The URL can be used to link to this page

10-23-17 CC Reg Mtg AgendaCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 23, 2017 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby Johnson Labadie Siakel Sundberg B. Review Agenda 2. CONSENT AGENDA — Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of October 9, 2017 B. City Council Regular Meeting Minutes of October 9, 2017 C. Approval of the Verified Claims List D. Approve Professional Services Agreement -2017 Inflow and Infiltration Project E. Approve Change Order No. 1 - 2017 Street Reclamation Improvement Project, City Project 17 -13 F. Approve Change Order No. 1 - Badger Park Phase 2 Improvements, City Project 17 -09 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING Attachments Minutes Minutes Claims List Engineer Memo Engineer Memo Resolution Engineer Memo Resolution A. Rental Housing Code and Rental License Fee Amendments Planning Director Memo Ordinance Summary Publication Ordinance Resolution 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report by Commissioner Vassar on October 10, 2017 Park Commission Meeting Minutes CITY COUNCIL REGULAR MEETING AGENDA — October 23, 2017 Page 2 7. PLANNING A. Zoning Ordinance Amendment — Administration of Appeals and Variances Planning Staff Memo Ordinance Summary Publication Ordinance 8. ENGINEERING /PUBLIC WORKS 9. GENERAL /NEW BUSINESS A. Local Road Improvement Grant Application B. Termination Maintenance Agreement with Chanhassen and Cathcart Park C. Proposed Natural Gas Franchise Ordinance and Fee Ordinance 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Planning — Shorewood Landings Parking Lot Update 2. Monthly Budget Report B. Mayor and City Council 11. ADJOURN City Administrator memo Resolution City Administrator memo Agreement City Administrator memo Interim Finance Director memo CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, OCTOBER 9, 2017 1. MINUTES CONVENE CITY COUNCIL WORK SESSION Mayor Zerby called the meeting to order at 6:01 P.M. Present. Absent: Mayor Zerby; Councilmembers Johnson, Lerud; Planning Director Darling; Direc Fauske Councilmember Siakel Review Agenda Johnson moved, Labadie seconded, Administrator Lerud st proposed 2018 Capital August 14 work session constructing new trail session to discuss trails. He noted 2011. Th± the Platte He explained tb out), Phase III costs for any of 2a 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Administrator and, Engineer passed 4/0. t 28, 2017, work session staff presented its included changes discussed during Council's trails because there was no funding source for inber Siakel suggested Council have a work )f the Trail Plan Implementation Report dated October -tee composed of representatives from the City Council, residents at- large, and staff. zed trails into Phases: Phase I (3 — 5 years out), Phase II (5 —10 years and Phase IV (15+ years out). The Report did not include estimated The Smithtown Road Trail has been constructed. The priority for the Mill Street trail segment has been lowered because the City.' of Excelsior currently has no intent to construct its segment. There is no funding for the Galpin Lake Road trail segment; the per foot cost to construct it is quite high. The City has contemplated using property tax abatement or a property tax abatement bond for property taxes generated by the Minnetonka Country Club (MCC) development to help fund construction of trails. Because of the pace of development for the MCC site the tax abatement funding is not yet available. A copy of the Trail Plan Priorities map was distributed which was last updated in 2014/2015. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 9, 2017 Page 2 of 8 He asked if Council believes the trail priorities are still appropriate. He stated Northwest Associated Consultants (NAC), the firm doing the City's Comprehensive (Comp) Plan update, discussed ideas for trails that are not separate from roadways in lower traffic areas (i.e.; possibly striping the shoulder) as a low cost way to provide more pedestrian areas without the cost of a separate trail. Lerud stated after staff receives direction from Council staff will update the Trails CIP. Mayor Zerby asked Director Brown to elaborate on the Committee's perspective noting Brown was the only person present who has served on the Committee. Director Brown stated the Committee's emphasis included the following'.` One is connecting existing trails, with a particular interest in connecting the Lake Minnetonka LRT Regional Trail to the Dakota Rail Regional Trail. There was interest in taking advantage of the safe routes.to schools (SRTS) program. There was a desire to come up with safe pedestrian access ways to get to the Minnewashta Elementary School. Then there was what he termed "fill in trails ". Mayor Zerby explained it was his understanding that pr( significance for trails (e.g.; churches, schools, commereial:ar type of weighting factor. He recalled there is some state law free transportation for students living outside of a two -mile r find some other means of transportation or pay a subsidy. important. Zerby stated the potential Howard's Point trail loop' because of the limited amount of right -of -way (ROW topography would create a challenge. Councilmeml opposite side of the Lake. Councilmember Labadie st and noted that from Smithtown Road dp to Island Vie road. At the intersection the power lines go over to the rted with identifying locations of believed the Committee used some Dilates schools only have to provide a school; otherwise parents have to destrian access to schools is very on on the Priorities map would be a challenge Director Drown stated narrow roadways and the 'Sundberg stated there would be room on the d there are the wetlands and a marsh over there Road the power lines are on the west side of the irsh side. Zerby then stated that he and Administrator Lerud had met with representatives from the Minnesota Department of Transportation (MnDOT) and Hennepin County to discuss options. He learned that the County has; a grant program the City could apply for and if awarded a grant the County would pay for up to 50 percent of the cost of an eight -foot wide bituminous trail and up to 25 percent of the cost of a five- foot wide concrete sidewalk. He went on to, state he had spoken with two members of the City of Orono's Park Commission and heard they were very interested in revisiting the concept plan for a trail along County Road 19 from Shorewood to Orono that would connect the LRT Trail to the Dakota Rail Trail. [The Cities of Orono, Shorewood and Tonka Bay had ''agreed upon a concept plan. Hennepin County, Three Rivers Park District, Minnehaha Creek Watershed District, and parks departments were also involved in those discussions] When Hennepin County' gathered the three City Councils together to ask for their approval one member of the then Shorewood City Council prevented the project from moving forward because they had concerns about the cost of the project. The costs were not known at that time. Orono is now trying to resurrect that effort and trying to gain support for that effort from all three cities. He noted the County is aware of the need for the Mill Street trail segment. He thought that if Excelsior had been willing to move forward with its portion of that trail Shorewood would have moved forward with its portion also. He had recently spoken with the Mayor of Excelsior about that trail and he had some interest with moving forward with that but he is only one voice on the Excelsior Council. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 9, 2017 Page 3 of 8 He stated he thought the new Shorewood Landing Senior Living development could be attached to a Galpin Lake Road trail segment if the City could get funding help from MnDOT. There is a pedestrian crossing at County Road 19 from the Excelsior side. He would like to have that mirrored on the Shorewood side. Councilmember Sundberg stated that until Excelsior is on board to construct its segment of the Mill Street trail she views a Shorewood segment as a connection to nowhere. Mayor Zerby stated from a devil's advocate position only, there are some people who think if Shorewood built its segment then maybe the Excelsior Council would rethink why it has to -date not constructed its segment and would then move forward with the project. Sundberg expressed concern that the plan would work but did support the reasoning for constructing the Shorewood segment to get people closer to Excelsior. Mayor Zerby stated from his personal perspective he would li connect trails. He thought a trail along Yellowstone Trail woul+ percent of a trail segment along Country Club Road which development. There is already a large trail segment along Lake asked if input has been solicited from residents along Yellowsto area. Zerby stated he has not heard residents ask the City to buil heard a large number of complaints about traffic and the impact,( Councilmember Labadie stated she, former Admini Minnetonka Schools Superintendent Dr. Peterson ab contribute toward the cost of a portion of a trail along tax increment financing (TIF) district. In various approaching the City of Chanhassen because the ne) located in Chanhassen and all the houses to the south. o Chanhassen. She asked where those discussions have from Strawberry Lane to Minnewashta Elementary Sc children to walk or bike to school on Strawberry Lane. City to look for opportunities to way to connect to the existing 80 constructed as ,part of the MCC i Drive. Councitmember Sundberg Gil and in the Howard's Point bluff it along Yellowstone Trail. He has ;striae traffic. trator Joynes and Mayor Zerby had met with ut the possibility, of having the School District strawberry Lane. One option discussed involved a neetings afterward there was discussion about development at the end of Strawberry Lane is '62 d Street and north of Highway 7 are located in gone. She stated she considers a pedestrian link ,00l as a vital link. Currently it is very unsafe for k lot of the houses in the area included those built in Chanhassen are occupied by young families. Councilmember Sundberg asked if the grade school aged children living in ,Chanhassen attend Minnewashta School. Councilmember Johnson and Councilmember Labadie answered yes, I`or the most part, unless their parents open enroll them elsewhere. Administrator Lerud stated he and David Drown, the City's financial advisor, had subsequent meetings with Dr. Peterson and the District's finance director about tax abatement bonds for MCC and about paying for trails. There appeared to be a willingness to do that but the District wanted to know what the benefits would be, Lerud then stated the next step in the tax abatement bond process would be to hold a public hearing. The hearing can be called at any time. The City needs to get the School District on board with that. He noted it is his understanding that there is a significant engineering issue along Strawberry Lane. The ROW is narrow for stormwater management improvements. It may be better to do the trail at the same time as the comprehensive stormwater management project is done. Councilmember Labadie asked if anyone has spoken with Chanhassen representatives regarding that recently. Administrator Lerud stated he has not and clarified Chanhassen could not be involved with tax abatement because they do not have taxing jurisdiction over it. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 9, 2017 Page 4 of 8 Director Brown stated when the Boulder Cove development was built the City of Chanhassen was asked if it would participate in building the trail and at that time the answer was no. Councilmember Johnson noted he was the person who asked that question. Administrator Lerud commented that Chanhassen also said no with regard to Cathcart Park improvements. Engineer Fauske stated the comprehensive trail plan shows a future connection west of Highway 7 and through Church Road. Currently that part of Chanhassen does not have density. She then stated when the Boulder Cove development was built there was a lot of discussion at the planning commission level about the lack of a sidewalk to Minnewashta Elementary School. She thought that as children age in the Boulder Cove development in Chanhassen the Chanhassen Council may start to hear more from residents about the need for a safe pedestrian access to the School. Councilmember Johnson stated he approximated that 50 Boulder Cove development attend the Minnewashta t neighbors question when the Strawberry Lane trail will 1 is done. Director Brown asked if many of the residents living along trail. Councilmember Labadie and Councilmember Johnson would require them to give up part of their front yard. Councilmember Johnson explained the parent ;pi School is so long that a lot of parents park their'v leave the vehicle running, duck, onto Strawberry their child and then go back ;to their vehicle. Cour p.m. and there is already a pick up lific at 2:20 p.m. Johnson stated there ma Police Department (SLX hours. it of the grade school children living in the tart' 'School. He then stated many of his ;tructed now that the Smithtown Road trail y Lane would be supportive of a yes and Johnson stated even if it for students at Minnewashta Elementary ng south on Strawberry Lane, get out and Fund to the back of the School to pick up Labadie noted that school gets out at 3:20 with representatives from the South Lake Minnetonka area along Strawberry Lane no parking during school Director Brown stated Public Works often gets calls asking for help getting drivers to move so that the school bu es can get through. Councilmember Labadie asked why Public Works gets called. Mayor Zerby stated that is ,a police issue from his vantage point. Councilmember Johnson stated, that on curriculum night or for any other major event at the school, vehicle parking goes back to Alexander Lane. Director Brown stated from his perspective one of the most satisfying projects the City has ever done was the Vine Hill Road trail at Covington Road. He explained that once the City brought up the idea of a trail there the majority of residents supported moving forward with that project. Mayor Zerby noted the trail along Smithtown Road has been well received by residents. Zerby asked when Strawberry Lane is scheduled for major improvements. Administrator Lerud and Director Brown both stated it is not scheduled for 2018 or 2019. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 9, 2017 Page 5 of 8 Councilmember Sundberg stated that she thought a new trail along Strawberry Lane should be the highest priority. Councilmember Johnson concurred and clarified that is because of its proximity to the Minnewashta Elementary School. Johnson stated he thought the trail along the Country Club Road / Yellowstone Trail loop is a close second because a significant portion of the trail along Country Club Road is already built. Councilmember Labadie and Councilmember Sundberg agreed. He thought the Mill Street trail segment is the third priority but only if Excelsior is going to construct its portion of it. He noted he thought the conversation with Excelsior needs to be escalated. Labadie stated the focus could be on the top two priorities. Mayor Zerby noted he hears from constituents about the desire for the Mill Street trail segment. Councilmember Sundberg stated she has encouraged Shorewood res friends about their support for the Mill Street trail segment. Mayor Zerby explained the Excelsior Council and staff construction project along County Road 19 because it did r Councilmember Sundberg asked what can be done to improve with Excelsior. It needs to be more than just the Mayors intern more constructively with the Excelsior Council but she is perl would also like the City to have a better relationship with Tonka Councilmember Johnson stated he would be specific to the Mill Street issue. Mayor Zerby stated he thought people should John Beattie. Councilmember Labadie stated she would not Director Brown stated Mayor Zerby stated thi speak with their Excelsior Hennepin County for a d's relationships, in particular houaht it is important to work on how to do that. She noted she out to member(g) of the Excelsior Council Jennifer Caron and members of the Excelsior Council. the Excelsior Council a number of years ago. Mayor Zerby recapped what , he thought he heard. The only thing holding back Strawberry Lane improvements is money. Councilmember Johnson added and some logistical issues. Administrator Lerud stated stormwater management issues are part of that. Councilmember Labadie asked if the logistical issues can be overcome. Engineer Fauske stated there is a meeting with Minnehaha Creek Watershed District (MCWD) representatives scheduled for October 11th to discuss long term planning for stormwater improvements for the west end of Shorewood and that would include the Strawberry Lane area. The major challenge is there is nowhere to put the water and the water table is high. Piping it to Lake Minnetonka is a permitting issue. Director Brown stated that along Strawberry Lane there are segments where the ROW is right behind the edge of the pavement. Mayor Zerby asked if would be beneficial to at some point have an open house for the residents living along Strawberry Lane to discuss potential improvements in that area. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 9, 2017 Page 6 of 8 Director Brown stated in the past watermain extension drove a lot of the CIP schedule. Then roadway reconstruction/reclamation drove the schedule. And now stormwater improvements are starting to drive the CIP schedule. The City receives many complaints regarding drainage in the Strawberry Lane and the Grant Lorenz Road areas and all the way back to Freeman Park. Brown explained that it is likely that the ditch along Grant Lorenz Road will have to be realigned because it is not possible to fit a 60 -inch pipe along the roadway. The upstream improvements on either side of Smithtown Road will likely involve ponding and piping. All of that will take time to figure out. Brown noted that the LRT Trail is located on the site of a former railroad Councilmember Johnson stated he thought the past discussion regarding piping stormwater along Grant Lorenz Road and eventually on to Lake Minnetonka was because the water in the ditches along the LRT Trail was not making it to the existing culvert because of debris in the ditches: That is what he understood from the former City Engineer. It is also his understanding the Hennepin County Regional Rail Authority (HCRAA) will not clean out the debris in the ditch. He is astonished that the City would have to spend a significant amount of money to improve the drainage situations when a much simpler thing to do would be to clean out the ditch (including the dead trees) and stop people from putting things like wood chips in the ditch. Councilmember Sundberg stated she understands why Excelsior wo of the Mill Street trail segment in Excelsior because it would not be the most from using it; it would be Shorewood residents that would construction cost should be shared. Councilmember Johnson and should because Excelsior businesses would benefit from Johnson stated there would be an economic benefit to E) Administrator Lerud stated what is most important to di high priority trails and determine how, trail projects sh then stated if Excelsior decided it was ..aoina to constr would be unfortunate if Shorewood d Mayor Zerby'stated it was,his recoil going to cost about $700,(}44; it was cover one -half of that cost. not want to pay to put in a portion ,clsior residents that would benefit it the most. She questioned if the >uncilmember Labadie thought it idents coming to those businesses. is to identify a funding plan for constructing the uld be scheduled along with other projects. He ct its portion of the Mill Street trail segment it to move forward with its portion. that Shorewood's portion of the Mill Street trail segment was i eight foot wide trail. Maybe a Hennepin County grant could Administrator, Lerud stated with regard to the LRT Trail there are two competing organizations. The HCRRA owns the land where the Trail is and the Three Rivers Park District (TRPD) leases the land. The HCRRA won't do anything about the ditch area and the TRPD wants to keep the trees in the ditch area. Engineer Fauske asked if the obstructed flow of stormwater runoff is solely the result of a maintenance issue. Director Brown explained there are a number of issues. One is the ditches are in a very flat area. Secondly the ditches were there from when the railroad track was in place and later they were not sized to carry stormwater. Councilmember Johnson asked when the culvert was installed at Freeman Park. Brown stated when he joined the staff 22 years ago that culvert was in place. Johnson stated there are a number of downed trees around that culvert. Administrator Lerud stated staff will report back about its meeting with the MCWD on October 11th. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 9, 2017 Page 7 of 8 Councilmember Labadie stated that depending on the meeting with the MCWD it may be necessary to adjust the trail priorities. She asked if Excelsior is not going to construct its portion of the Mill Street trail segment then maybe it should be taken off of the Priority I (3 - 5 years) group. Then future trail funding could be used for other trails. The same would apply if it ends up being too challenging to build the Strawberry Lane trail segment. She then stated it might be premature to hold an open house about a potential Strawberry Lane trail segment until there is a better idea of what may happen. Administrator Lerud clarified the City has a Trail Plan; but it does not have any more funding to pay for construction of trails. Councilmember Labadie stated the Strawberry Lane trail segment has nothing to do with the other trails in the Priority II group. Maybe it should be broken out separate from that group. Councilmember Sundberg concurred. Councilmember Sundberg stated without Council having preliminary cost estimates it is difficult to finalize trail priorities. She then stated because Strawberry? Lane goes to the Minnewashta Elementary School she has no doubt that it should be the top priority, Mayor Zerby stated if having walkability to school is a high priority then the Mill Street and Galpin Lake Road trail segments should also be high priorities. Zerby then stated he has spoken about trying to have a pedestrian` safe access from near City Hall to the community gardens in Excelsior. That would allow residents to walk into Excelsior. He went on to state that he thought that anytime the City considers rebtilding a road it should consider pedestrian improvements if they are possible while clarifying he is-not including cul -de -sacs. Councilmember Sundberg suggested that be added to the list to evaluate. Councilmember Johnson,stated if the Minnetonka School District is going to help fund the construction of a trail along Strawberry Lane then he assumes the taxpayers within the District will ultimately be paying for that. Administrator Lerud stated the only way they would contribute toward paying for it is with tax abatement from the MCC development. Mayor Zerby'asked how the safe routes to school program funding could factor in. Administrator Lerud explained that the City and-School District could jointly apply for that program. But that needs to be done about,two years out. He stated he thought the cap would be about $300,000. asked if the application for a potential matching grant from Hennepin County is due by the end Administrator Lerud stated that in addition to the grant program there is funding through the County's CIP. The County asks for projects to be included in its CIP. A one page list was submitted for a pedestrian access along Mill Street as well as for two others. The County evaluates the CIP programs by the end of the year. The County engineer had recommended the City get trails on that list. Councilmember Labadie asked if there is a limit for the number of trails the City can apply for. Lerud stated no and noted they have to be along County State Aid roads. Mayor Zerby stated that needs to be submitted a few years before possible construction. Mayor Zerby suggested Council and staff have a discussion about trails as part of the annual discussion about the CIP. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 9, 2017 Page 8 of 8 Councilmember Sundberg asked if the membership on the Excelsior Council has changed enough so that its reaction might be better. Mayor Zerby responded no; it believes Excelsior does not have the money to construct its portion of the Mill Street trail segment. Mayor Zerby noted that Excelsior expects to make $250,000 off of the parking meters it installed. That Council also discussed Excelsior needs to bond $10 million for road improvements. Councilmember Labadie asked if staff thought this work session was productive. Administrator Lerud responded yes. Labadie asked if staff had any questions for Council. Engineer Fauske asked for clarification on what estimates Council would like for trail construction. She thought she heard for the Strawberry Lane trail segment, the Mill Street trail segment and the country Club Road / Yellowstone Trail /Lake Linden Drive trail segment. Councilmember Johnson reiterated the estimate for Mill Street is $700,000 with a potential for a Hennepin County grant: He thought the estimate for Strawberry Lane should be refined after the October 11"' meeting with the MCWD. Councilmember Sundberg stated she would also like an estimate for the Howard's Point bluff area trail segment. Mayor Zerby clarified that the estimates would require cost for doing them. Councilmember Labadie stated she does not tl priority has changed. Otherwise the City would the time it is needed in 10 —15 years. Councilmember Sundberg stated she agreed considers rebuilding a road it should consider p 3. ADJOURN Sundberg moved, Johnso 2017, at 7:02 P.M. motion RESPECTFULLY SUBM Christine freeman, Recor ATTEST: Sandie Thone, City Clerk studies and there would be a is a need to focus,on Priority III trails until their is to do something that will likely be outdated by ryor Zerby"s suggestion that anytime the City improvements if they are possible. n seconded, Adjourning the City Council Work Session of October 9, Scott Zerby, Mayor CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 9, 2017 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, Labadi Administrator Lerud; City Clerk Thone; Plannij Works Brown; and, City Engineer Fauske Absent: Councilmember Siakel B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as p 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. 2B 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Attorney Keane; City ig; Director of Public d. Motion passed 4/0. Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein.. A. City Council Work Session Minutes of September 25, 2017 B. , City Council Regular Meeting Minutes of September 25, 2017 C. City Council/Planning Commission Joint Session Meeting Minutes of September 25, 2017 D. Approval of the Verified Claims List E. Accept Professional Services Agreement with WSB & Associates for the Shorewood Lane Ravine Restoration, City Project 17 -15 F. Adopting RESOLUTION NO. 17 -086, "A Resolution Approving Licenses to Retailers to Sell Tobacco Products for CUB Foods Shorewood, Holiday Stationstore #12, Lucky's Station LLC #7, Shorewood Cigars and Tobacco, Inc., and Wine & Spirits by JD dba MGM Liquors. Motion passed 4/0. 3. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 9, 2017 Page 2 of 9 A. Chaska Road Complaint and Petition — Cindy Marr Cindy Marr, 6015 Chaska Road, explained the neighborhood she lives in has grown because of the new Shorewood Landing Senior Living development. She is requesting on behalf of the residents in her neighborhood the city to assess traffic speed and traffic volume on Chaska Road. She requested the city wait to do the assessment until Mill Street is reopened in the City of Excelsior and southbound Highway 41 at Highway 5 is reopened. Those construction situations have contributed to an increase in traffic of approximately two- thirds daily by drivers who are cutting through on Chaska Road. The residents have five requests for action from the city. One of them has already been fixed. The other four requests are as follows. Place stop signs at the three corners of Mayflower Road rounded corner and it is very easy for drivers to approach stop signs may slow drivers down. She explained that in 195 their mail box and was struck head on by a driver going 5' police report. The engine on her husband's car was pushed was thrown into the parking lot of what is n,ow,Shorewood feet. She knows there are speeders on Chaska Road bec expressed concern about the safety of their new neighbors, N installed drivers have been using that as a straight line. It a off of Highway 7 even faster. 