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06-12-17 CC Reg Mtg Agenda CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JUNE 12,2017 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby Johnson Labadie Siakel Sundberg B. Review Agenda Attachments 2. CONSENT AGENDA—Motion to approve items on the Consent Agenda& Adopt Resolutions Therein: A. City Council Work Session Minutes of May 22, 2017 Minutes B. City Council Regular Meeting Minutes of May 22, 2017 Minutes C. Approval of the Verified Claims List Claims List D. Approve lease agreement for cell antenna on east tower City Administrator Memo Resolution E. Approve P-card policies City Administrator Memo F. Personnel Policy updates City Administrator Memo Resolution G. Accept Quotes and Award Contract for 2017 Pavement Marking Project Engineer's Memo Resolution 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Resolution No. 17 - Resolution Appointing Parks Commission member City Administrator Memo Resolution 7. PLANNING CITY COUNCIL REGULAR MEETING AGENDA—June 12,2017 Page 2 A. Final Plat and Development Contract for Mtka Country Club 2nd Add Planning Director Memo Applicant: Mattamy Homes Development Agreement Location: Country Club Lane/Smithtown Road/Yellowstone Lane Resolution B. City Code Violation(Dock Regulations)/Appeal Planning Director Memo Appellant: Guy Sanschagrin Appeal Letter Location: Howard's Point Road(vacant parcel) Violation Notice 8. ENGINEERING/PUBLIC WORKS A. Accept Quotes and Award Contract for Public Works Ravine Stabilization Engineer's Memo Resolution B. Accept Letter Report for 2017 Pavement Reclamation Project Engineer's Memo Resolution C. Authorization to Obtain Drainage and Utility Easement, Director of Public Works 24770 Amlee Road Memo 9. GENERAL/NEW BUSINESS A. Birch Bluff and Pleasant Avenue City Administrator Memo Traffic Study proposal B. 2017 Street Reconstruction and CIP City Administrator Memo 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. 2. C. Mayor and City Council 11. ENTER INTO CLOSED SESSION TO CONDUCT PERFORMANCE REVIEW UNDER THE COUNCIL'S AUTHORITY 12. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS MONDAY, MAY 22, 2017 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Zerby called the meeting to order at 6:01 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Administrator Lerud; Director of Public Works Brown; and, Engineer Hornby Absent: None B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 510. 2. STORMWATER DRAINAGE/FREEMAN PARK Engineer Hornby explained that after the heavy rain events in Junc 2014 the City heard from residents about drainage concerns. The then Council directed staff to review drainage issues in the Freeman Park area, the area downstream from there along Grant Lorenz Road where there has been a significant amount of erosion and Strawberry Lane. Strawberry Lane was,added to meet the Capital Improvement Program (CIP) funding schedule for the Strawberry Lane reconstruction and trail. He stated that based on this discussion he would like to incorporate some of the alternative drainage improvements into the City's Comprehensive (Comp) Plan. Many of the improvements would be longer term. He highlighted the report which focused on five areas. Shorewood Oaks,Development'—'Some basements were flooded during the June 2014 100'year event. The flooding was due to most homes having a private draintile connection to a lateral sewer connecting to the City's storm sewer system_ That was done to provide a gravity means for drainage of the foundation in addition to a sump pump. It was a method to do a local ground water dewatering because the water table was so high when the development was put in. During the event the pond was at capacity. The storm sewer was over capacity and surcharged the foundation drain line. That resulted in basement flooding. The simplest and most cost competitive improvement would be to use a trenchless construction method and line the pipe with a PVC liner. That would block the drainage system. The City would have to notify property owners that they have to make sure their sump pump's discharge point is far enough away from the house so it is outside of the excavation area. There could be some recycling of water with this improvement. Another improvement would be to install backflow preventers at the source. The preventer would block any drainage surcharge from going into the house. This improvement would require digging up each yard. Another option would be to disconnect private draintile from the City's system. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 22,2017 Page 2 of 6 Director Brown explained that in the 1990s the League of Minnesota Cities (LMC) recommended cities no longer allow a direct connect to a sewer system. There had to be a break of some sort so that when the ultimate outlet was over capacity the water would squirt out of the ground or there would be some other relief in place so the water did not go into someone else's basement. Councilmember Labadie stated it was her understanding that is what happened along Tuxedo Road. The sump pumps pumped the water out, but the ground was so saturated it seeped back into homes. Labadie then stated the PVC liner in the pipe would make the capacity of the pipe„smaller. She asked why that would be of benefit. Director Brown clarified a private property owner's system would be blocked. It would force a property owner to disconnect from the system. Councilmember Siakel stated the liner in the pipe would make foundation drain inoperable. Labadie asked what a backflow preventer is. Engineer Hornby explained it is a valve that is put in line. If water tries to flow back in there is a ball that is pushed to block the flow back into the house. If there is any grit in the line those could be problematic because it could leak. Engineer Hornby explained when evaluating solutions he tried to look at those where no one single home would get more water than others. For example, if the draintile lines in the street were plugged at the downstream manhole where they connect the house closest to that,plug would get all of the water. The way to do it would be to line the pipe or disconnect each individual foundation drain. Then every owner's sump pump would have to keep up with what is coming in through the foundation. Councilmember Johnson stated in 2014 a number of residents in that area had sump pumps that ran every two minutes. If the draintile system is removed he asked if sump pumps could keep up with that. Engineer Hornby explained he thought'diving that event the pumps were running that often because the water was backing up. One resident told staff that his sump pump hardly runs unless there is a significant rain event. Johnson stated there is one resident in Ashland Woods who has a sump pump that runs every three minutes. Director Brown clarified the hydraulic characteristics would not be changed around the house. What would be changed is where the water ;outlets. A sump pump would not run any more frequently or less frequently unless it was being back fed. Councilmember Siakel asked where the City's responsibility begins and ends with the Shorewood Oaks Development: Director Brown explained the City has a responsibility to manage surface water. It is the property owner's responsibility to manage their house envelope which includes the sump pump drainage. The 1966 topography drawings show that the Shorewood Oaks site was full of cattails and swamp grass; it was a wetland that got developed. The hydraulic characteristics were not great to begin with. The City chose to take on that added responsibility of putting in the system. That allowed the development to happen. The City took on additional liability by doing that. He does not think that would happen today for a new development. The LMC would not allow that. He then explained the City's Ordinance stipulates that water from a sump pump cannot be discharged directly to a public right-of-way (ROW); there has to be some distance. Ultimately, most of that drainage will flow to the roadway and public ROW. Councilmember Sundberg stated when the development was done she asked if the system was designed to handle the water. Director Brown explained when it was installed it was probably sized properly. It is connected to the main stormwater system. That main system has been taxed with handling more runoff over time. That development is pressurizing and backing up the other systems. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 22,2017 Page 3 of 6 Sundberg then stated if property owners are asked to disconnect their foundation drain and rely on their sump pump to pump the water outside the hydraulics in the area would not be conducive to that. Brown reiterated the City would not be changing anything going on around the envelope; that would remain constant. It would be a matter of where the water would end up. Councilmember Siakel stated the parking lot in Freeman Park was regraded and some improvements were made to mitigate some of the drainage issues. Based on what staff has presented the drainage issue is bigger than just Shorewood Oaks. She stated she thought the City needs to have a plan for dealing with the water once it is pumped out of a house and flows off a property on to public roadways. Director Brown stated Shorewood has an ad hoc storm water system; it has been piecemealed together to make it work. From his perspective he thought it was time for Shorewood to focus on a trunk system throughout many areas in the City. That need was reinforced the previous very,ray weekend. Engineer Hornby resumed his presentation of the report. Strawberry Lane—The terrain is very flat and is prone to standing water. There is a need for the water to be able to flow somewhere. Strawberry Lane is a tributary to the chatinelalong Grant Lorenz Road. Five alternatives were evaluated for providing a piped outlet. Each alternative would require either the expansion of the existing pond or the creation of a new pond to provide rate control. The five alternatives are: 1. Route the runoff to an area that already holds stormwater which is located south of the Lake Minnetonka LRT Trail, It would require another stormwater retention pond south of Smithtown Road. For a variety of reasons including cost staff deemed this alternative not feasible. 2. This would take Strawberry Lane runoff up to Smithtown Road into a pond and then back out to drain up to Grant Lorenz Road. It would require reconstructing part of Smithtown Road where the City just installed storm sewer and a sidewalk. It would be somewhat costly. Staff has discounted this alternative. .. 3. This would involve having Strawberry Lane runoff crossing Church Road crossing Cathcart Drive down Beverly Drive and discharge into an existing wetland. This would use some of the concepts used in a plan that was in place in 1975. This alternative would solve some existing problems. It would divert water away from an area with an existing drainage issue. There are some areas the City does not have enough easement in to construct in to get the storm sewer through. Also, it would require very deep construction (15 —20 feet for 1500 feet) to adequately drain Strawberry Latic. That would be cost prohibitive. Therefore, staff does not deem this to be feasible. 4. This would take part of Strawberry Lane runoff down to just north of the LRT Trail and cross over to an existing pond in a subdivision. The pond does not have an outlet; one would have to be provided so it would discharge into an existing wetland. This would go down Afton Road. It would be very costly to do. 5. Staff thought the best alternative would be to direct the Strawberry Lane storm sewer to a to-be- constructed Smithtown Retention Pond via a drainage corridor through the Pebble Brook addition. The northern two-thirds of Strawberry Lane could be drained into there. Alexander Lane CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 22,2017 Page 4 of 6 could also be drained into that pipe. The Shorewood Oaks area could take the runoff from a small portion of Strawberry Lane. The cost for this would be very competitive. This alternative requires a little more investigation. Channel along Grant Lorenz Road(along the west side of the road) —There are water level and erosion issues causing driveway and culvert damage. In some spots the channel is 10 or more feet in depth. The intent would be to restore the channel and get some vegetation growing in there again. Some of the tree canopy would have to be reduced to allow sun light to get to the vegetation. The to-be-constructed Smithtown Retention Pond would help slow the storm water flow down. For two to ten year storm events the channel could still be used. For high flows there would still be a stormwater pond. For heavy rain events the pond would have an outlet. A bypass pipe would be put in that would go down Grant Lorenz Road at the north end. After going through a long complex system with wetlands in between the water eventually flows into Lake Minnetonka. Strawberry Gardens Pond is a small isolated pond. It is very flat and wet in that area. There would be value in installing a pipe as an outlet for the Pond. It would probably provide some drainage relief for the back yards of some of the properties in that area. The approximate cost for a bypass with retention, including,a pond, along Grant Lorenz Road was about $900,000. Road reconstruction was estimated to cost$2.275 million. Upstream diversion at Strawberry Gardens would cost about $600,000, That would involve pushing the water to the west of the wetland. For the little benefit,that would be gained that cost is too high. Alexander Lane Pond—When there is high water in Freeman Parr the Pond cannot drain. There is a need for an outlet such as running a pipe over to Strawberry Lane and having the water flow through that system. The estimated cost wbufci be$43,000 including a 25% contingency. Church Road Ponding-There is a persistent problem of water ponding in the road just before the cul- de-sac. There is an area where the water drains off of the street with just a spillway. The spillway has been subject to getting clogged with vegetation. It does"not take long for the vegetation to grow back up. It requires a lot of maintenance to keep it 'clear. There is a ditch that takes the water to the Lake Minnetonka LRT Reginal Trail to the south to existing culverts where it crosses. A short section of pipe could be installed to help get the water to the culverts. The estimated cost would be $29,000 including a 25%contingency. Hornby stated the next step is to modify the Comp Plan to include: alternative 5 for Strawberry Lane (estimated cost $242000); adding a pond just south of Smithtown Road; and installing a bypass pipe (estimated to be a 60-inch storm pipe) at Grant Lorenz Road. Council will have to decide if Grant Lorenz Road should be reconstructed or just restored after adding the pipe; restoration would cost about one-half of the cost of reconstruction. Mayor Zerby noted that in 2008 WSB prepared a Surface Water Management Plan for the City. It includes a lot of information. WSB took a similar high level approach for that Plan. He asked Engineer Hornby if that plan would be updated and then be incorporated into the Comp Plan. Engineer Hornby stated there will be some engineering services required that would be in addition to the consultant services for the more extensive updates to the Comp Plan. The City is going to have to update its 2008 Surface Water Management Plan with new rules and that would go through a Minnehaha Creek Watershed District review. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 22,2017 Page 5 of 6 Zerby asked if the City did any of the projects identified in the 2008 Plan. Hornby clarified a number of lower level drainage issues were addressed. Engineer Hornby noted the Surface Water Management Plan has to be updated every 10 years. Councilmember Johnson asked if stormwater improvements to Strawberry Lane and Alexander Lane are dependent on Strawberry Lane being reconstructed. Engineer Hornby confirmed that and noted that Strawberry Lane has been shifted around in the CIP. That is currently scheduled for reconstruction in 2018 but that is unlikely to happen because initial project work has not yet been done. Director Brown stated he thought it prudent for staff to review the utility fee for storm water and recommend an increase to ensure funding for the improvements Councilmember Siakel asked if the storm water management projects would be included in the 5-year CIP. Engineer Hornby stated he thought it would take longer than that to do them. - Engineer Hornby stated staff has been discussing that if properties become available that could be used for ponding the City should consider purchasing there. Or,at a minimum, contact the property owners to find out if they are willing to sell them or at least give the City the first right of refusal. Councilmember Johnson stated it is his understanding that water should flow along both sides of the LRT Trail. There is a great deal of debris there. Has there been any discussion with the Hennepin County Regional Rail Authority (HCRRA) about cleaning; that debris out. Engineer Hornby noted staff has spoken with HCRRA representatives about that. Director Brown noted the HCRRA and the Three Rivers Park District (TRPD) like the vegetation in that corridor. To adequately clean out that corridor would require removing many of the trees in the bottom ditch area to keep the water flowing. The HCRRA and the TRPD are not very supportive of doing that. Engineer Hornby stated that applies to trees that are lying down. The root balls for trees that are'standing have grown out of the ground because it is so wet and that blocks drainage. Councilmember Siakel asked if,doing the lower cost improvements near Alexander Lane and Church Road sooner would help, alleviate the issues for some of the property owners. Engineer Hornby stated there is a low point in Church Road just before the cul-de-sac. The Alexander Lane improvement is dependent on Strawberry Lane or taking other action such as building a pipe to the LRT Trail on its own or constructing a channel that would cut across Freeman Park. Councilmember,Sundberg asked if changing weather patterns are factored into the plans. For example, 100-year rainfalls are happening every few years. Engineer Hornby explained that recently the hydrograph curves for the nation have been updated. The runoff curves used when designing ponds and storm sewer systems have been changed. Storm sewer is designed more conservatively. For storm ponds and overland flow Atlas 14 curves are used. Director Brown stated a storm water system is built to handle the larger storms. No matter what the capacity is will be an event that is so quick and so powerful that the capacity will be exceeded. The goal is to balance the costs against the impacts. Over the past weekend he spent a lot of time with property owners who were very upset that water was flowing where it usually does not flow. He dealt with one property owner where water was lapping at their front door; that was a problem. Mayor Zerby stated he thought what was presented and discussed was a good start. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 22,2017 Page 6 of 6 Councilmember Labadie stated she thought it was a great presentation. Councilmember Johnson asked if there is a way to notify property owners about these types of meetings. Mayor Zerby stated the City could hold an open house once there is more information available. Councilmember Siakel stated there needs to be more detail available before doing that. Engineer Hornby stated that public process would be done for the Comp Plan updates. For smaller individual issues like Shorewood Oaks property owners in that area would be contacted and invited to a neighborhood meeting. Mayor Zerby announced that the Council was going to move to the large conference room to conduct interviews of applicants for the Park Commission. Administrator Lerud encouraged Council to reach consensus about a candidatc before it comes out of the meeting. The selected candidate would be appointed during Counci°l's June 12 meeting. 3. PARK COMMISSION INTERVIEWS Council interviewed Nathanial Gorham, 6065 Galpin Lake Road, and Holly Ashmore, 6064 Riviera Lane, for consideration of appointment to the Park Commission for a three-year,term. 4. ADJOURN Sundberg moved, Johnson seconded, Adjourning,the City Councit Work Session of May 22, 2017, at 7:05 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 22, 2017 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:05 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel,', ,and Sundberg; Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown; and, City Engineer Hornby Absent: None. B. Review Agenda Mayor Zerby noted staff asked that Item 11 be removed from the agenda. Sundberg moved, Labadie seconded, approving the agenda as amended.Motion passed 510. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded,Approving the Motions Contained on the Consent Agenda. A. Approving the City Council Regular Meeting Minutes of May 8, 2017. B. Approval ofthe Verified Claims List C.—- Authorization for Expenditure of Funds, Public Works – Two Toro Groundmaster Mowers D. Accept Proposal for OSHA Safety Compliance Training–Safe Assure Consultants Motion passed 510. 3. MATTERS FROM THE FLOOR Paul Sandor, 23950 Elder Turn, explained that every year he and his wife Anna have been noticing the water keeps going further on to their property. Lake Mary is on one side of their property, there is a pond on the other side and a pond to the back of their property. Their sump pumps need to be continually replaced because it burns out from such high use as a result of the high water. They continue to lose trees because they cannot survive the high saturation of water in the ground. This year the lake water is up much higher; it covers about one-half of their front yard. He asked if there is any way to pump some of the water out of the Lake. That would help mitigate some of the mold they get in their house. