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041017 CC Reg Mtg Agenda CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 10, 2017 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review Agenda Attachments 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of March 27, 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. Approve Cost Sharing Agreement with Minnehaha Creek Watershed District for AIS Watercraft Inspection City Administrator memo C. Call for Special Council meeting on April 24 at 6:00 p.m. for a joint meeting with the Park Commission D. Approve Traffic Control Signal Agreement – TH 7 at Vine Hill Road Engineer’s memo Resolution 4. MATTERS FROM THE FLOOR (No Council Action will be taken) 5. PUBLIC HEARING A. 7:00 P.M. Public Hearing - Vacate Drainage and Utility Easement Planning Director’s Location: 20465 Radisson Road (Steven Berchild) memo 6. REPORTS AND PRESENTATIONS 7. PARKS A. Girl Scout Troop 16283 Little Free Library proposal Scout Troop Power Point CITY COUNCIL REGULAR MEETING AGENDA – April 10, 2017 Page 2 8. PLANNING A. Lot Line Rearrangement – Berchild & Callies See 5A 9. ENGINEERING/PUBLIC WORKS A. Approve Professional Service Agreement - 2017 MS4 Program Implementation Director of Public Works Memo 10. GENERAL/NEW BUSINESS A. Southshore Center RFI City Administrator memo B. Authorization on City Accounts City Administrator memo 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Public Works Director 2. Engineer B. Mayor and City Council 12. ADJOURN #2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MARCH 27, 2017 10:00 A.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 10:00A.M. A. Roll Call Present. Mayor Zerby; Councilmembers Siakel and Sundberg; Attorney Keane; City Administrator Lerud; Director of Public Works Brown; and, City Engineer Hornby Absent: Councilmembers Johnson and Labadie B. Review Agenda Sundberg moved, Siakel seconded, approving the agenda as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes of March 13, 2017 Zerby moved, Siakel seconded, Approving the City Special Meeting Minutes of March 13, 2017, as presented. Motion passed 3.0 B. City Council Regular Meeting Minutes of March 13, 2017 Sundberg moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of March 13, 2017, as presented. Motion passed 3/0. C. City Council Special Meeting Minutes of March 20, 2017 Siakel moved, Sundberg seconded, Approving the City Council Special Meeting Minutes of March 20, 2017, as presented. Motion passed 3/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Proposal for Professional Services – WSB & Associates, Inc. for Infiltration and Inflow Study, Sanitary Sewer System C. Letter from Lake Minnetonka Conservation District CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 27, 2017 Page 2 of 4 D. Shorewood Yacht Club E. Lacrosse Practice Wall F. Adopting RESOLUTION NO. 17-026, “A Resolution Approving Contract with Northwest Associated Consultants to Update the City's Comprehensive Plan.” G. Setting the Date for the Appreciation Event Motion passed 3/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS A. Park Commission Meeting March 14, 2017, Minutes Mayor Zerby noted the meeting packet contained a copy of the minutes from the March 14, 2017, Park Commission meeting. 8. PLANNING 9. ENGINEERING/PUBLIC WORKS A. Accept Quotes for Well No. 5 Maintenance Project and Award Contract Director Brown explained the City solicited quotes for the televising the casing and the removal, inspection, repair and reinstallation of the Boulder Bridge Submersible Well. The low quote was submitted by EH Renner and Sons. Staff recommends Council accept the quotes from EH Renner and Sons. Mayor Zerby thanked Director Brown for his estimate being close to the quote amount. Brown clarified that was Engineer Hornby’s estimate. Zerby thanked Hornby. Sundberg moved, Siakel seconded, accepting the base, alternative 1 and alternative two quotes from EH Renner and Sons to televise, remove, inspect, repair and reinstall the Boulder Bridge $ Submersible Well for an amount not to exceed50,616.40. Motion passed 3/0. 10. GENERAL/NEW BUSINESS 11. STAFF AND COUNCIL REPORTS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 27, 2017 Page 3 of 4 A. Administrator and Staff 1. Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the March 2017 Monthly Budget Report. 2. Report on Live Building Burn Opportunity Administrator Lerud noted the meeting packet contains a copy of an email from Excelsior Fire District (EFD) Chief Gerber regarding live burn training for EFD firefighters on the property located at 25830 Birch Bluff Road. The dates for training range between April 5 and April 15 but not on each one of those dates. The training will end on April 15 when the house would be burned down. Chief Gerber met with the homeowner and walked the site inside and out. The types of training include search and rescue, breeching walls, roof, and live burn evolutions. Other Mayor Zerby asked when street sweeping will be done. Director Brown stated it started about one week ago; it began on the east end of the City because those roadways typically have the most edge control. Zerby then asked if the sidewalks will be swept. Brown stated he thought that can be done with the new machine Public Works has. Engineer Hornby stated Council had asked about the last utility line to be buried along Smithtown Road near the Country Club Road project site. The line is a Century Link line and it will bore in a new conduit for the communications line. Administrator Lerud noted that he and Mayor Zerby meet with representatives from the Three Rivers Park District (TPD) on March 23 to discuss a potential bridge overpass at the Lake Minnetonka LRT Regional Trail at County State Aid Highway (CSAH) 19. That project was not funded. The project was ranked 26 on the federal government’s ranking scale and only the top 10 projects received funding. It is unlikely that the ranking will go up because the current formula favors very urban and densely populated areas. There was also discussion about a tunnel in that area. Mayor Zerby stated the area suffers from the lake affect; it does not have the population density for the federal government to consider it high in its ranking. They met with TRPD Board of Commissioners Chair Gunyou and Boe Carlson (Superintendent of TRPD) and Jonathan Vlaming (Associate Superintendent of TRPD.) They discussed possibly helping the City with some north/south passages. There was some interest in helping to fund widening Country Club Lane in order to link the LRT to Chaska. There was also discussion about raising the roadway. There was discussion about waiting until there has been one full year of use of the rectangular rapid flashing beacons (RRFBs). Councilmember Sundberg asked how the RRFBs are monitored. Administrator Lerud clarified the City does not monitor that. Councilmember Siakel asked who owns the RRFB; the County or the TRPD. Director Brown responded the County. Mayor Zerby stated the TRPD funded them. South Lake Minnetonka Police Department (SLMPD) Chief Meehan stated that since the sign was installed near the RRFBs no incidents have been reported. Mayor Zerby asked for an update on the utility franchise agreement that was discussed during the February 24 Council and staff retreat. Attorney Keane explained that staff has looked at a couple of models from other communities. He had spoken with representatives from the League of Minnesota Cities CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 27, 2017 Page 4 of 4 (LMC). He also consulted with the attorney that implemented something similar for the City of Elk River and obtained the templates and documents for that. He thought he and