2. They would like the westbound turn Transportation (MnDOT). That was They would like city did at Chri emergency vehic 4. Consider the The fifth request, whic turn on to Galpin Lake The turn offthe of westboun does not encourage drivers to Ms. Marr stated the res volumes after Mill Stre will start to move in to made before a senior re, nd Chaska Road intersection. It is at very high speeds. The proposed her husband was in his vehicle near miles per hour (rpph), based on the nto the passenger's seat and his car ,anding; a distance of"More than 55 use of that one police report. She to are all seniors. After the curb was pears to her that drivers are coming 7 closed by the Minnesota Department of - rxnain extension project was going on. Chaska Road dead end at Mayflower Road. That is similar to what the ike where a barrier was installed that could be moved if need be for of speed burps. i done, was to adjust the U turn at Highway 7 so that drivers can make a not drive down Chaska Road. lane of Highway 7 to cross over to Chaska Road is fairly straight; it down. are imploring the City to help with managing the traffic speed and traffic Highway 41 are reopened. She noted that on December 1, 2017, residents horewood Landing. The residents would like to have some safety changes gets hurt. Councilmember Sundberg stated she thought the residents' requests are entirely reasonable. She then stated from her perspective she would like staff to look into this. She expressed her appreciation for the residents being reasonable and understanding. Ms. Marr believed early in 2018 would be a good time for staff to assess things. By then the construction on Mill Street and Highway 41 should be done and the initial flux of residents should have moved in to Shorewood Landing. She stated the traffic on Chaska Road creates frightening conditions. She noted the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 9, 2017 Page 3 of 9 residents believe the ultimate goal is to lower the speed drivers are traveling at. She explained when drivers are driving north on Highway 41 and exit on Chaska Road they are traveling fast. She suggested there be a joint effort between Shorewood, Chanhassen and MnDOT to try and reduce speeds drivers are traveling at. Mr. Marr noted that Galpin Lake Road was once intended to be a county road; a main thoroughfare. When things were changed on Highway 7 traffic shifted to Chaska Road. Mayor Zerby stated one of the things contributing to the issue is all of the new development along Highway 5. Ms. Marr stated if Chaska Road was closed to thru traffic that would shift drivers to other neighborhoods. She expressed the residents would be appreciative if the city found some way to help mitigate the speeding issue. John Macauley, 6025 Chaska Road, noted he lives next to Ms. Marr and that he agrees wholeheartedly with what she has said. He stated he has almost been hit by a vehicle several times while walking his dogs. He stated the construction crews have done the best that they can. He expressed his srprise that no one has been hurt yet. Mayor Zerby asked Director Brown if MnDOT has been reluctant to changing the exit off of Highway 7 on to Chaska Road. Engineer Fauske stated staff can ask MnDOT about the possibility of closing that exit. Ms. Marr stated the original objective was to strip dri and exit on to Galpin Lake Road so the exit off the lef straight rather than a U shape. If the exit there could Galpin Lake Road that would lessen some of the traffr of the exit is a problem and modifying; that would hel Road from Highway 7. She thought that had worke Zerby stated based on his observations, closing that function well when it was closed during construction and it would create a more peaceful area. ers from taking a left turn on to Highway 7 to go most lane ofHighway 7 was made to be more of a e made into a U shape so drivers could exit on to exiting on to Chaska Road. She thought the shape It would also help to close the exit on to Chaska during the watermain extension project. Mayor xit would be a good idea noting it did seem to Ms. Marr stated doing that would improve safety Mayor Zerby stated he believed the exit off of westbound Highway 7 over to Chaska Road was designed to be more 'of.a straight shot to make it safer to cross eastbound traffic on Highway 7. Zerby requested staff reach out to MnDOT to find out what, if anything, it is willing to change. Engineer Fauske agreed to contact MnDOT. Councilmember Johnson: stated if he worked for Oppidan he would be willing to close the exit on to Chaska Road. He asked if anyone had spoken with Oppidan representatives about doing that. Ms. Marr stated the person from Oppidan she spoke with seemed to be willing to support that concept at a later date when she was not so busy. Mayor Zerby stated when the traffic returns to being somewhat more normal he recommended the city perform a speed study for that area. After that, staff and council can discuss various options that would help address the residents' traffic concerns. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 9, 2017 Page 4 of 9 Ms. Marr stated that in the more immediate future she would like to have the three stop signs installed at the Chaska Road and Mayflower Road intersection. 4. PUBLIC HEARING — no public hearings. 5. REPORTS AND PRESENTATIONS — no reports and presentations were heard. 6. PARKS — no Parks related reports or action items. 7. PLANNING A. Report by Commissioner Riedel on the October" 3, 2017, Planning Commission Meeting Planning Commissioner Riedel reported on matters considered and actions taken during the October 3, 2017, Planning Commission meeting (as detailed in the minutes of that meeting and the staff report for that item). Councilmember Johnson noted he was the Council Liaison during that meeting and stated he thought the Planning Commission spent a great deal of time discussing the detail of staff's recommended changes to the Zoning Code. He stated he was involved in the discussion regarding the public hearing versus public meeting proposed changes and that he agrees , with the amendments recommended by staff and the Planning Commission. 8. ENGINEERING /PUBLIC WORKS — no Enuineerin0f`ublic Works action items. 9. A. Assess Administrator Lerad explained that during council's September 11, 2017, meeting there was discussion regarding whether or not there was 'a steed for the city to have a formal policy regarding what the city's responsibility is when it comes to paving city -owned unpaved roads. There are only three unpaved roadways, ,Maple Avenue, Enchanted Point, and Wiltsey Lane. The city relatively recently received a question f oni an owner of a property abutting one of those roadways regarding what the process is for having an unpaved road paved and who bears the cost for the initial paving. The city's past practice has been to assess 100 percent of the cost of the initial paving. He clarified that the city is not required to have an assessment policy, but staff recommends adopting one and this policy could eventually be incorporated into an overall assessment policy if/when one is adopted. The draft policy specifies the reasons for paving a roadway. Council needs to determine what percent of the paving cost should be assessed to the owners of the adjoining properties. It also specifies that if council determines it is in the best interest of the city to pave a roadway and if 100 percent of the owners of the adjoining properties do not petition for the paving, the benefitting property owners shall be assessed 100 percent of the cost of the improvement. The rationale for the practice of assessment of 100 percent is that anyone who purchased a property along a gravel road did so knowing that the cost of a paved road was not factored into the purchase price for their property. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 9, 2017 Page 5 of 9 Councilmember Johnson stated there is only one household along Maple Avenue. He asked how many households there are along the other two unpaved roadways. Director Brown stated there are five along Wiltsey Lane and approximately 12 along Enchanted Point. One of the challenges along Wiltsey Lane is the homes front State Highway 7 on one side and Wiltsey Lane on the other side. He noted Lagoon Drive has a gravel surface but is not a city -owned road. Mayor Zerby asked who pays for stormwater management improvements if/when those three roadways are paved. Administrator Lerud explained the policy is written such that the overall cost (from feasibility to installation) for those improvements would be included in the assessment amount. Zerby stated Eureka Way is unpaved. Director Brown clarified that is Zerby then stated he is open to assessing for less than 100 they are public roads. Councilmember Johnson stated he may provide an incentive for some of the property owners Zerby asked Director Brown if he believes there is a public 1 Brown stated for property owners there would be less we perspective, paved roads take less maintenance. With gravel; to be dealt with quickly. Zerby stated paved roads tax Public road does. Brown concurred. Councilmember Johnson stated Maple Avenue is a1 driveway to get to that street is about 500 yards long adjoining Maple Avenue petitioning the city to have it 7 Director Brown stated staff recently had discussion ah the Church Road cul -de -sac, vacating the right -of -way the existing utilities. Councilmember Johnson stated he Mayor Z in Shore, M Zerby proposed 80 percent of the total with the city oavina the remainiha 20 r road. "the costto property owners because h.less than 100 percent because that do it. .o ,paving those three unpaved roads. tear on their vehicles. From a time residents expect things like potholes personnel slightly less than a gravel 0 yards long. The length of the private -s, not envision the owner of that property the possibility of bringing Maple Avenue into )W) and leaving a utility easement in place for ild support doing that. n`cils being criticized numerous times for having gravel roads a good understanding of why those gravel roads exist. pave a gravel road be assessed to the benefitting properties Councilmember Johnson proposed a 90/10 split. Councilmember Labadie stated she thought it was difficult to decide what portion should be assessed without knowing what the cost to make the improvements would be noting she understood council is being asked to approve a general policy that would only apply to three roads. She then stated if council were to approve a policy with a specific assessment amount included she thought it prudent that the council have a right to review the assessment on a road by road basis. Administrator Lerud noted it is a policy and not a mandate. He clarified that with supporting justification council can change the assessment percentage on a per road basis. Attorney Keane stated some communities establish the assessment on a fixed amount front lineal foot basis. The fixed amount is adjusted from time to time. That approach provides some level of certainty for the petitioning property owners. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 9, 2017 Page 6 of 9 Mayor Zerby stated the street maintenance schedule developed by staff includes a lot of information about the estimated cost to make various improvements to roadways. Zerby asked Councilmember Labadie if she would like staff to come back with total cost estimates to make all improvements to the three gravel roads. Labadie stated not necessarily because staff has reassured council that they will have the opportunity to review the assessment percentage on a road by road basis. Director Brown stated staff could calculate the value of having a gravel road versus a prepared surface. Those values could help the council come up with an assessment percentage amount. Councilmember Johnson suggested the assessment amount be 100 p the council has a right to review the assessment amount on a road by Johnson moved, Labadie seconded, adopting the Assessment That Have Not Been Paved subject to setting the assessment ai and including a stipulation that council has the right to review road basis. Motion passed 4/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff rcent and that the policy specify that -oad basis. [icy for Paving Streets and Roads unt at 100 percent of the total cost e assessment amount on a road by 1. Watermain Report Director Brown stated the city has experienced a few watermain issues over the last two weeks. Two were breaks and one was a repair connected with the Badger Park improvements project. They have all been addressed. Other Director Brown stated that during the October 7th - shredding event there were 5,736 pounds of paper collected. The event was.hcld at the Public Works facility because of the improvements going on in the City Had campus area. He thought vehicles flowed better at the Public Works facility. Brown noted the city is still awaiting the arrival of the replacement speed awareness display sign for Country Club Road. The sign will be put up within one business day after arrival. Mayor Zerby stated from his perspective there seems to be a trend with watermain valve issues because of deterioration under hot soils. Tfthere is a trend he asked if the city should be taking proactive actions. He assumes that would be less costly than waiting until things break. Director Brown explained he had asked a vendor the city does business with to provide a quote for replacing bolts that have deteriorated noting the bolt replacement does not include replacing the entire valve. The quote he received was a per bolt quote. Procedures have been changed so anytime there is digging down to a point where a watermain is touched cathodic protection is included. He then stated that he and Engineer Fauske have discussed that as part of any reclaim project the feasibility of repairing /replacing bolts and valves be considered. Mayor Zerby asked if that increased cost will impact the 2018 budget. Brown stated he was certain the repair budget will have to be increased to cover valve replacements and watermain breaks. Brown expressed disappointment that the quote provided for CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 9, 2017 Page 7 of 9 replacing bolts before they fail is not significantly different than the cost for making emergency repairs. Zerby asked that staff assess the need to increase the budget before the final budget needs to be approved. Councilmember Johnson stated it was his understanding that when a bolt goes there is a very slow leak. It seems the city has been willing to wait to make a repair during normal working hours. Director Brown stated there are two types of failures. One is slow and they can be fixed in the next three days or less. The other must be fixed more immediately. Engineer Fauske provided an update on city projects; 1) Mill Street project in Excelsior, the watermain installation is complete and, weather permitting, it is anticipated the installation of curb and gutter and patching will be done this week, 2) Badger Park improvements project, the utility work should be finished this week weather permitting, 3) 2017 Reclamation Project, the contractor's: goal is to get the reclamation machine on site this week weather permitting. Director Brown stated he intends on speaking with various members of the engineering group regarding pushing the 2017 Reclamation Project out to 2018. There have been past discussions about starting projects earlier in the year. Doing so would probably take one year to put in place because the entire process would have to be started one year earlier. He niay be coming back before council to say from his perspective it may be prudent to move the project out to, 2018 if the contractor is willing to hold its current prices. Staff discussed this option last week due to rain conditions. Staff has spoken with the contractor about bringing in the reclamation equipment earlier than what is happening. Mayor Zerby stated he understands weather delays and seasonality. He noted he was disappointed about there being a delay and he thought for sure the residents living along Eureka Road would also be disappointed. The Eureka Road issues have been ongoing since last spring and the council has been hearing from residents regarding the issues for a number of months. He expressed frustration that a project that has been talked about since last spring may all of a sudden not get done this year because of weather. Councilmember Sundberg thanked staff for trying to get things back on track in order to meet everyone's expectations. She stated she thought staff is, appropriately alarmed. Director Darling stated -that during its !October 23rd meeting council will consider amendments to the City Code. She stated that open houses regarding the Comprehensive Plan are scheduled for October 25th, 26th,. and 30th at various times - during the day. Councilmember, Sundberg asked, if council will be asked to take action on the proposed City Code amendments on October 23rd and Director Darling affirmed. B. Mavor and City Council Councilmember Sundberg stated she recently became aware that there is a developer who has been working with the city regarding the Smithtown Road /Manitou Lane area. It is her understanding that there have been meetings with some of the owners of businesses there. She asked at what stage in the process could council expect to receive information regarding what is developing. Director Darling stated discussions are still in their infancy stage. Staff has met twice with the developer and they will meet with them again on October 10th to receive an update on the developer's discussions with affected businesses. She will provide council with a summary during its October 23rd meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 9, 2017 Page 8 of 9 Sundberg noted it did not feel good to be clueless and she asked if there is a way to help ensure council is in the loop and not caught off guard. Administrator Lerud stated the developer's concept is very preliminary. During early discussions about a proposal things that will not work are quickly weeded out. Councilmember Sundberg clarified she does not want to interfere with staff's work. But, for a major development she would appreciate not being caught off guard particularly when there are a lot of citizens who are aware of it. She stated an email would be sufficient. Mayor Zerby stated he has serious concerns about what is being constructing over 50 houses in the Smithtown Crossing Redevelops that may be the way to go there could be value in discussing it with Councilmember Sundberg stated she is comfortable with council with what is being contemplated. In response to a comment by Mayor Zerby, Admini on what has been discussed to date. Administrator Lerud stated in addition to the open houses regarding survey will be placed on the city's website for , those who do not want ,t Councilmember Sundberg stated the city has not done a citizen survey it may be time to do another one. Mayor Zerby stated he and Administrator Lerud had met with a ve service. Mayor Zerby stated a Sl massacre. Mr. Berger had moment of silence in resin Councilmember Labadie thanked the Prevention Open House and Safety Murphy- Ringate, the firefighters and c There is discussion about If the developer is thinking and then coming to d staff has not spent a lot of time the Comprehensive Plan an online o come to an open house. of years. She thought who offers surveys as a web Steve Berger, lost his life during the recent Las Vegas all attend Minnetonka Schools. He asked people to take a Isior Fire District (EFD) for hosting a very informative Fire on October 5th. She thanked Chief Gerber, Fire Marshall for their efforts. Councilmember Sundberg stated the previous week she and Communications Coordinator Moore attended a conference titled Leading the Clean Energy Transition hosted by Xcel Energy. While there she encountered Michelle Swanson, the Community Relations Manager for Xcel for the southwest metropolitan area, and spoke with her regarding the power outages that occur in the city. Ms. Swanson expressed her willingness to come and update council on the progress Xcel has made on mitigating outages. Sundberg listed some of the statistics she learned at the conference. The CO2 level is the highest it has been in three million years. There is on a one in 27 million chance that the CO2 level increased naturally. There has been a 45 percent increase in heavy rain downpours in the upper Midwest. The mosquito season has increased by 42 days in Minnesota. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 9, 2017 Page 9 of 9 Sundberg stated that on September 25th Minnesota Representative Pugh met with council during a work session. Communications Coordinator Moore suggested the city let Representative Pugh on what the city has done with regard to renewable energy. She had spoken with Administrator Lerud about ensuring there is ongoing communication with Representative Pugh about what the city's issues are and which Representative Pugh could help with. She noted she would like to know how responsive Representative Pugh is to the city. Councilmember Labadie stated she would also like Administrator Lerud to follow -up with Representative Pugh. She noted council raised a number of very important issues with Representative Pugh. Mayor Zerby stated on the same night as the EFD's Fire Prevention South Lake Minnetonka Police Department (SLMPD) held its first Desert Storm urban assault vehicle available to look at. 11. ADJOURN Labadie moved, Johnson seconded, Adjourning th 2017, at 8:12 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Sandie Thone, City use and Safety Fair the e. There was a surplus Regular Meeting of October 9, by, Mayor ® #2C MEETING TYPE City of Shorewood nib Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: October 23, 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. 64047 — 64077 & ACH 466,734.28 Total Claims $466,734.28 We have also included a payroll summary for the payroll period ending October 15, 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. Account Number Debit Amount Credit Amount Description FUND 101 General Fund 101 -00- 1010 -0000 0.00 48,945.34 CASH AND INVESTMENTS 101 -11- 4103 -0000 1,716.64 0.00 PART -TIME 101 -11- 4122 -0000 131.31 0.00 FICA CONTRIB - CITY SHARE 101 -13- 4101 -0000 11,100.72 0.00 FULL-TIME REGULAR 101 -13- 4103 -0000 362.86 0.00 PART -TIME 101 -13- 4121 -0000 859.76 0.00 PERA CONTRIB - CITY SHARE 101 -13 -4122 -0000 872.54 0.00 FICA CONTRIB - CITY SHARE 101 -13- 4131 -0000 1,602.92 0.00 EMPLOYEE INSURANCE - CITY 101 -13- 4151 -0000 76.94 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 137.06 0.00 FICA CONTRIB - CITY SHARE 101 -15- 4131 -0000 156.00 0.00 EMPLOYEE INSURANCE - CITY 101 -15- 4151 -0000 12.22 0.00 WORKERS COMPENSATION 101 -18- 4101 -0000 5,400.16 0.00 FULL -TIME REGULAR 101 -18- 4121 -0000 405.02 0.00 PERA CONTRIB - CITY SHARE 101 -18 -4122 -0000 409.10 0.00 FICA CONTRIB - CITY SHARE 101 -18- 4131 -0000 463.50 0.00 EMPLOYEE INSURANCE - CITY 101 -18- 4151 -0000 34.83 0.00 WORKERS COMPENSATION 101 -24- 4101 -0000 4,405.23 0.00 FULL -TIME REGULAR 101 -24- 4121 -0000 330.41 0.00 PERA CONTRIB - CITY SHARE 101 -24 -4122 -0000 278.16 0.00 FICA CONTRIB - CITY SHARE 101 -24- 4131 -0000 515.00 0.00 EMPLOYEE INSURANCE - CITY 101 -24- 4151 -0000 34.21 0.00 WORKERS COMPENSATION 101 -32 -4101 -0000 7,007.13 0.00 FULL -TIME REGULAR 101 -32 -4102 -0000 297.59 0.00 OVERTIME 101 -32 -4121 -0000 547.85 0.00 PERA CONTRIB - CITY SHARE 101 -32 -4122 -0000 578.03 0.00 FICA CONTRIB - CITY SHARE 101 -32 -4131 -0000 1,899.66 0.00 EMPLOYEE INSURANCE - CITY 101 -32 -4151 -0000 372.74 0.00 WORKERS COMPENSATION 101 -33- 4101 -0000 52.42 0.00 FULL -TIME REGULAR 101 -33- 4121 -0000 3.93 0.00 PERA CONTRIB - CITY SHARE 101 -33 -4122 -0000 3.47 0.00 FICA CONTRIB - CITY SHARE 101 -33- 4151 -0000 0.79 0.00 WORKERS COMPENSATION PR - G/L Distribution Report (10/16/2017 - 11:24 AM) Page 1 Account Number Debit Amount Credit Amount Description 101 -52 -4101 -0000 3,874.04 0.00 FULL -TIME REGULAR 101 -52 -4121 -0000 290.55 0.00 PERA CONTRIB - CITY SHARE 101 -52 -4122 -0000 319.82 0.00 FICA CONTRIB - CITY SHARE 101 -52 -4131 -0000 1,086.61 0.00 EMPLOYEE INSURANCE - CITY 101 -52 -4151 -0000 193.34 0.00 WORKERS COMPENSATION 101 -53- 4101 -0000 982.03 0.00 FULL -TIME REGULAR 101 -53- 4121 -0000 73.66 0.00 PERA CONTRIB - CITY SHARE 101 -53 -4122 -0000 73.34 0.00 FICA CONTRIB - CITY SHARE 101 -53- 4131 -0000 22.28 0.00 EMPLOYEE INSURANCE - CITY 101 -53- 4151 -0000 0.13 0.00 WORKERS COMPENSATION FUND Total: 48,945.34 48,945.34 FUND 201 Southshore Center 201 -00- 1010 -0000 0.00 715.74 CASH AND INVESTMENTS 201 -00- 4101 -0000 142.15 0.00 FULL -TIME REGULAR 201 -00- 4103 -0000 507.50 0.00 PART -TIME 201 -00- 4121 -0000 10.65 0.00 PERA CONTRIB - CITY SHARE 201 -00 -4122 -0000 47.51 0.00 FICA CONTRIB - CITY SHARE 201 -00- 4151 -0000 7.93 0.00 WORKERS COMPENSATION FUND Total: 715.74 715.74 FUND 601 Water Utility 601 -00- 1010 -0000 0.00 11,630.44 CASH AND INVESTMENTS 601 -00- 4101 -0000 8,543.96 0.00 FULL -TIME REGULAR 601 -00 -4102 -0000 601.73 0.00 OVERTIME 601 -00- 4105 -0000 338.11 0.00 WATER PAGER PAY 601 -00- 4121 -0000 701.87 0.00 PERA CONTRIB - CITY SHARE 601 -00 -4122 -0000 609.65 0.00 FICA CONTRIB - CITY SHARE 601 -00- 4131 -0000 588.79 0.00 EMPLOYEE INSURANCE - CITY 601 -00- 4151 -0000 246.33 0.00 WORKERS COMPENSATION FUND Total: 11,630.44 11,630.44 FUND 611 Sanitary Sewer Utility 611 -00- 1010 -0000 0.00 6,317.56 CASH AND INVESTMENTS 611 -00- 4101 -0000 4,423.83 0.00 FULL -TIME REGULAR 611 -00 -4102 -0000 162.10 0.00 OVERTIME 611 -00- 4105 -0000 338.11 0.00 SEWER PAGER PAY 611 -00- 4121 -0000 369.25 0.00 PERA CONTRIB - CITY SHARE 611 -00 -4122 -0000 328.21 0.00 FICA CONTRIB - CITY SHARE 611 -00- 4131 -0000 588.79 0.00 EMPLOYEE INSURANCE - CITY 611 -00- 4151 -0000 107.27 0.00 WORKERS COMPENSATION PR - G/L Distribution Report (10/16/2017 - 11:24 AM) Page 2 Account Number Debit Amount Credit Amount Description FUND Total: 6,317.56 6,317.56 FUND 621 Recycling Utility 621 -00- 1010 -0000 0.00 594.63 CASH AND INVESTMENTS 621 -00- 4101 -0000 454.02 0.00 FULL -TIME REGULAR 621 -00- 4121 -0000 34.05 0.00 PERA CONTRIB - CITY SHARE 621 -00 -4122 -0000 32.10 0.00 FICA CONTRIB - CITY SHARE 621 -00- 4131 -0000 71.93 0.00 EMPLOYEE INSURANCE - CITY 621 -00- 4151 -0000 2.53 0.00 WORKERS COMPENSATION FUND Total: 594.63 594.63 FUND 631 Storm Water Utility 631 -00- 1010 -0000 0.00 627.67 CASH AND INVESTMENTS 631 -00- 4101 -0000 448.36 0.00 FULL -TIME REGULAR 631 -00 -4102 -0000 46.67 0.00 OVERTIME 631 -00- 4121 -0000 37.14 0.00 PERA CONTRIB - CITY SHARE 631 -00 -4122 -0000 36.93 0.00 FICA CONTRIB - CITY SHARE 631 -00- 4131 -0000 48.02 0.00 EMPLOYEE INSURANCE - CITY 631 -00- 4151 -0000 10.55 0.00 WORKERS COMPENSATION FUND Total: 627.67 627.67 FUND 700 Payroll Clearing Fund 700 -00- 1010 -0000 68,831.38 0.00 CASH AND INVESTMENTS 700 -00- 2170 -0000 0.00 34,715.01 GROSS PAYROLL CLEARING 700 -00- 2171 -0000 0.00 6,832.06 HEALTH INSURANCE PAYABLE 700 -00 -2172 -0000 0.00 4,884.16 FEDERAL WITHHOLDING PAYABLE 700 -00- 2173 -0000 0.00 2,097.60 STATE WITHHOLDING PAYABLE 700 -00- 2174 -0000 0.00 7,714.46 FICA/MEDICARE TAX PAYABLE 700 -00- 2175 -0000 0.00 7,095.17 PERA WITHHOLDING PAYABLE 700 -00- 2176 -0000 0.00 1,699.52 DEFERRED COMPENSATION 700 -00- 2177 -0000 0.00 1,099.81 WORKERS COMPENSATION 700 -00- 2181 -0000 0.00 1,098.62 DISABILITY INSURANCE 700 -00- 2183 -0000 0.00 735.77 HEALTH SAVINGS ACCOUNT 700 -00- 2184 -0000 0.00 502.20 DENTAL DELTA 700 -00- 2185 -0000 0.00 357.00 DENTAL - UNION FUND Total: 68,831.38 68,831.38 Report Total: 137,662.76 137,662.76 PR - G/L Distribution Report (10/16/2017 - 11:24 AM) Page 3 64047 588 CULLIGAN WATER (SSCC) 10/13/2017 101X30584406 69.65 Check 64047 Total: 69.65 64048 867 GPRS 10/13/2017 GPRS - 10/26/17 50.00 GPRS - 10/26/17 50.00 Check 64048 Total: 100.00 64049 216 HENNEPIN COUNTY -REC 10/13/2017 3es -17- 075 -2017 46.00 3es -17 -081 -2017 66.00 3es -17- 085 -2017 46.00 Check 64049 Total: 158.00 64050 453 METROPOLITAN COUNCB 10/13/2017 mber- 2017 -SAC 4,920.30 Check 64050 Total: 4,920.30 64051 108 REPUBLIC SERVICES No.8' 10/13/2017 0894 - 004459180 9,854.80 Check 64051 Total: 9,854.80 64052 421 VERIZON WIRELESS 10/13/2017 9793737585 48.70 9793737585 48.70 9793737585 48.70 Check 64052 Total: 146.10 Report Total: 15,248.85 AP- Computer Check Register (10/13/2017 - 2:32 PM) Page 1 Accounts Payable Computer Check Proof List by Vendor User: mnguyen Printed: 10/19/2017 - 10:55AM Batch: 00003.10.2017 - CC- 10 - -23 -2017 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 4 AFSCME CO 5 MEMBER HEALTH FUND Check Sequence: 1 ACH Enabled: True October -2017 PR Batch 00002.10.2017 Dental - Union 357.00 10/16/2017 700 -00- 2185 -0000 PR Batch 00002.10.2017 Dental - Union Check Total: 357.00 Vendor: 107 ALLIED BLACKTOP COMPANY Check Sequence: 2 ACH Enabled: False 1073 Crackfill & Sealcoat - Excelsior Fire District 2,791.00 10/23/2017 404 -00- 4620 -0006 1073 Crackfill & Sealcoat- SLMPD 1,975.00 10/23/2017 404 -00- 4620 -0006 Check Total: 4,766.00 Vendor: 122 BLANCHARD CATERING, INC. Check Sequence: 3 ACH Enabled: True 2017- Oktoberfes 2017 - Oktoberfest Meals 642.50 10/23/2017 101 -53- 4438 -0000 Check Total: 642.50 Vendor: 137 CENTURY LINK Check Sequence: 4 ACH Enabled: False 612E45175 -OC17 612 -E45- 1785 -Bldr Brdg 294.00 10/23/2017 601 -00- 4396 -0000 612E458019 -OC17 612 -E45- 8019 -SE Areas 220.50 10/23/2017 601 -00- 4398 -0000 Check Total: 514.50 Vendor: 142 CITIES DIGITAL INC. Check Sequence: 5 ACH Enabled: False 41223 Annual Laserfiche Maint. 