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 2 of 14 In response to a comment from Mayor Zerby, Engineer Hornby clarified the area Mr. Sandor referred to is not included in the City's Surface Water Management Plan. Engineer Hornby explained some of the water in Mary Lake has been pumped out a few times in the past in order to reduce the water level. The Lake has no natural outlet. After receiving a call from some residents he asked Public Works to assess the situation. He also contacted the Minnesota Department of Natural Resources (DNR) to find out if a permit would be required to pump water out of the Lake and if so what the process to obtain a permit would be. Director Brown explained the Lake was pumped two other times. The Lake level is not as high as it had been the other two times. In the past if there was a home that was in danger of flooding and if there were steps that could be taken to help reasonably mitigate the circumstances Public.Works would attempt to do so. The last time there was an issue of high water in Lake Mary that warranted pimping the then Council made it clear that the City did not have the funding to constfUct.a separate outlet. Before pumping the Lake the City would have to obtain the necessary permit; a process that takes five days,,.. Engineer Hornby noted the DNR has given staff the name of a person to work with to expedite the issuance of permit to authorize the pumping should Council decide to do:that. Public Works would have to find out how much it would cost to rent the pump. Councilmember Labadie asked if other homes,are in danger because of the high water. Director Brown stated based on his observation he does not thank;aoy homes are in danger. There are turf areas that are covered with standing water. Mr. Sandor noted their property is the lowest in the area. He then rioted there is a utility box in the area that is under water. Mayor Zerby stated Council,in the past has struggled with determining what the City's responsibility is to address issues that only impact a few properties. Mr. Sandor stated he had spoken with Director Brown in the past about what the problem would be with elevating part'of the yardto where it used to be. Ever year it continues to flood that area. They have all of that saturation that continues to coma into their home. He asked if it would be possible to raise the property at the shoreline up to where it used to be. Director Brown stated there are two issues. The property owner would have to take on raising the level of their private property. The City cannot make improvements to private properties. The other is if the Sandor's property was raised that would increase the water level for the other properties around the Lake. The DNR would require that some land would have to be excavated so that the water level would not be increased for other properties. Ms. Sandor asked if an outlet could be installed. Director Brown stated one could be constructed but doing so would be costly. Director Brown stated it is up to Council to decide if the City should pump the Lake. If Council decided constructing an outlet is the best long term solution it would have to decide how to pay for that. Mr. Sandor stated the runoff from higher elevation properties around that area flows into Mary Lake. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 3 of 14 4. PUBLIC HEARING A. Vacate Public Right-of Way Location: East Side of Lake Linden Drive Mayor Zerby opened the Public Hearing at 7:17 P.M. Director Darling explained that Mike Seifert requested the vacation of a paper street known as White Street. It is an undeveloped right-of-way (ROW). It is approximately 155 feel long and 60 feet wide and extends eastward from Lake Linden Drive. It begins approximately 300 feet south of the Yellowstone Trail/Lake Linden Drive intersection. Because the segment contains a sewer main the resolution stipulates the applicant must submit a 20-foot drainage and utility easement centered on the existing sewer main. Darling noted the same vacation was approved in 2007 and staff recommends if be approved again. Mayor Zerby asked why the vacation had not been recorded. Mike Seifert, 312 Third Street, Excelsior, clarified the,,vation had been approved twice for him. He explained he never recorded it because he did not have plans to build the lots at that time. By not recording the vacation he avoided the expense of recording fees and extra taxes. He noted he has a plan this time. Attorney Keane asked if the vacation includes the reservation of the utility easement in favor of the City. Director Darling noted the resolution does include that the applicant must submit the easement. Seeing no one present to comment on the case, Mayor Zerby opened and closed the Public Testimony portion of the Public Hearing at 7:24 P.M. Sundberg moved, Labadie seconded,Adopting RESOLUTION NO 17-050, "A Resolution Vacating Part of White Street."Motion passed 510. Mayor Zerby closed the Public Hearing at 7:21 P.M. 5. REPORTS AND PRESENTATIONS A.` Draft 2018 Lake Minnetonka Conservation District Budget(information only) Administrator Lerud stated the Lake Minnetonka Conservation District has a 2018 budget comment meeting scheduled for June 1. If members of Council have comments and cannot attend the meeting he asked that they send their comments to him and he will bring them forward. 6. PARKS 7. PLANNING A. Report by Janet Sylvester on the May 2, 2017,Planning Commission Meeting Commissioner Sylvester reported on the May 2, 2017, Planning Commission meeting during Council's May 8 meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 4 of 14 B. Conditional Use Permit for Accessory Space Applicant: Erin and Michael Neilon Location: 5795 Club Lane Director Darling explained Erin and Michael Neilon have purchased the property located at 5795 Club Lane. They propose to demolish the existing home on the property and build a new home. The new home would have an attached garage. They would like to keep an existing garage located on the north side of the property. The new garage would be 748 square feet in size and the size of the existing garage is 510 square feet. The combined area of the two garages would be 1258. Because,it exceeds the 1200 square feet allowed for accessory space it requires approval of a conditional use permit(C.U.P.). With regard to the analysis of the case, Darling reviewed how the applicants"proposal complies with the four criteria in Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code for granting this type of C.U.P. a. The total area of accessory buildings (1258 square feet) does not exceed the proposed floor area (3190 square feet) above grade of the proposed home. b. The total area of accessory buildings does not exceed,10,percent of the minimum lot size for the R-1C zoning district(.10 x 20,000=2000 square feet). c. The proposed garage complies with R-1C setback requirements. The total area of impervious surface on the property will only be 13.4 percent, much less than the 33 percent allowed. The faces of the two garages are oriented in different directions.. Therefore, the nearest property owner will only see a triple garage facade from their property. d. The applicants propose to re-side and re-roof the existing garage to match the new home and garage. Darling noted that based upon the analysis of the case the Planning Commission unanimously recommended granting the C.U.P;as proposed. Labadie moved, Sundberg seconded, ,Adopting RESOLUTION NO. 17-041, "A Resolution Granting:n Conditional Use hermit for Additional Accessory Space to Erin and Michael Neilon for their property,located at 5795 Country Club Road."Motion passed 510. C. Minor Subdivision Applicant: Mike Seifert Location, 6085 Lake Linden Drive Director Darling noted this item is related to Item 4.A on the agenda. She explained Mike Seifert owns the property located at 6085 Lake Linden Drive and he proposes to subdivide the property into two lots. The City approved it for a subdivision two other times; in 2008 and again in 2014. The applicant chose not to record the division at that time and is now reapplying. Both lots would comply with the lot area and width requirements of the R-1C zoning district. The applicant proposes a shared driveway for the two lots and would be required to submit a shared driveway easement and maintenance agreement that would be recorded with the resolution approving the subdivision. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 5 of 14 She then explained the wetland outlot to the immediate north of the right-of-way was supposed to have been deeded to the City as part of the approval of the original Linden Hills subdivision. Staff noticed the applicant never did that. The resolution for approval of this subdivision contains a condition that the applicant submit a draft deed and related title work that transfers ownership of the outlot to the City. The applicant must record that deed at the same time he records this minor subdivision. Darling noted that based upon the analysis of the case the Planning Commission unanimously recommended approval of the minor subdivision. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 17-042, "A Resolution Approving Subdivision of Real Property for Milton H. Seifert for his property located at 6085 Lake Linden Drive."Motion passed 510. D. Minor Subdivision Applicant: Warren Anderson Location: 25000 Yellowstone Trail Director Darling explained Warren Anderson and, Mary Penly own the property located at 25000 Yellowstone Trail. Their property is zoned R-IA, Single-Family Residential. It is located north of the intersection of Yellowstone Trail and Pleasant Avenue. They,propose to subdivide their lot into two building sites. Both lots would conform with the requirements,for the R-IA District. Staff included conditions in the resolution approving the minor subdivision requiring standard easements along the property lines. Darling noted that based upon the analysis of the case the Planning Commission unanimously recommended approval of the minor subdivision. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 17-043, "A Resolution Approving Subdivision of Real Property for Warren Anderson for his property located at 25000 Yellowstone Trail."Motion passed 510. E. Minor S,ubdivisi6n Applicant: Jay Venero/Mattamy Homes Location: 5985 Seamans Drive Director Darling explained Jay Venero owns the property located at 5985 Seamans Drive. He proposes to split off the rear 117 feet of his;property (on the east) and sell it to Mattamy Homes, LLC for inclusion into its Minnetonka Country Club (MCC) 2nd Addition Planned Unit Development (PUD). The subject property is zoned R-IA,uSingle-Family Residential. Mr. Vanero's home along with a detached accessory building are located on the westerly portion of the proposed subdivision. That parcel will conform to the minimum lot size requirements of the R-IA zoning district. Once the subdivision is approved and the sale of the east parcel is complete, the developer will remove the existing garage/greenhouse located on that parcel and it will become part of two lots for single-family homes in the PUD. A condition of approval of the subdivision is Mr. Vanero must provide deeds for drainage and utility easements, 10 feet around the west parcel. The easements for the east parcel will be addressed with the final plat of the MCC 2nd Addition. Darling noted that based upon the analysis of the case the Planning Commission unanimously recommended approval of the minor subdivision. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 6 of 14 Jay Vanero, 5985 Seamans Drive, noted he and his wife purchased the property in 1973 and that their house was built in 1923. He explained they have worked on improving the property ever since then. Except for the spruce trees near the street, they planted all of the trees on their property. They learned about the utility easement requirement after the last Planning Commission meeting. During numerous discussions with Rick Packer, from Mattamy Homes, that requirement never came up. That requirement never came up over those 1.5 years or longer of discussion about Mattamy purchasing a portion of their lot. There is about $250,000 worth of landscaping in the areas (at today's retail rates) where the utility easements would be. He thought the easements requirement would be an unnecessary encumbrance of their property. He seriously doubted the easements would ever be used for any of the purposes given. The encumbrance would be approximately 8,000 square feet of their property. The easements have never been registered on any of the surveys they had done for construction. To him it seems like an after the fact, last minute imposition. The easements would create a huge cost and he questioned if the City wants to do that. His lot is established. All of the utilities, with the exception of water,are in. He knows,where the water would go. There is a possibility of storm sewer. Because there is less than 12 inches that fall southwest to northeast through two other properties, he does not think that would work for the City. Mr. Vanero reiterated the easements would be an unnecessary encumbrance to a very old property. He asked the City to forego the utility easements. He stated if the City requires the easements he thought it would be because the City could do it not because the City needs them. On a different topic, Mr. Vanero stated he has approached staff three timi cs about trimming the trees along the sides of the road for clearance reasons. They are bad from the exit at off Highway 7 and all the way along Yellowstone Trail. Mr. Vanero thanked Council for its'thm. Director Darling noted,the drainage and utility easement requirement is a requirement for every minor subdivision. It was a requirement for the other minor subdivisions Council considered this evening. Councilmember Siakel asked where the easements,would be. Attorney Keane clarified it would be the outside boundary of the property in the setback area. Siakel stated because there is an easement she asked if that means that all of the landscapg would be removed from the easement. Keane responded no. Keanc explained every newly created lot in the City since, he thought, the adoption of the subdivision regulations has required the outside perimeter drainage and utility easements. Siakel commented that she thought the Vanero property is a beautiful area and she understood the emotional attachment to it. She stated requiring the easements protects the City in the future. Therefore, she supports making thc'm,a condition of approval of the subdivision. Mr. Vanero stated there is a provision for the ROW that if it is disturbed that it must be restored to substantially as it was. He asked if that is the same for the easements. Mayor Zerby inquired if utilities were put in the easements would trees and landscaping be restored. Mr. Vanero stated he thought trees and landscaping are separate issues. He asked who determines what substantially means. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 7 of 14 Engineer Hornby explained that with the use of the easement there is not a requirement to restore the easement to its original condition. The City would restore it to a condition that has turf on it, but it would not restore landscaping and trees. Mr. Vanero asked if the value of the loss would solely be theirs. If it would he does not think that would be fair. He stated he thought it was unreasonable to require easements this far along in the process. He reiterated it would be a significant encumbrance to the property. Attorney Keane reiterated that requiring easements is a standard provision for a subdivision. Mr. Vanero stated he thought the City would be taking the easements after the fact and he was just told the City would not be obligated to restore the easements if easements were disturbed when installing utilities or making drainage improvements. Mayor Zerby clarified the City would not be acquiring the easements',after the fact. The subdivision approval is the moment when that decision is made. He stated Mr. Vanero could withdraw his application. Mr. Venero noted his property is a homestead property and stated the easement acquisition is a current City requirement. He asked why the City would require the easements if it is unlikely,they would not be used. Mr. Vanero asked if there is any exception the City would be willing to make. Councilmember Siakel expressed she did not support making a policy exception for one property owner. Councilmember Johnson asked if the Planning Commission discussed the easements when this request was discussed. Director Darling stated there was some discussion about the easements and staff was asked to consider some flexibility in the language. The language Mattamy included in the easement documents submitted to the City basically negated the premise of having any easements on the property. Siakel moved, Sundberg seconded,Adopting RESOLUTION NO. 17-044, "A Resolution Approving Subdivision of Real Property for Say and Doris Venero, 5985 Seamans Drive." Councilmember Sundberg stated if Council approves the minor subdivision she asked if the applicant could decide not to subdivide hi ,property. Director Darling confirmed that yes he could. Mayor Zerby clarified that Council has been asked to vote on an application by the landowner that would allow him to subdivide h s,property. The City's policy requires there to be drainage and utility easements. That requirement is not a punitive action. Motion passed 510. F. Grading Permit for Minnetonka Country Club Planned Unit Development 2°a Addition Mayor Zerby stated Council first discussed the request from Mattamy Minneapolis, LLC to begin early grading for the second phase of its Minnetonka Country Club planned unit development(PUD) during its May 8, 2017, meeting. The request would allow Mattamy to begin earthwork prior to having its final plat approved for the second phase. Council chose to defer taking action until this meeting in order to allow more members of Council to comment on the request. There was also some concern regarding the status of MCC Phase 1 improvements. Director Darling noted the meeting packet contained a copy of a memorandum from Engineer Hornby describing the land development work that remains for the ls`Addition. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 8 of 14 The memo also addressed the concern regarding whether or not the financial securities were sufficient to cover the remaining ls`Addition work. She also noted that staff recommends Council adopt the resolution authorizing Administrator Lerud to execute the Agreement Regarding Grading and Site Utility Work of Phase 2 of the MCC PUD. She explained early grading would allow the internal trail system to be completed earlier. It would also allow the heavy construction activity to be completed earlier when there would be fewer residents living in the development. In response to a comment by Councilmember Sundberg, Mayor Zerby explained that during the May 8 meeting he expressed concern that because of the change in ownership of the MCC development site that Mattamy may not complete the construction of the amenities for public use it had promised to put in the development. The amenities were in exchange for some of the compromises the City made. A lot of the work on the amenities had not been completed. There had been several months when limited, if any, work was done on the project site. He thought approving the early grading could reduce the amount of leverage the City had in making sure Mattamy honored its commitments. He had asked Council to delay approval to this meeting to see what progress was made over those two weeks. He has,observed that sidewalks have been carved out and there has been some grading since May 8. There are stakes,in the ground for the trail along Country Club Road. Rain during the week of May 15 delayed work. He asked if Councilmembers are comfortable that Mattamy will complete the promised work. Councilmember Sundberg stated holding up the early grading would place a burden on the new owners of the site and not on Mattamy. Mayor Zerby stated it is his understanding that the agreement between Mattamy and the new owners had not been signed. Councilmember Labadie stated that during the May 8 meeting she commented that nothing draws a crowd like a crowd. Once houses are built and occupied that should increase the interest in the development. If the land development work does not get completed prior to the,ground freezing next fall/winter that will delay housing construction. She cited the example of the ice skating rink in Freeman Park not getting built last year because the ground froze early. She noted she understands the concerns Mayor Zerby has expressed and she shares solve of them. Mayor Zerby stated as a result of the progress that has been made since the May 8 meeting his position has softened. He .clarified the `original schedule for the project had Phase 2 land development work beginning i CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 9 of 14 Siakel inquired if the early grading would help accomplish that. Those items were part of the reason for approving the project. Councilmember Johnson stated that during the May 8 meeting he asked the Mattamy representative what percent of the trails were part of Phase 2. There was no specific answer given but it is clear a number of them will be done as part of Phase 2. Councilmember Siakel stated she would like the location of the trails to be visible. Mayor Zerby stated staff has assured him numerous times that there are a number of controls in place to ensure things get completed. He wants Mattamy to understand the City intends to require the amenities get constructed. He thanked Council for its patience. Motion passed 510. 