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04-24-17 CC Reg Mtg Agenda
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY,APRIL 24,2017 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 Staff Retreat Minutes of February 24, 2017 Minutes B. City Council Special Meeting Minutes of April 10, 2017 Minutes C. City Council Regular Meeting Minutes of April 10, 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. Appoint City Clerk Sandie Thone as Data Practices Responsible Authority Resolution C. Approval of Summer Sailboat Race Series Request D. Approve hiring LEO for Public Works City Administrator memo E. Accept Bids and Consider Award—2017 Crack Fill and Sealcoat Engineer Memo Project, CP 17-01 Resolution 4. MATTERS FROM THE FLOOR (No Council Action will be taken) 5. PUBLIC HEARING A. Riviera Lane and Shorewood Lane Improvements, CP 17-04 6. REPORTS AND PRESENTATIONS A. Community Education& Tour de Tonka Tim Litfin, Director Community Education 7. PARKS CITY COUNCIL REGULAR MEETING AGENDA—April 24,2017 Page 2 A. Report by Ed Rock on the April 11, 2017 Park Commission meeting Minutes 8. PLANNING A. Report by Commissioner Bean on the 4 April 2017 Planning Commission meeting Minutes B. Approve Conditional Use Permit for Accessory Space in Excess of Planning Director's memo 1200 Square Feet Resolution Applicant: Joel and Lori Schuenke Location: 4485 Enchanted Point 9. ENGINEERING/PUBLIC WORKS A. Approve Professional Service Agreement—2017 Reclamation Project Director of Public Works Memo B. Approve Resolution Ordering Improvement and Preparation of Plans and— Engineer Memo Specifications - Riviera Lane and Shorewood Lane Improvements, CP 17-04 Resolution C. Mill Street Speed Discussion Director of Public Works Memo D. Approve Change Order No. 3 —2016 Trunk Watermain Improvements, Engineer Memo CP 16-04 Resolution E. Approve Work Order No. 4—Smithtown Road Sidewalk East Extension Engineer Memo CP 14-11 Resolution 10. GENERAL/NEW BUSINESS A. Staff and volunteer appreciation event City Administrator Memo B. Bond refunding City Administrator Memo Resolution& Agreements 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. 2. B. Mayor and City Council 12. ADJOURN 2A CITY OF SHOREWOOD 24150 SMITHTOWN RD CITY COUNCIL/STAFF RETREAT SOUTH LAKE PUBLIC SAFETY MONDAY, FEBRUARY 24,2017 FACILITY TRAINING ROOM Noon MINUTES Convene City Council/Staff Retreat Mayor Zerby called the meeting to order at 12:07 PM. Present: Mayor Zerby; Councilmembers Johnson, Labadie, Steel (by phone from about 1:25 P.M. to about 2:15), Sundberg, City Attorney Keane',City Administrator Lerud; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; City Engineer Hornby; Park and Recreation Coordinator Grout (departed at 12:55 P.M.); and, Communications Coordinator Moore (arrived about 1:30 P.M.) Absent: None Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 4/0. 1. SOUTHSHORE CENTER Administrator Lerud noted the City became the sole owner of the Southshore Community Center (SSC) late last year. The meeting packet contains a memorandum providing some background information, usage data, some budget information and rental rates for the Center. He noted that Park and Recreation Coordinator Grout was present to help answer any questions Council may have. Coordinator Grout explained the rental numbers do not include the Southshore Senior Programming (SSSP) programs or kitchen rentals. She highlighted some of the programs that were offered in 2016 including those offered,by SSSP:'The Dementia Caregivers Support Group meets once a month. The Three Rivers Park District(TRPD) hosts,a couple of programs at the SSC during the year. With regard to rentals, there is church that rents the Center on Sundays. Senior Alcoholics Anonymous rents on Sunday evenings. KICKS rents the Center twice a week. People rent the Center to have birthday parties and Christmas parties. There were three wedding receptions in 2016. Kitchen rentals are quite popular. Mayor Zerby asked what the typical attendance is for the SSSP programs. Coordinator Grout estimated the total attendance is about 64 people and about 20 per program. Councilmember Sundberg asked where attendees come from. Coordinator Grout stated largely from the surrounding area. But some come from the Cities of St. Louis Park, Mound, Chanhassen and Chaska. Mayor Zerby asked if SSSP still provides volunteers to work at the front desk. Coordinator Grout responded yes and noted SSSP pays the City about $600 monthly to use the facility during the day on weekdays Councilmember Johnson asked if there has been an increase in seniors' usage because of the new senior living facilities. Coordinator Grout stated there has not been. Johnson asked if the Oppidan facility and City Council/Staff Retreat Minutes February 24,2017 Page 2 of 14 The Waters of Excelsior facility will have their own program facilities or would the residents living there use the Center. Mayor Zerby stated he thought there are two classes of seniors; the old seniors and the new seniors. The old seniors did like to get together for dining and programs. The new seniors (Baby boomers) do not want get together with the old seniors and they want to remain active. The new seniors have more circles of friends. He does not think the usage will increase because of the new senior facilities that are being built. Councilmember Labadie suggested meeting with activity directors at the new senior facilities to find out if there is a way to come up with some new programs geared specifically for seniors. Councilmember Sundberg stated the TED talks have been well attended by'various age groups. Administrator Lerud noted the City has subsidized the Center in the amount,of about $70,000 annually. He stated he does not anticipate that the Center will ever be self-supporting. Councilmember Sundberg stated that based on her research community centers are not. Councilmember Labadie stated she thought young families,and children are overlooked when it comes to the Center. Most people think the Center is primarily for'.seniors. She thought if there were programs targeted for families and children they may draw a different group,of people. Mayor Zerby noted that some people still refer to the SSC as a senior center. There are also people who don't want to hang out at a senior center. Administrator Lerud highlighted the pros and cons of selling the Center. ➢ Pros • The City world not have to subsidize the Center's operations. • The tax exenipt,property could be put on the tax rolls. • The appraised value for insurance purposes is $1.2 million. Selling it could provide funds for other purposes. • Funds would not have to be spent on immediate improvements to the Center. • Could a private entity run it more efficiently? ➢ Cons • 'If it were marketed and operated properly it could be an asset to the City. • It could be politically unpopular to sell it. • Access and parking issues for the use of City property would have to be worked out. • The City would have little or no control over the schedule or fees. • There would be a loss of the SSSP revenue of$600 per month and seven hours per day of staffing. The City could operate the Center independently or with a partner. Some outside assistance would be needed to help evaluate that upfront or on an ongoing basis. The outside assistance could be as an executive director or a service hired to perform specified functions. The pros and cons of operating the Center independently are as follows. ➢ Pros City Council/Staff Retreat Minutes February 24,2017 Page 3 of 14 • The City would have 100 percent control of the Center. • The City could be very responsive to the community wants and needs for the use of the facility. ➢ Cons • The City assumes 100 percent of the risk and expense. • There is a need for $75,000 in improvements that are largely cosmetic to the Center. • There would be higher personnel costs. • If the facility fails to attract new business the City would have to continue to subsidize the operations for about$70,000 annually. Mayor Zerby explained an option for rebranding — The Woods Community and Event Center. The comment that the Center is nestled in the woods comes up frequently. He created the logo on an internet site. It has waves under the words "The Woods". He expressed his desire to rename the Center and freshen it up and market it as an event center and a community center. " Councilmember Labadie suggested opening up the rebranding as a contest. She asked if the City has approached Minnetonka Community Education (MCE) Executive Director Tim Litfin about using the Center for NICE programs. Mayor Zerby explained Director. Litfin views the Center as a competitor because the Center started to offer general education programs.�.MCE had been asked to operate the Center once but NICE thought the Center was not large enough. Councilmember Sundberg noted she does not consider selling the Center�an option. It is a valuable asset to the City and the City would not be able to sell it for close to $1.2 million. She thought it was the City's responsibility to keep it operating. Sundberg stated she likes Mayor Zerby's rebranding option. She also liked Councilmember Labadie's suggestion to engage the community. Mayor Zerby stated he would like to expand the usage of the Center and hire a professional director to run it. He commented that he had thought about putting a cafe outside of the Center and connecting it to Badger Park. He commented he was,inspired when he went to the curling rink and community center in Chaska. It is a destination soot for people to hang out at. The curling rink is operated in partnership with a food and beverage establishment. He would like the Center to be a destination spot and tie it to the Park. He mentioned a number of ideas. Councilmember Sundberg stated she would like the Center and the Park to be more integrated. She noted she thought there is,a need for professional input. Administrator Lerud stated there are consultants who could help the City do a market analysis and who could take the Council's vision and determine if the facility could provide what is needed. Mayor Zerby stated he thought a business plan is what is needed. The City could send out,a request for proposals (RFP) from an operator. Lerud asked if that means they would be in the driver's seat instead of the City. It would be up to Council to decide if what is recommended satisfies Council's desires. Mayor Zerby noted that he was not interested in making it a for profit center. The goal is to make the highest and best use of the land and the facility. He thought there should be an RFP for an operator/director position. Councilmember Sundberg noted she wanted to keep it broader than that; she wanted a pure consultant to develop a business approach. Zerby noted that had been done in the past for the City. City Council/Staff Retreat Minutes February 24,2017 Page 4 of 14 Attorney Keane stated a capital expenditure analysis for the Center had been done a few years ago. He asked if Council wants to create a fund for future capital needs such as roof replacement and heating/ventilation/air conditioning improvements. Those needs will have to be addressed in the next 5 — 7 years. Councilmember Sundberg stated there may be grants that the City could apply for. The county has environmental grants it gives to communities. Councilmember Labadie stated she likes the idea of soliciting RFPs from individuals or companies. She is not sure she wants an operator but she would like to hear their perspectives and to find out what it would cost for their services. She thought turning over operations could potentially,be expensive. Councilmember Johnson asked if the public should be told that the City is going to solicit RFPs before it does so. Councilmember Sundberg asked if it is time to do a resident survey and solicit input.,on this issue and others. Councilmember Johnson stated the information from a survey could be included in the RFP. Mayor Zerby stated the City has done surveys in the past. The correct wording of questions can be a challenge sometimes. Councilmember Sundberg stated she thought the last survey was,very helpful. From it she learned that Shorewood residents appeared to be interested in environmental issues.„ Mayor Zerby expressed he was growing impatient because nothing has been done with the Center. Waiting to do a survey will push things,out another year, Councilmember Labadie stated she thought a survey could be done at the same time the City seeks RFPs. She does not want the survey to be just yes/no°questions or select a/b. Mayor Zerby stated the City, has to be prepared to address the answers from a survey. If residents are asked about what other senior programs it would like to have offered the City has to be prepared to offer them. Currently SSSP offers most of the programming so it would have to be part of the discussion. Councilmember Johnson stated pit's been a long time since the City has done anything to the Center. He then stated he thought the residents would like to see increased use of the Center in order to justify its existence. He expressed,conccrn about the ability to get to the Center on foot; there is not a good way to get across Country Club Road. He would like to have a connection from the Smithtown Road trail. He expressed his support for holding off on doing a survey until after the City has done a preliminary RFI (request for information) as opposed to an RFP. Depending on the results of the RFI the City could then decide if it wants to do a survey. Councilmember Sundberg noted she does not think doing a survey should slow the process down. Councilmember Labadie concurred. Sundberg stated she supports offering residents the opportunity to get involved even though most do not want to get involved. City Council/Staff Retreat Minutes February 24,2017 Page 5 of 14 Councilmember Johnson stated he likes the idea of doing an RFI or RFP at the same time as having a public rebranding contest. He then stated a rebranding is only as good as the full plan behind it. There was ensuing discussion about rebranding the Center and about how to get residents involved in a rebranding contest. Mayor Zerby displayed and explained a rebranding graphic he created. He also highlighted some of the improvements (lighting, replacement of ceiling tiles, and lobby enhancements) that need to be made to the Center base on what Council saw when it toured the Center on February 13„ 2017; improvements that would not be tied to the rebranding. Park and Recreation Coordinator Grout departed the retreat at 12:55 P.M.:. - 2. STREET CAPITAL IMPROVEMENT PROGRAM AND PASER EVALUATION Director Brown explained each fall after the vast majority of patching has been done and sealcoating is complete he and some Public Works personnel go out and rate roadways based on the PASER(Pavement Surface Evaluation and Rating) System rating of 1 to,16,, noting the System was developed by engineers at the University of Wisconsin. He displayed a graphic which showed it costs less to regularly maintain roadways then it does to let them seriously deteriorate and than resolve the issues. The City's goal is to maintain its investment in its roadways, minimize the issues of liability again while providing roadway surface conditions that drivers find acceptable. Historically the City has tried to keep its roadways at a level 4 or higher. The meeting packet contains, a copy of a list ',of 20 16 pavement ratings and recommended action for each of the City's roadways. There are 12 roadways that have a PASER rating less than 4. He noted that one—fifth of the Ciky's,roadways are sealcoated each year. An attempt is made to do that in groups of roadways to minimize the impact on residents. He explained seal coating involves applying oil and rock to roadways; It helm to maintain the life of the pavement. Bituminous overlay involves grinding down the edge of the pavement in order to match driveways and then placing a new 1.5 —2 inch asphalt surface down. Reclaiming a roadway,has become quite popular over the last 15 years. It involves grinding up the existing asphalt and the rock,below it, mixing it up to make a new stronger rock base, putting that new mixture down and packing it down, and then putting a new asphalt surface over it. There must be a good underlying foundation soils in order-to ado reclamation. If the foundation soils are poor it a may necessitate reconstruction. The standards,for roadways have evolved over the years. The soils under roadways constructed in the 1970s when sanitary sewer was installed are likely poorer than those under roadways constructed in the 1980s,� and later because they are likely on two feet of sand. He estimated that about 60 percent of the roadways are on poor soils. Mayor Zerby asked if roadways can be constructed to different standards at different price points. Director Brown stated the choices are limited from a financial perspective. Some cities would consider having 2 feet of soil under the pavement structure, which the City has in some places, as extravagant. That soil base has more to do with frost than with traffic volume. Engineer Hornby stated that communities that have frost susceptible soils require a 2-foot soil base. Zerby stated the City has heard from residents in the past that they thought the 1980s standards were fine. They question why their roadways need to be torn up. Director Brown state people living in the western part of Shorewood west of Marsh Point questioned the need for curb and gutter. As the demographics change so does that perspective. City Council/Staff Retreat Minutes February 24,2017 Page 6 of 14 Director Brown explained the City implemented the use of a Pavement Restoration Flowchart a number of years ago to guide the management of the City's pavement inventory. If a roadway is rated a 4 or higher it is maintained through periodic maintenance (i.e.; sealcoating and overlays). He highlighted the decision points in the Flowchart. Mayor Zerby suggested giving residents a 2 —3 years of advance warning of when the roadways in their neighborhood would be improved. Engineer Hornby explained there were five roadways slated for the 2017 Mill and Overlay Project. Staff decided to have coring samples taken of those pavements prior to performing the design for the mill and overlay. The 15 samples provided a good indication of the condition of the pavements. Unfortunately, the samples indicated that the pavement had deteriorated to a point where a mill and overlay would not be appropriate. The pavement management specialist indicated the pavement would just come apart if it was milled. Overlaying the pavement would be a temporary fix because in 3 —7 years the roadways would be in the same condition as they currently are. The roadway surfaces could be reclaimed to give the pavements another lifecycle. The specialist suggested all 5 roadways be reclaimed. Reclamation costs more than a mill and overlay but not as much as reconstruction. Director Brown noted that the coring technology is relatively new. Staff has decided to take core samples for those roadways included in the Capital Improvement Program(CIP) for the next five years. Councilmember Sundberg asked when Eureka Road North is scheduled for improvement. Director DeJong stated it is scheduled for a mill and overlay in 2019. Director.Brown anticipates that it would have to be reclaimed because at the low point in the roadway there is a wetland on both sides of the roadway. There is a culvert that is basically an equalization pipe. The flow of it is governed by the low point in Lake Minnetonka near Crescent Beach. Until the Lake level drops the roadway may flood. Engineer Hornby noted that a lot of,the sanitary sewer line was putt in in 1969 — 1972 in the main part of the City. The life of those roadways constructed when the line was put in is approaching 50 years. Mayor Zerby noted that the PASER ratings for 4 of the 52O 17 roadways are higher than 4. He asked why the coring process was implemented for 2017. Director Brown clarified that the PASER System is a surface rating system. He stated the City has 'done a good job maintaining roadway surfaces; the ratings are accurate. The coringprocess allows the City to gain a better understanding of what lies below the surface;He then stated that staff intends to incorporate the coring technique into the prediction system. Director Brown explained that the creators of the PASER System believed that once a roadway is sealcoated the rating should be brought up to a 10 (the rating for new pavement). Staff has instead chosen to bring it up to a 7. Councilmember Siakel joined the discussion by phone at about 1:25 P.M. Councilmember Sundberg asked why the improvements to Eureka Road North are not a higher priority. Engineer Hornby clarified the PASER System does not take flooding into account. Sundberg stated repeated flooding should be factored in to prioritizing improvements. The same is true for traffic volume. Director Brown stated volume is indirectly accounted for in the rating system. Hornby explained Eureka Road North had been classified as a Minnesota State Aid (MSA) roadway at one time. After deciding that it would not be reconstructed to MSA standards the classification was changed. He then stated that the type of vehicles more than the volume of vehicles impact a roadway surface. City Council/Staff Retreat Minutes February 24,2017 Page 7 of 14 There was ensuing discussion about how to make the Flowchart more accurate and to include a step for taking and evaluating core samples for roadways scheduled to be overlaid. Engineer Hornby noted that the pavement specialists decide where to take core samples from. He does that so he does not influence their thoughts. Director Brown stated they take random samples. Hornby explained samples are taken every 300—500 feet. Councilmember Labadie asked why some roadways that are rated quite poorly are not in the 2017 CIP. Director Brown explained that for many of them there was resident pushback. That happened for Star Lane and Star Circle as well as well as for Valleywood Lane and Sunnyvale Lane, Director Brown explained that maintaining roadways is more cast effective than doing the worst roadways fist. When a roadway deteriorates to a certain point it makes more sense to let them deteriorate further before reconstructing them. Councilmember Labadie asked at what point resident pushback overrides the City's,policy. She also asked when Council gets to set the priorities. Director Brown responded during CIP discussions. Mayor Zerby stated he has heard from some residents along Amlee Road that they would like their roadway repaired. When it was last scheduled for repairs residents,pushed back on the proposed work. He asked when they it is scheduled to be reconsidered. Councilmember Sundberg stated if there is resident resistance to improve,a neighborhood roadway she thought the City should acknowledge that resistance and not improve the'road. But, if a roadway is used more broadly then the local resident resistance should not be the deciding factor. Director Brown stated staff bases its,recommendations on technical analysis. It is up to Council if it wants to defer roadway improvements. Engineer Hornby explained there have been some projects where there were difficult public information meetings. Mayor Zerby stated doing the coring in advance will give the City an opportunity to provide residents with additional justification for why it heeds to make improvements to roadways. Engineer Hornby noted that coring samples would be taken 3 —5 years before a roadway is slated for a mill and overlay. Director Brown stated the current policy is if a roadway's rating drops below 4 the City will consider serious improvements. A rating of 4 may not be the right trigger point. Councilmember Siakel stated she does like to have technical data to help guide decision making. She noted supports continuing to use the PASER rating system and using the Pavement Restoration Flowchart to guide decision making about pavement management. She stated the City has deviated from doing that in the past. In the past some property owners have resisted roadway improvements because watermain would have been installed and assessed. She suggested guidelines be put in place to help guide the decision making process regarding deviations. Councilmember Labadie asked if staff anticipates that most of the higher rated roadways will end up with a lower rating once core samples are taken and evaluated. Director Brown responded yes. Engineer Hornby stated that is in large part because the roadways were constructed when the sewer went in in the City Council/Staff Retreat Minutes February 24,2017 Page 8 of 14 late 1960s and early 1970s. Labadie asked if the 5 roadways in the original 2017 CIP constructed about that time. Brown responded yes. Director DeJong noted that core samples were also taken for the roadways out on the Islands and the results indicate a mill and overlay of them would not be adequate. He explained if the original 5 roadways in the 2017 CIP and the Island roadways were to be reclaimed in 2017 it would increase the cost by $750,000 over the approved 2017 Street Reconstruction CIP. Of that increase amount $475,000 would be for the 5 roadways in the original CIP and $275,000 for the roadways on the Islands. The 2018 CIP includes two reconstructions and one mill and overlay. The 2019 CIP includes six mill and overlays. The 2020 CIP includes four mill and overlays. The 2021 CIP includes three reconstructions (Glen Road East, Amlee Road and Manitou Lane) and three mill and overlays. The 2022 CIP includes five mill and overlays. The 2023 CIP includes one reconstruction and one mill and overlay. The Island roadways were originally scheduled for mill and overlay in 2024. There will be an,anticipated $2.3 million shortfall (in present day dollars)in the Street Reconstruction Fund by 2024. Councilmember Johnson asked what the cost for taking core samples is. Engineer Hornby stated it was about$1,500 for Howards Point Road. Councilmember Labadie asked why Shady Island Trail went to reclamation from a reconstruction. Engineer Hornby stated because of the water table on the Islands,a reconstruction would not be the best thing to do. Engineer Hornby explained that once the core samples came back fors the 2017 roadway projects he stopped the mill and overlay project for 2017 until Council decides what it wants to do. He asked if Council wants to adhere to improving the roadways in the years they were slated in the original Street Reconstruction CIP or does it want to advance the Island roadways to 2017. Councilmember Sundberg suggested delaying answering that gUestion after there have been ft ture budget discussions. Director Nielsen asked why the cost swings would be by doing the Island roadways at the same time the City of Minnetrista makes improvements to its portion of Enchanted Lane. Engineer Hornby stated he does not know the exact amo-int: He explained there would be some savings on indirect costs because there would be one play and one spec. When volume (material, labor, and equipment) is added to a project the cost comes down. When everything is factored in the savings would be about 10 percent on the construction costs (or about $75,000); Councilmember Johnson stated there would also be a reduced burden on the residents because they would only have to endure the impact of roadway work one time. Engineer Homby, noted the City has not held informational meetings on the Island roadway improvements yet.:.. Mayor Zerby recessed the meeting at 2:12 P.M. The connection with Councilmember Siakel was lost some time during the break. Mayor Zerby reconvened the meeting at 2:30 P.M. 