4,670.00 10/23/2017 101 -19- 4221 -0000 Check Total: 4,670.00 Vendor: 144 CITY OF EXCELSIOR Check Sequence: 6 ACH Enabled: False 4th Qtr- 2017 -SW Quarterly Sewer Usage - 4th Qtr -2017 12,327.27 10/23/2017 611 -00- 4386 -0000 Check Total: 12,327.27 Vendor: 149 CITY OF TONKA BAY Check Sequence: 7 ACH Enabled: False 3rd Qtr -2017 Quarterly Water Service 976.16 10/23/2017 601 -00- 4260 -0000 AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 3rd Qtr -2017 Quarterly Sewer Service 397.50 10/23/2017 611 -00- 4400 -0000 P.W. 1,532.49 Check Total: 1,373.66 September -2017 C.H. 144.94 Vendor: 150 CLASSIC CLEANING COMPANY September -2017 SSCC Check Sequence: 8 ACH Enabled: False 25754 City Hall Monthly Svc 525.00 10/23/2017 101 -19- 4400 -0000 25755 Public Works Monthly Svc 295.00 10/23/2017 101 -32- 4400 -0000 PV #1 -P- 02925 -18 P.V. #1 - Project #02925-18 - Public Works Ravii Check Total: 820.00 631 -00- 4303 -0000 Vendor: 3 DELTA DENTAL OF MINNESOTA Check Sequence: 9 ACH Enabled: True Oct - 2017 -COBRA October - COBRA- Jean Panchysynh 44.55 10/16/2017 700 -00- 2184 -0000 PR Batch 00002.10.2017 Dental - Non Uni Oct - 2017 -COBRA October - COBRA- Brad Nielsen 44.55 10/16/2017 700 -00- 2184 -0000 PR Batch 00002.10.2017 Dental - Non Uni October -2017 PR Batch 00002.10.2017 Dental - Non Union 502.20 10/16/2017 700 -00- 2184 -0000 PR Batch 00002.10.2017 Dental - Non Uni Check Total: 591.30 Vendor: 731 DONNAY HOMES, INC. Check Sequence: 10 ACH Enabled: False 23080Summit Escrow Refund - 23080 Summit Ave 6,300.00 10/23/2017 880 -00- 2200 -0000 Check Total: 6,300.00 Vendor: 5 EFTPS - FEDERAL W/H Check Sequence: 11 ACH Enabled: True PR -10 -16 -2017 PR Batch 00002.10.2017 Federal Income Tax 4,884.16 10/16/2017 700 -00- 2172 -0000 PR Batch 00002.10.2017 Federal Income I PR -10 -16 -2017 PR Batch 00002.10.2017 FICA Employee Portio 3,126.14 10/16/2017 700 -00- 2174 -0000 PR Batch 00002.10.2017 FICA Employee _ PR -10 -16 -2017 PR Batch 00002.10.2017 FICA Employer Portioi 3,126.14 10/16/2017 700 -00- 2174 -0000 PR Batch 00002.10.2017 FICA Employer ] PR -10 -16 -2017 PR Batch 00002.10.2017 Medicare Employee Pc 731.09 10/16/2017 700 -00- 2174 -0000 PR Batch 00002.10.2017 Medicare Emplo,. PR -10 -16 -2017 PR Batch 00002.10.2017 Medicare Employer Po 731.09 10/16/2017 700 -00- 2174 -0000 PR Batch 00002.10.2017 Medicare Emplo,. Check Total: 12, 598.62 Vendor: 219 ELLY PIEPER Check Sequence: 12 ACH Enabled: False 09 -25 -2017 SSC- Tablecloths 133.00 10/23/2017 201 -00- 4400 -0000 AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 2 Check Total: 133.00 Vendor: 192 G & K SERVICES Check Sequence: 13 ACH Enabled: False September -2017 P.W. 1,532.49 10/23/2017 101 -32- 4400 -0000 September -2017 C.H. 144.94 10/23/2017 101 -19- 4400 -0000 September -2017 SSCC 53.38 10/23/2017 201 -00- 4400 -0000 Check Total: 1,730.81 Vendor: 198 G.F. JEDLICKI, INC. Check Sequence: 14 ACH Enabled: False PV #1 -P- 02925 -18 P.V. #1 - Project #02925-18 - Public Works Ravii 108,127.48 10/23/2017 631 -00- 4303 -0000 AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 108,127.48 Vendor: 211 HAWKINS, INC. Check Sequence: 15 ACH Enabled: True 4160637 -RI Chlorine 250.00 10/23/2017 601 -00- 4245 -0000 Check Total: 250.00 Vendor: 6 HEALTH PARTNERS -GROUP Check Sequence: 16 ACH Enabled: False Oct - 2017 -COBRA Oct - COBRA - Bruce DeJong 1,595.75 10/02/2017 700 -00- 2171 -0000 PR Batch 00001. 10.2017 Health Insurance Oct - 2017 -COBRA Oct - COBRA - Jean Panchysynh 569.54 10/02/2017 700 -00- 2171 -0000 PR Batch 00001.10.2017 Health Insurance October -2017 PR Batch 00002.10.2017 Health Ins - CoPay 2,201.64 10/16/2017 700 -00- 2171 -0000 PR Batch 00002.10.2017 Health Ins - Cop; October -2017 PR Batch 00002.10.2017 Health Insurance -HSA 4,630.42 10/16/2017 700 -00- 2171 -0000 PR Batch 00002.10.2017 Health Insurance October -2017 PR Batch 00001.10.2017 Health Ins - CoPay 2,201.64 10/02/2017 700 -00- 2171 -0000 PR Batch 00001.10.2017 Health Ins - Cop; October -2017 PR Batch 00001.10.2017 Health Insurance -HSA 4,630.42 10/02/2017 700 -00- 2171 -0000 PR Batch 00001.10.2017 Health Insurance Check Total: 15, 829.41 Vendor: 215 HENNEPIN COUNTY INFORMATION TECH] Check Sequence: 17 ACH Enabled: True 1000098956 Monthly Radio MESB 114.36 10/23/2017 101 -32- 4321 -0000 Check Total: 114.36 Vendor: 2 ICMA RETIREMENT TRUST - 302131 -457 Check Sequence: 18 ACH Enabled: False PR -10 -16 -2017 PR Batch 00002.10.2017 Deferred Comp Flat Ai 1,550.00 10/16/2017 700 -00- 2176 -0000 PR Batch 00002.10.2017 Deferred Comp I PR -10 -16 -2017 PR Batch 00002.10.2017 Deferred Comp Percen 149.52 10/16/2017 700 -00- 2176 -0000 PR Batch 00002.10.2017 Deferred Comp I Check Total: 1,699.52 Vendor: 686 KANSAS CITY LIFE INSURANCE COMPAN' Check Sequence: 19 ACH Enabled: True October -2017 PR Batch 00002.10.2017 Long Term Disability 507.32 10/16/2017 700 -00- 2181 -0000 PR Batch 00002.10.2017 Long Term Disat October -2017 PR Batch 00002.10.2017 Short Term Disability 591.30 10/16/2017 700 -00- 2181 -0000 PR Batch 00002.10.2017 Short Term Disat Check Total: 1,098.62 Vendor: 13 LEAGUE OF MINNESOTA CITIES INSURAT Check Sequence: 20 ACH Enabled: False 2977 Sewer Backup Damaged Deductible - CMC3965� 2,500.00 10/23/2017 611 -00- 4360 -0000 Check Total: 2,500.00 Vendor: 531 LEAGUE OF MINNESOTA CITIES Check Sequence: 21 ACH Enabled: False 264645 Regional Meeting - Kris Sundberg 45.00 10/23/2017 101 -11- 4331 -0000 Check Total: 45.00 AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 279 METROPOLITAN COUNCIL (WASTEWATE Check Sequence: 22 ACH Enabled: True 1072874 Monthly Waste Water Svc 57,558.27 10/23/2017 611 -00- 4385 -0000 Check Total: 57,558.27 Vendor: 11 MINNESOTA DEPARTMENT OF REVENUE Check Sequence: 23 ACH Enabled: True PR -10 -16 -2017 PR Batch 00002.10.2017 State Income Tax 2,097.60 10/16/2017 700 -00- 2173 -0000 PR Batch 00002.10.2017 State Income Tax Check Total: 2,097.60 Vendor: 298 MINNESOTA DEPARTMENT OF LABOR & I1 Check Sequence: 24 ACH Enabled: True DLIMN1000340289 Quarterly Building Surcharge Permits 1,345.83 10/23/2017 101 -00- 2085 -0000 Check Total: 1,345.83 Vendor: 869 MINNESOTA UNEMPLOYMENT INSURANC Check Sequence: 25 ACH Enabled: False DocID- 11524641 3rd Qtr - Unemployment - Bruce DeJong 5,342.44 10/23/2017 101 -15- 4141 -0000 Check Total: 5,342.44 Vendor: 305 MNSPECT, LLC Check Sequence: 26 ACH Enabled: True 7158 Inspection Services 1,575.00 10/23/2017 101 -24- 4400 -0000 Check Total: 1,575.00 Vendor: 672 NORTHWEST ASSOCIATED CONSULTANTS Check Sequence: 27 ACH Enabled: False 23210 2040 Comprehensive Plan - Tech 4,989.94 10/23/2017 101 -18- 4400 -0000 Check Total: 4,989.94 Vendor: 325 ON SITE SANITATION -TWIN CITIES Check Sequence: 28 ACH Enabled: True 497285 Badger Pk -5745 Country Club Rd 56.98 10/23/2017 101 -52- 4410 -0000 497286 Cathcart Park -26655 W- 62nd ST 56.98 10/23/2017 101 -52- 4410 -0000 497287 Freeman Park -6000 Eureka Rd 170.93 10/23/2017 101 -52- 4410 -0000 497288 Silverwood Pk -5755 Covington R 56.98 10/23/2017 101 -52- 4410 -0000 497289 SS Skate -5355 St Albans Bay Rd 56.98 10/23/2017 101 -52- 4410 -0000 497290 Christmas Lk Rd -5625 Merry Ln 236.50 10/23/2017 101 -52- 4410 -0000 Check Total: 635.35 Vendor: 665 OPTUM BANK Check Sequence: 29 ACH Enabled: True PR -10 -16 -2017 PR Batch 00002.10.2017 HSA - OPTUM BANK 735.77 10/16/2017 700 -00- 2183 -0000 PR Batch 00002.10.2017 HSA - OPTUM B. Check Total: 735.77 AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 245 PAM KOLTES ZUMBA INSTRUCTOR Check Sequence: 30 ACH Enabled: True Zumba- 10/25/17 Zumba Sessions 9/13/17 - 10/25/17 257.25 10/23/2017 201 -00- 4248 -0000 Check Total: 257.25 Vendor: 9 PERA Check Sequence: 31 ACH Enabled: True PR -10 -16 -2017 PR Batch 00002.10.2017 MN -PERA Deduction 3,294.19 10/16/2017 700 -00- 2175 -0000 PR Batch 00002.10.2017 MN -PERA Dedu PR -10 -16 -2017 PR Batch 00002.10.2017 MN PERA Benefit Em 3,800.98 10/16/2017 700 -00- 2175 -0000 PR Batch 00002.10.2017 MN PERA Benel Check Total: 7,095.17 Vendor: 240 KENNETH POTTS, PA Check Sequence: 32 ACH Enabled: True Kreslins- 202GMC Forfeiture - Kreslins - 2002 GMC Envoy 60.00 10/23/2017 101 -16- 4304 -0000 Check Total: 60.00 Vendor: 685 BRENDA PRICCO Check Sequence: 33 ACH Enabled: True October -2017 Wellsness Expense 40.00 10/23/2017 101 -13- 4101 -0000 Check Total: 40.00 Vendor: 864 QUALITY FLOW SYSTEMS, INC. Check Sequence: 34 ACH Enabled: False 34246 Replacement Pump (chi, Lift Station 3,980.00 10/23/2017 611 -00- 4400 -0000 Check Total: 3,980.00 Vendor: 346 SAFETY SIGNS Check Sequence: 35 ACH Enabled: False 17002644 Watermain Break - Traffic Control 551.90 10/23/2017 601 -00- 4400 -0000 Check Total: 551.90 Vendor: 355 SHRED -N -GO INC Check Sequence: 36 ACH Enabled: False 71636 Community Shred Svcs 800.00 10/23/2017 101 -13- 4400 -0000 Check Total: 800.00 Vendor: 870 SLV DESIGNS, LLC. Check Sequence: 37 ACH Enabled: False 81707 Roofing Design Consultation 810.00 10/23/2017 201 -00- 4302 -0000 Check Total: 810.00 Vendor: 360 SOUTH LAKE MINNETONKA POLICE DEPA Check Sequence: 38 ACH Enabled: False November - 2017 -013 Monthly- Operating Budget Exp 98,125.00 10/23/2017 101 -21- 4400 -0000 AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 6 Check Total: 98,125.00 Vendor: 657 SUMMIT COMPANIES Check Sequence: 39 ACH Enabled: False 1216909 Annual Fire Extinguisher Inspection 10.00 10/23/2017 101 -19- 4400 -0000 1217128 Rubber Strap 35.00 10/23/2017 101 -32- 4245 -0000 Check Total: 45.00 Vendor: 376 THE MULCH STORE Check Sequence: 40 ACH Enabled: False 22554 Brush Disposal Service 325.00 10/23/2017 101 -32- 4400 -0000 Check Total: 325.00 Vendor: 392 VALLEY -RICH CO. INC. Check Sequence: 41 ACH Enabled: False 24701 Watermain Break - Smithtown Rd & Wood Duck 3,467.56 10/23/2017 601 -00- 4400 -0000 Check Total: 3,467.56 Vendor: 415 WARNER CONNECT Check Sequence: 42 ACH Enabled: True 29934729 Monthly Network Maint Services 2,698.60 10/23/2017 101 -19- 4321 -0000 Check Total: 2,698.60 Vendor: 402 WATER CONSERVATION SERVICE Check Sequence: 43 ACH Enabled: False 7892 Watermain Parts 437.10 10/23/2017 601 -00- 4221 -0000 Check Total: 437.10 Vendor: 410 WSB AND ASSOCIATES INC Check Sequence: 44 ACH Enabled: True 0- 001608 - 080 -19 Freeman Park Drainage Analysis 80.00 10/23/2017 631 -00- 4303 -0000 0- 002925 -052 -8 Gen Eng Svc 4,000.00 10/23/2017 101 -31- 4400 -0000 0- 002925 -110 -4 DataLink Hosting 900.00 10/23/2017 601 -00- 4303 -0000 0- 002925 -110 -4 DataLink Hosting 900.00 10/23/2017 611 -00- 4303 -0000 0- 002925 - 120 -22 Minnetonka Country Club 8,063.00 10/23/2017 450 -00- 4302 -0016 0- 002925 -130 -8 WaterCAD Model 303.50 10/23/2017 601 -00- 4303 -0000 0- 002925 - 150 -16 Oppidan Senior Living Dvlmt 80.00 10/23/2017 450 -00- 4400 -0019 0- 002925 - 160 -16 Water Main- TIF- Oppidan 17,059.75 10/23/2017 470 -00- 4303 -0000 0- 002925 - 180 -12 Public Work Ravine Restoration 2,715.50 10/23/2017 631 -00- 4303 -0000 0- 002925 - 200 -10 Water Supply Plan 388.50 10/23/2017 601 -00- 4303 -0000 0- 002925 -220 -2 SWAMP Web App 1,400.00 10/23/2017 631 -00- 4303 -0000 0- 002925 -240 -7 Riviera Land & Shorewood Ln St 248.00 10/23/2017 404 -00- 4680 -0020 0- 002925 -260 -8 Pavement Marking 124.00 10/23/2017 404 -00- 4620 -0007 0- 002925 -270 -8 Roadway CIP Budget Wkst 2,166.50 10/23/2017 101 -32- 4303 -0000 AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 0- 002925 -290 -7 Sealcoat Project 5,355.25 10/23/2017 404 -00- 4620 -0006 0- 002925 -300 -6 Badger Park Phase 2 7,703.75 10/23/2017 402 -00- 4680 -0000 0- 002925 -340 -5 Roadway CIP Budget Wkst 160.00 10/23/2017 101 -32- 4303 -0000 0- 002925 -350 -5 Starbuck -TH 7 Vine Hill Rd 2,360.00 10/23/2017 101 -00- 3414 -0000 0- 002925 -360 -3 2040 Comp Plan Eng. Support 392.50 10/23/2017 101 -18- 4400 -0000 0- 002925 -370 -5 Minnetonka Cntry Club 2nd Addn 4,934.75 10/23/2017 450 -00- 4302 -0016 0- 002925 -390 -5 Freeman Park Parking Paving 821.00 10/23/2017 402 -00- 4620 -0000 0- 002925 -400 -4 Street Reclamation Improvement 17,584.00 10/23/2017 404 -00- 4680 -0027 R-010596-000-1 Enchanted Lane Right Of Way 137.00 10/23/2017 101 -31- 4303 -0000 R-010674-000-1 Annual Bridge Safety Inspections 4,034.00 10/23/2017 404 -00- 4680 -0000 Check Total: 81,911.00 Vendor: 413 ZEE MEDICAL SERVICE Check Sequence: 45 54096356 First Aid Supplies 112.60 10/23/2017 101 -32- 4245 -0000 Check Total: 112.60 Total for Check Run: Total of Number of Checks: Y.J 1.YO.J.YJ YJ ACH Enabled: True AP- Computer Check Proof List by Vendor (10/19/2017 - 10:55 AM) Page 7 ® 2D MEETING TYPE City of Shorewood nl Meeting Item Regular Meeting Title / Subject: Accept Professional Services Agreement with WSB & Associates for the 2017 Inflow & Infiltration Abatement Project, City Project 17 -16 Meeting Date: October 23, 2017 Prepared by: Larry Brown, Director of Public Works Reviewed by: Attachments: Professional Services Proposal — WSB Policy Consideration: Should the City approve a professional services proposal for a sanitary sewer inflow and infiltration (I &I) project for portions of Edgewood Road, Birch Bluff Road and Grant Lorenz Road? Background: The city budgets annually $70,000 for I &I abatement. Therefore, staff has solicited a design and construction proposal for professional services for segments of the sanitary sewer system for I and I reduction. Staff has also applied for, and was successful at obtaining a grant from the Metropolitan Council of Environmental Services (MCES), to help offset a portion of the construction costs in 2017 for this program. The professional services proposal from WSB includes the following tasks: • Design • Construction Services WSB proposes these professional services on a cost reimbursable basis estimated to be $13,548. The proposal for professional services has been included to this report as Attachment 1. Finances: As mentioned above, $70,000 has been budgeted for annually, as part of the Sanitary Sewer Fund Capital Improvement Program (CIP). Recommendation / Action Requested: Staff recommends acceptance of the Professional Services Agreement with WSB & Associates for the proposed 2017 Inflow and Infiltration Abatement Project, City Project 17 -15. Next Steps and Timelines: If approved, WSB will prepare the plans and specifications, advertise for bids, and provide construction services support. Construction is anticipated to begin in December, 2017 and completed in January, 2018. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 ■r ,ter 701 Xenia Avenue South I Suite 300 1 Minneapolis, MN 55416 1 (763) 541 -4800 October 16, 2017 Mr. Larry Brown, Public Works Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Proposal for Engineering Services 2017 Sanitary Sewer Lining Project Dear Mr. Brown: Attached for your review and approval is our proposed scope of services, schedule, and fee to provide professional engineering services for the design and construction of the 2017 Sanitary Sewer Lining project. The City recently received approval to participate in the Metropolitan Council's 2017 1 &1 grant program which provides grant funding to communities for capital improvements to public infrastructure that mitigate inflow and infiltration into the municipal wastewater collection system. The Metropolitan Council has indicated that the sanitary sewer improvements associated with the City of Shorewood's sanitary sewer work plan qualify as 50% eligible under the program. Consequently, this would result in a reimbursement of 25% of the total project's construction cost to the City. We are excited to work with you on reducing the inflow and infiltration into the City's wastewater collection system. If you are in agreement with this proposal, please sign where indicated and return one copy to me. Please do not hesitate to contact me at 763 - 287 -8537 with any questions. Sincerely, WSB & Associates, Inc. Nick Preisler, PE Project Engineer Attachments cc: Alyson Fauske, WSB & Associates, Inc. ACCEPTED BY: City of Shorewood, MN Name Title Date Building a legacy —your legacy. Equal Opportunity Employer I wsbeng.com ATTACHMENT 1 C:\ Users \lbrown\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \RAZ7G66X \LTR PROP_Shorewood 2017 Sewer Lining.docx Scope of Engineering Services October 16, 2017 Page 1 SCOPE OF ENGINEERING SERVICES FOR 2017 SANITARY SEWER LINING PROJECT CITY OF SHOREWOOD, MN Task 1 — Design ($4,029) WSB will prepare construction documents (plans and specifications) for use in soliciting bids and construction of the proposed project improvements. 1 .1 The plans and specifications are to be prepared in the general format used by the City of Shorewood and are anticipated to include the following: Plans: Title Sheet General Layout Statement of Estimated Quantities Proposed Utility Improvements Specifications: Bidder Requirements Contract for Construction Insurance Requirements Performance and Payment Bonds Special Provisions As -built Information Plans will be transmitted to the City for review at approximately 90% completion stage of production for staff comments. 1 .2 Preparation of contract pay items, estimation of bid quantities, and preparation of an Engineer's opinion of probable construction cost for review by the City. 1 .3 Coordinate the solicitation and advertisement for bids including addressing questions from contractors, preparation of any necessary addendums, evaluation and tabulation of bids, preparation of bid results letter for consideration of award of the contract, and presentation of the bid results to the City Council. Following a successful award of contract, WSB will prepare a notice of award. Task 2 — Construction Services ($9,519) WSB will provide construction services support for the construction phase of this project. Construction services generally consists of providing a construction field representative on the project site through the progression of construction, construction engineering, construction contract administration, preparation of payment requests, documentation and reporting of the construction process, progress meetings, preparation of record plans, and executing project close -out materials. The fee for this task is highly dependent upon the construction timelines and the level of on -site representation necessary for the completion of the work. For the purpose of this proposal, we have based a budgetary estimate of construction to span three weeks of duration with part -time on -site construction representation. C:\ Users \lbrown\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \RAZ7G66X \LTR PROP_Shorewood 2017 Sewer Lining.docx Scope of Engineering Services October 16, 2017 Page 3 We are available to start the design immediately upon your approval. WSB proposes the following work schedule: Council Approves Plans and Specifications Award Contract ............ ............................... Begin Construction ....... ............................... Complete Construction . ............................... A summary of fees by phase is as follows: 1. Task 1 - Design .......................... 2. Phase 2 - Construction Services TOTAL PROPOSED FEE November 13, 2017 December 11, 2017 ..... December 2017 ......... January 2018 4,029 9,519 13,548 We propose to conduct the work on an hourly basis with a not -to- exceed fee of $13,548 for design and construction services of the 2017 Sanitary Sewer Lining project. We will review our progress monthly and will not exceed the amounts indicated without your prior approval should the scope of the project change or the construction schedule be extended beyond three weeks. If work outside of the above - described scope is determined necessary, WSB will proceed only after City approval. WSB would work with the City to define the scope of any additional work for City approval. This additional work would be billed on an hourly basis in accordance with WSB's 2017 Fee Schedule. C:\ Users \lbrown\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \RAZ7G66X \LTR PROP_Shorewood 2017 Sewer Lining.docx Cost Estimate for Design and Construction 2017 Sanitary Sewer Lining Project WSB CITY OF City of Shorewood, Minnesota Amommoom S! OR1>iSOOD 1 FINAL DESIGN Labor Category and Estimated Hours per Task 1 4 1 56 1 14 Engineering Engineering Graduate Engineer Hourly Billing Rate $ 152.00 Task Description Sr Project Manager Project Engineer I Specialist VI Specialist V III Admin Total Hours Total Labor Fee Engineer's opinion of probable cost 1 Alyson F. Nick P. Tim C. Matt H. Ben P. Susan B. $ 669 1 FINAL DESIGN 1 22 1 4 1 56 1 14 1 8 1 114 Hourly Billing Rate $ 152.00 Plans and specifications 2 4 4 2 12 22 $ 2,420 $ 2,398.00 Engineer's opinion of probable cost 1 3 $ 704.00 50 2 6 $ 669 Preparation of ad for bid 2 1 1 2 $ 197 Respond to questions from potential contactors 2 1 4 4 1 $ 109 t with opening bids and issuing notice to proceed 1 I I I I 3 4 $ 416 tTota council meeting (1) 1 11 2 1 56 1 0 1 4 1 77 2 $ 218 Task stimated Hours and F ee 4 11 4 0 14 4 37 $ 4,029 2 CONSTRUCTION SERVICES 1 22 1 4 1 56 1 14 1 8 1 114 Hourly Billing Rate $ 152.00 Meetings (1) 2 2 $ 95.00 2 6 $ 774 $ 2,398.00 Construction Observation $ 7,056.00 $ 1,330.00 $ 704.00 50 50 $ 6,300 Project Management 2 6 8 $ 958 Pay Vouchers (3) 2 3 4 4 13 $ 1,487 Project close -out materials I I I I I 1 0 $ 11Task 2 - Total Estimated Hours and Fee 6 1 11 1 0 1 56 1 0 1 4 1 77 $ 9,519 Total Estimated Hours 1 10 1 22 1 4 1 56 1 14 1 8 1 114 Hourly Billing Rate $ 152.00 $ 109.00 $ 135.00 $ 126.00 $ 95.00 $ 88.00 Total Fee by Labor Classification $ 1,520.00 $ 2,398.00 $ 540.00 $ 7,056.00 $ 1,330.00 $ 704.00 Total Proposed Fee $ 13,548 C:\ Users \lbrown\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook\RAZ7G66X \Estimated Design Fees 2017 Sewer Lining ® #2E MEETING TYPE City of Shorewood nl Meeting Item Regular Meeting Title / Subject: 2017 Pavement Reclamation Project (Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue), City Project 17 -13 Meeting Date: October 23, 2017 Prepared by: Paul Hornby, Project Manager Reviewed by: Alyson Fauske, City Engineer Attachments: Resolution Approving Change Order No. 1., Change Order No. 1, Background: The City Council awarded the construction contract for the 2017 Pavement Reclamation Project (Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue), City Project 17 -13, on September 11, 2017. Prior to the start of construction, staff awaited permit approval from the Minnehaha Creek Watershed District regarding the permit for the work proposed along Eureka Road. Following approval, the preconstruction meeting was held October 3, 2017 to discuss the anticipated schedule for the project. During the preconstruction meeting, a preliminary schedule was presented to Staff. The proposed schedule identified a final completion date of November 17, 2017, weather permitting. The later than specified completion date was attributed to delays associated with the watershed permit approval, utility relocation and reclamation subcontractor scheduling. Staff further discussed concerns with the schedule and completing paving operations along all roadways prior to snowfall. The Contractor has agreed to honor prices as bid to extend the completion date to May 31, 2018. The extended completion date will allow work to be completed along Eureka Road and the intersection improvements at Yellowstone Trail and Country Club Road, Yellowstone Trail and Lake Linden Drive and CSAH 19 the fall of 2017 with the remaining work along Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue to be completed in the spring of 2018. Change Order No. 1 extends the contract completion date to May 31, 2018. C. S. McCrossan Contracting Inc. has signed the change order identifying the contract completion date extension. The change order has been reviewed by staff with regard to the work scope and recommends approval. Financial or Budget Considerations: The project construction contract as bid was awarded by the Council in the amount of $510,924.60. Change Order No. 1 extending the contract completion date will not result in an increase in the contract construction costs. Recommendation: Staff recommends the City Council approve the attached resolution "Approving Change Order No. 1 for the 2017 Pavement Reclamation Project (Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue), City Project 17 -13" 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 APPROVING CHANGE ORDER NO 1 FOR THE 2017 PAVEMENT RECLAMATION PROJECT (HOWARDS POINT ROAD, KATHLEEN COURT, OAK RIDGE CIRCLE, AND SUMMIT AVENUE) CITY PROJECT 17 -13 WHEREAS, the City of Shorewood City of Shorewood Council awarded the contract for the 2017 Pavement Reclamation Project (Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue), City Project 17 -13, on September 11, 2017; and WHEREAS, Change Order No. 1 is necessary to construct the improvements and associated work to accommodate construction delays due to weather, permitting, utility relocation, and reclamation subcontractor scheduling; and WHEREAS, Change Order No. 1 will extend the project completion date to May 31, 2018, from the original contract completion date of November 10, 2017. Change Order No. 1 does not increase the contract amount. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: Change Order No. 1 is approved, extending the contract completion date to May 31, 2018. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of October, 2017. ATTEST: Sandie Thone, City Clerk Scott Zerby, Mayor CHANGE ORDER NO. 1 2017 STREET RECLAMATION IMPROVEMENT PROJECT October 18, 2017 CITY OF SHOREWOOD, MN WSB PROJECT NO. 2925 -40 OWNER: CONTRACTOR: CITY OF SHOREWOOD C. S. MCCROSSAN CONSTRUCTION INC. 5755 COUNTRY CLUB ROAD 7865 JEFFERSON HIGHWAY, BOX 1240 SHOREWOOD, MN 55331 MAPLE GROVE, MN 55311 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: EXTEND CONTRACT COMPLETION DATE TO MAY 31, 2018 TO ACCOMMODATE WEATHER, UTILITY AND PERMITTING DELAYS. IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY, SHAPE, OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ORIGINAL CONTRACT PRICE: $510,924.60 ORIGINAL CONTRACT TIME: 11/10/2017 PREVIOUS CHANGE ORDERS: $0.00 NET CHANGE FROM PREVIOUS CHANGE ORDERS: NONE CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: $510,924.60 CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 11/10/2017 NET INCREASE OF THIS CHANGE ORDER: $0.00 NET INCREASE WITH CHANGE ORDER: 202 CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $510,924.60 CONTRACT TIME WITH APPROVED CHANGE ORDERS: 5/31/2018 APPROVED BY: APPROVED BY: PAUL HORNBY, PE, PROJECT MANAGER CONTRACTOR SIGNATURE WSB & ASSOCIATES, INC. C. S. MCCROSSAN CONSTRUCTION INC. ENGINEER CONTRACTOR APPROVED BY: CITY ENGINEER CITY ADMINISTRATOR DATE DATE K:102 92 5 -4 00L4 dminlConstruction AdminlChange OrderslChange Order No. 11Change Order No. 1 CO -1 CHANGE ORDER NO. 1 DETAIL 2017 STREET RECLAMATION IMPROVEMENT PROJECT CITY OF SHOREWOOD, MN WSB PROJECT NO. 2925 -40 ADDED ITEMS October 18, 2017 Item No. Mat. No. Description Unit Qty Price Extended Amount TOTAL ADDED ITEMS CHANGE ORDER NO. 1 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT K:102925- 4001AdminlConstructlon AdminlChange OrderslChange Order No. IlChange Order No. 1COI Detail ® #2F MEETING TYPE City of Shorewood nl Meeting Item Regular Meeting Title / Subject: Change Order 1 for Badger Park, Phase 2 Improvements, City Project 17 -09 Meeting Date: October 23, 2017 Prepared by: Alyson Fauske, PE (MN), City Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Resolution, Change Order 1 Policy Consideration: Should the City Council approve Change Order 1 for the Badger Park, Phase 2 Improvements? Background: At the August 28, 2017 city council meeting, the construction contract for Badger Park, Phase 2 improvements was awarded, which included removal or abandonment of a four- inch diameter watermain. Subsequent to award, it was determined that a water service existed from within the proposed abandonment area. This forced a change in the means and location of the proposed watermain work. In addition, discussions with business representatives served by connected watermains that had to be shut down to perform the work, resulted in the repairs having to occur at night to minimize impacts. This work was also performed in conjunction with another watermain break. Due to the preparations for night work, overtime costs, and a change in the means of abandonment, there was a resultant change to the contract for the project. Financial Considerations: The amount of the additional work is $4,667.85. Since all of the watermain work for the project is to be funded from the Municipal Water Fund, the change will be funded accordingly. Options: 1. Approve the resolution that adopts Change Order 1, as presented. 