8. ENGINEERING/PUBLIC WORKS A. Accept Quotes and Award Contract—Freeman Park South Parking Lot Paving Engineer Hornby explained the City solicited quotes from six local contractors for minor grading and paving of the Freeman Park south parking lot. The City received four quotes. The lowest responsive quote was received from Wm Mueller & Sons, Inc. for an amount of$63,854, The Engineer's Opinion of Cost was $71,150. There is $60,000 in the budget for this project. The remainder would be paid for out of reserve funds. Hornby noted staff recommends Council adopt the resolution accepting the quotes and awarding the contract to Wm Mueller& Sons. Mayor Zerby noted that this was discussed during Council's May 8, 2017, meeting and Council decided to continue it to this meeting when mote Councilmembers would be in attendance. Councilmember Labadie stated Council heard aboutthis extensively last summer. Many residents living near the area and people from the Minnetonka Baseball Association were in support of doing this. Labadie moved, Zerby seconded, Adopting RESOLUTION NO. 17-046, "A Resolution Accepting Quotes and Awarding Contract for the Freeman Park South Parking Lot Improvement Project, City Project 1110.,47-12, to WmiMueller & Sons, Inc. for a bid amount of$63,854." Motion passed 5/0. Jerry Brecke, a resident, stated it was anticipated the project would be done in June. He asked what impact the two-week delay in making a decision would have on the project. Engineer Hornby stated the contractor has more than one project in the area. The contractor was waiting to hear about the outcome of this meeting before scheduling this project. Councilmember Labadie stated some time was lost due to the rainy weather. Councilmember Johnson stated he wanted to take ownership for the two-week delay. As a relatively new member of Council he did not have the background on this that other members of Council had. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 10 of 14 Councilmember Siakel asked if the project would get done in 2017. Engineer Hornby confirmed it would. Mayor Zerby stated the City would make a concerted effort to keep the project on track. Engineer Hornby noted the City is posting all of its construction projects on the City's website. People are being encouraged to sign up to receive construction news via email. B. Accept Improvements and Authorize Final Payment — Smithtown Road Trail East Sidewalk Extension Improvements Engineer Hornby explained the Capital Improvement Program (CIP) slated$795,000 for the construction of the Smithtown Road East Sidewalk Extension and $1,340,000 was slated for the project in total. The final project construction amount was $860,284.47 including all project change order costs. The contractor has submitted Final Pay Voucher No. 10 for an amount of $71,472.24. Hornby noted staff recommends Council adopt the resolution included in the meeting packet that would accept the improvements and authorize the final payment to S. M. Hentges,&.Sons, Inc. Mayor Zerby asked if everything on the project punch list has been completed. Engineer Hornby responded yes. Zerby stated when he rides his bike past that area he has seen some construction debris and miscellaneous work that needs to be done. Hornby stated Mattamy Homes needs to complete that work with its subdivision. Zerby stated he received an email from a resident about a drainage issue where there has been some erosion. Hornby stated he is not aware of that:Zerby noted he would get that email to Hornby. Councilmember Siakel stated that once the final payment is,authorized she assumes that closes the Project out. Engineer Hornby clarified there is a warranty period for the work. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 17-047, "A Resolution Accepting Improvements and Authorizing Final Payment to S. M. Hentges & Sons, Inc. for an amount of $71,472.24 for the Smithtown Road East Sidewalk Extension Project, City Project 14-10." Motion passed 510. 9. GENERAL/NEW BUSINESS A. Purchase Card Administrator Lerud explained in 2014 Council authorized the City to enter into a purchase card(P-Card) program through PFM Financial'Services. For some reason the paper work was never completed to enter the program. The,P-Card is similar to a credit card but it is a broader way to charge things on behalf of the City. It keeps employees from having to use their own credit card for City related charges and then be reimbursed for them later. There would be fewer checks for the City to write. There would be central control over the use of the P-Cards. The City Administrator and Finance Director would have responsibility for approving the cards and setting the limits on cards. The City already has a pay card system for fuel purchases; it would be eliminated when the new program goes into effect. In 2014 Council adopted a resolution allowing employees to be able to pay expenses with the P-Card provided purchase was authorized by the City Administrator or Finance Director in advance. That resolution remains unchanged. The new resolution Council is being asked to consider this evening would restart the program through PFM and establish policy for its use. Councilmember Siakel asked how many employees would get a P-Card. Administrator Lerud replied that many would receive them as Public Works employees would use them for gas purchases. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 11 of 14 Department heads would receive one. Cards would be given out on an as needed basis. Siakel then asked if there would be a process like expense reporting put in place. Lerud stated they would have to submit a log along with receipts for charges monthly. Siakel went on to ask if the City would charge anywhere close to $50,000 annually. Lerud stated when fuel purchases are included yes. Siakel asked if there is a process in place for expense reporting. Lerud conformed that. He noted that PFM sent the City a model one with its paper work; the City will have to modify it a little. Siakel stated an expectation needs to be set for employees that they have to submit their expense reports by a certain day each month. Lerud explained PFM issues its invoice to the City on the 28 of the month. Employees would have to submit their expenses by that date. Mayor Zerby noted he supports the process. He questioned if doing,so would make it easier for employees to buy things that are not truly needed. Administrator Lerud explained the P-Cards use would be used for purchases the City already has to make. Councilmember Siakel asked Administrator Lerud if he is going to establish a policy for the use of the P- Cards. Lerud explained there is an 8-page policy that employees would have to read and acknowledge. Siakel stated she does not think it is appropriate for employees to have to pay for City items on their personnel credit cards. She then stated she supports the P-Card progratn'but included that there has to be a process that employees have to adhere to. Administrator Lerud noted that misuse of the P-Card is subject to discipline and possible termination. Johnson moved, Sundberg seconded, Adopting,,RESOLUTION ENO.° 17-048, "A Resolution Establishing a Purchase Card Program Operated by PFM and Establishing a Policy for its Use." Motion passed 510. B. Ordinance Amending City Code Regarding Schedule of Fees Clerk Thone explained,municipalities,are required to set forth fees to be reimbursed for administrative costs and expenses associated with issuing permits, licenses and providing other city services. She explained Shorewood has had a long standing practice of establishing and amending fees by ordinance. Land use fees are required to be set by ordinance pursuant to MN Statute §5462.353 Subd. 4.a if a city collects in excess of$5,640 cumulative on an annual basis. Shorewood typically collects in excess of this amount. Council is being asked to approve an ordinance that would repeal and replace Chapter 1301 of the Shorewood Municipal Code relating to license, permit service charges and miscellaneous fees. The new ordinance would allow for reference of a Master Fee Schedule to allow the establishment and amendment of fees by resolution,with the exception of the land use fees. A city is required to review its fees annually; she added there is value in reviewing the schedule on a more frequent basis to ensure relevance. The new process would be more efficient and economical while continuing to ensure council has control of the fees charged by the City. The cost and time savings should be significant. Currently each time the City changes a fee there is an amendment codification process and a publication process since ordinances must be published before they take effect. Resolutions do not require publication or re-codification. Thone clarified the Council is being asked to take action on three items. The first is approving the ordinance repealing and replacing Chapter 1300, the second is approving the publication of the ordinance by title and summary, and the third is adopting the resolution adopting the Master Fee Schedule. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 12 of 14 Mayor Zerby stated he thought that what has been proposed makes sense. He thanked Clerk Thone for her efforts. Councilmember Siakel complimented Clerk Thone on the items provided to Council, stating the work was very thorough. She expressed her appreciation for Thone clearly stating what actions Council needs to consider. Siakel moved, Sundberg seconded,Approving ORDINANCE NO. 541, "An Ordinance Repealing in its Entirety Chapter 1300 Titled Municipal Fees Chapter 1301 License,,Permit, Service Charges and Miscellaneous Fees and Adopting a New Chapter 1300 Titled Municipal Fees Chapter 1301: Establishing a Master Fee Schedule for the City of Shorewood."Motion passed 510. Siakel moved, Johnson seconded, approving the publication of Ordinance"541 by title and summary pursuant to MN Statute §331A.01. Motion passed 510. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 17-049, "A Resolution Adopting Master Fee Schedule."Motion passed 510. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Director Brown stated that about 540 customers left things off at Public Works for Spring Clean-up day on May 20. That was down when compared to other years,and it was likely because it was a very rainy day. There were 10,286 pounds of paper collected at the shredding event the same day. Engineer Hornby stated staff is,working on getting,a new schedule for the restoration of the watermain extension project area north of Highway 7. That was scheduled to have happened on May 16 but did not because of the rain that day.He then stated that on May 18 he spent the day dealing with drainage issues. Clerk Thone stated she completed the paperwork for the City to receive an $8,334 rebate from Xcel Energy for the LET} Lighting Initiative at City Halt and the Public Works Facility. The check should arrive within approximately six weeks. Director Darting stated the Metropolitan Council has sent out the new population estimates. Since 2010 Shorewood's population grew by 189 people; its population is now 7,496. The number of households grew by 78; the iiumber of households is now 2,736. Lerud explained he has worked through a natural gas agreement and sent it to Attorney Keane. He anticipates it will be sent to CenterPoint Energy soon. He is in the process of working on the franchise agreement for Xcel Energy; there are many differences between Xcel's proposed agreement and the League of Minnesota Cities' (LMC)model. He plans on sending it to Keane for review in the near future. Lerud noted the 2016 audit starts on May 30; he has been assured that it will be done in the required time. He anticipates it will be presented to Council during its June 26 meeting. Lerud said that at the last Tonka Bay City Council meeting, the council directed their Administrator to contact him and discuss having a formal traffic study done for the Birch Bluff/Pleasant Avenue area. Lerud said that he and Engineer Hornby met with the Tonka Bay Administrator and their engineer and discussed a study, but he did not commit Shorewood to participating in a study. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 13 of 14 He said that both cities have the same engineering firm, and WSB will be submitting a proposal that the council could consider at its next meeting. Mayor Zerby stated it is his understanding that Tonka Bay would like Shorewood to pay for part of the cost of the traffic study. He questioned why the City would pay for something if it does not have a say in it. He clarified he would consider funding part of it provided Shorewood has a vote on it. Councilmember Siakel stated that she would like whatever is discussed or done to become part of the public record. She noted she attended the Tonka Bay Council meeting when the study was discussed. She thanked staff for keeping abreast of what is going on with that. Attorney Keane stated the State Legislature was scheduled to conclude is work tonight. Within one or two meetings he will provide Council with a legislative update. From hi"s perspective it was not a good session for cities. Generally, there were a number of initiatives and bills to,reign in the economy of municipalities of city initiatives. The State Aid to cities has been reduced. Councilmember Sundberg stated in Attorney Keane's report she asked him to report to Council regarding his thoughts on how the Senator and Representative did in support of representing City of Shorewood issues. Attorney Keane stated the small cell tower initiative that had been pushed back by the LMC early in the legislative session came roaring back. He encouraged the City topay,attention. It was a national effort undertaken by the industries to strategically go state by state and impose upon the local municipalities, through the State Legislature, their industry preferences. He thought that trend would occur with more regularity in the future. Mayor Zerby asked Engineer Hornby to provide an update on improvements recommended by the traffic committee. Hornby explained the request for quotes for pavement markings are going out this week. Fresh markings will help calm traffic. Public Works assessed intersections for sight distance clearing along the Country Club Road / Yellowstone Trail / Lake Linden Drive corridor. There had been discussion about installing curb at the radii to tighten up the curves on each end. That work will be added to the reclamation projects. Staff has not ordered the blinker stop signs yet. Director Brown stated staff has obtained quotes for blinker signs; they came in at $2000 per sign. Staff believes the proper time to install them is when the curb radii axe installed. He explained the corridor has six stop signs. Staff believes four of them would warrant being a blinker stop sign; the minor approach for each intersection would not. Mayor Zerby asked when staff'anticipates bringing those items to Council for review. Director Brown stated the pavement project will dictate that. Engineer Hornby explained that it is in design now and he anticipates having plans in about four weeks. Council will then have to authorize advertising for bids. He and Director Brown discussed putting the signs in the bid and having the contractor install them. Ken Huskins, 24075 Mary Lake Trail, (a member of the Traffic Committee), asked if the widening of Country Club Road is included in the amenities for the Minnetonka Country Club (MCC) development project. Mayor Zerby explained as part of that project the City is acquiring additional right-of-way but the developer has no responsibility for widening the road. Mr. Huskins asked when the road might get widened. Zerby stated that has not been scheduled while noting it is on the list. Engineer Hornby explained staff is working on updating the 20-Year Pavement Management Plan and the street inventory. The previous Saturday he worked on the street inventory. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 22,2017 Page 14 of 14 There are 198 streets and five categories used to estimate costs. He had to relink the spreadsheets to ensure all of the necessary information was being captured. Staff is scheduled to review and discuss that on May 25. Mayor Zerby said based on an email exchange with Director Brown, Hennepin County is scheduled to have its speed display sign along Chaska Road installed by mid-June. Brown stated that is what he has been told. Brown explained the County offered to purchase one of the two signs for that area; the City is going to purchase the other. The City asked the vendor to match the quote the County got for its sign; the vendor did that. He noted the County is being cooperative in determining the location for its sign. Also, the County agreed to have Shorewood's sign shipped directly to the County,and the County is going to install both signs. He expressed his appreciation for the County's help. Mayor Zerby asked Director Brown to get another update for Council for its June 12 meeting. B. Mayor and City Council Councilmember Siakel thanked Public Works staff for its extra efforts on May 20. It rained very heavy that day during the spring clean-up event. Director Brown thanked Communications Coordinator Moore and Administrative Assistant Pricco for their efforts in preparing for and working the shredding and spring,clean-up event. He also thanked Rick Moore and the Moore's daughter for helping with the event. Mayor Zerby noted there was a going away gathering before the meeting for departing Planning Director Nielsen. Zerby stated he thought the relatively new City Clerk and Planning Director did a good job during the meeting. He noted he is looking forward to working with them. 11. ENTER INTO CLOSED SESSION TO CONDUCT PERFORMANCE REVIEW UNDER COUNTIL'S AUTHORITY This item was removed from the agenda. 12. ADJOURN Labadie moved,Siakel seconded,Adjourning the City Council Regular Meeting of May 22, 2017, at 8:28 P.M. Motion passed 510. RESPECTFULLY SUB'MIT'TED, Christine Freeman, Recorder ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk ® #2C MEETING TYPE City of Shorewood nib Meeting Item Regular Meeting ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Verified Claims Meeting Date: June 12, 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. 63671—63675&ACH 194,729.54 63676&ACH 17,032.09 63677—63718&ACH 134,778.84 Total Claims $346,540.47 We have also included a payroll summary for the payroll period ending May 28, 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: 00003.05.2017-PR-05302017 City Of CITY OF SHOREWOOD Shorewood Account Number Debit Amount Credit Amount Description FUND 101 General Fund 101-00-1010-0000 0.00 41,910.16 CASH AND INVESTMENTS 101-13-4101-0000 10,866.56 0.00 FULL-TIME REGULAR 101-13-4103-0000 344.41 0.00 PART-TIME 101-13-4121-0000 814.97 0.00 PERA CONTRIB-CITY SHARE 101-13-4122-0000 857.64 0.00 FICA CONTRIB-CITY SHARE 101-13-4151-0000 96.17 0.00 WORKERS COMPENSATION 101-15-4101-0000 1,824.50 0.00 FULL-TIME REGULAR 101-15-4121-0000 136.84 0.00 PERA CONTRIB-CITY SHARE 101-15-4122-0000 139.55 0.00 FICA CONTRIB-CITY SHARE 101-15-4151-0000 12.22 0.00 WORKERS COMPENSATION 101-18-4101-0000 5,311.71 0.00 FULL-TIME REGULAR 101-18-4121-0000 398.38 0.00 PERA CONTRIB-CITY SHARE 101-18-4122-0000 401.98 0.00 FICA CONTRIB-CITY SHARE 101-18-4151-0000 35.59 0.00 WORKERS COMPENSATION 101-24-4101-0000 4,269.25 0.00 FULL-TIME REGULAR 101-24-4121-0000 320.20 0.00 PERA CONTRIB-CITY SHARE 101-24-4122-0000 305.94 0.00 FICA CONTRIB-CITY SHARE 101-24-4151-0000 27.45 0.00 WORKERS COMPENSATION 101-32-4101-0000 7,212.18 0.00 FULL-TIME REGULAR 101-32-4102-0000 213.47 0.00 OVERTIME 101-32-4121-0000 556.91 0.00 PERA CONTRIB-CITY SHARE 101-32-4122-0000 561.10 0.00 FICA CONTRIB-CITY SHARE 101-32-4151-0000 441.75 0.00 WORKERS COMPENSATION 101-33-4101-0000 131.05 0.00 FULL-TIME REGULAR 101-33-4121-0000 9.84 0.00 PERA CONTRIB-CITY SHARE 101-33-4122-0000 10.04 0.00 FICA CONTRIB-CITY SHARE 101-33-4151-0000 2.25 0.00 WORKERS COMPENSATION 101-52-4101-0000 4,629.97 0.00 FULL-TIME REGULAR 101-52-4121-0000 347.26 0.00 PERA CONTRIB-CITY SHARE 101-52-4122-0000 353.23 0.00 FICA CONTRIB-CITY SHARE 101-52-4151-0000 217.64 0.00 WORKERS COMPENSATION 101-53-4101-0000 907.04 0.00 FULL-TIME REGULAR 101-53-4121-0000 68.04 0.00 PERA CONTRIB-CITY SHARE 101-53-4122-0000 69.38 0.00 FICA CONTRIB-CITY SHARE PR-G/L Distribution Report(05/26/2017- 12:50 PM) Page 1 Account Number Debit Amount Credit Amount Description 101-53-4151-0000 15.65 0.00 WORKERS COMPENSATION FUND Total: 41,910.16 41,910.16 FUND 201 Southshore Center 201-00-1010-0000 0.00 1,124.54 CASH AND INVESTMENTS 201-00-4101-0000 680.87 0.00 FULL-TIME REGULAR 201-00-4102-0000 21.84 0.00 OVERTIME 201-00-4103-0000 282.50 0.00 PART-TIME 201-00-4121-0000 51.06 0.00 PERA CONTRIB-CITY SHARE 201-00-4122-0000 73.71 0.00 FICA CONTRIB-CITY SHARE 201-00-4151-0000 14.56 0.00 WORKERS COMPENSATION FUND Total: 1,124.54 1,124.54 FUND 601 Water Utility 601-00-1010-0000 0.00 9,089.34 CASH AND INVESTMENTS 601-00-4101-0000 6,319.40 0.00 FULL-TIME REGULAR 601-00-4102-0000 1,023.75 0.00 OVERTIME 601-00-4105-0000 302.90 0.00 WATER PAGER PAY 601-00-4121-0000 572.79 0.00 PERA CONTRIB-CITY SHARE 601-00-4122-0000 574.65 0.00 FICA CONTRIB-CITY SHARE 601-00-4151-0000 295.85 0.00 WORKERS COMPENSATION FUND Total: 9,089.34 9,089.34 FUND 611 Sanitary Sewer Utility 611-00-1010-0000 0.00 2,968.76 CASH AND INVESTMENTS 611-00-4101-0000 2,208.13 0.00 FULL-TIME REGULAR 611-00-4105-0000 302.90 0.00 SEWER PAGER PAY 611-00-4121-0000 188.30 0.00 PERA CONTRIB-CITY SHARE 611-00-4122-0000 188.24 0.00 FICA CONTRIB-CITY SHARE 611-00-4151-0000 81.19 0.00 WORKERS COMPENSATION FUND Total: 2,968.76 2,968.76 FUND 621 Recycling Utility 621-00-1010-0000 0.00 1,392.91 CASH AND INVESTMENTS 621-00-4101-0000 464.25 0.00 FULL-TIME REGULAR 621-00-4102-0000 712.25 0.00 OVERTIME 621-00-4121-0000 88.24 0.00 PERA CONTRIB-CITY SHARE 621-00-4122-0000 88.76 0.00 FICA CONTRIB-CITY SHARE 621-00-4151-0000 39.41 0.00 WORKERS COMPENSATION FUND Total: 1,392.91 1,392.91 PR-G/L Distribution Report(05/26/2017- 12:50 PM) Page 2 Account Number Debit Amount Credit Amount Description FUND 631 Storm Water Utility 631-00-1010-0000 0.00 3,901.87 CASH AND INVESTMENTS 631-00-4101-0000 3,030.28 0.00 FULL-TIME REGULAR 631-00-4102-0000 246.63 0.00 OVERTIME 631-00-4121-0000 245.79 0.00 PERA CONTRIB-CITY SHARE 631-00-4122-0000 249.28 0.00 FICA CONTRIB-CITY SHARE 631-00-4151-0000 129.89 0.00 WORKERS COMPENSATION FUND Total: 3,901.87 3,901.87 FUND 700 Payroll Clearing Fund 700-00-1010-0000 60,387.58 0.00 CASH AND INVESTMENTS 700-00-2170-0000 0.00 34,297.09 GROSS PAYROLL CLEARING 700-00-2172-0000 0.00 5,255.89 FEDERAL WITHHOLDING PAYABLE 700-00-2173-0000 0.00 2,246.93 STATE WITHHOLDING PAYABLE 700-00-2174-0000 0.00 7,747.00 FICA/MEDICARE TAX PAYABLE 700-00-2175-0000 0.00 7,090.76 PERA WITHHOLDING PAYABLE 700-00-2176-0000 0.00 1,699.52 