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 improvement, and advantages and disadvantages for each. Council discussed the City Council/Staff Retreat Minutes February 24,2017 Page 9 of 14 documents during its February 13, 2017, meeting. He clarified the engineers did not do anything other than listen to Committee members and put their concepts on paper. He stated there are some lower cost items that could be incorporated into the CIP. In response to a comment from Mayor Zerby, Engineer Hornby explained the City could do a traffic destination study. That would involve trying an application on a temporary basis to see what the impact would be on traffic patterns. For example, there was discussion about trying to discourage the use of the left hand turn out of the CUB Foods parking lot on the east. The Committee had discussed if its goal was to accommodate the current traffic on Country Club Road or did it want the traffic to be redirected. The impact of redirecting traffic could be studied by prohibiting a left hand turn off of Smithtown Road onto Country Club Road by putting a barrier there. During its last few meetings it was clear the Committee wanted more enforcement along the corridor to try and reduce bad habits'. That was the number one thing the Committee wanted done along that corridor. There were varying views about improving the corridor to accommodate traffic; some members wanted that and others did not. Councilmember Sundberg stated Council would have to decide it wants to meet the needs of those immediately impacted or the greater population. Engineer Hornby stated staff discussed the problems staff would have getting to City Hall'if a southbound access to Country Club Road was closed off. Councilmember Sundberg suggested it would make sense to hold off on making any changes to Country Club Road until the Minnetonka Country Club (MCC) development project is done. Engineer Hornby noted that he has not observed heavy construction vehicles traveling on the corridor to the project site. Mayor Zerby stated there are two issues; one is reducing the traffic volume and the other is safety. He noted he like the idea of testing various ideas by doing? a traffic destination study. He suggested tightening up the corners along the corridor on a temporary basis with the use of temporary vertical pylons or some other device. Councilmember Sundberg questioned the Viability of having a roundabout at the north end of Country Club Road at Smithtown Road because the location is tight. Engineer Hornby stated he does not think a roundabout, work because drivers would stack up in the roundabout. He explained there could be a tied signal installed that would control'Country Club Road and Smithtown Road traffic and have it synchronized with the light on Country Road 19 at Smithtown Road. Councilmember Sundberg agreed with Engineer Hornby that the low budget items could be done noting some of them could be quite impactful from a safety perspective. She stated during the CIP discussion she suggested the Country,Club Road improvements be prioritized along with other projects. Engineer Hornby stated roundabouts can be very helpful when used in the right place and under the right conditions. Councilmember Johnson noted that MnDOT's signage for using roundabouts is not very clear. Councilmember Labadie noted the Smithtown Road/ Country Club Road/ Country Road 19 intersection is substandard. She asked if any of the improvement estimates include the cost of land acquisition. Engineer Hornby responded no. City Council/Staff Retreat Minutes February 24,2017 Page 10 of 14 Engineer Hornby noted he thought Smithtown Road could be reconfigured in order to accommodate two eastbound lanes when approaching the intersection with Country Road 19. That may not be needed if there was a coordinated signal at Smithtown Road and County Road 19. Councilmember Sundberg stated she was not convinced that limiting cut thru traffic along the corridor route should be the goal. Engineer Hornby explained the corridor is a public roadway. The City is providing a transportation network. That corridor should be modified to meet the traffic need. Director Brown agreed that the City has a responsibility to provide a traffic network and to accommodate that route. She suggested her preference to shift priorities for roadway improvements and focus on the corridor route because of the current traffic volume and the projected increase. Mayor Zerby stated the City's challenge for its roadways is load balancing. If the City makes it too difficult to go south on Country Club Road drivers will so south obi Minnetonka drive. He clarified there are issues along that corridor route. Director Nielsen stated the Comprehensive Plan includes a,Transportation Plan that states there needs to be a way to get from a local street to a collector roadway and from a collector to an arterial roadway. They must be spaced according to standards. He cautioned,Council and staff against using the phrase cut thru. Engineer Hornby asked Council how it would like him to move this,forward. Councilmember Sundberg asked when Council is going to revisit the Street Reconstruction CIP again. Hornby noted that he and Director Brown have discussed whether or not the City should use a different rating system for roadways. Sundberg stated she did not think that is needed. But, she does think there is a need to factor in other things. Mayor Zerby stated he thought now would be a good time to do a traffic destination study. He then stated Council needs to figure out how to fund all of the proposed street improvement projects. Councilmember Sundberg concurred. Engineer Hornby stated most roadways are designed to state standards for vertical and horizontal curves and speeds. He then stated Country Club Road has a lot of character and challenges to overcome. Councilmember Sundberg suggested taking roundabouts off of the table. Councilmember Johnson asked It there is a way to test the effectiveness of a synchronized signal light at the intersection of Country ClubRoad and Smithtown Road. Engineer Hornby stated a temporary signal could be set up. Director Brown stated staff could solicit a proposal for doing that. Johnson stated he would like that to be added to the list of temporary things to do. If that works then roundabouts could be taken off of the table. Councilmember Labadie asked if a temporary signal is enforceable. Hornby stated once it is in it is a traffic control issue. Engineer Hornby stated staff will work out the details for a temporary signal. 3. ASSESSMENTS/FRANCHISE FEES Administrator Lerud stated there is already a $2.3 million dollar shortfall in funding for existing projects. That does not include potential increased cost based on the findings from core samples or implementing some of the recommendations made by the Traffic Committee. There are a few of options for funding. One is increasing the property tax. Another is assessments. A third is franchise fees. City Council/Staff Retreat Minutes February 24,2017 Page 11 of 14 Director DeJong explained a chart for 2017 — 2024 which showed the cost for street reconstruction projects and what the City could collect in assessments for 20 percent, 30 percent, 40 percent, and 50 percent of the reconstruction costs for that time period. Assessments would be a significant change from the way things are now. The assessments could be paid off over time. He noted that the transfer into the Street Reconstruction Fund increases by $15,000 each year. The 2017 transfer in amount is $770,000. In 2024 the transfer in amount is $875,000. That still results in a funding gap. To close that gap would require a significant increase in the transfer in amount. Administrator Lerud stated another potential funding source could be franchise.fees. The money would come from the residents. The City does not currently have a franchise agreement with either Xcel Energy or CenterPoint Energy. Pros of franchise fees ➢ Fees are collected from properties that do not pay taxes but use the streets. ➢ Similar properties pay the same amount regardleg of value. ➢ Allows customers to pay monthly rather than twice a year. ➢ The franchise fee would go toward streets. Cons of franchise fees ➢ The fees may be viewed as a hidden tax. ➢ Franchise fees are collected by a utility company. There are currently 3,145 Xcel Energy connections,in Shorewood and 93 percent of them are residential. For illustration purposes, a $I-Ocr month meter charge would generate $37,608 annually. There are currently 2,866 CenterPoint Energy connections in Shorewood with the vast majority being residential. For illustration purposes,a$1 per month meter charge would generate about $34,400 annually. If the per- month charge were $3.00 for each utility that would generate about$220,000 annually. He noted there was',legislation introduced into the Mouse that would require a referendum vote in the community to implement a franchise fee. Councilember Sundberg she likes the idea because it would spread the burden. Administrator Lerud noted the City already contributes about$800,000 in taxes through transfers. Councilmember Sundberg stated if the City moved forward with a fee she asked that it be very transparent. She then stated,she would hate to impose significant assessments on properties in order to do some of the upcoming roadway improvement projects. Attorney Keane stated the purpose of the franchise fee is to avoid hefty assessments. Communications Coordinator Moore noted the City had a $1 franchise fee at one time but she does not remember what it was for. Mayor Zerby asked how long it would take to implement a franchise fee. City Council/Staff Retreat Minutes February 24,2017 Page 12 of 14 Administrator Lerud explained the first thing that has to be worked out is the franchise agreement with the utility companies. Attorney Keane stated that the City is currently operating outside of its franchise agreement with Xcel Energy. That needs to be revived. In response to a question from Councilmember Labadie, Administrator Lerud explained the amount of the franchise fee can be set for each type of connection. He reiterated that 93 percent of the connections in Shorewood are residential for Xcel Energy. The fee for within each connection category would have to be the same for the same types of service. Fees could be different for different typed of meter connections. Mayor Zerby stated if the fee were to be $5 per utility per meter the Cty,could collect about $360,000 annually. He thought collecting a fee to help pay for roadway improvements would be more fair than assessments. There was Council consensus to move forward with franchise agreements. Director Brown clarified that when a fee is established by a city the utility company makes,that very clear on the utility bill. Councilmember Johnson noted that the Cities of Deephaven, Excelsior and Minnetonka have a $2.50 franchise fee per residential connection. 4. ORGANIZED WASTE HAULING Administrator Lerud stated he has heard from more than one member of Council that they would like to consider organized waste hauling. The meeting packet contained,background information about that. He said there is a question of if it has to'be all or nothing or can it be a hybrid. Attorney Keane explained the City could take a hybrid approach, the entire City could be organized or the City could be organized by area. One city he knows of took the licensed haulers and the percent of the community they each served arid,tried to approximate for a post organized situation assigning them an area that Would contain approximately the same number of residential customers each had before converting to organized hauling. Every customer in a hauler's assigned area would use the same hauler. State Statute requires there be a study period. He suggested Council discuss options for and benefits of organized hauling in a work session. Mayor Zerby stated he would prefer there to be fewer haulers. The City currently has five licensed haulers. He asked, for example,if there would be a way to reduce the number to three. Director Nielsen explained that years ago the City did that type of study and one of the recommendations that came out of the study was to divide the City into quadrants and let each of the various haulers bid on providing service to one or more quadrants. Administrator Lerud stated the City could require a hauler to have a minimum number of customers. Councilmember Sundberg asked if there is any sense for how residents feel. She explained she went to a League of Minnesota (LMC) meeting a few years ago and she was amazed at how many people in attendance were committed to being able to select their hauler. Attorney Keane stated he thought that was a surrogate for anti-government. Sundberg stated the City has an obligation to look into reducing the City Council/Staff Retreat Minutes February 24,2017 Page 13 of 14 number of haulers because of the wear and tear they contribute on the City's roadways. Councilmember Labadie state all five haulers pick up along the roadway in her neighborhood. Mayor Zerby stated he tried to get organized hauling in his neighborhood but to no avail. He thought it would be a good first step to reduce the number of haulers to three. Councilmember Labadie departed the meeting at 3:30 P.M. There was consensus to have a work session to discuss at a minimum reducing the number of haulers. Councilmember Johnson stated that during the work session he would like to discuss the pros and cons of organized hauling and open hauling. Communications Coordinator Moore explained that she called some of the cities that recently considered converting to organized hauling and learned that they were getting less pushback,from the community than they had several years ago. Haulers hire lobbyists and groups to come out and try to convince residents that organized hauling was a bad idea. Council needs to be ready for that. She noted that some of the City's haulers are not against a zoned approach to organized hauling. Councilmember Sundberg stated she thought it would be difficult to organize survey questions around organized hauling. Communications Coordinator Moore stated Hennepin County can provide a Jot of information that will help with the consideration of organized hauling. 5. RENEWABLE ENERGY Engineer Hornby stated to City's Renewable Energy Implementation Plan was updated to include items staff and Council had previously discussed and eliminate others. Items were broken out by year rather than just, for example, shot-term. An introduction and definitions were also added. In 2017 there are more items included than in any other, year. He noted that Councilmember Sundberg and Communications,,Coordinator Moore are working with Xcel Energy and on the Partners in Energy Program. The change out to LED lighting is in progress. There were a number of planning and zoning items that were discussed as part of the'Minnetonka Country Club (MCC) project. An energy efficiency audit wi 11,bc done by Xcel Energy to determine what is and is not working well. For 2018 —2020 there are items included to make modifications to the City-owned buildings to improve energy efficiencies but costs are not included. Most of the items listed in the Plan require staff time only. Councilmember Sundberg stated she supports all of the items included in the Plan as well as the timeline. Engineer Hornby explained that the consultant who put the Plan together had an item for fuel efficiency for larger fleet vehicles That was removed from the Plan because there is not a supplier for them. He questioned if hybrid vehicles for smaller vehicles should be considered. On-site solar installation was pushed out because of cost. Councilmember Sundberg asked that the Green Step Cities Program should be refreshed in 2017. Communications Coordinator Moore stated she had provided Director Nielsen with items to add to the City's plan. Engineer Hornby stated staff can bring this Plan back to Council for formal adoption. City Council/Staff Retreat Minutes February 24,2017 Page 14 of 14 Mayor Zerby stated he agrees with what has been presented. Councilmember Sundberg stated the Partners and Energy Program has just started. She noted she was unsure of where it would go. Communications Coordinator Moore stated the first meeting is scheduled for March. There are 15 participants who volunteered to be on the initial committee. The initial meeting is going to be about following the guidelines Xcel has worked on with other communities. Xcel already has a list of ideas for cities. Engineer Hornby stated people don't always relate low volume toilets or low volume shower heads to energy. Communications Coordinator Moore stated if the City has a plan i1 can apply for a grant that would allow it to offer additional rebates to residents who purchase Energy Star appliances,,for example. Other Mayor Zerby provided Council on an email he just received from a Mattamy Homo representative regarding it sale of all of its Minnesota assets including the Minnetonka Country Club site: In summary it was selling the bulk of its Minnesota assets to a combination of CdlAtlantic and MI Homes. Employees at its Minnesota developments will be terminated between April�27 and December 31. None of the employees are represented by a union. He stated,he wants assurances that any promises Mattamy made to the City will be transferred to the new owners.' Attorney Keane clarified that CalAtlantic is Ryland Homes,'a reputable builder in the Twin Cities market for a long time. Mayor Zerby noted Matt by Homes owes the City $148,000. Councilmember Sundberg and.Mayor Zerby thanked Administrator Lerud for his preparation for this retreat. 6. ADJOURN Johnson moved, Sundberg seconded,Adjourning the February 24, 2017, Council and Staff Retreat at 3:45 P.M:Motion passed 310. RESPECTFULLY SUBMITTED, Christine Freeman Scott Zerby, Mayor ATTEST: Greg Lerud, City Administrator 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING LARGE CONFERENCE RM MONDAY,APRIL 10, 2017 6:00 P.M. MINUTES 1. CONVENE SPECIAL CITY COUNCIL MEETING Acting Mayor Siakel called the meeting to order at 6:16 P.M. A. Roll Call Present: Acting Mayor Siakel; Councilmembers Johnson, Labadie, and Sundberg; Attorney Keane (departed the meeting at 6:50 P.M.); and, Administrator Lerud (departed the meeting at 6:50 P.M.) Absent: Mayor Zerby 2. INTERVIEW CANDIDATE FOR CONSIDERATION OF APPOINTMENT TO THE SHOREWOOD PLANNING DIRECTOR POSITION A. 6:00 P.M. Marie Darlinginterviewed for the position of Planning Director. After the interview, Siakel moved, Labadie seconded, authorizing City Administrator Greg Lerud to offer the position of Shorewood Planning Director to Alice,:Marie Darling with a six month probationary period and giving him the latitude to write the offer letter laying out all of the terms. Motion passed 4/0. Administrator Lerud and Attorney Keane departed the meeting at 6:50 P.M. 3. INTERVIEW CANDIDATES FOR CONSIDERATION OF APPOINTMENT TO THE LAKE MINNETONKA COMMUNICATIONS COMMISSION B. 6:45 P.M. Tom Lesser 4. ADJOURN Labadie moved, Sundberg seconded, Adjourning the City Council Special Meeting of April 10, 2017, at 7:03 P.M. Motion passed 4/4. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Scott Zerby, Mayor ATTEST: CITY OF SHOREWOOD SPECIAL MEETING April 10,2017 Page 2 of 2 Sandie Thone, City Clerk 2C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY,APRIL 10,2017 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Acting Mayor Siakel called the meeting to order at 7:05 P.M. A. Roll Call Present. Acting Mayor Siakel; Councilmembers Johnson, Labadie, ,and Sundberg; Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: Mayor Zerby. B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of March 27, 2017 Labadie moved, Sundllerg seconded, Approving;the City Council Regular Meeting Minutes of March 27, 2017, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor,Siakel reviewed the items on the Consent Agenda. A. Approval of the Verified Claims List B. Approve Cost Sharing Agreement with the Minnehaha Creek Watershed District for.Aquatic Invasive Species Inspections C. Call'for,Special Council Meeting on April 24 at 6:00 P.M. for a Joint Meeting with the Park Commission D. Adopting RESOLUTION NO. 17-030, "A Resolution Approving Contract with the Minnesota Department of Transportation (MnDOT) for Signal Work at MN Trunk Highway 7 and Vine Hill Road." Councilmember Johnson asked Engineer Hornby to comment on Item 3.D. Engineer Hornby explained the signal replacement project at the Trunk Highway 7 and Vine Hill Road intersection that the Minnesota Department of Transportation (MnDOT) plans on doing will also include widening the pavement between Highway 7 and Broms Boulevard/Delton Avenue to accommodate an CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 10,2017 Page 2 of 7 additional northbound lane. MnDOT has been planning the project for about two years. He does not think that holding up this project would have any impact on the proposed project for a coffee shop with drive- thru service and outdoor seating for the properties located at 19245 and 19285 State Highway 7 that the Planning Commission has held a public hearing on. Councilmember Johnson asked if the widening and the additional lane would improve traffic exiting. Hornby explained the City had asked MnDOT to add a lane. After MnDOT assessed the site during the morning and afternoon when school was in session it agreed to add the lane. There is a lot of drop-off traffic at the High School and the extra lane would help drivers get back out to go eastbound on Highway 7. Councilmember Labadie stated the meeting packet materials for Item 3.13 states Hennepin County has agreed to contribute $10,000 in grant funding to help cover the cost of proving aquatic invasive species (AIS) inspections at the Christmas Lake boat landing. The remaining cost of $75,680 is to be shared equally between the City and the Minnehaha Creek Watershed District (MCWD). In previous years the City was reimbursed for its share of the cost by the Christmas Lake Homeowners Association (CLHA). She asked what the reimbursement agreement is for 2017. Director Nielsen stated it is the same as it has been in the past. The CLHA has again agreed to pay for one half of cost not covered by the grant. He commented the City does put some staff time into this effort. Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening, 5. PUBLIC HEARING A. Vacate Drainage and Utility Easements Applicant Stephen Brchild Location: 20465 Radisson Road Acting Mayor Siakel opened the Public Hearing at 7:12 P.M. Director Nielsen noted that Item 5.A and Item,KA go hand in hand. This involves a lot line rearrangement between,two property owners. It also includes the vacation of existing drainage and utility easements which would be replaced with new easements along the new lot line. He explained Steven and Sharon--Berchild own the property located at 20435 Radisson Road and Paula Callies and David Downs own the adjoining property located at 20465 Radisson Road. The Berchilds are going to buy a triangle ofland from Ms. Callies and Mr. Downs. The Berchilds wants to build an addition onto their home. The addition would extend into the side yard setback if they do not acquire some additional property. This Hearing is to vacate existing drainage and utility easements and replace them with drainage and utility easements along the new lot lines. He noted the Planning Commission reviewed this and recommended approval of the lot line rearrangement and the drainage and utility easement vacations subject to them being replaced with new ones. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 10,2017 Page 3 of 7 Seeing no one present to commend on this case, Acting Mayor Siakel opened and closed the Public Testimony portion of the Public Hearing at 7:16 P.M. Acting Mayor Siakel closed the Public Hearing at 7:16 P.M. 6. REPORTS AND PRESENTATIONS 7. PARKS A. Girl Scout Troop 16283 Little Free Library Proposal Acting Mayor Siakel introduced Junior Girl Scout Troop 16283. The Scouts were present to present their proposal for a Little Free Library. The Scouts introduced themselves. They names were: Monica Lauer (Shorewood), Devyn Campbell (Excelsior), Annika Sanchagrin (Shorewood), Sophia Rotunno (Shorewood), Baela Buttita(Chanhassen), and Amelia Fernandez (Shorewood). All the Scouts are fifth graders who attend Minneashta Elementary School. Each of the Scouts gave a portion of the presentation. The highlights are as follows. • They are members of Junior Girl Scout 16283 under River Valley Girl Scout and their leaders are Kristine and Sara. • They are trying to earn their Bronze Award; there are also silver and gold awards. • To earn the Bronze Award they have to make a project that can continue when the Scouts move on. They also have to work on the project for 20 hours to earn the Award. • The reasons they wanted to win the Award include: Baela — to make her feel good by helping others; Devyn—so she can make a difference; Amelia—to help others; Monica—to feel the joy of giving to the community; Sophia—to be nice to others; and, Annika—to go up another level in Girl Scouts. • Last year they went to Bear 'Mdlala speak and she inspired them because of her courage and determination to bring education. They choose the Little Free Library to improve literacy in the community and share their love of reading and books. • The Troup wants to install a Little Free Library near the sign at the entrance into Cathcart Park. The chose that location because they predict that the Library would get a lot of traffic there. • They will either collect materials,such as wood and paint, to build the little free library. Or, they may reuse something that is sustainable like an old single copy newspaper dispenser. • There are more than 50,060 Little Free Libraries in the United States. • A Little Free Libraryis a little stand with books inside. A person takes a book to read and replaces it with another book. • The Troup needs'the City's permission to install its Little Free Library and give people a chance to read the books left at the library. The Scouts want Council to vote yes to support its proposal. • Dr. Seuss quote — "The more that you read, the more things you will know. The more that you learn, the more places you'll go. The Scouts thanked Council for listening to their presentation. Councilmember Labadie asked if the Scouts knew that there was a Little Free Library in Badger Park. It was installed as part of an Eagle Scout project done by a Boy Scout several years ago. She stated there are CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 10,2017 Page 4 of 7 quite a few of those libraries around town. There is also one downtown Excelsior. The existing libraries can provide lots of good ideas. Councilmember Sundberg stated she thought this is a great idea and she thanked the Scouts for sharing their proposal with Council. Councilmember Johnson thanked the Scouts for coming before Council and noted his fifth grade daughter attends school at Minnewashta. He clarified that Cathcart Park is located in the City of Chanhassen. Director Nielsen noted it is a Shorewood park. Johnson noted there is a Little Free Library located just down the block,from Cathcart Park on Church Road. It was installed as a tribute to boy who passed away last summer. . Acting Mayor Siakel asked staff if there is an alternative location for the proposed Library. Director Nielsen suggested Manor Park and noted that Park is used a fair mount. Councilmember Labadie asked about locating it near/at Freeman Park Director Nielsen stated that Park is also used a lot. Labadie noted that certain grades have their end of the year picnic there. Acting Mayor Siakel stated she thought there is room for one more Little Free Library in the City. She asked that the Scouts work with staff on identifying an alternate location. It was noted the Scouts would like to install the Library by June. Councilmember Labadie noted that when the Scouts meet with staff that time counts toward the 20 hours. Sundberg moved, Johnson seconded, approving, Girl Scout Troup 16383's Little Free Library proposal pending assistance from staff on identifying a good alternative location. Motion passed 4/0. Councilmember Sundberg noted she mias,very impressed with the Scouts' presentation. A Scout leader noted the Scouts prepared their presentation themselves. 8. PLANNING A. Lot Line Rearrangement—Berchild and Callies Director Nielsen explained that ordinarily staff does not recommend gerrymandered lot lines. The Berchild one is about 'a gerrymandered as they come. The land that will go from the Callies/Downs property to the Berchild property relates better to the Berchild property than the Callies/Downs property. It sits about 20 feet higher than the Callies/Downs property. He noted that the Planning Commission did recommend approval of the subdivision/ combination and the vacation of exiting easements subject to new easements being granted. Labadie moved, Johnson seconded, Adopting RESOLUTION NO. 17-028, "A Resolution Vacating Certain Drainage and Utility Easements Located on the Property Line between the Properties Located at 20435 and 20465 Radisson Road". Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 10,2017 Page 5 of 7 Labadie moved, Johnson seconded, Adopting RESOLUTION NO. 17-027, "A Resolution Approving a Subdivision and Combination of Real Properties for Steven and Jessica Berchild (owners of the 20435 Radisson Road Property) and Paula Callies and David Downs (owners of the 20465 Radisson Road property) subject to new drainage and utilities easements along the new property line being recorded. Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Approve Professional Services Agreement — 2017 Municipal Separate Storm Sewer System (MS4) Program Implementation Director Brown explained the City of Shorewood falls under the Municipal Separate Storm Sewer System (MS4) designation. MS4 programs are mandated by the United States Environmental Protection Agency (EPA) under the Federal Clean Water Act. The City's MS4 Program has to be updated with a number of steps. They include the City's Storm Water Pollution Prevention, Program (SPPP), its annual public information meeting, MS4 implementation education and plan updates, and staff training. It also includes swamp delineation and the Storm Water Asset Management Program (SWAMP). The EPA and the Minnesota Pollution Control Agency (MPCA) require that the City document what the storage volume was designed at for the sedimentation ponds, what volume'is currently available, and develop a plan for how the sediment would be cleaned out. He noted the cost of the professional services to update the City's MS4 Program is $12,400. He stated staff recommends approval of the Professional Services Agreement as presented. Siakel moved, Sundberg seconded, approving the Professional Services Agreement from WSB & Associates for the 2017 Municipal Separate Storm Sewer (MS4) Program implementation. Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Snthshore Community Center Request for Information Administrator Lerud explained that during the February 24, 2017 Council and staff retreat, there was discussion about the Southshore.Community Center and the vision for its future. Council expressed a desire to re�gttest information from interested parties (e.g.; individuals, organizations, businesses) to give the City an idea of what might be possible at the Center. He and Councilmember Johnson prepared a request for information (RFI) document. The RFI would be advertised in places where the City could reach business or organizations that are involved in that type of activity. The City would give them about one month to respond back to the City. During that time period the City would host non-mandatory site visit during which responders could ask questions about what the City is thinking about the facility. Neither he nor Johnson has any idea of what type of responses the City may get back. This approach is a low cost way to get a sense of what people think. Councilmember Sundberg asked if the City would then solicit requests for proposals (RFPs). Administrator Lerud confirmed that. Sundberg stated she has known an RFI to be a request for interest. Lerud stated that is how it was referred to during the retreat, noting he has heard it both ways. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 10,2017 Page 6 of 7 Councilmember Labadie asked if the City was only going to advertise in business journals or is the intent to target certain organizations. Administrator Lerud stated the advertising locations have not been decided. Labadie stated she thought the Center would be a great space for children who are home schooled to get together to participate in organized events. Councilmember Johnson stated it is difficult to know where to send the RFI. He then stated he received a comment from an architect who indicated her firm would not submit a response to an RFI unless there was a personal connection. He went on to state the intent is to drum up different interests that Council and staff have not thought of. The City of Minneapolis did something similar for Minnehaha Falls, Lake Harriet and Lake Calhoun. It is not uncommon to cast a very wide, open net and then refine things as information is received. That would shape what an RFP would look like. Acting Mayor Siakel stated she did not think it would hurt to ask. In the past,the City had been more focused on marketing. Sundberg moved, Labadie seconded, approving the Request for Information as presented. Motion passed 4/0. B. Authorization on City Accounts Administrator Lerud stated because of recent staff changes at the City he thought it appropriate to approve an updated list of who can make financial transaction's on behalf of the City. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 17-029, "A Resolution Granting Authority for Certain Authorities for the City of Shorewood."Motion passed 4/0. 11. STAFF AND COUNCIL REPORTS A. Administrator,and Staff 1. Public Works Director Director Brown explained staff is waiting to hear from the contractor about when the East Water Tower will be washed. That was supposed to be done last fall but the weather prohibited that from happening. The City's project is first on the list of the contractor's projects. 2. Engineer Engineer Hornby noted spring weight restrictions will be lifted about 12:00 A.M. on April 15. He stated the contractor is planning to mobilize and continue with the watermain extension project south of Highway 7 on Chaska Road. There is a spot on the City's website for residents to sign up to be notified of construction project updates. Staff intends to send out electronic notifications rather than paper notifications. Councilmember Labadie asked if that is the same for roadway projects. Engineer Hornby confirmed that. Other CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 10,2017 Page 7 of 7 Administrator Lerud noted staff had a kickoff meeting with the Northwest Associated Consultants staff the previous week. The meeting was about updating the Shorewood Comprehensive Plan. B. Mayor and City Council Acting Mayor Siakel welcomed new City Clerk Sandie Thone who started with the City that day. 1. Appointment to the Lake Minnetonka Communications Commission Councilmember Labadie noted that just prior to this meeting Council interviewed candidate Tom Lesser for consideration of appointment to the Lake Minnetonka Communications Commission. Labadie moved, Johnson seconded, Adopting RESOLUTION NO. 17-03b "A Resolution Making the Appointment of Tom Lesser (April 11, 2017, - February" 28, 2018) to the Lake Minnetonka Communications Commission."Motion passed 4/0. 12. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of April 10, 2017, at 7:43 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Debbie Siakel,Acting Mayor City Clerk, Sandie Thone ® #3A MEETING TYPE City of Shorewood nib Meeting Item Regular Meeting ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Verified Claims Meeting Date: April 24, 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. 63537-63571 &ACH 101,401.74 Total Claims $101,401.74 We have also included a payroll summary for the payroll period ending April 16, 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: 00002.04.2017-PR-04172017 City Of CITY OF SHOREWOOD Shorewood Account Number Debit Amount Credit Amount Description FUND 101 General Fund 101-00-1010-0000 0.00 47,053.26 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 9,047.36 0.00 FULL-TIME REGULAR 101-13-4103-0000 445.88 0.00 PART-TIME 101-13-4121-0000 678.58 0.00 PERA CONTRIB-CITY SHARE 101-13-4122-0000 727.89 0.00 FICA CONTRIB-CITY SHARE 101-13-4131-0000 1,200.70 0.00 EMPLOYEE INSURANCE-CITY 101-13-4151-0000 79.70 0.00 WORKERS COMPENSATION 101-15-4101-0000 1,824.49 0.00 FULL-TIME REGULAR 101-15-4121-0000 136.83 0.00 PERA CONTRIB-CITY SHARE 101-15-4122-0000 136.59 0.00 FICA CONTRIB-CITY SHARE 101-15-4131-0000 155.06 0.00 EMPLOYEE INSURANCE-CITY 101-15-4151-0000 11.01 0.00 WORKERS COMPENSATION 101-18-4101-0000 6,004.32 0.00 FULL-TIME REGULAR 101-18-4121-0000 127.27 0.00 PERA CONTRIB-CITY SHARE 101-18-4122-0000 452.20 0.00 FICA CONTRIB-CITY SHARE 101-18-4131-0000 886.42 0.00 EMPLOYEE INSURANCE-CITY 101-18-4151-0000 37.59 0.00 WORKERS COMPENSATION 101-24-4101-0000 4,185.77 0.00 FULL-TIME REGULAR 101-24-4121-0000 302.98 0.00 PERA CONTRIB-CITY SHARE 101-24-4122-0000 263.84 0.00 FICA CONTRIB-CITY SHARE 101-24-4131-0000 515.00 0.00 EMPLOYEE INSURANCE-CITY 101-24-4151-0000 23.10 0.00 WORKERS COMPENSATION 101-32-4101-0000 7,871.29 0.00 FULL-TIME REGULAR 101-32-4102-0000 56.08 0.00 OVERTIME 101-32-4105-0000 302.90 0.00 STREET PAGER PAY 101-32-4121-0000 617.26 0.00 PERA CONTRIB-CITY SHARE 101-32-4122-0000 617.78 0.00 FICA CONTRIB-CITY SHARE 101-32-4131-0000 1,897.80 0.00 EMPLOYEE INSURANCE-CITY 101-32-4151-0000 420.53 0.00 WORKERS COMPENSATION 101-33-4101-0000 52.42 0.00 FULL-TIME REGULAR 101-33-4121-0000 3.94 0.00 PERA CONTRIB-CITY SHARE 101-33-4122-0000 3.49 0.00 FICA CONTRIB-CITY SHARE PR-G/L Distribution Report(04/17/2017- 12:45 PM) Page 1 Account Number Debit Amount Credit Amount Description 101-33-4151-0000 0.44 0.00 WORKERS COMPENSATION 101-52-4101-0000 3,295.08 0.00 FULL-TIME REGULAR 101-52-4121-0000 247.13 0.00 PERA CONTRIB-CITY SHARE 101-52-4122-0000 262.88 0.00 FICA CONTRIB-CITY SHARE 101-52-4131-0000 874.01 0.00 EMPLOYEE INSURANCE-CITY 101-52-4151-0000 125.06 0.00 WORKERS COMPENSATION 101-53-4101-0000 1,093.41 0.00 FULL-TIME REGULAR 101-53-4121-0000 82.01 0.00 PERA CONTRIB-CITY SHARE 101-53-4122-0000 81.59 0.00 FICA CONTRIB-CITY SHARE 101-53-4131-0000 21.92 0.00 EMPLOYEE INSURANCE-CITY 101-53-4151-0000 35.71 0.00 WORKERS COMPENSATION FUND Total: 47,053.26 47,053.26 FUND 201 Southshore Center 201-00-1010-0000 0.00 1,548.64 CASH AND INVESTMENTS 201-00-4101-0000 638.57 0.00 FULL-TIME REGULAR 201-00-4102-0000 152.88 0.00 OVERTIME 201-00-4103-0000 587.50 0.00 PART-TIME 201-00-4121-0000 47.89 0.00 PERA CONTRIB-CITY SHARE 201-00-4122-0000 90.46 0.00 FICA CONTRIB-CITY SHARE 201-00-4151-0000 31.34 0.00 WORKERS COMPENSATION FUND Total: 1,548.64 1,548.64 FUND 601 Water Utility 601-00-1010-0000 0.00 10,087.57 CASH AND INVESTMENTS 601-00-4101-0000 7,532.70 0.00 FULL-TIME REGULAR 601-00-4102-0000 271.47 0.00 OVERTIME 601-00-4105-0000 302.90 0.00 WATER PAGER PAY 601-00-4121-0000 608.02 0.00 PERA CONTRIB-CITY SHARE 601-00-4122-0000 520.98 0.00 FICA CONTRIB-CITY SHARE 601-00-4131-0000 588.65 0.00 EMPLOYEE INSURANCE-CITY 601-00-4151-0000 262.85 0.00 WORKERS COMPENSATION FUND Total: 10,087.57 10,087.57 FUND 611 Sanitary Sewer Utility 611-00-1010-0000 0.00 4,224.41 CASH AND INVESTMENTS 611-00-4101-0000 2,799.29 0.00 FULL-TIME REGULAR 611-00-4105-0000 302.90 0.00 SEWER PAGER PAY 611-00-4121-0000 232.67 0.00 PERA CONTRIB-CITY SHARE 611-00-4122-0000 224.81 0.00 FICA CONTRIB-CITY SHARE 611-00-4131-0000 588.65 0.00 EMPLOYEE INSURANCE-CITY 611-00-4151-0000 76.09 0.00 WORKERS COMPENSATION PR-G/L Distribution Report(04/17/2017- 12:45 PM) Page 2 Account Number Debit Amount Credit Amount Description FUND Total: 4,224.41 4,224.41 FUND 621 Recycling Utility 621-00-1010-0000 0.00 658.57 CASH AND INVESTMENTS 621-00-4101-0000 511.73 0.00 FULL-TIME REGULAR 621-00-4121-0000 38.37 0.00 PERA CONTRIB-CITY SHARE 621-00-4122-0000 34.43 0.00 FICA CONTRIB-CITY SHARE 621-00-4131-0000 71.81 0.00 EMPLOYEE INSURANCE-CITY 621-00-4151-0000 2.23 0.00 WORKERS COMPENSATION FUND Total: 658.57 658.57 FUND 631 Storm Water Utility 631-00-1010-0000 0.00 598.75 CASH AND INVESTMENTS 631-00-4101-0000 473.96 0.00 FULL-TIME REGULAR 631-00-4121-0000 35.56 0.00 PERA CONTRIB-CITY SHARE 631-00-4122-0000 34.83 0.00 FICA CONTRIB-CITY SHARE 631-00-4131-0000 47.91 0.00 EMPLOYEE INSURANCE-CITY 631-00-4151-0000 6.49 0.00 WORKERS COMPENSATION FUND Total: 598.75 598.75 FUND 700 Payroll Clearing Fund 700-00-1010-0000 64,171.20 0.00 CASH AND INVESTMENTS 700-00-2170-0000 0.00 31,961.39 GROSS PAYROLL CLEARING 700-00-2171-0000 0.00 6,761.19 HEALTH INSURANCE PAYABLE 700-00-2172-0000 0.00 4,572.71 FEDERAL WITHHOLDING PAYABLE 700-00-2173-0000 0.00 1,906.54 STATE WITHHOLDING PAYABLE 700-00-2174-0000 0.00 7,166.16 FICA/MEDICARE TAX PAYABLE 700-00-2175-0000 0.00 5,895.90 PERA WITHHOLDING PAYABLE 700-00-2176-0000 0.00 2,229.76 DEFERRED COMPENSATION 700-00-2177-0000 0.00 1,112.14 WORKERS COMPENSATION 700-00-2181-0000 0.00 1,074.89 DISABILITY INSURANCE 700-00-2183-0000 0.00 640.77 HEALTH SAVINGS ACCOUNT 700-00-2184-0000 0.00 543.75 DENTAL DELTA 700-00-2185-0000 0.00 306.00 DENTAL-UNION FUND Total: 64,171.20 64,171.20 Report Total: 128,342.40 128,342.40 PR-G/L Distribution Report(04/17/2017- 12:45 PM) Page 3 o � � a ct Q 0 N h h N w w w w w O 2 d o O O O w � o O �,a v f/1 O O O O O O O O O t,i U O O U O U O U O U O U O U O O U N N p N N N N N U d U °o o U U o U o U o U o U o 0 A N N N N N N N N N p N N N N N N N N 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 o O o O o N oc 0 0 0 o v o0 o6 oo r--: o o ri o h h O O O O O O M M O O N M M c1 al N M M Q t. x w Q a a 0 v O , p p h v O U C7 °' Z o O •i, W Pti P-i ,�' U � � C� � � w � � '� o � Q' C7 ,�' d '� U �, to U w x o o w o Ct p N 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N ,x _ U U O (� O O O O p 00 to z r— oo U o oo o cl •O M M G' CO CO CO G' 01 c, O Oi O M cl F�I 01 01 cl N N Vl #3B MEETING TYPE City of re it Meeting Item Regular Meeting Title / Subject: Resolution 17 -032; Appointing Data Practices Responsible Authority, Compliance Official and Designees as Required by Minnesota Government Data Practices Act (MGDPA) Meeting Date: Monday, April 24, 2017 Prepared by: Sandie Thone, City Clerk Reviewed by: Greg Lerud, City Administrator Attachments: Resolution of appointment Policy Consideration: Appointment of Data Practices Responsible Authority, Compliance Official, and Designees as Required by Minnesota Government Data Practices Act (MGDPA) Background: Governments run on information and in turn cities document their operations. Our reliance on information creates significant responsibilities. The City is therefore responsible for creating official records, retaining and managing those records, and securing and providing access to government data. The Minnesota Government Data Practices Act (MGDPA) is a series of state laws that attempts to balance the public's right to know, and individual's right to privacy, and the government's need to function responsibly and efficiently. All cities must comply with the MGDPA. Pursuant to Minnesota State Statutes, Chapter 13, the city must appoint one person as the Responsible Authority to administer the requirements of the MN Data Practices within the City. In addition, a city employee must also be designated as the Data Practices Compliance Official. Questions or concerns regarding the Data Practices Act, such as difficulty accessing government data are directed to the Compliance Official. The Responsible Authority may also, and often times does, serve as the Compliance Official as well. With the departure of the previous City Clerk, the City is required to appoint a new Responsible Authority and Compliance Official. Ms. Thone has over seven (7) years proven experience performing the duties of the Responsible Authority administering and training staff on the requirements of the MN Data Practices Act and acting as the Compliance Official answering questions and directing compliance requirements. In addition, the responsible authority may designate one or more "designees" that must be city employees as well and may receive and comply with requests for government data. City Clerk Sandie Thone recommends approval of Administration staff members Twila Grout and Brenda Pricco as Data Practices Designees for the City of Shorewood. Financial or Budget Considerations: None Recommendation / Action Requested: Staff respectfully recommends the city council appoint City Clerk Sandie Thone as the MGDPA Responsible Authority and Compliance Official for the City of Shorewood and Twila Grout and Brenda Pricco as Designees, effective upon approval. Motion, second and simple majority vote required. Connection to Vision / Mission: Consistency in providing quality public service. 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 HENNEPIN COUNTY, MINNESOTA RESOLUTION 17 -032 RESOLUTION APPOINTING CITY CLERK SANDIE THONE THE RESPONSIBLE AUTHORITY AND COMPLIANCE OFFICIAL TO ADMINISTER THE DATA PRACTICES REQUIREMENTS PURSUANT TO MINNESOTA STATE STATUTE, CHAPTER 13 FOR THE CITY OF SHOREWOOD WHEREAS, Minnesota Statutes, Chapter 13 requires that the City of Shorewood appoint one person as the Responsible Authority to administer the requirements for collection, storage, use, and dissemination of data on individuals within the City; and WHEREAS, an individual must be appointed, the duty cannot be designated to an office; and WHEREAS, if a different person is later appointed as the Responsible Authority, the resolution must be amended to indicate the name of the Responsible Authority; and WHEREAS, the Shorewood City Council shares concern expressed by the Legislature on the responsible use of all City Data and wishes to satisfy this concern by appointing an administratively qualified Responsible Authority as required under the statute. WHEREAS, pursuant to Minnesota Statutes, Chapter 13, the City must also designate a Compliance Official to answer questions and direct compliance requirements; and WHEREAS, pursuant to Minnesota Statutes, Chapter 13, the Responsible Authority may designate "Designees" to carry out the business of receiving and complying with data requests for government data; and WHEREAS, this public document should be posted in a conspicuous place and/or be made readily available to the public. BE IT RESOLVED, the City Council of the City of Shorewood appoints Sandie Thone as the Responsible Authority and the Compliance Official for the purpose of meeting all requirements of Minnesota Statutes, Chapter 13 with rules as lawfully promulgated by the commissioner of Administration and designates Twila Grout and Brenda Pricco as Data Practices Designees. FURTHER, BE IT RESOLVED, the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying, and compiling copies and of preparing summary data, as allowed by Minnesota Statutes, Chapter 13 and by Minnesota Rules, Chapter 1205, as amended. ADOPTED BY SHOREWOOD CITY COUNCIL ON THE 24TH DAY OF APRIL, 2017 Scott Zerby, Mayor Sandie Thone, City Clerk #3C MEETING TYPE City of Shorewood Council in Item Regular Meeting Title / Subject: Summer Sailboat Race Series Meeting Date: Monday, April 24, 2017 Prepared by: Sandie Thone, City Clerk Reviewed by: Greg Lerud, City Administrator Attachments: Request Letter from Race Commodore Background: A request for permission and support of the 2017 Summer Sailboat Race Series and Schedule from Kevin Riley, Race Commodore for Gideon Bay Boaters at Shorewood Yacht Club, was received in our offices on April 13, 2017. The races have been held during the previous summers and a copy of last year's approval is included with this request. The race events are scheduled to be held on May 28, July 2, August 27 and September 24, 2017. City Council Support, in the way of a letter of permission, is needed for the organization to secure a permit through the Sheriff's office for the race events. Financial or Budget Considerations: None Recommendation / Action Requested: Staff respectfully recommends the city council support and permit the events and direct staff to send the letter of approval to Gideon Bay Boaters at Shorewood Yacht Club. Motion, second and simple majority vote required. Connection to Vision / Mission: Consistency in providing quality public services and a variety of attractive amenities. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Kevin Riley Race Commodore for Gideon Bay Boaters at Shorewood Yacht Club 5400 Yellowstone Trail Minnetrista, MN 55331 Kar7299 @att.net April 13, 2017 Sandie Thone, City Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 -8927 Re: Summer Sailboat Race Series Dear Sandie, ITY 0R' S'riORE /VGa . ti. ...