oak wilt, must be addressed earlier for prevention. An ISA Certified Arborist will be able to offer insight on your landscape and what pest control measures are necessary. Conclusion Shorewood is on the right path to a sustainable urban forest. The recommendations of this report can be used to guide the City's public tree management strategy, promoting a valuable asset with numerous qualities. By strengthening its network with partners and urban forest managers, Shorewood will help to develop the relationships and resources it needs to achieve its urban forestry goals. Shorewood has a tree population in relatively Good condition that adds to the beauty and livability of the city. As trees get older, they become increasingly inefficient in withstanding the inherent stresses of an urban environment and are subject to decline without professional and regular management. Keeping that in mind, Shorewood should strive to achieve the goals of this Management Plan. TREE AND HORTICULTURAL SPECIALISTS, INC. a DA • VEY. company Jon Schmidt Certified Arborist/ Municipal Specialist WI- 0869AM S &S Tree and Horticultural Specialists, Inc. Consulting Services Division A Davey Company 405 Hardman Avenue South St. Paul, MN 55075 www.sstree.com 1651.451.8907 Appendix A `Removal Costs for Natural Mortality is based on the average inventoried tree size ,$25 1 -3" $0 6 S150 $150 4 -6" $105 $0 22 S2.310 $2,310 7 -12" $220 $0 45 S9.900 $9,900 13 -18" $355 15 $5,325 $5,325 19 -24" $525 9 $4,725 $4,725 25 -30" $845 2 $1,690 $1,690 31 -36" $1,140 2 $2,280 $2,280 37 -42" $1,470 1 $1,470 $1,470 43"+ $1,850 1 $1,850 $1,850 Activi Totals 30 $17,340 73 $12,360 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $29,700 Poor $3 518 $1,554 518 $1,554 518 S1.554 518 $1,554 518 S1.554 518 $1,554 518 S1.554 518 S1.554 518 $1,554 518 $1,554 $15,540 Private Calls $65 100 $6.500 100 S6.500 100 6.500 100 $6,500 100 S6.500 100 $6,500 100 S6.500 100 S6.500 100 $6,500 100 $6,500 $65,000 $0 $0 $0 $0 $0 $0 $0 Activit Totals 618 $8,054 618 $8,054 618 $8,054 618 $8,054 618 $8,054 618 $8,054 618 $8054 618 $8,054 618 $8,054 618 $8,054 $80,540 1 -3" $25 1 $25 1 $25 1 $25 1 $25 1 $25 1 $25 1 $25 $0 $125 4 -6" $105 4 $420 4 $420 4 $420 4 $420 4 $420 4 $1,680 4 $1,680 $0 $2,100 7 -12" $220 38 $8,360 38 $8,360 38 $8,360 38 $8,360 38 $8,360 38 $8,360 38 $8,360 $0 $33,440 13 -18" $355 27 $9,585 $0 25 $8,875 56 $19,880 27 $9,585 27 $9,585 27 $9,585 $0 $47,925 19 -24" $525 1 $525 $0 $0 $0 4 $2,100 1 $525 1 $525 $0 $2,625 25 -30" $845 2 $1,690 $0 $0 $0 4 $3,380 1 $845 1 $845 $0 $5,070 31 -36" $1,140 1 $1,140 $0 $0 $0 1 $1,140 1 $1,140 1 $1,140 $0 $2,280 37 -42" $1,470 1 $1,470 $0 $0 $0 1 $1,470 1 $1,470 1 $1,470 $0 $2,940 4311+ $1,850 1 $1,850 $0 $0 $0 1 $1,850 1 $1,850 1 $1,850 $0 $3,700 Activit Totals 76 $25,065 43 $8,805 68 $17,680 1 99 $28,685 81 $28,330 75 $25,480 75 $25,480 0 $0 0 $0 0 $0 $100,205 -6" $50 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 7 -12" C4 $100 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 13-18" $160 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 19 -24" $210 31 $6,510 30 $6,300 31 $6,510 30 $6,300 31 $6,510 30 $6,300 31 $6,510 30 $6,300 31 $6,510 30 $6,300 $64,050 25 -30" $270 13 $3,510 12 $3,240 13 $3,510 12 $3,240 13 $3,510 12 $3,240 13 $3,510 12 $3,240 13 $3,510 12 $3,240 $33,750 31 -36" $340 3 $1,020 2 $680 3 $1,020 2 $680 3 $1,020 2 $680 3 $1,020 2 $680 3 $1,020 2 $680 $8,500 37 -42" $400 1 $400 $0 1 $400 $0 1 $400 $0 1 $400 $0 1 $400 $0 $2,000 43 "+ $590 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Activit Totals 48 $11,440 44 $10,220 48 $11,440 44 1 $10,220 48 $11,440 44 $10,220 48 $11,440 44 1 $10,220 48 $11,440 44 $10,220 $108,300 Purchase $250 28 $7,000 14 $3,500 11 $2,750 11 $2,750 16 $4,000 12 $3,000 11 $2,750 65 $16,250 1 75 $18,750 79 1 $19,750 $80,500 Instalation $250 28 $7.000 14 $3,500 11 $2,750 11 $2,750 16 $4,000 12 $3,000 11 $2,750 65 $16,250 75 $18,750 79 $19,750 $80,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Activi Totals 56 $14,000 28 1 $7,000 22 $5,500 22 $5,500 32 $8,000 24 $6,000 22 $5,500 130 $32,500 150 $37,500 158 $39,500 $161,000 1 -3" $20 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 -6" $30 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 7 -12" $75 $0 91 $6,825 91 $6,825 91 $6,825 91 $6,825 91 $6,825 91 $6,825 91 $6,825 91 $6,825 90 $6,750 1 $61,350 13 -18" $120 $0 40 $4,800 40 $4,800 40 $4,800 40 $4,800 40 $4,800 40 $4,800 40 $4,800 40 $4,800 39 $4,680 $43,080 19 -24" $170 1 $0 25 $4,250 25 $4,250 24 $4,080 24 $4,080 24 $4,080 24 $4,080 24 $4,080 24 $4,080 24 $4,080 $37,060 25 -30" $225 $0 18 $4,050 35 $7,875 18 $4,050 18 $4,050 18 $4,050 18 $4,050 17 $3,825 17 $3,825 17 $3,825 $39,600 31 -36" $305 $0 10 1 $3,050 10 $3,050 10 $3,050 10 $3,050 10 $3,050 9 1 $2,745 9 $2,745 9 $2,745 9 $2,745 $26,230 37 -42" $380 $0 4 $1,520 4 $1,520 4 $1,520 4 $1,520 4 $1,520 4 $1,520 4 $1,520 4 $1,520 3 $1,140 $13,300 43 "+ $590 $0 3 $1,770 3 $1,770 3 $1,770 3 $1,770 3 $1,770 3 $1,770 2 $1,180 2 $1,180 2 $1,180 $14,160 ctivi Totals 0 $0 191 $26,265 208 $30,090 190 $26,095 190 $26,095 190 $26,095 189 $25,790 187 $24,975 187 $24,975 184 $24,400 $234,780 1 -3" $20 $0 28 $560 42 $840 53 $1,060 36 $720 38 $760 39 $780 39 $780 88 $1,760 151 $3,020 $10,280 4 -6" 1 $30 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 7 -12" $75 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Activi Totals 0 $0 28 $560 42 $840 53 $1,060 36 $720 38 $760 39 $780 39 $780 88 $1,760 151 $3,020 $10,280 OWAMMM Removals $355 0 $0 0 SO 0 SO 0 $0 0 $0 0 $0 0 SO 0 SO 0 $0 0 $0 $0 Activi Totals Activity Grand Total 0 828 $0 0 1,025 $0 0 00. $0 0 1,026 $0 0 1,005 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 i $75,899 $73,264 0• `Removal Costs for Natural Mortality is based on the average inventoried tree size Appendix B Recommended Trees for Southeast Minnesota (Conifers) 'AlI larches maybe considered for street use, particularly in tough sites. They are deciduous conifers (losing their needles in the autumn), which creates a rather coarse winter habit. Japanese larch is the least winter hardy; American larch does the best on wet sites; European larch has the most refined growth habit; Siberian larch is an excellent shelter be tree. t1NNER5ITY OF MINNESOTA VUEMON htto: / /www.extension.0 mn.ed u /distribution /natu ra Iresources /DD6574.htmI Under Height Width Street utility Shade Notable Notable Species (feet) (feet) Shape Fall Color use? lines? Tolerance Flower Cone Other Notes Cedar, white [Thuja occidentalis] 15+ 6+ Pyramidal Green No Yes Partial No Yes Native to Blufflands and Twin Cities Highlands. Cultivars:'Techny, 'Brandon'. Native to all of Southeast Minnesota. Tolerates hot and dry sites; produces a cone that Cedar, red [Juniperus virginiana] 15+ 6+ Pyramidal Green No Yes No No Yes looks like a blue -green berry. Cultivar:'Canaerdi'. Fir, balsam [Abies balsamea] 40+ 20+ Pyramidal Green ' No No Yes No Yes Native to Blufflands and Anoka Sand Plain. Not very drought /heat tolerant. - Fir, white [Abies concolor] 30+ 20+ Pyramidal Green /Blue No No Partial No Yes Good fir for the urban landscape; more tolerant of heat and drought, but not heavy soils. A better fit than balsam for the southern part of the state; requires more moisture and Fir, fraser [Abies fraseri] 30+ 20+ Pyramidal Green /Blue No No No No Yes nutrients than white. Douglas -Fir [Pseudotsuga menziesii var. glauca] 40+ 20+ Pyramidal Green No No No No Yes Does best in south half of the region. Larch, American [Larix laricina] = 40+ 20+ Pyramidal Yellow Sometimes' No No No Yes Native to all areas of Southeast Minnesota except the Rochester plateau. Larch, European [Larixdecidua] 40+ 20+ Pyramidal Yellow Sometimes' No No No Yes Larch, Japanese [Larix kaempferi] 40+ 20+ Pyramidal Yellow Sometimes' No No No Yes Larch, Siberian [Larixsibirica] 40+ 20+ Pyramidal Yellow Sometimes' No No No Yes Pine, eastern white [Pinus strobus] 40+ 20+ Pyramidal Green No No No No Yes Native to Blufflands and Anoka Sand Plain. A novelty tree, due to its irregular growth Pine, jack [Pinus bankisiana] 35+ 25+ Irregular Green No No No No Yes habit; does better than many other trees in poor, sandy soils. Pine, red (Norway) [Pinus resinosa] 40+ 25+ Pyramidal Green No No No No Yes Native to Anoka Sand Plain and Twin Cities Highlands. The Minnesota state tree. Pine, ponderosa [Pinus ponderosa] 40+ 25+ Pyramidal Green No No No No Yes Pine, Scots [Pinus sylvestris] 30+ 25+ Irregular Green /Blue No No No No Yes Unique shape as it gets older; orange bark. Spruce, black [Picea mariana] 30+ 15+ Pyramidal Green No No Partial No Yes Native to all of Southeast Minnesota. Spruce, Black Hills [Picea glauca var. densata] 40+ 20+ Pyramidal Green No No No No Yes Better heat and drought tolerance than some other spruces. Spruce, Norway [Picea abies] 40+ 20+ Pyramidal Green No No No No Yes Needs wind protection; large, showy cones. Spruce, white [Picea glauca] ' 40+ 20+ Pyramidal Green No No No No Yes Native to Blufflands and Anoka Sand Plain. Avoid hot, dry sites. 'AlI larches maybe considered for street use, particularly in tough sites. They are deciduous conifers (losing their needles in the autumn), which creates a rather coarse winter habit. Japanese larch is the least winter hardy; American larch does the best on wet sites; European larch has the most refined growth habit; Siberian larch is an excellent shelter be tree. t1NNER5ITY OF MINNESOTA VUEMON htto: / /www.extension.0 mn.ed u /distribution /natu ra Iresources /DD6574.htmI Recommended Trees for Southeast Minnesota (Conifers) Other Notes Species Cedar, white [Thuja occidentalis] Native to Blufflands and Twin Cities Highlands. Cultivars: 'Techny', 'Brandon'. Native to all of Southeast Minnesota. Tolerates hot and dry sites; produces a cone that looks like a blue -green berry. Cedar, red [Juniperus virginiana] Cultivar: 'Canaertii'. Fir, balsam [Abies balsamea] Native to Blufflands and Anoka Sand Plain. Not very drought /heat tolerant. Fir, white [Abies concolor] Good fir for the urban landscape; more tolerant of heat and drought, but not heavy soils. Fir, fraser [Abies fraseri] A better fit than balsam for the southern part of the state; requires more moisture and nutrients than white. Douglas -Fir [Pseudotsuga menziesii var. glauca] Does best in south half of the region. Larch, American [Larix laricina] Native to all areas of Southeast Minnesota except the Rochester plateau. Larch, European [Larix decidua] Larch, Japanese [Larix kaempferi] Larch, Siberian [Larix sibirica] Pine, eastern white [Pinus strobus] Native to Blufflands and Anoka Sand Plain. A novelty tree, due to its irregular growth habit; does better than many other Pine, jack [Pinus bankisiana] trees in poor, sandy soils. Pine, red (Norway) [Pinus resinosa] Native to Anoka Sand Plain and Twin Cities Highlands. The Minnesota state tree. Pine, ponderosa [Pinus ponderosa] Pine, Scots [Pinus sylvestris] Unique shape as it gets older; orange bark. Spruce, black [Picea mariana] Native to all of Southeast Minnesota. Spruce, Black Hills [Picea glauca var. densata] Better heat and drought tolerance than some other spruces. Spruce, Norway [Picea abies] Needs wind protection; large, showy cones. Spruce, white [Picea glauca] Native to Blufflands and Anoka Sand Plain. Avoid hot, dry sites. 1 All larches may be considered for street use, particularly in tough sites. They are deciduous conifers (losing their needles in the autumn), which creates a rather coarse winter habit. Japanese larch is the least winter hardy; American UNIVERSITY of MINNESOTA • http: / /www.extension.umn.edu/ distribution /naturalresources /DD6574.html Appendix C Recommended Trees for Southeast Minnesota (Deciduous Species Height Wdth(feet) Shape Fall Color Under Shade Notable Notable Street use? utility Tolerance Flpwer Fruit OUter Notes 16+ Round (feet) CMalpa, northern[Catdpa spxiosa] 4. lines? Alder, European black[Alnus glutinosa] 1St 15+ Pyramidal Green Yes ND Partial No Yes Aprkot,Manchurian[Prunus armeniaca var. M andsh.—I 15+ 15+ Round Vellow /Orange Ves Ves No Ves Ves C ultivars:'SUngold','M ... gold',' Manchu'. May need winter protection fmmrabbits. Birch, paper[Betula papyrif,.] 40t 2. Oval Yellow Yes ND ND ND No Nad Wall of Sr uffi— Minnewta. Pefforms bestwhere ro tW-mis cool and shaded, and freefrom grass w tt ion. Ater -ive, vfrliadngwhit, bark. Birch, river [Betula i1 46+ 36+ Oval Vellow Sometimes No Partial No No Native to the Blufdands and Twin Cities Highlands. Use single stemmed for street use. Bark is attractive, exfoliatin& copper colored. Common birch is recommended. Culdvars:'Heritage. Buckeye, ON.[Aesculus glabra] 2. 2. Oval YeIIDw /Orange Sometimes Sometimes Partial Yes Yes Burning Bush [EUOnymus A-1 16+ 16+ Round Red No Ves Partial No Ves CMalpa, northern[Catdpa spxiosa] 4. 2. Oval Yellrw/Brrwn Sometimes ND Partial Yes Yes Cherry, sour [Prunus cerasus� 16+ 16+ Round Vellow Ves Ves No Ves Ves Cherry,Amurchoke[Prunus rn a lki� 2. 18t Oval Maroon Sometimes Yes No Yes Yes Cherry, black [Prunus semtin 1 46+ 26+ Oval Vellow/Red Ves No Partial Ves Ves CoHeetree, geMUCky[Gymnrdadus diricusj SOt 31 Oval Yellow Yes No No No Yes C oHeetre ... ESpresso'[Gymnrcladus diricus'ESpressr'] 56+ 35+ Vase Vellow Ves N' No No CMfif—ree,'S lyM..,'[Gymnocladus dioicus'Stately Manor'] 5" 30t Oval Yellow Yes No No No No CorMree, Amur[Phellodendmn amurensej 36+ 36+ Round Vellrw Ves No No No Ves Corktre., 5akhain[Phellydendron sachAinensis] 30t 25t Round YeIIDw Yes No No No Yes C.1dZ,'Macho'[Phellydendrrn amurense'Macho'] 46+ 4' Vellrw Ves Ves No no no Co rktree,Shademarter[Phellodendron amurense Shadem ] 3. 30t Round YeIIDw Yes Yes No no no C. =., 'RN Majesty' [Phellodendrrn amurense'His Majerty� 46+ 35+ Rrund Vellrw Ves Ves No . Crabapple[W ] q� lot R. Round YeIIDw Sometimes Yes No Yes Yes Dogwood, Pagoda[COrnus Aternifdiaj 12+ 16+ Oval Maroon Sometimes Ves Ves Ves No Eartern Wahoo[E —ymus atropurpureu5] lot lot Irregular Red No Yes Partial No Yes Elm,' Cathedral' (Ulmus pumila hybrids 46+ 46+ Vase Vellrw Ves No No No No Etn, IA Iade'[Ulmus japonica hybrid] 60t 4. Vase Yellow Sometimes No No No No Elm, 'Patriot'[Ulmus wilsoni hybrids 46+ 46+ Irregular yellow Y's No No no no Ekn,'New Horbon' [Ulmus pumila hybrid] 40t 40t Irregular yellow Yes No No no no Elm,' Princeton' [Ulmus americana'Princeton'� 66+ 4B Vase Vellrw Y's No No no no Ekn,'Valley FOrge'[Ulmus amerirana'Valley Forge] 60t 40t Vase Yellow Yes No No no Elm, Jacan Japanese[Ulmus Japonica selections 36+ 25+ Vase Vellrw Y's No No No Ginkgo[Ginkgo bilrbaj 40t 20t Pyramidal Yellow Yes No No No Yes Hackberry[Celtis occidentalis� 46+ 36+ Oval Vellrw Y's No No No Y's Hawshorn ,thornless.1b,pur[Crataegus crusgalli var. inr-N] 1St 20, Irregular Yellow Yes Yes No Yes Hawthorn, downy[C, —gus mollisj 26+ 26+ Round Vellow/Red Ves Ves No Ves Hickory, shagbark [CaZ ovam] 60t 20t Oval Yellow Sometimes No Partial No Hickory, bi"'u[[Carya cordiformis] 56+ 36+ Oval Vellrw Sometimes No Partial No Honeylocurt,thornless[Gleditsia triacanthrs var. inr-N] 40t 40t Round Yellow Yes No No No Hop Tree [Ptelea trifoliatal 16+ 16+ Round Yellow/Brown No Ves Ves Ves HWhornbeam(lromvood)[OStrya virginiana1 30, 25t Pyramidal Yellow Yes Sometimes Yes Yes Hornbeam, Amedi (Carpinusc .Ifimianaj Lilac, Japanese 15+ 15+ 1St 12+ Oval Oval Yellow /Orange /Maroon Ves Ves Ves No Yellow Yes Yes No Yes to [Syringa-icul —d Linden, littleleaf ( Tilia w data 35+ 26+ Pyramidal Vellow Yes No Partial Yes Linden, Crimean [Bill. x euchlora] 40t 20t Oval Yellow /Green Yes No PardaI Yes Linden, American [ Tilia ameriana� 56+ 25+ peal Vellrw Yes No Partial Ves Linden, Redmo: [ilia hybrid] SOt 21 Pyramidal YeIIDw Yes No Partial Yes Maackia, Amur [Maa Ha amurensisj 26+ 26+ Round Green Yes Ves Partial Ves Magnolia, cucu ftree[Magndia acuminate] 40, 25t Pyramidal YeIIDw Yes ND Pardal No Maple, Amur[AC ginnala�' 15+ 15+ Irregular Vellow/Red Yes Ves Partial Ves Maple, red[ACer rub,um], 40t 30t Oval Y, ./R, Yes No Pardal Yes Maple,freeman[ACersaccharinumx A. rub,uml' 45+ 26+ Oval Vellow/Red Ves No No No Maple, Sh.nturg[AC t,unr d' 2' 25t Round Yellrw/Red/Marrrn Yes Yes ND No Maple, tatarian[AC tatari—d' 26+ 18+ Round Yellow/Red/Maroon Ves Ves Ves No Maple,sugar[ACer sac!,a rn]' 40t 30t Oval Yellrw/Red Yes No Yes No Maple,'Sienna Glen'[ACerx freemanii'Sienna'� 56+ 36+ Oval Red Ves No Ves Mountain ASh, gorean[SOrbus Anifolia] 2' 20t Oval YeIIDw Yes Yes No Yes Oak, whit.