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02-27-17 CC Reg Mtg Agenda CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 27,2017 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 February 13, 2017 Minutes B. City Council Regular Meeting Minutes of February 13, 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. LMCC Joint Powers Agreement Amendment Administrator's memo, Resolution C. Support for City Street Funding Bill Administrator's memo, Resolution 4. MATTERS FROM THE FLOOR (No Council Action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING A. Report by Marc Riedel on the February 7, 2017 Planning Commission meeting Minutes B. Conditional Use for Accessory Space Planning Director's memo, Applicant: Wayne Hartmann Resolution Location: 27460 Maple Ridge Lane CITY COUNCIL REGULAR MEETING AGENDA—February 27,2017 Page 2 9. ENGINEERING/PUBLIC WORKS A. Xcel Energy for the Chaska Road Power Burial(Oppidan) Engineer's memo 10. GENERAL/NEW BUSINESS A. Rental Housing Violation Administrative Enforcement Penalty Planning Director's memo, Draft Ordinance B. City Authority Over Rights-of-Way Administrator's memo, Resolution C. Making Planning Commission Appointments Administrator's memo, Resolution D. Retreat Follow-Up 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report 2. Galpin Lake Road Trail Funding Update B. Mayor and City Council 12. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION 5:30 P.M.—SOUTHSHORE MONDAY, FEBRUARY 13, 2017 CENTER 6:00 P.M.—CITY HALL MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Zerby called the meeting to order at 5:37 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie,;and Sundberg (arrived at 5:42 P.M.); and, Administrator Lerud; City Clerk Panchyshyn Finance Director <DeJong; Planning Director Nielsen; and, Director of Public Works Brown Absent: Councilmember Siakel B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented.Motion passed 310. 2. TOUR OF THE SOUTHSHORE CENTER The members of Council and Administrator Lerud toured the Southshore Center to look at items in need of repair or replacement. Upon completion of the tour,,Council recessed to City Hall at 5:57 P.M. for the remainder of the meeting. 3. COMPREHENSIVE PLAN 101 Mayor Zerby reconvened the work session at,6:05 P.M. and noted it started at the Southshore Center with a tour of the Center. Director Nielsen explained the Shorewood Comprehensive (Comp) Plan is the City's guide for all physical aspects of develophient and redevelopment. In Shorewood it would be more about redevelopment. Shorewood adopted its first Land Use Plan in 1971. That was the basis for Zoning Ordinance number 73 which lasted for the next15 years or more. In 1976 the Metropolitan Land Planning Act was adopted by the State and administered by the Metropolitan (Met) Council. The Met Council required all cities to prepare and adopt comp plans. Shorewood adopted its first Comp Plan in 1981. It consisted of seven documents; one for each stage of the planning process. The documents were the: Planning Tactics; Planning Inventory; Policy Plan; Development Framework; Housing; Parks and Recreation; and, Capital Improvement Program(CIP). The most recent update of the Comp Plan was adopted in 2009. The Met Council has required updates about every 10 years. The next update must be completed by September 2018. There have also been some amendments to the Comp Plan. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES February 13,2017 Page 2 of 5 For each required update the Met Council prepares a System Statement which sets forth the information the Met Council has about Shorewood. It tells cities what Met Council expects there to be in comp plans. The Statement for Shorewood classifies Shorewood as suburban. The Met Council expects suburban communities to develop or redevelop at densities of five units per acre. Shorewood was able to get by that for the 2009 Comp Plan update. Shorewood did identify a few locations that if redeveloped that would be done at higher densities. The Met Council understands that Shorewood is a fully developed community. Anything that would happen would be redevelopment including the Minnetonka Country Club redevelopment. The Statement contains estimates for population, households and employment. The Statement has Shorewood's population at 7,425 in 2014 and it estimates it to be 7,400 in 2020. The City will have to make a case to the Met Council on why the City anticipates,it's population to be higher than 7,400. The definition of planning is the anticipation of and preparation for the future. The Comp Plan is not just the seven documents. It is a decision making process. There,is,a comprehensive planning process diagram that shows the steps in the process that was in the original Comp Flan and he thought that should go back into the next update. He described the comprehensive planning process steps. 1. Planning tactics (there are other terms for that) — it is somewhat of an introductory chapter that deals with the basis for planning, the legal requirements for planning, and it starts to identify issues that the City wants to have resolved as part of the planning process. 2. Planning inventory — it goes through all of the physical; economic and social aspects of the community. Things tee; land use, transportation, community facilities, population, property values, and market potentials. 3. Policy plan it is,a set of goals, objectives and policies that are applied to various physical areas of development. They help with making decisions,about how the City wants things initially and how to go about asking for a change to a policy. • The goals,are very broad and general;For example, there are two transportation goals: 1) The City shall provide and maintain a safe and efficient system of transportation, sensitive to the needs of residents,and the environment of the community; and 2) The City shall establish an interconnected system of trails to enhance Shorewood's sense of community by accommodating the safe movement of pedestrians, bicyclists and other non-motorized modes of travel. • The objectives are things the City is going to do to accomplish the goals. They are more measurable. For example, the City developed a Trail Implementation Plan and built some trails. • The policies are actions, principles, standards and directives that serve as a means to realize goals and objectives. In policy planning the decision making starts with the general and extends systematically to the specific. 4. Plans,projects and programs—all of the other steps in the process go into here. 5. Implementation—for the Land Use Chapter this typically has to do with doing a zoning ordinance. It takes the Land Use Map and creates regulations for the various zoning districts to maintain their character. The subdivision ordinance is an implementation tool. The City has, for example, a Trail Implementation Plan, a Wildlife Management Plan, a Water Plan, a Sewer Plan, a Stormwater Management Plan, and a CIP. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES February 13,2017 Page 3 of 5 6. Re-evaluation — this includes periodic review of the Comp Plan and its ordinances. A few years ago the Planning Commission did a chapter by chapter review of the Plan and area plans of the various neighborhoods. There are five Chapters in the Comp Plan. Each Chapter in the Comp Plan starts out with the planning process. It lists goals and objectives for each element, it identifies issues for each element, it includes maps and there is a summary at the end of Chapter. 1. Natural Resources — Shorewood has been extremely protective its natural resources. For example, it was one of the first cities around to do a wetland ordinance. 2. Land Use — The Land Use Map in the 2009 Comp Plan is very similar to the proposed Land Use Map for 1981. That means people followed the plan. The Map is amended sometimes. 3. Transportation — the plan is based on a hierarchy of transportation elements. The street transportation system is described by a functional classification system principal arterials, intermediate arterials, collectors, and local streets. The plan identifies areas of further study. 4. Community Facilities/Services — that chapter covers parks and open space as,well as the various public utilities (water, sanitary sewer and storm sewer) and policies related to them, 5. Housing — the chapter indicates the City has a desire for a Variety of housing and a range of affordability. That is hard to achieve in Shorewood because of the'desire to keep the single-family residential character of the City. Because land is so expensive in the City the only way to really get at density is with apartments. As part of the upcoming Corn Plan update there needs to be a review of where they could be located. Nielsen noted that he thought that the upcoming update to,the Comp Plan will require mainly tweaking of what is already there. Councilmember Sundberg asked if affordable housing has been considered in the Comp Plan. Director Nielsen reiterated it indicates the City has a desire for that but there is nothing that implements that. The City's zoning does not fend itself to affordable housing. And, land in the City is very expensive. He explained when Marsh Pointe was developed the question of affordable housing was raised. The developer stated they would have to get the lot costs down to $26,000. The streets and utilities would have cost more than that. At that time the lots were four times the cost of$26,000 and much more than that now. Sundberg,then asked if the Comp Plan is shared with Hennepin County. Director Nielsen explained the Plan has to`be submitted to the adjoining cities, the Met Council, Hennepin County and the Department of Transportation. Director Nielsen noted the Systems Statement encourages cities to plan bikeways along Regional Bicycle Transportation Network Corridors. He explained the Mill Street trail segment is included in the City's Trail Implementation Plan and on the Hennepin County Bicycle System Gap Map. Hennepin County had awarded a grant to Shorewood and Excelsior for the planning portion of the trail segment three or four years ago. The County was disappointed when the Cities did not move forward with that effort. What basically stopped that effort was there are severe physical restrictions on where the Excelsior portion of that trail could go. Shorewood could have connected its portion of that trail segment to the Chanhassen trail system but funding was not available. Mayor Zerby stated he read something about there being grant funding available. Director Nielsen stated the design work for the proposed Galpin Lake trail segment has been completed. If a grant opportunity presented itself that would be a good trail for a grant. He noted that the planning for a project has to be done when a grant opportunity presents itself. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES February 13,2017 Page 4 of 5 Mayor Zerby stated Director Nielsen stated the update to the Comp Plan would basically require tweaking the Plan. Yet, the 2017 General Fund Budget has slated $85,000 for consultant services to update the Plan. He asked why the budget amount is so significant. Director Nielsen explained at a minimum the Plan has to be updated to comply with the Systems Statement noting the updates would be minor. The density issue would need to be addressed. One of the proposals the City received for providing those services indicated that the MCC development project may have satisfied the higher density requirement. Overall that project is a little over two units per acre. Yet, in terms of dry ground the density is higher and may come close to what Met Council is looking for. Zerby asked if Nielsen meant the consultant would check facts. Nielsen explained the consultant would identify the issue and help staff work through'it.'If there are areas from a planning perspective where it would make sense to have higher density the consultant would note those locations. Zerby stated based on what he has just heard the consultant would assess if the City's Comp Plan satisfies the Met Council's expectations. Director Brown asked if the update to the Comp Plan would require an update of the aerial photography and topography and identifying how some transportation issues would be addressed: Director Nielsen clarified the mapping is very good and that the Systems Statement does not identify any specific transportation issues that need to be addressed. Nielsen explained that Shorewood had done more to the metro system than many cities had done. The City did a corridor study in'1987 and in 1995. A lot of the things recommended in the two corridor studies were implemented by Shorewood. Shorewood closed off more direct access to Highway 7 than any other city did. He thought Met Council and the Minnesota Department of Transportation were pleased with what Shorewood did. Mayor Zerby stated he would like to learn more about the scope of the work for the consultant when Council discusses hiring the consultant. The discussion of Item 3 concluded at 6.36 P.M. Mayor Zerby announced that Council was going to address Item 4 on the agenda in the large conference room. 4. PARK COMMISSION INTERVIEW Council'interviewed Edward Rock, 5794 Kelsey Drive, for consideration of appointment to the Park Commission for a three-year term. 5. ADJOURN Johnson moved, Sundberg seconded, Adjourning the City Council Work Session of February 13, 2017, at 6:57 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Scott Zerby, Mayor ATTEST: 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 13,2017 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, Labadie, Siakel,` ,and Sundberg; Associate Attorney Reppee; City Administrator Lerud; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: None. B. Review Agenda Mayor Zerby noted that staff has asked that Item 3.I be removed from the agenda. It will be discussed during a future meeting. Sundberg moved, Labadie seconded, approving the agenda as amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes of January 23,2017 Sundberg moved, Johnson seconded, Approving,the City Council Work Session Minutes of January 23,2017,as presented. Motion passed 4/0/1 with Labadie abstaining due to her absence at the meeting. B. City Council Regular Meeting Minutes of January 23, 2017 Siakel moved, Johnson seconder,Approving the City Council Regular Meeting Minutes of January 23, 2017, as presented. Motion passed 4/0/1 with Labadie abstaining due to her absence at the meeting. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Authorize Public Works Light Equipment Operator Advertisement CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 2 of 14 C. Adopting RESOLUTION NO 17-011, "A Resolution Making the Appointment of Edward Rock (March 1, 2017 - February 29, 2020) to the City of Shorewood Park Commission." D. Approval of Phased Retirement Agreement with Brad Nielsen E. Accept Professional Services for the Enchanted and Shady Islands Street Improvement Project(This was moved to Item 10.1)under General/New Business.) F. Adopting RESOLUTION NO. 17-012, "A Resolution Granting a First Amendment to Water Tower Space Lease Agreement By and Between the City of Shorewood and AT&T Wireless of Minnesota (Lessee) for`-Premises Located at 26352 Smithtown Road." G. Adopting RESOLUTION NO. 17-013, "A Resolution Adopting,the Urban Forestry Management Plan for the City of Shorewood." H. Adopting RESOLUTION NO. 17.014, "A Resolution Approving Change Order 2 for the 2016 Trunk Watermain Extension Project," City Project 16-04." L Accept Professional Services Proposal for Badger Park Phase 2 Improvements (This was removed from the agenda.), Councilmember Sundberg asked that Item 3.E be removed from the consent agenda for discussion. Councilmember Labadie stated for Item 3.13 the staff report under Next Steps and Timelines states "The position will be open until filed, 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." She interpreted that to mean there will be only one candidate. Administrator Lerud clarified that staff hopes there will be at least two candidates. Labadic stated she understands that to mean that the "weeding out"process does not occur without Council. Lerud confirmed that. , Motion passed 510. 