�, �.n.re_a... �1 I am writing to request permission for our summer sailboat race series. The races will be arranged by Gideon Bay Boaters, the organization of boaters at Shorewood Yacht Club, for which I am the Race Commodore. We have held these races during previous summers and would like to continue to do so. Our race events will be on these five dates: May 28 July 2 August 27 September 24 We will start in Gideon Bay and race around Big Island. We are pursuing a permit through the Sherriff and need a letter from you in support. Could you please email a copy of your response so I can get it to the Sherrill in time. Thank you for your consideration. Sincerely Kevin Riley Race Commodore #3D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Hiring LEO for Public Works Meeting Date: April 24, 2017 Prepared by: Greg Lerud and Larry Brown Background: At the February 13 council meeting,the Council authorized advertising for the open position of LEO in Public Works. The position was advertised and the applicants were ranked. Those selected to proceed in the process were brought in to complete a "hands-on" exercise to gauge their skill in equipment operation, and then they completed an interview with Public Works Director Brown, Lead PW Supervisor Baumann, and City Administrator Lerud. A finalist was selected from that process and he completed a physical exam, pre-employment drug test, and a suitability test. At the time this memo was drafted the results of the physical exam was not received by the city. Recommendation/Action Requested: Staff recommends approving the following conditional LEO job offer to Christopher Heitz: 1. Starting salary of$24.82 per hour. 2. Six month probationary appointment with performance review at the end of six months. 3. All other benefits governed by the union contract and/or city personnel policy. This offer is contingent on receiving acceptable physical exam and pre-employment drug test results. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 #3E MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Accepting Bids and Award of Construction Contract for the 2017 Crack Fill and Seal Coat Project, City Project 17-01 Meeting Date: April 24, 2017 Prepared by: Paul Hornby, City Engineer Reviewed by: Attachments: Resolution, Bid Results Letter and Bid Summary Background:The City annually provides for maintenance of City streets as part of the Street Reconstruction Fund as a seal coating project. The City of Shorewood implements seal coating in the pavement maintenance, not crack filling. City streets scheduled for the 2017 Crack Fill and Seal Coat Project, are listed below: Academy Avenue,Anthony Terrace,Charleston Circle,Clover Lane,Club Valley Road,Country Club Road,Covington Road W, Dellwood Lane, Elder Turn, Elmridge Circle, Enchanted Cove, Enchanted Drive, Enchanted Lane, Enchanted Point,Glencoe Road,Grant Street, Lake Linden Court, Lake Linden Drive, Lawtonka Drive, Mary Lake Terrace, McLain Road, Minnetonka Drive, Pleasant Avenue, Rampart Court,Shady Island Circle,Shady Island Point,Shady Island Road,Shady Island Terrace, Smithtown Road,Spruce Hill Court,Tee Terrace,Timber Lane,Vine Street,Wood Drive,and Wood Duck Circle, EFD Parking Lot and the SLMPD parking lot. The 2017 Crack Fill and Seal Coat Project plans and specifications were prepared as a collaborative project effort with the Cities of Victoria, Minnetrista,the EFD and SLMPD to reduce overall project costs. The City received bids on Thursday,April 13, 2017, and WSB has prepared a bid results letter with recommendation for awarding the project and summary of bids received. The Lowest responsive bid received is from Allied Blacktop Co., of Maple Grove, Minnesota,with their grand total bid of $267,338.70. The City of Shorewood's portion (including the EFD and SLMPD parking lots) of the project bid is$178,848.70. The City of Shorewood will invoice the EFD and SLMPD for their share of the work. Financial or Budget Considerations: The Capital Improvement Plan budget in the Street Reconstruction Fund is$184,000 for the 2017 Crack Fill and Seal Coat Project. Options: 1. Approve the resolution accepting bids and awarding the contract to the lowest responsible and responsive bidder for the 2017 Crack Fill and Seal Coat Project, City Project 17-01. 2. Reject all bids for the 2017 Crack Fill and Seal Coat Project, City Project 17-01. 3. Take no action on this item at this time. 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 Recommendation/Action Requested: Staff recommends Council approve Resolution 17-_, Accepting Bids and Awarding the Construction Contract for the lowest responsive bid received for the Shorewood schedule, submitted by Allied Blacktop Co., of Maple Grove, Minnesota,for the 2017 Crack Fill and Seal Coat Project, City Project 17- 01. CITY OF SHOREWOOD RESOLUTION NO. 17 - A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2017 CRACK FILL AND SEAL COAT PROJECT CITY PROJECT NO. 17-01 WHEREAS, pursuant to an advertisement for bids for local improvements designated as the 2017 Crack Fill and Seal Coat Project, City Project No. 17-01, bids were received, opened on April 13, 2017, tabulated according to law, and such tabulation is attached hereto and made a part hereof, and WHEREAS, the City Council has determined that Allied Blacktop Co. is the lowest responsive bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Co. in the name of the City of Shorewood, Project No. 17-01, according to the plans and specifications therefore approved by the City Council on file in the office of the City Clerk. 2. That the City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and the next two lowest bidders, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24h day of April, 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk AL WS 477 Temperance Street St. Paul, MN 55101 (651)286-8450 April 13, 2017 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 2017 Crack Fill & Seal Coat Project City of Shorewood, MN Project No. 17-01 City of Victoria, MN City of Minnetrista, MN Project No. 02-17 WSB Project No. 2925-29, 2168-13, &2121-90 Dear Mayor and Council Members: Bids were received for the above-referenced project on Thursday, April 13, 2017, and were opened and read aloud. Two bids were received. The bids were checked for mathematical accuracy. Please find enclosed the bid summary indicating the low bid as submitted by Allied Blacktop Co., Maple Grove, Minnesota for a total bid amount of$267,338.70 for work in Shorewood, Victoria and Minnetrista. The Engineer's Estimate was $343,267.50. The portion of the bid for the City of Shorewood was $178,848.70. Bid amounts for each city were as follows: Bid Amount City of Shorewood SCHEDULE A- CITY OF SHOREWOOD $164,298.70 SCHEDULE D- EXCELSIOR FIRE DEPARTMENT $ 7,571.00 SCHEDULE E- SMLPD PARKING LOT $ 6,979.00 TOTAL SHOREWOOD CONTRACT $178,848.70 City of Victoria SCHEDULE C- CITY OF VICTORIA $ 37,100.00 TOTAL VICTORIA CONTRACT $ 37,100.00 City of Minnetrista SCHEDULE B- CITY OF MINNETRISTA $ 51,390.00 TOTAL MINNETRISTA CONTRACT $ 51,390.00 We recommend that the City Council consider these bids and award a contract in the amount of $178,848.70 for the Shorewood portion to Allied Blacktop Co. based on the results of the bids received. Sincerely, WSB &Associates, Inc. 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U ui ) '� oo "i d N o N aT O o M U `� N L ;O N i A O O Y C 03 N d d d d �_ LO V pD E v_ °' } E c E E E E E c �. 6 co U; n °.- I v o C46 � E W V LU V ® O = ® c q 0— LA LU .� -Se m S c6 ca ~ as--+ Am .s 1 r ca 0 w y a ob MIR N r ,i ao e � CL @ u �' � F %FEW Ono Y 1 54) � 2 v I J u ZZr � J CL 7R= �r � a _ 1 r `�� MINNESOTA'S BIDE DEW ME] EJ167 i�f I r-� ro , �o r L � A i 1� ! A` lip ono I fi a` • • is o r 1 s W fa � +� r OC � O i, «F I 1. t � o t A }61 • 4 � A� r E� #7A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, APRIL 11, 2017 7:00 P.M. MINUTES 1.CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 7:00 p.m. A.Roll Call ; Present: Chair Mangold, Commissioners Vassar, Rock, and BarrCity Council Liaison Labadie; City Planner Nielsen and Public Works Director Brown Absent: B.Review Agenda Rock moved to approve the agenda as written. Barr seconded the motion. Motion carried 4-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of March 14, 2017 Barr moved to approve the minutes of the March 14, 2017 meeting as written. Rock seconded the motion. Motion carried 4-0. 3. MATTERS FROM THE FLOOR There were none. 4. REVIEW MAINTENANCE STANDARDS Brown stated the draft maintenance standards have been revised. He stated there have only been two changes – restroom maintenance will be changed to Level 1, and tree care. He stated there may be instances during storm events where tree care cannot be completed unless an emergency. Mangold stated he supported all the changes made. He questioned the level for common areas. Brown stated he wanted to get tentative agreement on the levels of service. Then he would go back to WSB to get more detailed park maps. Mangold was unsure what level of service common areas should be at. Brown believed areas around public buildings especially should be a higher level of service. Rock suggested using the maps during the park tours to identify service level areas. PARK COMMISSION MINUTES TUESDAY, APRIL 11, 2017 3 PAGE 2 OF Commissioners discussed the two existing levels of service. They agreed there should be more than two levels. Brown stated the maps will be detailed out with levels of service and bring them on the park tour for additional detail. Labadie requested the City Council receive the maps a few days before each park tour. Commissioners discussed tree care in the parks. Brown discussed problems associated with weight restrictions still in place. Nielsen noted Freeman Park has a lot of ash trees. He noted $70,000 is budgeted each year for ash tree removal. Mangold requested the new arborist provide a report on trees which should be removed and what to watch out for. Mangold stated the hockey rinks are not being cleared on the weekends when there are snow events on Fridays. Brown discussed issues with long hours worked and overtime constraints. 5. REVIEW PARKS FOUNDATION PAMPHLET Mangold discussed the purpose of the Parks Foundation for the benefit of the new Park Commission members. The organization has created a pamphlet which is distributed at City Hall and Community Center. They are requesting input from the Park Commission on changes. Brown stated as we go through the Badger Park plan, the Parks Foundation needs to “latch on” and target future donations. Barr suggested more visual elements in the brochure and setting specific goals. Items which have been completed, such as the skate park and Eddy Station, should be removed from the brochure. Mangold stated there also needs to be a link to a website. Nielsen stated it is more effective, when fundraising, to be specific about what the fundraising is for. Mangold suggested specifying playground equipment as a fundraising goal. Mangold stated he would take playground equipment catalogs to the next Parks Foundation meeting. Barr asked if the pamphlet ever gets mailed out. Nielsen stated he didn’t know why they couldn’t do a mailing once a year. 6.SOUTHSHORE COMMUNITY PARK – PICKLE BALL Nielsen reviewed two quotes for fencing for pickle ball which is two percent over budget. He recommended the Commission recommend approval of the Sterling Fence quote in the amount of $51,710. Vassar asked what the timeline would be. Nielsen stated they are ready to start as soon as Council approves the quote. Commissioners discussed whether this should be a high priority. Nielsen suggested having the th discussion with the City Council at the joint meeting on the 24. Labadie suggested a presentation on pickle ball also be provided at the meeting. PARK COMMISSION MINUTES TUESDAY, APRIL 11, 2017 3 PAGE 3 OF 7.NEW BUSINESS Mangold discussed a program used by Chanhassen where an interactive map of the city showing parks is shared with residents who in turn can comment on each park’s amenities. Nielsen stated he would forward it to Julie Moore to see if it is something Shorewood can do. Commissioners discussed the shared parking lot at the Southshore Center and Badger Park. Brown stated there will need to be a combination of education and signage to make the parking lot functional. 8. STAFF AND LIAISON REPORTS/UPDATES A. City Council Labadie updated the Commission on recent City Council actions. B. Staff Mangold asked what the status is on the lacrosse wall. Nielsen stated it has been approved following additional review of wall coatings that are easier to wash. 9. ADJOURN Rock moved, Vassar seconded, to adjourn the Park Commission Meeting of April 11, 2017 at 8:25 p.m. Motion carried 4-0. RESPECTFULLY SUBMITTED, Clare T. Link Recorder CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, APRIL 4, 2017 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Maddy; Commissioners Maddy, Bean, Riedel and Sylvester; Planning Director Nielsen; and, Council Liaison Sundberg Absent: None APPROVAL OF AGENDA Davis moved, Riedel seconded, approving the agenda for April 4, 2017, as presented. Motion passed 5/0. APPROVAL OF MINUTES March 7, 2017 Bean moved, Davis seconded, approving the Planning Commission Meeting Minutes of March 7, 2017, as presented. Motion passed 5/0. 1. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR COFFEE SHOP WITH DRIVE-THRU SERVICE AND OUTDOOR SEATING (continued from March 7, 2017) Applicant: Dave Watson Location: 19245 and 19285 State Highway 7 Chair Maddy opened the Public Hearing at 7:01 P.M. noting the procedures used in a Public Hearing. He also noted the Hearing was continued from March 7, 2017. He 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. He stated this evening the Planning Commission is going to consider a conditional use permit (C.U.P.) for a coffee shop with drive- thru service and outdoor seating for the properties located at 19245 and 19285 State Highway 7; also, known as the Starbucks proposal. Director Nielsen apologized for sending out the report for this item late. The applicant submitted the material later than staff would have liked. The staff report was sent out earlier that morning. He explained the staff report talked about a number of things discussed during the March 7, 2017, public hearing. He reviewed the items discussed in the report. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 4, 2017 Page 2 of 8 1. During the March 7 Public Hearing the Planning Commission asked the applicant to have a traffic study done. It was to take into account the intersection, the site, and what affect the proposed use would have on the traffic issues in the area. The applicant submitted the results of the study to the City the previous week, but not in time for the City’s consultant to review it and comment on it. Primarily because of that staff is recommending the Public Hearing again be continued to the next Planning Commission meeting which is scheduled for May 2, 2017. The report is about 100 pages long and he did send it to the Commissioners under separate cover. The report contains an executive summary which summarizes most of the highly technical report. The City will have its Engineer review and comment on the report. 2. A more detailed landscape plan was submitted. Most of what is proposed is decorative landscaping. There is no need to screen the site from Highway 7 or the intersection. The original staff report recommended putting in some landscaping on the easterly entrance to / exit from the site to provide screening of the parking lot from residents on that side of the street. That is not shown on the new plan. Staff continues to believe that something should be done to create a screen between the parking and those residents. A row of maple trees is proposed along the front of the site. There is a backdrop of Black Hills Spruce and various decorative landscaping around the building. 3. Site lighting still has not been addressed. It was mentioned during the March 7 Hearing. 4. A grading, drainage and erosion control plan has been submitted. It includes a small infiltration pond at the easterly entrance to the site, which may be why no landscaping has been provided there. The City Engineer has noted that no drainage calculations have been provided. Whether or not additional ponding would be needed on the site would be dependent on whether or not the applicant intends to add additional hardcover to what already exists. The applicant had told him that his engineers have done those calculations and that the amount of hardcover would be less than what is currently there. Therefore, no additional ponding would be needed. Staff needs to review those calculations. The plans are subject to review and approval by the City Engineer. He reiterated that staff recommends this be continued to the May 2 Planning Commission meeting. He noted that as follow-up to continuing the application, the applicant was sent a letter advising him that the application would take more than 60 days and up to 120 days to process. If the City does not take action within 120 days it would automatically be approved if the applicant was not notified of the 120 days. Chair Maddy asked if the infiltration pond site is part of the drainage expansion that could possibly be needed. If the amount of hardcover is not increased could that be replaced with landscaping? Director Nielsen clarified he did not know the answer to that question. Director Nielsen explained that in the past the City has always asked for landscape berms for screening. Because of the desire to keep stormwater on the site to control drainage developers have gone to creating depressions which the water would flow into and then into the ground where soils allow that. He does not know if that is necessary for what is being proposed. It is possible things could be modified so a little of both infiltration and landscaping could be done. The worst case there could end up being a section of fence along there to screen the cars. Commissioner Davis stated that area is not very deep and that she thought it could be nicely landscaped easily. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 4, 2017 Page 3 of 8 Chair Maddy asked if a copy of the traffic study can be found on the City’s website. Director Nielsen stated the ability to link to the study remotely is down at this time; it has been that way since March 31. The technology consultants are trying to resolve the problem. Director Nielsen stated if anyone wants a copy of the traffic study or any other part of the staff report he asked them to provide the City with their email address on the sign in sheet. Commissioner Riedel stated the study makes the assumption that there would not be an increase in traffic and he questioned that. He did not find there to be any justification for that assumption. Commissioner Davis stated it was also refuted by Starbucks during the March 7 Hearing. Riedel stated the statement that caught his attention was “The overall amount of traffic and the congestion that occurs because of the school is not likely to increase over time.” He thought that statement is questionable. Director Nielsen stated he thought the applicant may believe that they would be drawing from traffic already in the area; that would be somewhat logical. He then stated from his perspective if a driver traveling on Highway 7 decided they would stop at the coffee shop the next morning he does not think they would ever do that again because of the volume of traffic. Commissioner Sylvester asked if the data included in the Study report was aligned with data from the Minnesota Department of Transportation (MnDOT). Director Nielsen stated one of the recommendations included in the executive summary was to create another northbound lane at the intersection. Currently there are north, left and right turn lanes. MnDOT has considered doing that before this proposed project came before the City. Commissioner Bean clarified that currently at that intersection there is a dedicated left turn lane and there is a center-right lane; a driver could go northbound on Vine Hill Road or they could turn right and go eastbound on Highway 7. Bean stated there is only about a three-car queue space in the right turning space. Traffic is already backed up along the curve and past the Public Storage facility long before there is a chance to turn right. Bean noted that he has a number of questions about the study. He asked if there was anyone who could answer his technical questions. Director Nielsen encouraged Bean to ask his questions so the traffic engineer could address them. Bean stated the City has no control over the right-turn lane. Nielsen confirmed that and noted the City cooperates and coordinates with MnDOT. He clarified it is MnDOT’s right-of-way (ROW). He commented he was not sure why the City would object to what MnDOT is proposing. Chair Maddy asked Commissioner Bean if he was asking if approval of this application could be contingent on MnDOT adding a lane. Bean stated possibly contingent on reconfiguring the curve. Director Nielsen stated the City is aware that MnDOT wants to do something and commented that usually it comes down to MnDOT being willing to do what a city wants provided that the city pays for it. Commissioner Bean stated the study report indicates that area of Highway 7 has a posted speed of 50 miles-per-hour (mph). That posted speed has been increased to 55 mph. Bean then stated the report indicates there are 24-hour videos of the intersection. He asked how many cycles there are of them and how many of them were actually viewed. Commissioner Davis asked what CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 4, 2017 Page 4 of 8 days the recordings were done on. Director Nielsen stated staff will get that information. Someone from the audience stated the intersection was video recorded on a Monday and a Tuesday and not during spring break. Bean went on to state the report refers to Vine Hill Road E and Vine Hill Road W yet Vine Hill Road does not run east and west. Someone in the audience clarified that is the Vine Hill intersection and encouraged people to think of them as west of the site and east of the site. Bean noted that he will send his questions to staff and copy the other members of the Commission. Director Nielsen asked that they be sent to him and he will forward them on to the rest of the Commission. Commissioner Riedel stated there is a brief section in the report on non-site traffic forecasting. It pertains to any increase in traffic not related to the Starbucks facility; the assumption was there would not be any. He questioned that assumption. He would like an explanation for that analysis. He has read that traffic at the Minnetonka High School is increasing. Director Nielsen stated it could be based on the size of the School parking lot. However, there are a lot of parents of open enrollment students who drive the students to school. That volume could potentially increase. Commissioner Sylvester stated the Study report states the land-use is expected to produce approximately one-half the morning trips when compared to the alternative development which would be a coffee shop and fast food combination. She asked if that means that if the drive-thru is not approved there is an alternate plan. Dave Watson, the applicant with Watson Vinehill, LLC, stated the probable alternative would be to develop a non-drive-thru coffee shop along with some form of drive-thru fast food or a fast casual restaurant. In response to a comment from Commissioner Sylvester, Mr. Watson stated if the drive-thru portion of the proposal was not approved he would not just have a small coffee shop built. Chair Maddy stated if the applicant did not have a drive-up window he asked if a C.U.P. would not be required. Director Nielsen explained that for this application the drive-up window is what required the Public Hearing. If it was just a permitted use in that C -1, General Commercial district it would still have to go through a site plan review. Chair Maddy re-opened the Public Testimony portion of the Public Hearing at 7:24 P.M. Rose DeSanto, 5111 Valley View Road, Minnetonka, stated it would take 20 years before newly planted maple and spruce trees look half way decent. They are slow growing trees, particularly spruce. There will also be a great deal of salt spread along the roadways in the winter and she does not think the spruce trees will tolerate the salt. Director Nielsen explained the spruce trees are a backdrop to the building; they are not in front by the road. If spruce trees are taken care of correctly they can grow about one foot a year. The minimum size the applicant is supposed to plant is about six feet. He reiterated that for the most part it is decorative landscaping and not required screening. Near Vine Hill Road those trees should be an effective screen. Six-foot trees start to block out cars effectively. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 4, 2017 Page 5 of 8 Ms. DeSanto stated six foot spruce trees would block very much. She then stated maple trees won’t have leaves very long. Director Nielsen stated maple trees do not screen anything, noting that is not the intent of the maple trees. Paul Stelmacher, 5210 Shady Lane, Shorewood, stated that MnDOT has already graded that intersection as “F”. He questioned the value of entertaining another traffic study done by a consultant who could be somewhat biased in favor of the firm that hired him. He also questioned why something would be added that would exacerbate the current situation and not make it safer. Until that intersection is improved he cautioned against doing anything that would make the traffic at the intersection worse. Susan Hambor, 5146 Valley View Road, Minnetonka, noted her property is located right across Vine Hill Road south. They also own the property located at 5147 Valley View Road and the log house at the corner of Delton Avenue and Valley View Road. She thought it was senseless that people were considering having a coffee shop there with a drive-thru. She noted there are two times during the day when they cannot get off of Valley View Road. They are at a dead stop at those times. She had to always leave for work one hour early so she could get out of her neighborhood. She anticipates that same thing would happen for the proposed drive-thru. She stated they have a hard time renting their rental units to anyone who has children because of existing traffic to and from the High School. She noted the traffic at the High School did increase because the size of the parking lot was increased last summer and more permits were given outs. People coming from the School “scream” through her neighborhood especially during the afternoon on a beautiful day. The residents in her neighborhood have wanted their road blocked off. She anticipates that if the proposed project moves forward drivers will be stuck in the parking lot of the site. She agreed that people would not go to the drive-thru more than once because of traffic. Thomas Millen, 5117 Vine Hill Road, Minnetonka, stated his property is located directly across from the proposed project site and therefore would be greatly impacted. He asked why the application is being considered further because it has already been recognized that traffic in that area is a significant problem. He also questioned the need for a traffic study because it has already proved to be an issue. He suggested locating the proposed drive-thru coffee shop a quarter of a mile to the east where there is an existing shopping center. He thought it was counter intuitive to put it in the proposed location. His children are not allowed to play in their front yard for safety reasons. He noted that drivers frequently use his driveway as a turnaround. He stated that there would still be a traffic issue even if there was not a drive-thru coffee shop. Chair Maddy stated the reason for having another traffic study done is primarily because of the Fourteenth Amendment which requires that all property owners have to be treated the same. The Planning Commission cannot prejudge the application until it goes through the public hearing process even though there is a busy intersection in the area. Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:32 P.M. Riedel moved, Bean seconded, continuing the Public Hearing for a conditional use permit for a coffee shop with drive-thru service and outdoor seating for the properties located at 19245 and 19285 State Highway 7 to the Planning Commission’s May 2, 2017, Planning Commission meeting. Motion passed 5/0. Chair Maddy continued the Public Hearing at 7:33 P.M. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 4, 2017 Page 6 of 8 2. PUBLIC HEARING – CONDITIONAL USE PERMIT for ACCESSORY SPACE OVER 1200 SQUARE FEET Applicant: Joel and Lori Schuenke Location: 4485 Enchanted Point Chair Maddy opened the Public Hearing at 7:34 P.M., noting the process will be the same as for the previous item. He 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 Joel and Lori Schuenke, 4485 Enchanted Point. Director Nielsen explained that Joel and Lori Schuenke own the property located at 4485 Enchanted Point. They propose to demolish the existing home on the property and build a new home with both attached and detached garages. The floor area of the two garages exceeds 1200 square feet of floor area, requiring a C.U.P. The property is zoned R-1C/S, Single-Family Residential Shoreland and contains approximately 80,841 square feet of area. The proposed home will contain 5295 square feet of floor area between two floors. The attached garage will contain 983 square feet and the detached garage will have 991 square feet for a total of 1974 square feet of accessory space. With regard to the analysis of the case, he explained Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific criteria for granting this type of C.U.P. He reviewed how the applicants’ proposal complies with the Code: a. The total area of accessory space (1974 square feet) does not exceed the total floor area above grade of the principle structure (5295 square feet). b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R- 1C/S zoning district (.10 x. 20,000 square feet = 2000 square feet). c. The proposed home complies with the setback requirements for the R-1C/S zoning district. The proposed detached garage, however, is 12.7 feet from the easterly side of the lot. In order to maintain a total side yard setback of 30 feet with no one side less than 10 feet, the detached garage must be moved at least 5.8 feet to the west. Proposed impervious surface would be 12.6 percent, about one half of the 25 percent allowed. Given the size of the property and the amount of existing vegetation on the site, drainage and landscaping are not considered to be issues in this request. The applicants’ tree preservation and reforestation plan requires 15 replacement trees. d. The materials and design of the new garage would be consistent with the character of the existing house and garage. Nielsen noted that based upon the analysis of the case staff recommends granting the C.U.P. as proposed. Director Nielsen explained that for corner lots, which the subject property is, the Ordinance states that the narrowest width on a public street is the front of the lot. For this property the lake side is the rear of the property. There was ensuing discussion about side yard setbacks. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 4, 2017 Page 7 of 8 Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony portion of the Public Hearing at 7:44 P.M. Riedel moved, Davis seconded, recommending approval of a conditional use permit for accessory space over 1200 square feet for Joel and Lori Schuenke, 4485 Enchanted Point, subject to moving the detached garage at least 5.8 feet to the west. Motion passed 5/0. Director Nielsen noted Council will consider this item during its April 24 meeting. Chair Maddy closed the Public Hearing at 7:46 P.M. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. OLD BUSINESS / NEW BUSINESS Update Schedule for Liaison to Council Council Liaisons were selected as follows: April 2017 Commissioner Bean May 2017 Commissioner Sylvester June 2017 Commissioner Davis July 2017 Chair Maddy August 2017 Commissioner Bean September 2017 Commissioner Riedel 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is the continuation of the Public Hearing for the conditional use permit for a coffee shop with drive-thru service and outdoor seating for the properties located at 19245 and 19285 State Highway 7 slated for the May 2, 2017, Planning Commission meeting. There are also a setback variance request, a redo of a minor subdivision, a conditional use permit for accessory space over 1200 square feet, and a minor subdivision slated for that meeting. 6. REPORTS • Liaison to Council Council Liaison Sundberg stated the local Partners in Energy Program with Xcel Energy is having its first meeting tomorrow. The meeting is scheduled to be four hours long. She noted the new City Clerk starts on April 10; she has a great deal of experience. She also noted Council will interview a candidate for the Planning Director position on April 10. • SLUC Commissioner Davis noted the next Sensible Lane Use Coalition (SLUC) session is about Super Bowl LII. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 4, 2017 Page 8 of 8 Director Nielsen stated when the short-term housing rental ordinance was approved there was some discussion about possibly making exceptions for the Super Bowl. Commissioner Davis stated she would like to attend that session. In response to a question from Commissioner Sylvester, Director Nielsen explained what SLUC’s purpose is and who participates at sessions. Commissioner Sylvester stated she would also like to attend. • Other 7. ADJOURNMENT Davis moved, Riedel seconded, adjourning the Planning Commission Meeting of April 4, 2017, at 7:55 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder � #sB MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Schuenke—Conditional Use Permit for Accessory Space Meeting Date: 24 April 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 for the property at 4485 Enchanted Point to allow accessory space in excess of 1200 square feet? Background: See attached memorandum. The Planning Commission held a public hearing at its 4 April meeting to consider this application. The Commission voted unanimously to recommend approval of the C.U.P. as presented. Financial or Budget Considerations: The application fee paid by the applicant covers the cost of processing the application. Options: Approve the CUP; modify the CUP; or deny the CUP. Recommendation/Action Requested: Adoption of the attached resolution is recommended. Next Steps and Timelines: Upon approval of the resolution, a building permit for the proposed garage may be issued. Connection to Vision/Mission: Sustainable tax base. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Ji f !i f f, f MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road 9 Shorewood, Minnesota 55331 •952- 960 -7900 Fax: 952 - 474 -0128 • www.d.shorewood.mmus • cityhall@ci.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 30 March 2017 RE: Schuenke, Joel and Lori - Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (17.08) BACKGROUND Joel and Lori Schuenke own the property at 4485 Enchanted Point (see Site Location — Exhibit A, attached). They propose to demolish the existing home on the property and build a new home with both attached and detached garages, as shown on Exhibit B. The floor area of the two garages exceeds 1200 square feet of floor area, requiring a conditional use permit. The property is zoned R -1C, Single- Family Residential and contains approximately 80,841 square feet of area. The proposed home, shown in Exhibits C -E, will contain 5295 square feet of floor area between two floors. The attached garage will contain 983 square feet and the detached garage will have 991 square feet for a total of 1974 square feet of accessory space. 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: a. The total area of accessory space (1974 square feet) does not exceed the total floor area above grade of the principle structure (5295 square feet). b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R- 1C /S zoning district (.10 x. 20,000 square feet = 2000 square feet). C. The proposed home complies with the setback requirements for the R -1 C/S zoning district. The detached garage, however, is 12.7 feet from the easterly side of the lot. In order to maintain a total side yard setback of 30 feet with no one side less than 10 feet, the detached garage must be moved at least 5.8 feet to the west. Proposed impervious surface, at 12.6 percent is well below the maximum Memorandum Re: Schuenke CUP 30 March 2017 25 percent. Given the size of the property and the amount of existing vegetation on the site, drainage and landscaping are not considered to be issues in this request. The applicants' tree preservation and reforestation plan (Exhibit G) requires 15 replacement trees'. d. As shown on Exhibit F, the materials and design of the new garage will be consistent with the character of the existing house and garage. In light of the preceding, the applicants' request is considered to be consistent with the requirements of the Shorewood Zoning Code. It is therefore recommended that the conditional use permit be granted as requested. 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UQ MM =to In °m �jo°' -9m :: o'E 11 II o'-oQ °'m E Exhibit {.D M tii °- N N N v ... ° c a ;v CL o. o N m II II U 0 Q Q c m 3 II II w u Elilliblt i3 , ° NZ °°°° ° o �° z W >>`Y=°" ' °2°_° PROPERTY SURVEY a .°� FS .°� ��w° v ¢ 0. 4(o d° o o° o W o tY o •x oC o p o w o o L o o'c o° p d o 0 co 1- (n tn� m N Q xoc�3u M' c� I xc�03t tn0 t- GENERAL EXTERIOR NOTES: 1. ALL EXT. TRIM TO BE FLASHED PER CODE. 2. SUPPLY DRIPCAPS ON ALL WINDOWS AND DOORS. 3. SUPPLY SEPARATION BETWEEN WOOD, COMPOSITE WOOD AND ANY OTHER WOOD MATERIAL PER SPECIFICATIONS. 4. SUPPLY AT LEAST 6" OF SPACE BETWEEN BOTTOMS OF WINDOWS AND ROOFS. 5. GRADE CONDITIONS MAY VARY ON SITE. 6. PROVIDE ROOF AND SOFFIT VENTS PER IRC CODE REGULATIONS. 7. ALL FURNACE FLUES, PLUMBING VENTS, FIREPLACE VENTS AND OTHER PENETRATIONS THROUGH ROOF OR WALLS TO EXTEND THROUGH REAR OF HOME WHENEVER POSSIBLE. 8. ALL PENETRATIONS THROUGH EXTERIOR WALLS OR ROOFING MUST BE SEALED AND FLASHED PER MANUF. SPECIFICATIONS AND IRC CODE REGULATIONS. z121�CHES 9. DOTTED AREA ON ROOF PLAN INDICATES LOCATION OF ICE/WATER BARRIER. 10. HOLD STONE OFF GRADE MINIMUM OF 3 ". 11. REFER TO MANUF. SPECIFICATIONS FOR STONE. 12. GARAGE BUCK BOARD MATERIAL IS TO BE COMPOSITE WOOD AND SIZED TO COVER THE EDGE OF STONE. 14.ALL BEAMS HOLDING UP PORCH ROOFS ARE TO BE DROPPED UNLESS OTHERWISE NOTED. 128 mm i 12 INCHES BOXED OUT GABLE AREA EXTENDED 10' FROM FACE OF GABLE VN SNIART -PANEL 8 6' FRIEZEITRIM AROUND EDGES W7 (4) EQUALLY SPACED 6X6%6 DECO. BRACKE J I � I I slw — I I I I I _L I I I I --- -Lrl 1r- -- -- BOXED OUT GABLE AREA EXTENDED 10- FROIr1 FACE OF GABLE VW SMART -PANEL OVER FACE 8 6' FRIEZEFTRINI AROUND EDGES WP (5) EQUALLY SPACED 6X6X6 DECO. BRACKETS BELOW 2' TALL 8XB CEDAR BRACKET TICALLY 7 W9 8X8 ANGLED BOTH MEMBERS 12 MESE3 FRONT ELEVATION 1 1/4. = 1 -0° SCALE: 1/4" = V -0" BOXEDOUTGAILE EXTENDEDIC FROM FACE OF GA E SMART - PANEI u�1i2S 'EQUALLY O D EDGES W9(3) EQUALLY SPACED 6 DECO.BRACKI ■■N �N—j 'r— 0■ LITTFIN I DESIGN 0 U O U z o x W 0 a fill a M ALL PLANS & DESIGNS SHOWN ARE THE PROPERTY OF LII FIN DESIGN, USE OF THESE PLANS ON ANY OTHER PROJECT/LOT OTHER THAN NOTED ON THIS TITLEBLOCK WITHOUT THE WRITTEN CONSENT OF LITTFIN DESIGN IS PROHIBITED. ©COPYRIGHT 2016 ALL ftANS B DESIGNS TO BE VERFED BY COtRRA— PRIOR TO CONSTRUCTb1L DI!JF1AI.YJS TO EE vERtcIEDJ REVENED DURItJG CIXJSTRUCTbN- ALTERATV NS TO REREViEYED BY CCR,STRUCT— DEFECTB AIJDOR FACE I coca. eunnr.+c oRRYNLPRpR To COtIBtRUCTPCtt W U Z Z I- �_ 0 O U) I w W Q O Y Z = W U w 2 Z o Ln F 00 V/ INITIAL DRAW DATE:11 -16 -16 DRAW7J DY: LD CURRENT DATE: 1 -12 -17 REVISION DATE 1 I I I 1, ev. 1sf flr walls 1 -12 -17 _____h____________ AT.____________4__.Lt rev. 2nd flr walls 1 -72 -77 ------------- r-. ------------ i__� Exhibit C PROPOSED FRONT ELEVATION NEW HOME GENERAL EXTERIOR NOTES: 1. ALL EXT. TRIM TO BE FLASHED PER CODE. 2. SUPPLY DRIPCAPS ON ALL WINDOWS AND DOORS. 3. SUPPLY SEPARATION BETWEEN WOOD, COMPOSITE WOOD AND ANY OTHER WOOD MATERIAL PER SPECIFICATIONS. 4. SUPPLY AT LEAST 6" OF SPACE BETWEEN BOTTOMS OF WINDOWS AND ROOFS. 5. GRADE CONDITIONS MAY VARY ON SITE. 6. PROVIDE ROOF AND SOFFIT VENTS PER IRC CODE REGULATIONS. 7. ALL FURNACE FLUES, PLUMBING VENTS, FIREPLACE VENTS AND OTHER PENETRATIONS THROUGH ROOF OR WALLS TO EXTEND THROUGH REAR OF HOME WHENEVER POSSIBLE. 8. ALL PENETRATIONS THROUGH EXTERIOR WALLS OR ROOFING MUST BE SEALED AND FLASHED PER MANUF. SPECIFICATIONS AND IRC CODE REGULATIONS. 9. DOTTED AREA ON ROOF PLAN INDICATES LOCATION OF ICE /WATER BARRIER. 10. HOLD STONE OFF GRADE MINIMUM OF 3 ". 11. REFER TO MANUF. SPECIFICATIONS FOR STONE. 12. GARAGE BUCK BOARD MATERIAL IS TO BE COMPOSITE WOOD AND SIZED TO COVER THE EDGE OF STONE. 14.ALL BEAMS HOLDING UP PORCH ROOFS ARE TO BE DROPPED UNLESS OTHERWISE NOTED. KBIXeewm BOXED OUT GABLE AREA, EXTENDED 10' FROM FACE OF GABLE W SMMRT -PANEL OVER FACE 8 6' FRIEZEITRIPA AROUND EDGES W (3) 12WCHESEB El I "--2 TALL DECORATIVE 8X8 CEDAR BRACKET I I I EXTENDED OUT VERTICALLY 2'1A78XS ANGLED I I BRACKET BETWEEN BOTH MEMBERS I _ _ _ _ — _ — _ _ _ 1 �,,, ■■■ 1111 III MEN NINE 2' TALL DECORATIVE 8X8 CEDAR BRACKET EXTENDED OUT VERTICALLY 2' Vd BX8 ANGLED BRACKET BETWEEN BOTH MEMBERS 6X6 POSTS P.T. F TS WI IVRAP TO IAAKE UB -TYP 7 TALL DECORATIVE BX8 CEDAR BRACKET EXTENDED OUT VERTICALLY 7 V11 8X8 ANGLED BRACKET BETWEEN BOTH MEMBERS REAR ELEVATION o s I va. = r -o° SCALE: 1/4" = 1' -0" g'zi4" irl r 115: LITTFIN I DESIGN 0 0 o U ch � x o FI a b ALL PLANS & DESIGNS SHOWN ARE THE PROPERTY OF LITTFIN DESIGN. USE OF THESE PLANS ON ANY OTHER PROJECT /LOT OTHER THAN NOTED ON THIS TITLEBLOCK WITHOUT THE WRITTEN CONSENT OF LITTFIN DESIGN IS PROHIBITED. ©COPYRIGHT 2016 ALL PIANS L DESISN S TO BE VERIr'ED BY COtRRAOTOR PRl - — STRUCTIOPI. DWENBUISTO BE VERGEN REVBtltEOp CC116TRUCTIC tI1 TO eE REVISED BY E61GP.ERIENGI':EER. DESIGUER Is NOT G RESPORUG FOR TRADE ERRORS, CO'ISTRUCTKJN DEFECTS AND OR Ex)sTC1G ISSUE6 cURRE1mY ON SITE. �1Af16 TO 6E R EVIE1'.ED(MPROV FD FE3i LOCALBU IlDWOFFICI4LPR tTO CON6TPUOTIIX1 W U Z W z ��D O n W p �/ LJ.. w Y Z U W Lo U F 00 U) vJ fT60TlYAa DATE A3 Exhibit D PROPOSED REAR ELEVATION BOXED OUT GABLE AREA, EXTENDED 10- FROM FACE OF GABLE VJ SMART -PANEL OVER FACE 8 6' FRIEZEITRRA AROUND EDGES VV (5) z12 EQUALLY SPACED 6X6X6 DECO. BRACKETS BELOW 2' TALL DECORATIVE 8X8 CEDAR BRACKET EXTENDED OUT VERTICALLY 2' Vd BX8 ANGLED BRACKET BETWEEN BOTH MEMBERS 6X6 POSTS P.T. F TS WI IVRAP TO IAAKE UB -TYP 7 TALL DECORATIVE BX8 CEDAR BRACKET EXTENDED OUT VERTICALLY 7 V11 8X8 ANGLED BRACKET BETWEEN BOTH MEMBERS REAR ELEVATION o s I va. = r -o° SCALE: 1/4" = 1' -0" g'zi4" irl r 115: LITTFIN I DESIGN 0 0 o U ch � x o FI a b ALL PLANS & DESIGNS SHOWN ARE THE PROPERTY OF LITTFIN DESIGN. USE OF THESE PLANS ON ANY OTHER PROJECT /LOT OTHER THAN NOTED ON THIS TITLEBLOCK WITHOUT THE WRITTEN CONSENT OF LITTFIN DESIGN IS PROHIBITED. ©COPYRIGHT 2016 ALL PIANS L DESISN S TO BE VERIr'ED BY COtRRAOTOR PRl - — STRUCTIOPI. DWENBUISTO BE VERGEN REVBtltEOp CC116TRUCTIC tI1 TO eE REVISED BY E61GP.ERIENGI':EER. DESIGUER Is NOT G RESPORUG FOR TRADE ERRORS, CO'ISTRUCTKJN DEFECTS AND OR Ex)sTC1G ISSUE6 cURRE1mY ON SITE. �1Af16 TO 6E R EVIE1'.ED(MPROV FD FE3i LOCALBU IlDWOFFICI4LPR tTO CON6TPUOTIIX1 W U Z W z ��D O n W p �/ LJ.. w Y Z U W Lo U F 00 U) vJ fT60TlYAa DATE A3 Exhibit D PROPOSED REAR ELEVATION 0 2' 4' 8' LEFT ELEVATION 1 1/4^ = r-m SCALE: 1/4" = 1' -0" IX4pMfWhtFl Oi RIGHT ELEVATION v ` 4 a �■ 1/4' _ I SCALE: 1/4" = 1' -0" Exhibit E PROPOSED SIDE ELEVATIONS GENERAL EXTERIOR NOTES: 1. ALL EXT. TRIM TO BE FLASHED PER CODE. 2. SUPPLY DRIPCAPS ON ALL WINDOWS AND DOORS. 3. SUPPLY SEPARATION BETWEEN WOOD, COMPOSITE WOOD AND ANY OTHER WOOD MATERIAL PER SPECIFICATIONS. 4. SUPPLY AT LEAST 6" OF SPACE BETWEEN BOTTOMS OF WINDOWS AND ROOFS. 5. GRADE CONDITIONS MAY VARY ON SITE. 6. PROVIDE ROOF AND SOFFIT VENTS PER IRC CODE REGULATIONS. 7. ALL FURNACE FLUES, PLUMBING VENTS, FIREPLACE VENTS AND OTHER PENETRATIONS THROUGH ROOF OR WALLS TO EXTEND THROUGH REAR OF HOME WHENEVER POSSIBLE. 8. ALL PENETRATIONS THROUGH EXTERIOR WALLS OR ROOFING MUST BE SEALED AND FLASHED PER MANUF. SPECIFICATIONS AND IRC CODE REGULATIONS. 9. DOTTED AREA ON ROOF PLAN INDICATES LOCATION OF ICENVATER BARRIER, 10. HOLD STONE OFF GRADE MINIMUM OF 3 ". 11. REFER TO MANUF. SPECIFICATIONS FOR STONE. 12. GARAGE BUCK BOARD MATERIAL IS TO BE COMPOSITE WOOD AND SIZED TO COVER THE EDGE OF STONE. 14.ALL BEAMS HOLDING UP PORCH ROOFS ARE TO BE DROPPED UNLESS OTHERWISE NOTED. LEFT ELEVATION D 2' 4' e' 1 114 - V-0' Eiiiii SCALE: 1/4" = l'—O" RIGHT ELEVATION ® e J 1/4" = 1' -0' SCALE: 1/4" = 1' -0" ------------------------------- - - - - -- D 2, — - --e, )FRONTELEVATION I I SCALE: 1/4" = 1' -0" REAR ELEVATION D ■ �' a' SCALE: 1/4" = 1' -0" 0-�- LITTFIN I DESIGN 0 o U 0 x a alM ALL PLANS & DESIGNS SHOWN ARE THE PROPERTY OF LITTFIN DESIGN. USE OF THESE PLANS ON ANY OTHER PROJECT /LOT OTHER THAN NOTED ON THIS TITLEBLOCK WITHOUT THE WRITTEN CONSENT OF LITTFIN DESIGN IS PROHIBITED. © COPYRIGHT 2016 ALL PLANS & DEIGNS TO EE VERSED 6Y --l-T. _'STRUCTION. D11-4 IONS TO EE vERIEEw REVIE4LEO DUR11� CIXISTRUC@JN- ALTERATIOtAS TO EE REVIEVrEO 0'! DESIGtE WFNGCJEER. DESIGNER IS M1Qi R ESFONS ®LE FOR TRADE ERRORS, CCtISTRUCTIOtI DEFECTS AND OR _T 1- GSUES CURREIfILY Otl SRE PIANSTO 6E REVIE44E0/AFPR04E0 PER LOCAL OUCONSTRUCT ALFRKKi TO COIISTRUCTIIXL W U Z Z I— z O w W W `W z O v Q Z = cf) W U F W o 3 U Q Oo co U r U O INITIAL DRAW DATE:11.15.16 DRAWN BY: LD CURRENT DATE: 1 -12 -17 REVISION DATE rev. li l flr ls 1 -12-17 rev. nd flr walwalls 14247 uf Exhibit F PROPOSED DETACHED GARAGE ELEVATIONS NN C C d0 N � •p U y 0 Q A va v�ic y ° _ � .�/i• � o,+T• +N U) d m o �... 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M. O N M }a�} N. h oo m O r N M '.} to f0 h W W 0• > W d' N M O O M t0 (O [O (O O (o h r- h h M W M M M W M C9 CO M (A (A D) Q) m m m m 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N M M M M M M M M M V' r} V V V' 'd' •f V' �O N In l0 N N V1 TREE PRESERVATION AND w w¢QQmoU� W ° W Fmmmcommmmmmmmmmmmmmmmmmmeommmmmmmmmmmmmmhooroc000mcoeommwwr00000000aoau00000omeoaommcomm000moo0oroc000ao oOOMcoto oommwoommmoom Q m m= a o REFORESTATION PLAN W N ° `m hlSy6F,6,I -� ^/ . NS `D(� 1.+ i � / / �P c - > o ° ca w o= E > c�� ` o U o m ° y 2 c ``� / / 1J -- g34i 93 rn LL) a w C C m N 00 A t,- ° O o.o g�, tY r of L :5 E °`o �/ an o. N �� ��' N ~O M^ �� ff�� n �+ ®® iZ��SO��J - ZF6 1 f� ) / m W �' N N w W L O v -t Z d�J/ y �y 4Y f1 +°+ U U N N ' \f� L C9 0 ` '20� r 3 /�/1! /g X rn rn oo` ° z rn Z Y 0 wQ 3 o ��toro o ° N X1,.1 {1J Or L.0 ° 6.d.• O (A n X - C N iiiJ� i i� Yi.� W (? 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M. O N M }a�} N. h oo m O r N M '.} to f0 h W W 0• > W d' N M O O M t0 (O [O (O O (o h r- h h M W M M M W M C9 CO M (A (A D) Q) m m m m 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N M M M M M M M M M V' r} V V V' 'd' •f V' �O N In l0 N N V1 TREE PRESERVATION AND w w¢QQmoU� W ° W Fmmmcommmmmmmmmmmmmmmmmmmeommmmmmmmmmmmmmhooroc000mcoeommwwr00000000aoau00000omeoaommcomm000moo0oroc000ao oOOMcoto oommwoommmoom Q m m= a o REFORESTATION PLAN �LINN(�:TQ. ,t r John E. Grzybek Commodore, Upper Minnetonka Yacht Club 4165 Shoreline Drive Spring Park, Minnesota 55384 -9659 (651) 592 -0945 (cell phone) 24 March Friday 2017 City of Shorewood Planning Department 5755 Country Club Road Shorewood, Minnesota 55331 Re: Joel and Lori Schuenke, 4485 Enchanted Point Conditional Use Permit Application Dear Sir: PM 4 We have reviewed the conditional use permit application of Joel and Lori Schuenke to build a detached garage, in addition to an attached garage (as an accessory space) to their home under construction at 4485 Enchanted Point. The Upper Minnetonka Yacht Club Marina is located at 4580 Enchanted Point Road. Our Club has no objection to the application as presented. Please call me if you have any questions. Sincerely, j John E. ybek l %� Commodore, Upper Wnn tonk Yacht Club CITY OF SHOREWOOD RESOLUTION NO. _________ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO JOEL AND LORI SCHUENKE WHEREAS , Joel and Lori Schuenke (Applicants) are the owners of real property located at 4485 Enchanted Point, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS , the Applicants have applied to the City for a Conditional Use Permit for the construction of a detached garage, the area of which, when added to the area of a new attached garage space on the property, will bring the total area of accessory space on the property up to 1974 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 30 March 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 4 April 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 24 April 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 the R-1C/S, Single-Family Residential/Shoreland zoning district and contains approximately 80,841 square feet of area. 2. The total proposed accessory space (1974 square feet) does not exceed the floor area above grade of the principal structure (5295 square feet). 3. The total area of accessory space does not exceed 10% of the minimum lot area for the R-1C/S zoning district in which it is located (2000 square feet). 4. The design and materials of the proposed detached garage are compatible with the architectural character of the new home and the neighborhood in which it is located. 5. The subject garage must be moved at least 5.8 feet to the west in order to comply with all setback requirements for the R-1C/S zoning district. CONCLUSION A. The application of Joel and Lori Schuenke for a Conditional Use Permit as set forth herein above be and hereby is granted. B. This approval is subject to the following: 1. The proposed detached garage must comply with setback requirements for the R-1C/S zoning district. 2. All garage space on the property will be used strictly for purposes of a residential nature. 3. The Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of garage space for other than allowable residential purposes must comply with such regulations. C. The City Clerk is hereby authorized and directed to provide the Applicant with a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. th ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 24 day of April, 2017. ATTEST: Scott Zerby, Mayor Sandy Thone, City Clerk -2- Legal Description: “Lot 15; That part of Lot 16, Block 1, lying southerly of the northerly 21.30 feet of said Lot 16, and west of the East 50.00 feet of said Lot 16; Lot 20 except that part thereof which lies easterly of a line drawn from the point of intersection of the South line of the North 21.30 feet of said Lot 16 with the East line of said Lot 20, to a point on the North line of said Lot 20 distant 25.58 feet Westerly, as measured along said North line, from the Northeast corner of said Lot 20; Lot 21 except that part of the N 1/2 of the W 1/2 lying Westerly of the following described line: Commencing at the Southwest corner of the North Half of the West Half of said Lot 21; thence on an assumed bearing of South 48 degrees 06 minutes 12 seconds East along the South line of said North Half of the West Half a distance of 14.00 feet to the point of beginning of the line being described; thence North 11 degrees 48 minutes 00 seconds East a distance of 25.92 feet; thence along a tangential curve concave to the East having a radius of 73.00 feet and central angle of 33 degrees 35 minutes 00 seconds a distance of 42.79 feet to a point of compound curvature; thence along a tangential curve concave to the southeast having a radius of 35.00 feet to its intersection with the East line of said N 1/2 of W 1/2, and said line there ending; All in Enchanted Park Lake Minnetonka.” Exhibit A -3- ® 9A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Accept Proposal for Professional Services for 2017 Pavement Reclamation Project. Meeting Date: April 24, 2017 Prepared by: Larry Brown, Director of Public Works Reviewed by: Paul Hornby, City Engineer Attachments Site Location Map, Proposal by WSB and Associates Policy Consideration: Should the City Council enter into an agreement with WSB and Associates, to prepare Plans, Specifications, Estimates, and perform Construction Engineering and Inspection services for the newly added pavement reclamation projects? Background: As staff has presented previously, many of the roadways that were programmed as "Mill and Overlay Projects" within the Capital Improvement Program (CIP) have been revised to a more complex reconstruction method of"Pavement reclamation." This process involves grinding up the entire roadway with sub-base materials, and placement of a new asphalt surface over the combined materials. Roadways that have been revised from bituminous overlay to pavement reclamation are listed below and shown in Attachment 1. • Summit Avenue from Murray Hill Road to Hummingbird Road • Howard's Point Road from Smithtown Road to north terminus • Echo Road from County Road 19 to County Club Road • Kathleen Court from Woodside to Cul-de-sac • Oak Ridge Circle from Grant Lorenz Road to Cul-de-sac Staff has solicited a revised proposal from WSB for the new scope of services. This includes: Proposed Services ■ Project management and coordination including meetings with City staff and the City Council. ■ Coordinate construction of the proposed project with private utility companies located in the improvement corridor. This coordination will include providing plan drawings to known affected utility companies. ■ Prepare final project and construction schedule. ■ Preparation of estimated quantities and detailed engineer's opinion of probable construction cost as it relates to the work outlined in our scope of services. 