[Quercus albal 56+ 46+ Oval Red /Brown Ves No No No Oak,bur[Quercusmacrorarpa] SOt SOt Round Brown Yes No Partial No Oak, bicolor [Quercus bicolor 46+ 36+ Oval Yellow/Brown Ves No Partial No Oa k,black[Quercusvelutin,d SOt 30t Pyramidal Red /Brown Yes No No No Oak, red[Quercusrubraj 56+ 46+ Pyramidal Red Ves No No No Oak, northern pin[Quercusellipsridalis] 40t 2' Pyramidal Orange/Brown Yes No No No Pear, USSurian[Pyrus ussuriensi,l 25+ 25+ Round Yell../Orange Ves Sometimes No Ves Serviceberry, AWgherry[Amelanchier Jae ] 1St lot Round Yellow /Orange/Red Yes Yes Partial Yes Serviceberry, downy [Amelanchier arboreal 26+ 16+ Oval Yell../Orange /Red No Ves Partial Ves Viburnum, nannyberry Mburnum lentagr] 12+ 6+ Oval Red /Maroon Sometimes Yes Yes Yes 'All of these maples are sensitive W deicing salt. All maples perform better in lawn or park settings, and in groups, rather than specimens in fully exposed boulevard settings. Planting with the,, collar at ground line N important to see and t— stem girdling root syndrome. tXftYBIVN hCpj/v+v+w. extension. umn. e du/ dirtribud on /namralresrurces/DD65J4.html Suitable for planting under some utility lines (primaries; deicing salttrlerant. Cultivar:'Aummn Splendor. Salt tolerant. Red fall color develops best in full sun. Interesting corky bark. May need winter protection from rabbits. Intermediate salttrlerance. Due to me�syfruit a better tree for parks than moststreecs. Culdwars:'NOrth Star,'Meteor. Fruit may cause problems if near pavement. All cherries may need winter protection from rabbits. Ha potential as a meet tree where budgets allow for early and frequent formalise pruning. Probably better, as a park tree. A cery attractive, red - copper, peeling bark All cherries may need winter, protection from rabbits. Native to all of South Minnesota. All cherries may need winter protection from rabbits. Nadve tr all rf Srutheaff Minnesota Female trees produce pads, but male trees do not late tr leaf rut in spring. Sakhalin N more difficult tr find, but a better, landscape tree due tr its upright habit. Performs well in poor soils. Malecultivarsonofruit. Mrrecrmpactsize. All the other, attributes rfc kbr, Excellent boulevard tree. More uprightthan'M echo' .,the species. Culdvars:' Adams ,'Calrcarpa','David','Drnald Wyman','DOlgr','Harvest Gold','PrairieRre','Prrfessrr Sprenger. Due W the manyvarietie. rf crabapples available, you can almost cusmmur the tree m the site. Select a variety that is disease tolerant, slower growing. and non - suckering. Because rf the maintenance involved with crabapples, many rf the varieties are bestsuited for parks; these culdvars may be considered for street use, however. All crabapples may need winter, protection from rabbits. Native to all of South Minnesota. Native W all rf Souffi 4Minnesota. Fall color develops best in full sun. May need winter, protection from rabbits. Upright grower; excellent resi tan to DED; fart grower. Excellentresismnce to DED; fastgrow very cold hardy. r� Good resistance m DED; been around a long time; looks like an American elm. Excellentresistance to DED; looks likean American elm. — These elms a,, Dutch Elm Disease resistant, and have a shape similar W American elm. Female trees produce a foulsmelling fruit Deicing salttolerant. Cultirar5:'Autumn Gold' is a male and produces no fruit Native to all of South Minnesota. Interesting corky bark. Dres better than many other, trees in alkaline soils. Sensitive tr spray salt. Common hackberry N recommended over cultvars. May need winter, protection from rabbits. Native to all of Southeart Minnesota. May need winter, protection from rabbits. Nadve to Oak Savannah and Bluffl n& Native to all of Southeart Minnesota. Nadvetr all rf Srutheaff Minnewta. Fruit podsou on female trees. CUltivars:' Shademaster ,'Skyline,'SUmmerlace'. This tree does well in wet sites, as well as drained sites. Nadve tr all of Srutheaff Minn Very mrng-wrrded and tough tree for the landscape; it needs watering during dry summers, though. Culdvars :'IVOry Silk','SUmmersnoW. Bark has attractive lendcels. Deicing salt mlerant Cultiv acs:'MOrden','SharncW,'NOrlin'. All lindens are sensitive W deicing K. All lindens are sensitive to deicing salt in- Native to all of South Minnesota. Common linden N recommended over culdvars. All lindens are sensitive tr deicing salt All lindens are sensitive tr deicing salt Drought tolerant, and soil pH adaptable. Sensitive tr deicing salt run -off. Can spread. Do not plant near natural areas. Select a culdvar for better foliage, summer and autumn. May need win-p--mn from rabbits. Nadveto Big Woods, Anoka Sand Plain, Twin Cities Highlands, and Bluffl n&Culdvars:'NOMwood','Olson'are worthatry. Common mapleN recommended over cultvars. This hybrid probably occurs naturally where silver maple and red maple grow together. May be invasive near natural areas. Nadve Wall of Soud, a Minn— Common sugar maple from a nearby seed source recommended over cult, Bert Freeman maple for form. Excellent performance on urbanized soils /sites. Srrbus N tolerant rf deicing It spray. Native to all of Southeart Minnesota. More oak wilt resistant than red oaks; toleates partial shade when young. Nadve tr all of Southeast Minn,—. More oak wilt resismnt than red oaks; one of the best trees for urban sites. Native to all of Southeart Minnesota. M ore oak wilt resistant than red oaks; needs an addwn utal soil; adapts better than other, oaks tr heavy /wet soils. Nadve tr Bluffiands. Susceptible tr ..k wilt. Native to all of Southeart Minnesota. Susceptible to oakwilt. Nadve [r all rf Srutheaff Minnesota. Susceptible to oakwilt; prefers acidic soils. Fruit is not edible. Very cold hardy. Cultivar:'Prairie Gem'. Nadve tr all rf S.utheaff Minnesota. Cultivars:'Cumulue,,'Prince Charles','Princess Diana','AuW mn Brilliance'. Tolerant rf spray salt. Native to Nufdands. Recommended Trees for Southeast Minnesota (Deciduous) Species Other Notes Alder, European black [Ain.. gl.tin ... ] Apricot, Manchurian[Pmnus- m- nmi.c. var. M.ndsh.ric.] C .Itiv.r.:'S.ngold','Moongold',' Manchu'. May need winter protection from rabbits. Birch, paper [Betula p.pyrifer -] Native to all of5outheast Minnesota. Performs best where root system is mol and shaded, and free from grass competition. Attractive, exfoliating white bark. Birch, river [Betula nigm] Native to the BI.fB.nd. and Twin Cities Highlands. Use single stemmed for street use. Bark is attractive, exfoliating, copper colored. Common birch is recommended. Cultiv- r.:'He,U.ge'. Buckeye, Ohio [Ae.nIn, gl -bra] Burning Bush [Euonymus l.t.] Catalpa, northern [Catalpa sped,. -] Cherry,sour[P,,n.. ....... ] Cherry, Amur choke [Prunus m ... kii] Cherry, black[ Prunus ....tin.] Coffeetree, Kentucky [Gymnodadus did ... I Coffeetre e,'Espresso' [Gymnod -du. dioin.'E.p ...... I Coffeetree,'Stately Mawr' [Gymnodadus dioin,'St -tely Manor'] Corktree, Amur [ Phellodendron amurense] Codctree, Sakhalin [Phellodendron s,,h,li .... is] Corktree,'Macho' [Phellodendron amur — 'M.cm'J Codctree, Shademaster [Phellodendron amurense Sh-dem aster] Corktree,'His Majesty' [Phellodendron m.m—'Hi, Majesty'] Crabapple [M -l..] Dogwood, Pagoda [Comm, alt,,nifbli,l Eastern Wahoo [Euonymus at,,p,,p,,,,,] Elm ,'Cathedral' [Ulm., pumila hybrid] El m,'Accolade'[Ulm,, japonica hybrid] Elm,'Patriot' [Ulmus wilsoniana hybrid] Elm,'New Horizon' [Ulm,s pumila hybrid] Elm,' Princeton' [Ulm...meric.n.'Princeton'] Elm,'Va. ey Forge' [Ulm,s - meric.n.'V -Iley Forge'] Elm, Jacan Japanese [Ulm., japonica selection] Ginkgo [Ginkgo biloba] Hackberry [Celti. occident.li,] Hawthorn, thornless cockspur[Cmt- eg ...... g- Ili var. inermis] Hawthorn, downy [Cmt.eg.. molli.] Hickory , shagbark [Cary- ov-t.] Hickory, bitternut [Cary. mrdiformi.] Honeylocust, thornless [Gleditsi- tri ... nth o. var. inermis] Hop Tree [ Ptele. trifoliate] Hophornbeam (Ironwood) [Ost y. virgini -n-] Hornbeam, American [C.rpin.. c ... liniana] Lilac, Japanese tree [Syringe reticulate] Linden, little leaf [Tili. cordate] Linden, Crimean [Tili. x e,,hl,,,] Linden, American [Till. americans] Linden, Redmond [Tili- hybrid] Maackia, Amur [ M...ki. am —n,i,J Magnolia, cucumbertree [Magnolia acuminate] Maple, Amur [Auer ginn.l.]' Suitable for planting under some utility lines (primaries); deicing salt tolerant. C.Iti ... :'A,t.m. Splendor. Salt tolerant. Red fall color develops best in full sun. Interesting corky bark. May need winter protection from rabbits. Intermediate salt tolerance. Due to messy Fruit, a better tree for parks than most streets. Cultiv.r.:'North St.r,'Meteor. Fruit may .... e problems if near pavement. All cherries may need winter protection from rabbits. Has potential as a street tree where budgets allow for early and Frequent Formative pruning. Probably better as a park tree. Avery attractive, red - copper, peeling bark. All cherries may need winter protection from rabbits. Native to all of Southeast Minnesota. All cherries may need winter protection from rabbits. Native to all of5outheast Minnesota Female trees produce pods, but male trees do not Late to leaf out in spring. Sakhalin is more di ficuk to find, but a better landscape tree due to its upright habit. Performs well in poor soils. Male c.ltiv -r.o no fruit. More compact size. All the other attributes of corktree. Excellent boulevard tree. More upright than'Macho'or the species. Cultivars:' Adams ','Calocarpa,'David','D...Id Wyman ,'Dolgo','H —st Gold','Prairiefire','Professor Sprenger. Due to the many varieties of crabapples available, you can almost customize the tree to the site. Select a variety that is disease tolerant, slower growing, and non - suckering. Because fthe maintenance involved with crabapples, many fthe varieties are best suited for parks; these cukivars may be considered for street use, however. All crabapples may need winter protection from rabbits. Native to all of Southeast Minnesota. Native to all of5outheast Minnesota. Fall color develops best in full sun. May need winter protection from rabbits. Upright grower; excellent resistance to DED; fast grower. Excellent resistance to DED; fast grower; very cold hardy. Good resistance to DED; been around a longtime; looks like an American elm. Excellent resistance to DED; looks like an American elm. These elms are Dutch Elm Disease resistant, and have a shape similar to American elm. Female trees produce a foul- smelling Fruit. Deicing sak tolerant. C.Itivars:'A.t.m. Gold' is a male and produces no fruit. Native to all of Southeast Minnesota. Interesting corky bark. Does better than many other trees in alkaline soils. Sensitive to spray sak. Common h-ldn ry is recommended over cukivars. May need winter protection from rabbits. Native to all of Southeast Minnesota. May need winter protection from rabbits. Native to Oak Savannah and Bluf ..ds. Native to all of Southeast Minnesota. Native to all of Southeast Minnesota Fruit pods occur on female trees. Cukivars:Shademaster,' Skyline','Summerlace'. This tree does well in wet sites, as well as drained sites. Native to all of5outheast Minnesota. Very strong- wooded and tough tree forthe landscape; it needs watering during dry summers, though. Cultiv- rs:'l —y Silk','S.mmersnovf. Bark has attractive lenticels. Deicing salt tolerant. Cultiv. r.:'Morden','Shammck','Norlin'. All lindens are sensitive to deicing salt. All lindens are sensitive to deicing salt. Native to all of Southeast Minnesota. Common linden is recommended over c.ltiv -rs. All lindens are sensitive to deicing salt. All lindens are sensitive to deicing salt. Drought tolerant, and soil pH adaptable. Sensitive to deicing salt run -off. Can spread. Do not plant near natural areas. Select a nitiv.r for better foliage, summer and autumn. May need winterpmtection from rabbits. Maple, red [Acer r.br.m]' Native to Big Woods, Anoka Sand Plain, Twin Cities Highlands, and Bluf ..ds. Cukivars:'Northwood','Olson' are worth a try. Common maple is remmmende] over cukivars. Maple, freeman [A.er..cch.rin.m x A. mbr,m]' This hybrid probably occurs naturally where silver maple and red maple grow together. Maple, Shantung [Acertmnnt,m]i Maple, tatarian [Auer t.t.dc.m]' May be invasive near natural areas. Maple, sugar [A ....... h ... m]' Native to all of5outheast Minnesota. Common sugar maple from a nearby seed source recommended over nkivars. Maple,'Sienna Glen'[Acerx freem- nii'Sienn.'] Best Freeman maple forform. Excellent performance on urbanized soils /sites. Mountain Ash, Korean [Sorb,, al,iF li,J Sorbs is tolerant of deicing salt spray. Oak, white [querns alb.] Native to all of Southeast Minnesota. More oak wilt resistant than red oaks; tolerates partial shade when young. Oak, bur [querns m-b—, rp-] Native to all of5outheast Minnesota. More oak wilt resistant than red oaks; one ofthe best trees for urban sites. Oak, bicolor [querns bicolor] Native to all of Southeast Minnesota. More oak wilt resistant than red oaks; needs an acidic- neutral soil; adapts better than other oaks to heavy /wet soils. Oak, black [Querns vel,tin -] Native to Bluffands. Susceptible to oak wik. Oak, red [querns rubs] Native to all of Southeast Minnesota. Susceptible to oak wilt. Oak, northern pin [Querns ellipsoid -lis] Native to all of Southeast Minnesota. Susceptible to oak wilt; prefers acidic soils. Pear, Ussurian[Py..s .i.] Fruit is not edible. Very cold hardy. Cultivar:'Prairie Gem'. Serviceberry Allegheny [Amelanchier 1 -evis] Native to all of Southeast Minnesota. Cultivars:'Cumulus' „'Prince Charles','Princess Diana ;'Autumn Brilliance'. Tolerant of spray salt. Serviceberry: dowry [Amel.nchier arborea] Native to Bl.ffi.nd.. Viburnum, nannyberry [Viburnum lentago] Native to all of Southeast Minnesota. in lawn or park settings, and in groups, rather than specimens in fully exposed boulevard settings. Planting with the root collar at gronnd line is uNivoulw or MlNxgsO http://www.exten,i.n..mn.ed./di,t,ib.ti.n/n.t.,.I,e ... rtes /DD6574.html TREE PRESERVATION AND REPLACEMENT POLICY CITY OF SHOREWOOD I. Purpose. It is the policy of the City of Shorewood to recognize and preserve existing natural resources of the community. In its effort to maintain the wooded character of the area, the City finds that trees provide numerous benefits including, but not limited to: stabilization of the soil by the prevention of erosion and sedimentation, reduction of storm water runoff, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation, providing habitat for birds and other wildlife and conservation and enhancement of the city's physical and aesthetic environment. The purpose of this policy is to preserve and protect significant trees or stands of trees whose loss due to land disturbances associated with the process of development or construction would adversely affect the character of neighborhoods, subdivisions, public or semipublic projects and commercial developments. This policy also recognizes that, despite the best efforts of the City and property owners, trees may occasionally be lost in the development or construction process. In those cases tree replacement or reforestation shall be required. II. Applicability. This policy shall apply to any person or entity that would disturb land areas and impact significant trees or stands of trees in neighborhoods, subdivisions, commercial building developments, public and semipublic projects such as streets, utilities and parks whether disturbed by a public agency or private developer; except when the City Council may waive these requirements where there would be greater public need for the project than to meet the requirements of this policy. The terms and provisions of this Policy, in conjunction with the Shorewood Tree Preservation Ordinance No. 324, shall apply to all activity which requires the issuance of a Land Disturbance Permit. III. Definitions. All words in this Policy have their customary dictionary definition except as specifically defined herein. The word "shall" is mandatory and the words "should" and "may" are permissive. Technical terms used in this Policy are defined in Appendix A. Buildable Area: The portion of a lot which is not located within any minimum required yard, landscape strip /area, or buffer; that portion of a lot wherein a building may be located, as prescribed by the Shorewood Zoning Code. Caliper: The American Association of Nurserymen standard for trunk measurement of nursery stock, whereby the diameter of the trunk is measured 6 inches above ground for stock up to 4 inches in caliper size. DBH (Diameter -at- Breast - Height): A standard measure of tree size, whereby a tree trunk diameter is measured in inches at a height of four and one -half feet (4 1/2') above 1 ground. If a tree splits into multiple trunks below four and one -half feet (4 1/2'), then the trunk is measured at its most narrow point beneath the split. Dripline: A vertical line extending from the outer surface of a tree's branch tips down to the ground. Land Disturbance Permit: An official authorization issued by the Zoning Administrator, allowing defoliation or alteration of the site for the commencement of any construction. Protection Zone: All lands that fall outside the buildable area of a parcel. Significant Trees: Any healthy long -lived hardwood deciduous tree measuring eight inches (8 ") DBH or greater; any healthy softwood deciduous tree measuring twelve inches (12 ") DBH or greater; or any healthy coniferous tree measuring eight feet (8') or more in height. Box - elder, cottonwood, and willow trees shall not be considered to be significant trees. Specimen Tree or Stand: Any tree or grouping of trees which has been determined to be of a high value by the Zoning Administrator because of its species, size, age, or other professional criteria. Structure: Anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character. Tree: Any self supporting woody plant, usually having a single woody trunk, and a potential DBH of two inches (2 ") or more. Tree Preservation Plan: A plan established in Section IV(B) of this Policy. See Appendices B and C. Zoning Administrator: The agent of the City of Shorewood having the primary responsibilities of administration and enforcement of this Policy. IV. Procedures A. Development Standards. Developments shall be designed to preserve large trees where such preservation would not affect the public health, safety or welfare. The City may prohibit removal of all or part of a stand of trees. In addition, nothing in this policy shall prevent building on an existing lot of record, provided that such building shall be designed to save as many trees as possible. This decision shall be based on, but not limited to, the following criteria: Size of trees. 