DEFERRED COMPENSATION 700-00-2177-0000 0.00 1,409.62 WORKERS COMPENSATION 700-00-2183-0000 0.00 640.77 HEALTH SAVINGS ACCOUNT FUND Total: 60,387.58 60,387.58 Report Total: 120,775.16 120,775.16 PR-G/L Distribution Report(05/26/2017- 12:50 PM) Page 3 Accounts Payable b � Check Detail User: Mnguyen Printed: 05/26/2017- 2:07PM w city of Shorewood Check Number Check Date Amount 5-FFTPS-FEDERAL W/H Line Item Account 0 05/26/2017 Inv PR-05-30-2017 Line Item Date Line Item Description Line Item Account 05/26/2017 PR Batch 00003.05.2017 Federal Income Tax 700-00-2172-0000 5,255.89 05/26/2017 PR Batch 00003.05.2017 FICA Employee Portion 700-00-2174-0000 3,139.32 05/26/2017 PR Batch 00003.05.2017 FICA Employer Portion 700-00-2174-0000 3,139.32 05/26/2017 PR Batch 00003.05.2017 Medicare Employee Portion 700-00-2174-0000 734.18 05/26/2017 PR Batch 00003.05.2017 Medicare Employer Portion 700-00-2174-0000 734.18 Inv PR-05-30-2017 Total 13,002.89 0 Total: 13,002.89 5-FFTPS-FEDERAL W/H Total: 13,002.89 833-HOTFRTZ,JOSHUA Line Item Account 53667 05/26/2017 Inv 27660WoodsideRd Line Item Date Line Item Description Line Item Account 05/26/2017 Escrow Refund-27660 Woodside Road 880-00-2200-0000 500.00 Inv 27660WoodsideRd Total 500.00 53667 Total: 500.00 833-HOTFRTZ,JOSHUA Total: 500.00 2-ICMA RFTIRFMFNT TRUST-302131-457 Line Item Account 53668 05/26/2017 Inv PR-05-30-2017 Line Item Date Line Item Description Line Item Account 05/26/2017 PR Batch 00003.05.2017 Deferred Comp Flat Amount 700-00-2176-0000 1,550.00 05/26/2017 PR Batch 00003.05.2017 Deferred Comp Percentage 700-00-2176-0000 149.52 Inv PR-05-30-2017 Total 1,699.52 53668 Total: 1,699.52 AP-Check Detail(5/26/2017- 2:07 PM) Page 1 Check Number Check Date Amount 2-ICMA RETIREMENT TRUST-302131-457 Total: 1,699.52 279-METROPOLITAN COUNCIL (WASTEWATER)Line Item Account 0 05/26/2017 Inv 1068146 Line Item Date Line Item Description Line Item Account 06/01/2017 Monthly Waste Water Svc 611-00-4385-0000 57,558.27 Inv 1068146 Total 57,558.27 0 Total: 57,558.27 279-METROPOLITAN COUNCIL (WASTEWATER)Total: 57,558.27 286-MIDWEST MAILING SYSTEMS INC Line Item Account 0 05/26/2017 Inv 76372 Line Item Date Line Item Description Line Item Account 06/01/2017 Newsletter Postages-June 101-13-4208-0000 450.55 06/01/2017 Newsletter Svc-June 101-13-4400-0000 424.64 Inv 76372 Total 875.19 0 Total: 875.19 286-MIDWEST MAILING SYSTEMS INC Total: 875.19 11-MINNESOTA DEPARTMENT OF REVENUE Line Item Account 0 05/26/2017 Inv PR-05-30-2017 Line Item Date Line Item Description Line Item Account 05/26/2017 PR Batch 00003.05.2017 State Income Tax 700-00-2173-0000 2,246.93 Inv PR-05-30-2017 Total 2,246.93 0 Total: 2,246.93 11-MINNESOTA DEPARTMENT OF REVENUE Total: 2,246.93 665-OPIUM BANK Line Item Account 0 05/26/2017 Inv PR-05-30-2017 Line Item Date Line Item Description Line Item Account 05/26/2017 PR Batch 00003.05.2017 HSA-OPTUM BANK 700-00-2183-0000 640.77 Inv PR-05-30-2017 Total 640.77 AP-Check Detail(5/26/2017- 2:07 PM) Page 2 Check Number Check Date Amount 0 Total: 640.77 665-OPIUM BANK Total: 640.77 9-PERA Line Item Account 0 05/26/2017 Inv PR-05-30-2017 Line Item Date Line Item Description Line Item Account 05/26/2017 PR Batch 00003.05.2017 MN-PERA Deduction 700-00-2175-0000 3,292.14 05/26/2017 PR Batch 00003.05.2017 MN PERA Benefit Employer 700-00-2175-0000 3,798.62 Inv PR-05-30-2017 Total 7,090.76 0 Total: 7,090.76 9-PERA Total: 7,090.76 336-PURCHASE POWER Line Item Account 0 05/26/2017 Inv 1004079996-05/09 Line Item Date Line Item Description Line Item Account 05/11/2017 Moistener Replacement 101-13-4200-0000 30.98 Inv 1004079996-05/09 Total 30.98 0 Total: 30.98 336-PURCHASE POWER Total: 30.98 360-SOUTH LAKE MINNETONKA POLICE DEPARTMENT Line Item Account 53669 05/26/2017 Inv June-2017-013 Line Item Date Line Item Description Line Item Account 06/01/2017 Monthly-Operating Budget Exp 101-21-4400-0000 98,125.00 Inv June-2017-013 Total 98,125.00 53669 Total: 98,125.00 360-SOUTH LAKE MINNETONKA POLICE DEPARTMENT Total: 98,125.00 384-TOTAL PRINTING SERVICES Line Item Account 53670 05/26/2017 Inv 11502 Line Item Date Line Item Description Line Item Account 06/01/2017 Newsletters-June 101-13-4400-0000 739.00 AP-Check Detail(5/26/2017- 2:07 PM) Page 3 Check Number Check Date Amount 06/01/2017 Safety Camp Insert 101-53-4351-0000 150.00 06/01/2017 SSCC Insert-June 201-00-4351-0000 270.00 Inv 11502 Total 1,159.00 Inv 11503 Line Item Date Line Item Description Line Item Account 05/18/2017 Inspection Notice 101-24-4351-0000 257.50 Inv 11503 Total 257.50 53670 Total: 1,416.50 384-TOTAL PRINTING SERVICES Total: 1,416.50 415-WARNER CONNECT Line Item Account 0 05/26/2017 Inv 29933445 Line Item Date Line Item Description Line Item Account 06/01/2017 Monthly Network Maint Services 101-19-4321-0000 2,662.60 Inv 29933445 Total 2,662.60 Inv 29933455 Line Item Date Line Item Description Line Item Account 04/30/2017 Additional Services Charge-April 101-19-4321-0000 1,991.25 Inv 29933455 Total 1,991.25 0 Total: 4,653.85 415-WARNER CONNECT Total: 4,653.85 411-XCEL ENERGY,INC.Line Item Account 0 05/26/2017 Inv 5145317119-My17 Line Item Date Line Item Description Line Item Account 05/22/2017 C.H.Svcs 101-19-4380-0000 424.30 05/22/2017 P.W.Bldg Svc 101-32-4380-0000 255.40 05/22/2017 P.W.Street Lights Svc 101-32-4399-0000 419.45 05/22/2017 Parks 101-52-4380-0000 454.66 05/22/2017 Amesbury 601-00-4394-0000 86.14 05/22/2017 Boulder Bridge 601-00-4396-0000 979.06 05/22/2017 S.B.Area Svc 601-00-4398-0000 2,463.05 05/22/2017 Street Lights 611-00-4380-0000 559.19 Inv 5145317119-My17 Total 5,641.25 Inv 5175061613-My17 Line Item Date Line Item Description Line Item Account AP-Check Detail(5/26/2017- 2:07 PM) Page 4 Check Number Check Date Amount 05/24/2017 24253 Smithtown Rd 601-00-4395-0000 364.78 Inv 5175061613-Myl7 Total 364.78 Inv 9 1 9 1 1 02220-Myl7 Line Item Date Line Item Description Line Item Account 05/23/2017 5735 Country Club Rd 201-00-4380-0000 790.85 Inv 9 1 9 1 1 02220-Myl7 Total 790.85 0 Total: 6,796.88 411-XCEL ENERGY,INC.Total: 6,796.88 Total: 194,637.54 AP-Check Detail(5/26/2017- 2:07 PM) Page 5 Accounts Payable b � Check Detail User: Mnguyen Printed: 05/31/2017- 11:53AM w city of Shorewood Check Number Check Date Amount 216-HENNEPIN COUNTY RESIDENT&REAL ESTATE SERVICES Line Item Account 63671 05/31/2017 Inv 05312017-Records Line Item Date Line Item Description Line Item Account 05/31/2017 Records 101-13-4400-0000 92.00 Inv 05312017-Records Total 92.00 63671 Total: 92.00 216-HENNEPIN COUNTY RESIDENT&REAL ESTATE SERVICES Total: 92.00 833-HOTERTZ,JOSHUA Line Item Account 63672 05/31/2017 Inv 27660Woodside Line Item Date Line Item Description Line Item Account 05/31/2017 Escrow Refund-27660 Woodside Road 880-00-2200-0000 500.00 Inv 27660Woodside Total 500.00 63672 Total: 500.00 833-HOTERTZ,JOSHUA Total: 500.00 2-ICMA RETIREMENT TRUST-302131-457 Line Item Account 63673 05/31/2017 Inv PR-05-26-17 Line Item Date Line Item Description Line Item Account 05/26/2017 PR Batch 03.05.2017-Deferred Flat Amount 700-00-2176-0000 1,550.00 05/26/2017 PR Batch 03.05.2017-Deferred Flat Percentage 700-00-2176-0000 149.52 Inv PR-05-26-17 Total 1,699.52 63673 Total: 1,699.52 2-ICMA RETIREMENT TRUST-302131-457 Total: 1,699.52 360-SOUTH LAKE MINNETONKA POLICE DEPARTMENT Line Item Account 63674 05/31/2017 AP-Check Detail(5/31/2017-11:53 AM) Page 1 Check Number Check Date Amount Inv June-2017-OBE Line Item Date Line Item Description Line Item Account 06/01/2017 Monthly-Operating Budget Exp 101-21-4400-0000 98,125.00 Inv June-2017-OBE Total 98,125.00 63674 Total: 98,125.00 360-SOUTH LAKE MINNETONKA POLICE DEPARTMENT Total: 98,125.00 384-TOTAL PRINTING SERVICES Line Item Account 63675 05/31/2017 Inv 11502-Invoice Line Item Date Line Item Description Line Item Account 06/01/2017 Newsletters- June 101-13-4400-0000 739.00 06/01/2017 Safety Camp Insert 101-53-4351-0000 150.00 06/01/2017 SSCC Insert-June 201-00-4351-0000 270.00 Inv 11502-Invoice Total 1,159.00 Inv 11503-Invoice Line Item Date Line Item Description Line Item Account 05/18/2017 Inspection Notice 101-24-4351-0000 257.50 Inv 11503-Invoice Total 257.50 63675 Total: 1,416.50 384-TOTAL PRINTING SERVICES Total: 1,416.50 Total: 101,833.02 AP-Check Detail(5/31/2017-11:53 AM) Page 2 O O O O O O O Lam+ N ICI bA d � C• 0 a d O i. d z d ° a rpmH Q Q 0 0 N N 0 0 M M O O � O O U O O U U O O U U 'O 'O N N W W � N N W Q Q � O O O � O O U O O O O O O O O O A N N N N N N N ICI O O O O O O O � •O � � O O Z � N � � O O O O O U N O al C C ai vi vi vi ai h al O O M C C C �' U ct ct P0 C v1 O a LO O O O �.) \O O O O \O O \O O O O O U U �••i � � Z N N � h � Z � � h � Z � � � � .� 'O p-I U h h U U U U N O N LU+ N ICI bA d � C• 0 a d O i. d z 0 a a H U d i. W �d W O �i N 'O 'O O O O N 'O O O W O U O A L� d � O N Q � ' N .�I O 'O z o �U N � O N L� \O \O x N O O O M O +c� O U O M W � O d O M \O O U M M -ct cd 00 O S7 U U 00 U �i Accounts Payable b � Check Detail User: Mnguyen Printed: 06/02/2017- LOOPM w city of Shorewood Check Number Check Date Amount 414-ZIEGLER INC Line Item Account 0 06/02/2017 Inv SW050274266 Line Item Date Line Item Description Line Item Account 04/07/2017 SLMPD-Lightning Damages to UPS 308-00-4360-0000 13,706.44 Inv SW0 5 027 426 6 Total 13,706.44 0 Total: 13,706.44 414-ZIEGLER INC Total: 13,706.44 Total: 13,706.44 AP-Check Detail(6/2/2017- 1:00 PM) Page 1 Accounts Payable b � Check Detail User: Mnguyen Printed: 06/06/2017- 11:50AM w city of Shorewood Check Number Check Date Amount 630-CARVER COUNTY SERVICE CENTER Line Item Account 63676 06/06/2017 Inv 2017-TruckLicen Line Item Date Line Item Description Line Item Account 06/05/2017 2017 Truck-License&Sales Tax 403-00-4640-0000 3,325.65 Inv 2017-TruckLicen Total 3,325.65 63676 Total: 3,325.65 630-CARVER COUNTY SERVICE CENTER Total: 3,325.65 Total: 3,325.65 AP-Check Detail(6/6/2017- 11:50 AM) Page 1 a w h w w w d d O O O w � o O �,a v f/1 O O O O O O O O O O O O O O O 01 01 CO CO CO CO CO F-i '/i O O O N N 01 O N N 01 O O O U u O u O u O O O O O O O O O O O O O A N N N N N N N N N N N N N N N a +' O O O O O O \o M M 't 't M oo h O 01 M 01 o N 01 1 O O M r— x cl v m 01 N 'n M N 01 0 c N N M '/l CO 01 \O o M '/l N h h W w W a4 'o P4 N 0 0 a M U o x U y N m oo U U p cD x v v v v v p � p N d 0 v l l l o U U N .N N v, v, v, N U U a1 a1 a1 a1 a1 ol w ^^Ct to ° � x cn U cD .. 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Title/Subject: Sprint Spectrum Cellular Antenna Lease Amendment Meeting Date: June 12, 2017 Prepared by: Greg Lerud, City Administrator Reviewed by: Larry Brown, Public Works Director Tim Keane, City Attorney Attachments: Resolution Proposed amendment Policy Consideration: Should the City Council extend the lease with Sprint for cell service? Background: Staff was contacted by a representative of Sprint Spectrum L.P about extending the lease that expired on December 31, 2016. The terms of the lease are slightly different that the terms approved at the February meeting for AT&T's lease extension. The monthly lease amount is higher in this lease, compared with the AT&T lease, but the annual escalator for rate is lower—3%versus 5%. The overall difference is negligible. The terms of this lease call for a five year term, renewable two times in addition to this initial term. Financial or Budget Considerations: These rates are consistent with the contract terms of other leases for tower space. The city collects over$150,000 in tower rent annually, and with the changing nature of communications, it is important that the city lock in these leases for spaces that may not be needed in the future. Options: The City Council can adopt the Resolution as presented or give direction to staff to negotiate different terms and conditions with the provider. Recommendation/Action Requested: Staff recommends adopting the Resolution as presented. Next Steps and Timeline: We will work with the carrier to update the terms of the agreement and implement the new lease fees. 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 Site Name: Shorewood Water Tower Site ID#:MS03XC208 AMENDMENT NO. 1 TO WATER TOWER SPACE LEASE AGREEMENT This Amendment No. 1 ("Amendment"), effective as of the date last signed below ("Effective Date"), amends a certain Site Agreement between Sprint Spectrum Realty Company, LLC a Delaware limited liability company as successor in interest to Sprint Spectrum L.P., ("Lessee") and City of Shorewood, a Minnesota municipal corporation("City"),dated January 19, 1997(the"Agreement"). BACKGROUND The Agreement will expire on December 31,2016 Lessee and City desire to extend the term of the Agreement,as set forth herein. AGREEMENT In consideration of the mutual promises between the parties and for other good and valuable consideration,the receipt and sufficiency of which is acknowledged, City and Lessee agrees as follows: 1. Term Extension. Notwithstanding the provisions of Section 1 of the Agreement, the term of the Agreement will be extended for three (3) additional renewal terms of 5 years each ("Additional Renewal Terms"), commencing upon expiration of the last remaining Renewal Term of the Agreement, under the same terms and conditions as are set forth therein, and as otherwise amended. The Agreement will automatically be extended for each successive Additional Renewal Term unless Lessee notifies City of its intention not to renew prior to commencement of the succeeding Additional Renewal Term. 2. Notices. All notices must be in writing and are effective only when deposited in the U.S. mail, return receipt requested and postage prepaid or when sent via overnight delivery service. Notices to Lessee are to be sent to: Sprint Spectrum Realty Company, LLC Sprint Property Services, Mailstop KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251-2650, with a mandatory copy to: Sprint Law Department, Mailstop KSOPHT0101-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020,Attn.: Real Estate Attorney. 3. Rent. As of the Amendment Commencement Date, the current License Fee payable under the License shall be Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) per month. On each anniversary of the Amendment Commencement Date during the Term, the monthly License Fee shall increase by three percent(3%)over the License Fee in effect immediately prior to such increase 4. Termination. Notwithstanding any provision contained in this Agreement to the contrary, following the expiration of the New Initial Term,Lessee may,in Lessee's sole and absolute discretion and for any or no reason,terminate this Agreement without further liability upon ninety(90)days prior written notice to City. If Lessee elects to terminate this Agreement after the New Initial Term,then Lessee will pay to City a termination fee in the amount of six(3)months of the then current License Fee("Termination Fee") 5. General Terms and Conditions. (a) All capitalized terms used in this Amendment,unless otherwise defined herein,will have the same meaning as the terms contained in the Agreement. 1 (b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment,the terms and conditions herein will control. Except as set forth below, all provisions of the Agreement are ratified and remain unchanged and in full force and effect. (c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. (e) City agrees to execute and deliver to Lessee a Memorandum of Agreement in the form annexed to the Agreement as Exhibit C, as modified to show the Additional Renewal Terms and acknowledges that Lessee may record the Memorandum of Agreement in the official records of the County where the Site is located. The parties have executed this Amendment as of the Effective Date. City: Lessee: City of Shorewood, Sprint Spectrum Realty Company,LLC a Minnesota municipal corporation a Delaware limited liability company By: NOT FOR EXECUTION By: Name: Name: Michael Mizzell Title: Title: Manager—Vendor Management Date: Date: 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sprint Property Services Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 [space above this line for Recorder's use] MEMORANDUM OF FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT This Memorandum of Agreement ("Memorandum") dated , 20 , evidences that a Water Tower Space Lease Agreement (the "Lease") dated January 19, 1997 (the "Effective Date"), was made and entered into between the City of Shorewood, a Minnesota municipal corporation ("City") and Sprint Spectrum Realty Company, LLC a Delaware limited liability company as successor in interest to Sprint Spectrum L.P., ("Lessee") The Agreement provides in part that Licensee has the right to enter upon certain real property owned by City and located at 5500 Old Market Road, Shorewood, Minnesota 55331, as further described in the Agreement (the " Premises ") for the purpose of installing, operating and maintaining a communications facility and other improvements. The Premises is further described in Exhibit A attached hereto. The term of Licensee's lease and tenancy under the Agreement is five (5) years commencing on January 1, 2017 ("Term Commencement Date"), and is subject to two (2) renewal terms of five (5) years each that may be exercised by Lessee. The parties have executed this Memorandum as of the day and year first above written.. City: Lessee: City of Shorewood, Sprint Spectrum Realty Company, LLC, a Minnesota municipal corporation a Delaware limited liability company By: NOT FOR EXECUTION By: Printed Name: Printed Name: Michael Mizzell Title: Title: Manager—Vendor Management CITY NOTARY BLOCK STATE OF ) )ss. COUNTY OF ) The foregoing instrument was (choose one) Qattested or Facknowledged before me this day of , 201, by (choose one) as an individual. Qi as of a corporation, on behalf of the corporation. Q, partner or agent on behalf of a partnership. In witness whereof I hereunto set my hand and official seal. NOTARY PUBLIC LESSEE NOTARY BLOCK STATE OF KANSAS ) ) ss. COUNTY OF JOHNSON ) The foregoing instrument was acknowledged before me this day of , 201, by Michael Mizzell on behalf of Clear Wireless LLC. In witness whereof I hereunto set my hand and official seal. NOTARY PUBLIC EXHIBIT A TO MEMORANDUM OF SITE AGREEMENT Site Description Attached to and Forming a part of the Water Tower'Space Lease Agreement between Sprint Spectrum L.,P.,a.%Lessee and City of"Shoro wood,as City Legal Description - Premises: Lot 7,Block 2,Rageae 11eights CITY OF SHOREWOOD RESOLUTION NO. 17-051 A RESOLUTION APPROVING AMMENDMENT NO. I TO WATER TOWER SPACE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SHOREWOOD (CITY) AND SPRINT SPECTRUM REALTY COMPANY, LLC (LESSEE) FOR PREMISES LOCATED AT 5500 OLD MARKET ROAD WHEREAS, the City and Lessee entered into an Agreement dated January 19, 1997 (hereinafter, the "Agreement"); WHEREAS, the City and Lessee desire to amend and renew said Agreement, as provided and attached hereto as Exhibit A, "First Amendment to Agreement"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1. The Mayor and Council approve the "First Amendment to Agreement" to the Water Tower Space Lease Agreement by and Between the City of Shorewood and the Lessee. 2. The Mayor and Council approve the Memorandum of First Amendment to Water Tower space lease agreement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12'' day of June, 2017. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2E MEETING TYPE City of Shorewood Council Meeting Item REGULAR .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Purchase card policy Meeting Date: June 12, 2017 Prepared by: Greg Lerud Reviewed by: Attachments: P-card usage policy and attachments Background: At the May 22 city council meeting,the council approved joining the P-card program through PFM. Not included with that information was the usage policy and related forms. Attached to this memo are the proposed policies for employee use and card use forms. These were generated from the model sent by PFM, and modified to fit the City of Shorewood's needs. Financial or Budget Considerations: There are no financial considerations in approving this usage policy. Options: Approve the policy as attached or direct staff to make revisions. Recommendation/Action Requested: Approve the policy as presented. Next Steps and Timeline: Distribute these policies to employees who will be using the P card for purchases. The signed acknowledgment of the usage policy must be received before the employee will be issued a card. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Pagel CITY OF SHOREWOOD MASTERCARD PURCHASE CARD PROGRAM Procedures Manual for the City of Shorewood Program Card Administration Name: Greg Lerud, City Administrator Table of Contents Introduction To Obtain a MasterCard Purchase Card General Information Acceptable MasterCard Purchase Card Purchases Unacceptable MasterCard Purchase Card Purchases Program Restrictions Reconciliation and Payment When Your Records Do Not Agree With Your Monthly Statement Lost or Stolen Cards Sales and Use Tax In Summary Purchase Card Glossary Appendix: Cardholder Application Form Acknowledgment of Receipt of the MasterCard Purchase Card Purchase Card Order Log Cardholder Misuse Report Terms of Revocation Form Introduction Welcome to the City of Shorewood MasterCard Purchase Program provided by PFM Financial Services LLC ("PFM") through BMO Harris Bank N.A., IL. The Purchase Card is a simplified and cost-effective method of purchasing and remitting payment for approved expenditures. The Purchase Card can be used for retail purchases; i.e. in person or by mail, online, telephone or fax. The Purchase Card is embraced by public and private organizations as a means to create an easy to use process perfectly suited for all dollar purchases. In the continuing effort to improve service to our staff, this is one more opportunity to achieve that goal. The Purchase Card is to be used in accordance with the guidelines established within this manual. You are asked to treat this program with the same sense of responsibility and security you would use with you personal credit cards. All Purchase Cards are issued at the request of the City of Shorewood and card usage will be audited and may be rescinded at any time. You are the only person authorized to use your card! This manual provides the guidelines under which you may utilize your Purchase Card. Please read it carefully. Your signature on the Cardholder Authorization Form indicates that you understand the intent of the program and agree to adhere to the guidelines established for the program. The Program Card Administrator will receive your Purchase Card approximately 7-10 business days after submitting your application to PFM. Upon receipt of your card, the Program Card Administrator will schedule you for a Purchase Card training session. Upon successful completion of your training session, you will receive your card. At the training session you will fill out the Acknowledgement Form for receipt of your card. You may then call the Bank activation number (1-800-263-2263)to activate your purchasing card. Please contact Greg g erud, City Administrator if you have any questions. Record keeping will be essential to ensure the success of this program. This is not an extraordinary requirement since standard reimbursement policies require the retention of all receipts. Finally, remember you are spending on behalf of the City of Shorewood each time you use the Purchase Card. To Obtain a City of Shorewood MasterCard Purchase Card: Please read this manual in its entirety before requesting your MasterCard Purchase Card. The manual will provide you with a variety of information: How to apply for a Purchase Card What type of purchases can and cannot be made on the Purchase Card What type of merchants will accept the Purchase Card Record maintenance and monthly statement reconciliation Other miscellaneous information The City must indicate approval by signing the Cardholder Application form before it can be processed. All requests will be processed through Greg Lerud, 952-960-7906. After you have read this manual and understand the outlined procedures,please complete the Cardholder Application Form. You must indicate the City of Shorewood's mailing address and e-mail address to receive statements and correspondence related to the program. Read carefully and sign the Cardholder Application Form. Your Authorized Supervisor will also be asked to sign this form. When you receive your Purchase Card, sign the back of the card and call the Bank to activate the card. Always keep the card in a safe place! Then, sign the Acknowledgment Form and return it to Purchasing. Although the card is issued in your name, it is the property of the City of Shorewood and is only to be used for City purchases as defined in this manual. Purchase cards are renewed automatically and new cards are issued by BMO Harris Bank every 36 to 48 months. You will be assigned a company ID and User ID in the set-up process of accessing BMO details Online report and card management website, this will occur during training with the Program Card Administrator. General Information The Purchase Card may be used at any merchant that accepts MasterCard credit cards. The Purchase Card is not to be used for personal purchases. You are responsible for the security of your card and any transactions made against the card. The Purchase Card is issued in your name and it will be assumed that any purchases made against the Purchase Card will have been made by you. Use of the Purchase Card not in accordance with the guidelines established for this program will result in revocation of the card, and employee may be subject to disciplinary action, up to and including discharge. You will not be charged an annual fee for your card. BMO Harris Bank will pay merchants within 24-48 hours of(the merchants')posting of your transaction to MasterCard. Your department budget is reduced by each transaction and reflected by the following month Original receipts and a copy of the Monthly Card Member Activity Report (printed from BMO details Online Website) should be forwarded to Finance by the 4th of each month. Acceptable MasterCard Purchase Card Purchases The following information provides examples of purchases that are appropriate for the Purchase Card: O Recurring Expenses, i.e. leases, insurance O Road Salt, Asphalt, Concrete O Construction Materials O Food Services O Utilities O Fuel, maintenance equipment O Approved supplies for your program O Conference/Seminar registrations O Travel/Conference expenses O Hardware Stores, Office Depot, Home Depot, etc. O Fed Ex/UPS charges O Other miscellaneous items that apply to your program and budget Unacceptable MasterCard Purchase Card Purchases The following items define where the Purchase Card is not an appropriate choice: O Alcoholic Beverages/tobacco O Lottery Tickets, Gambling O Cash Advances, or ATMS's O Gift Certificates This list is not intended to be all-inclusive. If you have specific questions, please call your Purchase Card Administrator for assistance. Program Restrictions Each MasterCard Purchase Card has been assigned a monthly credit limit determined by your supervisor. BMO Harris Bank will only take direction from your authorized program administrator. All requests and limit changes must be approved and made by your program administrator, or BMO Harris Bank will not make those changes. The MasterCard will be accepted for purchases of generally approved City of Shorewood commodities. Businesses and services determined not to offer products commonly accepted for the City of Shorewood use have been blocked from accepting the Purchase Card. Limiting the acceptable Merchant Category Codes does this. The Merchant Category Code is a four-digit classification code used in the authorization and settlement systems to identify the type of merchant (commonly known as Standard Industrial Code "SIC" Levels of credit authorization are in place to clearly define the individual purchasing limit controls. We have chosen to define our control limits by levels. Each designated level can have a transaction limit, daily limit, and monthly limit and will be set by the Program Administrator. The Program administrator reserves the right to revise these amounts based on unique circumstances. Transaction Daily Monthly Level Limit Limit Credit Limit Reg. Employee $ 1,000 $ 2,000 $ 5,000 Dept. Head $ 5,000 $ 5,000 $ 10,000 *Transactions falling outside the assigned level are designed to be declined at the point of sale. If your card is declined by a merchant and you feel the decline should not have occurred, contact Greg Lerud within 24 hours. Request for transaction, daily and monthly limit changes are to be made by the Department Head to the Program Card Administrator. Reconciliation and Payment The MasterCard Purchase Card program carries corporate, not individual, liability. A single invoice covering all City of Shorewood purchases will be generated each month. Purchase Cards will be paid each month by Finance. You will not be required to pay your monthly statement using personal funds. The Purchase Card does not impact your personal credit rating in anyway. It is required that you retain all original receipts for goods purchased. If you purchase via phone or mail, require the merchant to include a receipt with the goods when the product is shipped to you. If that is not possible, you must obtain a packing slip when the shipment is received to document the purchase. Every cardholder will need to review their statement (at a minimum one time per month and can be reviewed within details Online within 24-48 hours) for all transactions made against their MasterCard Purchase Card during the previous billing cycle. You have the option to change (reclassify) default coding, or to split and reclassify between multiple codes. Original receipts and a copy of your BMO Harris Bank Statement (printed from the website) should be forwarded to Finance by the fourth of the month. The cardholder may keep a transaction log of all receipts and statements. The log serves to remind cardholders of transactions and assists in reconciliation of the monthly statements. A periodic audit will be conducted of card activity, retention of receipts, reconciled detail and signed monthly statements. Misuse of the MasterCard Purchase Card includes: O Using the Purchase Card for personal purchases O Purchase of unauthorized items O Use of the Purchase Card by someone other than the cardholder O Fraudulent or inaccurate record keeping When Your Records Do Not Agree with Your Monthly Statement There may be an occasion when you find items on your transaction log that do not correlate with your retained receipts or monthly cardholder statement. Reconciliation of your monthly statement is very important to determine if you made a particular transaction, the amount of the transaction is correct, or you have a quality or service issue. Your first recourse is to contact the merchant involved to try to resolve the error. If the merchant agrees that an error has been made, your account will be credited. Highlight the transaction in question on your statement as a reminder that the item is still pending resolution. Be sure to check that the credit is received on your next monthly statement. If you are unable to resolve the issue directly with the merchant, contact the customer service department at BMO Harris Bank, 1-888-267-7838. When calling, be sure to have detailed information regarding the dispute. State that you would like to dispute a charge on your Purchase Card. You are required by law to submit the information in writing to initiate a claims dispute with BMO Harris Bank. The amount of the next monthly statement will be reduced by the amount of the disputed item until the question is resolved. (See Cardholder Dispute Form at the back of the manual.) Any charge you wish to dispute must be identified in writing within 30 days of the statement date to BMO Harris Bank. You are responsible for the transactions identified on your statement. When an audit is conducted on your account, you must be able to produce receipts that a City of Shorewood approved transaction occurred. If an error is discovered you are responsible to show that the error or dispute resolution process has been followed. Lost or Stolen Cards The MasterCard Purchase Card is the property of the City of Shorewood and should be secured just as you would secure your personal credit cards. If your card is lost or stolen, contact BMO Harris Bank customer service number (1-888-267-7838), immediately then notify the Purchase Card Administrator. When calling customer service, be prepared to provide your social security number. Upon notifying BMO Harris Bank, the card will be deactivated immediately. If the card is reported lost or stolen and is later used, the Merchant will decline it. Prompt action in these circumstances is very important to reduce City of Shorewood possible liability for fraudulent charges. Sales Tax Merchants are usually required by taxing authorities to include sales tax when goods are purchased. The amount is dependent on a variety of factors, including the state and city where you are purchasing the goods. Purchases of items by public or non-profit entities (for their own use) are generally exempt from sales tax. The exemption applies to the public or non-profits, not to the individual. If the purchase is being made from a new vendor, it is the cardholder's responsibility to notify Finance to provide ST3 form to notify the merchant that the City of Shorewood is Tax Exempt since the data strip on the card does not carry such information embedded in it. Our MN state tax exempt number is 8021972. Should you have additional questions, please contact Greg Lerud for assistance. In Summary The City of Shorewood Purchase Card Program is an opportunity to reduce paperwork, expedite the purchasing process at the department level and reduce administrative expenses. Exercise good judgment and act within your authorized budget when using your card. The Purchase Card is issued in your name and all activity will be assumed to have been incurred by you. We ask you to maintain simple but accurate records and receipts for auditing purposes. The City of Shorewood is working to continually improve the way business is conducted and your feedback is critical to achieving that goal. Your use of a MasterCard Purchase Card for appropriate purchases can help us achieve significant savings by decreasing the amount of checks we process each month. The purchase card is a program in progress to be utilized as another option to make purchases. The program will continue to evolve and transform as it best fits the City's needs. If you have any questions about the program or need additional information, please contact: Greg Lerud (952) 960-7905 Purchase Card Glossary Retail Face to face transaction where cardholder presents the Purchase card to the merchant and the card are physically swiped through the terminal. Principal/Department Person authorized to oversee and make decisions Supervisor regarding expenditures. Customer The card user and Principal/Department Supervisor. Vendor/Merchant/Supplier Synonymous terms, meaning the place where you make the purchase. Program Card Administrator The City employee administering the purchase Card program. Greg Lerud, 952-960-7905 Revocation To nullify by withdrawing, recalling or reversing card privileges. Receipt Written acknowledgement that merchandise or service has been received. Invoice An itemized list of goods or services shipped or received with an account of all costs. Statement Summary of all sales in a given period. (NOT AN INVOICE) Strategy Operational criteria defining purchasing limit controls which are tied to each individual account. Point of Sale (POS) Terminal A device placed at a vendor/merchant/supplier location which is connected to the bank's system via the telephone lines and is designed to authorize, record, and forward data by electronic means for each sale. Cardholder An individual to whom a Harris Bank MasterCard Purchase Card is issued. Merchant Category Code (MCC) A four-digit classification code used in the authorization and settlement systems to identify the type of merchant, also commonly known as, Standard Industrial Code (SIC). Reconciliation Check to assure receipts match with monthly statements. CARDHOLDER APPLICATION FORM MasterCard Purchase Card applicants need to acquire authorization from their Department Supervisor to apply for the Purchase Card. APPLICANT INFORMATION: (Please print clearly) Location Phone Number Location Address Applicant's Name Applicant's E-Mail address Transaction Limit: Daily Limit: Monthly Limit: Approver Name Approver E-Mail address AUTHORIZATION As the Department head, I hereby grant the above mentioned Applicant authorization to apply for, and use, the City of Shorewood MasterCard Purchase Card for the account number listed below. I also agree to review and sign the monthly MasterCard Purchase Card statements issued to the above applicant. If the applicant's employment with the City is terminated, I agree to notify the Program Card Administrator. Department Head Signature Default Budget Account Code ACKNOWLEDGEMENT OF RECEIPT OF THE MASTERCARD PURCHASE CARD I acknowledge that, on the date indicated below, that I have reviewed a copy of this procedure manual explaining the use and responsibilities of the Purchase Card and have the opportunity to ask any questions I have about the program. I understand that: The Purchase Card is a cost-effective method for the purchase and payment of goods and services for City of Shorewood use and is limited to $ per month. The Purchase Card is to be used solely for business purchases; not personal purchases. I am responsible for reconciling monthly statements and maintaining accurate accounting records. I understand that misuse of the Purchase Card can subject me to disciplinary action, up to and including discharge. Should my employment with the City end, I am responsible for returning the Purchase Card to the Program Card Administrator immediately. Employee Signature Employee Name (Please Print) Date: Please return this form to Greg Lerud City of Shorewood MasterCard Order Log Cardholder Name: Office Location: Department: For The Period: Date Date Total $ Ordered Delivered Amount Description Expense Code 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 20 Cardholder Signature: Authorizing Signature: Date: Dept/Title: RETAIN RECEIPTS, CARD STATEMENT AND LOG AT SITE/DEPARTMENT CARDHOLDER MISUSE REPORT Date: Location: DESCRIPTION OF MISUSE: ACTION TAKEN: RECOMMENDATION: SUBMITTED BY: TELEPHONE NUMBER: RETURN THIS FORM TO THE PROGRAM CARD ADMINISTRATOR IMMEDIATELY FOR REVIEW AND PROCESSING TERMS OF REVOCATION FORM As an authorized user of the MasterCard Purchase Card, I understand that I am the only person authorized to make purchases with the Purchase Card issued to me and that such purchases must be in connection with my employment with, for the benefit of, and authorized by the City of Shorewood. I understand that the following items constitute misuse of the MasterCard Purchase Card and that any misuse will result in the revocation of my privileges to be a MasterCard Purchase Cardholder, and may result in revocation of all departmental and/or divisional Purchase Card privileges. In addition, such misuse can subject me to discipline up to and including discharge. Misuse of the MasterCard Purchase Card includes the following: O Using the MasterCard Purchase Card for personal purchases O Purchase of unauthorized items O Use of the Purchase by someone other than the cardholder O Fraudulent or inaccurate record keeping If the MasterCard Purchase Card is used for personal purchases, for unauthorized items, or by someone other than myself, I hereby agree to personally pay either the City of Shorewood or the vendor for such purchases and hereby authorize the City, if necessary, to withhold from my paycheck any amount necessary to pay these charges. Name of Cardholder Date (Please Print) Cardholder's Signature NOTE: In addition to the above consequences for misuse of the MasterCard Purchase Card,The City of Shorewood retains the right to take further action,whether in the form of disciplinary action,termination of employment,and/or legal prosecution,in the event of gross misuse or fraud involving City funds. #2F MEETING TYPE City of Shorewood Council Meeting Item REGULAR .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: City of Shorewood Personnel Policy Changes Meeting Date: June 12, 2017 Prepared by: Greg Lerud Reviewed by: Sandie Thone, City Clerk Tim Keane, City Attorney Attachments: Resolution Policy Consideration: Should the Shorewood City Council update its personnel policy language to reflect Statutory language? Background: Occasionally the MN Legislature and the Governor approve laws that require the city to review its own personnel policy language to ensure that it is consistent with state, and federal law. Following a recent court decision, the League of Minnesota Cities recommends adding the following language to the city's sexual harassment policy: • The City is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. §363A.28,subd. 3(b)by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights. Looking at the past couple of years of statutory language changes, staff discovered that there are two other changes that should be made to the personnel policy. The first is a new definition of"family." Below is the city's current personnel policy definition: 8.04 Current Regular employees may use accumulated sick leave for absences due to an illness or a health care related appointment of the employee's spouse/partner or child where attendance may be necessary, on the some terms the employee is able to use sick leave for the employee's own illness or appointments. A doctor's certificate maybe required for sick spouse/partner/parent/child leave absences. All doctor's certificates required by this subdivision will be obtained at the employee's expense(see Section 8.06 of employee handbook.) The League of Minnesota Cities model Personnel Policy language is as follows: Pursuant to Minn. Stat. §181.9413, eligible employees may use up to 160 hours of sick leave in any calendar year for absences due to an illness of or injury to the employee's child,spouse,sibling,parent, 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 grandparent,stepparent,parent-in-law(mother-in-law and father-in-law), and grandchild(includes step- grandchild, biological, adopted, or foster grandchild). Given there are a couple of differences between the current language and the League's model language, staff recommends that the following language be adopted to adhere to the spirit of the current language. 8.04 Regular employees may use accumulated sick leave for absences due to an illness or health care related appointment of the employee's child(including: adult child,step-child, biological, adopted, or foster child),spouse,sibling,parent, grandparent,stepparent,parent-in-law, and grandchild(including step- grandchild, biological, adopted, or foster grandchild) where attendance may be necessary, on the some terms the employee is able to use sick leave for the employee's own illness or appointments. A doctor's certificate may be required for use of sick leave. All doctor's certificates required by this subdivision will be obtained at the employee's expense(see Section 8.06 of employee handbook). The final recommendation has to do with the statutory requirement allowing sick leave to be used for safety leave. The city currently has no language addressing this, and staff recommends adopting the model language found in the League policy: Safety leave. Employees are authorized to use sick leave for reasonable absences for themselves or relatives(employee's child, adult child,step-child, biological, adopted, or foster child),spouse,sibling, parent, mother-in-law,father-in-law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the employee and the employee's child, is limited to 160 hours in a calendar year. Financial or Budget Considerations: None Options: 1. Adopt the recommended additions contained in the attached Resolution. 