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 ■ Prepare final plans, project specific specifications, contract documents, and bidding forms. Specifications will be in accordance with the City of Shorewood standards and Mn/DOT standard specifications. ■ Topographic survey to establish road centerline and edge of pavement. ■ Coordinate project advertisement. We will distribute plans and specifications to the contractors, as well as any required addenda. Conduct a bid opening at City Hall and prepare a tabulation of bids and bid results letter for City Council consideration of award. ■ WSB will provide construction administration and observation including project management (construction meetings, utility coordination, contractor coordination, project close-out); construction observation; construction survey; and compliance review. Financial Considerations: The proposed fee is $83,900, as shown in Attachment 2. An hourly breakdown for the proposal is shown in Attachment 3. If approved, this would be funded from the Local Roadway Fund. Options: 1. Accept the proposal, as presented. 2. Reject the proposal and provide staff with alternative direction. Recommendation: Staff is recommending approval of a Motion that accepts the proposal presented by WSB and Associates. k 1 C � J W 4t q r 3 �b W QQ W V = O V i W Q N x + ! i i ; IrrI lei { . . . . } uj r• C a 3 j x f 4 r a •r= r R. t 5 w a + 1 H ZO Z _ W V = O V 0 W Q N WSB 477 Temperance Street St.PaUl,iNIN 55101 {6511 2813-8450 April 10, 2017 Honorable Mayor and Council Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Proposal for Professional Services 2017 Street Reclamation Improvement Project City of Shorewood Project No. 17-03 WSB Project No. 02925-25 Honorable Mayor and Council Members: WSB &Associates, Inc. is pleased to provide you with our proposal for the preparation of plans, specifications, bidding, and construction services for the 2017 Street Reclamation Improvement Project. This proposal replaces the 2017 Mill and Overlay proposal submitted on November 28, 2017 due to results from the geotechnical investigation that indicated that mill and overlay improvements were not a cost effective maintenance strategy to preserve roadways and reclamation is proposed. The proposed improvements include full-depth reclamation of the existing pavement and a bituminous overlay along the following roadways, in accordance with the Capital Improvement Plan and Pavement Management Plan: • Summit Avenue from Murray Hill Road to Hummingbird Road • Howard Point Road from Smithtown Road to north terminus • Echo Road from County Road 19 to County Club Road • Kathleen Court from Woodside to Cul-de-sac • Oak Ridge Circle from Grant Lorenz Road to Cul-de-sac Project Understanding The streets proposed for the 2017 Reclamation Improvement Project are part of the City of Shorewood's Street Improvement Program and have been budgeted within the City's Capital Improvement Plan for 2017. Roadways proposed to be reclaimed in 2017 have been identified as showing pavement distresses and the proposed improvements are to address these distresses in accordance with the City's Pavement Management Plan. Proposed improvements include bituminous pavement reclamation, spot curb and gutter replacement, and adjustment of gate valve, storm drain, and manhole castings as needed. Building a legacy—yoor legacy ATTACHMENT 2 Equal Opportunity Employet I .%sbong com K:�02925.250',AdminiDacs!Proposa6SHOR-2017 Reclamation Projecl.doa 2017 Street Reclamation Improvement Project—Professional Services Proposal April 10, 2017 Page 2 Proposed Services • Project management and coordination/meetings with City staff and the City Council. • Coordinate construction of the proposed project with private utility companies located in the improvement corridor. This coordination will include providing plan drawings to known affected utility companies. • Prepare final project and construction schedule. • Preparation of estimated quantities and detailed engineer's opinion of probable construction cost as it relates to the work outlined in our scope of services. • Prepare final plans, project specific specifications, contract documents, and bidding forms. Specifications will be in accordance with the City of Shorewood standards and Mn/DOT standard specifications. • Topographic survey to establish road centerline and edge of pavement. • Coordinate project advertisement. We will distribute plans and specifications to the contractors, as well as any required addenda. We will also attend the bid opening at City Hall and prepare a tabulation of bids and bid results letter for City Council consideration of award. • WSB will provide construction administration and observation including project management (construction meetings, utility coordination, contractor coordination, project close-out); construction observation; construction survey; and compliance review. We are proposing to complete the work on a cost-reimbursable basis in accordance with our 2017 fee schedule. Estimated fees for Preparation of Bid Documents (plans and Specifications), Bidding Services, and Construction Services are proposed in the amount of$83,900. Thank you for this opportunity to provide professional consulting services to the City of Shorewood. If this proposal is acceptable, please execute the signature block below and return as our authorization to proceed. Please do not hesitate to contact me at (651)286-8453 if you have any questions. Thank you. Sincerely, WSB&Associates, Inc. Nick Guilliams, P.E. Paul Hornby, P.E. Project Manager Associate K 102925-250'JAdmin',DocV ProposahSHOR-2017 Rectamaton Project docx 2017 Street Reclamation Improvement Project— Professional Services Proposal April 10, 2017 Page 3 PROPOSAL FOR: Final Design/Bidding Services and Construction Services— 2017 Street Reclamation Improvement Project, City Project 17-03 ACCEPTED BY: City of Shorewood, MN Name Title Date K-102925-250Wtlminl000StProKsaRSHOR-2017 Reclamation Project.O0 ) \ � @ §- \\§ \} t lt� I (\m � a ` 7 ( . / \ _2 _-_ -------- / ; } t / ) \ § � ) \ !( ® l:n::=:2::: z:n::::u:::n ~ _ `= a #9B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Public Hearing for Riviera Lane and Shorewood Lane Street and Utility Improvement Project,City Project 17-04 Resolution Ordering Improvements and Preparation of Plans and Specifications Meeting Date: April 24, 2017 Prepared by: Paul Hornby Reviewed by: Attachments: Resolution, comment card Background: On January 9, 2017, the Shorewood City Council authorized the preparation of an Engineering Feasibility Report for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project. The proposed improvement project is to include the reconstruction of Riviera Lane from Yellowstone Trail to the cul-de-sac and Shorewood Lane from Smithtown Road to the cul-de-sac. The Notice of Public Hearing on the proposed improvements was published in the Sun-Sailor on April 6, 2017, and on April 13, 2017, and the Notice of Public Hearing was sent to benefiting property owners in accordance with MS Chapter 429, on March 30, 2016. The public hearing is held to allow interested persons to voice their opinions of the proposed improvements,whether or not they are in the proposed assessment area. The portion of the improvements identified to be assessed to benefitting properties in the Feasibility Report is the extension of City watermain, including hydrants, services and appurtenances necessary to provide access to the City water distribution system in the improvement area. Individual connections to the water system from the service stub to each house are the responsibility of the property owner. The proposed street and drainage improvements identified in the Feasibility Report are not proposed to be assessed. A resident workshop was held on March 2, 2017, to inform property owners abutting the improvement area of the proposed improvements and to hear concerns of those affected by the improvements in the project area. Seven of the twenty three properties proposed for assessment were represented by the owners at the meeting. Comment cards were made available to residents in attendance of meeting. Only one (1) comment card has been received and has been included. The improvements described in the Feasibility Report are necessary, cost effective, and feasible and will result in benefit to the properties proposed to be assessed. The Feasibility Report is included in the City Council documents for your reference. Financial or Budget Considerations: The total estimated project cost for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project is approximately$2,312,500 for improvements including the watermain improvements along Riviera Lane Option 1 and $2,284,800 for improvements 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 including the watermain improvements along Riviera Lane Option 2. Funding for the project will be provided through the City's Street Reconstruction Fund, Storm Water Fund, Sanitary Sewer Fund, Watermain Fund, and assessments to benefiting properties (for watermain extension only). Street Improvements Total- $1,287,500 Street Improvement Fund $1,012,300 Sanitary Sewer Fund $ 27,000 Storm Water Fund $ 248,200 Watermain Improvements Total with Riviera Option 1- $1,025,000 Water Fund $ 717,200 Assessment to Benefitting Properties $ 307,800 Watermain Improvements Total with Riviera Option 2- $ 997,300 Water Fund $ 689,500 Assessment to Benefitting Properties $ 307,800 100%Assessment ONLY for watermain improvements along Riviera Lane and Shorewood Lane to 23 benefitting properties Estimate of assessment amount Single-Family Residential $11,620 per parcel Multi-Family Residential $17,430 per parcel It should be noted that the 2017 Water Fund does not have a dedicated budget for extension of waterman for these streets, but as the City has in the past,we are including extension of the watermain with the reconstruction of a street for Council review and consideration. The capital improvement plan does provide a budget of$1,082,000 for the street, drainage and sanitary sewer I & I reduction improvements. Options: The City Council has previously received the Feasibility Report and can order the improvement as defined in the report or reduce, but not increase the extent of the improvement as stated in the notice of hearing. City Council may want to consider the following in ordering the public improvements: 1. Order the improvements as stated in the Feasibility Report for watermain Option 1. 2. Order the improvements as stated in the Feasibility Report for watermain Option 2. 3. Order the improvements as stated in the Feasibility Report with roadway, sanitary sewer, and drainage improvements only. 4. Other improvement considerations of the Council 5. Continue the Public Hearing to a later date 6. Take no action at this time (Council has 6 months after the date of public hearing to adopt the Resolution ordering the improvement) Resolutions for Options 1, 2 and 3 above have been prepared for Council consideration. Council action ordering the improvement that includes the improvements proposed for assessment requires a super majority vote of all members of the Council. Recommendation/Action Requested: Staff recommends the City Council pass Resolution 17 Ordering the Project and Authorizing the Preparation of Plans and Specifications for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project, City Project 17-04 with options as determined by the Council. Next Steps and Timelines: City staff will initiate preparation of plans and specifications with the City consultant WSB. WSB will provide a Professional Services Agreement for the preparation of plans and specifications for the next Council meeting. A Resident Workshop will be held with residents in the improvement area to review the design and to answer general questions about the project. CITY OF SHOREWOOD RESOLUTION NO. 17- A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RIVIERA LANE AND SHOREWOOD LANE STREET AND UTILITY IMPROVEMENT PROJECT CITY PROJECT 17-04 WHEREAS, a resolution of the City Council adopted the 13'' day of March, 2017, fixed a date for a Public Hearing on Improvement No. 17-04, the proposed improvements including the watermain improvements Options 1 and 2 as part of the improvement project of Riviera Lane from Yellowstone Trail to the south cul-de-sac and Shorewood Lane from Smithtown Road to the north cul-de-sac, pursuant to Minnesota Statutes Chapters 429.011 to 429.111, and WHEREAS, it is proposed to reconstruct Riviera Lane and Shorewood Lane by installing a new roadway subgrade, concrete curb and gutter, aggregate base, bituminous paving, storm sewer, sanitary sewer repairs, and watermain extension as proposed for Option 1, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 24h day of April, 2017, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 24'' day of April, 2017. 3. The improvement includes extension of watermain, services and appurtenances as generally described in the feasibility report for watermain improvements Option 1 dated March 13, 2017 with assessment to benefitting properties identified in the preliminary assessment roll and feasibility report. 4. The Project is in conformity with the Shorewood Comprehensive Plan and Capital Improvement Plan which have been adopted in accordance with the requirements of Minnesota Statutes Chapter 462. 5. Preparation of plans and specifications for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project is authorized. 6. WSB is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24h day of April, 2017. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk CITY OF SHOREWOOD RESOLUTION NO. 17- A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RIVIERA LANE AND SHOREWOOD LANE STREET AND UTILITY IMPROVEMENT PROJECT CITY PROJECT 17-04 WHEREAS, a resolution of the City Council adopted the 13'' day of March, 2017, fixed a date for a Public Hearing on Improvement No. 17-04, the proposed improvements including the watermain improvements Options 1 and 2 as part of the improvement project of Riviera Lane from Yellowstone Trail to the south cul-de-sac and Shorewood Lane from Smithtown Road to the north cul-de-sac, pursuant to Minnesota Statutes Chapters 429.011 to 429.111, and WHEREAS, it is proposed to reconstruct Riviera Lane and Shorewood Lane by installing a new roadway subgrade, concrete curb and gutter, aggregate base, bituminous paving, storm sewer, sanitary sewer repairs, and watermain extension as proposed for Option 2, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 24h day of April, 2017, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 24'' day of April, 2017. 3. The improvement includes extension of watermain, services and appurtenances as generally described in the feasibility report for watermain improvements Option 2 dated March 13, 2017 with assessment to benefitting properties identified in the preliminary assessment roll and feasibility report. 4. The Project is in conformity with the Shorewood Comprehensive Plan and Capital Improvement Plan which have been adopted in accordance with the requirements of Minnesota Statutes Chapter 462. 5. Preparation of plans and specifications for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project is authorized. 6. WSB is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24h day of April, 2017. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk CITY OF SHOREWOOD RESOLUTION NO. 17- A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RIVIERA LANE AND SHOREWOOD LANE STREET AND UTILITY IMPROVEMENT PROJECT CITY PROJECT 17-04 WHEREAS, a resolution of the City Council adopted the 13'' day of March, 2017, fixed a date for a Public Hearing on Improvement No. 17-04, the proposed improvements including the watermain improvements Options 1 and 2 as part of the improvement project of Riviera Lane from Yellowstone Trail to the south cul-de-sac and Shorewood Lane from Smithtown Road to the north cul-de-sac, pursuant to Minnesota Statutes Chapters 429.011 to 429.111, and WHEREAS, it is proposed to reconstruct Riviera Lane and Shorewood Lane by installing a new roadway subgrade, concrete curb and gutter, aggregate base, bituminous paving, storm sewer and sanitary sewer repairs, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 24h day of April, 2017, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 24'' day of April, 2017. 3. The Project is in conformity with the Shorewood Comprehensive Plan and Capital Improvement Plan which have been adopted in accordance with the requirements of Minnesota Statutes Chapter 462. 4. Preparation of plans and specifications for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project is authorized. s. WSB is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24h day of April, 2017. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk r, M f v, I P" 90„ a' Jr W"4 CIO rn i r p µ rr" y ul r r w ® 9C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Discussion of Mill Street Speed Concern Meeting Date: April 24, 2019 Prepared by: Larry Brown, Director of Public Works Reviewed by: Paul Hornby, City Engineer Attachments Site Map, Email Correspondence, SLMPD Speed Report, Speed Analysis Decision Tree, Quote DFB Signs Policy Consideration: Should the City Council install traffic calming measures on Mill Street, which is County Road 82? Background/ Previous Action: On February 13, 2017, Ms. Maureen Fuhr of 5925 Mill Street, along with Mr. Mark Rouf, 5935 Mill Street, appeared before the Shorewood City Council to voice their concerns regarding speed along Mill Street. It is noted that Mill Street is County Road 82 that is owned and managed by Hennepin County. Mill Street extends from the City of Excelsior, through Shorewood, and ultimately to the City of Chanhassen, where it turns into "Powers Boulevard." As a motorist travels from Excelsior to Chanhassen, the speeds increase from a 30 mph speed limit, to a 50 mph speed limit at the Chanhassen—Shorewood boundary. It is noted that this same boundary is the boundary between Hennepin County and Carver County, as shown in Attachment 1. Staff is also in receipt of supporting email correspondence from Ms. Fuhr, included as Attachment 2 to this report. In accordance with the City's adopted speed policy evaluation process (Attachment 3,) the SLMPD set up a radar speed detection device to record volume and speed data. A radar measuring both directions of traffic (individually) was installed on the East side of Mill Street, South of St. John the Baptist Catholic Church, on March 3rd, 2017, and removed on March 17th, 2017. The report has been provided by Police Chief, Mike Meehan, and is included as Attachment 4 to this report. Results indicate that the 851h percentile is 36 mph for both the northbound lane (referenced as Lane 1) and the southbound lane (referenced as Lane 2). Under the current policy for local roadways, the decision tree indicates that some method of traffic calming would be considered. The fact that this roadway is a county roadway does complicate the matter slightly. Without having to arrive at a cooperative agreement with the County(s) for physical improvements to the roadway, options appear to include additional enforcement by the SLMPD, or installation of Driver Feedback Signs (DFBs). Having stated that, the report compiled by the SLMPD indicates that while the 851h percentile is above the posted speed limit, additional enforcement action would only impact 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 3 percent of the motoring public, utilizing this roadway. Therefore, enforcement does not appear to be the most prudent measure. An interesting note from the report is that the problem was initially perceived as vehicles failing to make the transition of speed from a 50 mph posted speed to a 30 mph posted speed northbound, at the City/County boundary. Staff had initially thought that maybe only one DFB should be considered addressing the northbound traffic only. However, the numbers reported do not show a vast difference between the speeds northbound to southbound. This supports the theory that driver's speeds are largely based upon surrounding conditions and roadway/shoulder conditions. Material costs for signs alone, (identical to the signs on Country Club Road) are $6,750, as shown in Attachment 5. These signs are solar powered, with fabrication of a special sign base and installation performed by Shorewood Public Works. Financial Impacts: This is not a programmed expenditure in the City's operating budget or CIP. If the City Council opts to move forward with the DFBs, staff is recommending that funds be utilized from the Roadway CIP fund. Options: 1. Approve a motion that authorizes the expenditure of funds for two Driver Feedback Signs for and amount of$6750 from the Roadway CIP. 2. Provide Staff with alternative direction. 4 1 x I � I r Q Q cdc W LJ J G LU W d O d O cn Ln cn M W w Peo-ye.e --tLUP:Jy3 H N N 00 J ti J � r� 1 'JP41iS S 0 z N Q � z z O U m - I ro � J u � - d i11[1� F O Q I K N N W z w O m �' _ From: Maureen Fuhr Sent: Thursday, March 2, 2017 12:17 PM To: Scott Zerby Subject: MILL STREET RADAR Hi Scott. Maureen Fuhr here from 5925 Mill St, Shorewood. I was at the Feb 13th city hall meeting along with my neighbor and volunteer firefighter, Mark Rouf, to speak about the speeding problem on Mill Street. Thank you for listening to us! This morning I woke up to mailbox debris all over my front yard. 3 of our mailboxes were plowed down last night by a hit and run driver. My next door neighbor, a 90 yr old widow had her box knocked down a few months ago by a distracted driver who actually pulled over to apologize. Just another day on Mill Street! I don't believe that we are just another neighborhood who's asking for a permanent radar sign. We ALL have to walk to the road to get our mail and none of us feel safe-that's ridiculous! Since that Feb mtg, I've spoken to Gary Gardener who's with Hennepin Cty and he told me that it's definitely Shorewood's responsibility to pay for a permanent radar sign. I spoke to Greg Lerud this morning to see if we've made any progress. Sounds like we have to wait now for a temporary study. This study was already done in the past yr and we are STILL waiting for a copy of the data. At $6,950 for a pr of radar signs, I really can't understand the reluctance on this matter. The county has been telling us for 2 yrs to talk to the city, the city tells us to talk to the police dept,Jan Callison at Hennepin County says the real answer is a sidewalk and we've even been told to show up at Excelsiors city hall mtgs-huh? 22 households live in Shorewood, on Mill Street and what's wrong with us taking some responsibility for OUR part of the road all for the sake of SAFETY?The Southshore police dept is called on a regular basis and the traffic tickets only affect a handful of drivers. Studies show that people's speeding habits in a zone like ours are reduced by 85% when they see a permanent flashing sign. Thanks for your time Mayor Zerby. Any help you can muster up for us would be greatly appreciated. Maureen Fuhr ATTACHMENT 2 A WSB Technical Memorandum To: Larry Brown Copy: Paul Hornby, PE City of Shorewood Director of Public Works From: Chuck Rickart, PE, PTOE Chad Ellos, PE Date: May 2013 File: WSB No. 01459-620 Subject: Speed Concern Evaluation Process (Council Approved 05/28/2013) The purpose of this memorandum is to provide a process to evaluate citizen requests related to speed concerns on City roadways. The primary goal is to have set guidelines and procedures in place to address these concerns. The City of Shorewood believes it is important to process requests in a timely manner.Therefore,the City's program has been streamlined to effectively and efficiently utilize the City's resources'. 1. SPEED CONCERN RECEIVED The first step in initiating the process is a speed concern received by City staff from a citizen. City staff's current practice is to deal with the request on a direct basis and to respond to the citizen within a short time period. With all speed concerns, the Police department will be notified by City staff and asked to provide additional speed enforcement. 