2. Species, health and attractiveness of the trees including: 2 a. Sensitivity to disease b. Life span C. Nuisance characteristics d. Sensitivity to grading 3. Potential for transplanting. 4. Need for thinning a stand of trees. 5. Effect on the functioning of a development. B. Land Disturbance Permit. I . A tree survey, prepared by a registered land surveyor or landscape architect, shall be submitted showing size, species and location of significant trees. 2. A Tree Preservation Plan shall be submitted with the following: a. Preliminary plat for the subdivision of property. b. Other permit drawings as a part of the building permit process for the construction of new principal buildings. C. Nonresidential site plans, either as a separate drawing or as part of the landscape plan. 3. The Tree Preservation Plan shall be certified by a forester, arborist, or registered landscape architect and shall include the following information: a. Identification of spatial limits: (1) Limits of land disturbance, clearing, grading and trenching (2) Tree protection zones (3) Specimen trees or stands of trees (4) Location of significant trees which will be saved (5) Location of significant trees which will be removed (6) Location of trees to be transplanted (7) Location of replacement trees b. Detail drawings of tree protection measures as provided for in Section VI. of this Policy (where applicable): (1) Protective tree fencing (2) Tree protection signs 3 C. Drawings indicating location of applicable utilities: (1) City water or well (2) City sewer (3) Electricity (4) Gas (5) Cable TV (6) Telephone 4. These plans shall be reviewed by the Zoning Administrator for conformance with this Policy, in conjunction with the Shorewood Tree Preservation Ordinance No. 324, and will either be approved, or returned for revisions. Reasons for denial shall be noted on the Tree Preservation Plan, or otherwise stated in writing. 5. Issuance of the Land Disturbance Permit is contingent upon approval of preliminary plats, or metes and bounds subdivision approval for the subdivision of property, or approval of the Tree Preservation Plan for other building permit processes or nonresidential site plans. 6. A fee as provided in Chapter 1302 of the City Code shall be charged for review of Tree Preservation Plans. Any costs incurred by the City in reviewing plans for plats and nonresidential site plans shall be charged to the developer. The Zoning Administrator may submit the plan to a consulting forester for a recommendation, the costs of which shall be paid by the developer or builder. 7. All tree protection measures shall be installed prior to beginning building construction and inspected by the Zoning Administrator or his agent. 8. The Zoning Administrator or his agent will conduct follow -up site inspections for enforcement of this Policy, in conjunction with the Shorewood Tree Preservation Ordinance No. 324. 9. If any significant tree in a development or on a building site is cut, damaged, or the area within the tree's dripline has been encroached upon by grading equipment, without City authorization, the City shall require replacement pursuant to 10. below. In addition, if the City determines that a damaged tree will probably not survive, it shall be removed by the developer or builder. 10. Except as provided in IV. 13. of this Policy, all significant trees removed or damaged during the process of land development or construction activities shall be replaced on site. The removal of trees on public right -of -way, conducted by or on behalf of a M governmental agency in pursuance of its lawful activities or functions, shall be exempt from this replacement. a. Any trees required to be planted shall be varied in species, shall maximize the use of species native to the area, shall not include any species under disease epidemic, and shall be hardy under local conditions. b. Tree Replacement Ratio. (1) Significant deciduous trees eight inches (8 ") DBH or greater shall be replaced by two (2), three (3) inch caliper or greater deciduous trees or two, six - foot (6') high coniferous trees. (2) Significant deciduous trees twelve inches (12 ") DBH or greater shall be replaced by three (3), three (3) inch caliper or greater deciduous trees or three (3), six -foot (6') high coniferous trees. (3) Significant coniferous trees six feet (6') high or greater shall be replaced by one (1) six -foot (6') high or greater coniferous tree. (4) Significant coniferous trees twelve feet (12') high or greater shall be replaced by two (2) six -foot (6') high or greater coniferous trees. (5) In no case will the total number of replacement trees exceed eight (8) trees per acre. C. Before any construction takes place, tree protection measures as set forth in VI.B. of this Policy shall be placed around tree protection zones and around the driplines of significant trees to be preserved. Signs shall be placed along fence lines prohibiting grading beyond the fence line. d. Any trees required to be planted shall be replaced if they die or appear to be dying within two (2) full growing seasons of planting by the person responsible for the planting. e. Replacement trees shall be of a similar species to the trees which are lost or removed and shall include those species shown on the following list: Deciduous Trees Green Ash - Fraxinus pennsylvanica Mountain Ash - Sorbus spp. River Birch - Betula nigra Kentucky Coffeetree - Gymnocladus dioicus Amur Corktree - Phellodendron amurense Flowering Crabapple - Malus spp. Ginkgo (male only) - Ginkgo biloba Hackberry - Celtis occidentalis Hawthorn - Crataegus spp. Shagbark Hickory - Carya ovata Honeylocust - Gleditsia Hatriacanthos Ironwood - Ostrya virginiana Japanese Tree Lilac - Syringa amurensis japonica American Linden - Tilia americana Littleleaf Linden - Tilia cordata Redmond Linden - Tilia americans `Redmond' Conifers American Arborvitae - Thuja occidentalis Balsam Fir - Abies balsamea Douglas Fir - Pseudotsuga menziesii White Fir - Abies concolor Black Locust - Robinia psuedoacacia Amur Maple - acer ginnala Norway Maple - Acer platanoides Red Maple - Acer rubrum Silver Queen Maple (seedless) - Acer saccharinum `Silver Queen' Sugar Maple - acer saccharum Northern Catalpa - Catalpa speciosi Bur Oak - Quercus macrocarpa Pin Oak - Quereus palustris Red Oak - Quercus rubra Swamp White Oak - Quercus bicolor White Oak - Quercus alba Ohio Buckeye - Aesculus glabra Russian Olive - Eleagnus angustifolia Black Walnut - Juglans nigra Red Pine - Pinus resinosa Scotch Pine - Pinus sylvestris White Pine - Pinus strobus Black Hills Spruce - Picea glauca densata Canadian Hemlock - Tsuga canadensis Colorado Spruce - Picea pungens European Larch - Larix decidua Norway Spruce - Picea abies Austrian Pine - Pinus nigra White Spruce - Picea glauca Norway Pine - Pinus resinosa Tamarack - Larix laricina 11. Financial Guarantee - Subdividers. a. Subdividers shall provide a financial guarantee as part of the development contract to ensure replacement of significant trees lost in the development process. The amount of the financial guarantee shall be determined by the Zoning Administrator, based upon estimates made by the subdivider's registered landscape architect or actual bids prepared by a certified nurseryman. This shall be a 0 separate line item in the development contract and shall be the basis for a development contract where the lack of public improvements would otherwise not require a contract. This financial guarantee shall be held for at least two (2) full growing seasons beyond the date of installation of the last replacement tree or beyond the last date of site activity that may impact tree survival. b. In addition to a. above subdividers shall provide a financial guarantee as part of the development contract to ensure protection of all significant trees to be saved. For each mass graded lot with at least one (1) significant tree to be saved and each custom graded lot with at least one (1) significant tree, the subdivider shall pay a fee as established in Chapter 1302 of the Shorewood City Code. This financial guarantee will be released upon 1) certification in writing by the subdivider's forester, arborist, or landscape architect indicating that tree protection measures were installed on mass graded lots and tree replacement is completed, if necessary and /or 2) the builders have posted security for the custom graded lots. 12. Financial Guarantee - Builders. a. Homebuilders shall provide a financial guarantee as part of the building permit application to ensure protection of all significant trees to be saved. For all lots with at least one (1) significant tree to be saved the builder shall provide a letter of credit or cash escrow as established by Chapter 1302 of the City Code. b. Prior to the issuance of a certificate of occupancy or release of the tree protection guarantee, the builder's forester, arborist, or landscape architect shall certify to the City in writing that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement is completed, if necessary. C. The Building Official will monitor the tree protection measures at the time of routine inspections. d. Builders are liable for subcontractors which destroy or damage significant trees which were indicated to be saved on the individual lot tree preservation plan. 7 13. Tree Replacement Fund. a. In cases where it can be demonstrated that a construction site can not accommodate additional trees, a builder or developer may place replacement trees on public property at the direction of the Zoning Administrator. The City shall maintain a list of public properties where replacement trees may be planted. b. As an alternative to placing trees on public property, the City may require a builder or developer to contribute to a City tree replacement fund. This fund shall be used solely for the purpose of planting trees on public property. The Zoning Administrator shall annually establish a fee schedule for replacement trees, based upon market conditions. V. Tree & Site Related Disturbances. A. Tree protection zones, specimen trees or stands of trees designated to be saved must be protected from the following damages which may occur during all phases of land disturbance and construction processes. Methods of tree protection and disturbance prevention are provided in Section VI. Direct physical root damage 2. Indirect root damage Trunk and crown disturbance B. Direct physical root damage most frequently occurs during site clearing and grading operations, where transport or feeder roots are cut, torn, or removed. Transport and feeder roots tend to tangle and fuse among the roots of adjacent trees. The removal of trees with heavy machinery along the outer periphery of a tree save area causes root damage. 2. The most substantial form of root damage for all root types occurs in the form of cut roots. Roots are cut in grade reduction, or from trenching for underground utilities, sanitary sewer, or storm sewer lines. A more subtle type of root damage is the loss of feeder roots. Feeder roots normally occur within the organic layer, and the surface four inches (4 ") of top soil, subsequently, these roots can be easily damaged by the track action from a single bulldozer pass. The stripping of top soil within a tree's critical root zone can totally eliminate its feeder root system. C. Indirect root damage through site modification can result from positive grade changes, temporary storage of fill material, the sedimentation of erosion materials, soil compaction, and soil chemical changes. Positive grade changes from fill and sedimentation causes a decrease in soil oxygen levels. An increase in soil carbon dioxide and other toxic gases can also occur, leading to large areas of anaerobic conditions. Anaerobic soil conditions cause a decrease in the root respiration process which is essential for the uptake and transport of minerals and nutrients. 2. Anaerobic soil conditions are also produced by soil compaction, the increase in soil bulk density with a decrease in soil spore space. Compacted soil is also impervious to root penetration, and thus inhibits root development. Soil compaction is generally caused by the weight and vibrations of heavy machinery, vehicle parking, and the storage of fill and /or construction materials within the critical root zones of trees. Changes in soil chemistry will adversely affect tree survival. The most frequent occurrence is the change (decrease) in soil acidity by concrete washout. The leakage or spillage of toxic materials such as fuels or paints can be fatal for trees. D. Trunk and crown disturbances are generally mechanical in nature and are either caused directly by clearing and grading machinery, or indirectly by debris being cleared and falling into trees marked for protection. Common forms of damage include stripped bark and cambium, split trunks, and broken limbs. 2. Damage also occurs from the posting of signs such as building permits, or survey markers on trees. Indirect damage can be caused by the placement of burn holes or debris fires too close to trees. The possible range of damages include scorched trunks with some cambial dieback, the loss of foliage due to evaporative heat stress (leaf desiccation), and completely burned trunks and crowns. VI. Methods of Tree Protection. A. Planning and considerations. Tree space is the most critical factor in tree protection throughout the development process. The root system of trees can easily extend beyond the dripline of the tree canopy (Figure 1). The 9 root system within the dripline region is generally considered to be the protected root zone. Disturbance within this zone can directly affect a tree's chances of survival. With reference to root zones, the following standards shall apply: The use of tree save islands and stands is encouraged rather than the protection of individual (nonspecimen) trees scattered throughout a site. This will facilitate ease in overall site organization as related to tree protection. 2. The protective zone of specimen trees or stands of trees or otherwise designated tree save areas shall include no less than the total area beneath the tree(s) canopy as defined by the farthest canopy dripline of the tree(s). In some instances, the Zoning Administrator may require a protective zone in excess of the area defined by the tree's dripline. Layout of the project site utility and grading plans shall accommodate the required tree protective zones. Utilities must be placed along corridors between tree protective zones. 4. Construction site activities such as parking, material storage, concrete washout, hole placement, etc., shall be arranged so as to prevent disturbances within tree protective zones. 5. Alterations to the protective zone of the specimen trees or stands of trees must be approved by the Zoning Administrator. B. Protective Barriers. Active protective tree fencing shall be installed along the outer edge of and completely surrounding the critical root zones of all specimen trees or stands of trees, or otherwise designated tree protective zones, prior to any building construction. 2. These fences will be a minimum four feet (4') high. Four -feet (4') high orange polyethylene laminar safety fencing is acceptable (Figure 2). All tree protection zones should be designated as such with "Tree Save Area" signs posted visibly on all sides of the fenced area. These signs are intended to inform subcontractors of the tree protection process. Signs requesting subcontractor cooperation and compliance with tree protection standards are recommended for site entrances. 10 4. All tree fencing barriers must be installed prior to and maintained throughout building construction and should not be removed until completion of construction and until landscaping is installed. C. Encroachment. Most trees can tolerate only a small percentage of critical root zone loss. If encroachment is anticipated within the critical root zones of specimen trees, stands of trees, or otherwise designated tree protective zones, the following preventive measures shall be employed: Clearing Activities: Roots often fuse and tangle amongst trees. The removal of trees adjacent to tree save areas can cause inadvertent damage to the protected trees. Wherever possible, it is advisable to cut minimum two foot (2') trenches (e.g., with a "ditch- witch ") along the limits of land disturbances, so as to cut, rather than tear, roots. Directionally felling trees outward into disturbance areas and grinding stumps is also acceptable. 