2. Reject the Change Order and provide staff with alternative direction. Recommendation: Staff is recommends approval of the resolution that adopts Change Order 1 for the Badger Park Phase 2 Improvements. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 17 - A RESOLUTION APPROVING CHANGE ORDER NO 1 FOR THE BADGER PARK PHASE 2 IMPROVEMENT PROJECT, CITY PROJECT 17 -09 WHEREAS, the City of Shorewood City of Shorewood Council awarded the contract for the Badger Park Phase 2 Improvement Project, City Project 17 -09, on August 28, 2017, in the amount of $623,778.00; and WHEREAS, Change Order No. 1 is necessary due to a change in scope of utility abandonment procedures, in addition to construction of the improvements and associated work under nighttime conditions, to minimize impacts to local businesses; and WHEREAS, the contractor has submitted documentation for additional costs incurred to perform said work in the amount of $4,667.85; and WHEREAS, the City Engineer has reviewed the additional costs submitted for said construction and has found them to be in order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: Change Order No. 1 for an amount of $4,667.85 is approved, increasing the total contract amount to $628,445.85. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of October, 2017. ATTEST: Sandie Thone, City Clerk Scott Zerby, Mayor Pay Voucher Contractor: Valley Paving - Shakopee 8800 13th Ave. East Shakopee, MN 55379 Contract Amounts Original Contract Contract Changes Revised Contract Work Certified To Date CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331-8926 Project 02925-30 - SHOR - Badger Park Phase 2 Pay Voucher No. I Contract No. Vendor No. For Period: 8/28/2017 - 10/13/2017 Warrant # Date Funds Encumbered $623,778.00 Original $4,667.85 Additional $628,445.85 Total Base Bid Items $60,336.25 Backsheet $0.00 Change Order $4,667.85 Supplemental Agreement $0.00 Work Order $0.00 Material On Hand $0.00 Total $65,004.10 Page I of 7 $623,778.00 N/A $623,778.00 This is to certify that the items of work shown in this certificate of Pay Voucher have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By Approved By Va e Sha ko pe 2v aw hv� U Project ltriginieer Con factor October 17, 2017 Date Date Approved By City of Shorewood Date ATTACHMENT 1 Work Certified This Pay Voucher Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Pay Voucher Total Amount Paid To Date 02925-30 $65,004.10 $65,004.10 $3,250.21 $0.00 $61,753.89 1 $61,753.89 Percent Retained: 5% Percent Complete: 10.3436% Amount Paid This Pay Voucher $61,753.89 This is to certify that the items of work shown in this certificate of Pay Voucher have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By Approved By Va e Sha ko pe 2v aw hv� U Project ltriginieer Con factor October 17, 2017 Date Date Approved By City of Shorewood Date ATTACHMENT 1 Pay Voucher 02925 -30 Payment Summa Page 2 of 7 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 -8926 Project No. 02925 -30 Pay Voucher No. 1 No. From Date To Date Work Certified Amount Retained Amount Paid Per Pay Voucher Per Pay Voucher Per Pay Voucher 1 08/28/2017 10/13/2017 $65,004.10 $3,250.21 $61,753.89 Totals: Totals: $65,004.10 $3,250.21 $61,753.89 02925 -30 Funding Category Report Funding Work Less Less Amount Paid Total Category Certified Amount Previous This Amount Paid No. To Date Retained Payments Pay Voucher To Date UNF 65,004.10 3,250.21 0.00 61,753.89 61,753.89 Totals: $65,004.10 $3,250.21 $0.00 $61,753.89 $61,753.89 02925 -30 Funding Source Report Accounting Funding Amount Paid Revised Funds Paid To No. Source This Contract Encumbered Contractor Pay Voucher Amount To Date To Date UNF Unfunded 61,753.89 628,445.85 623,778.00 61,753.89 Totals: $61,753.89 $628,445.85 $623,778.00 $61,753.89 Pay Voucher Page 3 of 7 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 -8926 Project No. 02925 -30 Pay Voucher No. 1 02925 -30 Project Material Status Quantity Amount Line Item Description Units Unit Price Contract This This Quantity Amount Quantity Pay Pay To Date To Date Voucher Voucher SCHEDULE A. SURFACE IMPROVEMENTS 1 2021.501 MOBILIZATION LS $25,000.00 1 0.5 $12,500.00 0.5 $12,500.00 2 2101.501 CLEARING ACRE $12,875.00 0.2 0.2 $2,575.00 0.2 $2,575.00 3 2101.506 GRUBBING ACRE $12,875.00 0.2 0.2 $2,575.00 0.2 $2,575.00 4 2101.502 CLEARING TREE $130.00 19 26 $3,380.00 26 $3,380.00 5 2101.507 GRUBBING TREE $105.00 19 23 $2,415.00 23 $2,415.00 6 2103.501 BUILDING LS $11,500.00 1 0.25 $2,875.00 0.25 $2,875.00 REMOVAL 7 2103.505 DISCONNECT EACH $1,400.00 1 0 $0.00 0 $0.00 SEWER SERVICE 8 2103.507 DISCONNECT EACH $1,400.00 1 0 $0.00 0 $0.00 WATER SERVICE 9 2104.501 REMOVE CURB & L F $5.70 1715 1850 $10,545.00 1850 $10,545.00 GUTTER 10 2104.503 REMOVE SF $2.25 530 125 $281.25 125 $281.25 CONCRETE WALK REMOVE 11 2104.503 BITUMINOUS SF $2.00 460 0 $0.00 0 $0.00 WALK REMOVE 12 2104.505 BITUMINOUS S Y $3.00 3980 3980 $11,940.00 3980 $11,940.00 PAVEMENT 13 2104.509 REMOVE SIGN EACH $50.00 3 7 $350.00 7 $350.00 14 2104.523 SALVAGE LIGHT EACH $750.00 4 3 $2,250.00 3 $2,250.00 POLE SAWING BIT 15 2104.513 PAVEMENT (FULL L F $3.50 410 0 $0.00 0 $0.00 DEPTH) 16 2105.501 COMMON C Y $13.50 720 0 $0.00 0 $0.00 EXCAVATION 17 2105.507 SUBGRADE C Y $38.00 44 0 $0.00 0 $0.00 EXCAVATION SELECT 18 2105.522 GRANULAR C Y $28.50 1810 0 $0.00 0 $0.00 BORROW (CV) 19 2105.601 SITE GRADING LS $11,500.00 1 0 $0.00 0 $0.00 20 2105.604 GEOTEXTILE S Y $1.00 5170 0 $0.00 0 $0.00 FABRIC TYPE V 21 2112.604 SUBGRADE S Y $0.75 5170 0 $0.00 0 $0.00 PREPARATION 22 2211.501 AGGREGATE TON $23.50 2070 0 $0.00 0 $0.00 BASE CLASS 5 23 2331.501 JOINT ADHESIVE - L F $0.45 2210 0 $0.00 0 $0.00 MASTIC 24 2357.502 BITUMINOUS GAL $2.50 285 0 $0.00 0 $0.00 MATERIAL FOR Tnr.K rnnT Pay Voucher Page 4 of 7 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 -8926 Project No. 02925 -30 Pay Voucher No. 1 02925 -30 Project Material Status Quantity Amount Line Item Description Units Unit Price Contract This This Quantity Amount Quantity Pay Pay To Date To Date Voucher Voucher TYPE SP 9.5 25 2360.501 WEARING TON $74.00 670 0 $0.00 0 $0.00 COURSE MIX (2,C) TYPE SP 12.5 26 2360.502 NON WEAR TON $72.00 670 0 $0.00 0 $0.00 COURSE MIX (2,C) 27 2505.601 UTILITY LS $500.00 1 1 $500.00 1 $500.00 COORDINATION 28 2506.522 ADJUST FRAME & EACH $650.00 5 0 $0.00 0 $0.00 RING CASTING 29 2521.501 4" CONCRETE S F $5.25 4000 0 $0.00 0 $0.00 WALK 30 2521.501 6" CONCRETE S F $9.00 220 0 $0.00 0 $0.00 WALK CONCRETE CURB 31 2531.501 & GUTTER L F $17.50 2210 0 $0.00 0 $0.00 DESIGN B612 32 2531.618 TRUNCATED SF $52.00 56 0 $0.00 0 $0.00 DOMES 33 2540.602 MAIL BOX EACH $250.00 1 1 $250.00 1 $250.00 (TEMPORARY) 2.5" NON - 34 2545.523 METALLIC L F $9.00 1080 0 $0.00 0 $0.00 CONDUIT 35 2564.536 INSTALL SIGN EACH $100.00 7 0 $0.00 0 $0.00 PANEL TYPE C 36 2564.431 SIGN PANELS EACH $1,500.00 2 0 $0.00 0 $0.00 TYPE SPECIAL 37 2564.602 SALVAGE AND EACH $250.00 6 0 $0.00 0 $0.00 REINSTALL SIGN 38 2545.602 INSTALL EACH $1,900.00 3 0 $0.00 0 $0.00 HANDHOLE 39 2571.501 CONIFEROUS TREE $430.00 11 0 $0.00 0 $0.00 TREE 8' HT B &B DECIDUOUS 40 2571.502 TREE 1.5" CAL TREE $400.00 19 0 $0.00 0 $0.00 B &B 41 2571.502 DECIDUOUS TREE $400.00 22 0 $0.00 0 $0.00 TREE 2" CAL B &B 42 2571.507 PERENNIAL 1 GAL PLT $17.00 875 0 $0.00 0 $0.00 CONT 43 2573.502 SILT FENCE, L F $2.50 1420 1500 $3,750.00 1500 $3,750.00 TYPE MS STORM DRAIN 44 2573.530 INLET EACH $120.00 13 9 $1,080.00 9 $1,080.00 PROTECTION Pay Voucher Page 5 of 7 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 -8926 Project No. 02925 -30 Pay Voucher No. 1 02925 -30 Project Material Status Quantity Amount Line Item Description Units Unit Price Contract This This Quantity Amount Quantity Pay Pay To Date To Date Voucher Voucher STABILIZED 45 2573.535 CONSTRUCTION EACH $1,200.00 1 0 $0.00 0 $0.00 EXIT COMMON 46 2574.525 TOPSOIL C Y $35.00 690 0 $0.00 0 $0.00 BORROW 47 2575.501 SEEDING ACRE $1,700.00 1.2 0 $0.00 0 $0.00 EROSION 48 2575.523 CONTROL S Y $1.20 5600 0 $0.00 0 $0.00 BLANKETS CATEGORY 3 TURF 49 2575.525 REINFORCEMENT S Y $6.70 600 0 $0.00 0 $0.00 MAT CATEGORY 2 PAVT MSSG 50 2582.501 (HANDICAPPED EACH $10.30 10 0 $0.00 0 $0.00 SYMBOL) PAINT 51 2582.502 4" SOLID LINE L F $0.30 3360 0 $0.00 0 $0.00 PAI NT Totals For Section SCHEDULE A. SURFACE IMPROVEMENTS: $57,266.25 $57,266.25 SCHEDULE B. WATER MAIN IMPROVEMENTS 52 2104.501 REMOVE WATER L F $9.10 260 0 $0.00 0 $0.00 MAIN 53 2504.602 BOX CURB STOP & EACH $1,270.00 1 0 $0.00 0 $0.00 54 2504.602 2" CORPORATION EACH $1,150.00 1 0 $0.00 0 $0.00 STOP CONNECT TO 55 2504.602 EXISTING WATER EACH $600.00 1 0 $0.00 0 $0.00 MAIN 56 2504.603 2 TYPE K L F $25.50 120 0 $0.00 0 $0.00 COPPER PIPE Totals For Section SCHEDULE B. WATER MAIN $0.00 $0.00 IMPROVEMENTS: SCHEDULE C. SANITARY IMPROVEMENTS 57 2503.511 4" PVC PIPE L F $12.50 65 0 $0.00 0 $0.00 SEWER CONNECT TO 58 2503.602 EXISTING EACH $860.00 1 0 $0.00 0 $0.00 SANITARY SEWER 59 2503.602 CHIMNEY SEALS EACH $210.00 3 0 $0.00 0 $0.00 (EXTERNAL) Totals For Section SCHEDULE C. SANITARY IMPROVEMENTS: $0.00 $0.00 SCHEDULE D. STORM SEWER IMPROVEMENTS 60 2104.501 REMOVE PIPE L F $9.10 450 0 $0.00 0 $0.00 DRAIN Pay Voucher Page 6 of 7 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 -8926 Project No. 02925 -30 Pay Voucher No. 1 02925 -30 Project Material Status Quantity Amount Line Item Description Units Unit Price Contract This This Quantity Amount Quantity Pay Pay To Date To Date Voucher Voucher 61 2104.501 REMOVE SEWER L F $10.00 515 21 $210.00 21 $210.00 PIPE (STORM) REMOVE 62 2104.509 DRAINAGE EACH $400.00 8 2 $800.00 2 $800.00 STRUCTURE 63 2104.509 REMOVE PIPE EACH $250.00 1 0 $0.00 0 $0.00 APRON GRANULAR 64 2451.609 FOUNDATION TON $40.00 68 0 $0.00 0 $0.00 AND /OR BEDDING 65 2501.515 24" RC PIPE EACH $1,700.00 3 0 $0.00 0 $0.00 APRON 66 2503.511 12" RC PIPE L F $52.00 97 0 $0.00 0 $0.00 SEWER CLASS III 67 2503.511 15" RC PIPE L F $65.00 36 0 $0.00 0 $0.00 SEWER CLASS III 68 2503.511 18" RC PIPE L F $59.00 230 0 $0.00 0 $0.00 SEWER CLASS III 69 2503.511 21" RC PIPE L F $53.00 211 0 $0.00 0 $0.00 SEWER CLASS III 70 2503.511 24" RC PIPE L F $48.00 64 0 $0.00 0 $0.00 SEWER CLASS III CONNECT TO 71 2503.602 EXISTING EACH $1,000.00 1 0 $0.00 0 $0.00 MANHOLES 72 2504.604 4" POLYSTYRENE S Y $76.00 4 0 $0.00 0 $0.00 INSULATION CONNECT TO 73 2503.602 EXISTING STORM EACH $860.00 1 0 $0.00 0 $0.00 SEWER CONST 74 2506.501 DRAINAGE L F $850.00 6 0 $0.00 0 $0.00 STRUCTURE DESIGN SPECIAL CONST 75 2506.501 DRAINAGE L F $585.00 6 0 $0.00 0 $0.00 STRUCTURE DES 48 -4020 CONST 76 2506.501 DRAINAGE L F $1,200.00 16 0 $0.00 0 $0.00 STRUCTURE DES 60 -4020 77 2506.502 CONSTRUCT EACH $9,800.00 1 0 $0.00 0 $0.00 RAIN GARDEN Totals For Section SCHEDULE D. STORM SEWER $1,010.00 $1,010.00 IMPROVEMENTS: SCHEDULE E. BID ALTERNATE 1 - POND CLEANING 78 12101.5011 CLEARING I ACRE 1 $10,300.001 0.1 1 0.1 1 $1,030.001 0.1 1 $1,030.00 Pay Voucher Page 7 of 7 CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 -8926 Project No. 02925 -30 Pay Voucher No. 1 02925 -30 Project Material Status Type Date Explanation Estimated Amount Amount Paid To Date CO1 Quantity Amount EXCAVATE, CUT AND CAP 4" WATERMAIN $4,667.85 Line Item Description Units Unit Price Contract This This Quantity Amount Quantity Pay Pay To Date To Date Voucher Voucher 79 2101.506 GRUBBING ACRE $10,300.00 0.1 0.1 $1,030.00 0.1 $1,030.00 80 2105.511 POND EXCAVATION C Y $26.00 650 0 $0.00 0 $0.00 81 2575.501 SEEDING ACRE $620.00 0.3 0 $0.00 0 $0.00 EROSION 82 2575.523 CONTROL S Y $1.20 1110 0 $0.00 0 $0.00 BLANKETS CATEGORY 3 Totals For Section SCHEDULE E. BID ALTERNATE 1 - POND $2,060.00 $2,060.00 CLEANING: SCHEDULE F. BID ALTERNATE 2 - MILL EXISTING PAVEMENT 83 2232.501 MILL BITUMINOUS S Y $2.60 1800 0 $0.00 0 $0.00 SURFACE (1.5 ") BITUMINOUS 84 2357.502 MATERIAL FOR GAL $2.50 180 0 $0.00 0 $0.00 TACK COAT TYPE SP 9.5 85 2360.501 WEARING TON $79.50 168 0 $0.00 0 $0.00 COURSE MIX (2,C) Totals For Section SCHEDULE F. BID ALTERNATE 2 - MILL $0.00 $0.00 EXISTING PAVEMENT: Change Order 1 - EXCAVATE, CUT AND CAP 4 EXCAVATE HOLE 86 86 FOR WATERMAIN LS $1,859.00 1 1 $1,859.00 1 $1,859.00 CUT AND CAP 87 87 CUT AND CAP 4" LS $2,808.85 1 1 $2,808.85 1 $2,808.85 WATERMAIN Totals For Change Order 1 - EXCAVATE, CUT AND CAP 4: $4,667.85 $4,667.85 Project Totals: $65,004.10 $65,004.10 02925 -30 Contract Changes No. Type Date Explanation Estimated Amount Amount Paid To Date CO1 Change Order 10/13/2017 EXCAVATE, CUT AND CAP 4" WATERMAIN $4,667.85 $4,667.85 Contract Change Totals: $4,667.85 $4,667.85 #4A MEETING TYPE: City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Rental Housing Code Amendments and License Fee Increase Meeting Date: October 23, 2017 Prepared by: Marie Darling, Planning Director Reviewed by: Patti Helgesen, Assistant Planner Attachments: Ordinance Summary Publication Ordinance Resolution Policy Consideration: Should the Shorewood City Code be amended to clarify the rental housing code requirements or increase the fees for rental licenses? Background: The proposed amendments are generally housekeeping in nature. The majority are proposed to clarify language, update references, and mirror what is currently staff's process in administering the rental code. Staff did notice that most other neighboring cities have language that identifies when licenses may be denied, suspended, or revoked in one defined section of code and Shorewood's current ordinance does not have a similar section. Consequently, staff added denial /revocation language (with an allowance for an appeal) in Section 1004.03, subd. 10 and 11. One new addition to the regulations is language associated with interior and exterior paint. The inspectors have been relying on general exterior conditions to require repainting and staff proposed language codifying current practice. The new language indicates that if a small area of an exterior wall needs to be repainted, the property owner may fix the area. If over 10 percent of a wall needs repainting, property owners would have to paint the entire affected wall. For interior surfaces, the homeowner would need to fix problem areas. Financial or Budget Considerations: Staff is proposing an increase in the fees to make sure the rental housing program is self- sustaining. The current three -year license fee is $60 per dwelling with no cap for larger apartment structures. The proposed three -year license fees are $75 for each dwelling in a building with one to five rental dwellings. For buildings with six or more units, the fee would be $400 plus $10 per unit to a maximum of $750. Staff also proposes to omit the $10 per unit fee for newer buildings with six or more units that are one year old or less because the inspections have all been recently completed as part of the building permit process. 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 S: \Planning \Planning Files \Applications \2017 CURRENT CASES \Rental License Amendments \CAF October 23, 2017.docx The above fees would include two separate inspections (the initial inspection and one follow -up). An additional $35 fee is collected for inspections needed beyond the first two, and is the same amount collected for other inspections. Many homeowners have been requiring multiple inspections to reach compliance, but are to the city, as they take an inspector's time away from other inspections. Additionally, the city's consultant will be completing some or all of the inspections. The increase has two purposes: 1. To ensure that compliance is reached without becoming a burden to other taxpayers. 2. To provide an incentive for property owners to comply with all the inspection orders as soon as possible. Options: Adopt the draft code amendment or fees; modify the amendment or fees; deny the request or take no action. If the Council adopts an ordinance, the City Council should consider adopting the summary ordinance for publication (with a separate motion). Recommendation / Action Requested: Staff recommends approval and provides the following draft motions: Move to approve ordinance amending Chapter 1004 of the City Code titled "Rental Housing Code ". Motion, second and simple majority vote required. Move to approve summary publication ordinance and the text of the summary pursuant to MN Statute 331A.01 which would inform the public of the intent and effect of the ordinance without publishing the entire ordinance. Motion, second and four - fifths vote required. Move to approve resolution amending the City of Shorewood Fee Schedule pertaining to rental housing licenses. Motion, second and simple majority vote required. Next Steps and Timelines: Once adopted, the amendment will be published in the official newspaper. Once published, it becomes effective. Connection to Vision / Mission: Zoning contributes to a healthy environment and provision of quality public services. CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE AS IT PERTAINS TO RENTAL LICENSES FOR THE CITY OF SHOREWOOD Section 1. City Code Chapter 1004 is hereby amended as follows: RENTAL HOUSING CODE Section 1004.01 Purpose and intent 1004.02 Definitions 1004.03 Licensing of rental units 1004.04 Minimum standards 1004.05 Inspections 1004.06 Administration and enforcement 1004.01 PURPOSE AND INTENT. Subd. 1. Purpose. The purpose of this chapter is to protect the public health, safety and the general welfare of the rental population of the city. These general objectives include, among others, the following: a. To maintain a quality character and stability of rental dwelling units within the city; b. To correct and prevent rental housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of persons occupying rental dwellings within the city; c. To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of rental buildings; d. To provide minimum standards of light and ventilation necessary to health and safety; e. To provide minimum standards for the maintenance of existing rental buildings and to thus prevent slums and blight; f. To preserve the value of land and buildings throughout the city. Subd. 2. Intent. It is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this chapter. Subd. 3. Application of requirements. Every rental dwelling unit and its premises used in whole or in part as a home or residence, or as an accessory structure thereof, for a single - family or person shall conform to the requirements of this chapter, irrespective of when the building may have been constructed, altered or repaired. This chapter establishes minimum standards for erected rental dwelling units, accessory structures and related premises. 1004.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." A CCESSOR Y STRUCTURE. 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. APPROVED. When used in reference to the design and capabilities of physical systems of a dwelling shall mean having passed the inspection of the Compliance Official. The basis for passage of the inspection shall be an analysis of the effective state codes and an analysis of the degree to which the systems meet the standards established by the codes. It shall be the objective of the Compliance Official, unless otherwise specified, to establish minimum qualifications for approval of the system, which qualifications can maintain substantial compliance with the effective state codes and can be achieved in a reasonably economical and practical manner. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. COMPLIANCE OFFICIAL. The Building Official and his or her designated agents authorized to administer and enforce this chapter. DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one - family, two - family and multiple - family dwellings, but not including hotels, motels and boarding houses. DWELLING - MULTIPLE - FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. DWELLING - SINGLE - FAMILY. A dwelling designed exclusively for occupancy by one family. a. ATTACHED. A dwelling which is joined to another atone or more sides by a party wall. b. DETACHED. A dwelling unit not attached to another dwelling or structure. DWELLING - TWO - FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other. a. DOUBLE BUNGALOW. A two - family dwelling with two units side by side. b. DUPLEX. A two - family dwelling with one unit above the other. DWELLING UNIT. A residential building or portion thereof intended for occupancy by one family, but not including hotels, motels, lodging establishment, nursing homes, boarding or rooming houses or recreational vehicles. FAMILY. See HOUSEHOLD. FLUSH WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer supply. GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. HABITABLE BUILDING. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. HEATED WATER. Water heated to a temperature of not less than 120 °F, or the lesser temperature required by government authority, measured at faucet outlet. HOUSEHOLD. The following are included in the term HOUSEHOLD as the term is used in this chapter: a. An individual; or b. A group of not more than three individuals, none of whom are related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence and using common cooking and kitchen facilities; or c. Up to two adult individuals, whether related or unrelated, residing in the same dwelling unit and maintaining a common residence and common cooking and kitchen facilities and the dependent child(ren) of each, if any; or d. The combination of paragraphs (a) and (c) above. KITCHEN. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and adequate space for the storage of cooking utensils. LEASE. An agreement to rent. (For use as a verb, see Rent.) MINIMUM STANDARDS. Those standards as set forth in § 1004.04 of this code OCCUPANT. Any person (including owner or operator) sleeping, cooking and eating in a dwelling unit. OPERATOR. The person or enterprise or its agent who is owner or proprietor of a rental dwelling or rental dwelling unit, whether in the capacity of owner, lessor, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs their functions through a rental agent, the managing agency or the rental agent has the same duties as the principal. OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling units within the city as title holder, employee or agent of the title holder or as trustee or guardian of the estate or person of the title holder. Any person representing the actual title holder shall be bound to comply with the provisions of this chapter to the same extent as the title holder. PERMISSIBLE OCCUPANCY. The maximum number of persons permitted to reside in a dwelling unit. PERSON. An individual, firm, partnership, association, corporation or joint venture or organization of any kind. PLUMBING. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. PREMISES. A platted lot or part thereof or unplatted parcel of land occupied by any dwelling or nondwelling structure, including any building, accessory structure or other structure thereon. PUBLIC HALL. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. REFUSE. All putrescible and non_putrescible waste solids, including garbage and rubbish. REMUNERATION. Compensation, money, or other consideration given in return for occupancy, possession, or use of real property. RENT. The consideration or remuneration charged whether or not received, for the occupancy or use of another's property as a rental dwelling or rental dwelling unit, valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property, or services of any kind. Rent may include consideration or remuneration received pursuant to an option to purchase whereby a person is given the right to possess the property for a term of less than thirty (30) days.. RENTAL DWELLING. A dwelling let for rent or lease. RENTAL DWELLING UNIT. A dwelling unit let for rent or lease. REPAIR. To restore to a sound and acceptable state of operation, serviceability or appearance. RODENT HARBORAGE. Any place where rodents can live, nest or seek shelter. RUBBISH. Non_putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. SAFETY. The condition of being reasonably free from danger and hazards which may cause accidents or disease. SHORT -TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than thirty (30) consecutive days in a residential district or residential planned unit development district. SUBSTANDARD DWELLING. Any dwelling which does not conform to the minimum standards established by city ordinances. SUPPLIED. Paid for, furnished by, provided by or under the control of the owner, operator or agent of a dwelling. TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a period of less than thirty (30) consecutive calendar days. (1987 Code, § 1004.02) (Ord. 272, passed 4 -12 -1993) 1004.03 LICENSING OF RENTAL UNITS. Subd. 1. Issuance and renewal. No person shall operate a rental dwelling without first having obtained a license to do so from the City Council as hereinafter provided. Each license shall be issued o„°° ° °rywalid for three years and shall expire on December 31 following the issuance thereof. Application for 1License renewals for the following years shall be filed on or before November 1 prior to the license expiration date. Subd. 2. Conformance to laws. No license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Shorewood and the laws of the state. Subd. 3. License fees. Applications and Lieense fees for license renewals of lieensesshall be due on November 1 immediately prior to the license expiration date. In cases of new unlicensed dwellings, license fees shall be due upon application for a license. a. The licensee shall not be entitled to a refund of any license fee upon denial, revocation or suspension of the license. b. The fees and charges for the license application required by this Chapter are set forth in the City of Shorewood Fee Schedule. City Couneil shall establish lieense fees by efdinanee. ffe time to time Subd. 4. License not transferable. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an_opefating license shall give notice, in writing, to the Compliance Official within 72 hours after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. The notice shall include the name and address of the person succeeding to the ownership or control of the rental dwelling or dwellings. If rental activity is proposed to continue under the new owner, a new license application shall be required immediately upon notice of the property transfer. Subd. 5. Owner or agent to apply. a. Application. License application or renewal shall be made by the owner of the rental units or its legally constituted agent. Application forms may be acquired from and subsequently filed with the Compliance Official. b. Required information. The applicant shall supply: (1) Name, address and telephone number of dwelling owner, owning partners if a partnership, corporate officers if a corporation; (2) Name, address and telephone number of designated resident agent, if any; (3) Name, address and telephone number of management representative; (4) Name, address and telephone number of vendee, if the dwelling is being sold through a contract for deed; (5) Legal address of the dwelling; (6) Type of dwelling; (7) Type and number of dwelling units within the Etwelliftgbuilding; (8) Description of procedure through which tenant inquiries and complaints are to be processed. (9) Test results for domestic water supplied by a private well from a lab certified by the Minnesota Department of Health. (10) Test results (within 30 days) for the furnace performed by a certified mechanical contractor bonded with the Minnesota Department of Labor and Industry. c. Zoning compliance. Upon application for a license the applicant must demonstrate to the satisfaction of the Compliance Official that the rental dwelling complies with one of the following: (1) The property is currently zoned for the intended use pursuant to Chapter 1201 of this code; or (2) The structure was granted a special use permit for a two - family dwelling between January 21, 1965 and September 24, 1973; or (3) The structure has been continually and lawfully used as a two - family dwelling since January 21, 1965. Subd. 6. Resident agent required. No license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside within the counties of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington) unless the owner designates, in writing, to the Compliance Official the name of its resident agent (a person who does reside within the aforesaid referred counties) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the city ordinances, to receive orders and to institute remedial action to effect the orders and to accept all service of process pursuant to law. The Compliance Official shall be notified, in writing, of any change of resident agent. Subd. 7. Posting of license. Every licensee of a multiple rental dwelling shall cause to be conspicuously posted in the main entryway or other conspicuous location therein the current license for the respective multiple rental dwelling. Licenses for one- and two - family rental dwellings shall be conspicuously posted near the electrical service box for each unit. Subd. 8. Inspection access. a. No license shall be issued or renewed unless the owner of a rental unit agrees in its application to permit inspections as provided in § 1004.05 of this chapter. b. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Buildin-g-Compliance Official or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes the building or premises unsafe, dangerous or hazardous, the Buildin-g-Compliance Official or his or her authorized representative may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if the building or premises be occupied, he or she shall first present proper credentials and request entry; and if the building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If the entry is refused, the Buildin-g-Compliance Official or his or her authorized representative shall have recourse to every remedy provided by law to secure entry. Subd. 9. Occupancy register required. a. Every owner of a licensed rental dwelling unit in Shorewood shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information: (1) Dwelling unit address; (2) Number of bedrooms in dwelling unit; (3) Names of adult occupants and number of adults and children (under 18 years of age) currently occupying each dwelling unit; (4) Dates renters occupied and vacated each dwelling unit. b. The register shall be made available for viewing or copying by the Compliance Official at all reasonable times. (1987 Code, § 1004.03) (Ord. 272, passed 4 -12 -1993) a. The license applicant has not submitted all the required materials or requested an inspection of the premises within 30 days of the initial application. b. False statements made on the license application or any other information required by this section. c. The Compliance Official has not been permitted to inspect the premises proposed to be licensed. d. The license applicant has failed to correct deficiencies listed in a violation or correction notice in the time specified. e. The license applicant has not met the requirements of the International Property Maintenance Code or City Code or other applicable state laws. f. The City of Shorewood has previously suspended or revoked a rental license for the same property and all the conditions of suspension or revocation have not been corrected. g_ The license applicant or their agent has violated any requirement of this Chapter. h. Granting the license would be contrary to public health, safety or eg neral welfare so as to create a public nuisance. i. The license applicant, licensee, their agent or tenant(s) has /have failed to conform to other applicable requirements of City Code, State Statute or Criminal Code. If an application for a license is denied, a written statement specifying the reasons for the denial will be transmitted to the applicant. the reasons for such action. 1004.04 MINIMUM STANDARDS. Subd. 1. Adoption of the TT ;� rm a using CodeInternational Property Maintenance Code by reference. Chapters 5, 6, 7, 8, 9 and ' D 2, 3, 4, 5, 6, and 7 of the "Unifefm He Go& 2012 International Property Maintenance Code, 1988 Editie ," as may be amended pfepafed by the intemational Conf of Buildi _ — "i i ,I are adopted and incorporated herein and shall be controlling within the city. At least one copy of the code shall be on file in the office of the Compliance Official for use and examination by the public. Subd. 2. General provisions. a. Maintenance of shared or public areas. Every owner of a rental dwelling shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. b. Maintenance of occupied areas. Every occupant of a rental dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling unit and premises thereof that it occupies and controls. c. Responsibility of owner and occupant for storage and disposal ofgarbage and rubbish. Every owner of a rental dwelling shall supply facilities for the sanitary and safe storage and /or disposal of rubbish and garbage. In the case of single - family attached or detached rental dwelling units, it shall be the responsibility of the occupant to furnish the facilities. Every occupant of a rental dwelling unit shall store and dispose of all its rubbish, garbage and organic waste in a clean, sanitary and safe manner as prescribed by Chapter 504 of this code. d. Responsibility for storm and screen doors and windows. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the following provisions, except where there is written agreement otherwise between the owner and occupant. (1) Every window, other than a fixed window or storm window, shall be capable of being easily opened. (2) Every window, door and frame shall be constructed and maintained in the relation to the adjacent wall construction as to completely exclude rain, wind, cold and rodents from entering the building. (3) Every openable window or other device required by this section shall be supplied with 16 mesh screens during the insect season. e. Responsibility for pest extermination. (1) Every occupant of a rental dwelling containing a single rental dwelling unit shall be responsible for the extermination of vermin infestations and /or rodents on the premises. (2) Every occupant of a rental dwelling unit in a dwelling containing more than one rental dwelling unit shall be responsible for the extermination whenever its dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a rental dwelling in a reasonable rodent -proof or reasonable vermin proof condition, extermination shall be the responsibility of the owner. (3) Whenever infestation shall exist in two or more of the rental dwelling units in any dwelling, or in the shared or public parts of any rental dwelling containing two or more rental dwelling units, extermination thereof shall be the responsibility of the owner. f. Rodent harborages prohibited in public areas. No owner of a rental dwelling shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in a manner that may provide a rodent harborage in or about shared or public areas of a rental dwelling or it premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly in piles. g. Rodent proof. Every rental dwelling and accessory structure and the premises upon which located shall be maintained in a rodent -free and rodent -proof condition. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have a one -half inch diameter or larger opening shall be rodent - proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent - impervious material. h. Sanitary maintenance offzxtures and facilities. Every occupant of a rental dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Removal of snow and ice. The owner of a multiple - family rental dwelling or dwellings shall be responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises. (1) Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. (2) Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall. Maintenance of driving and parking areas. The owner of a multiple- family rental dwelling or dwellings shall be responsible for providing and maintaining in good condition surfaced and delineated parking areas and driveways for tenants consistent with § 1201.03, Subd. 5 of this code. k. Maintenance of yards. The owner of a multiple- family rental dwelling or dwellings shall be responsible for providing and maintaining the yard or yards. 1. Facilities to function. Every supplied facility, piece of equipment or utility required under city ordinances and every chimney flue shall be installed and maintained and shall function effectively in a safe, sound and working condition. m. Discontinuance ofservice offacilities. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied rental dwelling or rental dwelling unit let by the owner or operator, except for the temporary interruptions as may be necessary when actual repairs or alterations are in process or during temporary emergencies. n. Yard cover. Every yard of a premises on which a dwelling stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery and related decorative materials and the yard shall be maintained consistent with prevailing community standards. o. One family per dwelling unit. Not more than one family, except for temporary guests, shall occupy a rental dwelling unit. p. Accessory structure maintenance. Accessory structures supplied by the owner, agent or tenant occupant on the premises of a rental dwelling shall be structurally sound and be maintained in good repair and appearance. The exterior of the structures shall be made weather resistant through the use of decay- resistant materials such as paint or other preservatives. q. Smoke detectors and carbon monoxide detectors required. All rental dwelling units shall be provided with approved smoke detectors and carbon monoxide detectors and shall be installed in accordance with the State Building Code. Drinking water. The property owner of rental dwelling units having domestic water supplied by a private well must provide a test result of the water from a lab certified by the Minnesota Department of Health at the time of application for initial license and retested with each license renewal.-. (1 ` The demestie watef supply must be tested-upon renewal every three years thereafter or earlier upon change of property ownership. (2) The domestic water supply must meet the standards as established by Minn. Rules Part 4720.0350 as may be amended from time to time for arsenic, nitrates, and coliform bacteria. Maintenance of exterior siding and (1) Facades where less than 10 percent of the surfaces are affected, but the affected areas are concentrated, the affected areas shall be repainted. (2) Facades where 10 percent or more of the surfaces are affected shall be repainted in their entirety. t. Maintenance of interior paint. The interior paint of each building shall be kept in Subd. 3. Built in efieienciesPre- existing structural deficiencies exempt. The following are built in deficiencies and shall be exempt from compliance with the code; provided, that the built inpre- existing deficiencies were in compliance with a building code at the time of construction or do not pose a hazard. The pre- existing deficiencies shall include, but are not limited to: a. Ceiling height. Any existing habitable room with less than a seven and one -half foot ceiling height shall be considered a built— inpre- existing deficiency which is beyond reasonable correction. b. Superficial floor areas. Any existing habitable room of less than 90 square feet shall be considered a built in- deficiency and beyond reasonable correction. c. Natural light and ventilation. Any existing habitable room with window area less than 10% of the floor area shall be considered a built inpre- existing deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than 5% of the floor area. Subd. 4. Correction of immediate hazards. No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or other responsible persons. The dwelling unit may be ordered vacated if no immediate corrective action is taken and the occupant, owner, agent of the owner or other responsible person fail to comply with any order to correct any immediate hazard. Immediate hazards to health and safety for human occupancy shall include but not be limited to the following: a. Heating systems that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves; b. Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out, rusted or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves; c. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems; d. Plumbing systems that are unsanitary due to: leaking waste systems, fixtures and traps; lack of a water closet; lack of washing and bathing facilities; cross connection of pure water supply with fixtures or sewage lines; or the lack of water; e. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safely carry imposed loads; f. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering residential buildings and structures unsanitary for human occupancy, including lack of light and air; g. Infestation of rats, insects and other vermin. h. Domestic water used primarily for consumption which exceeds the safe drinking water standards contained in Minn. Rules Part 4720.0350 as may be amended from time to time for arsenic, nitrates, and coliform bacteria, must be brought into compliance by the property owner before a rental license is issued. 1004.05 INSPECTIONS. Subd. 1. Purpose. The purpose of this section is to establish standards for a program of inspections meant to improve and maintain the overall rental housing in the city. Housing inspections do not indicate compliance with any inspectional program other than that of the city. Inspections are made as a public service and do not constitute any representation, guarantee or warranty to any person as to the conditions of the building inspected. The city does not assume any responsibility or liability in connection with the inspection and issuance of the license required by § 1004.03 of this chapter. Subd. 2. Initial compliance inspection. Prior to issuance of a license to operate a rental dwelling unit, the Compliance Official and the Fire Inspector (as may be applicable); togethef with the leeal Fire W,-sha4 shall inspect the premises for compliance with this chapter. A record of the inspection. listi •' anv built in defieieneies w-hieh ° e file at the City Hall. The compliance inspection must occur within 30 dad application (either for a new license or renewal) or the application shall be considered void. Subd. 3. T ;,,,,., ual eompli %ne^ Reinspection required. All rental dwelling units shall be reinspected for compliance with this chapter a minimum of once every three years with license renewal. Subd. 4. Complaints inspections. Inspections shall be made at any time upon receipt of a complaint wherein the complainant leaves their name, address and telephone number. Inspections will not be made based upon anonymous complaints. Subd. 5. Permission of the tenant shall be requested before a rental unit is entered. If the tenant refuses to permit the inspector to enter, the inspector is authorized to obtain an administrative search warrant before making the inspection. 1004.06 SHORT -TERM RENTAL PROHIBITED. Subd_ 1. Purpose. The City finds that short-term rentals located in residential zoning districts constitute commercial use of residential property, conflict with the residential character of residential zoning districts, disrupt the residential character of neighborhoods, and have a negative impact on the livability of residential neighborhoods. The City has received complaints from residents regarding short-term rentals, including complaints related to noise, over - occupancy, and illegal parking. Studies have reported that short- term rentals can render a significant number of housing units unavailable for long -term residents and can raise the cost of housing. To ensure adequate housing options for residents, preserve the residential character of the City's residential districts, preserve property values, and reduce land use conflicts, the City determines, in furtherance of the public health, safety and general welfare, it is necessary to limit short-term rentals to hotels, motels, lodging establishments and similar accommodations which are appropriately zoned and have the appropriate infrastructure and services for short-term use. Subd. 2. Prohibition. Short-term rental of any dwelling or dwelling unit to a transient for less than thirty (30) consecutive days in a residential zoning district is prohibited. State licensed hotels, motels and lodging establishments located outside residential districts or residential planned unit development districts are allowed, pursuant to applicable City codes. Subd. 3. Enforcement. An owner, operator, tenant or occupant of any building or property in violation of the provisions of this section may be charged and found guilty of a misdemeanor and may be held responsible for the cost of enforcement in addition to penalties. The City may exercise any and all remedies at law or in equity to ensure compliance with this section. All unpaid costs, charges and penalties may be certified as a special assessment levy against the property. 1004.07 ADMINISTRATION AND ENFORCEMENT. Subd. 1. Unfit for human habitation. a. Any rental dwelling or rental dwelling unit, which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any rental dwelling or rental dwelling unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation and any opefating license previously issued for the dwelling shall be revoked. b. It shall be unlawful for the rental dwelling or rental dwelling unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official. It shall be unlawful for any person to deface or remove the declaration placard from any rental dwelling or rental dwelling unit. Subd. 2. Secure unfit and vacated dwellings. The owner of any rental dwelling or rental dwelling unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance. Subd. 3. Hazardous building declaration. In the event that a rental dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in M.S. §§ 463.15 et seq., related to hazardous and substandard buildings. Subd. 4. Compliance order. a. Whenever the Compliance Official determines that any rental dwelling, or rental dwelling unit or the premises surrounding any of these, fails to meet the provisions of this chapter, he or she may issue a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct the violations. b. This compliance order shall: (1) Be in writing; (2) Describe the location and nature of the violations of this chapter; (3) Establish a reasonable time for the correction of the violation and notify of appeal recourse; (4) Be served upon the owner or its agent or the occupant, as the case may require, and the notice shall be deemed to be properly served upon the owner or agent, or upon any occupant, if a copy thereof is: Ca,_Served upon the owner, agent or occupant personally; or (b) Served upon the property; or (bc) Sent by ^first class mail to ftsthe owner's, agents', or occupant's last known address. Subd. 5. Right of appeal. When it is alleged by any person to whom a compliance order is directed that the compliance order is based upon erroneous interpretation of this chapter, the person may appeal the compliance order to the City Council sitting as a Board of Appeals. The appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution of the City Council, from time to time, in cash or cashier's check, and must be filed with the Planning Department of Pfoteai e insp *ion within €iv-e-ten business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless a stay would cause imminent peril to life, health or property. Subd. 6. Board of Appeals decision. Upon receipt of an appeal of a compliance order a hearing shall be held before the City Council, serving as the Board of Appeals, at its nex a regularly scheduled meeting. The Board of Appeals shall make a determination concerning the validity of the appeal. The Board of Appeals may reverse, modify or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Subd. 7. Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental dwelling, or rental dwelling unit, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag-or compliance order have been complied with, unless the owner shall furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the rental dwelling, or rental dwelling unit, who has received notice of the existence of a violation tag-or compliance order shall be bound by same without further service of notice upon the person and shall be liable to all penalties and procedures provided by this chapter. Subd. 8. License suspension or revocation. A license issued under the provisions of this chapter shall be subject to suspension or revocation by the City Council for violation of any provisions of the Shorewood City Code or laws of the state as outlined in section 1004.03 Subd. 10 of this Chapter. In the event that a license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or its duly authorized agent to thereafter permit any new occupancy of a vacant or thereafter vacated rental unit until the time as a valid license may be restored by the City Council. Subd. 9. Alternative sanctions. Whenever the Compliance Official determines that any rental dwelling, or rental dwelling unit, or the premises surrounding any of these fails to meet the requirements set forth in this chapter, the Compliance Official may issue a violation tag - letter summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Subd. 10. Conflicts. Any conflict between any provisions of this chapter and any term of a contractual relationship between a landlord and a tenant shall be resolved in favor of this chapter. Subd. 11. Penalties. Failure to comply with a compliance order after right of appeal has expired or violation of any of the provisions of this chapter shall be a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. Subd. 12. Separability. Every section, provision or part of this chapter is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof. Section 2. This Ordinance shall be in full force and effect upon publication in the Official Newspapers of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk (Official Publication) CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE (SUMMARY PUBLICATION) AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO RENTAL HOUSING CODE FOR THE CITY OF SHOREWOOD THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: CHAPTER 1004 RENTAL HOUSING CODE: The amendments update and clarify regulations for rental housing licenses and add a section on revocation and denial of licenses. The amendments in their entirety are available for review in the City Clerk's office. ADOPTED BY THE SHOREWOOD CITY COUNCIL OCTOBER 23, 2017. S/S Sandie Thone City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 17- APPROVING UPDATED CITY FEE SCHEDULE RELATED TO RENTAL HOUSING LICENSES WHEREAS, the City of Shorewood and its activities as a municipality requires setting forth fees and charges to reimburse the city for administrative and other expenses related to the issuing of permits, licenses and other services; and WHEREAS, the City of Shorewood must maintain a relevant schedule of fees and regularly audit their effectiveness; and WHEREAS, the City of Shorewood has established fees for licensing, permits, programs, and services that include but are not limited to building, zoning, planning, business, animal, park and recreation, rentals, solicitors, fire prevention, utility, franchise, administrative citations, and other miscellaneous fees that further the health, safety and welfare of the community at large; and WHEREAS, all fees and charges shall be fixed and determined by the council and set forth in the master fee schedule which will be adopted by resolution and uniformly enforced; and WHEREAS, Shorewood City Code 1004.03 Subd. 3(b) allows for a rental license fee; and WHEREAS, a rental license application fee is hereby raised from $60 per dwelling to $75 per dwelling for buildings with one to five rental dwellings and $400 per building with six or more dwellings plus $10 per dwelling to a maximum of $750. The rental license application fee shall include two inspections and additional inspections shall be $35 per each additional inspection. The rental license application fee for buildings with six or more dwellings constructed within one year from the date of application shall be the base fee without the per unit fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the updated Master Fee Schedule for the City of Shorewood is amended and updated according to this resolution. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 23rd day of October, 2017. ATTEST: Sandie Thone, City Clerk Scott Zerby, Mayor CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, OCTOBER 10, 2017 MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 7:00p.m. A. Roll Call Present: Chair Mangold, Commissioners Vassar, Darling Absent: Commissioner Rock, City Council Liam B. Review Agenda Gorham moved to approve the agenda. Barr seconded the m 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of Septeml Chair Mangold moved to approve the minutes of the September Gorham seconded the motion. Motion carried 44: 3. MATTERS FROM THE FLOOR There were none. 4. NEW B A. Badger Park S 6A 5755 COUNTRY CLUB RD SHOREWOOD CITY HALL 7:OOP.M. and Barr; City Planner Motion carried 4-0. 9, 2017 ,1117 meeting as written. Chair Mangold asked for an updated look at what the options are for the building structure and playgrounds. Director Darling discussed design -built versus pre- fabricated buildings. She asked for direction on what the Commission would like. The Commission generally agreed that they would like the Badger Park building to have the following: 1. Storage: Storage area should be large enough to accommodate lacrosse equipment that was part of the agreement as well as city equipment needed for field maintenance. 2. Restrooms: The restrooms should be available all year so winter events can be hosted in the park. If the cost is too high for winter use now, they would like to make sure that heat could be added in the future. Two restrooms are adequate and unisex is fine. 3. Shelter: A covered picnic area with room for four or five picnic tables would be large enough. This area should be connected to the building rather than a freestanding structure. A few tables in the sun would also be requested. PARK COMMISSION MINUTES TUESDAY, OCTOBER 10, 2017 PAGE20F3 Building orientation and location were discussed. There was general agreement that the building should be oriented north- south, but not in the middle of a walking pathway as shown on the concept plan. They suggested it might be better to place it south into the elementary playground area with storage doors opening toward the lacrosse area. Director Darling pointed out that footings and therefore location will also depend on soil structure. Playground Equipment: The commission generally agreed that the focus for the playground equipment should be on one play area and geared toward 5to12 year olds. They would like a traditional playground set: swings, slide and a climbing feature along with an imaginative play feature, like a boat or tree house over more active, challenge courses. They would like a new swing set to replace the existing galvanized set. Adult equipment may be considered in the future along the trail, but not within the playground area. Director Darling discussed two grants that have deadlines of November over $100,000 will need to be bid out. Director Darling inquired what type of playground surface is enclosed by a concrete curb. Chair Mangold asked if a drinking fountain should be included and they would prefer one with a bottle filler. 