Administrator Lerud can bring that forward in due course. Administrator Lerud stated staff is working backwards starting with the Capital Improvement Program (CIP) to ensure the numbers are correct. The City does not want to propose a franchise fee that is not sufficient to cover the deficit. He hopes that will be done by April 30. He clarified the franchise agreement is separate. Council would then set the fee by ordinance. Attorney Keane stated he thought that would be ready for Council to discuss by the end of April with actions to follow. Councilmember Sundberg asked if there is any indication of how the utilities will respond. Attorney Keane stated the attorney for Elk River who implemented the program with the utilities thought that the utilities cooperated. Administrator Lerud noted the City would not be breaking new ground. Mayor Zerby stated the City received a copy of the Mill Street speed study. He saw the pdf report and it th does not match the data that the City’s policy looks for. The policy is the 50 percentile and the pdf th shows the 85 percentile which is a standard for the Minnesota Department of Transportation (MnDOT). Director Brown explained the policy approved by Council calls for the speed trailer to be put out to capture data. The data Zerby saw was preliminary data. The SLMPD used a radar box to capture preliminary data. Staff is waiting to process the data captured by the speed trailer. That has been conveyed to the interested residents. Zerby suggested Council review the policy. If it specifically calls out the trailer it influences the results because drivers are informed of what speed they are driving. He is looking for day-to-day data because that is what the residents notice. th Director Brown stated that everything that he recalls in the policy references the 85 percentile which is a very common target for traffic studies. Councilmember Sundberg stated she has spoken with Mayor Zerby about having staff create a report that shows the progress of the major projects (e.g.; the utility franchise fee). B. Mayor and City Council 12. ADJOURN Sundberg moved, Siakel seconded, Adjourning the City Council Regular Meeting of March 27, 2017, at 10:18 A.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Scott Zerby, Mayor City Administrator, Greg Lerud #3A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: April 10, 2017 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid? Background: Claims for council authorization. 63501 - 63536 & ACH 509,751.15 Total Claims $509,751.15 We have also included a payroll summary for the payroll period ending April 2, 2017. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents an budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay these claims or may r expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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Background: The City of Shorewood has worked with the Minnehaha Creek Watershed District for several years in a program to conduct Aquatic Invasive Species Inspections for watercraft. The program has been a joint effort between the MN DNR, the MCWD, and the City of Shorewood. The proposed 2017 program provides daily inspection services from April 15 to October 31, for a total of 3200 hours of service. Financial or Budget Considerations: The total budget for the project is $85,680. Hennepin County provides an AIS grant in the amount of $10,000. The letter of agreement calls for the MCWD to reimburse the City of Shorewood’s cost up to $37,840 or 50 percent of the remaining eligible costs, whichever is less. Recommendation / Action Requested: Staff recommends approval of the agreement as presented. Next Steps and Timeline: Return the approved agreement to MCWD and continue to work with the contractor providing the service so training is provided by April 15. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 #3D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Traffic Control Signal Agreement – MnDOT TH 7 and Vine Hill Road Improvements Meeting Date: April 10, 2017 Prepared by: Paul Hornby, City Engineer Reviewed by: Attachments: Traffic Control Signal Agreement - MnDOT Policy Consideration: Should the City enter into an agreement with MnDOT for the replacement of the signal system and intersection improvements at TH 7 and Vine Hill Road? Background: MnDOT has been planning the replacement of the signal system at TH 7 and Vine Hill Road as part of their capital improvement program. The project consist of: Replacement of the Signal System including emergency vehicle pre-emption and Signal  interconnect Widening pavement between TH 7 and Broms Blvd/Delton Avenue for an additional northbound  lane Construction of a safety fence from the signal to CSAH 101  ADA improvements  MnDOT has prepared a traffic control signal agreement for the proposed improvements that define the cost sharing of the improvement between MnDOT, Shorewood, and Deephaven. The cities have a share of the signal costs for their local road connections at the signal. The agreement places the following obligations on the City of Shorewood: Electrical power hook-up and monthly service expenses  Maintenance of the signal pole mounted LED Luminaires  Replacement of signal LED indications (red, yellow green lights)  Cleaning of the control cabinet and service exteriors  Cleaning the signal system and luminaire mast arm extension  The cost of these items are assigned to Shorewood, and by agreement, Shorewood will invoice 50% of the costs to Deephaven for their share of the ongoing maintenance. This agreement is typical for signal projects on MnDOT’s highway system, and similar to existing agreements approved by the City. 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 Financial or Budget Considerations: The City of Shorewood will be responsible for 25% of the cost of construction and MnDOT furnished materials such as the controller and cabinet. Shorewood’s share in the project costs in the agreement as $105,303.63 and are to be funded through the City state aid construction account. As in all construction project, there may be additions or deductions in the contract that adjust the distribution of costs between the parties. Options: Staff has identified the following options for Council consideration: 1.Approve the Agreement 2.Reject the Agreement 3.Take no action at this time Recommendation / Action Requested: Staff recommends Council approve the agreement and the Resolution prepared by MnDOT. Next Steps and Timelines: MnDOT plans to bid the project in April and May with Construction in 2017. MnDOT Contract No: 1027395 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF SHOREWOOD And CITY OF DEEPHAVEN TRAFFIC CONTROL SIGNAL AGREEMENT Total Obligation State Project Number: 2706-221 Shorewood: $105,303.63 Trunk Highway Number: 7 = 012 Signal System I.D. 1864528 (Formerly 20136 ) Deephaven: $105,303.63 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Shorewood acting through its City Council (Shorewood) and City of Deephaven acting through its City Council (Deephaven). Recitals 1. The State will remove the existing Traffic Control Signal and install a new Traffic Control Signal with Signal Pole Mounted LED Luminaires and Signing ("Signal System"), on Trunk Highway No. 7 at Vine Hill Road, in the Cities of Shorewood and Deephaven, Hennepin County, Minnesota, according to a State-prepared Plan, specifications and special provisions designated by the State as State Project No. 2706-221 (T.H. 7 = 012)("Project"); and 2. The existing interconnect will be pulled back and reinstalled for this project; and 3. The State will install an Emergency Vehicle Pre-emption System ("EVP System") and associated American Disabilities Act (ADA) items as part of the new Signal System; and 4. The State will furnish a traffic control signal cabinet and controller ("State Furnished Materials"), according to the Project Plan to operate the Signal System covered under this Agreement; and 5. Shorewood and Deephaven wish to participate in the costs of the Signal System, EVP System and ADA construction, State Furnished Materials lump sum amounts and associated construction engineering; and 6. Shorewood, Deephaven and the State will participate in the power, operation and maintenance of the new Signal System, new EVP System and existing Interconnect. 