2. It is very strongly suggested that all clearing in oak stands be done before May 1 st and after July 1 st of each season. This will help to prevent the inadvertent wounding of trees with the consequential spread of oak wilt. If clearing has to be done at this time, all stumps and wounded trees shall have the wound areas painted thoroughly with a tree paint. To be effective, the painting shall be performed within the same day of cutting. Should oak wilt get started as a result of construction during the months of May and June, then the developer/builder shall pay for all additional on -site oak wilt control measures needed to control the disease. Where the Zoning Administrator has determined that irreparable damage has occurred to trees within tree protective zones, they must be removed and replaced by the developer/builder as provided in Section IV(B)9. D. Reclamation of the Growing Site. A tree's ability for adequate root development, and ultimately its chances for survival, are improved with reclamation of the growing site. Whenever possible, the soil should be brought back to its natural grade. Unnecessary fill, erosion sedimentation, concrete washout, and construction debris should be removed. When machinery is required for site improvement, it is recommended that a "rubber -tired skid steer loader" or similar light weight rubber fire vehicle be used so as to minimize soil compaction. 11 TREE PRESERVATION POLICY CITY OF SHOREWOOD APPENDIX A Technical Terms: Cambium: The tissue within the woody portion of trees and shrubs which gives rise to the woody water and nutrient conducting system, and the energy substrate transport system in trees. Cambial dieback: The irreparable radial of vertical interruption of a tree's cambium, usually caused by mechanical damage, such as "skinning bark", or from excessive heat. Coniferous: Belonging to the group of cone - bearing evergreen trees or shrubs. Deciduous: Not persistent; the shedding of leaves annually. Feeder roots: A complex system of small annual roots growing outward and predominantly upward from the system of "transport roots ". These roots branch four or more times to form fans or mats of thousands of fine, short, non -woody tips. Many of these small roots and their multiple tips are 0.2 to 1mm or less in diameter, and less than 1 to 2mm long. These roots constitute the major fraction of a tree's root system surface area, and are the primary sites of absorption of water and nutrients. Major Woody Roots: First order tree roots originating at the "root collar" and growing horizontally in the soil to a distance of between 3 and 15 feet from the tree's trunk. These roots branch and decrease in diameter to give rise to "rope roots ". The primary function of major woody roots include anchorage, structural support, the storage of food reserves, and the transport of minerals and nutrients. Protected Root Zone: The rooting area of a tree established to limit root disturbances. This zone is generally defined as a circle with a radius extending from a tree's trunk to a point no less than the furthest crown dripline. Disturbances within this zone will directly affect a tree's chance for survival. Root Collar: The point of attachment of major woody roots to the tree trunk, usually at or near the groundline and associated with a marked swelling of the tree trunk. Root Respiration: An active process occurring throughout the feeder root system of trees, and involving the consumption of oxygen and sugars with the release of energy and carbon- dioxide. Root respiration facilitates the uptake and transport of minerals and nutrients essential for tree survival. Rope Roots: An extensive network of woody second order roots arising from major woody roots, occurring within the surface 12 to 18 inches of local soils, and with an average size ranging from .25 to 1 inch in diameter. The primary function of rope roots is the transport of water and nutrients, and the storage of food reserves. 12 Soil Compaction: A change in soil physical properties which includes an increase in soil weight per unit volume, and a decrease in soil pore space. Soil compaction is caused by repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil can cause physical root damage, a decrease in soil oxygen levels with an increase in toxic gases, and can be impervious to new root development. Transport Roots: The system or framework of tree roots comprised of major roots and rope roots. 13 TREE PRESERVATION POLICY CITY OF SHOREWOOD A PPF.NDTX R Checklist for Tree Protection Plan: Tree Protection Plans. a. Provisions for tree protection on the site shall be, at minimum, in conformance with the requirements of the City of Shorewood Tree Preservation Policy in conjunction with the Shorewood Tree Preservation Ordinance No. 324. b. A Tree Preservation Plan shall be submitted either as part of a landscape plan, preliminary plat, or as a separate drawing, to include the following: (1) All tree protection zones (2) Approximate location of all specimen trees or stands of trees (3) Approximate location of all specimen trees when their preservation is questionable, or might result in a change of the site design (4) Identification of specimen trees to be removed. (Removal of specimen trees is subject to Zoning Administrator approval.) (5) Limits of clearing and land disturbance such as grading, trenching, etc. where these disturbances may affect tree protection zones. (6) Proposed location of underground utilities. (7) Methods of tree protection shall be indicated for all tree protection zones, aeration systems, staking, signage, etc. (8) The plan should indicate staging areas for parking, material storage, concrete washout, and burial holes where these areas might affect tree protection. C. The following notes shall be indicated on both tree preservation plans and grading plans in large letters: (1) Contact the City Planning Department at (952) 474 -3236 to arrange a preconstruction conference with the City Zoning Administrator prior to any land disturbance. (2) All tree protection measures shall be installed prior to building construction. (3) Contact the City of Shorewood Planning Department at (952) 474- 3236 for a Site Inspection upon completion of landscape installation. 14 Preservation Plan: Existing trees to remain O Trees to be removed Protective fencing ®Construction material and stockpile perimeter ■ ■ ■ ■ ■ ■. Utilities location Replacement Plan: Deciduous trees to be shown by species . ,. and caliper size Coniferous trees to be shown by species and height S � .� Tree fencing shall consist of 4' high minimum orange polyethylene laminar safety netting. TREE PRESERVATION POLICY CITY OF SHOREWOOD APPENDIX C NOTICE: • Contact the City Planning Dept. at (952) 474 -3236 to arrange a preconstruction conference with the City Zoning Administrator prior to any land disturbance. • All tree protection measures shall be installed prior to building construction. • Contact the Planning Dept. for a site inspection upon completion of landscape installation. 15 DRIVEWAY ` 6' Black Hills Spruce (2) —_` 12„ � ` 18" Black &Walnut Apple ■ . 16" 0 ■ ■ maple 1 GARAGE 12' Colorado ■ ■ ` Spruce ■ ■ ■ ■ ' 10° Ash i ■ �12" Ash PROPOSED HOUSE .0100 3" Caliper Sugar Maples (2) 3" Caliper Red Oak NOTICE: • Contact the City Planning Dept. at (952) 474 -3236 to arrange a preconstruction conference with the City Zoning Administrator prior to any land disturbance. • All tree protection measures shall be installed prior to building construction. • Contact the Planning Dept. for a site inspection upon completion of landscape installation. 15 TREE FENCING SHALL CONSIST OF 4.0' HIGH MINIMUM ORANGE POLYETHYLENE LAMINAR SAFETY NETTING. FENCE SHALL BE SECURELY ANCHORED BY STEEL FENCE POSTS INSTALLED 6.0 FEET ON CENTER. FIGURE 2 ACTIVE PROTECTIVE TREE FENCING 17 Appendix C. Suggested Tree Ordinance for Shorewood City Forester Duties and Forestry Program (A) Position created. (Declared person) shall be the Forester. The powers and duties as set forth in this subchapter are hereby conferred upon the Forester or his or her duly authorized agent. (B) Duties. It is the duty of the City Forester to coordinate, under the direction and control of the Council, all activities of the city relating to the control and prevention of insect - infested and diseased trees, including but not limited to, emerald ash borer, Dutch elm, and oak wilt diseases. The Forester shall recommend to the Council the details of a program for the control of insect - infested and diseased trees, and perform the duties incidental to a program adopted by the Council, and other duties as provided by this chapter. The forestry program shall provide for inspection of trees on public and private property for the purposes of enforcement of applicable sections of this code. Maintenance and Removal of Trees (A) Duties. The city shall have the right to maintain and /or remove trees while performing maintenance duties within any public right -of -way or easement. Maintenance duties shall include, but are not limited to, sidewalk, path, utility and street maintenance and /or repair. The city shall notify property owners adjacent to trees that may be impacted by the performing of maintenance duties. In cases of emergency maintenance within a public right -of -way or easement, the city shall attempt to contact adjacent property owners when trees may have to be maintained and /or removed, but shall also consider the general health, safety and welfare of the community with respect to hazards that may exist. (B) Charges forservices. The city may charge the abutting property owner or legal possessor the cost incurred by the city for maintenance and /or removal of trees located within any right - of -way or easement. Any charges not paid within 30 days of the due date stated on the city's invoice shall be deemed delinquent and subject to collection as a special assessment to be collected in accordance with (Code). (C) Removal of hazard tree. Any hazard tree on any private property, which if it fell may land within any public right -of -way or property owned by another person or entity, shall be removed immediately and in no case more than 15 days after being served notice by the city to remove the tree. Any such tree shall be deemed a public safety hazard and public nuisance and subject to the provisions for special charges assessment as set forth in division (B) herein. Tree Work License (A) License required. It shall be unlawful for any person to conduct as a business the cutting, trimming, pruning, removal, spraying or otherwise treating of trees in the city without first having secured a license from the city to conduct the business. (B) Application; fee and expiration. (1) Application for a license shall be made at the office of the City Clerk. (2) The application for a license shall be made at the office of the City Clerk. (3) The annual fee for the license shall be in the specified amount. (4) All licenses issued under the provisions of this chapter shall expire on December 31 following the date of issue. (C) Liability insurance. No license or renewal shall be granted, nor be effective, until the applicant files with the City Clerk proof of a public liability insurance policy covering all operations of the applicant hereunder for the sum of at least $300,000 combined single limit coverage. The policy shall provide that it may not be canceled by the insurer, except after ten days written notice to the city, and if the insurance is so canceled and the licensee fails to replace the same with another policy conforming to the provisions of this section, the license shall be automatically suspended until the insurance shall have been replaced. (D) Conformance required. All contractors licensed under the requirements of this section shall conform with the abatement methods as prescribed by this subchapter, as they relate to emerald ash borer infestation, and Dutch elm and oak wilt diseases. (E) Revocation of license. Failure to comply with any part of the tree treating license shall be grounds for revocation of the license by the City Council, following a public hearing. Written notice of the public hearing shall be mailed at least ten days prior to the hearing to the current holder of the license. The notice should outline the violation(s) considered by the city to be grounds for revocation and inform the current holder of the license of the opportunity to be heard at the public hearing. (F) Chemical treatment requirements. Applicants, who propose to use chemical substances in any activity related to treatment or control of insect - infested and diseased trees, shall file with the City Clerk proof that the applicant or employee of the applicant administering treatment has been certified by the Agronomy Division of the state department of agriculture as a "commercial pesticide applicator." Certification shall include knowledge of tree disease or insect infestation chemical treatment. Minimum Height of Tree Limbs All limbs of trees or portions of limbs which overhang public streets, sidewalks or paths and are less than ten feet above the surface of any public sidewalk or path or are less than 13 feet above the surface of any public street constitute a nuisance and are prohibited. When limbs of a tree overhang both a public sidewalk and a public street, they shall be trimmed to a height of 13 feet above the surface of the street. This section shall not apply to any tree to which pruning or trimming would endanger the tree's health as determined by the city, unless a public nuisance exists. Right of Way Trees (A) Right of Way Tree Planting. Trees and shrubs shall not be planted within the public right of way and easements unless otherwise approved with new developments with homeowners association responsibilities for tree maintenance as defined by development agreement. Trees and shrubs shall not be planted within a distance of 15 feet from the edge of a public roadway where easement or right of way is not dedicated, or recorded. Trees and shrubs shall not be planted in locations where conflicts may arise with vehicle driver sight lines to traffic, as determined by the Engineer. (B) Managing the Right of Way. Homeowners are responsible for maintaining and mowing the right of way. Trees and shrubs currently growing within the right of way will be maintained by the City. (1) No person can obstruct, excavate, remove or destroy vegetation in the right of way without first obtaining a permit from the City. (C) Vegetative Screening. Trees and shrubs used for screening shall be planted at least 10 feet behind the right of way. Screens using trees and shrubs shall be designed so that they are architecturally harmonious with the principle structures on the site and they shall be properly maintained so as not to become unsightly or hazardous. Shade Tree Disease Regulation (A) Declaration of policy. The Council has determined that the health of ash, elm and oak trees within the municipal limits are threatened by insect infestation known as emerald ash borer, and fatal diseases known as Dutch elm and oak wilt. It has further been determined that the loss of ash, elm and oak trees growing upon public and private property would substantially depreciate the value of property within the city, and may impair the health, safety and general welfare of the public. It is declared to be the intention of the Council to control the spread of insect infestation and diseases affecting trees, and this section is enacted for that purpose. (B) Insect and disease control programs; coordinator. It is the intention of the Council to conduct a program of plant pest and disease control pursuant to the authority granted by (Code), as amended. The program is directed specifically at the control and elimination of the emerald ash borer, Dutch elm disease fungus, elm bark beetles and oak wilt fungus, and is undertaken at the recommendation of the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources and the University of Minnesota Extension. (C) Nuisance declared. The following shall constitute a public nuisance: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ophiostoma Ulmi, or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hyluigopinus Rufipes (Marsh); (2) Any living or standing red oak tree or part thereof infected to any degree with the oak wilt fungus Ceratocystis Fagacearum; (3) Any dead elm or red oak tree or part thereof, including logs, branches, stumps, firewood or other elm or oak material from which the bark has not been removed or sprayed with an effective elm bark beetle insecticide or oak wilt fungus deterrent; or (4) Any living or standing ash tree, or any part thereof, harboring or infested with emerald ash borer beetles or larvae or eggs thereof (Agrilus planipennis); or any dead ash tree or part thereof, including logs, branches, stumps, firewood, or other ash tree material from which the bark has not been removed or sprayed with effective