4. MATTERS FROM THE FLOOR Mark Ruofs, 5935 Mill Street, and Maureen Fuhr, 5925 Mill Street, noted they were present to express concern about the' creased traffic on Mill Street as well as the speeding. They did an informal survey of the residents in the neighborhood and obtained signatures of who would be interested in having a radar sign installed along Mill treci similar to those along Country Club Road (i.e., a speed awareness display sign). They would like to know what else they should do to get the City to install such a sign. Ms. Fuhr stated they would like to have a permanent radar sign. Based on data she has gathered permanent ones do work. Drivers reduce their speed by 85 percent once they have been installed. She commented that she heard the signs along Country Club Road are not going to be permanent. Mayor Zerby stated he thought they are permanent unless Council changes its mind. Ms. Fuhr explained there 22 households in Shorewood along Mill Street and noted they had not spoken to residents who live along the section located in the City of Excelsior. She noted drivers coming from the City of Chanhassen drive through areas where the posted speeds are 50 miles-per-hour (mph) then 45 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 3 of 14 mph then 30 mph on their way to Highway 7 or Excelsior. She walks against the traffic along Mill Street and she looks at drivers faces when they reach the first 30 mph sign and it appears to her that they are not paying attention to the changing speed limits. During her walks she gives drivers a thumbs down to try and get them to reduce their speed. She expressed confidence that the speed awareness sign would help in slowing the drivers down. She noted a representative for 15 of the 22 households have signed on as being very enthusiastic about having a sign installed. Ms. Fuhr stated it is her understanding that about two years ago there had been discussion about constructing a sidewalk along Mill Street in Shorewood someday. The residents would like that to come to fruition sooner rather than later. She then stated she and her family have lived in their home for about 20 years. She and her husband raised their two daughters there. The traffic has 'increased significantly since they first moved in; particularly over the last few years. There are Families who bike or walk along Mill Street and she expressed concern about someone getting hurt by'a vehicle. Ms. Fuhr noted the residents living along Mill Street would very much like to have a permanent flashing sign installed. Mayor Zerby stated it is his recollection that when a decision was made to install speed awareness display signs along Country Club Road guidelines were created for addressing-,speed concerns from residents. Director Brown explained the process that was formulated was with regard to traffic calming measures. At that time Council decided to have driver feedback signs installed along Country Club Road. The pair of signs cost$6,950. People have observed drivers changing behavior because of them. Funding all of the requests the City has received or could potentially receive could be problematic. He noted there is no formal policy for evaluating the placement of those types of speed signs, but there is a procedure in place to evaluate traffic calming measures. Zerby stated he thought one part of the decision process was about what percentage of the drivers were traveling at or under the speed limit. Director Brown noted that Mill Street is a county roadway. Mr. Ruofs noted the Mill Strect/Powcrs Boulevard roadway is a shortcut between Highway 5 in Carver County and Highway 7 in Hennepin County. He explained that South Lake Minnetonka Police Department(SLMPD)patrol officers were out over the past weekend doing radar speed checks along Mill Street. It was apparent,that their presence had a positive impact on drivers slowing down. He stated when the temporary speed buggy is. put out in the summer it does have a positive temporary impact on speeding. Ms. Fuhr stated she thought the situation along Mill Street was unique because the speed limit on Powers Boulevard/Mill Street roadway transitions from 50 mph to 45 mph to 30 mph. She noted there is not a single stop sign/lighz between Highway 5 in Chanhassen and the six-way stop in Excelsior. Mayor Zerby asked Director Brown to bring some options back to Council. Mr. Ruofs asked if there is anything the City needs from them. Mayor Zerby asked them to leave their list of signatures and maybe some of the other information they gathered. Ms. Fuhr asked if it would help if they called Hennepin County. Mayor Zerby stated public input is always valuable. Ms. Fuhr then asked who would pay for the signs. Director Brown stated he was not sure. Mayor Zerby stated he assumes a sign on the northbound sign is what is needed first. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 4 of 14 Councilmember Siakel encouraged them to go and talk to the Excelsior City Council. She noted that the then Shorewood Council had been in favor on constructing a sidewalk along Mill Street but the Excelsior Council was not at that time. Councilmember Labadie stated one of the main reasons the Mill Street trail segment was tabled was because some people considered it to be a sidewalk to nowhere because Excelsior was not going to construct a segment in Excelsior to continue it. She thanked Ms. Fuhr and Mr. Ruofs for coming. She encouraged them to call SLMPD Chief Meehan because he is very receptive and willing to listen to concerns. Mr. Ruofs noted his wife has made many calls to the SLMPD to express concern. Mayor Zerby thanked them for coming. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING 9. ENGINEERING/PUBLIC WORKS A. Country Club Road,Yellowstone Trail,Lake Linden Drive Road Discussion Engineer Hornby explained the meeting packet contains a copy of a memorandum from him and one from Chuck Rickart, a traffic engineer with WSB & Associates and the facilitator of the Traffic Committee, regarding potential traffic improvements to the Country Club Road, Yellowstone Tail and Lake Linden Drive corridor. Mr. Rickart's,memo provided a brief summary of each potential improvement, a range of costs to make the improvementx and adantagcs,and disadvantages for each. Councilmember Sundbcrg noted that the recommendations from the Traffic Committee are going to be discussed during the February 24, 2017, Council and staff retreat. That is what the public was told during Council?sJanuary 23, 2017,meeting. She anticipates that discussion to be more in-depth and that it would be discussed as part of a broader discussion about City-wide street improvement needs and traffic needs. Engineer Hornby explained for his memo he went through Mr. Rickart's memo and identified timeframes for when improvements could be implemented. The timeframes are how long it would take to implement an improvement project:For,the Yellowstone Trail improvements and the miscellaneous improvements a number of improvements;were grouped together because they were similar. Miscellaneous items could be done at any time; they require staff time and are low cost. Others, such as stop bars, have already been done. Hornby noted that Mr. Richart was present to answer any questions Council may have. Councilmember Siakel stated she thought there are some things the City can do now. She thought the stop sign enhancements along Yellowstone Trail should be done this year; that would be affordable. She noted that she does not want to wait until the Minnetonka Country Club (MCC) development is basically complete before doing something with the widening Country Club Road. Maybe improvements like CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 5 of 14 widening Smithtown Road from the MCC entrance to Country Club Road or widening Country Club Road as it approaches Smithtown Road could be started. She stated she does not foresee a roundabout going in there at least in the foreseeable future. The County Road 19 / Smithtown Road / Country Club Road intersection impacts a lot of people and therefore it would not make sense to do nothing. She thought the available budget would help dictate what improvements can be done in the near future. She noted that if Council decides to move improvements for the roadways out on Enchanted and Shady Islands up in the CIP then she does not know where the City would get the funding from to pay for the improvements along the corridor. Mayor Zerby stated he thought something needs to be done with Country Club,Road for sure. He would like to learn more about widening that roadway with bike lanes. He explained Engineer Hornby's memo indicates the City would have to acquire land/easements to do that. It is his recollection that the City acquired more public right-of-way(ROW) along the west side of the roadway as part of the MCC project. Maybe some of the land needed has already been acquired. He noted there are some topographical issues on that ROW that would have to be addressed. He stated that roadway has been deteriorating quickly recently. If that roadway were to be reconstructed in the next few years that would be a good time to widen it. He then stated he thought the intersections could be tightened up at County,Club.Road and Yellowstone Trail and at Yellowstone Trail and Lake,Linden Drive. He went on to state more visibility on stop signs would be helpful. So would widening Smithtown-Road froin the MCC entrance to Country Club Road. Councilmember Sundberg stated she would like to learn more about roundabouts. She then stated if a single or dual roundabout were constructed at the Intersection of Country Club Road and Smithtown Road it appears it would require acquiring a significant amount of land from the businesses in that area. Councilmember Labadie stated bike lanes could not be added on Country Club Road without widening the roadway. She thought bike lanes would be a valuable addition. Councilmember Siakel noted there will be a path around the MCC development. She stated she thought a bike lane along the side of Country Club Road would make sense. Engineer Hornby,explained that at Old Market Road a bike lane was added in each direction and a sidewalk was put in along the roadway. A bike lane on each side of the roadway helps reduce drivers' speed. Mayor Zerby commented that in the City of Minneapolis some of the bike lanes were painted green. Councilmember Johnson stated the trimming of trees to improve sight lines could be done soon. So could the removal of the use of Country Club Road, Yellowstone Trail and Lake Linden drive from Google Maps directions. In response to a question from someone in the audience, Mayor Zerby stated the retreat would be video recorded and broadcast on the cable television local community channel and there would be detailed minutes of the discussion. He noted the retreat is an open meeting so the public can attend if they want. It was clarified that the video recording of the retreat would not be broadcast. Zerby stated it could be placed on the City's website or put out there in YouTube format. Councilmember Labadie stated she would like to be informed about the benefits and disadvantages of single and dual roundabouts. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 6 of 14 Councilmember Siakel stated the Traffic Committee discussed a single roundabout and a dual roundabout. It is her recollection the viability of putting in a single roundabout was questionable and for a dual roundabout it was even more questionable. It would also be very costly to put them in. And, the county would have to be involved. Ken Huskins, 24075 Mary Lake Trail, (a member of the Traffic Committee) explained the Committee members had thoughtful discussion about each of its concepts. They thought the roundabouts would be traffic calming, prevent the stackup of traffic at intersections and make it less desirable for drivers going south on County Road 19 to take the cut thru along the corridor. They knowingly left the discussion about feasibility and costs for someone else to deal with should Council want that investigated further. Councilmember Sundberg reiterated her desire to be educated about roundabouts and clarified that she was not necessarily advocating for them. She would like to hear, an engineer's perspective on how realistic it would be to put them in. Engineer Hornby explained the Traffic Committee thought that intersection modifications could possibly have a desired outcome. The engineers prepared graphics showing what the roundabouts might look like for Committee discussion purposes. Councilmember Siakel asked when Country Club Road is scheduled for improvements in the Capital Improvement Program (CIP). Engineer Hornby stated he thought it was scheduled for an overlay in 2019 or 2020. 10. GENERAL/NEW BUSINESS A. SeeClickFix Renewal Administrator Lerud explained that the City has been using the SeeClickFix Customer Relationship Management (CRM) system to track complaints and problems for about one year. There were 72 issues entered into the system in 2416. Staffbelieves the limited use may not justify the cost. SeeClickFix does not want to lower the cost of What Shorewood pays for using the system because it is considerably lower than what it offers to other cities. But, it offered additional modules for no additional cost. It is offering the use of a mobile app to report a problem. It also offered the use of an internal work order system. Staff could then enter calls that come into Crty,Hall. The City currently does not have that type of system. The work order system could be accessed by Public Works personnel and police personnel when they are out in the field.SeeClickFix would also provide some additional staff training. Lerud noted that staff recommends extending the contract with SeeClickFix for one more year at an additional cost of$204�a total cost of$3,780)when compared to the cost for the first year. Councilmember Sundberg questioned the appropriateness of encouraging people to use the mobile app while they are driving. Councilmember Labadie stated she thought the cost for the first year's contract was a lot to pay for 72 issues. She indicated she liked the two new modules that would be added. She stated she could support extending the contract for one more year. But, if there is not an increase in the usage she would not support extending it for a third year. She stated she does not think most residents know about the system. To make the use of the system a good return on the investment the residents need to be educated about its availability and how to use it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 7 of 14 Mayor Zerby stated that he and Administrator Lerud spoke about the limited use of the system. He thought there needs to be a culture shift in City Hall so that employees start to use it. He explained the use of a work order systems has worked well for other cities and he thought it could do the same at Shorewood. He got the sense Lerud thought the City could benefit from using it. There are alternative ways to track work orders; for example, using an Excel spreadsheet or Laserfiche. That would also take staff time and training to get them up to speed. He noted that he agreed the usage was low for the cost paid. But, he thought it would be beneficial to use it for another year. Councilmember Siakel asked for staff to comment. Director Brown explained there are two open issues for Public Works. One is the flooding on Church Road. The issue has been open for possibly 8 months and during that time engineering has been working on a drainage plan for Freeman Park. Residents may think the City isnot doing anything about it. Director Nielsen explained that to date SeeClickFix has not worked for his department. As a matter of policy the City does not take anonymous complaints for a number of good reasons. Because no one knew who made the complaint staff could not follow up with that person if they had questions.He has been told that the newer version will capture that information for staff; Councilmember Siakel stated she thought the approximate $3,760 cost was somewhat expensive. Yet, she could support extending the contract for another year including the two additional modules. The cost is relatively small when compared to the City's total budget. She encouraged staff to use it more and to educate residents about its availability. Councilmember Johnson stated he uses the mobile app albeit it is not personalized to Shorewood. He can see what is going on in other communities that use it. He then stated,there are residents who do not know they live in Shorewood. If they Were to click on SeeClick they could find that out. He questioned if all of the communities in the area that use the system couldjointly have something published in the Sun Sailor or the Lakeshore Weekly to broaden the awareness of its availability. He noted that he likes that the system is somewhat transparent by allowing residents to track that problems and complaints get resolved. Sundberg moved;Zerby seconded,authorizing staff to extend the contract with SeeClickFix for one additional year. Motion passed 510., B. Appeal for Extension of Deadline to Comply with Notice to Remove Appellant: Stanley Wartman Location: 26750 Smithtown Road Director Nielsen explained the City received a complaint regarding the Wartman property located at 26750 Smithtown Road; The'original complaint was relatively minor. It was a car that had been parked on the lawn; the car may have disabled. That complaint triggered an inspection. During the inspection a number of other violations were found. The list is about one and one half pages long. The violations included, for example, numerous vehicles,junk vehicles, and many types of unusable items. The property owners were sent a Notice to Remove to which they appealed. They have asked for 90 days to comply with the notice. Staff thinks it could take that long to do. In the past if an owner has made a good-faith effort to correct the violations the City has routinely granted a 30-day extension. He stated a plan needs to be developed for what must be done in what timeframe. He and the Building Official can work with the owner on that. It is likely that a lot of the materials are frozen into the ground. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 8 of 14 Nielsen noted staff suggests Council grant a 30-day extension with the potential for another 30-day extension provided there has been significant progress. John Wartmann noted he was present representing his brother who was away on vacation. He stated the property is the old farm homestead. Their parents had lived there for 60 years. A lot of the materials in violation have accumulated over the years. It is mainly located behind a fence. About half of the vehicles, those that were not frozen into the ground, have been removed already. He thought the rest could probably be removed soon because of the warm weather. His brother needs a plan for where to recycle a lot of items, items that are likely frozen in. He noted he thought the plan recommended by Director Nielsen sounded good. Sundberg moved, Labadie seconded, granting Stanley Wartmann,26750 Smithtown Road, a 30-day extension to comply with the Notice to Remove with the potential 'for another 30-day extension provided there has been significant progress made by March 9, 1017. Councilmember Siakel asked Mr. John Wartmann if there is a plan for what can be accomplished by March 9. Mr. Wartmann stated most of the vehicles would be gone within 30 days prodded they are not frozen really deep into the ground. Most things should be gone within 30 days. He noted his brother does not come back from vacation until February 24. He will work,on removing things in the interim. Motion passed 510. C. Letter from City of Excelsior Regarding the Waters of Excelsior Project Administrator Lerud explained that by the end of Councils January 23, 2017, meeting Council had approved all of the necessary agreements with the City of Excelsior for The Waters of Excelsior senior housing project. One of the requirq,ments the City put on the resolution approving the detachment of lands from Shorewood and annexation into Excelsior was that the two city staffs and consultants reach an acceptable financing, arrangement. Shorewood staff provided Excelsior staff with information on Shorewood's proposed financing option and requested that�a meeting be scheduled between Excelsior's staff, financial advisor and bond counscl and Shorewood's. Excelsior did not honor that request but the Excelsior City Manager did respond with a letter on February 9, 2017, explaining Excelsior's position (a copy of the letter was included in the meeting packet). Excelsior is only interested in the pay-as-you-go TIF option for a variety of reasons as listed in the letter from Excelsior. Greg Miller, 355 College Avenue, Excelsior, stated he was present to speak briefly about The Waters project and to express his support for it. He thought most people agree that The Waters is a good project and that the developer is great. The company wants to put$30 million into the project. It was approved by the Excelsior Council on a 3/2 vote. He expressed his appreciation for Administrator Lerud's efforts to try and find ways to save money for both Cities. He stated he thought there has been a lot of back and forth discussion between the stiffs and various financial consultants. He explained he wanted to clarify a couple of things for the Shorewood Council. The affordable housing requirement is a key component of the project. The project came in under Excelsior's Planned Unit Development (PUD) Ordinance and it only required a 3/2 vote to support the project. Excelsior has to change its Comprehensive Plan in order to do the project and that requires at least four members of Council to approve it. With the affordable housing component the Comp Plan amendment would only require approval by three Councilmembers. Without the affordable housing component the project would not move forward because two Councilmembers would not support amending the Comp Plan; they do not support the project because it would be one story higher than what Excelsior's current zoning allows. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 9 of 14 The project includes making $400,000 in public improvements in the area (e.g.; sidewalks). The people who live in the area near the project are not opposed to it although some would have preferred it to be a little smaller. He thought the public service aspect is good, the developer is good and the project would be beautiful and a great addition to the area. He commented that he considers Excelsior like a little brother to Shorewood; it is about a third the size and it's budget is about a third the size. It is a little brother with a big city problem which is its downtown. Excelsior's pay-as-you-go TIF policy has been in place since TIF came out. The policy eliminates any risk to Excelsior and it is a tool for enforcing continuing developer obligations (e.g.; affordable housing). It was his understanding that the financing option put forth by Shorewood, the TIF revenue bond, there would be an interest rate reset 5 —7 years after the bond was issued. He also heard there was one analysis that said he TIF revenue bond could not be tax exempt because of the structure and who owns it. If that is the case that would reduce the savings presented in the analysis for the TIF revenue bond option. He appealed to the Shorewood Council to go with the pay-as-you-go TIF option. He thought it was simpler and more straightforward and it reduces the risk for both cities. The savings will vary depending on how the assumptions pan out. He reiterated The Waters project is a fantastic project. Once the TIF District ends future municipal property tax proceeds from the development would be split such that 70 percent would go to Shorewood and 30 percent to Excelsior; Excelsior compromised on what portion it originally wanted. He asked that Shorewood honor the pay-as-you-go approach so the project can,move forward. Mr. Miller thanked council for its time. Councilmember Sundberg statcd�it was her understanding that the affordable housing component was always part of the develo=per's plan. Mr. Miller clarified that came along later in the process. He noted he likes that component. 14c,explained that when it became apparent that two members of the Excelsior would not support the project because it was four stories high. If the project did not move forward Excelsior would not be able to do $400,400 in public infrastructure improvements that would be significant for that area. The Metropolitan Council allows a comp plan to be amended with a three vote majority if'a project contains affordable housing. The people that support the project think that the project is off in the distance enough and is located near Highway 7 and is primarily in Shorewood and therefore having d little taller structure is okay. Sundberg stated she thought the,project was excellent and a win—win for both cities. She was thankful that Shorewood is financially stable and does not need to be as concerned. She noted she respects Excelsior's pay-as-you-go need. She also noted her willingness to support moving forward with Excelsior's pay-as- you-go proposal. Councilmember Labadie stated she agrees it is a great project and that it is the best use for that site. She stated there have been a lot of overlapping issues for cities in the South Lake community. She thanked Mr. Miller for coming this evening. She noted the memo from the Excelsior City Manager states "While your proposal may result in reduced overall cost to the project through interest savings, we believe it unnecessarily increases both the risk and the complexity of the deal." She expressed disappointment that Excelsior does not want to move forward with Shorewood's financial proposal because she thought it was better deal. She noted that she supports the project as a whole. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 10 of 14 Councilmember Johnson commended Administrator Lerud for bringing alternative financing to the table. It is his understanding that there was a request to meet with representatives for Excelsior to discuss Shorewood's proposal which was not honored. A letter was sent instead. He would have preferred that there would have been a meeting to discuss the proposal. It's his understanding that there is a way to move forward with Shorewood's proposal that would be very low risk for Excelsior. He thought the cost savings for both Excelsior and Shorewood taxpayers warranted having the meeting. Councilmember Labadie stated it is her understanding that Excelsior has dug its heels in and it does not want the meeting. Mr. Miller stated the letter may appear to be harsher than it was intended to be. He thought there has been a lot of communications between the two Cities and with representatives,from Springsted (the company Shorewood used to structure the TIF financing deal for the Oppidan project In Shorewood). He noted he appreciates the desire to save money but depending on the assumptions made the savings may or may not have been realized. He then stated that it is his understanding that with the TIF revenue bond financing there would not be a way to enforce the affordable housing component requirement.That component is required to amend the Excelsior Comp Plan and that is necessary to move the project forward. Councilmember Johnson stated he thought Shorewood Attorney Keane had indicated there was a way to ensure the affordable housing component could be enforced with 'a TIF revenue bond approach. Administrator Lerud stated the two bond counsels would have,to get together. Lerud explained if the tax exempt tax increment bond approach is taken there could not be,a provision in there for affordable housing. That provision would make it a taxable bond issue. The savings would be realized if it were tax exempt. There may be ways to do that but the bond counsels have to work that out. Councilmember Siakel stated after taking all of the issues into consideration she asked if Council views the project as being of value now and into the future. She thought Shorewood's financing proposal was a better option. She was not sure it was enough to stop'the project from moving forward. She then stated that early on in the project Shorewood,asked for more information from both the developer and Excelsior on the financials. Shorewood did not get that.Now the process is at the point where the financing method has to be finalized and there is not time to try and work out the details of how to make Shorewood's proposal work. That disappoints her, She noted she thought the project would benefit the residents in both communities. Therefore, she was willing to put aside her extreme disappointment to do something that would be good for the future needs of the communities. Councilmember Sundberg stated she was also disappointed that Excelsior did not work as a good partner in this to date. However, the fact that Mr. Miller came tonight was a very positive step in the right direction. The Waxers project is needed and the area is good for it. She noted that Excelsior backed away from a 50150 split,on revenue proceeds to a 70/30 split. She then stated that although the Shorewood financing option has a lot of merit she does not want to stop the project because of it. Mayor Zerby stated he thought the project is worthwhile. He noted he is not a fan of the height of it but it is required for affordability to the developer. The enforceability of the affordable housing with the revenue bond is questionable and that gives him some doubt. He expressed his appreciation to Mr. Miller for coming to speak with Council. Mr. Miller state the project to date has been challenging. He noted that he has served on the Excelsior council for 12 years and he has only disagreed with Shorewood twice. Administrator Lerud stated the question about the amount of financing and when interest starts still needs to be answered. Mr. Miller committed that Excelsior would work with Shorewood on that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 11 of 14 Councilmember Johnson stated he received a call from a resident who told him that the State of California no longer allows TIF. He researched that and learned that when California was in a tough budget situation the TIF projects were in the billions of dollars. He thought the TIF situation is different in Minnesota and it is appropriate for this project. Sundberg moved, Zerby seconded, accepting Excelsior's' pay-as-you-go financing and directing staff to continue to work with Excelsior staff to finalize the total amount of Tax Increment Financing need for The Waters of Excelsior Project in Excelsior. Councilmember Labadie stated she thought the project is good but the pay-as-you-go financing is not the best option yet it is not worth stopping the project because of that. Councilmember Siakel concurred. Motion passed 510. D. Accept Professional Services Proposal for the Enchanted and Shady Islands Street Improvement Project This item was removed from the consent agenda at Councilmember Sundberg's request. Director Brown explained the City of Minnetrista is finalizing its design for the roadways that lead out to the Shorewood portion of the Islands. Council and staff have discussed if it would be beneficial for Shorewood to make repairs to its roadways on the Islands at the same time Minnetrista makes its repairs. Staff asked WSB & Associates to submit a professional services proposal to prepare an Engineering Feasibility Report and Final Design for the Enchanted,and Shady Islands Improvement Project. The estimated fee for the Feasibility,Report is $43,360 and the estimated fee for the Final Design is $64,270. He noted there are eight roadways involved and some flood plain management that has to happen. Staff is seeking direction from Council on how to proceed.' He noted that doing the roadways now means the work would be done a, number of years earlier than originally planned for the Street Reconstruction Capital Improvement Program(CIP). The amount slated in the CIP for that use is $509,000. Councilmember Siakel stated Council has discussed using General Fund reserves in excess of the General Fund Balance Policy. One of the uses was to buyout he previous other four owners of the Southshore Center and that has been done. She stated if the roadway improvements are moved from 2023 to 2017 she asked what other improvements,would be pushed out ultimately making the repairs more involved and costly when they are eventually done because the repairs were delayed. There is a need to address some of the traffic issues starting at Smithtown Road going along the Minnetonka Country Club, Yellowstone Trail, and Lake Linden Drive corridor. She questioned if there are enough excess reserves to fund the $500,000 in improvements and to fund some of the other needs in the City. Part of the road on the Islands is in good shape because'it was redone after the flooding a few years ago. She noted that she understood that there would potentially be cost savings by doing the work at the same time Minnetrista makes its improvements. She asked what other projects would be sacrificed by advancing the improvements on the Islands. Director DeJong explained that the last financial report indicated the 2016 General Fund surplus would have been about $300,000 at the end of 2016 if the buyout of the Southshore Center had not occurred. That buyout wiped out the 2016 surplus but it had no impact the level of excess reserves prior to 2016. He noted Council can decide when it wants to use excess reserves for other projects. He clarified that there has been no commitment to transfer additional funds out of the excess reserves to fund improvements to the Island roadways in 2017. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 12 of 14 Councilmember Siakel asked what the level of excess reserves is currently. Director DeJong stated it is about$700,000. Councilmember Labadie stated that this evening Council is only be asked to accept the proposal to prepare the feasibility report and do the final design work for the improvements to the roadways on the Islands. Council is not approving anything toward the $509,000 in improvements. Director Brown confirmed that. Labadie stated the reports would be valuable even if the improvements were done 6 years from now as originally planned. Engineer Hornby stated it is up to council if it wants to have more than the feasibility report prepared. He cautioned that there could be rule updates that occur between when the report is prepared and when the final design work is done Labadie stated she assumes the feasibility report would still be a good reference. She stated disrupting the roadways six years from now when Minnetrista is going to disrupt its portion of Enchanted Lane in X2017 would be s significant inconvenience to the residents. Councilmember Siakel stated the number of residents on the Islands is significantly less than those that are impacted by the traffic issues along the corridor. She questioned spending money;on the feasibility report and final design and then not make the improvements. Councilmember Labadie asked if staff has an estimate of what the savings would be to do the roadways on the Islands at the same time as Minnetrista makes its improvements. Engineer Hornby noted there is not a hard core number. The proposal is to put Shorewood's project within the plans already in progress with Minnetrista. Minnetrista has authorized final design. There would a sharing of the costs by putting the plans together and in the bidding costs. Construction costs generally go down for larger quantities and that is estimated to be about 10 percent. The estimate cost for Minnetrista's project is about$850,000 and that is for Tuxedo Road and its portion of Enchanted Lane and one other roadway. In response to a comment front Councilmember Siael, Engineer Hornby explained the City of Mound made extensive improvements to Tuxedo Road in Mound. He noted during the public information meeting for the Minnetrista, project residents commented about the disruption they just went through because of Mound's project and will go through it again for Minnetrista's project. Minnetrista's reclamation project would not,be as intense as what Mound did. Shorewood's project is being set up as a reclamation project; He then explained that for Shorewood the first thing that would be done is a coring crew would take cores,of the bituminous„pavement to determine if the pavement is suitable for a mill and overlay or more suitable for axeclamaton project. If it is suitable for reclamation the cost would be about one half of construction. Councilmember Sundberg expressed concern about spending over $100,000 for feasibility and design work when Council is not fully committed to doing the improvements. She stated Council does not know what projects would get pushed out by advancing the improvements on the Islands. She stated during the February 24 Council and staff retreat there will be a broader discussion about traffic and roadway issues throughout the City. She would prefer to wait to make a decision about this work until that has taken place. She asked if that delay would cause a problem. Engineer Hornby stated Minnetrista's project is in the final design stage for its project which includes thee roadways. Councilmember Labadie asked when the feasibility report and final design work have to be done in order to coordinate efforts with Minnetrista. Engineer Hornby explained that he feasibility report would be done first and then that would be presented to Council for its approval. That report would include preliminary design and costs. At that time Council would have to decide if it wants to move forward with final plans and specifications. He anticipated CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 13 of 14 Council would consider the feasibility report during its March 27 meeting. He noted for a reclamation project a topographical survey would be done as part of the feasibility study. Director Brown suggested Council approve the feasibility report only during this meeting. Councilmember Sundberg stated she could support that. Sundberg moved, Labadie seconded, accepting the professional services proposal from WSB & Associates to prepare a Feasibility Report for the Enchanted and Shady Islands Street Improvement Project for an estimate fee of$43,360.Motion passed 4/1 with Siakel dissenting. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Investment Report Mayor Zerby noted the meeting packet contains a copy of the Investment Report. Director DeJong stated 2016 investment earnings were about$167,000. They were about$126,000 in 2015. 2. Watermain Report Director Brown stated there had been a complicate watermain break along County Road 19 near the Xcel Energy site. It has been repaired. Mayor Zerby thanked everyone involved for resolving the issue.'' 3. Update on Nuisance Violation at 20325 Excelsior Boulevard(Koerting) Director Nielsen noted the nuisance violation at 20324 Excelsior Boulevard has been resolved. 4. Legislative Update Administrator Lerud explained a bill`has.been introduced in both the senate and house for dedicated funding for local city streets which would allow a $10 surcharge on license tab fees or vehicle title transfers. There is another bid regarding cellular towers and small distributive antenna systems that are proposed to go on either their own antennas in right-of way(ROW)towers or on utility poles. There is a nationwide push from telecommunications companies to have them exempted from local control. The bills have been introduced to the House and Senate. There have not been any hearings on them yet. Senator David Osmek (R) District 33 Chairs the Energy and Utilities Finance and Policy Committee where the bill was introduced. Councilmember Sundberg asked if the city should do anything. Administrator Lerud responded not at this time. Other Engineer Hornby noted the spring weight restrictions go into effect at 12:01 A.M. on Friday February 17, 2017. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13,2017 Page 14 of 14 Mayor Zerby stated there is still one utility wire that has not yet been buried along Smithtown Road near the Minnetonka Country Club development. Engineer Hornby stated he would check into that. B. Mayor and City Council Councilmember Labadie stated that she and Mayor Zerby toured the Metropolitan Council Environmental Services' (MCES) Metro Wastewater Treatment Plant located in the City of St. Paul on February 10. It serves 65 communities, 7 counties, and 1.8 million people. There are approximately 610 mile of sewer pipe that funnel into the Plant. There are eight treatment plants in total. The Plant they toured is the mothership for the eight plants. The MCES Community Relations Specialist informed her that tours of the Metro Plant are offered up to two times a month on weekdays during the day. The minimum age for tours is middle school. Tours are also conducted at the Eagles Point Plant in the City of Cottage Grove and the Blue Lake Plant in the City of Shakopee. If anyone is interested in taking`a,tour there will be information at City Hall. The Blue Lake Plant services the South Lake area. Mayor Zerby explained he attended the Lake Minnetonka Communications Commission (LMCC) meeting on February 9. A second cable company applied to get into the LMCC Franchise Agreement. Mediacom does not have an exclusive with the LMCC franchise. Frontier Communications,is getting into the video business. Frontier would serve largely independents,in the northern tier suburbs that are part of the JPA that have been underserved by Mediacom because of the lower density in that area. He then stated he attended the Regional Council of Mayors monthly meeting earlier in the day. He learned there has been a large decline in condominiums; to nhomes and cooperatives over the last few years in Minnesota.Part of the reasons is because of the litigation brought against developers. He was provided with a resolution that either he could sign or Council could approve.Residents want affordable housing. Councilmember Labadie stated;,,in response to questions from residents she approached Minnetonka Community Education Executive Director Tim Litfih, about adding one or two more age groups in the Firecracker 5k race. He checked into it and informed her that either one or two age groups will be added for this year based on participation the last two years. She also approached the Excelsior-Lake Minnetonka Chamber of Commerce Executive Director Laura Hotvet about doing the same. The Chamber sponsors the Luck o' The Lake 5krace and the Apple Day 5k racc.The three races are the Lake series. 12. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Regular Meeting of February 13, 2017, at 8:42 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk ® #3A MEETING TYPE City of Shorewood nib Meeting Item Regular Meeting ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Verified Claims Meeting Date: February 27, 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. 63399-63434 &ACH 187,541.89 Total Claims $187,541.89 We have also included a payroll summary for the payroll period ending February 19, 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: 00002.02.2017-PR-02212017 City Of CITY OF SHOREWOOD Shorewood Account Number Debit Amount Credit Amount Description FUND 101 General Fund 101-00-1010-0000 0.00 56,811.41 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 10,235.84 0.00 FULL-TIME REGULAR 101-13-4103-0000 344.40 0.00 PART-TIME 101-13-4121-0000 767.69 0.00 PERA CONTRIB-CITY SHARE 101-13-4122-0000 791.25 0.00 FICA CONTRIB-CITY SHARE 101-13-4131-0000 1,604.59 0.00 EMPLOYEE INSURANCE-CITY 101-13-4151-0000 96.97 0.00 WORKERS COMPENSATION 101-15-4101-0000 4,505.22 0.00 FULL-TIME REGULAR 101-15-4121-0000 337.89 0.00 PERA CONTRIB-CITY SHARE 101-15-4122-0000 318.18 0.00 FICA CONTRIB-CITY SHARE 101-15-4131-0000 526.27 0.00 EMPLOYEE INSURANCE-CITY 101-15-4151-0000 29.62 0.00 WORKERS COMPENSATION 101-18-4101-0000 5,395.90 0.00 FULL-TIME REGULAR 101-18-4121-0000 404.69 0.00 PERA CONTRIB-CITY SHARE 101-18-4122-0000 397.70 0.00 FICA CONTRIB-CITY SHARE 101-18-4131-0000 888.31 0.00 EMPLOYEE INSURANCE-CITY 101-18-4151-0000 36.07 0.00 WORKERS COMPENSATION 101-24-4101-0000 4,198.04 0.00 FULL-TIME REGULAR 101-24-4121-0000 314.85 0.00 PERA CONTRIB-CITY SHARE 101-24-4122-0000 265.67 0.00 FICA CONTRIB-CITY SHARE 101-24-4131-0000 530.00 0.00 EMPLOYEE INSURANCE-CITY 101-24-4151-0000 22.52 0.00 WORKERS COMPENSATION 101-32-4101-0000 10,780.60 0.00 FULL-TIME REGULAR 101-32-4102-0000 90.87 0.00 OVERTIME 101-32-4105-0000 292.00 0.00 STREET PAGER PAY 101-32-4121-0000 837.27 0.00 PERA CONTRIB-CITY SHARE 101-32-4122-0000 764.30 0.00 FICA CONTRIB-CITY SHARE 101-32-4131-0000 1,939.44 0.00 EMPLOYEE INSURANCE-CITY 101-32-4151-0000 518.29 0.00 WORKERS COMPENSATION 101-33-4101-0000 55.41 0.00 FULL-TIME REGULAR 101-33-4121-0000 4.15 0.00 PERA CONTRIB-CITY SHARE 101-33-4122-0000 3.07 0.00 FICA CONTRIB-CITY SHARE PR-G/L Distribution Report(02121/2017- 1:45 PM) Page 1 Account Number Debit Amount Credit Amount Description 101-33-4151-0000 1.36 0.00 WORKERS COMPENSATION 101-52-4101-0000 2,378.28 0.00 FULL-TIME REGULAR 101-52-4121-0000 178.37 0.00 PERA CONTRIB-CITY SHARE 101-52-4122-0000 257.78 0.00 FICA CONTRIB-CITY SHARE 101-52-4131-0000 2,378.29 0.00 EMPLOYEE INSURANCE-CITY 101-52-4151-0000 169.71 0.00 WORKERS COMPENSATION 101-53-4101-0000 924.08 0.00 FULL-TIME REGULAR 101-53-4102-0000 21.84 0.00 OVERTIME 101-53-4103-0000 1,072.10 0.00 PART-TIME 101-53-4121-0000 69.29 0.00 PERA CONTRIB-CITY SHARE 101-53-4122-0000 151.47 0.00 FICA CONTRIB-CITY SHARE 101-53-4131-0000 21.92 0.00 EMPLOYEE INSURANCE-CITY 101-53-4151-0000 41.90 0.00 WORKERS COMPENSATION FUND Total: 56,811.41 56,811.41 FUND 201 Southshore Center 201-00-1010-0000 0.00 1,800.31 CASH AND INVESTMENTS 201-00-4101-0000 939.12 0.00 FULL-TIME REGULAR 201-00-4102-0000 87.36 0.00 OVERTIME 201-00-4103-0000 549.00 0.00 PART-TIME 201-00-4121-0000 70.45 0.00 PERA CONTRIB-CITY SHARE 201-00-4122-0000 110.96 0.00 FICA CONTRIB-CITY SHARE 201-00-4151-0000 43.42 0.00 WORKERS COMPENSATION FUND Total: 1,800.31 1,800.31 FUND 601 Water Utility 601-00-1010-0000 0.00 7,357.26 CASH AND INVESTMENTS 601-00-4101-0000 5,457.82 0.00 FULL-TIME REGULAR 601-00-4105-0000 302.90 0.00 WATER PAGER PAY 601-00-4121-0000 432.05 0.00 PERA CONTRIB-CITY SHARE 601-00-4122-0000 374.67 0.00 FICA CONTRIB-CITY SHARE 601-00-4131-0000 658.18 0.00 EMPLOYEE INSURANCE-CITY 601-00-4151-0000 131.64 0.00 WORKERS COMPENSATION FUND Total: 7,357.26 7,357.26 FUND 611 Sanitary Sewer Utility 611-00-1010-0000 0.00 5,448.21 CASH AND INVESTMENTS 611-00-4101-0000 3,799.31 0.00 FULL-TIME REGULAR 611-00-4105-0000 302.90 0.00 SEWER PAGER PAY 611-00-4121-0000 307.66 0.00 PERA CONTRIB-CITY SHARE 611-00-4122-0000 280.45 0.00 FICA CONTRIB-CITY SHARE 611-00-4131-0000 658.18 0.00 EMPLOYEE INSURANCE-CITY PR-G/L Distribution Report(02121/2017- 1:45 PM) Page 2 Account Number Debit Amount Credit Amount Description 611-00-4151-0000 99.71 0.00 WORKERS COMPENSATION FUND Total: 5,448.21 5,448.21 FUND 621 Recycling Utility 621-00-1010-0000 0.00 707.31 CASH AND INVESTMENTS 621-00-4101-0000 552.67 0.00 FULL-TIME REGULAR 621-00-4121-0000 41.45 0.00 PERA CONTRIB-CITY SHARE 621-00-4122-0000 36.51 0.00 FICA CONTRIB-CITY SHARE 621-00-4131-0000 74.20 0.00 EMPLOYEE INSURANCE-CITY 621-00-4151-0000 2.48 0.00 WORKERS COMPENSATION FUND Total: 707.31 707.31 FUND 631 Storm Water Utility 631-00-1010-0000 0.00 1,444.45 CASH AND INVESTMENTS 631-00-4101-0000 1,158.50 0.00 FULL-TIME REGULAR 631-00-4121-0000 86.90 0.00 PERA CONTRIB-CITY SHARE 631-00-4122-0000 78.48 0.00 FICA CONTRIB-CITY SHARE 631-00-4131-0000 101.69 0.00 EMPLOYEE INSURANCE-CITY 631-00-4151-0000 18.88 0.00 WORKERS COMPENSATION FUND Total: 1,444.45 1,444.45 FUND 700 Payroll Clearing Fund 700-00-1010-0000 73,568.95 0.00 CASH AND INVESTMENTS 700-00-2170-0000 0.00 35,167.47 GROSS PAYROLL CLEARING 700-00-2171-0000 0.00 7,460.72 HEALTH INSURANCE PAYABLE 700-00-2172-0000 0.00 4,856.86 FEDERAL WITHHOLDING PAYABLE 700-00-2173-0000 0.00 2,042.36 STATE WITHHOLDING PAYABLE 700-00-2174-0000 0.00 7,923.60 FICA/MEDICARE TAX PAYABLE 700-00-2175-0000 0.00 7,191.72 PERA WITHHOLDING PAYABLE 700-00-2176-0000 0.00 2,530.00 DEFERRED COMPENSATION 700-00-2177-0000 0.00 1,212.57 WORKERS COMPENSATION 700-00-2181-0000 0.00 1,173.75 DISABILITY INSURANCE 700-00-2183-0000 0.00 2,925.25 HEALTH SAVINGS ACCOUNT 700-00-2184-0000 0.00 778.65 DENTAL DELTA 700-00-2185-0000 0.00 306.00 DENTAL-UNION FUND Total: 73,568.95 73,568.95 Report Total: 147,137.90 147,137.90 PR-G/L Distribution Report(02121/2017- 1:45 PM) Page 3 o � � a ct Q 0 N h h h N h o ° O O O w � o O �,a v f/1 . 