2. Direct staff and the city attorney to prepare revised language that is consistent with Statue. Recommendation/Action Requested: Adopt the Resolution as presented. Next Steps and Timeline: If approved,the personnel policy will be updated and distributed to employees. Connection to Vision/Mission: Sound and current personnel policies are in the city's best interest. CITY OF SHOREWOOD HENNEPIN COUNTY, MINNESOTA RESOLUTION 17- RESOLUTION ADOPTING PERSONNEL POLICY CHANGES PURUSANT TO MINNESOTA STATE STATUTE WHEREAS, the Shorewood City Council has adopted a personnel policy to set forth rules and policies for personnel management for City of Shorewood policies; and WHEREAS, the State legislature passes bills and the Governor signs into law that have an impact on the city's personnel policies that require the City to adopt modifications; and WHEREAS, the City has reviewed recent recommendations, as well as prior year recommendations, from the League of Minnesota Cities for changes to personnel policy language; and WHEREAS, upon review, there are several changes that need to be made to the city's personnel policy to ensure consistency with State law, NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Shorewood hereby approves the following changes to the city's personnel policy: A) 8.04 Regular employees may use accumulated sick leave for absences due to an illness or health care related appointment of the employee's child (including: adult child, step- child, biological, adopted, or foster child), spouse, sibling, parent, grandparent, stepparent,parent-in-law, and grandchild (including step-grandchild, biological, adopted, or foster grandchild) where attendance may be necessary, on the same terms the employee is able to use sick leave for the employee's own illness or appointments. A doctor's certificate may be required for use of sick leave. All doctor's certificates required by this subdivision will be obtained at the employee's expense (see Section 8.06 of employee handbook). B) 8.041 Safety leave. Employees are authorized to use sick leave for reasonable absences for themselves or relatives (employee's child, adult child, step-child, biological, adopted, or foster child), spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent)who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the employee and the employee's child, is limited to 160 hours in a calendar year. C) New language to be inserted as third bullet point under heading "Resolution of a Complaint"under the city's Sexual Harassment Policy: • The City is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat. § 363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Commissioner of the Department of Human Rights. BE IT FURTHER RESOLVED, these changes are effective upon adoption of this Resolution. ADOPTED BY SHOREWOOD CITY COUNCIL ON THE 12TH DAY OF June, 2017 Scott Zerby ATTEST Sandie Thone, City Clerk #2G MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Resolution Accepting Quotes and Award of Construction Contract for the 2017 Pavement Marking Project. Meeting Date: 6/12/2017 Prepared by: Paul Hornby Reviewed by: Attachments: Resolution, Quote Results Summary Background: The City annually provides for maintenance of City street pavement markings. Streets scheduled for the 2017 Pavement Marking Project are illustrated on the attached location map.The pavement markings consist of roadway and parking lot striping, crosswalks, stop bars and directional pavement messages such as turn arrows and crosswalks. In 2017, staff has scheduled pavement markings earlier in the season for roadways that are not on the sealcoat, mill and overlay, and reconstruction project schedules. Pavement markings for these projects will be part of the contract awarded for each individual improvement project. Staff worked with the City of Minnetrista on a cooperative quote for this project in an effort to reduce overall costs. Quotes were requested from three contractors and the City received three quotes with the lowest responsive quote received from AAA Striping Service Company,with the low quote of$17,509.00, compared to the Engineer's Opinion of Cost$25,415.00. Options: 1. Approve the resolution accepting quotes and awarding the contract to the lowest responsible and responsive quote for the 2017 Pavement Marking Project. 2. Reject all quotes for the 2017 Pavement Marking Project. 3. Take no action on this item at this time. Recommendation/Action Requested: City staff recommends approving the Resolution Accepting Quotes and Award of Construction Contract for the 2017 Pavement Marking Project,AAA Striping Service Company,with the low quote of $17,509.00. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 17 - A RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR THE 2017 PAVEMENT MARKING PROJECT WHEREAS, pursuant to an invitation to provide quotes for local improvements designated as the 2017 Pavement Marking Project, quotes were received, opened on May 31, 2017, and tabulated according to law; and WHEREAS, the City Council has determined that AAA Striping Service Company the lowest quote in compliance with the quote documents. 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 AAA Striping Service Company in the name of the City of Shorewood, 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 contractors providing quotes the deposits made with their quotes, except for the deposits of the successful quote and the next two lowest quotes, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June, 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk AL WS 477 Temperance Street St. Paul, MN 55101 (651)286-8450 May 31. 2017 Honorable Mayor and Council Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 2017 Pavement Marking Project City of Shorewood, MN WSB Project No. 2925-26 Honorable Mayor and Council Members: Three quotes were received for the above-referenced project on Wednesday, May 31. 201. The quotes were checked for mathematical accuracy and tabulated. Enclosed is the tabulation of quotes with the lowest base bid (Shorewood portion) as submitted by AAA Striping Service Co. of St. Michael, Minnesota in the amount of$17,509.00. The Engineer's Estimate was $25,41.00. The Alternate bid items are for the City of Minnetrista portion. Alternate No. 1 add markings with Paint, while Alternate No. 2 add markings with Epoxy. The following show the bids amounts when adding either the Epoxy or Paint options. Base Bid plus Base Bid plus Alternate 1 Alternate 2 Minnetrista Roadway Minnetrista Roadway Total Base Bid Pavement Markings Pavement Markings Contractor (Shorewood) (Paint) (Epoxy) AAA Striping Service Co. $17,509.00 $21,239.00 $26,539.80 Warning Lites of MN, Inc. $18,788.00 $23,816.00 $23,592.90 Sir Lines-A-Lot $23,591.60 $29,484.60 $33,334.60 Engineer's Opinion of Cost $25,415.00 $29,358.00 $31,147.00 We recommend that the City Council review the bids received and determine if either of the Alternate bids will be included in this contract. Sincerely, WSB &Associates, Inc. Paul Hornby, PE Sr. Project Manager Enclosures kkp Building a legacy—your legacy. Equal Opportunity Employer I wsbeng-Corn K:\02925-260\Admin\Construction Adm in 2925-16 LTR hm cc 053117.docx PROJECT: 2017 Pavement Marking Project OWNER: City of Shorewood, MN WSB PROJECT NO.: 2925-26 Quotes Opened: Wednesday, May 31, 2017 @ 12:00 pm Base Bid plus Base Bid plus Alternate 1 Alternate 2 Minnetrista Minnetrista Roadway Roadway Pavement Pavement Bid Security Total Base Bid Markings Markings Contractor (5%) (Shorewood) (Paint) (Epoxy) 1 AAA Striping Service Co. X $17,509.00 $21,239.00 $26,539.80 2 Warning Lites of MN, Inc. X $18,788.00 $23,816.00 $23,592.90 3 Sir Lines-A-Lot X $23,591.60 $29,484.60 $33,334.60 Engineer's Opinion of Cost $25,415.00 $29,358.00 $31,147.00 1 hereby certify that this is a true and correct tabulation of the quotes as received on May 31. 2017. .. e Paul Hornby, PE Sr. ro0� ject Manager =Denotes corrected figure KM2925-2601AdmiMConstruction AdmiM2925-16 Bid Summary 053117 #6A MEETING TYPE City of Shorewood Council Meeting Item REGULAR .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Appointment to Parks Commission Meeting Date: June 12, 2017 Prepared by: Greg Lerud Reviewed by: Attachments: Resolution Policy Consideration: Appointing a city resident to serve on the Parks Commission. Background: Two residents indicated their interest in filling the vacancy on the Parks Commission: Nathanial Gorham and Holly Ashmore. The City Council interviewed both candidates at the May 22 work session. Financial or Budget Considerations: None Next Steps and Timeline: Following the council's decision, staff will notify both candidates. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Pagel CITY OF SHOREWOOD RESOLUTION NO. 17-054 A RESOLUTION MAKING APPOINTMENT TO THE SHOREWOOD PARKS COMMISSION WHEREAS, the City of Shorewood City Council has advertised for Shorewood residents to submit a letter of interest for consideration of appointment to serve on the City's Park Commission; WHEREAS, on May 22, the City Council has interviewed the resident interested in serving on the Commission; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointment to the Shorewood Park Commission effective June 12, 2017, with the term expiration as indicated: Park Commission Member Term Expiring 1. Nathaniel Gorham February 28, 2019 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June, 2017. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk VA MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Minnetonka Country Club—Final Plat and Final Plan Meeting Date: 12 June 2017 Prepared by: Marie Darling Reviewed by: Patti Helgesen Attachments: Resolution Approving Final Plat Development Agreement City Engineer Recommendations Policy Consideration: Should the City approve the final plat for the Minnetonka Country Club PUD 2 n Addition as proposed by Mattamy Homes? Background: Mattamy has submitted a request for a final plat for the Second Addition of the Minnetonka Country Club development. Staff has prepared a resolution approving the final plat and a development agreement for the PUD. In addition,the City Engineer's recommendations are attached for your consideration. Approval of the final plat and development agreement would also approve an amendment to the staging plan as follows: Staging Plan Proposed Phase I 72 73 (platted) Phase II 37 53 Phase III 33 16 Total 142 142 Financial or Budget Considerations: Prior to release of the final plat/plan,the Developer will pay $530,000 in water connection fees (with credit given for the cost of extending mains to each property), $291,126.76 for park dedication, and $63,600 for local sanitary sewer access charges. In addition,the Developer must provide letters of credit or cash escrows to cover the installation of improvements in the amount of$2,464,000 (150% of the total cost of the improvements). Options: Approve the final plat; modify the final plat; or deny the final plat. Recommendation/Action Requested: Staff recommends approval of the final plat. Next Steps and Timelines: The Developer must record the final plat by August 31, 2017. Connection to Vision/Mission: Attractive amenities,sustainable tax base, sound financial management. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. I c rA . O p U K zm o. r nr f C6' 1 M1 N �..1/z �«g� _JY Yi• -J � �,v � 8 �l -F-�� _ _ I�1 � zi of 0 z� > Stormwater pond outlet control structures that have weir walls are to be at least 60” in diameter. Add a “No Outlet” sign to the cul > Node 60P: The slope of the 18” RC Pipe outlet does not match plan sheets. from 2.0’to 4.0’. from 2.0’to 4.0’ uctures must have a minimum build of 3.5’. > MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Zoning Violation Appeal —Jeff Cameron and Guy Sanschagrin Meeting Date: June 12, 2017 Prepared by: Marie Darling, Planning Director Attachments: Planning Director's Memorandum and Exhibits Resolution Denying Request Policy Consideration: Is the dock placed on the property in compliance with the zoning ordinance? Background: See attached memorandum. Financial or Budget Considerations: None. Options: 1) Deny the appeal, as recommended by the Planning Director. 2) Revise the resolution. Recommendation / Action Requested: Staff recommends that the City Council adopt the resolution denying the appeal and direct staff to cite the property owner for violating the zoning ordinance if the dock is not removed within 5 days from the date of City Council decision. Next Steps and Timelines: Staff would inspect the property on June 19, 2017 to determine if the dock has been removed. 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. IT fi it fi fi fi 1�� NO. /(laadOad loafgnS Q a C L a L �C W� }aaj 000` L 009 09Z 0 y K e� uojauuln G� e-j p 1( s pazueu�ag fi fi fi fi fi fi /(laadOad loafgnS Q a C L a L �C W� }aaj 000` L 009 09Z 0 y K e� uojauuln G� e-j p 1( s pazueu�ag 'CITY. OF ` = . . . SnOREWOOD l " 5755• Country, Club Road •Shorewood, Mniiesota 55331 -952-960-7900 Fax: 952 - 474 =0128 • www.cishoiewood.mrims a; cityha11 @ci.shorewood.mn.us 1' F May 2017.. , Mr.'Gaxy..Sanschagrin = :27695Is1arid.View= Road:... ; Shorewood MN 5533.1 : AdministrativeNotice/Notice ofZoriing Violation..= Parcel:No. 31- 117- 23 -11� 0004' (Howard's Point Road : Mr. Saiischagrm: ..Our office: has. recei —V - resident.conipldints -alleging that 'a dock-.Ma been erected on the" - .above' referenced parcel.in violation of the Sliorewbocl Zoning Code, Upon'inspection o tlie;.property;,the.se complaints were found ;to..te* accurate;,. Tle property "7n question is =zoned R- 'lA/S;'Single- Family Residential /Shoreland.`: Soction. . ; 120 1.10 Subd: 3.. k. lists "individ'u• al lioat dock "' as, aii accessory use in that, zoning district, sub : .14, of the-Cod; :a copy of whch is atfached.ject.to the requzrementsof 2103 Sud .' Specifically; paragraph b. states: "b.. )Docks aiid"- wharves; - permanent:. or. floating; .shall riot 'be :built, -,6se"d or occupied. on -land ' located = within the,R :Districts until' a principal :dwelling has been: constructed oii;the lot or parcel." (Underline added.) = ` Paragraph.c. goes on to state: "c.._.: -The number `of docks.:per''lot -or, barcel of land in fhe' k- Districts. shall be limited to one;- and. the :same shall t6 'operated,, "used and maintained:+ I Il for the.use 'f.the rrzeffibers:ofthe.family' or :families-occupyirig the property' upon which the dockis located.-. The dock. shall- .copriect,to the'shoreline'at :only one location; no .Wider than four fee,t,`and shall extend into thelake at. .least eiglitfeetbeyond the ofdinary high -water mark befoie".branehing outto form. slips. ' The width-of the dock- shall- not exceed four feet at any point; G _ except that. -at one location the dock_may'be no wider tliari, eight feet for a- length. of eight feet: (Underline' added:) . The' purpose. letter is to :advise you that your_pr6perty is in violation of the zoning - provisions cited above and to direct you -to .correct.the violation, by removing the dock by .:rio .later thari'22 May- 2017. 'Failure to comply willxesult:in further legal action, by fhe City: Exhibit B ZONING VIOLATION LETTER SHOREWOOD ZONING REGULATIONS — SECTION 1201.03 GENERAL PROVISIONS Subd. 14. 'Regulations Applicable to Shoreline Property. a. No structure of any kind except docks, stairways and lifts shall be built within the required setback fiom the ordinary high water level of 'a meandered lake, as provided in Section 1201.26, subdivision 5 of this Code. b. Docks and wharves, permanent or floating, shall not be built, used or occupied on land located within the R Districts until a principal dwelling has been constructed on said lot or parcel. C. The number of docks per lot or parcel of land in the R Districts shall be limited to one, and the same shall be operated, used and maintained solely for the' use of the members of the family or families occupying the property upon which the dock is located. The dock shall connect to the shoreline at only one location, no wider than four feet, and shall extend into the lake at least eight feet beyond the ordinary high- water mark before branching out to form slips. The width of the dock shall not exceed four feet at any point, except that at one location the dock may be no wider than eight feet for a length of eight feet. The number of restricted watercraft, as defined' by the Lake Minnetonka Conservation District (LMCD) that may be docked or moored on a single property is limited to four. The dock owner may exceed four restricted watercraft only by obtaining an annual multiple dock/mooring license from the LMCD and a conditional use permit from the City of Shorewood, which permit shall be subject to the following conditions: (1) As part of the annual LMCD license review, the owner of the dock must demonstrate to the City that all boats stored at the dock are owned, registered and operated by the residents of the property on which the dock is located. (2) As part of the annual LMCD license review, the owner of the dock must demonstrate to the City That the dock is the minimum size necessary to store the boats owned, registered and operated by the residents of the subject property. (3) Boat canopies shall be limited to the size and number that is required to cover no more than four of the restricted watercraft. (4) The provisions of Section 1201.04, subdivision Ld.(1) of this Chapter are considered and satisfactorily met. d. No boat, barge, boathouse or other floating vessel or structure tied or connected to a dock or wharf located. within the City limits shall be used as a permanent, temporary, or seasonal residence. Section 1201.03, Subd. 14, continued C. No dock or wharf, permanent or floating structure shall be located or constructed - within ten feet (10') of the side lot line of any lot or parcel projected into the lake. f. No dock located within. the R Districts shall extend further into the water than reasonably necessary to provide docking space for boats and crafts used by the owner of the dock, and under no circumstance shall a dock create a safety or navigational hazard or block any channel or access to the lake from adjoining lots or parcels. g. Unless specified otherwise in 'the City of Shorewood Zbning Code, all docks on all lakes shall comply with the Lake Minnetonka Conservation District Code of Ordinances." h. Seaplane operations shall be subject to Minnesota Rules 8800.2800 (Seven - County Metropolitan Region Seaplane Operations), as may be amended, which are adopted herein by reference. (Ord. 208, 4- 11 -88; amd. Ord. 261, 11- 30 -92) CITY OF SHOREWOOD N HENNE PIN COUNTY -, MINNESOTA, Mr. Bradley J. Nielsen Planning Director City of Shorewood 5575 Country Club Road Shorewood, MN 55331 RECEIVED MAY 1 62017 CITY OF SHOREWOOD May 13, 2017 Re: Administrative Notice /Notice of Zoning Violation - Parcel No. 31- 117 -23 -11 -0004 (Howard's Point Road) Mr. Nielsen, I and my co- owner, Guy Sanschagrin, received your letter of May 11, 2017 regarding the dock placed on the above referenced property. We respectfully appeal this orderto the City Council per your direction, by this writing to you before the deadline of May 17, 2017 and assume any order to remove the dock will be held in abeyance until this matter is ultimately resolved. Basis for Appeal Before placement of the dock, we thoroughly reviewed the relevant codes to make sure the dock would comply with the Shorewood code provisions. We have reviewed the sections you have provided as well as the definitions Section 1201.02, the City's meeting minutes regarding the establishment of these code provisions, the LMCD code, and other resources. Based on this research, we believe we are not in violation of the City's code. We have also reviewed this matter with a real estate attorney well versed in Lake Minnetonka real estate issues and he is in agreement with our position. "Our Dock is Not Permanent or Floating Specifically, we have placed a seasonal dock at the property, which is neither permanent nor floating, and, therefore, our dock is not in violation of 1201.03 Subd.14. b. Specifically, our non - floating dock is put in and removed each year and as you will see below, is referred to as a "seasonal dock" (as can be seen, for example, by reference to the LMCD's code, Orono's code, and the Shorewood Planning Commission minutes). As you noted, Section b. states: b. Docks and wharves, permanent or floating, shall not be built, used or occupied on land located within the R Districts until a principal dwelling has been constructed on the lot or parcel. (emphasis added) Page 1 of 3 Exhibit C APPEAL REQUEST The term "permanent dock" is not defined in the Shorewood code. However, it is defined in the LMCD code which governs unless the City code is more restrictive. We can also show that the City of Shorewood, in its planning commission meetings to determine what code provisions to place on docks, discussed the distinction between permanent and seasonal docks with respect to possible dock restrictions, but then did not include seasonal dock restrictions in crafting the City code. For example, the City's planning commission meeting minutes from February 21, 2006, state that the meeting was attended by LMCD Ex. Director, Greg Nybeck, at the invitation of the City to provide guidance regarding the different types of dock restrictions that can be put in place by cities and how those restrictions mesh with those of the LMCD. In this discussion Ex. Dir. Nybeck indicated that a particular dock being reviewed by the planning commission was unique in that it was "a permanent, as opposed to a seasonal dock." In that regard, the LMCD code does include definitions for permanent and seasonal docks. Those definitions state: Subd. 46. "Seasonal dock" means any dock which is so designed and constructed that it may be removed from the Lake on a seasonal basis. All components such as supports, decking and footings must be capable of removal by manual means without use of power equipment, machines or tools other than hand held power tools. Subd. 35. "Permanent dock" means any dock which is not a Seasonal Dock. Ex. Dir. Nybeck also indicated that the LMCD code applies first and that city code is applied over the LMCD code, if the city's code is more restrictive. Based on this principle, since the City of Shorewood's code does not have definition for a "permanent dock ", the LMCD's definition will apply. Our dock matches the definition of a seasonal dock as used by the LMCD and does not meet the description of a permanent dock. Further, the Ex. Dir. Nybeck suggested that Shorewood look to Orono's code for guidance. Orono has rules for both permanent and seasonal docks. (Link to relevant code: http : / /www.ci.orono.mn.us /index.asp ?Type =B BASIC &SEC= %7BE5332654- 7202- 40A1 -A5EA- 2F2D33F9C4E7 %7D) Our dock matches the definition of a seasonal dock as used by Orono and does not meet the description of a permanent dock. Additionally, I spoke to Ex. Dir. Nybeck early in 2016 about placing a dock on the property. He said he knew the property in question and that a dock could be placed on the property according to the code of the LMCD, so long as the dock complied with any more restrictive rules provided in the City's code. We are in Compliance with Section c. Lastly, turning back to the regulations with regard to Section c. As you noted, Section c. recites: Page 2 of 3 c. The number of docks per lot or parcel of land in the R Districts shall be limited to one, and the same shall be operated, used and maintained solely for the use of the members of the family or families occupying the property upon which the dock is located. The dock shall connect to the shoreline at only one location, no wider than four feet, and shall extend into the lake at least eight feet beyond the ordinary high -water mark before branching out to form slips. The width of the dock shall not exceed four feet at any point, except that at one location the dock may be no wider than eight feet for a length of eight feet. The term "lot" is defined in the Definitions section 1201.02 as "Land occupied or to be occupied by a building and its accessory buildings, together with the open spaces as are required under the provisions of this zoning regulation having not less than the minimum area required by this zoning ordinance for a building site in the district in which the lot is situated and having its principal frontage on a street or a proposed street approved by the Council." Our property does not meet this definition as it is too small to build on and, as such, it must be considered a parcel. As stated previously, the terms "parcel" and "occupy" are not defined in the City's code nor does the LMCD have a definition. However, Black's Law Dictionary defines a "parcel" as merely a "part or portion of land" and "occupy" means "merely to possess or to assert physical control over". This is further supported by the language of Section c. itself as it states: members of the family or families occupying the property upon which the dock is located. This indicates that provision was not intended to apply to a single family residence on the property, but rather those parties that assert physical control over the property. Accordingly, we meet the regulation of Section c. as well. Further, the zoning code in 1201.10 for an R -1A zoned property deems the placement of a dock (without a requirement of the residential structure) as a permitted accessory use under Subd. 3., Section k. Subd. 3, Section k. states: "Subd. 3. Permitted accessory uses. The following are permitted accessory uses in an R -1A District: k. Individual boat dock and customary beach accessories subject to § 1201.03, Subd. 14. of this chapter." As discussed above, we comply with 1201.03, Subd. 14, and so, the zoning code allows the placement of a dock on this property. As you can see, we have taken great pains to understand the City's code provisions, review our position with legal counsel, and to comply with the provisions with regard to this property. Accordingly, we believe we do comply with the City's code and we will respectfully wait to hear from you with regard to your thoughts on this matter. Sincerely, l Jeff Cameron Page 3 of 3 Guy schagrin CITY OF Eli W SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952 -960 -7900 Pax: 952 -474 -0128 • Wmv dshorewood.nm.us • c1tyha11 a ci.shorewood.mn.us MEMORANDUM TO:' . Planning Commission, Mayor and City Council FROM. Brad Nielsen DATI♦;: 29 April 2016 RE: Sale of City -Owned Property — Howard's Point Road Tax = Forfeited Lot FILE NO. 405 (Admin) A very small parcel of land, located just north of 5460 Howard's Point Road (see Site Location map.— Exhibit A, attached) has once again come up on Hennepin County's tax- forfeited land list. The property was forwarded to the City in 2008, at which tirne.the City asked the County to limit the sale of the parcel to one or both of the adjoining property owners, as it was quite useless to anyone else: It is far too small to build on, and it cannot have a dock without a house on the lot. For some reason, the parcel was either not put on the auction in 2008, or no one was interested in its purchase. The City has since been approached by nearby property owners who have easements across the parcel for swimming, picnicking, fishing, etc. They are willing to pay approximately $50,000 in back taxes to purchase the property. The City has agreed to acquire the property and sell it to them for the amount of the taxes;: Although the City will only own the property for a very short time, it is necessary for the Planning Commission to make a recommendation to the City Council as to the sale of any public` property, This is very much considered to be a housekeeping matter and we have placed it on a consent agenda for next Tuesday's meeting. Essentially, we are looking fora motion stating that the sale of the parcel is consistent with the Shorewood Comprehensive Plan. If you have any questions relative to this matter, please do not hesitate to call or email me prior to Tuesday night's meeting. Cc: Bill Joyner Tim Keane Bruce DeJong Exhibit D STAFF REPORT DATED APRIL 29, 2016 CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION DENYING AN APPEAL BY JEFF CAMERON AND GUY SANSCHAGRIN REGARDING AN INTERPRETATION OF THE ZONING REGULATIONS WHEREAS, Jeff Cameron and Guy Sanschagrin (Appellants) represent the owners of real property located on Howard's Point Road, identified as parcel 31 117 23 110004, (Property) in the City of Shorewood, County of Hennepin, legally described as Lot 1, Auditor's Subdivision No. 367, Hennepin County, Minnesota; and WHEREAS, the Appellants installed a dock on the Property; and WHEREAS, the Planning Director (Zoning Administrator) for the City of Shorewood advised the Appellants that the property is not eligible for a dock in a letter dated May 11, 2017; and WHEREAS, the Appellants filed an appeal to the Zoning Administrator's interpretation of the Shorewood Zoning Regulations, which determined that the Property was ineligible for a dock on May 13, 2017; and WHEREAS, the Appellants' appeal was reviewed by the Zoning Administrator and her recommendations have been set forth in a Memorandum to the Mayor and City Council dated June 8, 2017; and WHEREAS, the Appellants' appeal was considered by the City Council at their regular meeting on June 12, 2017, where the City Council reviewed the material submitted by the Appellants, written and oral public testimony, the recommendation and Memorandum submitted by the Zoning Administrator, which is on file in the Shorewood City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Appellants' Property is located in an R -IA/S, Single - Family Residential /Shoreland zoning district. 2. Section 1201.02 defines accessory structures as "a subordinate building or use, whether attached or detached, that is located upon the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use." 3. Section 120 1. 10 Subd. 3 k. of the zoning ordinance (the R- IA district) allows an individual boat dock as a permitted accessory use subject to the conditions in section 1201.03, Subd. 14. 4. Section 1201.02 defines docks and the structure on the Property meets the city's definition of dock as it is a structure that is constructed and maintained in or over a lake whether floating or not which connects to the shoreline. 5. Section 120 1. 10 Subd. 14 b. indicates that docks and wharves, permanent or floating, shall not be built, used or occupied on land located within the R district until a principal dwelling has been constructed on the lot or parcel. 6. No dwelling has been constructed on the Property and staff consequently finds that the dock is not accessory or subordinate to any principal use on the Property. 7. No dwelling may be constructed on the Property as the Property is encumbered by recorded private easements that allow pedestrian access over the entirety of the lot. 8. Section 1201.03 Subd. 14 c. indicates that docks on the Property "shall be ...used and maintained by the family or families occupying the Property upon which the dock is located." 9. No family or families occupy the Property when applying the definition of occupy as commonly defined as "to dwell or reside in". 10. The parties appealing the violation notice are the same purchasers of the lot one year ago and were aware that the lot could not support a dock, as referenced in the staff report for the sale of the Property. Additionally, staff present at the meeting indicated that the prospective owners of the Property were present at the meetings. 11. The parties appealing the violation notice cited a conversation with Executive Director Greg Nybeck of the Lake Minnetonka Conservation District who indicated that while a dock could be placed on the Property according to the code of the LMCD, so long as the dock complied with any more restrictive rules provided in the City of Shorewood's code. 12. The City of Shorewood's code is more restrictive than the LMCD rules in that docks are only permitted on residential properties after a principal dwelling has been constructed on the lot. 13. Staff has no record of the owners contacting City of Shorewood staff regarding their ability to install a dock on the Property. 14. Section 1201.04, Subd 14 e. indicates that: "No dock or wharf, permanent of floating structure shall be located or constructed within ten feet of the side lot lines of any lot or parcels projected into the lake. 15. The dock currently does not meet the required 10 -foot setback as the dock was installed about 4.5 feet from the property line at the shore and crosses over the projecting property lines once on the lake side of the water's edge. 16. The dock and associated watercraft do not meet the required setbacks as projected into the lake. One of the boats is stationed over the projected property line. CONCLUSIONS 1. That the appeal requested by the Appellants constitutes a significant deviation from the requirements of the Shorewood Zoning Code. 2. That the Appellants' Property can be put to a reasonable use under the conditions imposed by the Shorewood Zoning Code and as encumbered by the private easements on the Property. 3. That the Appellants have failed to establish the Zoning Administrator erred in the interpretation of code as indicated in their May 13, 2017 letter requesting the appeal. 4. That the Appellants' request for the appeal set forth above is hereby denied and further that the City Council direct the dock to be removed from the Property within five days of the adoption of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June, 2017. SCOTT ZERBY, MAYOR ATTEST: SANDIE THONE, CITY CLERK #8A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Resolution Accepting Quotes and Award of Construction Contract for the Public Works Ravine Restoration Project and Smithtown Road Storm Sewer Extension, City Project 16-10 Meeting Date: June 12, 2017 Prepared by: Paul Hornby, City Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Resolution Accepting Quotes and Awarding Contract Background: The Public Works Ravine Restoration Project and Smithtown Road Storm Sewer Extension Project provides improvements to alleviate existing erosion issues within the drainage ravine located at the City Public Works facility and within the drainage ditch along the north side of Smithtown Road west of Star Lane. Additionally, an isolated drainage issue was identified on the south side of Star Circle. The following improvements are proposed within the Public Works ravine: • Installation of storm sewer pipe from the existing outlet to the storm water pond • Utilize stockpile material located at the Public Works Facility to fill the existing ravine • Erosion control and establishment of vegetation The following improvements are proposed within the Smithtown Road Storm Sewer Extension: • Extension of storm sewer pipe from the existing outlet on the west side of Star Lane • Utilize stockpile material located at the Public Works Facility to fill the existing ditch and regrade a minor swale over top the newly installed storm sewer • Erosion control and establishment of vegetation The following improvements have been proposed on the south side of Star Circle: • Installation of draintile along the south side of Star Circle east of the existing catch basin. • Erosion control and establishment of vegetation Invitation to quote the improvements was extended to four contractors. The City received three quotes for the project with the lowest responsive quote received from G.F.Jedlicki, Inc.,with their low quote of $105,445. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Financial or Budget Considerations: Costs associated with the Public Works Ravine Restoration Project and Smithtown Road Storm Sewer Extension, City Project 16-10, will be funded though City maintenance and stormwater funds. Options: 1. Approve the resolution accepting quotes and awarding the contract to the lowest responsible and responsive quote for the Public Works Ravine Restoration Project and Smithtown Road Storm Sewer Extension, City Project 16-10. 2. Reject all quotes for the Public Works Ravine Restoration Project and Smithtown Road Storm Sewer Extension, City Project 16-10. 3. Take no action on this item 4. Provide staff with other direction. Recommendation/Action Requested: City staff recommends approving the Resolution Accepting Quotes and Award of Construction Contract for the Public Works Ravine Restoration Project and Smithtown Road Storm Sewer Extension, City Project 16-10, to G.F.Jedlicki, Inc.,with their low quote of$105,445. PROJECT: Public Works Ravine Smithtown Road Storm Sewer Extension and Improvements Project and Appurtenant Work OWNER: City of Shorewood, MN WSB PROJECT NO.: 2925-18 Quotes Received: Friday, June 2, 2017 at 12:00 pm TOTAL SCHEDULE A TOTAL SCHEDULE B TOTAL SCHEDULE C Contractor Public Works Ravine Smithtown Road Star Circle Drainage GRAND TOTAL BID 1 G.F. Jedlicki, Inc. $74,615.00 $25,910.00 $4,920.00 $105,445.00 2 William Mueller&Sons, Inc. $81,648.50 $32,672.50 $13,575.00 $127,896.00 3 Widmer Construction, LLC (fffllllllllll $48,680.00 $14,425.00 I hereby certify that this is a true and correct tabulation of the bids as received on June 2, 2017. Paul Hornbe, PE, Sr. Pr �e�"—cTIVl'anager Denotes corrected figure KM2925-18MAdmiMConstruction AdmwQuote Received May 201712925-18 Bid Summary 060617 CITY OF SHOREWOOD RESOLUTION NO. 17 - A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR THE PUBLIC WORKS RAVINE PROJECT AND SMITHTOWN ROAD STORM SEWER EXTENSION CITY PROJECT 16-10 WHEREAS, pursuant to an invitation to provide quotes for local improvements designated as the Public Works Ravine Restoration Project and Smithtown Road Storm Sewer Extension, City Project 16-10, quotes were received, opened on June 2, 2017, and tabulated according to law; and WHEREAS, the City Council has determined that G.F. Jedlicki, Inc. is the lowest quote in compliance with the quote documents. 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 G.F. Jedlicki, Inc. in the name of the City of Shorewood, Project No. 16-10, 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 contractors providing quotes the deposits made with their quotes, except for the deposits of the successful quote and the next two lowest quotes, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June, 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk #8B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Accept Letter Report for 2017 Pavement Reclamation Project, Howards Point Road, Kathleen Court,Oak Ridge Circle,Summit Avenue Meeting Date: June 12, 2017 Prepared by: Paul Hornby, City Engineer Reviewed by: Attachments: Letter Feasibility Report, Location Map, Preliminary Costs Background:The 2017 Pavement Reclamation Project was initiated when bituminous core results for the roadways scheduled for mill and overlay indicated existing pavement has advanced deterioration and milling and overlay may result in poor performance of the new surface. Staff recommended pavement reclamation of Howards Point Road, Kathleen Court, Oak Ridge Road and Summit Avenue as a feasible alternative for long-term performance of the roadway surface. Council authorized staff to prepare plans and specifications for the project, and prepare a brief feasibility "letter report"to identify potential project costs. WSB has completed the letter feasibility report, attached for Council information. It is be noted the opinion of project cost is preliminary, based upon 30%plan progress. The project costs are summarized in the report as follows: Street Name Estimated Cost CIP Budget (Modified) Summit Avenue $73,500 $50,000 Howards Point Road $450,420 $480,000 Echo Road $179,800 $172,000 Kathleen Court $39,600 $39,000 Oak Ridge Circle $66,100 $67,000 Total Estimated Project Cost $809,420 $808,000 Financial or Budget Considerations: The modified CIP Budget estimate in the project cost summary was presented to Council previously when considering the island road improvements and the increased costs to reclaim the 2017 scheduled mill and overlay roadways. The preliminary project costs are slightly higher than the modified CIP budget as shown above. Options: Staff is continuing to progress plans for bidding these improvements, and request Council: 1. Accept the Letter Feasibility Report and authorized completion of plans and specifications 2. Provide staff with other direction 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 Pass the enclosed Resolution Accepting the Feasibility Report and Authorize preparation of Plans and Specifications. Next Steps and Timelines: The project is planned for bidding in July and construction between August and October, 2017. WSB 477 Temperance Street I St. Paul,MN 55101 1 (651)286-8450 June 7, 2017 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Feasibility Letter Report 2017 Street Reclamation Improvements City of Shorewood Project No. 17-03 WSB Project No. 02925-400 Dear Honorable Mayor and City Council: We are pleased to provide you with this feasibility report for the 2017 Street Reclamation Improvements Project. 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 • Howards Point Road from Smithtown Road to north terminus • Echo Road from County Road 19 to Country Club Road • Kathleen Court from Woodside Road to cul-de-sac • Oak Ridge Circle from Grant Lorenz Road to cul-de-sac A map showing the project location is enclosed. 1. EXECUTIVE SUMMARY The streets proposed for the 2017 Street 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. The roadways within the project have been identified as showing pavement distresses. The proposed improvements which include bituminous pavement reclamation, spot curb/curb and gutter replacement, and adjustment of gate valves, drainage structures and manhole castings, will address pavement distresses in accordance with the City's Pavement Management Plan. The proposed improvement cost is estimated to be $809,420 which includes a 10% contingency and 10% indirect costs. The proposed improvements are to be constructed during the 2017 construction season, with anticipated construction in August and final completion by the end of October 2017. 2. STREET AND UTILITY IMPROVEMENTS Existing Conditions Streets within the proposed improvement area are aging and the bituminous pavement is showing signs of distress. Roadway widths vary between 20 feet and 26 feet in width, with segments as narrow as 15 feet in width and as wide as 26 feet in width. Right of way widths of 50 feet existing within the proposed improvement area, with the exceptions of Summit Avenue and Howards Point Road where the right of way width is 80 feet and 66 feet respectively. Kathleen Court consists of a 60-foot diameter bituminous Building a legacy—your legacy. Equal Opportunity Employer I wsbeng.com Honorable Mayor and City Council June 7, 2017 Page 2 cul-de-sac within a 120-foot diameter right of way. The bituminous cul-de-sac on Oak Ridge Circle is 80- feet in diameter, with 120-foot diameter right of way. Curb and gutter within the proposed improvement area is limited to select intersections with the exceptions of the existing bituminous curb along the north side of Summit Avenue from Murray Hill Road easterly for approximately 650 feet. Sanitary sewer runs along the roadway centerline within the proposed improvement area. Watermain including valves and hydrants, runs along the majority of Howards Point Road between Smithtown Road and Edgewood Road. Watermain also crosses Echo Road where it extends through Badger Park to Clover Lane. Storm sewer within the proposed improvement area is limited primarily to select intersections. There is storm sewer along the west side of Howards Point Road from Brynmawr Place to Woodside Road, as well two storm sewer outlets to Upper Lake north of Edgewood Road west of Howards Point Road. Existing culvert crossings beneath Echo Road also serve to convey storm water runoff, with two outlets to the wetlands north of Mary Lake, and one outlet to Badger Park. The proposed improvement area is within the Minnehaha Creek Watershed District. The majority of storm water runoff is ultimately conveyed to Upper Lake (Lake Minnetonka). The southernmost portion of Howards Point Road includes storm sewer that routes west along Smithtown Road and discharges to Lake Virginia (which is an impaired water). Drainage crossing Echo Road is conveyed to wetlands north of Mary Lake to the south and east and north to Badger Park. Private utilities within the proposed improvement area include telephone, gas, electric, and fiber optics. A meeting will be held with the utility companies during the final design stage to coordinate conflicts and construction schedule. Proposed Improvements Full depth bituminous reclamation is proposed for the streets within the proposed improvement area. The existing bituminous as well as a portion of the underlying aggregate base material will be thoroughly combined and reshaped, and a bituminous overlay will be constructed. Street widths and elevations will remain unchanged from the existing conditions. The typical pavement section will include 8 inches of reclaimed material, 2 inches of bituminous non-wearing course and 2 inches of bituminous wear course material. The bituminous curb along Summit Avenue will be replaced with concrete curb and gutter, and spot curb and gutter replacement will occur where deficiencies in the existing concrete curb and gutter are found. Sanitary sewer and storm sewer structures will be provided with new casting assemblies where needed, I & I chimney seals, and will be adjusted to match the bituminous paving as required. Existing gate valves within the paved areas will also be adjusted as required. Existing culvert crossings will be replaced and extended as necessary. Aprons will be replaced including riprap at the outlets. Minor drainage improvements will be implemented where practical for this improvement project. 