emerald ash borer insecticide. (D) Inspection and investigation. (1) Annual inspection. The City Forester or assignee shall inspect all premises within the city, annually or as often as practicable, to determine whether any condition exists which is in violation of this chapter. The Forester shall investigate all repeated incidents of tree disease. (2) Entry on private premises. The Forester or assignee may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned. (3) Diagnosis. In determining tree disease or insect infestation, the Forester shall use current technical procedures. (E) Nuisance abatement methods. In abating any public nuisance as defined in this section, the Forester shall cause the infected tree or wood to be sprayed, removed or otherwise effectively treated so as to destroy and prevent the spread of emerald ash borer, Dutch elm disease fungus, elm bark beetles, oak wilt fungus or other regulated tree disease. Any abatement shall be carried out in the following manner: (1) In trees infected with Dutch elm disease that have the potential to spread the disease, any portion of the tree larger than two inches in diameter shall have the bark removed, chipped or covered with at least four mil plastic, making a tight seal to the ground, until the bark falls off. (2) Pre - sporulating red oak wood, infected with oak wilt fungus, that is larger than two inches in diameter shall have the bark removed, chipped or covered with at least four mil plastic, making a tight seal to the ground, until the bark falls off. (3) All ash tree wood must be chipped into pieces no larger than one inch diameter. (4) Other current technical procedures which are accepted by such agencies as the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources or the University of Minnesota may be utilized with city approval. (F) Procedure for removal of infected trees and wood. Whenever the Forester finds that infestation or disease exists in any tree or wood in any public or private place in the city, the Forester shall proceed as follows: (1) If the Forester finds that danger of insect infestation or spread of tree disease is imminent, the Forester may order any treatment or tree removal determined to be necessary to abate the nuisance. (2) In all other cases, prior to any treatment or removal, the Forester shall cause written notice of proposed actions to be sent by regular mail or personally delivered to the occupant or the owner of the premises. Failure to give notice shall not invalidate the city's actions. The Forester may order any treatment or tree removal determined necessary to abate the nuisance. (G) Payment for abatement. Any costs incurred by the city in connection with the city's abatement of any diseased tree, as permitted in this section, shall be the responsibility of the property owner. The city may charge the property owner or legal possessor the cost incurred by the city in connection with the abatement of any diseased tree. Any charges not paid by the property owner or legal possessor within 30 days of the due date stated on the city's invoice shall be deemed delinquent and subject to collection as a special assessment, which shall be collected in accordance with (Code). (H) Transporting of infected ash, elm or oak wood. It is unlawful for any person to transport within the city any infected, bark - bearing ash, elm or oak wood determined to be a nuisance by the Forester. The Forester shall grant permission for the transportation of the wood only when the purpose of this chapter is served. (1) Unlawful acts. A violation of this section is declared to be a public nuisance and it is unlawful for any person to permit the public nuisance to remain on any property owned or controlled by the person within the city. All public nuisances may be abated by the city and the costs thereof assessed against the property as prescribed in the code. Tree Preservation (A) Tree removal and replacement. Removal or loss of significant trees shall be in accordance with the city- approved tree preservation component of the natural resources management plan. All significant trees on the property, as identified in the tree preservation component of the plan, shall be tagged with the coordinating number as stated in the plan before any project work begins and shall remain tagged until completion of the project. Tree removal and replacement shall be as follows: (1) For individual lot development for commercial, industrial, and institutional uses, 10% of the total number of diameter inches of significant trees removed must be replaced with caliper inches within the subject lot. Trees replaced under this requirement may be used to satisfy part of the landscape requirement for the lot; (2) For individual lot development for residential use, when tree removal that occurs within the building footprint, impervious surface areas (such as driveways and sidewalks), or within 20 feet of foundation walls and: (a) Exceeds six significant trees, replacement shall consist of a maximum of 12 caliper inches, located on the subject lot; or (b) Consists of six significant trees or less, replacement shall consist of a minimum of two caliper inches for every significant tree removed, located on the subject lot; (3) When tree removal occurs more than 20 feet outside the foundation walls, replacement shall be a minimum of two caliper inches for every significant tree removed, located on the subject lot; and (4) For all projects not covered by divisions (1), (2) and (3) above including, but not limited to, subdivision grading, 10% of the total number of diameter inches of significant trees removed must be replaced with caliper inches within the subdivision. Trees replaced under this requirement may be used to satisfy part of any landscape plan requirements under this code. (B) Size, types, diversification of replacement trees. No more than one -third of the replacement trees shall be of the same species of tree, without approval of the city. Box elder, poplar, willow and silver maple are not permitted as replacement trees. Replacement trees must be no less than the following sizes: (1) Deciduous trees shall be no less than two caliper inches; and (2) Coniferous trees shall be no less than six feet high. (C) Time to perform. Replacement trees shall be planted prior to the expiration of the permit or within 30 days of completion of all construction on the property, whichever first occurs, unless otherwise approved by the city for reasons of time of planting season. The applicant shall inform the city when all replacement trees have been planted in order that the city may inspect the subject property for compliance with the tree preservation component. (D) Quality of replacement trees. Replacement trees shall be healthy stock, free of insects and disease and meet the guidelines set by the American Standards of Nursery Stock. (E) Violation of natural resources management plan -Tree Preservation Component. The applicant shall comply with the following requirements if any loss of any significant tree, as defined herein, occurs in violation of the city- approved tree preservation component of the natural resources management plan for the subject property: (1) Replace the diameter inches of the significant tree lost with equal caliper inches in accordance with division (B) of this section; and (2) Any loss of a significant oak tree shall be replaced by an oak tree and the location of the replacement oak tree shall be determined by the city. (F) The applicant shall comply with the foregoing requirements upon a 30 -day written notice by the city of the loss of a significant tree in violation of the city- approved tree preservation component of the natural resources management plan. Nuisance Tree Declaration (A) Any living or standing elm tree or part thereof infected to any degree with the Dutch elmdisease fungus, Ceratorcystis ulmni (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh). (B) Any bark intact, dead or dying elm tree or part thereof, or an elm wood including, but not limited to, logs, branches greater that two inches in diameter, stumps, roots, firewood or other elm material, which has not been stripped of its bark and burned, or sprayed with an effective elm bark beetle insecticide that poses a threat, as determined by city forester, of harboring or acting as a breeding site for the elm bark beetles, Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh). (C) Any living or standing oak tree or part thereof infected to any degree with the oak wilt fungus, Ceratocystis fagacearum, that has been determined by the city forester to pose a threat of overland transmission of the fungus to other oak trees. To reduce incidents of overland or long range spread of oak wilt fungus and to prevent oak wilt fungus from producing spores during the hazardous spring period. (D) Any bark intact dead or dying oak tree or part thereof, or an oak tree wood including, but not limited to, logs, branches greater than two inches in diameter, stumps, roots, firewood, or other oak material, which has not been stripped of its bark and burned, or sprayed with an effective fungicide that poses a threat, as determined by city forester, of harboring or acting as a breeding site for the oak wilt fungus, Ceratocystis fagacearum. Any tree that wilted from oak wilt in July or August of one year may be declared a nuisance for the spring of the following year as determined by the city forester. The hazardous spring period for overland or long range spread of oak wilt fungus is hereby defined as April 15 to July 1. Dead standing wood or tree material of the red oak group that has advanced beyond the potential for spore production is not considered a nuisance unless it constitutes a hazard to life and /or property. The red oak group is defined as, including but not limited to, Northern red oak, Northern pin oak, black oak, scarlet oak, Eastern pin oak, red oak, pin oak. (E) Any tree considered in the opinion of the city forester to pose eminent danger to life or property to adjoining properties. Trees of such condition will be determined hazardous. (F) It shall be unlawful for any person to permit any public nuisance to remain on any premises owned or controlled by such person within the city. Such nuisances may be abated in the manner prescribed by this article. Inspections and Investigations (A) Inspections. The city forester shall inspect as often as necessary all public and private places within designated control areas of the city which might harbor plant pests, to determine whether a public nuisance exists. The city forester shall investigate all reported incidents of infection or infestation by the Dutch elm fungus, elm bark beetles, oak wilt fungus, or any other epidemic diseases or insect infestation of shade trees. The term "private place" means every place except the private home. (B) Right of entry. The city forester or the city forester's duly authorized agents may enter upon all public and private places at any reasonable time for the purposes of carrying out any of the duties assigned in this section. (C) Disease determination. Whenever possible, diagnosis will be based upon accepted field symptoms. The city forester and /or city forester's duly authorized agents may, upon finding indications of oak wilt or Dutch elm disease take such steps as may be appropriate to confirm the diagnosis. These steps may include analysis of twig and stem samples from trees, or parts thereof, suspected of being infected. Laboratory isolation and confirmation of the presence of the fungi will be done by the state department of agriculture disease diagnosis laboratory or other laboratories capable of performing such services approved by the state commissioner of agriculture. Except as provided in this section, no action to remove infected trees or wood shall be taken until there has been a positive diagnosis. Abuse or Mutilation of Public Trees (A) Unless specifically authorized by the city forester, no person shall intentionally damage, cut, carve, transplant, remove any tree, attach any rope, wire, nails, advertising poster, or other contrivance to any tree, allow any gaseous liquid, or solid substance which is harmful to come in contact with any tree, or set fire or permit any fire to burn when the heat could injure any portion of any tree, or top a tree by severely cutting back the tree canopy to a stub. CITY OF SHOREWOOD RESOLUTION NO. 17- A RESOLUTION ADOPTING THE URBAN FOREST MANAGEMENT PLAN FOR THE CITY OF SHOREWOOD WHEREAS, the City of Shorewood authorized preparation of the Urban Forest Management Plan on May 31, 2016; and WHEREAS, the Urban Forest Management Plan provides guidance to manage shade tree diseased tree management, Emerald Ash Borer management, reforestation plan, tree ordinance and tree preservation ordinance review, and private tree management; and WHEREAS, the Urban Forest Management Plan provides a 10-year budget for implementation of the plan; and WHEREAS, the Council has reviewed the final draft Urban Forest Management Plan in a Council Work Session on January 23, 2017, and finds that it is in the City's best interest to approve the Plan. NOW, THEREFORE, BE IT RESOLVED, by the Shorewood City Council that the Urban Forest Management Plan is adopted by the City Council and Council authorizes implementation of the Urban Forest Management Plan. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of February, 2017. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk #3H MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: 2016 Trunk Watermain Extension (Oppidan) Project,City Project 16-04 Resolution Approving Change Order 2 Meeting Date: February 13, 2017 Prepared by: Paul Hornby Reviewed by: Attachments: Change Order 2 and Resolution Approving Change Order 2 Background: On September 26, 2016, the City Council accepted bids and awarded the 2016 Trunk Watermain Extension Project to Widmer Construction LLC. During the progression of construction the following items were identified that were not anticipated prior to the start of construction: • Given the inclement weather during the time of construction, the exposed subgrade was found to be in such condition that supplemental, stabilizing aggregate was necessary to provide access to residents. • In order to preserve the newly installed concrete curb and gutter, a temporary bituminous wedge was installed until final paving can be completed in the spring of 2017. • Following installation of the storm sewer facilities, additional grading of ditches was necessary to convey drainage. • Additional erosion control blanket was installed to reduce erosion in the newly graded ditches. Widmer Construction LLC. has submitted a change order detailing the additional work items which have been reviewed by staff with regard to the work scope and additional costs. Financial or Budget Considerations: The project construction contract as bid was awarded by the Council in the amount of$1,102,856.13. Previously approved change order 1 increased the contract amount to $1,124,149.38. Change Order 2 is $7,794.11 and will increase the contract amount to $1,131,943.49. Change orders to date will increase the contract by approximately 2.6%which is within contingency expectations for similar projects. Recommendation/Action Requested: Staff recommends approval of Resolution 17-_Approving Change Order 2. Payment for this work order will be made under a future payment request. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CHANGE ORDER NO.2 2016 TRUNK WATERMAIN EXTENSION PROEJCT JANUARY 4,2017 CITY OF SHOREWOOD,MN WSB PROJECT NO.2925-16 OWNER: CONTRACTOR: CITY OF SHOREWOOD WIDMER CONSTRUCTION LLC. 5755 COUNTRY CLUB ROAD 9455 COUNTY ROAD 15 SHOREWOOD,MN 55331 MAPLE PLAIN,MN 55359 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: DURING THE COURSE OF CONSTRUCTION,THE FOLLOWING ITEMS WERE IDENTIFIED THAT WERE NOT ANTICIPATED PRIOR TO THE START OF CONSTRUCTION: 1. GIVEN THE INCLEMENT WEATHER DURING THE TIME OF CONSTRUCTION,THE EXPOSED SUBGRADE WAS FOUND TO BE IN SUCH CONDITION THAT SUPPLEMENTAL, STABILIZING AGGREGATE WAS NECCESSARY TO PROVIDE ACCESS TO RESIDENTS. 2. IN ORDER TO PRESERVE THE NEWLY INSTALLED CONCRETE CURB AND GUTTER,A TEMPORARY BITUMINOUS WEDGE WAS INSTALLED UNTILL FINAL PAVING CAN BE COMPLETED IN THE SPRING OF 2017. 