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plan 1.1. Effective date.This Agreement will beeffective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. . Expiration dateThis Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 8. Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. The terms and conditions set forth in Article 3. Signal System, EVP System and Interconnect – Power, -1- MnDOT Contract No: 1027395 Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plan, Specifications, Special Provisions. Plan, specifications and special provisions designated by the State as State Project No. 2706-221 (T.H. 7 = 012) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plan") 1.5. . ExhibitsPreliminary Schedule "I" is on file in the office of Shorewood’s and Deephaven’s City Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plan. 2.2. Direction, Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plan. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plan and contract construction, which may include Shorewood and Deephaven participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate Shorewood and Deephaven officials of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect Shorewood and Deephaven participation construction covered under this Agreement. B. Shorewood or Deephaven may request additional work or changes to the work in the Plan as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal System, EVP System and Interconnect – Power, Operation and Maintenance Power, operation and maintenance responsibilities will be as follows for the Signal System and EVP System on T.H. 7 at Vine Hill Road; and for the Interconnect on T.H. 7 from Vine Hill Road to County Road 101 and from Vine Hill Road to Old Market Road. 3.1. Shorewood and Deephaven Responsibilities A. . Power Shorewood will be responsible for the hook-up and application cost to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the new Signal System, EVP System and existing interconnect. Shorewood will receive the bill for the hook-up cost, application cost and the monthly electrical bill for the new Signal System, EVP System and existing interconnect, and invoice Deephaven for fifty (50) percent of the costs. B. Minor Luminaire and Signal System Maintenance. Upon completion of the new Signal System, EVP System and existing interconnect work, Shorewood will provide for the following responsibilities at its own cost and invoice Deephaven for fifty (50) percent of the costs for the following responsibilities assigned to Shorewood: -2- MnDOT Contract No: 1027395 i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual, fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean the Signal System and luminaire mast arm extensions. 3.2. State Responsibilities A. Interconnect; Other Maintenance; and Timing. The State will maintain the Interconnect (on T.H. 7 from Vine Hill Road to County Road 101 and from Vine Hill Road to Old Market Road) and signing, and perform all other Signal System and signal pole luminaire circuit maintenance without cost to Shorewood and Deephaven. All Signal System timing will be determined by the State and no changes will be made without the State's approval. B. . EVP System Operation The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. Shorewood and Deephaven will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after Shorewood and Deephaven receive written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 3.3. . Right of Way Access Each party authorizes the other parties to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 3.4. Related Agreements. This agreement will supersede and terminate Agreement No. 71980, dated May 4, 1994 between the parties for the intersection on Trunk Highway No. 7 at Vine Hill Road. 4. Basis of Shorewood and Deephaven Cost 4.1. SCHEDULE "I". The Preliminary SCHEDULE "I" includes all anticipated Shorewood and Deephaven participation construction items including ADA items, State Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. Shorewood and Deephaven Participation Construction. Shorewood and Deephaven will participate in the following at the percentages indicated. Shorewood and Deephaven will be billed for the match of their cost participation as shown on the Schedule "I". Shorewood and Deephaven costs will include an amount equal to all anticipated participation construction including ADA items, State Furnished Materials and associated construction engineering. -3- MnDOT Contract No: 1027395 A. Signal System, EVP System, ADA items and State Furnished Materials on T.H. 7 at Vine Hill Road. i. Twenty five (25) Percent will be Shorewood's rate of cost participation. ii. Twenty five (25) Percent will be Deephaven's rate of cost participation. 4.3. Construction Engineering Costs. Shorewood and Deephaven will pay a construction engineering charge equal to 8 percent of their respective total participation construction covered under this Agreement. 4.4. Plan Changes, Additional Construction, Etc.Shorewood and Deephaven will share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete Shorewood’s and Deephaven’s participation construction covered under this Agreement, including any Shorewood and Deephaven requested additional work and plan changes. The State reserves the right to invoice Shorewood and Deephaven for the cost of any additional Shorewood and Deephaven requested work and plan changes, construction contract addenda, change orders and supplemental agreements, and associated construction engineering before the completion of the contract construction. 5. Shorewood and DeephavenCost and Payment 5.1. Shorewoodand Deephaven. Cost $105,303.63 is Shorewood's estimated share and $105,303.63 is Deephaven’s estimated share of the costs of the contract construction and State Furnished Materials, and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised SCHEDULE "I" based on construction contract unit prices, which will replace and supersede the Preliminary SCHEDULE "I" as part of this agreement. 5.2. Conditions of Payment. Shorewood and Deephaven will pay the State their respective full and complete : lump sum amounts as shown in the Revised SCHEDULE "I", after the following conditions have been met A. Execution of this Agreement and transmittal to Shorewood and Deephaven, including a copy of the Revised SCHEDULE "I". B. Shorewood’s and Deephaven's receipt of a written request from the State for the advancement of funds. 5.3. Shorewood’sand Deephaven. Acceptance of ’s Cost and Completed ConstructionThe computation by the State of the amount due from Shorewood and Deephaven will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon Shorewood and Deephaven as to the satisfactory completion of the contract construction. 5.4. Shorewood and Deephaven Final Payment, Additional Requested Work Upon completion of all contract construction and upon computation of the final amount due the State's contractor and only if additional work has been requested under Article 2.3.B of this Agreement, the State will prepare a Final SCHEDULE "I" and submit a copy to Shorewood and Deephaven. The Final SCHEDULE "I" will be based on final quantities of any additional Shorewood or Deephaven requested participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the Shorewood and Deephaven will be final, binding and conclusive. 