5. OLD BUSINESS A. Update on Badger Park Parking end of the year. Equipment was for wood chips oners felt that it should be Director Darling gave the update that we are still on track with having the parking lot paved the second week of November. The final paving may be in the spring. B. Memorial Park Benches One type of memorial park bench has been ordered in the past, but it is no longer available. The proposed bench is similar to the color and style of" the ones that are currently in the parks. The Commission prefers a plaque on the bench instead of the engraved option. C. Time Line of Freeman Park Icy Rink Director Darling, stated that lights, have been installed. Electrical work is in progress. The warming house interior panels are finished and installation will be around the first of November. Public Works Director, Larry Brown, is still confident that they can get the project done, and it can occur after frost. Vassar commented that the furnace and lights need to be tested before we announce that the rink is open. D. Freeman Park Trails Director Darling explained that a trail overlay project includes placing new bituminous over the trails, but it could include patching if there are rough spots. That project is scheduled for 2020. Chair Mangold asked how trail maintenance is budgeted. Barr asked for trails to be included in the park tours next year. PARK COMMISSION MINUTES TUESDAY, OCTOBER 10,2017 PAGE30F3 E. CIP Update Director Darling stated that Council had generally agreed with the Park Commission's priority recommendations at the last council meeting. 6. STAFF AND LIAISON REPORTS /UPDATES A. City Council Director Darling stated that trails were discussed at last night's council work session. They will be focusing on feasibility studies for three trails: 1. Yellowstone — completing the link between Country Club Trail and Lake Linden 2. Strawberry Lane — providing a safe route to Minnewashta Elementary School 3. Mill Street - Chair Mangold inquired if a feasibility study, was cornplefied on Mill Street. Director Darling answered that it would need to be restudied. The feasibility studies will provide cost estimates so the B. Staff Gorham will attend the next Parks Foundation meeting. Director Darling will notify the Commission if t County grant. 7. ADJOURN it knows how much to is the Hennepin Barr moved, Vassar seconded, to adjourn the Park Commission Meeting of October 10, 2017 at 8:52 p.m. Motion carried-4-0. RESPECTFULLY SUBMITT] #7A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Zoning Code Amendment — Variances and Appeals Meeting Date: October 23, 2017 Prepared by: Marie Darling, Planning Director Reviewed by: Patti Helgeson, Assistant Planner Attachments: Planning Directors Memorandum, for October 3, 2017 PC meeting Draft Minutes from the October 3, 2017 meeting discussion Existing Ordinance Ordinance Summary Publication Ordinance Policy Consideration: Should the Shorewood Zoning Code be amended to revise the process for variances and appeals? Background: See attached memorandum for background. At their October 3, 2017 meeting, the Planning Commission held a public hearing and voted unanimously to recommend its adoption, subject to five changes to the ordinance, as identified below. No one from the public requested to speak, but one letter was received (attached) expressing concerns with the regulations. The City Attorney has reviewed the proposed ordinance and his comments were incorporated into the amendments. Notice of the Planning Commission public hearing was published in both official newspapers. In conformance with State Statute, notice of City Council consideration of the amendment was also posted at City Hall and included in the email notification for general city information and notices. The proposed ordinance was posted on the city's website. Planning Commission Changes: The Planning Commission made several changes to the language of the proposed code. These changes were incorporated into the attached ordinance and are summarized below. Filing: The Planning Commission recommended that appeals be required to be submitted within 14 days from the date the administrative decision was mailed rather than the date of the decision. Because a zoning decision may also be delivered by email, staff added "or sent by electronic mail." Planning Commission Action: The Planning Commission recommended changing the requirement that the applicant's attendance is not mandatory at the review of either an appeal or a variance. Staff therefore replaced "shall" with "may' when referencing the applicant's appearance at the meetings. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:�Plonning�Plonning Files �Applicotions�2017 CURRENT CASES�vorionces and appeals- amendment to zo�CAF October 232017.docx Page 1 City Council Action: The Planning Commission recommended that all references to City Council decision for any appeal and variances be amended from "a simple majority vote of the full City Council" to "a simple majority vote of a quorum of the City Council ". Variance Criteria: The Planning Commission directed staff to review state statute language regarding the practical difficulties criteria (no. 2). The draft language staff sent to them said: "Practical difficulties mean that the property owner proposes to: (a) use the property in a reasonable manner..." and included parts (b) and (c). The Planning Commission found the language wasn't clear when applied to the other listed criteria. Staff reviewed the statute and revised the language to read, "Practical difficulties mean: (a) The property owner proposes to use the property in a reasonable manner...." The language is now clear when applied to parts (b) and (c) and is an exact match to state statute. Variance - Planning Commission Action: The Planning Commission was generally supportive of reviewing applications without a public hearing, but was concerned that taking public testimony at a public meeting is only optional, even though it is common practice. Consequently, they added language that requires the Planning Commission to take public testimony. Financial or Budget Considerations: NA Options: Adopt the draft code amendment; modify the amendments; or refer the amendments back to staff. Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation and recommends approval. Staff provide the following draft motions: Move to approve ordinance amending Section 1201.05 of the zoning regulations titled "Administration, Variances and Appeals ". Motion, second and simple majority vote required. Move to approve summary publication ordinance and the text of the summary pursuant to MN Statute 331A.01 which would inform the public of the intent and effect of the ordinance without publishing the entire ordinance. Motion, second and four - fifths vote required. Next Steps and Timelines: Once adopted, the summary will be published in the official newspaper. Once published, it becomes effective. All applications received prior to publication in the official newspaper would be reviewed under the existing standards. Connection to Vision / Mission: Zoning contributes to a healthy environment and provision of quality public services. o, CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: October 3, 2017 RE: Zoning Ordinance Text Amendment — Variances and Appeals FILE: 17.24 (Zoning Regulations, Section 1201.09) Shorewood's variance and appeal processes were drafted to allow the city to both hear appeals and review variances based on the enabling legislation (Minnesota Statute 462.357). Staff drafted amendments to this section of code to more closely mirror the state statutes, reduce the staff process, and ensure that variance applicants are directly addressing what practical difficulties justify their request. Definitions of the two types of applications: An appeal is a request to the Planning Commission and City Council to review and overturn an administrative (employee) decision or interpretation of the zoning regulations. Essentially, an appellant maintains that an employee made an error when they interpreted the ordinance, enforced a regulation, or otherwise acted in violation of the zoning ordinance language. A variance is a request to the Planning Commission and City Council to allow a deviation in the application of the zoning ordinance as it applies to a property because of a practical difficulty that exists on a specific piece of property. Essentially, a variance allows the applicant the ability to construct or place something on a property that the regulations would allow elsewhere on the lot, construct more on a lot than would otherwise be allowed, or validate a nonconforming lot or structure. State statute does not permit cities to allow uses on a property by variance that aren't allowed in the zoning district. As an example, the city couldn't allow someone to open a new gas station on a property zoned only for residential uses. Page 2 Process: The current regulations combine the two types of applications together and require the same process for both, including a public hearing and notice sent to all neighbors within 500 feet of the property. Because the two requests are substantially different, I've divided the two different types of requests into separate processes. As proposed, the new processes would proceed as follows: • Appeals are directed to the Planning Commission and City Council for review at public meetings rather than public hearings, but are not required to be noticed to adjacent property owners. Variances are directed to the Planning Commission and City Council for review at public meetings. These requests are noticed to all property owners within 500 feet. Public Hearings vs. Public Meetings - What's the difference? Are public hearings effective notice to the public? An item reviewed at a public hearing is published in the city's official newspaper, notices are sent to the property owners within a specified distance (usually 500 feet) and listed on the agenda for the Planning Commission meeting. During a public hearing, anyone from the public may request to speak and state their concerns. An item reviewed at a public meeting can be sent to all property owners within a specified distance (usually 500 feet) and listed on the agenda for the Planning Commission meeting. During a public meeting, anyone from the public may request to speak and state their concerns. The Planning Commission doesn't have to allow residents to speak during a public meeting, but Shorewood's practice includes allowing any attendee to voice their concerns. Consequently, the only difference between the two types of meetings is the requirement to publish a notice in the official newspapers for a public hearing. When the process for planning applications was initially designed, publication in the paper was an effective way of notifying the public. Staff finds that times have changed and published notices are generally ignored while other methods of publicizing applications are more effective. These include: Holding a meeting at the Planning Commission to discuss the request and make a formal recommendation. State statute does not require the Planning Commission to review either variances or appeals, only the City Council (acting as the Board of Zoning Appeals). Having the Planning Commission provide a recommendation, with the publication requirements for the meetings and agendas is an effective means of communicating to the public and beyond what is required by statute. • For variance applications, sending a letter to the adjacent homeowners is the most effective means of publicizing the request and have proven to be an effective means of public notice. Nearly every caller or speaker for a variance application indicates they got the letter. Because the publication is less effective than the above, staff recommends reviewing appeal and variance applications without a public hearing. Additionally, for appeal applications, letters to Page 3 adjacent homeowners are superfluous because the specific regulation being appealed may apply to the entire city, all properties within a specific zoning district, or all similar properties. As an example, a resident may appeal the definition of impervious surface or treehouse. The outcome of an appeal is usually one of the following two options: Overturn the staff action: The appellant is returned to the correct process or activity. Notification to neighbors is decided by the applicable process. 0 Uphold the staff action: The appellant corrects or stops the activity. Criteria for variance applications The variance criteria are the foundation for both requesting and approving variances. Staff amended the criteria to ensure the applicant is addressing and defining what the specific practical difficulties are that justify the application. The current code includes practical difficulties in the purpose statement, but does not require that they be addressed directly. Staff also made wording changes to the remainder of the criteria to better follow state statute and the purpose of a variance. Procedures Staff proposes some minor alterations to the procedures established in code. Most notable is the allowance for staff to request additional information at the applicant's expense as may be needed to review the application, such as a wetland delineation, traffic study, drainage reports, etc. Applications in process Any applications submitted prior to publication of the ordinance will be reviewed under the existing regulations. ATTACHMENTS: Proposed Ordinance Amendment Existing Ordinance CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 3, 2017 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:02 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Bean, Davis, and Riedel; Planning Director Darling; and, Council Liaison Johnson Absent: Commissioner Sylvester 1. APPROVAL OF AGENDA Bean moved, Davis seconded, approving the agenda for October 3, 2017, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES • August 1, 2017 Davis moved, Riedel seconded, approving the Planning Commission Meeting Minutes of August 1, 2017, as presented. Motion passed 4/0. 3. PUBLIC HEARING A. 7:00 P.M. — CONSIDER ZONING CODE TEXT AMENDMENTS REGARDING SECTION 1201.05, ADMINISTRATION OF VARIANCE AND APPEALS; SECTION 1201.02, DEFINITIONS; AND SECTION 201.07 PLANNING COMMISSION POWER AND DUTIES Chair Maddy opened the Public Hearing at 7:04 P.M. Director Darling noted staff is proposing amendments to the Zoning Code which pertain to appeals and variances. She explained the current Code has combined those two types of applications into one set of regulations. Staff drafted the amendments to separate the two applications and processes. She reviewed the definitions for the two types of applications. An appeal is a request to the Planning Commission and City Council to review and overturn an administrative interpretation of the zoning ordinances or an employee's decision or a denial of a permit. Essentially, an appellant would be maintaining that an employee made an error when they interpreted the ordinance, enforced a regulation, or some similar issue. The current Ordinance requires that a public hearing be held for an appeal and that all property owners within 500 feet of the CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2017 Page 2 of 4 appellant's property be notified. Staff has proposed that all appeals come before the Planning Commission at a public meeting rather than at a public hearing. What the appellant is asking for is clarification of the rules or relief from what they believe is a staff error. A mailed notice would not be as direct as it is with, for example, variances and conditional use permits (C.U.P.$). Because the request for an appeal may be applicable city -wide rather than for just one specific property the owners of adjacent properties would not be notified. If an appeal is successful the appellant is returned to the correct process or activity and notification is decided by the applicable process. A variance is a request to allow a deviation in the application of the Zoning Ordinance as it applies to a property because of some practical difficulty that exists on a specific property. Essentially, it allows the applicant the ability to do something that the zoning regulations say is not permissible because of some outstanding circumstance. The current Ordinance requires that a public hearing be held and that all property owners within 500 feet of the applicant's property be notified. Staff has proposed that variances come before the Planning Commission at a public meeting rather than a public hearing and to continue to notify all property owners within 500 feet of the applicant's property. Staff has also proposed amendments to the criteria for reviewing a variance and some alteration to the procedures. The most notable proposed change is to remove the requirement to hold a public hearing from the review of either application. When the requirement to hold a public hearing was initially included in the City's Ordinances it was an effective means to communicate public action; people used it to find out what the government was reviewing, what it was hearing and how it was changing the rules. Today, more residents electronically subscribe to newspapers or they do not subscribe at all. Few residents read the public notice sections in newspapers. Staff is more likely to receive calls or questions about items posted for Council's review on the City's website or from agendas for public meetings emailed to interested residents. Staff thinks the effectiveness of public notice is negligible. Commissioner Bean asked if public testimony would be taken during a public meeting. Director Darling stated that could be done but it is not a requirement. Bean stated he never thought that taking public testimony would be optional. He then stated he agrees that an appeal does not necessitate notifying other property owners. But, he has some question about not holding a public hearing for variance applications. In response to a question from Commissioner Riedel, Director Darling explained the notice of a public hearing has to be published in the City's Official Newspaper which is the Sun Sailor. The City may also publish it in the Lakeshore Weekly News. The cost to publish one hearing notice is $100. Riedel then stated those published public hearing notices reach only a small percentage of residents. With regard to Section 1201.05 Administration, Variances and Appeals, after discussion the following changes were recommended to what staff proposed. • Subd.2.a.(3) — It was changed to read "Filed within 14 days of the date the administrator's decision was mailed ". • Subd.2.d. — "... appellant or a representative thereof shall appear ..." was changed to "... appellant or a representative thereof may appear...". • Subd.2.e. — It was changed to read "... passage by a simple majority vote of a quorum of the City Council." • Subd.3.a.(2) — Change "Practical difficulties mean that the property owner proposes to:" to "Practical difficulties mean:" and change Subd.3.a.(2)(a) to read "Use of the property in a reasonable manner is not permitted by this Chapter." Staff will review the wording of this. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2017 Page 3 of 4 Subd.3.b.(4) — "... applicant or a representative thereof shall appear ..." was changed to "... applicant or a representative thereof may appear...". Subd.3.b.(6)(a) — It was changed to read "... passage by a simple majority vote of a quorum of the City Council." Subd.3.b.(6)(c) — It was changed to read made by not less than a simple majority vote of a quorum of the City Council." Council Liaison Johnson stated Director Darling's staff report for this item states "The Planning Commission doesn't have to allow residents to speak during a public meeting, but Shorewood's practice includes allowing any attendee to voice their concerns." He asked if changing the consideration of variances and appeals to be during public meetings he asked if that would allow the opportunity for future Councils and /or Planning Commissions to shut down the opportunity for taking public testimony. Commissioner Riedel asked if there is a way to avoid publishing the notice of a public hearing in the City's Official Newspaper. Director Darling stated no. Commissioner Bean asked if it would be possible to stipulate that public testimony shall be taken during any public meeting. Council Liaison Johnson noted he was going to suggest that same thing. There was Planning Committee consensus to have the City's Ordinance stipulate that public testimony must be taken during any public meeting for consideration of a variance. Council Liaison Johnson suggested adding one sentence to Subd.3.b.(3) Public Meeting which states "Public testimony will be heard." Director Darling suggested adding "and take public testimony" to the end of Subd.3.b.(4). There was Planning Commission consensus to add to the end of Subd.3.b.(4) "The Planning Commission shall take public testimony ". Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony portion of the Public Hearing at 7:59P.M. Bean moved, Davis seconded, recommending approval of the proposed ordinance amending the Zoning Code as it pertains to variances and appeals subject to making the changes recommended above. Motion passed 4/0. Chair Maddy closed the Public Hearing at 8:00 P.M. 4. OTHER BUSINESS A. Discuss Meeting Date for November Director Darling stated the next regular Planning Commission meeting is scheduled for November 7 at 7:00 P.M. while noting that is an election day. The options are to start the meeting at 8:00 P.M. after the polls close or to reschedule it for November 21. Commissioner Bean noted November 21 is the week of Thanksgiving and noted that he would not be in attendance on November 7. There was Planning Commission consensus to change the start time of the November 7 to 8:00 P.M. If it appears there could potentially be a long line of voters waiting to vote for the School Board election then the meeting will be moved to November 21. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2017 Page 4 of 4 B. Determine Liaison Schedule for October through December Liaisons to Council were selected as follows: October 2017 Commissioner Riedel November 2017 Commissioner Davis December 2017 Commissioner Bean January 2018 Chair Maddy February 2018 Commissioner Sylvester 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. REPORTS Liaison to Council Report by Councilmember Johnson Council Liaison Johnson reported on matters considered and actions taken during Council's September 25, 2017 meeting (as detailed in the minutes for that meeting). He had a strong focus on the conditional use permit (C.U.P.) application for a drive -thru service window for a proposed coffee shop. Director Darling elaborated on that. There was ensuing discussion about the proposed coffee shop and traffic in general in that area. Update on Projects Approved Director Darling stated that Council had adopted a resolution granting a conditional use permit and a lot width variance to build on a substandard lot to Mark and Karleen Leslie, 28241 Boulder Circle, during its August 28 meeting. Draft Next Meeting Agenda Director Darling stated there are an amendment to a planned unit development, a lot line rearrangement, and a variance slated for the November 7, 2017, Planning Commission meeting. 7. ADJOURNMENT Davis moved, Bean seconded, Adjourning the Planning Commission Meeting of October 3, 2017, at 8:17 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder 1201.04 Shorewood - Zoning and Subdivision Regulations 1201.05 for granting the interim conditional use permit shall be followed when considering revocation of an interim conditional use permit. (1987 Code, § 1201.04) (Am. Ord. 383, passed 3 -25 -2002; Am, Ord. 389, passed. 8 -12 -2002) 1201.05 ADMINISTRATION, VARIANCES AND APPEALS. Subd. 1. Purpose. The purpose of this section is to provide for: a. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter; and b. Variances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and to grant the variances only when it is demonstrated that the actions will be in keeping with the spirit and intent of this chapter. Subd. 2. Conditions governing consideration of variance requests. a. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council serving as the Board of Adjustments and Appeals shall make a finding of fact that the proposed action will not: (1) Impair an adequate supply of light and air to adjacent property; (2) Unreasonably increase the congestion in the public street; (3) Increase the danger of fire or endanger the public safety; (4) Unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of this chapter; (5) Violate the intent and purpose of the City Comprehensive Plan. b. A variance from the terms of this chapter shall not be granted unless it can be demonstrated that: (1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district: 1201 -94 2012S-7 1201.05 Zoning Regulations 1201.05 (a) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness or shape of the property; (b) Special conditions and circumstances may not be primarily economic in nature; (2) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by properties in the same district under the terms of this chapter; (3) The special conditions and circumstances are not the result of actions by the property owner or previous property owner; (4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district. C. Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure or building and that the variance is the minimum variance necessary. Subd.3. Procedure. a. Application. Appeals or requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council resolution. This fee shall not be refunded. The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development or use and a mailing list of property owners located within 500 feet of the subject property obtained from and certified by Hennepin County. b. Staff review /technical assistance reports. Upon receipt of an application for appeal or variance, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and /or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. 1201 -95 2012S-7 1201.05 Shorewood - Zoning and Subdivision Regulations 1201.05 C. Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for the next regularly scheduled Planning Commission meeting occurring at least ten days from the date as a notice of the hearing is published in the official newspaper. The notice shall contain a legal property description and description of the request and shall be all no more than 30 days and no less than ten days prior to the hearing. Written notification of the hearing shall also be mailed at least ten days prior to the date of the hearing to all owners of land within 500 feet of the boundary of the property in question. • Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. d. Planning Commission action. The Planning Commission shall conduct the public hearing, at which time the applicant or a representative thereof shall appear to answer questions concerning the proposed request. (1) The Planning Commission shall consider possible adverse effects of the appeal or variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in subdivision d(2) of this section. (2) The Planning Commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request. (3) The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administrator for referral to the City Council. e. Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report or recommendation on the agenda of the next regularly scheduled meeting of the City Council. f. City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact. (1) Approval of a request shall require passage by a simple majority vote of the full City Council. 