3. FOLLOWING INSTALLATION OF THE STORM SEWER FACILITIES,ADDITIONAL GRADING OF THE DITCHES WAS NECCESSARY TO CONVEY DRAINAGE. EROSION CONTROL BLANKET WAS INSTALLED TO ENSURE THE NEWLY GRADED DITCHES WOULD NOT ERODE IN THE SPRING OF 2017. ADDITIONALLY, IT WAS IDENTIFIED A BID ITEM WAS NOT INCLUDED FOR THE INSTALLATION OF THE STREET ID SIGNS THROUGHOUT THE PROJECT. AS THESE SIGNS WILL BE REPLACED WITH THE PROJECT,THE CONTRACTOR HAS PROVIDED A COST ASSOCIATED WITH THE WORK. IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY,SHAPE,OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ORIGINAL CONTRACT PRICE: $1,102,856.13 ORIGINAL CONTRACT TIME 8/15/2017 PREVIOUS CHANGE ORDERS: $21,293.25 NET CHANGE FROM PREVIOUS CHANGE ORDERS: NONE CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: $1,124,149.38 CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 8/15/2017 NET INCREASE OF THIS CHANGE ORDER: $7,794.11 NET INCREASE OF CHANGE ORDER: NONE CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $1,131,943.49 CONTRACT TIME WITH APPROVED CHANGE ORDERS: 8/15/2017 RECOMMENDED BY APPROVED BY PAUL HORNBY,PE,PROJECT MANAGER CONTRACTOR SIGNATURE WSB&ASSOCIATES,INC. WIDMER CONSTRUCTION LLC. ENGINEER CONTRACTOR APPROVED BY CITY ENGINEER CITY ADMINISTRATOR DATE DATE K:102925-16014dminlConstruction AdminlChange OrderslChange Order No.21 Page 1 of 1 2925-16 CO2 122916CO 2 CHANGE ORDER NO. 2 DETAIL 2016 TRUNK WATERMAIN EXTENSION PROEJCT JANUARY 4,2017 CITY OF SHOREWOOD, MN WSB PROJECT NO.2925-16 ADDED ITEMS Item No. Mat.No. Description Qty Unit Price Extended Amount 105 2105.543 STABILIZING AGGREGATE 153.03 TON $29.70 $4,544.99 106 2360.501 TEMORARY BITUMINOUS WEDGE 8 TON $322.61 $2,580.88 107 2564.602 SIGN PANELS TYPE SPECIAL 7.5 S F $48.25 $361.88 108 2575.523 EROSION CONTROL BLANKET CATEGORY 3 222 S Y $1.38 $306.36 TOTAL ADDED ITEMS CHANGE ORDER NO. 2 $7,794.11 DELETED ITEMS Item No. Mat.No. Description Qty Unit Price Extended Amount TOTAL DELETED ITEMS CHANGE ORDER NO. 2 $0.00 K:102925-1601AdminlConstruction AdminlChange OrderslChange Order No.Z Page 1 of 1 2925-16 CO2 122916CO 2 Detail CITY OF SHOREWOOD RESOLUTION NO. 17 - A RESOLUTION APPROVING CHANGE ORDER 2 FOR THE 2016 TRUNK WATERMAIN EXTENSION PROJECT CITY PROJECT 16-04 WHEREAS, THE City of Shorewood Council awarded the contract for the 2016 Trunk Watermain Extension Project (City Project 16-04) on September 26, 2016 to Widmer Construction LLC. of Maple Plain, Minnesota; and WHEREAS, Change Order No. 1 was necessary to construct the improvements and associated work previously recommended by staff and approved by the City Council; and WHEREAS, Change Order 1 increased the project construction costs in the amount of$21,293.25, from the original contract amount of$1,102,856.13 to $1,124,149.38; and WHEREAS, Change Order No. 2 was necessary to construct the roadways as specified given the weather conditions at the time of construction along with additional grading and erosion control improvements to reduce erosion in the spring of 2017; and WHEREAS, Change Order No. 2 will increase the project construction costs in the amount of$7,794.11 to $1,131,943.49; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. Change Order 2 in the total amount of$7,794.11 is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13'' day of February, 2017. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk #31 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Accept Professional Services Proposal for the Badger Park Phase 2 Improvements Meeting Date: February 13, 2017 Prepared by: Brad Nielsen, Director of Planning/Larry Brown, Director of Public Works Reviewed by: Attachments: Professional Services Proposal—Park Improvements, Building ARM Survey Policy Consideration: Should the City Council enter into a contract with WSB &Associates, Inc. to prepare construction documents for the Badger Park Phase 2 Improvements? Background: The Badger Park Phase 2 Improvement project was initiated by the City Council in 2017. Phase 1 of the Badger Park Improvements was constructed in 2016, and included the construction of a lacrosse/football field just east of City Hall,within Badger Park. Phase 2 improvements have been budgeted for design and construction in 2017 and include extension of sewer and water services for a future site building,grading of green space, parking lot expansion, stormwater drainage improvements, sidewalks and trails. Proposed professional services include: • Geotechnical Coring Evaluation • Asbestos and Regulated Material Survey(separate scope attached) • Project management and coordination • Coordination with private utility companies • Final grading and parking lot design • Storm Sewer Design • Pond Maintenance and Retrofit for Treatment Capacity • Wetland Permit Coordination • BMP Design and Construction Documents • MCWD Permitting • Addition of a Culvert Land Bridge (wood chip trail crossing) • Prepare final plans, project specific specifications, contract documents, and bidding forms • Coordinate project advertisement • Preparation of estimated quantities • Construction Administration, Observation and Survey Services Total Estimated Engineering Fee: The cost to provide the scope of services outlined in this proposal is estimated to be$1,500 for ARM Survey, $1,200 for Geotechnical Coring Evaluation, $62,760 for preparation of construction bidding documents (plans, specifications, bidding) and $57,826 for Construction 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 Time Schedule: Based on the current project schedule,WSB &Associates, Inc. proposes to commence immediately with the project in time for construction starting in July, 2017. 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 for professional services for the Badger Park Phase 2 Improvements be approved by Council. WSB S n .dsarr rcrrn lac. engineering-planningenvironmental-construction 477 Temperance Street St.Paul,MN 55101 Tel: 651-286-8450 Fax 651-286-8488 February 8, 2017 Honorable Mayor and Council Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Proposal for Final Design &Construction Services Badger Park Phase 2 Improvements WSB Project No. 2925-300 Honorable Mayor and Council Members: WSB &Associates, Inc. is pleased to provide you with our proposal for the preparation of plans and specifications, bidding services, and construction services for Badger Park Phase 2 Improvements. Project Understanding The Badger Park Phase 2 Improvement project was initiated by the City Council in 2017. Phase 1 of the Badger Park Improvements was constructed in 2016, and included the construction of a lacrosse/football field just east of City Hall,within Badger Park. Phase 2 improvements have been budgeted for design and construction in 2017. Completion of the Phase 2 Improvements will: • Provide a sidewalk connection between City Hall and the South Shore Community Center and will also surround the recently constructed lacrosse field area. • Expand the existing parking lot drive aisle that currently connects the City Hall and South Shore Community Center parking lots to include additional shared parking areas and ADA access to the new sidewalk facilities. • Removal of the existing warming house structure and the associated utility services for that building. Removal of the structures is necessary to allow for the future construction of a play area within the park, between City Hall and the lacrosse field. • Extension of new sanitary sewer and water services to the proposed play area within the park. • Landscaping enhancements within the park area. • Decorative pavement in the drop-off area at South Shore Community Center. • Storm water improvements to meet current water quality requirements for the Badger Park Improvements. This may include cleaning of the existing stormwater basin east of and adjacent to the lacrosse field and improvements to the existing drainage way that traverses along the south and east sides of the site. Equal Opportunity Employer wsbeng.com K:\0 29 25-3 00\Adniin\Docs\2925-300 COM Letter n'oposal to P Hanby for Final Design Construction...docx Badger Park Phase 2 Improvements —Final Design & Construction Services Proposal February 8, 2017 Page 2 • Evaluate the potential to install a box culvert within the existing drainage way to provide a pedestrian crossing for nature train users within the park area. Proposed Services Our proposed services include: a geotechnical coring evaluation of the existing conditions within the proposed parking lot expansion area; a Regulated Materials Survey for the warming house area prior to demolition of the building structure; preparation of plans and specifications for bidding purposes; permitting for the proposed improvements; bidding administration; and construction related services. Geotechnical Coring Evaluation • Obtain core samples from the existing parking lot areas to determine what bituminous and aggregate sections currently exist. Asbestos and Regulated Material Survey • A detailed proposal has been prepared for the Asbestos and Regulated Material Survey associated with the warming house structure removal, and in included as a separate attachment to this letter proposal. Preparation of Plans and Specifications& Bidding Services: • Project management and coordination/meetings with City staff and the City Council. • Coordinate construction of the proposed project with any private utility companies located in the improvement area. This coordination will include providing layout drawings to any affected utility companies and hosting an on-site utility relocation meeting to determine what utilities, if any, will require relocation. • Final grading and parking lot design. • Storm Sewer Design o An existing 24" storm trunk line collects stormwater from the golf course, Country Club Road, and Badger Park parking lot and drains into the existing stormwater pond. It is anticipated that new storm sewer will need to be designed to accommodate the parking lot reconfiguration. Design will include subwatershed delineations, existing and proposed conditions models and storm sewer sizing calculations, drainage Plan sheets, and storm sewer quantity tabulations. • Pond Maintenance and Retrofit for Additional Treatment Capacity • Assume less than 40%of the site(parcel)will be disturbed, greater than 1 acre of new impervious, and there will be less than a 50% increase in impervious surface on the site. • It is anticipated that water quality improvements will require phosphorus, rate and volume control for the net new impervious surface.The site has an existing stormwater pond that was likely constructed meet NURP Design criteria for the tributary drainage area. Based on information provided this basin has accumulated sediment and needs to be dredged to restore its treatment capacity.Additionally, in order to meet the water quality requirements for the project, it is anticipated that a filter bench will need to be installed along the edge of the pond to provide additional phosphorus reduction capacity. Proposed work will includes: ■ Bathometric Survey and Sediment Testing : This task includes completing a bathometric survey to determine the volume of sediment that needs to be removed.This information will be processed and uploaded into the City's K:\0 29 25-3 00\Adnrin\Docs\2925-300 COM Letter R'oposal to P Hanby for Final Design Consrrucdon...docx Badger Park Phase 2 Improvements —Final Design & Construction Services Proposal February 8, 2017 Page 3 Storm Water Asset Management Program for final design recommendations. Sediment sampling and analysis will also be conducted to determine the appropriate sediment disposal methods (consistent with the MPCA's Managing Stormwater Sediment: Best Management Practice Guidance). • Deliverables: Bathometric survey results uploaded into City's SWAMP, Pond Sediment Testing Spreadsheet. This task does not include lab fees. The fees will be passed on to the City. ■ Wetland Permit Coordination: This task consists of coordinating and obtaining the required permits for the proposed pond maintenance activities. It is anticipated that US Army Corps of Engineers permitting will be required based on experience with similar projects. In addition, WSB will coordinate the necessary Wetland Conservation Act(WCA) no-loss applications and MCWD Wetland Permits. • Deliverables: Necessary permitting documentation for the US Army Corps of Engineers and WCA. This task does not include any necessary permit application fees; these will be passed on to the City if applicable. ■ BMP Design and Construction Documents: This task consists of completing BMP HydroCAD and water quality models to demonstrate required phosphorus reduction capacity and rate control requirements are met. Construction plans and specifications will be developed using recent pond inspection data. Plans are anticipated to include: details and cross sections for filter bench, pond grading plan, and restoration. • MCWD Permitting o As part of the proposed work outlined in this scope it is anticipated that the following permits may be required from MCWD. WSB Water Resources staff will prepare permit application, supporting documents and graphics necessary for permit submission.The proposed fee includes one round of comments responses to MCWD. ■ Erosion Control Permit ■ MCWD Wetland Permits (covered above) ■ Shoreline and Streambank Stabilization ■ Waterbody Crossings &Structures ■ Stormwater Management Permit ■ This task does not include any necessary permit application fees; these will be passed on to the City if applicable. • Addition of a Culvert Land Bridge o An existing wood chip nature trail extends from the existing wooden bridge by the South Shore Center to the south and east with a proposed connection west of the Lacrosse/football field. A new culvert is proposed to connect the wood chip trail to the proposed bituminous Park. Design will include existing and proposed conditions models to demonstrate culvert and trail do not create an adverse condition for upstream property owners. • Assume land bridge will not create any wetland fill. • Prepare final project and construction schedule K:\0 29 25-3 00\Adnrin\Docs\2925-300 COM Letter R'oposal to P Hanby for Final Design Consrrucdon...docx Badger Park Phase 2 Improvements —Final Design & Construction Services Proposal February 8, 2017 Page 4 • Preparation of estimated quantities and detailed engineer's opinion of final probable construction cost as it relates to the work outlined in our scope of services. • Prepare final plans, project specific specifications, contract documents, and bidding forms. Specifications will be in accordance with the City of Shorewood standards. • Coordinate project advertisement. We will distribute plans and specifications to the contractors, as well as any required addenda. We will also attend the bid opening at City Hall and prepare a tabulation of bids, and bid results letter for City Council consideration of award. Permitting: ■ WSB &Associates, Inc. will obtain the necessary permit from the Minnehaha Watershed District to construct the project. Construction Services: ■ WSB will provide construction administration, observation and survey services including project management (weekly construction meetings, utility coordination, contractor coordination, project close-out); construction survey staking; construction observation; record drawings; permit monitoring and compliance review. We are proposing to complete the work on a cost-reimbursable basis in accordance with our current fee schedule. The estimated fees for the Geotechnical Coring Evaluation is $1,500. The estimated fee for the Asbestos and a Regulated Materials Survey is $1,200. The estimated fees for Design, Permitting and Bidding Services Fees are $62,760. The estimated fees for Construction Services are $57,826. Preparation of grant applications is not included in the project scope; however, WSB staff can provide this service to the City if desired. Thank you for this opportunity to provide professional consulting services to the City of Shorewood. If this proposal is acceptable, please execute the signature block below and return as our authorization to proceed. Please do not hesitate to contact me at 952-737-4675 if you have any questions. Thank you. Sincerely, WSB&Associates, Inc. kWw C* dL Monica Heil, PE Senior Project Manager PROPOSALFOR: K:\0 29 25-3 00\Adnrin\Docs\2925-300 COM Letter R'oposal to P Hanby for Final Design Consrrucdon...docx Badger Park Phase 2 Improvements —Final Design & Construction Services Proposal February 8, 2017 Page 5 Final Design/Bidding Services and Construction Services—Badger Park Phase 2 Improvements. ACCEPTED BY: City of Shorewood, MN Name Title Date K:\0 29 25-3 00\Adnrin\Docs\2925-300 COM Letter R'oposal to P Hanby for Final Design Consrrucdon...docx AL WSB ANNENNEK 701 Xenia Avenue South I Suite 300 1 Minneapolis,MN 55416 1 (763)541-4800 February 6, 2017 Paul Hornby City of Shorewood Engineer 5755 County Club Road Shorewood, MN 55331 Re: Scope of Work and Cost-Asbestos and Regulated Materials Survey Badger Park Warming House 5745 Country Club Road Shorewood,MN 55331 Dear Mr. Hornby: WSB and Associates, Inc. (WSB) prepared this scope of work and cost estimate to perform an Asbestos and Regulated Materials Survey at the warming house building located at Badger Park in Shorewood, Minnesota (the Site). It is our understanding that the City of Shorewood (City) intends to demolish the warming house structure as part of a park improvements project. The scope of work for this survey will include the completion of the following tasks: Asbestos Sampling WSB will use destructive sampling methods to identify asbestos-containing materials (ACM) per Minnesota Pollution Control Agency (MPCA), Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) guidelines and Minnesota Department of Health (MDH) Rules 4620.3460. Materials identified as ACM will be assessed and classified as Friable, Category I or Category II