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Title/Subject: LMCC JPA Amendment Meeting Date: February 27, 2017 Prepared by: Greg Lerud Reviewed by: Tim Keane Attachments: Letter from LMCC & Resolution Background: The LMCC board has unanimously approved and recommends changing one section of the Joint Powers Agreement by adding language to Section X(4). The current language of the Sections is as follows: Section X(4): Commission Assets. A member withdrawing from the Commission shall have no claim on the assets of the Commission except pursuant to the Minnesota Data Practices Act. The amendment proposes to add this language to the Section so it reads as follows: Section X(4). Commission Assets. A Member withdrawing from the Commission shall have no claim on the assets of the Commission except pursuant to the Minnesota Data Practices Act. A Member withdrawing from the Commission shall be responsible for any costs incurred as a result of such Member's withdrawal. This includes, but is not limited to, any costs incurred by a franchised cable operator for reconfiguration of its cable system in order to keep airing the LMCC's community programming channels as required by the franchise. As the letter from Mr. Lundberg states,this amendment is so those cities remaining in the JPA do not incur any costs because another member leaves. Options: The council can approve or reject the amendment. Recommendation/Action Requested: Recommend approval of the amendment. 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. Pagel � � 11-AKE MKNNEI ONKA COMMUNW&TUONS COMMISSION 4071 SUNSET DR IVEw BOX 3@5mSPR|N8 PARK, K0N55384-O305°952A717125 in FAX 852471S151 = |muo@|moo'tv.orQ To:All UNCC Member Cities From:Jirn Lundberg, Operations Manager LMCC Date: 2/14/17 Reason: Amendment tothe LMCC]o|ni Powers Agreement »sepmwsm At last week's 2/9/17 LM0CConomission meeting the group unanimously approved an anmendnnenttoourcunentJPA.TheanoendnmentupdetesSectionXregardin8vvithdravving sxcsmmn member cities. GREENWOOD The amendment,which is attached, is designed to protect LMCC Member Cities and their subscribers should en existing Member chose ho the leave the Commission, Basically, itsays /mospemoemcs that if a City chooses to leave, that the City would be responsible for any costs incurred by the | LMCC when they leave. LONG LAKE The main concern currently, is the costs associated with rebuilding Mediacom's cable plant to uznsno allow our channels to only be viewed hv residents Vf Member Cities, due to the fact that existing cabling im not bound h«each City's boarders. MAPLE PLAIN \ ask that you add this amendment to your agenda ofanupcoming City Council meeting for action. Please get back to me with your Cities approval or disapproval by March 15th, 2O17. wmwsrowxA aexCx Of course, please feel free to contact me if you have any questions regarding this amendment. mroom/momn Thank you and have a great day! a*onsWonn ~ J11A.4dI SPRING PARK ]|nn Lundberg Operations Manager � � wmooLxmo UNCC (952)471-7125 x104 CITY OF SHOREWOOD RESOLUTION NO. 17- A RESOLUTION REGARDING AMENDMENT TO THE LAKE MINNETONKA COMMUNICATIONS COMMISSION JOINT POWERS AGREEMENT WHEREAS, the City of Shorewood("City") is a member of the Lake Minnetonka Communications Commission ("LMCC"); and WHEREAS, the LMCC unanimously approved an amendment to Section X of the Joint Powers Agreement as it relates to Withdrawing Member Responsibilities; WHEREAS, the LMCC requests approval by member cities of the proposed amendment, a copy attached hereto as Exhibit A; and WHEREAS, the City Council has reviewed the proposed amendment. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood hereby approves the proposed amendment to the LMCC Joint Powers Agreement as reflected in the attached Exhibit A. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February, 2017. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk EXHIBIT A Section X (4). Commission Assets. A Member withdrawing from the Commission shall have no claim on the assets of the Commission except pursuant to the Minnesota Data Practices Act. A Member withdrawing from the Commission shall be responsible for any costs incurred as a result of such Member's withdrawal. This includes, but is not limited to, any costs incurred by a franchised cable operator for reconfiguration of its cable system in order to keep airing the LMCC's community programming channels as required by the franchise. #3C MEETING TYPE City of Shorewood Council Meeting Item REGULAR .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Support for City Street Funding Bill Meeting Date: February 27, 2017 Prepared by: Greg Lerud Attachments: Resolution Policy Consideration: Should the City support proposed Legislation that provides dedicated state funding for city streets? Background: According to the League of MN Cities: City revenues are not keeping pace with the needs for municipal street maintenance, construction, and reconstruction. Currently, all of the City of Shorewood streets are funded only with property taxes (except for partial state funding on MSA routes.) Shorewood maintains approximately 50 miles of streets, and as was presented in the retreat agenda packet, revenues are projected to not keep up with planned street projects. Financial or Budget Considerations: This Legislation proposes to raise funds though a $10 surcharge for license tab fees and motor vehicle title transfers. Shorewood's estimated share of these funds is $56,236. While far short of what is projected to be needed for our roads,these funds are important in keeping the city's levies as low as possible. Recommendation/Action Requested: Staff recommends approval of the attached Resolution. 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. Pagel CITY OF SHOREWOOD RESOLUTION NO. 17-xxx A RESOLUTION SUPPORTING DEDICATED STATE FUNDING FOR CITY STREETS WHEREAS, Minnesota has over 141,000 miles of roadway, and over 22,500 milesor 16 percent--are owned and maintained by Minnesota's 853 cities, and the City of Shorewood maintains over 50 miles of roadway; and WHEREAS, almost 85 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes and special assessments, have limited applications, leaving cities under-equipped to address growing needs; and WHEREAS, city cost participation in state and county highway projects diverts resources from city-owned streets; and WHEREAS, maintenance costs increase as road systems age, and no city--large or small—is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, for every one dollar spent on maintenance saves seven dollars in repairs; and WHEREAS, cities need greater resources, including an additional dedicated state funding source for transportation, and flexible policies in order to meet growing demands for street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SHOREWOOD that the City of Shorewood supports an omnibus transportation funding bill that provides additional dedicated state funding for city streets including funding that can be used for non-MSA city street maintenance, construction and reconstruction. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February, 2017. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk LoAry 4r-) T�� Gv o �s m J �O c_c d- f�>mr, t f_ 2-27-17 Background/Review Curtis and Debra Nelson Sewer Drainage Easement Request 6145 Pleasant Ave Shorewood, MN 55331 -2014/2015. Mattamy Homes received approval to develop property FKA the Minnetonka County Club for the purpose of selling residential lots. -2015. Mattamy Homes contacted me requesting we sign an easement and provide consent of mortgage. Drainage from their development property would flow through an underground pipe on my property. -September of 2016. 1 contacted you for advisement regarding the matter. -9-14-16. You provided your analysis of the matter and you revised the original easement document that was drafted for the City of Shorewood which was provided to me from Mattamy Homes. -September 2016. 1 forwarded your revision of the easement to Mattamy who forwarded to the City of Shorewood. Your version was accepted. -November 2016. 1 met with Mattamy Homes and landscaper at my property. Mattamy was hiring a local professional landscaper to make restoration improvements.Trees to be cut down were marked and we discussed a plan to restore the easement area (north side) and make additional improvements to my property on the west side (street side, right-of-way). Basically, the easement piece and street piece would receive the same type of restoration and would blend in and match. Making improvements on the street side of my property was my compensation for delivery of the easement and consent of mortgage. - 1-9-17. A plan was provided showing design and tree layout for street side improvements. -1-9-17. 1 emailed Mattamy that I would accept the restoration plan/improvements contingent upon a written agreement which included tree warranty. -1-30-17. Mattamy provided a restoration agreement to sign and indicated work would be starting soon and that the city was anxious for me to deliver the signed easement. -1-30-17. 1 emailed Mattamy that my mortgage company required an O & E report for review before they would sign the consent of mortgage. I would need a couple days. -2-1-17. Trees were removed on my property. -2-2-17. Excavation work started. -2-2-17. 1 emailed Mattamy that I was ready to deliver the easement and consent of mortgage upon we meet to sign the restoration agreement. No follow up from Mattamy. -2-22-17. 1 called Mattamy that I was making a formal complaint to the City of Shorewood. -2-22-17. 1 delivered a formal complaint to the City of Shorewood. -2-22-17. In the evening. Mattamy called and apologized for the lack of communication and long drawn out project. Mattamy offered me a gift certificate to my favorite restaurant. I declined. Page 2 of 2. In review. 1. Work started. 2. No signed restoration agreement. 3. No delivery of original signed easement and consent of mortgage. 4. Excavation work was not maintained within the easement area. 5. Additional trees from original markings were removed to make room for large backhoe. I feel I now need the original restoration plan for the easement piece to be reviewed, probably need more trees because of excavating beyond the easement area?? 6. Equipment was left on my property in apparent violation of city ordinances. Has to be left in right of way area only? (not that big of a concern but apparently a violation unless city granted an exception. When I delivered my complaint the City Administrator stated so.) 7. Equipment by the excavating company was left running all night long, several nights. City Ordinance. 8. Sewer service was interrupted; excavators cut sewer line and replaced with splice. Inspection? 9. Excavated sewer line twice and reburied. Inspection needed per city ordinance/code? 10. No communication from Mattamy. 11. Project has been on-going since 2-2-17. Mud mess and along street/driveway. 12. Made complaint to the City of Shorewood, no response from the City. My complaint identified the above items except for items 4 and 5. Forgot to include item 4. 13. Mattamy Homes has announced they are vacating Minnesota development projects including the Mtka Golf Course project. 14. Due to the lack of trust and recent announcement of Mattamy exiting Minnesota, I do not feel inclined to deliver the easement and consent of mortgage until restoration has been completed to my satisfaction. d- C"� t� ( 0130 L c zf_ L4-6( ';e— (k,LA_Q I N works t4i W w Le ec 0� �ucC u11111 puGJ c q t J � C ZZ M� i .� Ar- ti'.t� do Ij Or 6 44 i t tM• l�,ll� • ; f ..- _ �� S .�(•� 44 .� � e to f l K _ IL lk t _ m Ilk wt 10 4 _ ` 1 y , - ..•fir +s ' A•. Iii. ._Y + • - I :�,�' -�'�,�� ,� � - :ate_•a �.aeP ya��`� �� _ ih � t .. All i _ c � �— '_a.�ai� psi!:.�.r (r - t'r• t -- o � d i r o , r loft Hennepin County Property Map Date: 2/27/2017 r ,4 1 inch =200 feet PARCEL ID: 3311723340008 Comments: OWNER NAME: C & D Nelson _ Si 'rQ PARCEL ADDRESS: 6145 Pleasant Ave, Shorewood MN 55331 PARCEL AREA: 0.71 acres, 30,920 sq ft A-T-B:Abstract SALE PRICE: SALE DATA: SALE CODE: This data(i)is furnished'AS IS'with no representation as to completeness or ASSESSED 2015, PAYABLE 2016 accuracy;(ii)is furnished with no warranty of any kind;and(iii)is notsuitable PROPERTY TYPE: Residential for legal,engineering or surveying purposes. HOMESTEAD: Homestead Hennepin County shall not be liable forany MARKET VALUE: $303,000 damage,injury or loss resulting from this data. TAX TOTAL: $4,126.08 COPYRIGHT©HENNEPIN ASSESSED 2016, PAYABLE 2017 COUNTY 2017 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $317,000 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, FEBRUARY 7, 2017 7:00 P.M. MINUTES CALL TO ORDER Chair Davis called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Davis; Commissioners Maddy and Riedel; and, Planning Director Nielsen Absent: Commissioner Bean APPROVAL OF AGENDA Maddy moved, Riedel seconded, approving the agenda for February 7, 2017, as presented. Motion passed 3/0. APPROVAL OF MINUTES  January 17, 2017 Maddy moved, Riedel seconded, approving the Planning Commission Meeting Minutes of January 17, 2017, as presented. Motion passed 3/0. 1. PUBLIC HEARING – CONDITIONAL USE PERMIT for ACCESSORY SPACE OVER 1200 SQUARE FEET Applicant: Wayne Hartmann and Michelle Letendre Location: 27460 Maple Ridge Lane Chair Davis opened the Public Hearing at 7:04 P.M. noting the procedures used in a Public Hearing. She explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. She stated this evening the Planning Commission is going to consider a conditional use permit (C.U.P.) for accessory space over 1200 square feet for Wayne Hartmann and Michelle Letendre, 27460 Maple Ridge Lane. Director Nielsen explained that Wayne Hartmann and Michelle Letendre own the property located at 27460 Maple Ridge Lane. In September of 2015 they received a setback variance to build a small addition on the southwesterly corner of their home. The addition included enclosing the area beneath the master bedroom addition, amounting to 307 square feet of floor area. The plans submitted for the original project did not include details of the lower level and staff mistakenly assumed that the new lower space would be an extension of the lower level. In Mr. Hartmann’s request letter he explained it was not their intent to make the new space communicate with the existing lower level, which makes the new space accessory. This new CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 7, 2017 Page 2 of 6 accessory space, when combined with the existing garage and a shed, puts the property over 1200 square feet in total accessory space and that requires a C.U.P. The property is zoned R-1A/S, Single-Family Residential/Shoreland District and contains 42,359 square feet of area. The house contains 3037 square feet of floor area on the upper two levels alone, with additional space in the lower, walkout level. The total amount of accessory space, including the new 307 square feet totals 1291 square feet. With regard to the analysis of the case, Nielsen noted Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes four criteria for granting a C.U.P. for accessory space over 1200 square feet. He reviewed how the applicant’s plan complies with the criteria. a. The total area of accessory space (1291 square feet) does not exceed the total floor area above grade of the principal structure (3037 square feet – upper two levels). b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R-1A zoning district (.10 x 40,000 square feet = 4000 square feet). c. The space under the master bedroom addition was granted a variance to the front yard setback