2. ROADWAY ELIGIBILITY In order for a roadway to be eligible for traffic calming, it needs to meet the following criteria. • Classified as a local or collector • Length greater than 1,000 feet • Traffic volumes greater than 1,500 vehicles per day • Posted speed of 30 mph or less • Cannot be a cul-de-sac 3. STAFF EVALUATION If the roadway is eligible for traffic calming, a preliminary speed study will be conducted using data collected by a speed awareness display(SAD) or road tubes. In analyzing the speed data, the 85th percentile speed of the collected data will be calculated. The 85th percentile speed is defined as the speed at or below which 85 percent of the traffic is moving.2 'Please be aware that during the winter months,it may be difficult to collect data that is representative of typical travel conditions. Request received during the winter months will be processed by May 31st. z Federal and State speed limit guidelines define the 85th percentile speed as a"reasonable speed"or the speed in which 85% of motorists travel at or below. Experience has shown that the 85th Percentile Speed most closely provides for a safe and reasonable speed limit. Therefore,it can be expected that on a typical roadway,approximately 15 to 20 percent of the vehicles may be traveling at speeds greater than the posted speed limit. St.Cloud • Minneapolis•St.Paul Equal Opportunity Employer wsbeng.com K:\01459-620\Admin\Docs\Speed Concern Eval Process\Speed Concern Evaluation Process.docx ATTACHMENT 3 f the 85th percentile speed is greater than 33 mph on a roadway posted at 30 mph, a speed concern will be identified at that location. If the 85th Percentile speed is greater than 33 mph but less than 35 mph, the speed concern will be brought before the City Council to consider the feasibility of low cost measures as a means to calm traffic. Some low cost traffic calming measures include: • Education and enforcement • Lane narrowing(striping or tubular marker island) • Pavement messages (30 MPH, SLOW, etc.) • Additional signage If the 85th Percentile speed is greater than 35 mph, the speed concern will be brought before the City Council to consider potential engineering solutions as a means to calm traffic. These solutions are typically higher in cost. Examples of possible solutions include: • Lane narrowing o Raised concrete or landscaped island/ median • Curb extensions • Mid-block chockers (concrete or planters) • Neckdowns (Bump-outs at intersections) • Chicanes • Roundabouts • Full size roundabout • Mini-roundabout • Neighborhood Traffic Circle • Speed Awareness Display signs • Raised intersection • Roadway alignment revisions (adding curves to a straight roadway) 4. FUNDING Upon the recommendation of City staff and approval by the City Council,the appropriate measures will be implemented by the City once funding is secured. Possible funding sources include: • Inclusion in the City's Capital Improvement Plan (CIP) • Special request from the City Council • Assessment process S. REVIEW PERIOD Following the installation of the traffic calming measure(s), a review period for up to nine months will be initiated to measure its effectiveness and determine if the objectives were met. At the end of the review period, an evaluation will be conducted based on the following criteria: • If a speed concern is still perceived, speed data will once again be collected to determine if overall traffic speeds were reduced. • Fire and Police departments will be consulted to provide input about any impacts they may have experienced. Field observations and/or discussions may also be conducted with transit, waste disposal, and other service providers to ensure that services provided to the residents are not significantly impacted. If the objectives are satisfied as evidenced in the evaluation, no further actions will be taken. If objectives are not met, City staff may prepare alternatives and seek further direction from the City Council. Speed Concern Evaluation Process 2 1 Page The graphic below represents the decision diagram used in the speed concern evaluation process. Speed Concern Received Posted Speed 20mph 25mph 30mph NO Roadway No further action Eligible for Low Cost >23mph >28mph >33mph Traffic Improvements Calming Engineering >25mph >30mph >35mph Solutions YES Staff Evaluation (Data collection and evaluation) Additional Speed Enforcement 85th if perceived speed concern NO Percentile Review Period is still present Speed >33 (No further action by City Council) mph YES Council to consider NO th 85 Council to consider low cost traffic Percentile YES potential engineering calming measures Speed >35 solutions mph 14 F Feasibility, Funding, and Installation Speed Concern Evaluation Process 3 Page South Lake Minnetonka PD Page 1 Default Comments 24150 Smithtown Rd Change These in The Preferences Window Shorewood, MN 55331 Select File/Preference in the Main Screen mill street-s of hwy 7 Then Click the Comments Tab Site Code:00005095 Station ID: Lane1 Date\Speed 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total MPH 3/3/2017 0 6 17 9 36 435 1393 521 44 3 0 0 0 0 2464 3/4/2017 0 10 13 39 47 607 2079 884 119 16 0 1 0 0 3815 3/5/2017 0 11 25 45 57 588 1800 707 97 10 0 1 0 0 3341 3/6/2017 0 34 74 22 47 781 2332 787 96 10 0 0 0 0 4183 3/7/2017 0 11 15 20 36 670 2659 995 139 6 0 0 0 0 4551 3/8/2017 0 16 33 18 47 784 2680 1012 110 6 0 0 0 0 4706 3/9/2017 0 15 24 18 33 638 2615 990 163 14 0 0 0 0 4510 3/10/2017 0 15 19 24 24 675 2717 1150 145 14 1 0 0 0 4784 3/11/2017 0 11 12 21 41 505 2157 960 154 13 0 0 0 0 3874 3/12/2017 0 8 20 25 148 759 1270 495 80 7 0 0 0 0 2812 3/13/2017 0 8 11 6 125 693 551 102 4 1 0 0 0 0 1501 Lane1 Total 0 145 263 247 641 7135 22253 8603 1151 100 1 2 0 0 40541 85 percentile=36 Lane2 Date\Speed 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total MPH 3/3/2017 0 0 5 8 39 408 1531 578 59 3 0 0 0 0 2631 3/4/2017 0 0 10 29 57 462 2028 1033 97 4 0 0 0 0 3720 3/5/2017 0 1 22 41 58 408 1800 864 80 3 1 0 0 0 3278 3/6/2017 0 0 16 18 51 510 2372 1019 80 5 0 0 0 0 4071 3/7/2017 0 1 6 15 33 379 2357 1419 120 6 0 0 0 0 4336 3/8/2017 0 0 14 22 51 447 2395 1374 155 8 0 0 0 0 4466 3/9/2017 0 0 14 23 30 391 2315 1401 137 10 1 0 0 0 4322 3/10/2017 0 0 10 30 48 502 2441 1425 164 6 0 0 0 0 4626 3/11/2017 0 1 9 23 28 397 1939 1161 117 11 1 0 0 0 3687 3/12/2017 0 3 13 26 120 678 1257 538 54 4 0 0 0 0 2693 3/13/2017 0 2 5 11 76 458 516 116 10 0 0 0 0 0 1194 Lane2 Total 0 8 124 246 591 5040 20951 10928 1073 60 3 0 0 0 39024 85 percentile=36 Combined Date\Speed 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 >65 Total MPH 3/3/2017 0 6 22 17 75 843 2924 1099 103 6 0 0 0 0 5095 3/4/2017 0 10 23 68 104 1069 4107 1917 216 20 0 1 0 0 7535 3/5/2017 0 12 47 86 115 996 3600 1571 177 13 1 1 0 0 6619 3/6/2017 0 34 90 40 98 1291 4704 1806 176 15 0 0 0 0 8254 3/7/2017 0 12 21 35 69 1049 5016 2414 259 12 0 0 0 0 8887 3/8/2017 0 16 47 40 98 1231 5075 2386 265 14 0 0 0 0 9172 3/9/2017 0 15 38 41 63 1029 4930 2391 300 24 1 0 0 0 8832 3/10/2017 0 15 29 54 72 1177 5158 2575 309 20 1 0 0 0 9410 3/11/2017 0 12 21 44 69 902 4096 2121 271 24 1 0 0 0 7561 3/12/2017 0 11 33 51 268 1437 2527 1033 134 11 0 0 0 0 5505 3/13/2017 0 10 16 17 201 1151 1067 218 14 1 0 0 0 0 2695 Combined 0 153 387 493 1232 12175 43204 19531 2224 160 4 2 0 0 79565 Total 85 percentile=36 ATTACHMENT 4 South Lake Minnetonka PD 24150 Smithtown Rd Shorewood, MN 55331 Speed" Enforcement Evaluator Location: Total Percentage of Enforceable Violations GPS: 0' 0.0000 South 0' 0.0000 East Closest Cross Street: Analysis Dates: 0% 10% Friday, March 3, 2017 Posted Speed Limit: 30 MPH Monday, March 13, 2017 Enforcement Tolerance: 10 MPH Enforcement Limit: 41 MPH & Up Equipment Used: Percentage Above Limit:3.0% Enforcement Rating: LOW Installed By: Lane1 Lane2 Requested By: 6:: 6:: Percent Above Limit: 3.1% Percent Above Limit: 2.9% Enforcement Rating: Enforcement Rating: 15005824 - N4N0270700 Signed In as Laura Holtan, LETG Production Last Login Date:3/13/2017 Site Signout I Reset my password I Customer Support I South Lake Minnetonka Police Department Admin I User Manual(5mh) I Print I Help 8:35:04 AM Law Enforcement Records Management System LETG r n ,r ,r ,r a i6 ar �r v , Home"Incidents MNI C]IS Intranet Resources Warrant Queries ORS-CIBRS MNCIS eCharging New Incident I Advanced MNI Search I Incident Quick Entry I Kell Call I Activity Quick Entry I Custom Reports Queries FAc Names I Incidents I Articles I Vehicles I Evidence I Citations I I Quick Group By: done v Save this uuery Exhort to Excel llxpert to word Printer Friendly Report Add Criteria» Found 4 Results. AGt1 )CR Title Create Date St Name Cross St Name City Reported Pate SLMPD 13000462 Accident 2013-01-16 Apple Road Mill Street Shorewood 2013-01-18 SLMPD 13009745 Accident 2013-11-12 Apple Rd Mill Shorewood 2013-11-12 SLMPD 15002005 Accident 2015-03-13 Apple Rd Mill Shorewood 2015-03-13 SLMPD 15046021 Accident-Hit Deer 2015-07-10 Lilac Lane Mill Street Shorewood 2015-07-10 Found 4 Results. Ver.1.7.52.78()anuary 18,2017) ©2017 Law Enforcement Technology Group II i j li j� I 15005824 - MN0270700 i A WSB +tt= Infrastructure ■ Engineering ■ Planning ■ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541.4800 Fax: 763-541-1700 March 17, 2017 Larry Brown City of Shorewood Re: Quote Dear Mr. Brown, This letter is in response to your request for a quote for Driver Feedback(DFB) signs, which would be installed by others. The following page contains the details of your quote. Please note that this quote does not include: installation, labor, sign posts, mounting hardware, or concrete. The signs will be delivered for the cost indicated on the next page. Training is available for a fee should you need it. Any applicable sales tax will be on top of the total detailed on the next page. Payment terms are Net 30 Days. Please feel free to call me direct at 763-512-5248 if you have any questions or need additional information. Sincerely, WSB &Associates,Inc. Sean Delmore, PE, PTOE Associate/ Senior Project Manager Minneapolis - St. Cloud ATTACHMENT 5 Equal Opportunity Employer Page I A IAZOL? YY%.7a 8c Associates. Infrastructure ■ Engineering ■ Planning ■ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-5414800 Fax: 763-541-1700 March 17, 2017 Larry Brown City of Shorewood Re: Quote Quote Details Description Units Price Line Total DFB 9"Matrix White Speed Display 12VDC Input Power 2 $2,000 $4,000 DFB Solar Kit 85 Watt 12VDC Output 2 $1,200 $2,400 *Does not include any applicable taxes SUBTOTAL $6,400 SHIPPING $350 DISCOUNT $0 TOTAL $6,750 Minneapolis -St.Cloud Equal Opportunity Employer Page 2 #9D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: 2016 Trunk Watermain Extension (Oppidan) Project,City Project 16-04 Resolution Approving Change Order 3 Meeting Date: April 24, 2017 Prepared by: Paul Hornby Reviewed by: Attachments: Change Order 3 and Resolution Approving Change Order 3 Background: On September 26, 2016, the City Council accepted bids and awarded the 2016 Trunk Watermain Extension Project to Widmer Construction LLC (Widmer). During the progression of construction the following items were necessary to construct the roadway subgrade late in the construction: • Additional subgrade correction (excavation and stabilization materials) along Park Street. The exposed subgrade condition required additional excavation,geotextile fabric, and supplemental, stabilizing aggregate was necessary to provide an adequate road section late in the construction season. • Various, isolated locations throughout the roadways north of TH 7 required additional excavation and/or geotextile fabric to eliminate unsuitable material within the subgrade. • Upon final approval of the MnDOT permit to install the watermain under T H7 additional traffic control (concrete jersey barriers and impact actuators) were necessary to comply with the permit requirements. Widmer has submitted a change order detailing the additional work items which have been reviewed by staff with regard to the work scope and additional costs and have been determined to be appropriate for the work performed. Financial or Budget Considerations: The project construction contract as bid was awarded by the Council in the amount of$1,102,856.13. Previously approved Change Order 1 and Change Order 2 increased the contract amount to $1,131,943.49. Change Order 3 is $22,931.11 and will increase the contract amount to $1,154,874.60. Change orders to date will increase the contract by approximately 4.7%which is within contingency expectations for similar projects. Recommendation/Action Requested: Staff recommends approval of Resolution 17-—Approving Change Order 3. Payment for this change order will be made under a future payment request. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CHANGE ORDER NO.3 2016 TRUNK WATERMAIN EXTENSION PROEECT APRIL 19,2017 CITY OF SHOREWOOD,MN WSB PROJECT NO.2925-16 OWNER: CONTRACTOR: CITY OF SHOREWOOD WIDMER CONSTRUCTION LLC. 5755 COUNTRY CLOUB ROAD 9455 COUNTY ROAD 15 SHOREWOOD,MN 55331 MAPLE PLAIN,MN 55359 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: DURING THE COURSE OF CONSTRUCTION,THE FOLLOWING ITEMS WERE NECCESSARY TO CONSTRUCT THE ROADWAY SUBGRADE: 1. GIVEN THE INCLEMENT WEATHER DURING THE TIME OF CONSTRUCTION AND THE CONDITION OF THE EXISTING SUBGRADE,THE EXPOSED SUBGRADE WAS FOUND TO BE IN SUCH CONDITION THAT ADDITIONAL EXCAVATION, PREPARATION OF THE SUBGRADE,AND INSTALLATION OF SUPPLEMTNTAL MATERIAL WAS NECCESSARY TO STABILIZE THE ROADWAY. COSTS ASSOCIATED WITH THE "MUCK EXCAVATION" INCLUDE LABOR,TIME AND MATERIALS TO COMPLETE THE WORK AS INVOICED HAVE BEEN INCLUDED WITH THIS CHANGE ORDER. 2.VARIOUS LOCATIONS THROUGHOUT THE PROJECT REQUIRED ADDITIONAL SUBGRADE EXCAVATION AND GEOTEXTILE FABRIC TO REMEDIATE POOR MATERIALS ENCOUNTERED DURING EXCAVATION. BID ITEMS FOR SUBGRADE EXCAVATION AND GEOTEXTILE FABRIC AND THE QUANTITIES COMPLETED TO DATE HAVE BEEN INCLUDED WITH THIS CHANGE ORDER. 3. UPON FINAL APPROVAL OF THE MNDOT PERMIT TO INSTALL THE WATERMAIN UNDER TH 7,ADDITIONAL TRAFFIC CONTROL WAS NECCESSARY TO COMPLY WITH THE PERMIT REQUIREMENTS. COST ASSOCIATED WITH FURNISHING AND RELOCATING THE ADDITIONAL TRAFFIC BARRIERS HAVE BEEN INCLUDED WITH THIS CHANGE ORDER. IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY,SHAPE,OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ORIGINAL CONTRACT PRICE: $1,102,856.13 ORIGINAL CONTRACT TIME: 8/15/2017 PREVIOUS CHANGE ORDERS: $29,087.36 NET CHANGE FROM PREVIOUS CHANGE ORDERS: NONE CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: $1,131,943.49 CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 8/15/2017 NET INCREASE OF THIS CHANGE ORDER: $22,931.11 NET INCREASE OF CHANGE ORDER: NONE CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $1,154,874.60 CONTRACT TIME WITH APPROVED CHANGE ORDERS: 8/15/2017 RECOMMENDED BY: APPROVED BY: PAUL HORNBY,PE,PROJECT MANAGER CONTRACTOR SIGNATURE WSB&ASSOCIATES,INC. WIDMER CONSTRUCTION-l-C. ENGINEER CONTRACTOR APPROVED BY: CITY ENGINEER CITY ADMINISTRATOR DATE DATE K:102925-16014dminlConstruction AdminlChange OrderslChange Order No.31 Page 1 of 1 2925-16 CO3 041917CO 3 CHANGE ORDER NO. 3 DETAIL 2016 TRUNK WATERMAIN EXTENSION PROEJCT APRIL 19,2017 CITY OF SHOREWOOD, MN WSB PROJECT NO.2925-16 ADDED ITEMS Extended Item No. Mat.No. Description Qty Unit Price Amount 109 2105.505 MUCK EXCAVATION 115 C Y $86.05 $9,895.46 110 2105.507 SUBGRADE EXCAVATION 136 C Y $31.13 $4,234.02 111 2105.604 GEOTEXTILE FABRIC TYPE V 1273 S Y $2.63 $3,341.63 112 2563.601 TRAFFIC CONTROL 1 L S $5,460.00 $5,460.00 TOTAL ADDED ITEMS CHANGE ORDER NO. 3 $22,931.11 DELETED ITEMS Extended Item No. Mat.No. Description Qty Unit Price Amount TOTAL DELETED ITEMS CHANGE ORDER NO. 3 $0.00 K:102925-1601AdminlConstruction AdminlChange OrderslChange Order No.31 Page 1 of 1 2925-16 CO3 041917CO 3 Detail CITY OF SHOREWOOD RESOLUTION NO. 17 - A RESOLUTION APPROVING CHANGE ORDER 3 FOR THE 2016 TRUNK WATERMAIN EXTENSION PROJECT CITY PROJECT 16-04 WHEREAS, THE City of Shorewood Council awarded the contract for the 2016 Trunk Watermain Extension Project (City Project 16-04) on September 26, 2016 to Widmer Construction LLC. of Maple Plain, Minnesota; and WHEREAS, Change Order No. 1 and Change Order No. 2 were necessary to construct the improvements and associated work previously recommended by staff and approved by the City Council; and WHEREAS, Change Order No. 1 and Change Order No. 2 increased the project construction costs in the amount of$29,087.36, from the original contract amount of $1,102,856.13 to $1,131,943.49; and WHEREAS, Change Order 3 is necessary to address poor subgrade material along roadways north of T H7; and WHEREAS, Change order 3 will increase the project construction costs in the amount of$22,931.11, to $1,154,874.60; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. Change Order 3 in the total amount of$22,931.11 is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24h day of April, 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk #9E MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Smithtown Road East Sidewalk Extension Project,City Project 14-10 Resolution Approving Work Order 4 Meeting Date: April 24, 2017 Prepared by: Paul Hornby Reviewed by: Attachments: Work Order 4 and Resolution Approving Work Order 4 Background: On August 24, 2015, the City Council accepted bids and awarded the Smithtown Road East Sidewalk Extension Project to S. M. Hentges &Sons, Inc. During the progression of construction, coordination of construction with private and public utilities and modifications to the design to accommodate resident concerns were necessary to complete the sidewalk improvements along Smithtown Road S. M. Hentges &Sons, Inc. has submitted a work order detailing the additional work items which have been reviewed by staff and MnDOT with regard to the work scope and additional costs, and recommend approval. MnDOT reviews all work orders, change orders, and supplemental agreements on State funded projects. The additional work items include: 1. Remobilization for sidewalk construction delayed by utility and pole relocations 2. Water service repair unrelated to the contractor's work 3. Watertight connections to storm drainage structures due to proximity to watermain 4. Valley gutter intersection modification and driveway curb modification 5. Concrete walk construction due to utility and pole relocation delays Financial or Budget Considerations: The project construction contract as bid was awarded by the Council in the amount of$769,873.00. Work Order Nos. 1, 2 and 3 were previously approved by Council increasing the contract amount to $862,069.28.The total for Work Order 4 is$18,133.70 increasing the contract amount to$880,202.28. Work orders to date have increased the contract approximately 14%. Recommendation/Action Requested: Staff recommends approval of the enclosed Resolution 17- Approving Work Order 4. Payment for this work order will be made on the next payment request. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 STATE AID FOR LOCAL TRANSPORTATION Rev.July2010 CHANGE ORDER Page 1 oft SP 216 - 101 - 005 Minn. Proj. No. ( ) CO No. 4 Project Location: Shorewood, MN Local Agency: City of Shorewood City Project No. 14-10 Contractor: S.M. Hentges & Sons, Inc. Contract No. Address/City/State/Zip: 650 Quaker Avenue, Jordan, MN 55352 Total Change Order Amount $ $18,133.70 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions: Add Pay Item No. 107 2021 .501 — MOBILIZATION — Quantity of 1 LUMP SUM at Unit Price of$1 ,653.75. Mobilization required to complete installation of concrete sidewalk due to delayed utility relocations. Add Pay Item No. 108 2504.601 —WATER SERVICE REPAIR — Quantity of 1 LUMP SUM at Unit Price of $3,625.99. Repair required as water service was incorrectly marked in the field. Add Pay Item No. 109 2506.601 — STORM SEWER STRUCTURE MODIFICATIONS — Quantity of 1 LUMP SUM at Unit Price of$1 ,891 .14. Modifications necessary to drainage structures within 10 feet of water main to ensure watertight connection. Add Pay Item No. 110 2531 .601 — INSTALL VALLEY GUTTER — Quantity of 1 LUMP SUM at Unit Price of $6,363.41 . Modifications necessary driveway and valley gutter drainage at intersection to accommodate resident concerns. Add Pay Item No. 111 2521 .501 — 4" CONCRETE WALK — Quantity of 1 LUMP SUM at Unit Price of $4,599.41 . Additional mobilization of concrete crew to complete concrete walk installation due to utility pole conflict. Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.) ""Group/Funding Item I + or- + or- Category No. F Description Unit Unit Price Quantity Amount$ 216-101-005 107 MOBILIZATION LS $ 1,653.75 + 1.00 +$ 1,653.75 216-101-005 108 WATER SERVICE REPAIR L S $ 3,625.99 + 1.00 +$ 3,625.99 216-101-005 109 STORM SEWER STRUCTURE L S $ 1,891.14 + 1.00 +$ 1,891.14 MODIFICATIONS 216-101-005 110 INSTALL VALLEY GUTTER L S $ 6,363.41 + 1.00 +$ 6,363.41 1 STATE AID FOR LOCAL TRANSPORTATION Rev.July2010 CHANGE ORDER Page 2 of 2 I 216-101-005 111 4" CONCRETE WALK L S $ 4,599.41 + 1.00 +$ 4,599.41 I NET CHANGE THIS WORK ORDER 1 +$18,133.70 .Group/Funding category is required for Federal Aid projects Approved by Project Engineer: Date: Print Name: Paul Hornby, PE Phone: 651-286-8453 Approved by Contractor: Date: Print Name: Jay Hembroff Phone: 952-595-5106 Distribution: Project Engineer(Original), Contractor (copy), DSAE (copy for funding review) DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This work is eligible for: _ Federal Funding _ State Aid Funding _ Local funds District State Aid Engineer: Date: CITY OF SHOREWOOD RESOLUTION NO. 17 - A RESOLUTION APPROVING WORK ORDER 4 FOR THE SMITHTOWN ROAD EAST SIDEWALK EXTENSION PROJECT CITY PROJECT 14-10 WHEREAS, THE City of Shorewood Council awarded the contract for the construction of sidewalk along the south side of Smithtown Road located between the Lake Minnetonka Reginal Trail(LRT) and Country Club Road to S. M. Hentges, Inc. of Jordan, Minnesota; and WHEREAS, Change Order No. 1, Change Order No. 2 and Change Order No. 3 were necessary to construct the improvements and associated work previously recommended by staff and approved by the City Council; and WHEREAS, Change Order No. 1, Change Order No. 2 and Change Order No. 3 increased the project construction costs in the amount of$92,196.28, from the original contract amount of$769,873.00 to $862.069.28; and WHEREAS, Work Order 4 is necessary to provide miscellaneous project modifications to accommodate private and public utilities and drainage; and WHEREAS, Work Order 4 will increase the project construction costs in the amount of$18,133.70, to $880,202.28; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. Work Order 4 in the total amount of$18,133.70 is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24h day of April, 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk #10A MEETING TYPE City of Shorewood Council Meeting Item REGULAR .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Staff and Volunteer Appreciation Event Meeting Date: April 24, 2017 Prepared by: Greg Lerud Background: At the March 27 meeting,the Council set a budget and a choice of dates for the Staff and Volunteer Appreciation Event. I have had a chance to ask the staff if they preferred the August 4 or 5 date. Staff was unanimous on having the event on the afternoon of August 4. Staff also thought that there would be more spouses or significant others able to attend because the date is far enough out to make arrangements to attend. Strong interest was also expressed in doing the same thing as last year. Financial or Budget Considerations: The budget has already been set. Recommendation/Action Requested: Staff recommends the council approve holding the event on August 4. 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 #10B MEETING TYPE City of Shorewood Council Meeting Item REGULAR .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Lease-Revenue Refunding Bonds—Series 2017A Meeting Date: April 24, 2017 Prepared by: Greg Lerud Reviewed by: Attachments: Cash flow analysis, Resolution, First Amendment to Ground Lease, First Amendment to Lease Purchase Background: Last month the EDA passed a bond refunding trigger Resolution that set in motion the refunding of the Public Project Lease Revenue Bond, Series 2008A, and authorized David Drown to either privately negotiate a sale or do a public sale. Mr. Drown will be at the meeting to present the proposal and answer any questions you have. Financial or Budget Considerations: Refunding the bonds now results in approximately$85,000 in net savings over the life of the bonds. That is in line with his estimate provided at the EDA meeting. Options: Accept the offer or reject it and either negotiate a new sale, or start the sale process by preparing an Official Statement and requesting a bond rating. Recommendation/Action Requested: Staff recommends approving the proposal for a couple of reasons. First,the proposal provides savings consistent with the amount estimated at the time the EDA called for the refunding. Second,we lock in the savings now and avoid a potential rate increase during the time it would take to restart the refunding process. There is a very low likelihood that rates will decrease in the future. Next Steps and Timeline: If the City Council and EDA approve the proposal we will work with David Drown and the bond counsel to complete the sale,which should occur by the end of May. 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. 