non-friable ACM. WSB will provide estimated quantities of ACM identified during the survey. Lead-Based Paint Sampling WSB will identify surfaces at the Property that have the potential to be recycled/disturbed during future renovation activities and collect samples of those surfaces for lead-based paint (LBP) analysis. If LBP is detected, the surfaces will be identified as requiring special management during recycling. Materials likely to be sampled include concrete, metal piping, and miscellaneous metal building components. Regulated Materials Inventory WSB will document the description and location of known materials that may be of environmental concern for renovation/demolition, including but not limited to, light ballasts, fluorescent light bulbs, mercury switches, lead-acid batteries, potential polychlorinated biphenyl- (PCB-) containing equipment, and other readily-apparent regulated/special waste materials per MPCA guidelines. We will also note other items present that may require special attention prior to or during demolition including; wells, septic systems, above/underground tanks, hoists, oil water separators, etc. Building a legacy—your legacy. Equal Opportunity Employer I wsbeng.com Mr. Paul Hornby City of Shorewood Page 2 Reporting WSB will prepare a letter report summarizing our methods and findings for the Asbestos and Regulated Materials Survey, including results tables, sample location diagrams, regulated materials quantities and laboratory reports with chain-of-custody records. WSB understands the final report may be used for environmental planning, budgeting, and bid solicitation associated with Site redevelopment. Assumptions The following is assumed for this scope of work: • The City will provide full access to the Site building. • The Site building will be vacant at the time of the survey. • Destructive sampling methods will be used, and materials not sampled due to safety or access limitations will be identified in the report. • WSB anticipates approximately 15 asbestos samples and 5 paint samples will be collected for laboratory analysis. Additional samples will be charged at a rate of$8.00 per sample for asbestos and $10.00 per sample for paint. • Laboratory analysis of asbestos and paint samples will be conducted under a standard 3 to 5 day standard turn-around timeframe. • Scheduling will be initiated within 24-hours of receipt of a signed proposal. Total Cost and Schedule WSB will conduct this scope of work for a lump sum cost of$1,200. If additional work is required beyond this scope, WSB will provide the services on a time and materials basis with approval from the City. Upon authorization,WSB can initiate the work as early as February 13, 2017. If you wish to authorize this work, please sign below and submit a copy to WSB. WSB appreciates the opportunity to submit this proposal and looks forward to providing services to the City for this project. If you have any questions regarding this proposal, please feel free to contact me by phone at 763-231-4854 or by e-mail at rspencerL@wsbenLy.com. Sincerely, WSB&Associates,Inc. 9_1_4�1_1 Ryan Spencer Senior Environmental Scientist #9A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Country Club Road,Yellowstone Trail, and Lake Linden Road Discussion Meeting Date: February 13, 2017 Prepared by: Paul Hornby Reviewed by: Attachments: Traffic Memorandum, Concept layouts Policy Consideration: Should the City begin planning of improvements recommended by the Traffic Committee, or other improvements to Country Club Road,Yellowstone Trail, and Lake Linden Drive? Background:The City Council discussed the Traffic Committee supported improvements for the Country Club Road,Yellowstone Trail, and Lake Linden Drive corridor at the July 11, 2016 work session and the September 12, 2016 Council meeting. Council consensus at the last meeting directed staff to provide a shorter list of potential improvements with a brief statement of the feasibility, estimated costs and time effort to implement. Staff has reviewed the list of improvements identified in the corridor from the September 12th meeting and have provided a short summary of the improvement, estimated range of potential costs, advantages and disadvantages that are associated with feasibility of the improvement. The estimated time to implement each project is variable and will depend upon capital funding. Lower cost items such as driver awareness/feedback signage, pavement markings, are lower cost improvements that can be implemented short term (2017-2018). The summary of items below provide an estimated time of implementation. Smithtown Road at Country Club Road— ■ Dual Roundabout(CSAH 19)-2 to 4 years due to land acquisition and coordination with the County • Signalized Intersection—1 to 2 years due to coordination with the County Smithtown Road— ■ Widen Roadway from Wooden Cleek Drive to Country Club Road- 1 to 2 years to plan, design and construct Country Club Road— ■ Widen roadway approaching Smithtown Road—1 to 2 years to plan, design and construct • Widen roadway with bike lanes—2 to 3 years to plan, design, acquire land/easements and construct 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 Yellowstone Trail— ■ Stop sign Enhancements—3 to 6 months to order install signs • Improve sight lines- 0 to 6 months—Could utilize Arborist or City staff for tree trimming City staff for signage • Intersection Improvements-6 months—implement with pavement marking in 2017 • Realign intersection at Seamans Drive- 6 months to 18 months to plan design, quote improvements Lake Linden Drive— ■ Access Improvements—Cub/Mall Exit- 6 months to plan, design and 6 months to one year to coordinate with owner • Roadway Improvement—Widening at TH 7- Ito 2 years due to coordination with MnDOT Cub/Mall • Roadway Realignment—Westbound access—2 to 4 years to plan and coordinate with additional access to MnDOT right of way, potential land acquisition Miscellaneous Improvements— ■ Technology Improvements—Google Maps- 6 to 8 months (staff time) • Enforcement- Staff time (immediate) • Traffic Calming—Driver Feedback signs-3 to 6 months to order install signs Recommendation/Action Requested: Staff requests the Council engage in discussion about the Summarized improvements and provide staff direction on actions for theses roadways. Infrastructure■ Engineering■ Planning■Construction 701 Xenia Avenue South 1,"Iyvt Yah'a.hN Suite#300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 Memorandum To: Larry Brown, P.E., Public Works Director Paul Hornby, P.E., City Engineer City of Shorewood From: Chuck Rickart, P.E., P.T.O.E. Transportation Engineer WSB &Associates,Inc. Date: January 17, 2017 Re: Traffic Committee Summary City of Shorewood,MN WSB Project No.: 2925-140 The Shorewood Traffic Committee presented a report to the City Council on July 11, 2016. The Mayor and City Council requested that information be provide so that they have a basis for discussion of potential improvements for the traffic corridors of Country Club Road, Yellowstone Trail, and Lake Linden Drive. The City Council ask that a summary of the potential feasible improvements (i.e. moderate to low cost and easily implementable) from the Concept/Idea list provided by the Traffic Committee. The summary outlined below includes the scope of each item,potential cost range and the advantages and disadvantages by roadway segments. Smithtown Road at County Club Road Dual Roundabout(Country Club Road and CSAH 19) - Includes reconstruction of both CSAH 19 and County Club Rd with two interconnected roundabouts. This improvement would involve significant design, right of way impacts and coordination with Hennepin County. Estimated Cost Range - $2,000,000 to $2,500,000 Advantages: • Improves safety • Improves traffic efficiency • Discourages cut-through traffic Disadvantages: • Does not restrict cut-through traffic • High cost • Requires property acquisition • Roundabout configuration requires public education Traffic Committee Summary City of Shorewood, MN January 17, 2017 Page 2 Signalized intersection coordinated with CSAH 19 - Includes a traffic signal at the intersection of Smithtown Road and Country Club Road with additional lanes on Country Club Road and Smithtown Road. Signal coordination with CSAH 19 intersection would require review and approvals with Hennepin County. Estimated Cost Range - $1,250,000 to $1,750,000 Advantages: • Improves safety • Improves traffic efficiency • Reduces traffic congestion Disadvantages: • Does not limit cut-through traffic • High cost • Requires property acquisition Smithtown Road Widen roadway from Mattamy Entrance to Country Club Road- Includes addition of a left turn lane, a through/right turn lane and a separated bike/pedestrian path without addition of any traffic control at Country Club Road. Estimated Cost Range - $350,000 to $500,000 Advantages: • Improves safety • Improves traffic efficiency • Reduces traffic congestion Disadvantages: • Does not limit cut-through traffic • Moderate cost Country Club Road Widen roadway approaching Smithtown Rd- Includes addition of a left turn lane and right turn lane without addition of any traffic control at Country Club Rd. Estimated Cost Range - $200,000 to $300,000 Advantages: • Improves safety • Improves traffic efficiency • Reduces traffic congestion Disadvantages: • Does not limit cut-through traffic • Moderate cost Traffic Committee Summary City of Shorewood, MN January 17, 2017 Page 3 Widen add bike lanes with 25 mph Speed Limit- Includes widening Country Club Road to provide a through lane in each direction with a minimum 6 foot on road bike lanes with a 25 mph speed limit. Estimated Cost Range - $1,250,000 to $1,750,000 Advantages: • Improves safety • Possible reduction in speed • Discourages cut-through traffic Disadvantages: • High cost • Requires property acquisition • Requires more enforcement Yellowstone Trail— County Club Rd to Lake Linden Drive Stop Sign Enhancements - Change existing stop signs to Blinker Stop signs at County Club Road and Lake Linden Drive intersections Estimated Cost Range - $5,000 to $7,500 Advantages: • Improves safety • Daytime visibility • Low cost Disadvantages: • Nighttime visibility for neighbors • Needs a power source Improve Sight Lines - Cut back trees along corridor especially at intersections Estimated Cost Range— Staff time Advantages: • Improves safety • Low cost Disadvantages: • Does not restrict cut-through traffic Traffic Committee Summary City of Shorewood, MN January 17, 2017 Page 4 Intersection Improvements - At the Lake Linden Drive intersection add a street light, a pedestrian crosswalk, and pedestrian crossing signs. Estimated Cost Range - $1,500 to $2,000 Advantages: • Improves safety • Low cost Disadvantages: • Does not restrict cut-through traffic Yellowstone Trail—West of Lake Linden Drive Improve Sight Lines - Trim trees and add additional curve signing at Seamans Drive (delineate curve). Estimated Cost Range— Staff time+ $400 to $500 Advantages: • Improves safety • Low cost Disadvantages: • Does not restrict cut-through traffic Improve Sight Lines - Realign Yellowstone Trial at Seamans Drive to a 90 degree intersection with Blinker Stop signs. Estimated Cost Range— $20,000 to $30,000 Advantages: • Improves safety • Daytime visibility Disadvantages: • Moderate cost • Requires property acquisition • Nighttime visibility for neighbors • Needs a power source Traffic Committee Summary City of Shorewood, MN January 17, 2017 Page 5 Lake Linden Drive Improve Sight Lines - Fix grade changes north of Cub development access for left turning vehicles Estimated Cost Range - $30,000 to $50,000 Advantages: • Improves safety Disadvantages: • Possible property acquisition • Moderate cost • May encourage cut-through traffic Lake Linden Drive at Cub Entrance/TH 7/TH 41 Access Improvements - Close Cub development exit from the east at frontage road (Lake Linden Drive) maintaining inbound movement. Estimated Cost Range - $5,000 to $10,000 Advantages: • Improves traffic efficiency Disadvantages: • Development circulation • Moderate cost • May encourage cut-through traffic Roadway Improvement-Widen Lake Linden Drive eastbound to two approaching lanes (one right turn/through to westbound TH 7 and to TH 41 and one left turn to eastbound TH 7) and one exiting lane westbound. Estimated Cost Range - $500,000 to $750,000 Advantages: • Improves traffic efficiency Disadvantages: • High cost • Requires property acquisition • May encourage cut-through traffic Traffic Committee Summary City of Shorewood, MN January 17, 2017 Page 6 Roadway Realignment-Move the westbound right turn lane from the intersection at TH 41 to a free right with acceleration lane at approximately the existing Lake Linden Drive extended. (Movement would be removed from the TH 7/TH 41 intersection) Estimated Cost Range - $500,000 to $750,000 Advantages: • Improves traffic efficiency Disadvantages: • High cost • Requires property acquisition • May encourage cut-through traffic • Requires MnDOT review and approval Miscellaneous Technology Improvements - Remove use of Country Club Road, Yellowstone Trail and Lake Linden Drive from Google Maps directions. Estimated Cost Range— Staff time Advantages: • Discourages cut-through traffic • Low cost Disadvantages: • Process in removing roadways Enforcement- Improve/Enhance enforcement of speeding and traffic control on area roadways. Estimated Cost Range— Staff time Advantages: • Improves safety • Improves traffic efficiency • Low cost • Discourages cut-through traffic Disadvantages: • Limited availability of Police Traffic Committee Summary City of Shorewood, MN January 17, 2017 Page 7 Traffic Calming- Add Driver Feedback speed control signs at selected locations on Yellowstone Trail and Lake Linden Drive Estimated Cost Range - $5,000 to $7,500 each Advantages: • Improves safety • Reduces speed • Low cost Disadvantages: • Does not reduce cut-through traffic Should you have any questions or concerns regarding this memo,please do not hesitate to contact me at 763-287-7183 a ' 1 Of i 6F AL w }- f is w a ■ • t _ r _ P d how 9 7 i y r ,i t $ ` r r ■ • .4 'f FFF F . F t * r-` - a r _'list. op � R #10A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: See Click Fix Renewal Meeting Date: 02/13/2017 Prepared by: Julie Moore, Communications and Recycling Coordinator Reviewed by: Greg Lerud, City Administrator Attachment: 2017 invoice Policy Consideration: Should we renew the contract for SeeClickFix for one more year? Background:When the city contracted with See Click Fix it was with the stipulation we would review the service after one year to consider whether or not we should continue. We have discussed various options with the See Click Fix staff including a price reduction, service additions, marketing, and additional staff training. Because the price of SeeClickFix is considerably lower than what they are now offering other cities,they felt they could not lower our price. What they could offer is additional services without raising our price. One service addition would be allowing us to add an internal work order system.This would allow departments to issue internal work orders which could be tracked by staff.This could be especially useful for the Public Works department. Front desk staff could issue work orders as they are called in, and individual public works staff members could issue work orders for items or issues that come up during the work day, or if they see something while out in the field. SeeClickFix have already been able to add a required name and phone number field for private property complaints that can only be viewed internally. This allows the city to remain compliant with city policy. Additionally, SeeClickFix is willing to work with us to not charge the usual fee for us to have a personalized mobile app. I am waiting for specifics on this app as there might be a small design charge involved. Other services they are going to offer at no charge include: additional staff training and additional marketing design services. Financial or Budget Considerations: Recommendation/Action Requested: We recommend extending the contract for one additional year and working with SeeClickFix to add training, marketing and work order services, as well as further investigating the personalized Shorewood mobile app. 