6. Authorized Representatives Each party’s AuthorizedRepresentative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. -4- MnDOT Contract No: 1027395 6.1. The State's Authorized Representative will be: Name/Title: Allan Espinoza, MnDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651) 234-7812 E-Mail: allan.espinoza@state.mn.us 6.2. Shorewood’s Authorized Representative will be: Name/Title: Paul Hornby, Shorewood City Engineer (or successor) Address: 5755 Country Club Road, Shorewood, MN 55331 Telephone: (952) 960-7900 Fax: (952) 474-0128 6.3. Deephaven’s Authorized Representative will be: Name/Title: Dana Young, Deephaven City Administrator (or successor) Address: 20225 Cottagewood Road, Deephaven, MN 55331 Telephone: (952) 474-4755 Fax: (952) 474-1274 E-Mail: danayoung@mchsi.com 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. None of the parties may assign or transfer any rights or obligations under this Agreement without the prior consent of the other parties and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party’s right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, City and County. No other understanding regarding this Agreement, whether written or oral, may be used to bind the parties. 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of Shorewood and Deephaven. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, Shorewood’s and Deephaven’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and -5- MnDOT Contract No: 1027395 the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices Shorewood, Deephaven and the State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Shorewood and Deephaven under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by Shorewood, Deephaven or State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to Shorewood and Deephaven. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 14. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party’s reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -6- MnDOT Contract No: 1027395 CITY OF SHOREWOOD The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Mayor (pro tem) Date: April 10, 2017 By: Title: Administrator Date: April 10, 2017 -7- MnDOT Contract No: 1027395 CITY OF DEEPHAVEN DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, By: resolutions or ordinances. (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: (With delegated authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -8- CITY OF SHOREWOOD RESOLUTION IT IS RESOLVED that the City of Shorewood enter into MnDOT Agreement No. 1027395 with the City of Deephaven and the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by Shorewood to the State of Shorewood's share of the costs of the Traffic Control Signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 7 at Vine Hill Road within the corporate City limits under State Project No. 2706-221 (T.H. 7 = 012) and to participate in the power, maintenance and operation of said Traffic Control Signal. IT IS FURTHER RESOLVED that the ________Mayor (pro tem)__________________ and the (Title) _______Administrator___________ are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Shorewood at an authorized meeting held on the __10th____ day of __April_____________, 2017, as shown by the minutes of the meeting in my possession. ____________________________________ Subscribed and sworn to before me this (Signature) ________ day of _________________, 2017 ____________________________________ (Type or Print Name) Notary Public ________________________ ____________________________________ (Title) My Commission Expires _______________ CITY OF DEEPHAVEN RESOLUTION IT IS RESOLVED that the City of Deephaven enter into MnDOT Agreement No. 1027395 with the City of Shorewood and the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by Deephaven to the State of Deephaven's share of the costs of the Traffic Control Signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 7 at Vine Hill Road within the corporate City limits under State Project No. 2706-221 (T.H. 7 = 012) and to participate in the power, maintenance and operation of said Traffic Control Signal. IT IS FURTHER RESOLVED that the _______________________________________ and the (Title) _____________________________________ are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Deephaven at an authorized meeting held on the __________ day of ____________________, 2017, as shown by the minutes of the meeting in my possession. ____________________________________ Subscribed and sworn to before me this (Signature) ________ day of _________________, 2017 ____________________________________ (Type or Print Name) Notary Public ________________________ ____________________________________ (Title) My Commission Expires _______________ #5A and 8A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Berchild/Callies – Minor Subdivision/Combination and Vacation of Drainage and Utility Easements Meeting Date: 10 April 2017 Prepared by: Brad Nielsen Attachments: Planning Director’s Memorandum Draft Resolution – Proposed Division/Combination Draft Resolution – D & U Easement Vacation Policy Consideration: Should the City approve a minor subdivision and combination (lot line rearrangement) for Steven and Jessica Berchild, and vacation of drainage and utility easements associated therewith? Background: Steven and Jessica Berchild, 20435 Radisson Road, have arranged to purchase a small triangle of their neighbor’s property (see attached Planning Director’s Memorandum). As part of the division/combination, the old drainage and utility easements along the existing lot line will be vacated in exchange for new easements along the new common lot line. The Planning Commission voted unanimously to recommend approval of the division/combination, as well as the easement vacation. Resolutions to that effect are included herein for your consideration. A public hearing has been scheduled for Monday night to consider the easement vacation. Financial or Budget Considerations: None. The application fees cover the City’s expense in processing the request. Since there are no new lots being created, there are no park dedication fees or local sanitary sewer access charges. Options: Approve the division/combination and the easement vacation; approve the division/combination, but not the easement vacation; or deny the whole request. Recommendation / Action Requested: Staff recommends approval of the subdivision/combination and the easement vacation. The resolution approving the division/combination includes dedication of a new drainage and utility easement along the new common lot line. The correct order of approval would be the division/combination resolution first, then the vacation resolution. Next Steps and Timelines: The applicant has 30 days in which to record the two resolutions. Connection to Vision / Mission: Quality public services. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 �f 3. OF 5755 Country Club Road ® Shorewood, Minnesota 55331 •952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mn,us • cityha11@dshorewood.nm.us ci.shorewood,mn.us MEMORANDUM TO: FROM: DATE: RE: FILE NO.: BACKGROUND Planning Commission, Mayor and City Council Brad Nielsen 2 March 2017 Berchild - Callies — Minor Subdivision/Combination 405 (17.04) Steven and Jessica Berchild own the property at 20435 Radisson Road and Paula Callies and David Downs own the adjoining property at 20465 Radisson Road (see Site Location map — Exhibit A, attached). The Berchilds would like to build an addition at the rear of their home, but require additional space to locate it where they want it. Ms. Callies and Mr. Downs have agreed to sell them part of their property as shown on Exhibit B. They have applied for a minor subdivision and combination. Both of the subject parcels are zoned R -lA /S, Single - Family Residential /Shoreland. Both lots are occupied by the respective applicants' homes. Upon completions of the division and combination, the Berchild lot will contain 1.97 acres and the Callies/Downs lot will contain 1.2 acres. ANALYSIS/RECOMMENDATION The proposed division results in additional gerrymandering of an already irregular property line on the Berchild property. Ordinarily, this is not recommended. In this case, however, the land proposed to be conveyed actually relates better to the Berchild site than it does to the Callies /Downs property. The subject parcel to be conveyed sits much higher (20' +) than the Callies/Downs home site. Also, as can be seen on Exhibit C, the subject area appears to already be maintained by the Berchilds. The proposed division/combination involves vacating some existing drainage and utility easements along the current common boundary and creating new ones on the new lot line. The easements are all shown on Exhibit B. Vacation of the existing easements requires a public hearing, to be held by the City Council. A hearing has been scheduled for the 10 April Council meeting. It is recommended that the proposed division and combination be approved, along with the vacation of the existing easements and the creation of the new easements. It should be noted that the applicant has already Memorandum Re: Berchild- Callies Minor Division/Combination 2 March 2017 submitted the legal descriptions necessary for the resolution that will be recorded with Hennepin County. The division/combination and easement documents should be recorded within 30 days following Council approval of the request. Cc: Greg Lerud Tim Keane Steven Berchild -2- � dy ¢o� �y CD �O dz c r- O O .r O Subj ct Pro pertie: x/z y Selabso 2L/// Christmas Lake ray I ENO N A 0 250 500 1,000 Feet G Q hl dIIJ j, Ba i r a, K;i1i7s] Ol I L r I I M A - tt t1 -1 ;a;e0 Z900Y#asu9gr7 oaJ.wwao - - -'- ''D� 'S "O'S 9�- 9!• -Z� ono 3lned ZZ9E-&p -e L) XBd Oi� afgpa:/oayo :aeO N uAaeJ :ae S'OS - LI-LI -! 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S JOOJl fs7a Soa9) - *V 730,YYd y.� l ^IJ \I1 V V08d 03SOdOMd a o z \ J>o \ �? i / v Q.1 , 1 Y iH ✓ � go-get 0353 - - 90'9> - s8'K Yl Y9f zu -- C97& 60'959) A 9901 'saaw L6'9Y9 M.SF.90.00s asn°N 6ur)sx3 3 (non -/ n l n t i /-7 /-7 1 -/ n / n ^ .+ / --7 _r • r, • ,. i -i -7 ;-7 n l 1 salouap - - - -- l V lJl�l V V V f V l/•:C?_.�_J ��r �/ J l/C� a R I J I s ' J '� H O '� ;� � _ _ µ� r. rI ,�4 CITY OF SHOREWOOD RESOLUTION NO. _________ A RESOLUTION APPROVING A SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR BERCHILD AND CALLIES WHEREAS , Steven and Jessica Berchild and Paula Callies and David Downs (Applicants) are the owners of certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Berchilds propose to purchase a portion of the property owned by Callies and Downs; and WHEREAS , the Applicants have applied to the City for a subdivision and combination of said real properties into two parcels legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS , the subdivision and combination requested by the Applicants complies with the Shorewood Zoning Code; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real properties legally described in Exhibits A be divided into two parcels, legally described in Exhibit B, attached hereto and made a part hereof, subject to the Applicants recording drainage and utility easements described in Exhibit C, attached hereto and made a part hereof. 2. The City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. 3. The Applicant record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of April 2017. ATTEST: Scott Zerby, Mayor Greg Lerud, City Administrator EXISTING LEGAL DESCRIPTION - BERCHILD: Tract B, Registered Land Survey No. 1706, Hennepin County, Minnesota, according to the files of the Registrar of Titles. EXISTING LEGAL DESCRIPTION – CALLIES AND DOWNS: Lot 3, Block 1, Larson Estates, Hennepin County, Minnesota, according to the recorded plat thereof. Exhibit A PROPOSED LEGAL DESCRIPTION – BERCHILD Tract B, Registered Land Survey No. 1706, Hennepin County, Minnesota, according to the files of the Registrar of Titles. And That part of Lot 3, Block 1, Larson Estates, Hennepin County, Minnesota, according to the recorded plat thereof that lies Northeasterly of the following described line: Commencing at the Northeast corner of said Lot 3; thence Westerly along the North line of said Lot 3, a distance of 93.51 feet to the point of beginning of said line; thence deflect 147 degrees 47 minutes 16 seconds to the East line of said Lot 3 and said line there terminating. PROPOSED LEGAL DESCRIPTION – CALLIES AND DOWNS That part of Lot 3, Block 1, Larson Estates, Hennepin County, Minnesota, according to the recorded plat thereof that lies Southwesterly of the following described line: Commencing at the Northeast corner of said Lot 3; thence Westerly along the North line of said Lot 3, a distance of 93.51 feet to the point of beginning of said line; thence deflect 147 degrees 47 minutes 16 seconds to the East line of said Lot 3 and said line there terminating. Exhibit B PROPOSED DRAINAGE AND UTILITY EASEMENTS A 20.00 foot perpetual easement for drainage and utility purposes over, under and across Lot 3, Block 1, Larson Estates, Hennepin County, Minnesota, according to the recorded plat thereof. The centerline of said easement is described as follows: Commencing at the Northeast corner of said Lot 3; thence Westerly along the North line of said Lot 3, a distance of 93.51 feet to the point of beginning of said line; thence deflect 147 degrees 47 minutes 16 seconds to the East line of said Lot 3 and said line there terminating. The sidelines of said easement shall terminate at the North and East lines of said Lot 3. Exhibit C CITY OF SHOREWOOD RESOLUTION NO._______ RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS – BERCHILD/CALLIES LOT LINE REARRANGEMENT WHEREAS , Notice of Public Hearing on the proposed vacation of certain drainage and utility easements in the City of Shorewood, Hennepin County, Minnesota, was published in the . thrd Excelsior/Shorewood edition of the SUNSAILOR NEWSPAPER on the 16 and 23 days of thth March 2017 and in the LAKER NEWSPAPER on the 18 and 25 days of March 2017; and WHEREAS , said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS , the Council of the City of Shorewood heard all interested parties on the th question of vacation at a Public Hearing on the 10 day of April 2017, in the Council Chambers at the City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the drainage and utility easements described in Exhibit A, attached, be and hereby are vacated. BE IT FURTHER RESOLVED , the Applicants shall record this resolution contemporaneously with the resolution approving a minor subdivision and combination, dated 10 April 2017, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10 day of April 2017. SCOTT ZERBY, MAYOR ATTEST: GREG LERUD, CITY ADMINISTRATOR PROPOSED VACATED DRAINAGE AND UTILITY EASEMENT: That part of the drainage and utility easements on Lot 3, Block 1, LARSON ESTATES, Hennepin County, Minnesota, according to the recorded plat thereof, that lie Northeasterly of the following described line: Commencing at the Northeast corner of said Lot 3; thence Westerly along the North line of said Lot 3 a distance of 93.51 feet to the point of beginning of said line; thence