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V 0 0 01 01 00 00 (O (O to to V V Cl) Cl) N N V c 0 c n ° o 0 0 0 0 0 0 0 0 0 0 0 I O O O O O O O O O O O O :6 N N N N N N N N N N N N N O O O O O O O O O O O O O K Q O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O In to O O to to to O O to z 00 r r r r 00 00 00 00 00 01 01 (O a` rn m K m y R N 0) I- r r o0 00 d) d) O O N N M M V V In to (O (O r r 00 00 J O R O O O O O O O N N O N O N N N N N N O N O N O N O N O N O N O N O N O N O E p N N N N N N N O N O N O O O O N N N N N N N N N N O d (O N (O N (O N (O N (O N (O N (O N (O N (O N (O N (O N (O N m N r r r r r r r r r r r r 3 w z 00 0 &0 O O M_ M M In O O N N N O O O w O N O N O O O 01 I- V O In r N V In N (O V O V O V O O 0 C 0 d) M 00 O O 00 Nt O M M In d) O V In O1 O O O M V N M N M V M O O r- N d O O O Q O 01 O O m O O O m N O 1 N 1n N N N (O (O (O 0) 0) a) 01 Q r (O (O (O (O (O (O co M O O to to 00 00 M_ M_ co co In to O O O O o0 04 Q In to 01 01 CO CO N N O O N N CO CO I- I- I- I- (O (O 00 00 V 0 ' d) d) (O (O N N O O In to d) d) N N to to (O (O (O (O to to N N d) C5 O O d) d) 00 00 r r to to M M N N O O o0 o0 (O (O V V N N 00 L N _ M O a o o 0 0 0 0 0 0 0 0 0 0 0 m O O In to O O O O O O O O Q N N Cl) Cl) In to (O (O r r 00 00 O �_ z Z m O � N Q O O O O O O O O O O O O O O O O O O O O O O O O O O W O N Q O O O to O O to to O to O to to O 0 U N W c0 (0 (0 r r r r 00 00 d) d) d) N _ y O O N N M M V V In to (O (O r r o0 00 y N N N N N N N N N N O N v o R O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Q L LL E p N N N N N N N N N N N N N N N N N N N N N N N N N C CO O C d (O N (O N (O N (O N (O N (O N (O N (O N (O N (O N (O N (O N O c 0 o Q o o w E O 1n p >, N y � y Q O Q m a (D R r 'O U a` Q c) cn UO) a. m0 O o RESOLUTION NO. 17 - RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO A GROUND LEASE AND LEASE-PURCHASE AGREEMENT, AND APPROVING AND AUTHORIZING THE ISSUANCE OF PUBLIC PROJECT LEASE REVENUE REFUNDING BONDS, SERIES 2017A (THE "BONDS")AND RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota ("Council') as follows: ARTICLE I RECITALS 1.01. The City of Shorewood, Minnesota (the "City") is authorized by Minnesota Statutes, Section 465.71, as amended to acquire real and personal property as are needed to carry out its governmental and proprietary functions, and to acquire such real and personal property by entering into lease-purchase agreements. 1.02. The City previously agreed with the Shorewood Economic Development Authority for the City (the "Authority") that pursuant to a Ground Lease dated as of August 1, 2008 (the "Original Ground Lease"), the Authority would acquire certain property from the City, and the Authority would lease such property, together with the buildings, structures or improvements then located or to be located thereon, to the City pursuant to a Lease-Purchase Agreement dated as of August 1, 2008 (the "Original Lease"). 1.03. Pursuant to a resolution adopted on July 28, 2008 (the "2008 Bond Resolution"), the Authority issued its Public Project Lease Revenue Bonds, Series 2008A (City of Shorewood, Minnesota Lease Obligations) (the "2008A Bonds") in an aggregate principal amount of $1,310,000. 1.04. Under the 2008 Bond Resolution, proceeds of the 2008A Bonds were used to pay costs of acquisition, construction and equipping of the Facilities (as defined in the Original Lease"). 1.05. Based on available interest savings, the Authority has decided that it is desirable and in the best interest of the Authority and the City to issue its Public Project Lease Revenue Bonds, Series 2017A (City of Shorewood, Minnesota Lease Obligations) (the "2017A Bonds") for purposes of refunding all of the 2008A Bonds and paying costs of issuance thereof. 1.06. In connection with the issuance of the 2017A Bonds, forms of amendments to the Original Ground Lease and Original Lease have been prepared and submitted to this Council and are on file with the City. 1.07. All terms capitalized but not defined herein shall have the meaning ascribed to such terms as in the Lease (defined below). 4841-8847-6230.2 ARTICLE II FINDINGS 2.01. On the basis of the information given to the City to date, it is hereby found, determined and declared that: (a) It is desirable and in the best interest of the City to enter into the First Amendment to Ground Lease dated as of May 1, 2017, between the City and the Authority, amending the Original Ground Lease (as amended, the "Ground Lease"). (b) It is desirable and in the best interest of the City to enter into the First Amendment to Lease-Purchase Agreement dated as of May 1, 2017, between the City and the Authority, amending the Original Lease (as amended, the "Lease"). (c) The terms of the Ground Lease and Lease are found to be advantageous to the City and the form and terms thereof are hereby approved. (d) The Site and Facilities described in the Lease constitute essential governmental property, and the City presently intends to appropriate all Lease Payments under the Lease for the term of the Lease; however, the obligation of the City under the Lease are not to be payable from nor charged upon any funds of the City other than the funds appropriated annually to the payment thereof, and the Lease shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City except its interest in the Lease and in the Site and the Facilities under the Lease. ARTICLE III AUTHORIZATION OF DOCUMENTS 3.01. The Mayor and the City Administrator are authorized and directed to execute and deliver the Ground Lease and the Lease on behalf of the City, substantially in the forms on file, but with all such changes therein as shall be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all of the transaction documents shall be delivered, filed and recorded as provided therein. The Mayor, the City Administrator and other City officers are also authorized and directed to execute such other instruments or certificates as may be required to give effect to the transactions herein contemplated. ARTICLE IV APPROVAL OF ISSUANCE AND SALE OF 2017A BONDS 4.01. The issuance and sale by the Authority of the 2017A Bonds as described in the bond resolution of the Authority is hereby approved in all respects. The City will pay, from proceeds of the 2017A Bonds or from other City funds, the costs of issuance of the 2017A Bonds. 4841-8847-6230.2 ARTICLE V PAYMENT OF LEASE PAYMENTS 5.01. The City will pay to the Registrar of the 2017A Bonds, promptly when due, all of the Lease Payments and other amounts required by the Lease. To provide moneys to make such payments, the City will include in its annual budget, for each Fiscal Year during the term of the Lease, commencing with the Fiscal Year ending on December 31, 2017, moneys sufficient to pay and for the purpose of paying all Lease Payments, a reasonable estimate of Additional Lease Payments, and other amounts payable under the Lease. The agreement of the City in this Section is subject to the City's right to terminate the Lease at the end of any Fiscal Year, as set forth in Section 5.6 of the Lease. The City's fiscal year 2017 budget is hereby amended to reflect the new payments required for the Series 2017A Bonds. ARTICLE VI MISCELLANEOUS 6.01. The City covenants and agrees with the owners from time to time of the 2017A Bonds that the investment of proceeds of the 2017A Bonds, if any, including the investment of any revenues pledged to the Lease Payments which are considered proceeds under applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the Bonds shall not be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and that the City shall comply with all other applicable requirements of Section 148. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City hereby certifies that it is not expected that the proceeds of the 2017A Bonds will be used in such manner as to cause the Bonds to be "arbitrage bonds" under Section 148 and any regulations thereunder. The Site, the Facilities and the proceeds of the Bonds will likewise be used in such manner that the Bonds will not be "private activity bonds" under Section 141 of the Internal Revenue Code of 1986, as amended, and applicable regulations. 6.02. The officers of the City are authorized and directed to prepare and furnish to the original purchaser of the 2017A Bonds, and to the attorneys approving the 2017A Bonds, certified copies of all proceedings and records of the City relating to the power and authority of the City to enter into the Ground Lease and the Lease within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the City as to the facts stated therein. 6.03. The City covenants that it will file (or cause the Authority to file) with the Internal Revenue Service the information required under Section 149(e) of the Internal Revenue Code of 1986. 6.04. The City will annually provide to the Purchaser its audited financial statements within 270 days of the end of the City's fiscal year. 6.05. This resolution shall be effective immediately upon its final adoption. 4841-8847-6230.2 Adopted this 24th day of April, 2017 by the City Council of the City of Shorewood, Minnesota. CITY OF SHOREWOOD, MINNESOTA By: Its Mayor By: Its City Administrator 4841-8847-6230.2 FIRST AMENDMENT TO GROUND LEASE THIS FIRST AMENDMENT TO GROUND LEASE (the "First Amendment") dated as of May 1, 2017 (the "Amendment Date") is entered into by and between SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY (together with its successors and assigns as lessee hereunder, the "Authority"), as Lessee and CITY OF SHOREWOOD, MINNESOTA, a statutory city and political subdivision of the State of Minnesota(the "City"), as Lessor. WITNESSETH : WHEREAS, the City and the Authority have previously entered into a Ground Lease, dated as of August 1, 2008, recorded on September 29, 2008 with the Office of the Registrar of Titles in Hennepin County, Minnesota as Doc. No. 4533201 in connection with the property legally described in Exhibit A hereto (the "Original Ground Lease" and as hereby amended, the "Ground Lease"), relating to the $1,310,000 Shorewood Economic Development Authority Public Project Lease Revenue Bonds, Series 2008A Bonds (City of Shorewood, Minnesota Lease Obligation) (the "2008A Bonds"). WHEREAS, the Authority will issue its $950,000 Shorewood Economic Development Authority Public Project Lease Revenue Refunding Bonds, Series 2017A Bonds (City of Shorewood, Minnesota Lease Obligation) (the "2017A Bonds") to current refund the 2008A Bonds. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties wish to amend the Original Ground Lease as follows: ARTICLE I WAIVER AND AMENDMENT Section 1.01. Amendment to Section 1.02. Section 1.02. of the Original Ground Lease is hereby amended by deleting such Section 1.02. in its entirety and in place thereof inserting the following: Section 1.02. Warranties. The City covenants and warrants to the Authority: (1) That the City has good and merchantable title to the Site, has authority to enter into, execute and deliver this Ground Lease, has duly authorized the execution and delivery of this Ground Lease, and has duly executed and delivered this Ground Lease; 4814-0576-5703.2 (2) That the Site is not subject to any dedication, easement, right-of-way, reservation in patent, covenant, condition, restriction, lien or encumbrance which would prohibit or materially interfere with the construction of certain facilities (hereinafter called the "Facilities") on the Site, as contemplated by that certain Lease-Purchase Agreement, between the City and the Authority dated as of August 1, 2008, as amended by the First Amendment to Lease-Purchase Agreement dated as of May 1, 2017 (hereinafter called the "Lease"), except as described as "Permitted Encumbrances" on Exhibit B attached hereto; (3) That all taxes, assessments or impositions of any kind with respect to the Site, except current taxes, have been paid in full; (4) That the Site is properly zoned for the purpose of the Facilities; and (5) That the City has authority to enter into, execute and deliver the Lease, has duly authorized its execution and delivery, and has duly executed and delivered the Lease. ARTICLE II FULL FORCE AND EFFECT The Original Ground Lease is hereby amended to the extent provided in this First Amendment and, except as specifically provided herein, the Original Ground Lease shall remain in full force and effect in accordance with its terms. ARTICLE III HEADINGS Section headings in this First Amendment are included herein for convenience of reference only and shall not have any effect for purposes of interpretation or construction of the terms of this First Amendment. ARTICLE IV COUNTERPARTS This First Amendment may be signed in any number of counterpart copies, but all such copies shall constitute one and the same instrument. ARTICLE V REPRESENTATIONS AND WARRANTIES Each party hereto represents and warrants to the other that this First Amendment has been duly authorized and validly executed by it and that the Original Ground Lease as hereby 2 4814-0576-5703.2 amended constitutes its valid obligation, enforceable in accordance with its terms, except to the extent that the enforceability thereof may be limited by bankruptcy, insolvency or other laws affecting creditors' rights generally and subject to the application of general principles of equity including but not limited to the right of specific performance. ARTICLE VI SEVERABILITY In case any one or more of the provisions contained herein should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired hereby. ARTICLE VII DEFINITIONS All capitalized terms used herein and not defined shall have the meaning assigned to such terms in the Original Ground Lease. [Remainder of page intentionally left blank] 3 4814-0576-5703.2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Ground Lease as of the date first above written. SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY By: Name: Scott Zerby Title: President By: Name: Greg Lerud Title: Executive Director STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of 2017, the foregoing instrument was acknowledged before me, a Notary Public within said County, by Scott Zerby and Greg Lerud, as the President and Executive Director, respectively, of the Shorewood Economic Development Authority, the Authority referred to in the foregoing instrument. Notary Public My commission expires: [Signatures continued on next page] S-1 4814-0576-5703.2 CITY OF SHOREWOOD, MINNESOTA By: Name: Scott Zerby Title: Mayor By: Name: Greg Lerud Title: City Administrator STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of 2017, the foregoing instrument was acknowledged before me, a Notary Public within said County, by Scott Zerby and Greg Lerud, as the Mayor and City Administrator, respectively, of the City of Shorewood, Minnesota, the City referred to in the foregoing instrument. Notary Public My commission expires: S-2 4814-0576-5703.2 EXHIBIT A Legal Description Lot 12, Block 2, Echo Hills 2nd Addition, except that part of the East 28 feet thereof lying South of the Westerly extension of the Northerly line of Lot 2, Block 1, Echo Hills, and except that part thereof described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet Easterly from an intersection of the Northerly extension of the West line of Lot 27, Auditors' Subdivision 133 with said centerline; thence Southerly parallel with the West line of said Lot 27, a distance of 34.19 feet to the point of beginning of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing, along a line parallel with the West line of said Lot 27 and the West line of said Lot 12 a distance of 104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15 degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34 degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds West, parallel with the West line of said Lots 12 and 27, a distance of 160.00 feet to a point in the North line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning. A-1 4814-0576-5703.2 FIRST AMENDMENT TO LEASE-PURCHASE AGREEMENT THIS FIRST AMENDMENT TO LEASE-PURCHASE AGREEMENT (the "First Amendment"), dated as of May 1, 2017 (the "Amendment Date"), is entered into by and between SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY (the "Lessor") and CITY OF SHOREWOOD, MINNESOTA (the "Lessee"). WITNESSETH : WHEREAS, the Lessor and the Lessee have previously entered into a Lease-Purchase Agreement, dated as of August 1, 2008, recorded on September 29, 2008 with the Office of the Registrar of Titles in Hennepin County, Minnesota as Doc. No. 4533202 (the "Original Lease- Purchase Agreement" and as hereby amended, the "Lease-Purchase Agreement"), relating to the $1,310,000 Shorewood Economic Development Authority Public Project Lease Revenue Bonds, Series 2008A Bonds (City of Shorewood, Minnesota Lease Obligation) (the "2008A Bonds"). WHEREAS, Lessor will issue its $950,000 Shorewood Economic Development Authority Public Project Lease Revenue Refunding Bonds, Series 2017A Bonds (City of Shorewood, Minnesota Lease Obligation) (the "2017A Bonds") to current refund the 2008A Bonds. WHEREAS, pursuant to Section 11.4 of the Original Lease-Purchase Agreement, the Lessor and the Lessee wish to amend the Original Agreement as provided herein. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I WAIVER AND AMENDMENT Section 1.01. Amendment to Section I.I. The following definitions of the Original Lease-Purchase Agreement are hereby deleted in their entirety and replaced with the following: "Bond Registrar" means the Executive Director of the Authority, or any successor Bond Registrar appointed by the Authority pursuant to the Bond Resolution. "Bond Resolution" means the resolution authorizing the issuance and sale of the Bonds, adopted by the Authority on April 24, 2017. 4827-0567-1751.2 "Bonds" means the $950,000 Shorewood Economic Development Authority Public Project Lease Revenue Refunding Bonds, Series 2017A (City of Shorewood, Minnesota Lease Obligation), issued pursuant to the Bond Resolution. "Ground Lease" means the Ground Lease, dated as of August 1, 2008, as amended by the First Amendment to Ground Lease, dated as of May 1, 2017, by which the City leases the Site to the Authority, as amended or supplemented from time to time. "Interest Payment Date" means December 1, 2017, and each such June 1 and December 1 thereafter until the Bonds are paid in full. "Lease" means the Lease-Purchase Agreement, dated as of August 1, 2008, between the Authority, as lessor, and the City, as lessee, as amended by this First Amendment and as may be further amended or supplemented from time to time. "Lease Payment" means each of the payments due from the City to the Authority on each Lease Payment Date during the Term of this Lease, as shown on Exhibit B hereto. ,,Lease Payment Date" means the date upon which any Lease Payment is due and payable as provided in Exhibit B hereto. Section 1.02. Amendment to Section 1.2. Section 1.2. of the Original Lease-Purchase Agreement is hereby amended by deleting such Section 1.2. in its entirety and in place thereof inserting the following: Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Lease: Exhibit A: A legal description of the Site and Facilities being leased and purchased by the City pursuant to this Lease, and a listing of Permitted Encumbrances. Exhibit B: The date and amount of each Lease Payment coming due during the Term of this Lease. Section 1.03. Amendment to Section 3.1. Section 3.1. of the Original Lease-Purchase Agreement is hereby amended by deleting such Section 3.1. in its entirety and in place thereof inserting the following: Section 3.1. Bond Proceeds. The Authority has adopted the Bond Resolution, pursuant to which the proceeds of sale of the Bonds in the amount of$950,000 will be used to current refund and defease the Series 2008A Bonds. Section 1.04. Amendment to Section 3.2. Section 3.2. of the Original Lease-Purchase Agreement is hereby amended by deleting such Section 3.2. in its entirety and in place thereof inserting the following: 2 4827-0567-1751.2 Section 3.2. Construction of Facilities.,Payment of Costs. (a) The Authority shall deposit the proceeds of the issuance and sale of the Bonds in accordance with the Bond Resolution. (b) The Authority has caused the Facilities to be constructed. ARTICLE II FULL FORCE AND EFFECT The Original Lease-Purchase Agreement is hereby amended to the extent provided in this First Amendment and, except as specifically provided herein, the Original Lease-Purchase Agreement shall remain in full force and effect in accordance with its terms. ARTICLE III GOVERNING LAW THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS FIRST AMENDMENT SHALL BE GOVERNED AS PROVIDED IN SECTION 11.7. OF THE ORIGINAL LEASE-PURCHASE AGREEMENT. ARTICLE IV HEADINGS Section headings in this First Amendment are included herein for convenience of reference only and shall not have any effect for purposes of interpretation or construction of the terms of this First Amendment. ARTICLE V COUNTERPARTS This First Amendment may be signed in any number of counterpart copies, but all such copies shall constitute one and the same instrument. ARTICLE VI REPRESENTATIONS AND WARRANTIES Each party hereto represents and warrants to the other that this First Amendment has been duly authorized and validly executed by it and that the Original Lease-Purchase Agreement as hereby amended constitutes its valid obligation, enforceable in accordance with its terms, except to the extent that the enforceability thereof may be limited by bankruptcy, insolvency or other 3 4827-0567-1751.2 laws affecting creditors' rights generally and subject to the application of general principles of equity including but not limited to the right of specific performance. ARTICLE VII SEVERABILITY In case any one or more of the provisions contained herein should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired hereby. ARTICLE VIII DEFINITIONS All capitalized terms used herein and not defined shall have the meaning assigned to such terms in the Original Lease-Purchase Agreement. [Remainder of page intentionally left blank] 4 4827-0567-1751.2 IN WITNESS WHEREOF, the Authority has caused this Lease to be executed in its corporate name by its duly authorized officers; and the City has caused this Lease to be executed in its name by its duly authorized officers and sealed with its corporate seal, as of the date first above written. SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY By: Name: Scott Zerby Title: President By: Name: Greg Lerud Title: Executive Director STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of 2017, the foregoing instrument was acknowledged before me, a Notary Public within said County, by Scott Zerby and Greg Lerud, as the President and Executive Director, respectively, of the Shorewood Economic Development Authority, the Authority referred to in the foregoing instrument. Notary Public My commission expires: [Signatures continued on next page] S-1 4827-0567-1751.2 CITY OF SHOREWOOD, MINNESOTA By: Name: Scott Zerby Title: Mayor By: Name: Greg Lerud Title: City Administrator STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this day of 2017, the foregoing instrument was acknowledged before me, a Notary Public within said County, by Scott Zerby and Greg Lerud, as the Mayor and City Administrator, respectively, of the City of Shorewood, Minnesota, the City referred to in the foregoing instrument. Notary Public My commission expires: S-2 4827-0567-1751.2 EXHIBIT A Legal Description of Site and Facilities and Permitted Encumbrances Lot 12, Block 2, Echo Hills 2nd Addition, except that part of the East 28 feet thereof lying South of the Westerly extension of the Northerly line of Lot 2, Block 1, Echo Hills, and except that part thereof described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet Easterly from an intersection of the Northerly extension of the West line of Lot 27, Auditors' Subdivision 133 with said centerline; thence Southerly parallel with the West line of said Lot 27, a distance of 34.19 feet to the point of beginning of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing, along a line parallel with the West line of said Lot 27 and the West line of said Lot 12 a distance of 104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15 degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34 degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds West, parallel with the West line of said Lots 12 and 27, a distance of 160.00 feet to a point in the North line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning. Permitted Encumbrances 1. Terms and conditions of and easements contained in Easement Agreement, dated March 4, 1996, by and among the City of Shorewood, Minnesota, the City of Deephaven, Minnesota, the City of Excelsior, Minnesota, the City of Greenwood, Minnesota, and the City of Tonka Bay, Minnesota. 2. Subject to the rights of the City of Shorewood, County of Hennepin and the public in and to that portion of subject property which lies within the boundaries of Country Club Road as shown on the Hennepin County Half Section Map A-1 4827-0567-1751.2 EXHIBIT B Schedule of Luse Payments Payment Semi-annual Semi-Animal Payment Date Principal Interest. Payment Notation May 15, 2018 Last payment due from Prior Schedule November 15, 2017 65,000 14,963 79,962.50 May 15, 2018 11,948 11,947.50 November 15, 2018 70,000 111,948 81,947.50 May 15, 2019 11,003 11,002.50 November 15, 2019 70,000 111,003 81,002.50 May 15, 2020 10,058 10,057.50 November 15, 2020 75,000 10,058 85,057.50 May 15, 2021 9,045 9,045.00 November 15, 2021 75,000 9,045 84,045.00 May 15, 2022 8,033 8,032.50 November 15, 2022 80,000 8,033 88,032.50 May 15, 2023 6,953 6,952.50 November 15, 2023 80,000 6,953 86,952.50 May 15, 2024 5,873 5,872.50 November 15, 2024 85,000 5,873 90,872.50 May 15, 2025 4,725 4,725.00 November 15, 2025 85,000 4„725 89,725.00 May 15, 2026 3,578 3,577.50 November 15, 2026 85,000 3,578 88,577.50 May 15, 2027 2,430 2,430.00 November 15, 2027 90,000 2,430 92,430.00 May 15, 2028 1,215 1,215.00 November 15, 2028 90,000 11,215 91,215.00 950,000 164,678 1,114,678 B-1 4827-0567-1751.2