3. FINANCING Opinion of Probable Cost A detailed opinion of probable cost is enclosed. The opinion of probable costs is based on projected construction costs for 2017 and includes a 10% contingency and 10% indirect costs. The indirect costs include engineering, legal, and administrative costs associated with the project. K:\02925-400\Feasibility\02925-400 Feasibility Letter-FINAL.doex Honorable Mayor and City Council June 7, 2017 Page 3 The project costs are summarized as follows: Street Name Estimated Cost Summit Avenue $73,500 Howards Point Road $450,420 Echo Road $179,800 Kathleen Court $39,600 Oak Ridge Circle $66,100 Total Estimated Project Cost $809,420 Funding Current City policy does not assess for street improvement projects for maintenance and rehabilitation. The project is to be funded through capital expenditures from the street fund. 4. PROJECT SCHEDULE The proposed improvements are to be constructed during the 2017 construction season, with anticipated start of construction in August 2017 and final completion by the end of October 2017. 5. FEASIBILITY AND RECOMMENDATIONS The project is feasible, necessary, and cost-effective from an engineering standpoint. WSB &Associates, Inc. recommends construction of the proposed improvements as detailed in this report. The economic feasibility of this project will be determined by the City Council. Sincerely, WSB &Associates, Inc. Paul Hornby, P.E. City Engineer Enclosures: Project location map tk/ph K:\02925-400\Feasibility\02925-400 Feasibility Letter-FINAL.doex K:\02925-0 OO\GISW,ps\Sh......d_201]_Reda..ti—m,d D-5/30/201] CA l �/ 'g" Q S ;S;ueseald ;ueaC c` a^V,4 � `\ R Q ° cD LL Minnetonka0 ate` U geouaaol3 PoMa c U Q e Eaainiy Y a m N py gnlC ti;unoC o(e od �a u Cl z° b Valleys o � (if 10 P-2i e,udo}sugC r 0 C7 e n any;ueseald Q �, e�no;lueW e�aE;S °e Hill C Mallard 0Q O o La s m �aGc "IbuIpaEH = c �Ia-41]s-\ueew C le`a�IS U aI aaq U Pb e�aan3 i 0 ReAA e>laan3 m J- N, a4T •1 s m N ?s/a� 0 m� � 3� S ! a a� Maple J \ 4E'4j�S Leaf Cir jJ p U %zuaao ;ueaC CD J A� v e1 Raaagmea;S > I 0 Elmridge -60 ¢ L / °— Ci 3 m Pa 4oan4C Q E % ro ysaeW dote p� `I' �' o a ' z °'usaeW ym a 0 Z _ 4 heo43?D,'in / 0 SrF� r / Afto', U) T! W 0 v OD Cajed\-a 7Zj 0 C LL certridg° o a- ' dSPiaM H m a o � m � Cl) '^ m vI a ! 0 c i O i-j m TpeUS vl Q P 8 pa f4 � ap-uoo6 . U O Opinion of Probable Cost WSB Project: 2017 Street Reclamation Improvements Design By: GMD Project Location: City of Shorewood Checked By: TK City Project No.: 17-03 WSB Project No: 02925-400 Date: 5/31/2017 Estimated Estimated Estimated Total Item No. VDOT Specification Description Unit Total Unit Price Cost Quantity A. SURFACE IMPROVEMENTS 1 2021.501 MOBILIZATION LUMP SUM 1 $ 31,850.00 $ 31,850.00 2 2104.501 REMOVE SEWER PIPE(STORM) LIN FT 125 $ 10.00 $ 1,250.00 3 2104.501 REMOVE BITUMINOUS CURB LIN FT 580 $ 3.00 $ 1,740.00 4 2104.501 REMOVE CURB AND GUTTER LIN FT 240 $ 3.00 $ 720.00 5 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SO YD 520 $ 5.00 $ 2,600.00 6 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SO YD 175 $ 8.00 $ 1,400.00 7 2104.511 SAWING CONCRETE PAVEMENT LIN FT 600 $ 5.00 $ 3,000.00 8 2104.513 SAWING BITUMINOUS PAVEMENT LIN FT 2190 $ 3.00 $ 6,570.00 9 2104.523 SALVAGE CASTING EACH 45 $ 200.00 $ 9,000.00 10 2111.501 TEST ROLLING ROAD STA 90.2 $ 50.00 $ 4,510.00 11 2123.610 STREET SWEEPER(WITH PICKUP BROOM) HOUR 24 $ 150.00 $ 3,600.00 12 2211.503 AGGREGATE BASE(CV)CLASS 5 CU YD 205 $ 25.00 $ 5,125.00 13 2215.501 FULL DEPTH RECLAMATION SO YD 24220 $ 2.50 $ 60,550.00 14 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 2365 $ 2.75 $ 6,503.75 15 2360.501 TYPE SP 9.5 WEARING COURSE MIX(2,C) TON 3010 $ 68.00 $ 204,680.00 16 2360.502 TYPE SP 12.5 NON WEAR COURSE MIX(2,C) TON 3010 $ 65.00 $ 195,650.00 17 2360.604 BITUMINOUS DRIVEWAY PAVEMENT SO YD 520 $ 30.00 $ 15,600.00 18 2501.515 RC PIPE APRON EACH 7 $ 500.00 $ 3,500.00 19 2503.511 RC PIPE SEWER LIN FT 215 $ 50.00 $ 10,750.00 20 2503.602 CONNECT TO EXISTING DRAINAGE STRUCTURE EACH 3 $ 500.00 $ 1,500.00 21 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 500.00 $ 1,500.00 22 2504.602 ADJUST GATE VALVE AND BOX EACH 17 $ 275.00 $ 4,675.00 23 2506.516 CASTING ASSEMBLY EACH 37 $ 700.00 $ 25,900.00 24 2506.522 ADJUST FRAME AND RING CASTING EACH 37 $ 350.00 $ 12,950.00 25 2506.602 RECONSTRUCT MANHOLE(SANITARY) EACH 8 $ 500.00 $ 4,000.00 26 2511.501 RANDOM RIPRAP CLASS III CU YD 25 $ 80.00 $ 2,000.00 27 2531.501 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 820 $ 14.00 $ 11,480.00 28 2361.507 6"CONCRETE DRIVEWAY PAVEMENT SO YD 175 $ 70.00 $ 12,250.00 29 2540.602 TEMPORARY MAIL BOX EACH 86 $ 150.00 $ 12,900.00 30 2573.531 STORM DRAIN INLET PROTECTION LUMP SUM 1 $ 2,500.00 $ 2,500.00 31 2573.533 SEDIMENT CONTROL LOG LIN FT 1320 $ 3.00 $ 3,960.00 32 2575.505 SODDING,TYPE LAWN SQ YD 390 $ 12.00 $ 4,680.00 Schedule A Total -Surface Improvements $ 668,893.75 CONSTRUCTION $ 668,893.75 +10%CONTINGENCY $ 66,889.38 SUBTOTAL I $ 735,783.13 10%INDIRECTI $ 73,578.31 TOTAL I $ 809,361.44 1 of K:\02925-400\Quantity\Preliminary\02925-400 OPC-Preliminary_PTH-060717 CITY OF SHOREWOOD RESOLUTION NO. 17-058 A RESOLUTION ACCEPTING FEASIBILITY REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS 2017 PAVEMENT RECLAMATION IMPROVEMENTS CITY PROJECT 17-13 WHEREAS, the City Council authorized preparation of a Letter Feasibility Report for the 2017 Pavement Reclamation Improvements, City Project 17-13; and WHEREAS, WSB & Associates, Inc.prepared the Letter Feasibility Report which was received by the City Council on June 12, 2017; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended. 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 described in the feasibility report. 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. 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 12`h day of June, 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk ® 8C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Authorization to Obtain Drainage and Utility Easement over a Portion of 24770 Amlee Road Meeting Date: June 12, 2017 Prepared by: Larry Brown, Director of Public Works Attachments: Site Location Map, Photos, and Plat and Easement Graphic Policy Consideration: Should the City obtain a drainage and utility easement over a portion of the property of 24770 Amlee Road for future roadway improvements? Background/ Previous Action: Mr. Michael Rodewald, property owner of 24770 Amlee Road, is requesting that the City enter onto his private property to perform restoration of his easterly side yard, due to the natural path of drainage from Amlee Road and erosion that has occurred during heavy rainfalls. A site location map is included as Attachment 1 with a photo depicting the erosion as Attachment 2. Staff informed Mr. Rodewald that while his side-yard appears to be the natural low point, there is no easement that runs in favor of the City, for this area. Therefore, the City has no obligation to maintain the area, nor can the City forces perform work on the property without an easement. Mr. Rodewald stated that he would be willing to grant the City a drainage and utility easement, if it meant that the area could simply be graded out and turf reestablished. We discussed the need for a more permanent solution, other than sod. However, Mr. Rodewald stated that he would be very satisfied having the area regraded and reestablished with turf, with a more permanent drainage solution (such as pipe or rip rap) occurring with a roadway reconstruction project in the short future. It is also noted that the lot immediately east of the subject property has a dedicated easement of 10 feet in width on the common property boundary. If approved, a proposed easement of 15 feet width on the subject property would provide sufficient width to install a permanent solution, when Amlee Road is reconstructed. Such an easement would be required for any improvements to the roadway, in the future. Mr. Rodewald is amenable to such an agreement. Alternatives: 1. Approve a motion that authorizes Staff to obtain a 15' easement at 24770 Amlee Road. 2. Reject the recommended action. 3. Provide staff with alternative direction. 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: Staff is recommending approval of a motion that authorizes staff to obtain a permanent 15 foot drainage and utility easement across the easterly portion of 24770 Amlee Road. q / � �I� 3 i ••rr•rr/r•r//• rr i OR rl m . 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Title/Subject: Traffic Study Proposal Meeting Date: June 12, 2017 Prepared by: Greg Lerud Reviewed by: Attachments: WSB traffic study proposal Policy Consideration: Should Shorewood participate with Tonka in a traffic study for Birch Bluff and Pleasant Avenue? Background: The Tonka Bay City Council received a report from a citizen's group regarding issues that they saw along Pleasant Avenue and Birch Bluff in Tonka Bay. The citizens requested that both streets be closed at the border with the City of Shorewood. This is of obvious concerns to the City and Shorewood residents. A letter from me was sent to the city of Tonka Bay expressing the city's concern about the citizen's report, and some of the issues with the report's conclusions. The Tonka Bay City Council then requested that the two cities consider participating in a formal traffic study to determine if there are traffic issues along these roads. Both cities share WSB as an engineer and a request was made for a proposal from WSB to conduct a traffic study. Financial or Budget Considerations: The cost of the study is estimated to be$8,856 to $14,952 depending on what options might be selected. This is not a budgeted amount in the 2017 budget. Options: 1. Accept the proposal and determine the level of participation by the city. 2. Reject the proposal in its entirety or in part. 3. Defer any decision until the Tonka Bay makes a decision. Recommendation/Action Requested: Staff recommends waiting until the Tonka Bay city council decides its course of action. Next Steps and Timeline: The Tonka Bay City Council meets next Tuesday so a decision could come as early as then. The study is proposed to be done later this year so accurate counts can be done when school is in session, so there is no set timeline to make a decision. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Pagel WSB ANNONNOW �V fpua. Infrastructure■Engineering■Planning■Construction 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 Birch Bluff Road / Pleasant Avenue Traffic Study Proposal City of Shorewood and Tonka Bay, MN May 31, 2017 Proiect Understandinz/Approach Tonka Bay residents along Birch Bluff Road and Pleasant Avenue have raised concerns with the speed and volume traffic on these roadways. Most recently a presentation was made to the Tonka Bay City Council outlining traffic information collected with recommendations to improve the conditions on these streets. Shorewood residents are concerned with what the impact of closing or restricting these streets would have on the other adjacent streets and neighborhoods. As a result the Tonka Bay City Council suggested working with the City of Shorewood to complete a formal traffic study for the area before any sort of final decision is made. In order to prepare a study that addresses both Cities and residents' concerns WSB will: collect necessary traffic volume and speed data, identify what portion of the traffic is cutting through the area vs local, and; identify and evaluate traffic calming improvements/measures. Based on our the preliminary discussions with Cities and understanding of the area the following scope of work, estimated cost and schedule was prepared to complete the area traffic study and analysis. Scope of Work Task 1 —Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets, and correspondence with the Cities of Shorewood and Tonka Bay. The project manager will provide technical direction on all aspects of the project review, all work products, and keep the City's informed on the project progress. The project manager will serve a primary role in the analysis and preparation of the Study. Task 2 —Data Collection Available data will be collected from the Cities of Shorewood and Tonka Bay and other impacted agencies. This data will include but is not limited to: • Existing and historic traffic volume and speed data • Updated crash history • As built street plans Birch Bluff Rd and Pleasant Ave Traffic Study Proposal May 31,2017 Page 2 In addition WSB will collect daily traffic volume,peak hour traffic volume, vehicle classification and speed counts on the following streets: • Birch Bluff Road • Pleasant Avenue • Grant Lorentz Road • Eureka Road At the request of the Cities the following additional optional data could be collected: A. License plate survey: This would include placing cameras or personnel at entry and exits to the area documenting the license plates. The results would document the actual number of vehicles that are traveling through the area vs those that have origins or destinations within the area. B. Street closing test condition: This would include placing barricades and signing closing Birch Bluff Road and/or Pleasant Avenue to through traffic. Additional data would be collected during the test documenting traffic volumes, speed and emergency vehicle access. Cost for these additional services is included as optional tasks. Task 3 — Traffic Forecasts Future year traffic forecasts will be prepared for the area roadways taking into account the Cities comprehensive plans and anticipated area development. These forecasts will be used to identify expected traffic growth on Birch Bluff Road and Pleasant Avenue. Task 4—Analysis of Existing Conditions The existing traffic conditions will be documented and analyzed including the following: • Traffic volumes — The traffic volume data will be documented and compared to other local residential streets. • Vehicle speeds —The existing vehicle speeds will be documented including the average speeds, mean speed, 85% speed and variations. • Cut through traffic— The analysis will document the estimated number of vehicles currently cutting through the area vs originating in the area. • Emergency vehicle access —Existing emergency vehicle routes will be identified with typical response times. • School bus routes - Existing school bus routes and stops will be identified. Based on the documentation of the existing conditions, issues and needs will be identified. Birch Bluff Rd and Pleasant Ave Traffic Study Proposal May 31,2017 Page 3 Task 5—Identification of Traffic Calming Alternatives and Evaluation Based on the existing conditions issues and needs, traffic calming alternatives will be identified. These could include but are not limited to: A. Closing/restricting street access B. Speed humps or bumps C. Signing and/or pavement markings Each of the traffic calming alternatives will be evaluated and compared to the existing condition. An alternative matrix will be prepared to document the comparison of the following: • Traffic volumes • Vehicle speeds • Cut-through traffic • Emergency vehicle access • School bus access Task 6—Recommendation/Report Preparation A draft and final report documenting the data collection, study methodology, conclusions and recommendations will be prepared. This report will be prepared and signed by a WSB registered Professional Engineer (PE) and registered Professional Traffic Operation Engineer (PTOE) and submitted to the Cities for review and comment. It is assumed that the Cities will provide one set of review comments. Following receipt of comments, a final report and recommendation will be prepared and submitted for final approval. Task 7—Agency Coordination/Meetings WSB will coordinate the preparation of the traffic study with the Cities of Tonka Bay and Shorewood and all other impacted agencies through use of phone and email correspondence. In addition this task will include five meetings; one with City staffs to review the data collection and identify potential traffic calming alternatives; one with the City staffs to present the study methodologies and findings; one with the adjacent property owners to discuss the study alternatives and recommendations, and; one with each City Council (Shorewood and Tonka Bay) to present the final report and recommendations. If additional meetings are required, WSB would bill those costs at our standard hourly rates. Birch Bluff Rd and Pleasant Ave Traffic Study Proposal May 31,2017 Page 4 Estimated Cost The estimated cost to prepare the Traffic Engineering Study is based on the above Scope of Work and is as follows: Task Amount Task 1 —Project Management $640 (4hrs at $160) Task 2—Data Collection $1,848 (4hrs at $94, 8hrs at $109, 12hrs at $50) Task 3 — Traffic Forecasts $378 (2hrs at $109, 1 hrs at $160) Task 4 —Analysis of Existing Conditions $974 (6hrs at $109, 2hrs at $160) Task 5 —Identification of Traffic Calming Alternatives and Evaluation $2,384 (16hrs at $109, 4hrs at $160) Task 6—Recommendation/Report Preparation $814 (6hrs at $109, 1 hrs at $160) Task 7—Agency Coordination/Meetings $1,818 (2hrs at $109, 10hrs at $160) Total Base Cost $8,856 Optional Tasks Task 2A —License Plate Survey $1,624 (2hrs at $94, 4hrs at $109, 20hrs at $50) Task 2B — Street Closure Test $4,472 (6hrs at $94, 12hrs at $109, 12hrs at $50 + $2000 expenses) WSB & Associates, Inc. would bill for the actual hours worked at each employee classification times the current WSB hourly rates up to the maximum of$8,856 not including any of the optional tasks. No work in excess of the authorized fee will be completed without prior written approval. Schedule Based on the above Scope of Work WSB will complete the intersection review and analysis based on the following schedule: Notice to proceed On or before September 1st, 2017 Data collection Week of September 18th, 2017 Meeting with City Staff Week of October 2nd, 2017 Draft Analysis and Recommendation November 10th 2017 Meeting with City Staff Week of November 201h 2017 Property Owner Meeting Week of December 4th 2017 Final Study December 22nd, 2017 Meeting with City Council January, 2018 #9B MEETING TYPE City of Shorewood Council Meeting Item REGULAR .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Meeting Date: June 12, 2017 Prepared by: Greg Lerud, City Administrator Reviewed by: Larry Brown, Public Works Director, Paul Hornby, City Engineer,Joe Rigdon, Interim Finance Director Policy Consideration: Should the city postpone the 2017 planned street reconstruction projects until a revised CIP is developed? Background: On April 24,the City Council held the public hearing for utility extensions in Riviera and Shorewood Lane. At that meeting there were questions raised regarding the timing of reconstruct work and also the off-site costs to bring water to both streets. Staff has talked about this issue and the discussion has revolved around the four points below: 1. The city needs to get out of the time cycle that these projects have been done in the past— develop plans in the spring and fall construction. There are too many negative variables working against late season construction, not the least of which is issues with poor weather. Going forward it is staff's recommendation that we begin the process in the fall of the year before the work is going to be done, bid the work in the spring,with the intention of being done with the project by late summer. That may not always be possible but it is preferred. 2. 2018 is a year where there is only one proposed street reconstruction project—Mann Lane. Having just one project next year makes it easy to move forward Riviera and Shorewood Lane to 2018, at the same time moving forward the dollars allocated to those two streets. 3. There is quite a bit of project work, particularly for Riviera Lane,to get water to Riviera along Yellowstone. The city has made commitments for water funds (fire truck loan, Shorewood Landing project, etc.)that have brought the fund levels down where there are not sufficient cash balance to do the$1 million cost for these improvements. 4. Finally, staff has been working to improve our CIP planning tools so better estimates are generated and future expenses can be more accurately predicted. In addition, as the council heard last month, there are significant needs for surface water management improvements. The city has a storm water fund to assist with maintenance of the storm water system, but the amount is not adequate to take on significant capital improvements to the system. 5. Staff would like time to incorporate surface water system improvements into the CIP and a method to finance the improvements. Options: At this time we are requesting the council provide staff direction. Options include: 1. Continue with the current CIP and plan for utility extensions on Riviera and Shorewood Lane in 2017. 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 2. Postpone planned 2017 utility extensions until a revised CIP has been completed and accepted by the council. 3. Provide other direction to staff. Recommendation/Action Requested: Postpone utility and street reconstruction on Riviera and Shorewood Lane work until a new CIP is developed. All other 2017 street maintenance would be done as planned. Next Steps and Timeline: Work on revised CIP and present options in July or August.