deflect 147 degrees 47 minutes 16 seconds to the East line of said Lot 3 and said line there terminating. Exhibit A #5A and 8A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Berchild/Callies – Minor Subdivision/Combination and Vacation of Drainage and Utility Easements Meeting Date: 10 April 2017 Prepared by: Brad Nielsen Attachments: SEE ATTACHMENTS UNDER #5A Policy Consideration: Should the City approve a minor subdivision and combination (lot line rearrangement) for Steven and Jessica Berchild, and vacation of drainage and utility easements associated therewith? Background: Steven and Jessica Berchild, 20435 Radisson Road, have arranged to purchase a small triangle of their neighbor’s property (see attached Planning Director’s Memorandum). As part of the division/combination, the old drainage and utility easements along the existing lot line will be vacated in exchange for new easements along the new common lot line. The Planning Commission voted unanimously to recommend approval of the division/combination, as well as the easement vacation. Resolutions to that effect are included herein for your consideration. A public hearing has been scheduled for Monday night to consider the easement vacation. Financial or Budget Considerations: None. The application fees cover the City’s expense in processing the request. Since there are no new lots being created, there are no park dedication fees or local sanitary sewer access charges. Options: Approve the division/combination and the easement vacation; approve the division/combination, but not the easement vacation; or deny the whole request. Recommendation / Action Requested: Staff recommends approval of the subdivision/combination and the easement vacation. The resolution approving the division/combination includes dedication of a new drainage and utility easement along the new common lot line. The correct order of approval would be the division/combination resolution first, then the vacation resolution. Next Steps and Timelines: The applicant has 30 days in which to record the two resolutions. Connection to Vision / Mission: Quality public services. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 MEETING TYPE City of Shorewood Council Meeting Item Regular Title / Subject: 2017 MS4 Program Implementation Meeting Date: April 10, 2017 Prepared by: Larry Brown, Director of Public Works Reviewed by: Paul Hornby, City Engineer Attachments: Professional Services Agreement Policy Consideration: Should the City approve a professional service agreement for the MS4 Program Implementation? Background: MS4 stands for Municipal Separate Storm Sewer System. MS4 programs are mandated by the U.S. Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA) to reduce pollution from stormwater to sur groundwater. Municipalities with populations of 50,000 or greate and other public entities with significant stormwater drainage sms have been selected to have MS4 programs.The City of Shorewood is designated a mandatory small MS4 Municipality. The MS4 General Permit is designed to reduce the amount of sedim enters surface and ground water from storm sewer systems to the practicable. Stormwater discharges associated with MS4s are subject to regula National Pollutant Discharge Elimination System/State Disposal S Through the MS4 General Permit, the system owner or operator is required to develop a stormwater pollution prevention program (SWPPP) that incorporates best mana applicable to their MS4. The MS4 General Permit issued in 2006 addressed the new federal Discharge Elimination System (NPDES) stormwater regulations for small rules identified an iterative process for improved stormwater ma programs are strengthened with each five year permit cycle. This reissuance effort shifts from the initial focus on permit program de program implementation. WSB has prepared a professional services agreement to provide ad City for the 2017 permit program implementation. The professional services include: Mission Statement: The City of Shorewood is committed to providing residents qualita healthy environment, a variety of attractive amenities, a sustai management through effective, efficient, and visionary leadershi Page 1 SWPPP annual program management Provides assistance to city staff on a quarterly basis Annual report and annual meeting assistance Provides assistance with completion of the 2016 annual report and facilitation of the SWPPP meeting MS4 education implementation plan updates Provides support to city staff for organizing educational plan, support staff with articles and provides year end reporting of city compliance Staff training Provides for professional training of city staff primarily focused on good housekeeping practices. Pond delineations and updating of Storm Water Asset Management Program (aka SWAMP) which Provides SWAMP 2.0 updates and assists the city staff to prioritize pond inspection activities and MS4 inspection activities required forinlets and outlets, and MS4 outfalls for the coming year. Administrative review of costs by the city engineer - City Engineer will review all reports and other submitted information from the MS4 coordinator associated with the MS4 Program and Permit. The professional service agreement letter is enclosed to provide Coun information for the program tasks and requirements. Financial or Budget Considerations: This program is an unfunded mandate by the EPA. Having stated that, the funds for this have been budged for in the 2017 Stormwater Management Program, as shown in Attachment 2. The 2017 professional services are proposed on an hourly basis not to exceed $12,400. Options: 1.Approve the Professional Services agreement as presented 2.Direct staff to modify the professional services presented 3.Provide staff other direction 4.Take no action Recommendation / Action Requested: Staff recommends Council approver a motion to execute the professional service agreement with WSB as presented Building a legacy äÒ© legacy. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 March 9, 2017 Mr. Larry Brown, Public Works Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 2017 MS4 Program Implementation Request for Authorization to Provide Professional Services Dear Mr. Brown: This letter provided is a scope of continued services for MS4 pr the City of Shorewood Municipal Separate Storm Sewer System (MS4) General Permit. WSB & Associates, Inc. (WSB continues to work with the City of S their MS4 program. The costs associated with the MS4 program update in 2016 were o needed Moving forward, WSB is proposing to work with City staff to complete the work detailed below. This allie program remains in compliance in 2017. The tasks listed below are considered annual maintenance costs associated with the routine upkeep of a compliant MS4 prog Task 1: SWPPP Annual Program Management · 9·z·;7 C;;t År As part of this task, the WSB project manager will provide staff needed to support staff with the implementation of the updated S the MS4. The WSB project manager will check in wi the following items: Tasks for staff members to complete as part of the program imple Documentation requirements needed quarterly to ensure ongoing pe annual reporting to the MPCA Education requirements, needed quarterly to ensure ongoing permi Any updates from the Minnesota Pollution Control Agency (MPCA) a District Task 2: Annual Report & Annual Meeting 9·z·;7 C;;t Å r The MS4 permit requires the City of Shorewood to submit an annua th activities by June 30, 2017. WSB will assist City staff with the completion and submittal of the 2016 Annual Report. In addition, WSB will work with City staff to fa Equal Opportunity Employer wsbeng.com G:\Group Data\ECM\MS4\Proposals\2017\Shorewood\Scope for 