1201 -96 2012S-7 1201.05 Zoning Regulations 1201.05 (2) The Council may impose any condition it considers necessary to protect the public health, safety and welfare, provided such conditions are directly related to and bear a rough proportionality to the impact of the variance. (3) Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made by not less than a simple majority vote of the full City Council. (4) The City Council serving as the Board of Adjustment and Appeals shall, after receiving the written report and recommendation of the Planning Commission and the city staff, make a finding of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter. However, the appeal shall be filed not later than 90 days after the applicant has received a written notice from the Zoning Administrator or the appeal shall be considered void. Subd. 4. Lapse of variance or appeal. Whenever within one year after granting a variance or appeal, the use as permitted by the variance or appeal shall not have been completed or utilized, then the variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. The petition shall be presented to the Planning Commission for a recommendation to the City Council for a decision. Subd. 5. Performance bond. In the cases as a variance or appeal is approved contingent upon certain conditions imposed by the Council, the Council may require a performance bond to be provided. a. Upon approval of a variance or appeal, the city shall be provided with a surety bond, case escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements 1201 -97 2012S-7 1201.05 Shorewood - Zoning and Subdivision Regulations 1201.06 or development. The security shall be noncancellable and shall guarantee conformance and compliance with the conditions of the variance or appeal and the ordinances of the city. b. The security shall be in the amount of one and one -half times the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements* or development. C. The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance or appeal and ordinances of the city has been issued by the City Building Official. d. Failure to comply with the conditions of the variance or appeal and the ordinances of the city shall result in forfeiture of the security for action necessary on the part of the city to correct problems or deficiencies. Subd. 6. Property survey. In those cases where a stipulated requirement of this chapter has been modified through the granting of a variance or appeal, a property survey prepared by a registered land surveyor shall be submitted, outlining lot dimensions, setbacks and buildings. The survey shall be a condition of the variance or appeal and shall be submitted prior to the initiation of any improvement on the property in question. (1987 Code, § 1201.05) (Am. Ord. 383, passed 3 -25 -2002; Am. Ord. 485, passed 11 -14 -2011) 1201.06 ADMINISTRATION, PLANNED UNIT DEVELOPMENT. Subd. 1. Purpose. This section is intended to allow flexibility within zoning districts while maintaining land use compatibility with surrounding neighborhoods. Subd. 2. Application. Within the zoning districts contained in §§ 1201.10 through 1201.23, planned unit development is allowed by conditional use permit. Land use and densities are limited to land uses and densities specified in each of the individual districts. Subd. 3. Special procedures. The establishment of a PUD by conditional use permit shall be subject to the procedures and requirements for conditional use permits as set forth in § 1201.04 of this chapter and the standards and criteria set forth in § 1201.25 of this chapter. Each of the three stages of the review process shall require a separate application. (1987 Code, § 1201.06) (Ord. 208, passed 4 -11 -1988) f K1101 2012S-7 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE AS IT PERTAINS TO ZONING REGULATIONs FOR VARIANCES AND APPEALS Section 1. City Code Chapter 1201.05 is hereby amended as follows: 1201.05 ADMINISTRATION, VARIANCES AND APPEALS. Subd. 1. Purpose. The purpose of this section is to provide for: a. Administrative Appeal. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter—,and. b. Variance. A Vvariances - process to allow deviations from the 'strict provisions of this chapter including those hose placed on nonconformities. i the .,bons will be in keeping w it the s fit and intent of this ,.i apte, The variance process is neither appropriate nor applicable to allow a use on a property that is not permitted in the zoning district. Subd_ 2. Administrative Appeal. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Chapter and shall be submitted to the Zoning Administrator as indicated below. a. Filing. The request for an appeal shall be submitted in writing and: (1) Submitted by the property owner or their agent and include contact information for both parties. (2) State the specific grounds upon which the appeal is made. Filed within 14 days of the date the administrative decision was mailed or sent by electronic mail. (4) Include the fee as required by Section 1301.02. b. Notice to Appellant. The Zoning Administrator shall notify the appellant of the date and time of the Planning Commission and City Council meetings where the request will be heard. C. Stay of Proceedings. An appeal stays all proceedings and the furtherance of the action being appealed, unless a stay would cause imminent peril to life and property. d. Planning Commission action. The Planning Commission shall review the appeal at a public meeting, at which time the appellant or a representative thereof may appear to answer questions concerning the he request. (1) The Planning Commission shall consider possible adverse effects of the appeal. 2) The Planniniz Commission shall make a findiniz of fact and ma recommend any actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation of the Planning Commission shall be forwarded to the City Council at a regularly scheduled meeting_ e. City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact within the time allowed by Minnesota Statute. Action on the request shall require passage by a simple majority vote of a quorum of the City Council. f. Decision. The Zoning Administrator shall send the appellant a copy of the final order of the City Council by mail. g_ Appeal of Council Action. Any_person(s) aggrieved by any decision of the Board shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced. Subd. 3. Variances. Cenditiens — o side fatter ,.fv.,,-;. nee fe ests a. Criteria. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council, serving as the Board of Adjustments and Appeals, may approve a variance application upon shall Minding that all of the following criteria, as applicable, are metthe pfepesed ae4ion will *et: (1) The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of this Chapter. (2) The applicant has established that there are practical difficulties in complying with this Chapter. Practical difficulties mean: a) The brobertv owner broboses to use the brobertv in a reasonable manner not permitted by this Chapter. (b) The plight of the landowner is due to circumstances unique to the property not created by the landowner. (c) The variance, if approved, would not alter the essential character of the locality. The variance would not be based exclusively on economic considerations. (4) The variance shall not (impair an adequate supply of light and air to adjacent property,; (2) —Uunreasonably increase the congestion in the public street; {3 "increase the danger of fire or endanger the public safety;_ (5) The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. (6) The variance is the minimum variance necessary to address or alleviate the practical difficulties. re��tr :�eeres�:�e�ssrs�eeeee�:��.. 3cs� i��'��i r.�eve��a u��ur.e��.�u.e ��wav�e��o�� •��Oi00�0i��rn�n��s�r.e�w .., 111 11.1 .111 1 111 11 J , I MTOP WN M74 c b. Procedure. (1) Application. Apps of (Requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council resolution. This fee shat not be refunded. The application shall also be accompanied by fl- e-three copies of a survey signed by a land surveyor licensed in the State of Minnesota, and detailed written and graphic materials fully explaining the proposed change, development or use, and a mailing list, mailing labels, abels, and a map of all property owners located within 500 feet of the subject property obtained from and eeftified -b -Hennepin County. (2) Staff review /technical assistance reports. Upon receipt of an application for appeal er variance, the Zoning Administrator, or designee, additional information or may obtain outside expert advice at the consent and expense of the applicant. the t ° that n f fin l r ��eq��te�te� to �le� °r° eemplied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also when deemed neeess The Zoning Administrator, or designee, shall inst et the appfopfiate staff p to pfepafeshall prepare technical reports and /or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. e(3) Public heafingme etin . Upon official submission of the request, the Zoning Administrator shall set ° publie h °schedule a public meeting on the request for athe -nex4 regularly scheduled Planning Commission meeting occurring at least ten days from the date as ° notice of the heafing is published in the offieilnewspaper. The notiee shall eentain a legal pfoper-ty desefiptio and desefiptio of the est and shall be publ;sl,° a no ° than 30 day and less than ten d the he g. Wwritten notification of the he g- public meeting is sent shall also b-e mailed at least t°„ days p r to the date of dhe l,°.,fi . to all property owners within 500 feet of the boundary of the subject property-mi-questien. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. d. (4) Planning Commission action. The Planning Commission shall conduct the public heafingme etin , at which time the applicant or a representative thereof may appear to answer questions concerning the proposed request. The Planning Commission shall also take public testimony. (1a) The Planning Commission shall consider possible adverse effects of the appea"f variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in subdivision d3 (2)4. of this section. (2b) The Planning Commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request with the consent and at the expense of the applicant. (R) The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administfatef. f r r°f°�°' to the City Council. e(5)- Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report or recommendation on the agenda of the nexta regularly scheduled meeting of the City Council. (6) City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold ., ubli . i.eafing if deemed neeessafy °„d ,ha4 make a recorded finding of fact. (1a) Approval of a request shall require passage by a simple majority vote of the frlka quorum of the City Council. (2b) The Council may impose any condition it considers necessary to protect the public health, safety and welfare, provided such conditions are directly related to and bear a rough proportionality to the impact of the variance. (R) Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made by not less than a simple majority vote of the-aquorum of thef M City Council. c„b.a n —(7)--Lapse of variance or appea . Whenever within one year after granting a variance ofappeal, the use as permitted by the variance of appeal shall not have been completed or utilized, then the variance of appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance of . The Zoning Administrator shall present the request peWien shall be „r°s °„* °d to the Planning Commission f r ° ° °,,datio to the City Council for a decision. (8) Appeal. Any person aggrieved by any decision of the City Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462. S4d. c. C. Performance bend agreement. In the cases as–a variance of appeal is approved contingent upon certain conditions imposed by the Council, the Council may require a performance bend-agreement to bepfevided executed. 1) The agreement shall be drafted by staff and executed by the applicant and the City Council. The agreement shall include: (a) The terms of work and penalties for non - compliance in a form agreeable to the City Attorney. (b) Authorize acceptance of a financial guarantee to ensure the applicant completes the project per plan. Rom .� c„b.a n —(7)--Lapse of variance or appea . Whenever within one year after granting a variance ofappeal, the use as permitted by the variance of appeal shall not have been completed or utilized, then the variance of appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance of . The Zoning Administrator shall present the request peWien shall be „r°s °„* °d to the Planning Commission f r ° ° °,,datio to the City Council for a decision. (8) Appeal. Any person aggrieved by any decision of the City Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462. S4d. c. C. Performance bend agreement. In the cases as–a variance of appeal is approved contingent upon certain conditions imposed by the Council, the Council may require a performance bend-agreement to bepfevided executed. 1) The agreement shall be drafted by staff and executed by the applicant and the City Council. The agreement shall include: (a) The terms of work and penalties for non - compliance in a form agreeable to the City Attorney. (b) Authorize acceptance of a financial guarantee to ensure the applicant completes the project per plan. *The applicant shall provide the city shall be p,-,.vide,a with a letter of credit °ttretyjaend, ease esefew, eeftifieate of deposit seeufities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall be nonea eellab'° automatically renew with a minimum of two months' notice prior to cancellation and shall be used to guarantee conformance and compliance with the conditions of the variance of appeal and the ordinances of the city. b. —(3) The seeufity-financial guarantee shall be in the amount of one and one -half times the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements or development. (4) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance of appeal and ordinances of the city has been issued by the City Building Official. d. Failure to comply with the conditions of the variance Of '-and the ordinances of the city shall result in forfeiture of the security for action necessary on the part of the city to correct problems or deficiencies. Section 2. This Ordinance shall be in full force and effect upon publication in the Official Newspapers of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 2017. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk (Official Publication) CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE (SUMMARY PUBLICATION) AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO VARIANCES AND APPEALS FOR THE CITY OF SHOREWOOD THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: CHAPTER 1201.05 ADMINISTRATION, VARIANCES AND APPEALS: The amendments separate the applications for variance and appeal into separate processes, remove the requirement for a public hearing and amend the regulations for appeals and variances. The amendments in their entirety are available for review in the City Clerk's office. ADOPTED BY THE SHOREWOOD CITY COUNCIL OCTOBER 23, 2017. S/S Sandie Thone City Clerk #9A MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: MN DOT Local Road Improvement Program Grant Application. Meeting Date: October 23, 2017 Prepared by: Greg Lerud, City Administrator Reviewed by: Alyson Fauske, City Engineer Attachments: Application and Resolution for Approval Policy Consideration: Should the City Council approve a grant application to the MN DOT to assist with improving the Country Club Corridor? Background: The issues surrounding the Country Club Corridor (Country Club Lane — Yellowstone Trail — Lake Linden Drive) are well known. This roadway has been identified by the traffic committee and the city council as having numerous safety concerns — primarily due to it being a "cut- through" for North - South traffic, and also for lack of a separate trail for pedestrian and bike traffic. These situations are not likely to improve as the Minnetonka Country Club and development around the intersection of CR 19 and Smithtown occurs. If the city is awarded the grant, there are costs the city will have that are not, through this program, matching. Those costs include proposed trail improvements, land acquisition, and storm water control. Staff will work with other agencies to see if we can find a partner to work with the city on those other improvements. Financial or Budget Considerations: The DOT program provides for a matching grant up to $1,000,000 for roadway improvements. Costs such as trails and property acquisitions are not eligible to be included for the matching funds requirements. The city engineer estimates that the roadway costs will be more than $2M, which provides the required match. Options: The council can: adopt the Resolution as submitted or as the council may choose to modify, or not approve the Resolution. Recommendation / Action Requested: Given the deficiencies in the street and the opportunity to obtain outside funding to assist with the cost, staff recommends approval of the application and adoption of the Resolution. Next Steps and Timeline: Staff will work with WSB on finalizing the application and submit it before the deadline. 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 COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 17- APPROVING APPLICATION FOR 2017 LOCAL ROAD IMPROVEMENT PROGRAM FUNDING FOR THE COUNTRY CLUB ROAD CORRIDOR IMPROVEMENT PROJECT WHEREAS, Country Club Road, Yellowstone Trail, and Linden Drive form an important link between the southern and northern portions of the City of Shorewood; and WHEREAS, Country Club Road, Yellowstone Trail, and Linden Drive provides access to two regional transportation facilities and link residential areas with commercial nodes within the community; and WHEREAS, the City of Shorewood intends to upgrade these roadways to accommodate traffic in the area and provide opportunities for non - motorized users; and WHEREAS, Country Club Road, Yellowstone Trail, and Linden Drive improvements will upgrade the roadways to state aid standards and will incorporate a multiuse trail; and WHEREAS, the Local Road Improvement Program (LRIP) administered by the Minnesota Department of Transportation makes available up to $1,000,000 to apply towards projects on local roads that are regionally significant, result in safety improvements, and address transportation deficiencies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the City Council supports the City's pursuit of Local Road Improvement Program (LRIP) funding and authorizes staff to prepare and submit such application. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 23rd day of October 2017. Scotty Zerby, Mayor ATTEST: Sandie Thone, City Clerk M11 DEPARTMENT OF TRANSPORTATION Local Road Improvement Program 2017 Application Form State Aid For Local Transportation A. Applicant Information 1. Title: Ms. 2. First Name: Alyson 3. Last Name: Fauske 4. Phone Number: 763 - 512 -5244 5. E -mail: afauske @wsbeng.com 6. Agency: City of Shorewood 7. Agency Position: City Engineer 8. Street Address: 5755 Country Club Road 9. Additional Address Line: 10. City: Shorewood 11. State: MN 12. Zip Code: 55331 13. Is the applicant a sponsor on this project? No B. Project Location 1. MnDOT District: 05 - Metro 2. County: Hennepin 3. City: Shorewood 4. Township: NA 5. Name of Road: Country Club Road Corridor 6. Type of Road: Municipal State Aid Street 7. Road Authority *: State Aid City 8. Road Authority Name *: City of Shorewood 9. Project Termini: From TH 7/TH41 10. To: CSAH 19 (Smithtown Road) *Complete if road authority is not the applicant. C. Project Description 1. Select type of project. Reconstruction 2. Provide a detailed description of the proposed project (2,000 character limit). Country Club Road, Yellowstone Trail, and Lake Linden Drive (collectively referred to as the "Country Club Rd. Corridor ") form a key north -south connection within the City of Shorewood, linking the City and areas to the north with two major highways: Trunk Highway (TH) 7 and TH 41. These roadways also provide connections to a regional trail (the Lake Minnetonka LRT Trail) and a regional park (Lake Minnewashta Regional Park). Each of the roadways is a two -lane municipal state aid roadway with a speed limit of 30 miles per hour. Lake Linden Dr. forms the north leg of the TH 7 /TH 41 intersection, where it curves west and north around a shopping center to an all- way- stop - controlled T- intersection with Yellowstone Tr. The project continues along Yellowstone Tr. generally to the west before turning north onto Country Club Rd. at another all- way -stop- controlled T- intersection. Portions of Country Club Rd. and Lake Linden Dr. include sidewalk or narrow bituminous trail; however, dedicated bicycle /pedestrian facilities are not provided throughout the corridor. The Country Club Rd. Corridor provides important links between residential areas and commercial nodes within the community; however, the roadways that comprise the corridor do not meet current standards nor provide multi -modal users with continuous dedicated facilities. Additionally, the City would like to upgrade the roadways to accommodate increased traffic in the area associated with development. To bring these roadways up to current standards and provide continuous dedicated non - motorized facilities, reconstruction is proposed along these roadways, with the addition of multi -use trail. httP: / /www. dot .state.mn.us /stateaid /Irip.htmI 1 I P a g e M1 DEPARTMENT OF TRANSPORTATION Local Road Improvement Program 2017 Application Form State Aid For Local Transportation C. Project Description The proposed project includes reconstructing and upgrading Lake Linden Dr. between TH 7 and Yellowstone Tr., Yellowstone Tr. between Lake Linden Dr. and Country Club Rd., and Country Club Rd. between Yellowstone Tr. and CSAH 19 (Smithtown Rd.), and reconstructing or adding multi -use trail facilities along this corridor. D. Eligibility 1. Select the LRIP Account your project is eligible under. Routes of Regional Significance 2. Does your project meet one or more of the Routes of Regional Significance Criteria (select all that apply)? ❑ Farm to Market route ❑ Part of a 10 -ton route network ❑ Part of an economic development plan ® Connect to regional tourist destination ® Provides capacity or congestion relief to a parallel ® Is a connection to the IRC system, trunk highway trunk highway system or county road or a county road 3. Describe the project contribution to the local, regional or state economic development or redevelopment efforts (1,500 character limit). The project will contribute to the City's efforts to support economic development, maximize its tax base and support its continued population and employment growth. The roadways proposed to be upgraded support access to two regional transportation facilities and link residential areas with commercial nodes within the community. There are commercial centers located at both termini of the project. A newly - developing residential area which will add 142 residential units adjoins Country Club Road to the west and Yellowstone Trail to the north. In addition, the city has conducted an economic development study of the area around the intersection of CR 19 and Smithtown Road and concluded that the area is ripe for development which would include a retail as well as residential components. The city is presently in discussions with a developer for the properties. This development is expected to result in increased traffic and demand for efficient connections to local commercial destinations and regional highways. By upgrading the roadway facilities along the Country Club Road Corridor, the project will provide the infrastructure needed to support this growth in an orderly and efficient manner. Additionally, by completing a gap in the non - motorized transportation system, the project will enhance access to Lake Minnetonka and the Lake Minnetonka LRT Trail along with Lake Minnewashta Regional Park, key destinations for recreation and tourism in the area. E. Project Readiness 1. Construction Year: 2019 2. Does the project have any historical /archeological impacts? Not know at this time 3. Are there railroad impacts (railroad crossings or railroad tracks within 600' of the project)? No RR crossings or RR tracks within 600' httP: / /www. dot .state.mn.us /stateaid /Irip.htm1 2 1 P a g e M1 DEPARTMENT OF TRANSPORTATION Local Road Improvement Program 2017 Application Form State Aid For Local Transportation E. Project Readiness 4. What is the status of the engineering and design work on the project? Design in progress 5. What is the Right -of -Way (R /W) status of the project? Additional R/W is needed and is not yet acquired F. Safety 1. Is this project or components of this project identified in a County Safety Plan? Yes 2. If applicable, select the appropriate focus area your project /safety strategy align with in the Minnesota Strategic Highway Safety Plan. Lane Departure (run- off -road, head -on, sideswipes) 3. Identify the transportation deficiency, type of crash, or safety hazard this project is trying to address (1,000 character limit). Respond even if project is in a county safety plan or the Minnesota Strategic Highway Safety Plan. There are safety issues involving separation between motorized and non - motorized users, lack of shoulders, and visibility at intersections. Based on MnCMAT data for 2006 -2015, 43 crashes have occurred in the project area. Of these crashes, 29 occurred at a T intersection, including three non - incapacitating injury crashes and four possible injury crashes. Ten crashes occurred along a roadway segment. Twelve of the crashes were run - off -road crashes, nine were rear end crashes, and nine were left or right turn crashes. The contributing factor for seven of the crashes included failure to yield the right of way and five crashes were caused by inattentive /distracted drivers. By upgrading the roadways to state aid standards and adding a trail, the project will reduce the likelihood of run - off -road crashes and improve safety conditions for bicyclists /pedestrians by providing separation from other vehicles. 4. Describe how this project improves safety, reduce traffic crashes, fatalities, injuries, and property damages (1,000 character limit). Respond even if project is in a county safety plan or the Minnesota Strategic Highway Safety Plan. The Hennepin County Roadway Safety Plan identifies road departure crashes as one of its critical emphasis areas and it identifies pedestrian /bicycle crashes and run - off -road crashes as priority crash types to be addressed. The proposed project addresses the recommendations of the Safety Plan by providing widened, paved shoulders, which will help address road departure /run- off -road crashes along the corridor, and by providing separated pedestrian /bicycle facilities, which will help to minimize pedestrian /bicycle crashes along Country Club Road, Yellowstone Trail, and Lake Linden Drive. These improvements will enhance safety along the Country Club Road Corridor while accommodating increased traffic due to recent and planned development activity. G. Multimodal /Complete Street Identify infrastructure improvements for non - motorized users on this project (1,500 character limit). httP: / /www. dot .state.mn.us /stateaid /Irip.htm1 3 1 P a g e M1 DEPARTMENT OF TRANSPORTATION G. Multimodal /Complete Street Local Road Improvement Program 2017 Application Form State Aid For Local Transportation The existing Country Club Rd. Corridor includes multi -use trail along Lake Linden Dr. and along a short segment of Country Club Rd. Between these points, non - motorized users must use the roadway shoulder. Due to a narrower pavement width and increasing traffic volumes, the existing corridor does not provide a safe and comfortable connection for non - motorized users. The proposed improvements will reconstruct multi -use trail facilities along Lake Linden Dr. and will construct new trail facilities along Yellowstone Tr. and Country Club Rd. The project will complete a gap in the City's non - motorized transportation network and will support connections to the Lake Minnetonka LRT Regional Trail. The new facilities will also connect to an existing trail along TH 41, which provides bicycle and pedestrian access to Lake Minnewashta Regional Park and Minnetonka Middle School West. Additionally, the facilities will connect to commercial nodes and to multi -use trail facilities planned as part of the Minnetonka Country Club Redevelopment on the west side of Country Club Rd. The project is consistent with complete street policies for providing safe and accessible facilities for all users. In addition, the sidewalk and trail facilities will be ADA- compliant with accessible curb ramps and truncated domes at the intersections. The facilities will improve safety for bicyclists and pedestrians by providing a continuous dedicated facility separating users from motor vehicle traffic. H. Estimated Project Cost Source of Funding 1. LRIP Request: 1,000,000 PLEASE CONFIRM THE FUNDING 2. Federal Funds: 0 REQUEST AMOUNT AND FUNDING 3. State Aid Funds: 0 SPLITS 4. Local /Other Funds: 0 5. Total Project Cost: 0 I. Attachments Pq At least one project location map with routes labeled ❑ Engineer's Estimate with an itemized breakdown ® Project schedule ® Local agency resolution ❑ Sponsor agency resolution (if applicable) ❑ Letters of concurrence or support ATTACHMENTS STATUS: Complete In process by WSB /City Complete In process by City NA When you are ready to submit the application, save the application form with LRIP, agency and road in the name of the document; e.g. LRIP_RamseyCounty_CSAH30.docx. The application and attachments are due November 3, 2017 for county and state aid city applicants and December 1, 2017 for township and non -state aid city applicants. Applications and attachments should be submitted electronically to saltirhelp.dot @state.mn.us. httP: / /www. dot .state.mn.us /stateaid /Irip.htm1 4 1 P a g e m DEPARTMENT OF TRANSPORTATION Local Road Improvement Program 2017 Application Form State Aid For Local Transportation More information on the program is available on the Local Road Improvement Program website, http: / /www. dot. state.mn.us /stateaid /Irip.htm1. If you have questions regarding this solicitation, contact Patti Loken at 651- 366 -3803 or Patti.Loken @state.mn.us. httP:/ /www. dot .state.mn.us /stateaid /Irip.htm1 5 1 P a g e .. . i �� ■ ■� _ _ � III ,.