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 SeeClickFix 770 Chapel Street, 3rd Floor New Haven, CT 06510 US (203 )752 -0777 accounting@seeclickfix.com http: / /seeclickfix.com III E i BILL TO Bruce DeJong Shorewood, MN 5755 Country Club Rd Shorewood, MN 55331 INVOICE # 2016 -966 DATE 01/01/2017 DUE DATE 02/15/2017 TERMS Net 45 ACTIVITY QTY RATE AMOUNT! DEF -REV:2 Plus Req 12 315.00 3,780.00 Plus Annual License (01/29/2017 to 01/28/2018) BALANCE DUE Please update your records to our New Address as of Jan 1, 2017 770 Chapel St New Haven, CT 06510 Please remit funds in US Dollars. Thank you. Click the below link for SeeClickFix W9 https: / /drive.google.com /file /d /0BwW zrHi8QH2anFObEIKU3h5bFk /view ?usp = sharing #10B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Wartman,Stanley-Appeal for Extension of Deadline to Comply with Notice to Remove Meeting Date: 13 February 2017 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Notice to Remove Appellant's appeal letter Site Photos Policy Consideration: Should Stanley Wartman be granted additional time to comply with an order to remove nuisance items from his property at 26750 Smithtown Road? Background: Our office has received a resident complaint regarding the above-referenced property. The complaint alleged that the property was being used for outdoor storage of unlicensed or inoperable vehicles, equipment, building materials and junk. Upon inspection of the site the allegations were found to be accurate and a notice was sent to the property owner(see attached). In his appeal letter, attached, he has appealed to the City Council for additional time to comply with the order. Due to the volume of items located on the property, Mr. Wartman has asked for three months to comply. Financial or Budget Considerations: Staff time associated with inspection and enforcement of code violations. This case may very well ultimately involve City Attorney time, court costs and costs to clean up the property, all of which is undetermined at this time. Options: Grant the appellant 90 days to comply with the notice;grant a 30-day extension to resolve the violations; provide additional extensions based on good-faith efforts to resolve the violations;turn the matter over to the City Attorney for legal action. Recommendation/Action Requested: Mr. Wartman has removed the vehicle that initially brought attention to his property. It is recommended that the Council grant a 30-day extension,with the potential for another 30-day extension based on significant progress. By significant progress,we suggest that work begin immediately to remove items and vehicles that are not frozen in. Next Steps and Timelines: The property should be inspected by 9 March, after which staff will report to the City Council on 13 March as to the progress and whether additional time to comply will be granted. Connection to Vision/Mission: Code enforcement contributes to a healthy environment and 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 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 DATE: January 12, 2017 TO: Adeline Wartman Stanley Wartman 26750 Smithtown Road Shorewood, MN 55331 PROPERTY LOCATION: 26750 Smithtown Road PROPERTY IDENTIFICATION NO.: 32-117-23-24-0031 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.05, Subd. 9 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the following: VEHICLES OR EQUIPMENT UNLICENSED AND/OR INOPERABLE: Buick LeSabre, Lic# 790DWY (Jul'13) —expired license; not registered to occupant of property GMC Van-on trailer, Lic# SGL439 (Dec'14) —expired license; not registered to occupant of property Dump Truck(red), Lic.# YAX4109F (Feb`14) —expired license; not registered to occupant of property; exceeds 12000 lbs gross weight Chevrolet Van, Lic#NRE292 (Mar'09) —license not on file; expired; inoperable Cadillac (blue), Lic# REW 184 (Nov'11) —license not on file; expired Honda sedan (blue), Lic# 647LYR (Jul'96) —expired license; inoperable Chevrolet Pickup Truck, Lic#PHD388 —expired license; inoperable Chevrolet Pickup Truck(red/silver), no license Truck(white), Lic# YM76310 —expired license Suzuki Motorcycle, Lic# ML10 957 ('90) —expired license Motorcycle (blue) —no license Motorcycle (under blue tarp) —license not visible Equipment trailer—no license visible Multiple small trailers —no licenses Multiple vehicle bodies Jet ski on trailer—no license visible Boat (white) on trailer, Lic# MN0683AF ('97) —expired Boat (white) on trailer - no license visible Boat (brown/white) on trailer—no license visible Fishing boat—license not legible Multiple old boat hulls Notice to Remove January 12, 2017 Page two OTHER: Items that are not accessory to the principal use of the property or are dilapidated, damaged, broken, missing parts, or have other characteristics that render the items unusable include: basketball backboards; tubs; many bicycles; pails; tanks; drums; barrels; vehicle parts; tires; refrigerator; construction material; tile; imitation Christmas tree; vehicle rims; windows; doors; metal roofing; lawn mowers; lawn furniture; several barbeques; old farm equipment; work platform; couch; multiple lawn tractors; wire forms; pickup topper; multiple snowmobiles; top portion of snowmobile trailer (Polaris); axles (for moving large items); trailer (with vinyl siding, used as storage shed); camper trailer; pallets; toilets; cement mixer; pipes; wire; tables; lumber; brush; carpeting; appliances; laundry basket; tools; lawn equipment; construction debris; ductwork; racks; culvert parts; many other similar miscellaneous items. You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.05 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the matter shall be subject to Administrative Enforcement which may result in penalties starting at $100 per offense. PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION BY ORDER OF THE SHOREWOOD CITY COUNCIL 2 Adeline Wartman Stanley Wartman 26750 Smithtown Road P Shorewood, Mn 55331 l January 13, 2017 To: Shorewood City Council Subject: Notice to Remove Offensive and Unhealthy Substances 26750 Smithtown Road Property Identification #32-117-23-24-0031 We are writing to appeal the deadline date of January 22, 2017 for the 'removal of vehicles or equipment and other substances' on the property noted above. Due to the current inclement snowy and cold weather cycle of thawing and freezing, the removal of the aforementioned substances on this property would be an extreme hardship at this time. We therefore request an extension of three months to comply with the 'Notice to Remove' mailed to us on January 12, 2017. Granted this extended time, we will be able to remove the listed violating substances that are now stuck in snow, ice, and mud. We appreciate your consideration in this matter. I Thank you, Stanley Wartman I i i I r _ Ao �r t VA.a 'i tv 71 k!i niT\ F Q fo All, 1 . I � at� "r i r ,n i 0 03 20 7 „F ( 1 it X1/03 X17 a A L 01/03/201r 01/031201 #soc MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Letter from City of Excelsior RE: Waters of Excelsior project Meeting Date: February 13, 2017 Prepared by: Greg Lerud Reviewed by: Attachments: Letter from Excelsior City Attorney, Kevin Staunton Background:All the necessary agreements have been approved by the Shorewood City Council for the Waters of Excelsior project. At the last meeting,the Resolution approving the detachment was contingent on the two city staffs and consultants reaching an acceptable financing arrangement with Excelsior for the TIF expenses. The attached letter confirms Excelsior's stated position that they will only accept a pay-as-you-go TIF financing and they will not consider the Tax Exempt Tax Increment bond as the Council discussed at the last meeting. Since the last city council meeting, city staff has provided Excelsior with the information they requested on Shorewood's financing option. In addition,we have asked for a meeting between their staff, financial advisor, and bond counsel and ours to discuss the financing of this project. They came into this project having determined that there is only one way to provide financing for the TIF, and have shown no interest whatsoever in considering any alternatives.The response was the attached letter. Please recall from last month's work session that the tax exempt TIF revenue bond from Shorewood resulted in an estimated $1.3 million in savings,with the developer still receiving what he requested. The two cities realize approximately$360,000 in taxes that were not paid to the developer because the TIF was paid earlier compared to the pay-as-you-go. Excelsior has said that it is critical to them that some of the units in the new facility restricted for lower income/lower rent and that the city has to have a remedy to enforce that provision. It is important to know that this was not an initial requirement of the City of Excelsior, but instead was offered by the developer in his proposal. Excelsior is using the enforceability of that part of the project is one of the main reason that they will not consider an alternative financing proposal. Options:There are two options: 1. Reject their proposed financing until Excelsior meets the conditions set forth by the Shorewood council in the motion to approve the Resolution: Siakel moved, Sundberg seconded, guiding staff to present the Tax Increment Financing Revenue Bond financing option to the City of Excelsior for discussion while extending latitude to the Shorewood City Administrator and City Attorney to negotiate the best financing option on behalf of Shorewood. 2. Accept Excelsior's pay-as-you-go financing. Recommendation/Action Requested: The developer has indicated that either financing option is acceptable to them. Use of tax increment financing to support a project deserves a thorough discussion 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 because these are tax payer dollars that are being used. With estimated savings of more than $300,000 between the financing options, I think it is incumbent, for the best interests of the residents and taxpayers in the two cities,to work through and negotiate these business decisions so we reach an agreement that is mutually beneficial. CITY OF EXCELSIOR 339THIRD STREET EXCELSIOR, MINNESOTA 55331 TEL: 952-474-5233 FAX: 952-474-6300 February 9, 2016 Greg Lerud City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 RE: Waters of Excelsior Development Dear Mr. Lerud: I'm writing to follow up on conversations and correspondence over the past several weeks regarding the above-referenced issue. As you know, this has been an unusually complex project. Excelsior staff and Council have been considering it for well over a year. In addition to public financing, the project approvals have required extensive discussions of annexation, PUD voting requirements, affordable housing, and building/site design. The ultimate approval of the project includes a delicate balance of building design, affordable housing, public improvements, and public financing. Given that the project was approved by a 3-2 vote of our Council, modification of any one of the pieces of the puzzle could derail the project. I provide you with that background to underscore the challenges of making changes to the deal negotiated with the developer at this stage of the process. With that background in mind, we do not believe that the proposal you are making is viable for several reasons. First, it appears that we have been operating on different understandings of the facts. The deal Excelsior negotiated with the developer calls for Tax Increment Financing (TIF) to reimburse eligible expenses of up to $2.5 million. Pursuant to the draft development agreement, Excelsior would agree to reimburse those expenses plus 5.5% interest over the life of the TIF District (which we anticipate would be between 16 and 19 years). This is different than the assumption you have been operating under — that we had only agreed to reimburse $2.1 million and that the $2.5 million figure was a total reimbursement including interest and any other financing costs. Accordingly, a portion of the savings you have identified are not really savings, they are reductions in the amount we agreed to reimburse the developer. While Excelsior has no problem reducing the amount of the reimbursement, it is not necessary to depart from the pay-as-you-go structure to do so (and, we suspect, the developer would be unwilling to proceed with a $400,000 reduction in the financing). Second, the proposal you have made undermines a key component of the agreements negotiated with the developer. The pay-as-you-go model we have built into the development agreement provides a tool for enforcing continuing developer obligations (the most prominent of which is the obligation to provide affordable housing as part of the project) that are otherwise difficult to enforce without practical difficulties and substantial expense. By shifting to the model you propose, we will not be able to use the stream of increment payments to force compliance with conditions of approval — both because we suspect the lender would insist we abandon our right to do so and because doing so would no longer have an impact on the developer since he would already have received his money. Third, your proposal creates back-end risk in the event that the property owner were to appeal the valuation of the property at some point in the future. If such an appeal were successful, Excelsior could be put it the position of having to reimburse increment payments at a stage of the TIF where remaining increment could be insufficient to fund such a reimbursement. An agreement to prevent the developer from pursuing such an appeal would render the bonds taxable and thereby reduce or eliminate the financial advantage of the proposal. While your proposal may result in a reduced overall cost of the project through interest savings, we believe it unnecessarily increases both the risk and the complexity of the deal. It is possible that "work around" arrangements could be constructed to address some of these issues. Each additional work around, however, adds complexity and risk to the deal. Our council has a long-standing policy of limiting TIF to pay-as-you-go (and have stuck to that policy even when revenue — rather than GO — bonding has been proposed in the past). Their pay- as-you-go policy is designed to both reduce complexity and eliminate risk. We believe your proposal does little to reduce the cost and increases both the risk and the complexity of the deal. Accordingly, we cannot agree to the proposal or recommend it to the Excelsior City Council. While we appreciate your offer to meet to discuss other alternatives, we do not believe — under the circumstances — such a meeting would produce results. Sincerely, Kzj� Kristi Luger City Manager I Date: February 13, 2017 To: Mayor Zerby Council Members From: Bruce DeJong, Finance Director Re: December, 2016 Quarterly Investment Report The City's cash reserves have been invested in both cash flow type of investments to meet ongoing expenditure needs and longer -term securities with higher returns than money market funds. It is important to remember our investment priorities in order of concern: 1. Safety — preserving principal; 2. Liquidity = having funds available when needed to pay expenses; 3. Yield — earning market returns for the amount of risk we are willing to accept. With the investments that the City currently in the portfolio, and with our philosophy of holding investments to maturity, we are exposed to minimal risk of principal loss. The only expected change is when investments are marked to market and gains or losses are recognized at year end. Most older bonds available in the secondary market are priced at a "premium" because they make interest payments based on higher rates than current bond issues. That differential is why we were able to refund our EDA Lease Revenue bonds last year. These secondary bond issues often come with a higher return to likely call or maturity than newly issued bonds. When that differential is significant, staff has purchased some of these bonds. While the financial statements show a loss against the purchase price, that is just an amortization of the premium that the bonds were purchased at. The overall interest return on these investments was higher than the interest available in other investments at the time they were purchased. The net interest over the life of the bond is higher than newly issued bonds, certificates of deposit, or money market returns. In general, the city has only had three months where cash flow is positive — June, July, and December. Those months are when we receive tax settlements which are just prior to scheduled bond payments. The rest of the months need about $500,000 on average to cover operating costs. This means that the City should have a mix of callable and non - callable investments with both short-term cash flow needs being met and longer maturities targeting major cash needs over the five year maximum investment horizon. We are more frequently finding investments in the three year and over time frame with interest rates in excess of 1.5 %. Several high coupon bonds and Certificates of Deposit that are returning over 2% to maturity have been purchased. These securities may have premiums amortized over the next year. I have purchased Certificates of Deposit to specific months for cash flow needs. We have held a significant amount of money market funds to cover costs for major projects like the purchase of the ladder truck for the Excelsior Fire Department. The most significant risk in this environment is getting stuck with long -term investments at a very low rate when interest rates start to increase. Staff will invest these money market funds to increase the portfolio returns, while maintain flexibility to cover expenditures. Please contact me or Mr. Lerud if you have any questions. 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