2017 MS4 Services_Shorewood.docx Mr. Larry Brown March 9, 2017 Page 2 prepare the public notice materials. Finally, WSB will assist C public comments received. Task 3: MS4 Education Implementation Plan Updates 9·z·;7 C;;t Å r During the MS4 Program update in Year 1, City staff identified p and outreach initiatives. In addition to the priority topics, t develop an implementation plan for their MS4 education program t including measurable goals for each audience, specific activitie evaluation to show the extent to which the measurable goals for Furthermore, this task will include: Identifying target audiences and defining measurable goals for e Organizing a 12-month education implementation plan Developing additional materials that support the 12-month educat needed Identifying method(s) to evaluate the effectiveness of the educa are developed Annual summary of educational events/efforts for year-end report Task 4: Staff Training 9·z·;7 C;;t Å r The MS4 permit requires annual training of your municipal staff to communicate to all City staff how their role may be impacting stormwater. Development of a comprehensive training program is critical to the foundation of a compliant MS4 program. WSB will complete a training session for Public Works staff primarily focusing on municipal good housekeeping. An additional training will be provided to Engineering, Code Enf which will include information on illicit discharge detection an good housekeeping practices. In addition, we will provide materup sessions or seasonal employees commensurate with the requirement This training is critical to ensuring that the City of MS4 program is being implemented and being MS4 audit ready. Task 5: Pond Delineations and SWAMP 2.0 Data Updates 9·z·;7 C;;t Å r Further refinement of the City delineations is needed based on r This will help customize and update the SWAMP to reflect the con Shorewood. WSB has recently launched version 2.0 of the SWAMP. This versio Track, schedule, and budget small BMP inspection and maintenance Track, schedule, and record MS4 inlet and outlet inspections and visual pond inspections G:\Group Data\ECM\MS4\Proposals\2017\Shorewood\Scope for 2017 MS4 Services_Shorewood.docx Mr. Larry Brown March 9, 2017 Page 3 In order, to utilize the full functionality of the program, City data related to sm outlets, and MS4 outfalls will need to be collected, formatted, application. WSB will assist City staff to prioritize pond inspection activities and MS4 inspection activities required for small BMPs, MS4 inlets and outlets, and MS4 outfalls for the Task 6: Administrative Review Costs by City Engineer of MS4 Program (Estimated Fee: $1,200) The City Engineer will review all reports and other submitted information from the MS4 Coordinator associated with the MS4 Program and Permit. Cost This proposal represents our complete understanding of the MS4 r needed to complete the tasks associated with the MS4 program. The total cost for Tasks 1-6 as described above is $12,400. We appreciate the opportunity to share this proposal with you, and look forward to working with the City of Shorewood to efficiently maintain compliance with the MS4 permit. If you are in agreement with the scope of services and proposed fee, please sign in the appro to us. Should you have any questions about this proposal, please contac763-762-2854 or pjohnson@wsbeng.com Sincerely, WSB & Associates, Inc. Paul Johnson Environmental Compliance Specialist ACCEPTED BY: CITY OF SHOREWOOD, MINNESOTA The City of Shorewood hereby accepts the WSB proposal of $12,400 for the services outlined in this proposal. Signature: Name/Title: Date: G:\Group Data\ECM\MS4\Proposals\2017\Shorewood\Scope for 2017 MS4 Services_Shorewood.docx #10A MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Southshore Center – Request For Information (RFI) Meeting Date: April 10, 2017 Prepared by: Patrick Johnson and Greg Lerud Reviewed by: Attachments: RFI Policy Question: What is the best use of the Southshore Center? Background: The City of Shorewood became sole owners of the Southshore Center (SSC) early this year. The status and future of the SSC was a topic of discussion at the Council-Staff retreat and how the city can best make use of the facility going forward. Based on the discussion at that meeting, a Request For Information was prepared by Council member Johnson and Lerud to seek ideas from interested parties on how the SSC could best be used and improved to serve the city. A second related effort, to rebrand the Center, will be done as a separate process in coordination with the decision the council makes regarding proposals received through the RFI. Financial or Budget Considerations: There may be some nominal costs in disseminating this RFI to as many people, businesses, and organizations as possible, but we will use no or low cost avenues as much as possible. Possible outlets for distribution: Local Chamber of Commerce, Greater MSP, DEED, catering businesses, and restaurateurs. We have also had interest in some architectural firms who expressed interest in the Center. Staff is still researching additional methods to distribute the RFI. The goal is to receive proposals that give the council a wide variety of options that can be considered, or provide ideas not previously considered. Options: The council can approve the RFI, modify it, or reject it and proceed in a different way. Recommendation / Action Requested: It is recommended that the council modify the RFI as it needs to, and then distributes as previously outlined. Next Steps and Timeline: The RFI calls for an open house where interested parties could visit, tour, and ask questions about the SSC and RFI. The due date will be scheduled approximately 30 days from when the RIF is distributed, and the council would consider the submissions at one of the May meetings. 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 REQUEST FOR INFORMATION FOR CITY OF SHOREWOOD SOUTHSHORE COMMUNITY CENTER MANAGEMENT & IMPROVEMENTS Issued by: Shorewood City Council Issue Date: April 10, 2017 Response Date: May ___ , 2017 Purpose The purpose of the Request for Information (“RFI”) is to solicit an expression of interest from individuals, business, or organization(s) that can assist the City of Shorewood in operating the recently acquired Southshore Center (“Center”) in Shorewood. The Center was constructed in 1996 and it serves as a community center for the original five member cities (Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay.) The City of Shorewood acquired sole ownership of the Center and it provides a unique opportunity to re-envision the Center to increase its benefit to the City of Shorewood and the larger community. The City Council is asking interested parties to submit information about their qualifications, business acumen, and promotion experience. It is the Council’s expectation that respondent’s submissions will contain discussion about the Center’s merits and position in the marketplace. Most importantly, respondents should discuss how the Center’s usage and revenue could be increased through their ideas. It cannot be overstated that the City Council is encouraging respondents to think as creatively as possible without limitation on the present use or configuration, including its physical footprint. Respondents could include, but are not limited to: architects, hospitality operators, real estate developers, branding/PR firms, restaurateurs and non-profits or any combination and/or partnership. The City Council will use the responses received as the basis of their discussion about how to move forward in determining the future use of the Center. Obviously, this is a very open-ended request, but it is expected that the