requirement. It does not exceed the variance granted. Nor does it increase the hardcover on the property which is about 18.3 percent. d. The lower level accessory space has been integrated into the architecture of the existing home. Nielsen noted that based upon the analysis of the case staff recommends granting the C.U.P. If approved, Council will consider this item during its February 27, 2017, meeting. Chair Davis opened the Public Testimony portion of the Public Hearing at 7:10 P.M. Steve Kircher, 27415 Maple Ridge Lane, noted that he lives across the cul-de-sac from the applicants. He stated he has known the applicants since they moved into their home. He explained he has lived at his current location for going on 24 years. He has watched construction going on at the applicants’ property for about two years. He thought the intention of what the applicants are trying to do does not in any way affect the neighborhood or the dynamics in the cul-de-sac. He noted that both he and his wife are supportive of what the applicants have done and he thought it was important to come to this public hearing and express their support. Chair Davis closed the Public Testimony portion of the Public Hearing at 7:11 P.M. Commissioner Riedel asked what the rationale was for the original variance the applicants had requested. Director Nielsen explained one was the house was built closer to the street than the established setback of 50 feet. At that time staff could not find where a setback variance had been granted. Staff found that some houses in the Virginia Highlands subdivision had been built too close to the street right-of-way (ROW) without there being variances granted. Staff thought the City shared some responsibility for the applicants’ house being built too close to the street ROW. Owners of the other nonconforming houses would be granted variances also if requested. Nielsen noted the addition did not increase the nonconformity. Maddy moved, Riedel seconded, recommending approval of a conditional use permit for accessory space over 1200 square feet for Wayne Hartmann and Michelle Letendre, 27460 Maple Ridge Lane. Motion passed 3/0. CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 7, 2017 Page 3 of 6 Chair Davis closed the Public Hearing at 7:15 P.M. 2. DISCUSS FOOD TRUCKS Director Nielsen explained the topic of food trucks came up a couple of years ago. Staff has put together some background information to start the discussion. He did not think Shorewood has a problem with them. Shorewood does not have restaurants the trucks would conflict with from an unfair competition perspective. The cities that have implemented food truck ordinances have mainly done so through zoning standards. For example, a truck could not be located within a certain distance, 200 – 300 feet, from a store that sells that same type of product. Technically food trucks are not allowed in the Shorewood parks. The only place the City allows open and outdoor sales of any kind is in a commercial district and that requires a conditional use permit (C.U.P.). Shortly after he came to work for the City there was an issue with food trucks selling supposedly fresh shrimp. The City implemented a Transient Merchants Ordinance to address that. There is the question of whether or not people want to allow food trucks. He thought they would be appropriate in the City’s parks. Chair Davis stated that during the 2016 Arctic Fever event Kowalski’s brought a food truck to the event. Director Nielsen explained the top issue with food trucks would be the health aspect. The State covers that. The food trucks are licensed and inspected. In the information he read there was a suggestion that cities not worry about the health aspect because the State does such a good job. A minor change would be required in the Zoning Code to legitimize food trucks in City parks. The change would basically say they are allowed in parks for certain types of events. The Transient Merchants Ordinance should be amended to address parks as well. There might be some conditions that would go along with that amendment. The City has asked food truck vendors to come to certain events (e.g.; Music in the Park and Movie in the Park) in City parks. That was a nice feature to have. He questioned what the City should do if a non-profit sports organization wanted to have food trucks at a sports tournament. He suggested the Planning Commission discuss under what circumstances that might be allowed. Chair Davis stated that Arctic Fever event organizers have been told that more people would come to those events held in Freeman Park if there were food trucks there. She asked how Excelsior addresses food trucks that come to its Farmer’s Market. Director Nielsen stated he assumes Excelsior has an ordinance that addresses that. Director Nielsen stated the Tonka United Soccer Association Tonka Splash traveling tournament that has been held in Freeman Park has been reduced in size because it was too large. He does not think food trucks are needed to draw more people to the event. He then stated he thought the requirement to get a C.U.P. has probably limited the desire for food truck vendors to come into the City. Because they are transient they don’t want to bother going through that process which takes about two months. He clarified that as long as an applicant continues to meet the rules of the C.U.P. the C.U.P. lasts forever. He stated there is not a lot of density of population or business in Shorewood. While researching this topic he found that there are large office parks in some cities where food trucks are set up. Nielsen asked the Planning Commissioners what their thoughts are about allowing food trucks in the Shorewood parks. Commissioners Riedel asked if food truck vendors pay municipal business taxes. Director Nielsen responded they do not and explained the only way to do that would be to charge a license fee. He stated CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 7, 2017 Page 4 of 6 there is a tax that cellular service providers pay in lieu of property tax. Riedel stated that maybe a vendor could set up what would in essence be the equivalent of a permanent business and not pay taxes. Nielsen noted that the ordinances he has looked at included limitations on how long food trucks can stay in one spot. He stated there are instances where businesses will have a food truck to expand its exposure. Chair Davis asked about ice cream trucks. Director Nielsen stated a couple of the ordinances that he looked at exempt ice cream trucks. Davis stated the company she works for invites an ice cream truck vendor to their office once every summer. That vendor indicated she is only licensed to drive through neighborhoods in two cities to sell her products. Her truck could be taken away if she did that where she was not licensed. Commissioner Maddy stated when he was living somewhere else while his house was being rebuilt an ice cream truck would come through the cul-de-sac one day a week. Nielsen stated they would have to be licensed to operate in Shorewood. Davis stated if a resident was going to have a private party with a couple of food trucks she asked if that would be allowed. Director Nielsen clarified that would be more like catering and suggested that there be a differentiation in the ordinance between a catering type of situation and a retail sales type of situation. Commissioners Maddy stated that maybe there could be something attached to a party permit for people who are going to have more than 75 people at a gathering. Davis noted that she would like foodt rucks to be allowed in Shorewood parks. Commissioner Maddy asked who operates the concession stand in Freeman Park. Director Nielsen explained the same individual has done that for several years. He thought that individual pays some nominal amount to the City to use the concession stand. Maddy stated he would like input from the Park Commission and noted that he would be open to legitimizing food trucks in Shorewood parks. Commissioner Riedel stated food trucks in Shorewood parks would require a license. Chair Davis commented that food trucks are built to extremely rigorous standards. Davis stated that the American Legion has wanted to sell its pulled pork sandwiches during music events. Legion representatives would carry the food over by hand; it does not have a food truck. She thought food booths should be addressed in the ordinance. Director Nielsen explained that a few years ago the Park Commission discussed whether or not to allow liquor in the parks for events like Music in the Park. The Legion had been willing to serve food and beer. The Commissioners were extremely opposed to liquor. Commissioner Maddy asked which health agency regulates the food trucks. Director Nielsen stated he thought the State; the State may delegate enforcement to counties noting counties do health inspections of restaurants. The State may set the rules and the counties may enforce them. Commissioner Riedel stated on the Minnesota Department of Health’s website the rules for seasonal stands and mobile food units are posted. The inspections are done by counties. Director Nielsen stated staff will determine which ordinances have to be amended. For sure the Transient Merchants Ordinance would have to be. It refers to Section 902.02 which basically states it is illegal to sell in the parks unless authorized by written permit from the City Council. That would probably be covered by a licensing processing. CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 7, 2017 Page 5 of 6 Commissioner Maddy stated he understands the Commission to be in agreement about researching how to make it easier for food trucks to operate in the parks. Director Nielsen stated staff will draft some amendment language for future review and discussion by the Commission. Commissioner Maddy stated he would like schools to be able to apply to have food trucks at events. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. OLD BUSINESS / NEW BUSINESS Chair Davis asked about the status of the situation with the problem property along Wild Rose Lane. Director Nielsen explained the City has received a few more complaints. The City Attorney has advised staff to write multiple citations. That had been avoided in the past because staff had been told that courts do not appreciate it when citations are issued almost daily. Director Nielsen explained the City amended its Code regarding prohibiting short-term rentals (rentals for less than 30 days). It was quite apparent that there have been at least two occasions since the Code was amended when the property was rented out for a shorter period of time. The owner of the property rents it to an individual who in turn sub-rents it to groups. The groups are smaller than they were during the past summer. Chair Davis stated the house is always lit up. Director Nielsen noted the owner of the property has obtained a rental license. The renter who sub-rents it does not. He explained the City is going to go after the sub-renter to get a rental license. In that process there is a provision in the Ordinance that will require the sub-renter to provide a roster of people he has previously rented to and when they rented. The City is also going to increase the penalty for subsequent violations. The fine for the initial violation will remain at $200. Commissioner Maddy stated he thought the State would let the fine go up to $2,000 per day. The City of Minneapolis starts at $200 and then doubles it for each subsequent violation until it reaches $2,000 and then it stays at that level. Director Nielsen stated he thought that situation will be on Council’s February 27, 2017, meeting agenda. Chair Davis stated on the television news she heard that there is someone in the City of Edina who is renting his home during the 2018 Super Bowl for $1,500 per day per person. Director Nielsen stated the City did not receive any complaints about short-term rentals during the 2017 Ryder Cup event. Chair Davis stated she also heard on the news that a person rented her house on Airbnb during the Ryder Cup and there was $15,000 in damages done to her house. That woman installed cameras and rented it for the 2017 Super Bowl and it was damaged again. She suggested the Commission have a discussion about rentals during the 2018 Super Bowl in the near future. CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 7, 2017 Page 6 of 6 Commissioner Maddy stated because the City did not receive any complaints during the Ryder Cup it may not be a very big deal during the Super Bowl.  Determine Chair and Vice-Chair for 2017 Chair Davis noted that she was ready to relinquish her position as Chair of the Planning Commission. She would be willing to serve as Vice-Chair. She stated she feels badly if she has to be absent from a meeting when she is Chair. Also, as Chair she does not think she pays as close of attention to the thoughtful discussion as she should. Davis moved, Riedel seconded, recommending the nomination of Dustin Maddy to the position of Planning Commission Chair. Motion passed 3/0. Riedel moved, Maddy seconded, recommending the nomination of Sue Davis to the position of Planning Commission Vice-Chair. Motion passed 3/0. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is a minor subdivision/combination, a conditional use permit request and a discussion about draft ordinance amendments related to food trucks slated for the March 7, 2017, Planning Commission meeting. There will also be discussion about having a once-a-year exception to the short-term rentals restriction. 6. REPORTS • Liaison to Council • SLUC • Other Director Nielsen stated his target date for retirement is March 3, 2017. He explained that three applicants to replace him were interviewed. The Personnel Committee had intended to recommend one to Council until the references did not come back with good recommendations. The City is advertising again for the position. He offered to help out until his position is filled. He then explained that he can begin drawing on his Public Employee Retirement Association (PERA) pension and continue to work but he would have to reduce his hours by at least 25 percent and he cannot work more than 1000 hours during a year. Chair Davis suggested Director Nielsen give up parks and just focus on planning. Nielsen stated he may give up planning and just focus up parks. 7. ADJOURNMENT Maddy moved, Davis seconded, adjourning the Planning Commission Meeting of February 7, 2017, at 8:04 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder � #sB MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Hartmann/Letendre—Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Meeting Date: 27 February 2017 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Planning Director's Memorandum Draft Resolution Policy Consideration: Should the City grant a conditional use permit that would allow Mr. Hartmann and Ms. Letendre to build additional accessory space on their property at 27460 Maple Ridge Lane? Background: See Planning Director's memorandum, dated 2 February 2017 for detailed background. The Planning Commission held a public hearing on this item at its 7 February meeting and voted unanimously to approve the CUP as presented. Financial or Budget Considerations: None. The cost of the application is covered by application fees. If anything,the addition to the home will increase tax base. Options: Approve the request as presented, approve with conditions or deny the request. Recommendation/Action Requested: Staff agrees with the Planning Commission's recommendation and recommends adoption of the attached draft resolution. Next Steps and Timelines: The applicants will be provided with a certified copy of the resolution for recording. As noted in the staff report, the work has already been completed. Connection to Vision/Mission: 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 CITY OF SHOREWOOD TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 2 February 2017 Hartmann/Letendre — CUP for Accessory Space in Excess of 1200 Square Feet 405 (17.02) BACKGROUND Wayne Hartmann and Michelle Letendre own the property at 27460 Maple Ridge Lane (see Site Location map — Exhibit A, attached). In September of 2015 they received a setback variance to build a small addition on the southwesterly comer of their home, as shown on their property survey (Exhibit B). The addition included enclosing the area beneath the master bedroom addition, amounting to 307 square feet of floor area. The plans submitted for the original project did not include details of the lower level and staff mistakenly assumed that the lower the new space would be an extension of the lower level. As explained in Mr. Hal tmann's request letter (Exhibit C), it was not their intent to make the new space communicate with the existing lower level, which makes the new space accessory. This new accessory space, combined with the existing garage and a shed, puts the property over 1200 square feet in total accessory space, which requires a conditional use permit, pursuant to Section 1201.04 Subd. 2.d. of the Zoning Code: The property is zoned R -lA/S, Single - Family Residential /Shoreland District and contains 42,359 square feet of area. The house contains 3037 square feet of floor area on the upper two levels alone, with additional space in the lower, walkout level. The total amount of accessory space, including the new 307 square feet totals 1291 square feet. Photos in Exhibits D -F show the new addition. ANALYSIS/RECOMMENDATION Section 1201.03'Subd.2.d.