City will have individual discussions with feasible submissions. The next stage in re- envisioning the Center will be highly guided by this process and respondents of this RFI will be given preference in any future process. Information Requested from Respondents Respondents are expected to submit responses to the questions in Section III. Process The city has scheduled a pre-RFI submittal visit on April _____ , from 1 to 3:00, at which time respondents are invited to tour the facility and grounds so they can gain an appreciation of what the space has to offer. It will also allow potential respondents to have an opportunity to ask questions about the facility, requirements for the submittal, and clarifications. While attendance is not mandatory, it is strongly encouraged. It is anticipated that there will be an addendum to this initial RFI that will be generated based on questions raised during that time. After the deadline, city staff will review all responses to the RFI for completeness and forward to the city council for discussion and decision on how to proceed. All respondents will be notified of the council’s decision. SECTION II DESCRIPTION OF THE ORGANIZATION AND CENTER The City of Shorewood has a population of 7,400 and is located on the south shore of Lake Minnetonka. The city is primarily residential in character and the residents appreciate, and want to maintain, the small-town feel of the community. The Center was constructed in 1996 with assistance from a local senior association and the five cities. The senior association pledge to operate the facility for the benefit of the area cities, but the association disbanded several years ago. Due to a lack of involvement from the area cities in the operation of the Center, and the location of the Center in Shorewood, operation and maintenance fell to the City of Shorewood. Shorewood acquired sole ownership from the other cities in early 2017 with the intent on incorporating the Center into Badger Park and marketing it as a destination, as well as an asset that can supplement the amenities in Badger Park – which include an expanded parking lot, Lacrosse field, playground equipment. The Park and Center land is surrounded by a natural environment. The popular Lake Minnetonka LRT Regional Trail is nearby and there is sidewalk access between the trail and Badger Park. Some of the Center amenities include:  2690 square feet of event space for occupancy up to 299  990 square feet of classroom (sub dividable) space  520 square feet of board room or small meeting space  Full commercial kitchen The Center is showing some signs of datedness, but the city is ready to consider improvements to the Center to make it more marketable and attractive for events and meetings, and as sole owner of the facility, the city has the ability to infuse creativity into its future. The Council has not settled on a specific use of the Center, except that the current activity provides a good basis for stable revenue and usage and it is a place for residents of all ages to have the opportunity for affordable community fun, fitness, educational programs and more. But the council is open to considering other themes or amenities in order to broaden the rental base currently in place. Please see Attachment No. 1 for historical rental information and floor plan of the Center. SECTION III GENERAL REQUIREMENTS General Respondent Information Please submit information for the following items. 1.Description of the reason for your interest. 2.Brief history of your firm(s) -if applicable. 3.Brief description of past experience you have had in providing similar services. Please specifically identify any past/public experience. 4.Technical skills you or your firm(s) possesses that are integral in making the Center a success. 5.Discussion on the Center’s merits and position in the marketplace. 6.Discussion on the idea(s) to increase the Center’s benefit to the community and increased usage. Please include any suggestions for modification of the Center. 7.The relationship/partnership you see having with the city. (i.e., what role will the city play in this relationship? What will the shared responsibility be for the Center’s operation? Etc.). 8.Any other comments, observations or suggestions which may assist the Shorewood City Council in drafting a request for proposal. In the creative spirit mentioned in Section 1, responses do not have to follow in the order of the above format, but should include all of the above in the response. Please limit response to 30 pages excluding appendices. Standard Disclaimer The issuance of this RFI does not constitute a commitment to issue a request for bids/proposal, award a contract, or pay any costs incurred in preparation of a response to this RFI. Any information received in response to this RFI will assist the Shorewood City Council in finalizing the scope of work and requirements which may be used at a future date in the issuance of a Request for Proposals, or in guiding the City Council’s determination of what the best use is of the Center. Submitting a response to this RFI is not a guarantee in any way that a respondent will be selected for any subsequent RFP, nor does it preclude any individual, business, or organization from responding to a future RFP. As discussed in Section I, preference will be given to respondents of this RFI in a potential RFP process. X X Nov Dec 1 2 #10B MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Changing Account signers Meeting Date: April 10, 2017 Prepared by: Greg Lerud Attachments: Resolution Minnesota Cities are required to designate employees to conduct financial business on behalf of the city. With recent changes in staff, the Council needs to approve an updated list of who can make financial transactions on behalf of the city. The financial agents have all been contacted and notified of changes but some need evidence of formal approval by the City Council. The Resolution formally designates the individuals and details their authorizations and responsibilities. Recommendation / Action Requested: Staff recommends approval of the attached Resolution. Next Steps and Timeline: Staff will provide the updated Resolutions to the city’s bank and other financial companies the city does business with. 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 GRANTING AUTHORITY FOR CERTAIN AUTHORITIES FOR THE CITY OF SHOREWOOD WHEREAS , it has been the policy of the Shorewood City Council to make appointments to complete certain duties and responsibilities on behalf of the city of Shorewood, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the following city employees are able to initiate and complete deposits, electronic deposits, electronic transfers, and wire transactions on behalf of the City of Shorewood and in the course of transacting business for the City of Shorewood: Greg Lerud, City Administrator Michelle Nguyen, Senior Accountant Sandra Thone, City Clerk While any one of the above are authorized to make those transactions, one of the other two must countersign the transaction either before or as soon as practical after the transaction has been completed. BE IT FURTHER RESOLVED by the Shorewood City Council, that the following people are authorized to be signers on the City checking account(s), and that any combination of two of the named below must sign checks issued on behalf of the City of Shorewood: Scott Zerby, Mayor Greg Lerud, City Administrator Michelle Nguyen, Senior Accountant Sandra Thone, City Clerk This Resolution shall become effective upon passage. Adopted this ____ day of March, 2017. _____________________________ Debbie Siakel, Mayor Pro-Tem ATTEST ____________________________ Greg Lerud, City Administrator