(4) of the Shorewood Zoning Code contains four specific criteria for' granting this type of conditional use permit. Following is how the applicants' proposal complies with the Code: ®21 q.0 PRINTED ON RECYCLED PAPER Memorandum Re: Hartmann/Letendre CUP 2 February 2017 a. The total area of accessory space (1291 square feet) does not exceed the total floor area above grade of the principal structure (3037 square feet - upper two levels). b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R -1A zoning district (.10 x. 40,000 square feet = 4000 square feet). C. The space under the master bedroom addition was granted a variance to the front yard setback requirement. It does not exceed the variance granted. Nor does it increase the hardcover on the property, 18.3 percent. d. As shown on Exhibits D -F, the lower level accessory space has been integrated into the architecture of the existing home. Based on the preceding, it is recommended that the applicant's request be granted as proposed. Cc: Greg Lerud Tim Keane Joe Pazandak Wayne Hartmann/Michelle Letendre N y y y y 'ti y y O � y 0 350 700 1,400 S° Noble Rd y Feet y y y y y 1sland_View Ra y y e) pine y y y y y ° 0 y y y y y y Mars Pt Arbo ° Woo ide Road Q y y Cir - - -- y Marsh�Pt Pointe Lake Minnetonka y Ct y .s Kathleen BlrinmawrLE1 �Q 5 y S O y 2a der aeC 4 y �� ._ cu o fir. o /`��d9e y y. r'`° � S'awberry Ct. Rd L JI �i N U) Boulder_Cir y y )verly Dr y y -TTT� -�-+, ��' U: MapIE Subject �P ro p� ;�ty le v Ave Virginia Cove ge o v v La W 62nd St U Z City of Victoria, Carver County ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 225 0502 WWW.ADVSUR.COM SURVEY FOR: WAYNE HARTMANN SURVEYED: July, 2015 DRAFTED: July 8, 2015 ADDRESS: 27460 Maple Ridge Lane, Shorewood, Mn LEGAL DESCRIPTION: Lot 7, Block 3, Virginia Highlands Addition, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing location improvements deemed important. / ��. 6' the of existing we 3. Setting monuments old monuments to mark the corners the new or verifying of property. 4. Showing and tabulating hardcover area and the area of the lot for your review and for the review of such governmental agencies that may have jurisdiction over hard cover requirements. .� 5. While we show proposedunprovemenls to your property, we are not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confirm that the proposals we show are what you intend and submit the survey to such governmental agencies that may have jurisdiction over your project and gain their approvals if you can before beginning coushuction or planning / /' "?•. , improvements to the property. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in , determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. STANDARD SYMBOLS & CONVENTIONS: "0" / %' ' Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. h 00 f� /�3 '•.�/ CERTIFICATION: I hereby certify that this plan, specification, report or sin was prepared by me m• under my direct supervision and that I am a duly Licensed Professional Engineer Licensed Land Surveyor the laws Minnesota. t _A j /'' // A' 9 % , and under of the state of 4( Signature: Y., , x PaAcon Typed Name: James H. Parker Reg. No.: 9235 / Date: July 8, 2015 A '� O ' unerarc // Mr 11"M 9} ^' / / nEV: aaze / / ez N 82'58'21" W . • �_�__`_�_`, -`^a GRAPHIC SCALE 20 0 mo 20 40 �r�(mFM) S 80'2)'00" W 1 —212 67 A5� zs _ - -. , - ------------ j-9z / -I 'ta5 0 %PC" to 0 a M i rxr I t„ L= 9.32 R_50.00 1 ,' 1AN9 Exhibit B PROPERTY SURVEY 11/30/2016 Wayne M Hartmann 27460 Maple Ridge Lane Shorewood, MN 55331 waynehartmann @eaton.com 612 - 751 -3766 Brad Nielsen City of Shorewood Planning Director 5755 Country Club Road Shorewood, MN 55331 V f+ In 2015 you assisted me with a request for Variance for an addition to my home. That variance was granted, and the work on the addition is now essentially complete. However, at the final inspection I was informed by the building inspector that I would either: A) Need to create an entry into the lower portion of the new addition from the existing basement, or B) Request a Conditional Use Permit from the city since this space — without an access from inside the home — would now be considered 'Auxiliary Space'. I am further told that Auxiliary space is regulated by the city and that there is a 1200 sf maximum per property. In designing this addition, it was never my intent to create an entry from inside the home for two reasons: 1) Doing so would change the flow of the exiting basement making it less desirable for our use; 2) The space was better utilized for my family as a workshop and /or storage. In doing some very rough calculations, it would seem that adding this space as Auxiliary space would put my property at about 80 sf over the 1200 sf limit. I am requesting your assistance in proceeding with a CUP request to allow that space to remain as Auxiliary use. I am unsure what information may be required to request and receive the CUP. I am told by the inspector that one of the reasons for limiting Auxiliary space is to prevent the ratio of Living space to Auxiliary space from being out of balance. To support my request for a CUP I have included three pictures: 1) A full view of the front of the house (new addition is the extreme left of the house); 2) A close -up of the Addition from the front; 3) A close -up of the Addition from the back. Please note that the space in question is only the lower level of the addition. I think these pictures adequately demonstrate that the this space is an insignificant portion of the overall home, and that the way we constructed it, the space will not be discernable by neighbors as Auxiliary space. Please contact me either by phone or email (contact information in header) to let me know what the next steps are in the CUP process. Thanks and regards, Wayne Hartmann Exhibit C APPLICANTS' REQUEST LETTER r 1 a 4 O � ! i` �� ate'. � ,;� a• + -;�.`� _ xi m MOM tw-ilotmtFj 0.1 �,7jg NL7 AIRaY V. Try .��W ,V� 0 • F -Ji am O z z r �.� .r'-? 1R� 6 C y h-d Z CITY OF SHOREWOOD RESOLUTION NO. 17-xxx A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO WAYNE HARTMANN AND MICHELLE LETENDRE WHEREAS, Wayne Hartmann and Michelle Letendre (Applicants) are the owners of real property located at 27460 Maple Ridge Lane, in the City of Shorewood, County of Hennepin, legally described as: "Lot 7, Block 3, Virginia Highlands Addition, according to the recorded plat thereof, Hennepin County, Minnesota." WHEREAS, the Applicants have applied to the City for a Conditional Use Permit to build additional accessory space on their property, the area of which, when added to the area of other accessory space on the property, will bring the total area of accessory space on the property up to 1291 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 2 February 2017, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 7 February 2017, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request was considered by the City Council at its regular meeting on 27 February 2017, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property is located in a R-lA/S, Single- Family Residential/Shoreland zoning district and contains approximately 42,359 square feet of area. 2. The total proposed accessory space (1291 square feet) does not exceed the floor area above grade of the principal structure(3037 square feet—upper two levels). 3. The total area of accessory space does not exceed 10% of the minimum lot area for the R-lA/S zoning district in which it is located (4000 square feet). 4. The design and materials of the accessory structures are consistent with the architectural character of the existing home. 5. The accessory structures comply with all setback requirements for the R-lA/S. zoning- district and as approved by variance by the City Council. 6. The total amount of impervious surface on the property is 18.3 percent and complies with "S" District requirements. CONCLUSION A. The application of Wayne Hartmann and Michelle Letendre for a Conditional Use Permit as set forth herein above be and hereby is granted. B. The City Clerk is hereby authorized and directed to provide the Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 27th day of February 2017. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk -2- #9A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Accept Proposal for Design Services—Xcel Energy for the Chaska Road Power Burial (Oppidan), City Project 16-04 Meeting Date: February 27, 2017 Prepared by: Paul Hornby, City Engineer Reviewed by: Attachments Statement of Work Requested from Xcel Energy Policy Consideration: Should the City Council enter into a contract with Xcel Energy for the design for the burial of the power lines on Chaska Road as part of the Oppidan development TIF improvements? Background: The City Council previously approved the Oppidan Shorewood Senior Living development project and a tax increment district (TIF) to pay for public improvements and certain on-site improvements. As part of the TIF district, the burial of the overhead power and utilities was budgeted along with the public improvements. Staff estimated costs to bury the power lines at about $100,000. Xcel Energy has provided a Statement of Work Requested as an agreement to begin the design of the power line burial. The approval of the agreement and $5,000 design fee will need to be submitted to Xcel Energy in order for them to begin work on this project. Xcel Energy representatives have stated that the design fee is included in the construction cost if the project is constructed. Financial Considerations: Costs for the design is $5,000 and the design fee is included in the project costs if constructed. If the project does not go forward, the design fee is not reimbursed. Options: 1. Accept the proposal, as presented. 2. Reject the proposal and provide staff with alternative direction. Recommendation: Staff is recommending that a motion accepting the proposal from Xcel Energy for the design services be accepted by Council as presented. 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 Xcei Enerq s STATEMENT OF WORK REQUESTED DATE: 12/15/2017 WORK REQUESTED BY: City of Shorewood WORK LOCATION: Chaska Rd. ADDRESS: 5755 Country Club Rd. Shorewood MN 55331 CONSISTING OF: An in depth cost for the work to bury all existing Overhead facilities on the West side of Chaska Rd. from Highway 7 to Mayflower Rd. This cost in no way reflects any costs incured in moving any other utilities other than Xcel Energy. The party requesting this work to be done will be responsible for contacting all other utilities located in the area specified for this work. The facilities installed or removed by Northern States Power Company, a Minnesota corporation ("Xcel Energy" or the "Company")shall be the property of the Company and any payment by customer shall not entitle customer to any ownership interest or right therein. Customer's and Company's rights and obligations with respect to the facilities and services provided through the facilities are subject to additional terms and conditions as provided in the General Rules and Regulations and/or in the Rate Schedules of Xcel Energy's Electric Rate Book for customer's specific service, as they now exist or may hereafter be changed, on file with the state regulatory commission in the state where service is provided. The undersigned hereby requests and authorizes Northern States Power Company, a Minnesota corporation ("Xcel Energy")to do the work described above, and in consideration thereof, agrees to pay ($ 5000.00 in accordance with the following terms: Project will not be scheduled until this form along with payment are received by Xcel Energy Receipt of the above amount hereby acknowledged on behalf of the Company by Phillip Glorvigen Northern States Power Company, Customer a Minnesota corporation ("Xcel Energy") Brian Broucek Design Supervisor Print Full Name and Title Print Full Name and Title(if applicable) Signature Signature FOR XCEL ENERGY USE Xcel Energy Representative Xcel Energy Work Order# Construction$ 2500.00 Removal $ 2500.00 Total $ 5000.00 Form 17-7012 #10A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Proposed Increase in Administrative Enforcement Penalty – Rental Housing Violations Meeting Date: 22 February 2017 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Draft Ordinance Policy Consideration: Should the City increase the administrative enforcement penalty for multiple violations of the rental housing regulations? Background: Although we prevailed in our administrative enforcement hearing last year, the $200 administrative penalty imposed was entirely insignificant given the amount of money the violator was making renting out the property (Wild Rose Lane). Staff has discussed this with the City Attorney and we have agreed that a stiffer penalty is in order. In our original research on short-term rentals, we found that some cities that had experienced problems with these rentals had increased their penalties to $1000, sometimes more. We have reason to believe that the previous violator may be continuing to rent out the property in question on a short-term basis, which is a violation of a recent code amendment which does not allow rentals for less than 30 days at a time. As we build that case, an increase in penalty is considered useful. The proposed changes are included in the attached amendment and include raising the penalty for the first offense from $200 to $300, similar to zoning violations. This is adequate for the first-time or occasional offender. Subsequent violations, however, are proposed to be increased to $1000 per violation. Financial or Budget Considerations: At present the penalty for violating the rental housing code is a very tiny cost of doing business for violators and does very little to offset the City’s cost of enforcement. The proposed penalty increase is intended to make the violation a bit more painful for the offender and to help defray the cost of enforcement. Options: Approve the amendment, modify the amendment or reject the amendment. Recommendation / Action Requested: Given the nature of the short-term rental business, and the profits they enjoy, coupled with the disruption of residential neighborhoods, the proposed penalties are highly recommended. Next Steps and Timelines: The amendment goes into effect upon publication in the official newspaper. Connection to Vision / Mission: 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 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD,MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances (Administrative Enforcement) is hereby amended to read: LICENSE,PERMIT,SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee I. Miscellaneous Permits and Licenses Administrative enforcement 104.03 Class A Offenses: $100 Violations of Public Health Regulations (Chapters 501-503,except those violations which are also Zoning Code Violations) Class B Offenses: $300 Violations of Rental Housing Regulations (Chapter 1004) Subsequent Violations: $1000 per violation Class C Offenses: $300 Violations of Building Regulations (Chapters 1001-1003 and 1005) Violations of Wetland Regulations (Chapter 1102) Violations of Tree Preservation Regulations (Chapter 1103) Violations of Zoning Regulations (Chapter 1201) Subsequent Violations: 2nd citation within 24 months of issuance of previous citation: 25%increase over scheduled civil penalty 3rd citation within 24 months of issuance of previous citation: 50%increase over scheduled civil penalty 4th citation within 24 months of issuance of previous citation: 100%increase over scheduled civil penalty Section 2. This ordinance is effective upon its publication in the official newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 27th day of February, 2017. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk #10B MEETING TYPE City of Shorewood Council Meeting Item REGULAR .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Resolution Affirming and Supporting City Authority Over Rights-of-Way Meeting Date: February 27, 2017 Prepared by: Greg Lerud Reviewed by: Tim Keane and Brad Nielsen Attachments: Resolution Policy Consideration:At the last council meeting I provided an update and hand out regarding legislation introduced in both the MN House (HF739) and MN Senate (SF561)that would pre-empt local authority to manage right-of-way access for certain wireless communications equipment. If the legislation is approved,these companies would be the only unregulated industry that would be allowed unfettered access to city streets, properties, and buildings. Should the city council reaffirm local control and authority over Shorewood public property and rights-of-way? Background: Legislation was introduced during the 2016 legislative session that would have pre-empted local authority and put in place statewide requirements for cities to allow wireless companies to install small cell facility networks in public rights-of-way, on public buildings, and on commercially zoning properties. Legislation was introduced again during this session to do the same and is part of a nationwide effort by telecommunications companies to have State Legislatures pass laws that pre-empt local control over rights-of-way and other public property to allow for the installation of"small cell wireless" equipment and distributed antenna systems. While some statewide minimum standards might be suitable and acceptable, other local considerations as public safety and aesthetics of these facilities could be taken out of the city's decision making authority. Financial or Budget Considerations: Opposition to this bill is based on limiting the city's ability to exercise its authority over public property. However,there is also a financial consideration in that the legislation limits the city's cost recovery options for maintaining the public assets that these companies are accessing. Options: 1. Do nothing. 2. Pass the Resolution to express the city's strong opposition to this proposed legislation, and convey this Resolution to the City's Senator, Representative, and County Commissioner. Recommendation/Action Requested: Staff recommends approval of the attached Resolution. 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. Pagel CITY OF SHOREWOOD RESOLUTION NO. 17—xxx A RESOLUTION REAFFIRIMG CITY AUTHORITY TO MANAGE PUBLIC RIGHTS-OF- WAY WHEREAS;bills before the Minnesota Legislature (HF 739) and(SF 561)would allow unregulated access to the public right-of-way by private parties for installation of small cell wireless equipment and distributed antenna systems; and, WHEREAS; the legislation provides for automatic approval of these types of facilities, which prevents cities, through their elected representatives, from exercising their ability and authority to manage their public real estate; and, WHEREAS; the legislation will supersede many existing zoning ordinances and comprehensive plans enacted by the city, and put in place statewide requirements that would pre-empt local decision in conflict with the interests of the public and the city of Shorewood; and, WHEREAS; this legislation is unique in that only these private telecommunications companies would have unregulated access to public rights-of-way. NOW, THEREFORE BE IT RESOLVED BY THE SHOREWOOD CITY COUNCIL, that the council reaffirms its support for local decision making and control over public rights-of-way within its jurisdiction, and opposes any legislation that allows private telecommunication companies, specifically, and utilities in general, unfettered access to the public right-of-way. Be It Further Resolved that the council hereby directs that this Resolution be communicated to the state officials representing the City of Shorewood, including its State Senator and Representative. Adopted this 27`h day of February, 2017. Mayor Scott Zerby ATTEST: Jean Panchyshyn #10C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Making Appointments to the Planning Commission Meeting Date: February 27, 2017 Prepared by: Greg Lerud, City Administrator Attachments: Resolution Policy Consideration: Council may consider making appointments to the Planning Commission Background: Earlier this evening, Council interviewed two candidates for consideration of appointment to the Planning Commission: Janet Sylvester, 27110 W 62nd Street; and Marc Riedel, 5995 Ridge Road There is one seat open for a one-year term (filling the term vacated by Council Member Patrick Johnson) and one seat open for a three-year term. Council will need to decide if it wishes to appoint the candidates above, and for what length of term. Recommendation/Action Requested: Should Council determine to make an appointment, it may adopt the attached Resolution identifying the appointment for the terms noted. Next Steps and Timelines: Candidates will be notified of Council’s decision. 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 PLANNING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood residents to apply to serve on the Planning Commission; and WHEREAS, the City Council has completed interviews and selection procedure for appointment to said Commission; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointments to the Planning Commission effective March 1, 2017, with the term expiration as indicated: Planning Commission: Member Term 1. ___________________________ February 28, 2018 2.___________________________ February 29, 2020 Said appointments complete the five member Planning Commission which consists of the following additional members: Member Term 3.Sue Davis February 28, 2019 4.Dustin Maddy February 28, 2019 5.Robert Bean February 28, 2018 th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27 day of February, 2017. _______________________________ ATTEST: Scott Zerby, Mayor ____________________________________ Jean Panchyshyn, City Clerk SUMMARY OF 2017 RETREAT AND RECOMMENDED ACTION 1. SOUTHSHORE CENTER The recommendation from the council was to invite individuals or companies to submit a RFI or RFP for their recommended use of the Center. In addition, engage the public both through a survey on what the community knows about the Center, and what the public would like to see, as well as through a rebranding "contest" with council having final say on the renaming. Incentive to participate would be a credit toward a future center use. Develop a CIP for future building system and other improvements. Obtain quotes for immediate work to include relighting, replacing ceiling tiles, and making the lobby area more inviting. 2. STREET CIP / PASER EVALUATION The PASER evaluation system is a useful tool. Need to incorporate how the core sampling will be added to the flow chart. Also need to develop a policy that will specify the conditions or circumstances for how a road may move up or down in the CIP schedule. Core sampling for this year's roads as well as the island roads show much more deterioration that anticipated. Some of the traffic committee recommendations will be considered as the council discusses this year's CIP. Discussion about using temporary traffic controls to determine effect of certain improvements, rather than jumping right into a project. The CIP shows a deficit of approximately $2.4 million over the next nine years for planned street work. 3. ASSESSMENTS /FRANCHISE FEE An analysis of assessing for reconstruction projects only showed that a great deal of the deficit could be eliminated by a 50% assessment on benefitted properties. Franchise agreements with Xcel Energy and CenterPoint were discussed along with related fees as a way to also close the deficit in the Street Maintenance Fund. The council directed the City Administrator and City Attorney to begin working with both utilities for a franchise agreement. 4. ORGANIZED WASTE HAULING There was strong interest in examining organized solid waste hauling in the City— either through a fully organized collection system, or some hybrid between that and the present open system. The amount of garbage truck traffic on city streets is causing damage and the City must find a way to reduce that traffic and better manage the collection system. The City Attorney and City Administrator are going to bring specifics about the organizing process and options to a future work session. 5. RENEWABLE ENERGY There was not much discussion on this item as it has been before the council in draft form. The City has joined Xcel Energy's Partner's in Energy program and the draft plan and timeline as submitted by the City Engineer was recommended to come back to the first Council meeting in March for council consideration. -* I n N d Gt- e�c I 1.A.1 MEMORANDUM Date: February 27, 2017 To: Mayor Zerby Council Members From: Bruce DeJong, Finance Director Re: January, 2017 General Fund Monthly Budget Report The 2017 budget looks much like the same time in the previous year—no trends can be identified and there are some significant timing differences based on when we receive payment for invoices or are billed for certain services. Please remember that the city receives its primary revenues from property taxes which the first half are distributed in June, July, and the second half in December. Permits are likely to stay high as the Minnetonka Country Club property is developed. Miscellaneous Revenues are high because of timing differences for the receipt for the water tower leases. Expenditures are higher than 2016. The total expenditures are still under budget in total. Police Protection—Capital Outlay is higher solely because of timing differences between the first payments of the year. Fire Protection—Other Services and Charges and Capital Outlay are higher solely because of timing differences between the first payments of the year. Park Maintenance—Personal Services are higher because more time has been coded here rather than in the Public Works Service. This is not a problem for the overall General Fund budget because total salaries are still below budget. Please contact me or Mr. Lerud if you have any questions. Attachment: January Budget Spreadsheet General Ledger Revenue and Expense vs Bridget Through January 31,2017 %Collected One Year Description Budget Period Amt YTD Budget %Expended Prior Actual General Fund Revenues Taxes $ 5,180,996.00 $ - $ 431,749.67 0.00% $ - Licenses&Permits $ 239,180.00 $ 25,996.07 $ 19,931.67 10.87% $ 20,517.67 Intergovernmental $ 90,751.00 $ - $ 7,562.58 0.00% $ - Charges for Service $ 42,200.00 $ 970.00 $ 3,516.67 2.30% $ 1,930.00 Fines&Forfeits $ 60,000.00 $ 440.00 $ 5,000.00 0.73% $ 500.00 Misc Revenues $ 210,400.00 $ 116,501.77 $ 17,533.33 55.37% $ 69,031.86 Other Financing Sources $ 25,000.00 $ - $ 2,083.33 0.00% $ - General Fund $ 5,848,527.00 $ 143,907.84 $ 487,377.25 2.46% $ 91,979.53 General Fund Expenditures Council Personal Services $ 22,600.00 $ 1,847.95 $ 1,883.33 8.18% $ 1,847.95 Supplies $ 2,000.00 $ 432.31 $ 166.67 21.62% $ - Other Services and Charges $ 116,500.00 $ 7,680.75 $ 9,708.33 6.59% $ 3,213.00 Other Financing Use $ 70,000.00 $ - $ 5,833.33 14.23% $ - Council $ 211,100.00 $ 9,961.01 $ 17,591.67 4.72% $ 5,060.95 Administraton Personal Services $ 402,154.00 $ 35,439.52 $ 33,512.83 8.81% $ 23,651.50 Supplies $ 20,900.00 $ 906.96 $ 1,741.67 4.34% $ 1,588.15 Other Services and Charges $ 42,550.00 $ 1,310.14 $ 3,545.83 3.08% $ 1,120.85 Administraton $ 465,604.00 $ 37,656.62 $ 38,800.33 8.09% $ 26,360.50 Finance Personal Services $ 142,273.00 $ 13,154.18 $ 11,856.08 9.25% $ 12,830.47 Supplies $ 15,600.00 $ - $ 1,300.00 0.00% $ 7,118.03 Other Services and Charges $ 17,300.00 $ 50.00 $ 1,441.67 0.29% $ 878.22 Finance $ 175,173.00 $ 13,204.18 $ 14,597.75 7.54% $ 20,826.72 Professional Services Other Services and Charges $ 236,400.00 $ - $ 19,700.00 0.00% $ 58,500.00 Professional Services $ 236,400.00 $ $ 19,700.00 0.00% $ 58,500.00 Planning Personal Services $ 178,797.00 $ 18,365.90 $ 14,899.75 10.27% $ 19,031.63 Supplies $ 450.00 $ 400.00 $ 37.50 88.89% $ 406.74 Other Services and Charges $ 97,000.00 $ 155.68 $ 8,083.33 0.16% $ 348.00 Planning $ 276,247.00 $ 18,921.58 $ 23,020.58 6.85% $ 19,786.37 Municipal Buildings Supplies $ 21,300.00 $ - $ 1,775.00 0.00% $ 2,239.04 Other Services and Charges $ 180,000.00 $ 3,489.00 $ 15,000.00 1.94% $ 78,747.61 Other Financing Use $ 102,913.00 $ - $ 8,576.08 0.00% $ - Municipal Buildings S 304,213.00 S 3,489.00 S 25,351.08 1.15% S 80,986.65 %Collected One Year Description Budget Period Amt YTD Budget %Expended Prior Actual Police Protection Supplies $ - $ - $ - $ - Other Services and Charges $ 1,180,050.00 $ 98,125.00 $ 98,337.50 8.32% $ 91,972.08 Capital Outlay $ 214,000.00 $ 53,451.75 $ 17,833.33 24.98% $ - Debt Service $ - $ - $ - $ - Police Protection $ 1,394,050.00 $ 151,576.75 $ 116,170.83 10.87% $ 91,972.08 Fire Protection Other Services and Charges $ 372,976.00 $ 93,234.87 $ 31,081.33 25.00% $ 5,958.75 Capital Outlay $ 256,648.00 $ 64,161.94 $ 21,387.33 25.00% $ - Fire Protection $ 629,624.00 $ 157,396.81 $ 52,468.67 25.00% $ 5,958.75 Protective Inspections Personal Services $ 126,299.00 $ 10,499.38 $ 10,524.92 8.31% $ 9,927.04 Supplies $ 200.00 $ - $ 16.67 0.00% $ 245.00 Other Services and Charges $ 10,550.00 $ - $ 879.17 0.00% $ 115.00 Protective Inspections $ 137,049.00 $ 10,499.38 $ 11,420.75 7.66% $ 10,287.04 City Engineer Other Services and Charges $ 89,725.00 $ - $ 7,477.08 0.00% $ - City Engineer $ 89,725.00 $ $ 7,477.08 0.00% $ Public Works Service Personal Services $ 516,365.00 $ 25,230.82 $ 43,030.42 4.89% $ 27,724.70 Supplies $ 160,200.00 $ 1,379.77 $ 13,350.00 0.86% $ 3,515.68 Other Services and Charges $ 166,100.00 $ 3,332.37 $ 13,841.67 2.01% $ 3,935.02 Other Financing Use $ 890,000.00 $ - $ 74,166.67 0.00% $ - Public Works Service $ 1,732,665.00 $ 29,942.96 $ 144,388.75 1.73% $ 35,175.40 Ice&Snow Removal Personal Services $ 61,465.00 $ 8,238.83 $ 5,122.08 13.40% $ 10,534.93 Supplies $ 44,000.00 $ 1,358.96 $ 3,666.67 3.09% $ - Other Services and Charges $ - $ - $ - $ - Ice&Snow Removal $ 105,465.00 $ 9,597.79 $ 8,788.75 9.10% $ 10,534.93 Park Maintenance Personal Services $ 115,022.00 $ 13,057.00 $ 9,585.17 11.35% $ 12,080.50 Supplies $ 23,300.00 $ 36.98 $ 1,941.67 0.16% $ 446.90 Other Services and Charges $ 40,500.00 $ 608.50 $ 3,375.00 1.50% $ 948.61 Park Maintenance $ 178,822.00 $ 13,702.48 $ 14,901.83 7.66% $ 13,476.01 Recreation Personal Services $ 41,575.00 $ 6,455.58 $ 3,464.58 15.53% $ 5,638.76 Supplies $ 7,700.00 $ - $ 641.67 0.00% $ - Other Services and Charges $ 13,900.00 $ 4,456.29 $ 1,158.33 32.06% $ 5,112.30 Other Financing Use $ 42,000.00 $ - $ 3,500.00 0.00% $ - Recreation $ 105,175.00 $ 10,911.87 $ 8,764.58 10.37% $ 10,751.06 General Fund $ 6,041,312.00 $ 466,860.43 $ 503,442.67 7.73% $ 389,676.46 Revenue Total $ 5,848,527.00 $ 143,907.84 $ 487,377.25 $ 91,979.53 Expense Total $ 6,041,312.00 $ 466,860.43 $ 503,442.67 $ 389,676.46 Net Income/(Loss) $ (192,785.00) $ (322,952.59) $ (16,065.42) $ (297,696.93) CITY OF SHOREWOOD City Council Regular Meeting February 27, 2017 7:00 PM Print Name Print Address 3. 4. 5. 6. 7. 8. a 10.