��11 - IN . ■ - im Bud �IIII �� .,��, � ►fit � 1 � �I�� Vii. ••��. ��11 ., so � ► �� ..1� ,' Minnetonka Middle School West �■■�� 4 a 41 7 AW' Ili: . . -... .. .. - I ... -- PLEASE CONFIRM SCHEDULE Attachment 3: Country Club Road, Yellowstone Trail, and Lake Linden Drive Improvements City of Shorewood 2017 LRIP Application Project Schedule Anticipated • • • Dates Submit Construction Plans for November 2018 State Aid Review Construction Plan Approval _ December 2018 Project Letting March 2019 Begin Construction April 2019 Construction Completion October 2019 #9B MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Termination of Cathcart Park Agreement with Chanhassen Meeting Date: October 23, 2017 Prepared by: Greg Lerud, City Administrator Reviewed by: Larry Brown, Public Works Director and Tim Keane, City Attorney Attachments: Termination Agreement and Existing Maintenance Agreement Policy Consideration: Should the City Council terminate the agreement with the City of Chanhassen to operate and maintain Cathcart Park? Background: Cathcart Park land is owned by the City of Shorewood. Prior to 1993, the City of Shorewood exclusively maintained the park and park infrastructure. In 1993, the Cities signed an agreement the described the responsibilities each city had with regard to park maintenance and operation. During the Parks Commission /City Council park tours earlier this year, some needed maintenance conditions were noted and there was some disagreement about who was responsible for the maintenance. City staff of both cities have met in the past to resolve the matter, but it is Shorewood's city staff's position that because the land is owned by the city of Shorewood, it is Shorewood's obligation to maintain this park to a level to which our citizens are accustomed. Financial or Budget Considerations: There are no additional capital expenses in cancelling this agreement. The City of Shorewood has always been responsible for park expenses, but also has had exclusive discretion in what improvements are done. Public Works staff has already been doing most of the park maintenance since mid - summer. There is approximately four hours per week in additional staff time to maintain the park. Options: The council has previously considered the idea of taking back the responsibility for all of the maintenance, but the council can certainly change its mind and not approve the termination agreement. Or the council can modify the attached cancellation agreement and submit to Chanhassen for their consent. Recommendation / Action Requested: Staff recommends approval of the agreement as presented in the attached form. Next Steps and Timeline: Chanhassen City Council meets on Oct. 23rd as well, and this agreement is on their agenda. If the council approves the termination agreement, staff will work on obtaining an originally signed document. In addition, staff is preparing a detachment - attachment joint annexation resolution that will be on a future council agenda. 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 TERMINATION OF JOINT AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND THE CITY OF SHOREWOOD THIS AGREEMENT dated , 2017 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Chanhassen "), and the CITY OF SHOREWOOD, a Minnesota municipal corporation ( "Shorewood ".) 1. Background. In 1993, Chanhassen and Shorewood entered into an agreement for the operation and maintenance of Cathcart Park ( "Agreement "). 2. Termination. The Agreement is hereby terminated effective immediately and neither party shall have further responsibility or liability to the other relating to Cathcart Park. CITY OF CHANHASSEN BY: Denny Laufenburger, Mayor AND: Todd Gerhardt, City Manager CITY OF SHOREWOOD BY: Scott Zerby, Mayor AND: Sandie Thone, City Clerk 194538v1 STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2017, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Scott Zerby, Mayor, and by Sandie Thone, City Clerk, of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON, P.A. 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452 -5000 [RNK] 194538v1 J'01NT AGREM(ENT BETWEEN THE CITY OF CHANHASSEN AND THE CITY OF SHOREWOOD IN REGARD TO THE OPERATION AND MAINTENANCE OF CATHCART PARK WHEREAS, the property ]mown as Cathcart Park, Lot 5, Schmidt Is Acre Tracts /Chi risen, (the Park) is subject to a deed restriction requiring it be used as a park; and WHEREAS, the Park is owned by the City of Shorewood but is located in and serves residents of the City of Chanhassen; and WHEREAS, the Cities of Chanhassen and Shorewood wish to maintain Cathcart as a qual.ity neighborhood park: THEREFORE the Cities of Chanhassen and Shorewood hereby agree to the following: Both municipalities shall treat Cathcart as their own municipal park in the matter of assessments for improvements. Neither' City will -specially assess the other for public improvements. The City of Shorewood wJ-11 improve the park in accorda.r.1ce with its Capital Improvement Program as it evolves over the years, coordinate programming for the use of facili-ties; and maintain all equipment, facilities, and buildinqs. T1ie City. of Chan-laassen- wl'!'l be responsilile for maint.e.nance 0---f all park greenery including grass mowing and maintenance, and install, and maintain landscaping (trees, and shrubs) as planned at its sole discretion. The planned parking lot will be constructed by the City of Shorewood. Parking lot maintenance including, patching, sealcoatinq, and overlaying will be the responsibility of the City of Shorewood. effect upon approval on execution. yor Sh;�-ewood City Adn,inistrator Date #9C MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Franchise Ordinance and Franchise Fee Ordinance Meeting Date: October 23, 2017 Prepared by: Greg Lerud, City Administrator Attachments: Proposed Franchise Ordinance, Proposed Fee Ordinance Policy Consideration: Should the City Council approve a Franchise Agreement and Fee with CenterPoint Energy? Background: At the Council -Staff retreat in February, there was an extensive discussion about how to pay for the street and storm water work in the Capital Improvement Plan. Options discussed included continued reliance exclusively on the property tax levy, or considering assessments, franchise fees or some combination thereof to pay for the work. Each method has it merits and drawbacks, but the consensus of the council was that franchise fees offer an alternative source for funding that has several advantages over other revenue options, including; a lower regularly paid amount versus property taxes that are paid in large amounts two times per year; all properties, not just taxable properties, pay something toward the cost to maintain and improve city streets; finally, because access to roads is not based on the value of the property but rather is equally valuable to similar properties, each property with a the same sized meter (gas or electric) will pay the same amount. The ordinance attached to this memo was prepared by the city and sent to CenterPoint for their comments. We received their proposed revisions and are close to an agreement on the franchise ordinance as well as the fee ordinance. Financial or Budget Considerations: Staff has examined several factors in arriving at a proposed fee amount, including; street improvement needs, potential debt service schedule, fees in relation to other community franchise fee charges, and dividing up those needs between natural gas and electric franchises. There are a total of 2,866 natural gas accounts in the city. Ninety -seven percent of the accounts are residential. Staff is proposing the following rate schedule: Residential $ 4.00 month Com — A $ 4.00 month Com /Ind — B $10.00 month Com /Ind — C $25.00 month Based on the present census of the meters in the city, those rates will generate $11,893 per month. 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 Options: The council requested that prior to this franchise and fee being implemented, that the city makes sure it has given enough opportunity for residents to learn about it. For that reason, staff planned on two meetings for the council to discuss — tonight, and the November 13 council meeting. In addition, information about franchise fees is going out in the latest city news letter. Recommendation / Action Requested: No action requested tonight. Next Steps and Timeline: Staff will finalize the ordinances and add them to the November 13 city council agenda for approval. Assuming the council passes the ordinances, staff will then work with CenterPoint on implementation, which includes going through the MN Public Utilities Commission process for approval. Work continues on the electric franchise fee and the city will follow a similar process as that proposed ordinance is brought to the council for consideration. ORDINANCE NO. AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES CORPORATION, d/b /a CENTERPOINT ENERGY MINNESOTA GAS ( "CENTERPOINT ENERGY "), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF NATURAL GAS FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF SHOREWOOD, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The City Council of Shorewood, Minnesota ordains: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms shall have the following meanings: City. The City of Shorewood, Hennepin County, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by the City an or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing natural gas, electricity, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate natural gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., d /b /a CenterPoint Energy Minnesota Gas ( "CenterPoint Energy ") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Natural gas transmission and distribution pipelines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing natural gas service for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to the Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to City Administrator, City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331. Any party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Way. Any public right -of -way within the City as defined by Minnesota Statutes, Section 237.162, subd. 3. 1 Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for public use which land is not a Public Way. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. The City hereby grants the Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future, and also the right to transport Gas Energy through the limits of the City for use outside the City limits. For these purposes, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. The Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to a public right -of -way ordinance or permit requirements, and subject to the further provisions of this Ordinance, as may be amended.. 2.2 Effective Date; Written Acceptance. This Ordinance shall be in force and effect from and after its passage and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the Company does not accept this Franchise, the City Council by resolution may revoke this Franchise.. 2.3. Service and Gas Rates. The terms and conditions of service provided and the rates to be charged by the Company for natural gas service to its retail and wholesale customers within the City are subject to the jurisdiction of the Commission. 2.4. Publication Expense. The Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise ordinance by the time this Ordinance expires, this Ordinance will remain in effect until a new ordinance is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the Ordinance to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as 2 not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City's permit process. The Company's location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law. 3.2. Street Openings. The Company shall be subject to the requirements of the Shorewood Right -of -Way Ordinance Title 900. The Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance. Permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit i£ (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives telephone, email or similar notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, the Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Way or Public Grounds in accordance with Minnesota Rules, 7819.1100. The Company shall restore the Public Ways and Public Ground to as good a condition as formerly existed, and shall maintain the Public Ways and Public Ground in good condition for six months thereafter. All work shall be completed as promptly as weather permits. If the Company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage of a reasonable period of time following the demand, not to exceed five days, the right to make the restoration of the Public Way and Public Ground at the expense of the Company. The Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons, property, Public Ways and Public Grounds. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on such facilities by persons, property, or the elements. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Ground upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice will be given to the Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3 3.6 Mapping Information. If requested by the City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules, parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1. Relocation of Gas Facilities in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances with respect to the relocation of Gas Facilities within the Public Way or on Public Ground. 4.2. Relocation In Public Grounds. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Relocation shall comply with applicable city ordinances consistent with law. Nothing in this Section 4.2 shall be construed so as to invalidate or impair any existing company easements in Public Grounds. 4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Gas Facilities made necessary because of the extension into or through the City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.45 and 161.46. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. The Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The Company is not responsible for indemnifying the City for losses or claims occasioned through the City's negligence, but is obligated to indemnify the City for losses or claims arising out of or alleging the City's negligence as to the City's issuance of permits for, or inspection of, the Company's plans or work. 5.3. Defense of City. In the event a suit is brought against the City under circumstances where the Company is required to indemnify the City, the Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert every defense or immunity that the City could assert on its own behalf. The Company's defense of the City shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466 or any other law. 11 SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS. The City shall give the Company at least two weeks prior written notice of a proposed vacation of a Public Way or Public Grounds. The City and the Company shall comply with Minnesota Rules, part 7819.3100 and 7819.3200 with respect of any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat per meter basis, or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period.. 8.3 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through a previously agreed upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5 Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon notwithstanding the franchise expiration as provided in Section 2 above. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Statutes, Sections 216D.01 et seq. and Minn. Rules part 7819.3300 with respect to abandoned facilities located in Public Ways and Public Grounds, as those laws may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, and produce such records at the City's request and comply with the location requirements of Section 216D.04 with respect to all Gas Facilities, including abandoned and retired Facilities. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provision herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary or of any one or more of the terms hereof, or otherwise give rise to any cause of action to any third person. SECTION 11. AMENDMENT PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended, subject, however, to the City's police power and franchise rights under Minnesota Statutes, Sections 21613.36 and 30113.01, which rights are not waived hereby. This Franchise Ordinance may be amended by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. Passed by the City Council of Minnesota this day of 20 Mayor Attested: City Clerk ORDINANCE NO. CITY OF SHOREWOOD AN ORDINANCE OF THE CITY OF SHOREWOOD IMPLEMENTING A NATURAL GAS SERVICE FRANCHISE FEE FOR PROVIDING NATURAL GAS SERVICE WITHIN THE CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA The City Council of the City of Shorewood hereby ordains as follows: Section 1. Purpose. The Shorewood City Council has determined that it is in the best interest of the City to impose franchise fees on the utility company that provides natural gas service within the rights -of -way of the City. Pursuant to Minnesota Statutes, Section 216B.36 and the Franchise Ordinance, the City has the authority and right to impose franchise fees on the Company. The purpose of this ordinance is to establish such franchise fees to be paid to the City by the Company. The franchise fees will be used to partially fund the Cities cost to maintain the city street system. Section 2. Definitions. For the purposes of this Ordinance, the following capitalized terms shall have the following meanings: 2.1 City. The City of Shorewood, County of Hennepin, State of Minnesota. 2.2 Company. CenterPoint Energy Resources Corp.; dba CenterPoint Energy Minnesota Gas, its successors and assigns. 2.3 Franchise Ordinance. The franchise ordinance adopted by the City on , City Ordinance No. 2.4 Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to CenterPoint Energy shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, MN 55402. Notice to City shall be mailed to the City Administrator, City of Shorewood, 5755 County Club Road, Shorewood, MN 55331 -8926. Section 3. Natural Gas Franchise Fee. 3.1 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on the Company as described below, and in accordance with the following fee schedule: 1 4852 - 6913- 2619.1 Customer Classification Residential Com —A Com/Ind -B Com/Ind -C 3.2 Account Fee. Amount per Account per Month ($ $ 4.00 $ 4.00 $10.00 $25.00 a) This fee is an account based fee and not a meter based fee. In the event that an entity covered by this ordinance ahs more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the hightest possible fee amount shall apply. b) Separately metered space rented to tenants other than the owner shall pay a fee for each tenant meter. 3.3 Payment. Franchise fees are to be collected by the Company commencing with the billing month, consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999 /CI -09 -970, and submitted to the City on the following schedule provided that the notice and publication requirements in Section 4 have been met: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. 3.4 Record Support for Payment. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non - collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company records for the purpose of verifying such statements. 3.5 Payment Adjustments_ Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non - collectible accounts. 2 4852 - 6913- 2619.1 3.6 Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of city residents to reimburse the Company for the cost of the fee. 3.7 Relation to Franchise Ordinances. This ordinance is enacted in compliance with the Franchise Ordinance and shall be interpreted as such. 3.8 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the comiplaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representtatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and other expenses of this dediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief as permitted by law. Section 4. Effective Date. 4.1 The effective date of this Ordinance shall be after its publication and ninety (90) days after sending written notice enclosing a copy of this adopted Ordinance to Company by certified mail. Adopted this day of 2017 by the City Council of the City of Shorewood. Scott Zerby, Mayor ATTEST Sandie Thone, City Clerk 4852 - 6913- 2619.1 #10A.2 MEETING TYPE City of Shorewood Council Meeting Item Regular Title / Subject: September 2017 General Fund Monthly Budget Report Meeting Date: October 23, 2017 Prepared by: Joe Rigdon, Interim Finance Director Reviewed by: Greg Lerud, City Administrator Attachments: September General Fund Revenues and Expenditures vs Budget September Cash and Investment Balances Policy Consideration: A General Fund budget report is provided to the City Council for review on a monthly basis. Background: The following information describes the unaudited financial results of the City's General Fund as of September 30, 2017. Comparisons between year -to -date amounts through September for revenues and expenditures are included to assist in gauging fund performance. r,anaral Find Revenues: • Property tax revenues for the General Fund were $2,654,194 through September 2017, which represents the first half of 2017 property tax collections, and equates to 51.2% of the total 2017 property tax levy of $5,180,996. The second half property taxes will be received in December 2017. • Licenses and permits amounted to 79.6% of budget, or $190,448 through September of 2017. The majority of the revenue consisted of building permits and plan check fees. As a comparison, licenses and permits revenues through September of 2016 were $171,459. • Intergovernmental revenues were $89,959 through 09/30/17, decreasing from $126,841 recorded in the prior year comparable period. The decrease was due to the receipt of Minnehaha Creek Watershed District funds (Christmas Lake inspections) in the first quarter of 2016. • Charges for services amounted to 138.9% of budget, or $53,765 through September of 2017. This compares to $31,918 recorded revenues through September of 2016. • Fines and forfeitures of $50,239 were recorded through 09/30/17 (83.7% of budget), as compared to $27,743 through 09/30/16. • Miscellaneous revenues totaled $184,584 through 09/30/17. Antenna rent is the largest component, and amounted to $160,218 through September 30, 2017. No investment interest earnings are typically allocated to the General Fund until the fourth quarter. 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. • Budgeted 2017 transfers in from utility funds of $25,000 were recorded in January 2017. These include $12,500 from the Water fund, and $12,500 from the Sewer fund. • Total General Fund revenues (excluding transfers in) amounted to $3,171,299, or 54.5% of budget through 09/30/17. Revenues through September for 2017 were 1.7% higher than prior year revenues through September 2016. Expenditures: • General government expenditures through September 2017 were $1,077,745 (72.1% of budget), or 5.6% higher than the comparable prior period. • Council expenditures were higher through September in 2016, due to the inclusion of payments to the Christmas Lake Homeowner's Association. • Administration costs were 68.7% of budget and reflect a shift from contracted administrator services in 2016 to wages and benefits in 2017. • Finance department expenditures were at 75.9% of budget through September 2017. • Professional Services department expenditures were at 92.2% of budget largely due to various fixed costs, including audit and assessing, being paid in full earlier in the year. • Planning expenditures were at 77.3% of budget and significantly higher through September 2017, as compared to September 2016, largely attributable to employee separation payments. • Public safety expenditures were $1,941,739 through 09/30/17 (89.9% of budget), increasing 23.2% from $1,576,494 through 09/30/16. o A $202,591 increase in police protection was related to monthly and quarterly payment timing differences between years (10 months of operations recorded through September 2017, versus 9 months recorded through September 2016, and 4 quarters of capital recorded through September 2017, versus 3 quarters recorded through September 2016). o A $150,292 increase in fire protection was related to a quarterly payment timing difference between years (4 quarters of service recorded through September 2017, versus 3 quarters recorded through September 2016). • Public works expenditures totaled $519,248 through 09/30/17 (50.0% of budget), increasing from $509,943 through 09/30/16. • Parks and recreation expenditures amounted to $192,376 through September 2017 (79.5% of budget), a $10,151 decrease from the comparable prior period. • Transfers out to other funds were $0 through September 2016, as compared to $1,804,913 through September 2017. Budgeted transfers out of $1,104,913 were recorded in January 2017 to reflect the availability of the funds during the year. In 2016, budgeted transfers were not recorded until December 2016. Additionally, $700,000 of 2017 transfers from the General Fund were authorized by Council action and recorded in March 2017. The General Fund exhibited an overall 12.7% increase in expenditures (not including transfers out) from $3,309,198 through 09/30/16, as compared to $3,731,108 through 09/30/17. Removing the effect of the police and fire costs payment timing differences results in an overall 3.4% increase in General Fund expenditures. A Cash and Investment Balances report is included for September 30, 2017. Financial or Budget Considerations: This report is intended to provide budget to actual and comparative financial information for the General Fund. Options: 1. Accept the monthly budget report. 2. Do not accept the monthly budget report. Recommendation / Action Requested: Staff recommends that the City Council accept the monthly budget report. Next Steps and Timeline: The General Fund budget report for October 2017 will be prepared and distributed in November 2017. Connection to Vision / Mission: The review of periodic reporting of financial information is a component of sound financial management. General Fund Revenues and Expenditures vs Budget Through September 30, 2017 % Collected/ One Year Description Budset Period Amt YTD Budset % Expended Prior Actual General Fund Revenues Taxes Licenses & Permits Intergovernmental Charges for Service Fines & Forfeits Misc Revenues Total General Fund Revenues Other Financing Sources Transfers In Total Revenues and Other Financing Sources General Fund Expenditures General Government Council Personal Services Supplies Other Services and Charges Council Administraton Personal Services Supplies Other Services and Charges Administraton Finance Personal Services Supplies Other Services and Charges Finance Professional Services Other Services and Charges Professional Services Planning Personal Services Supplies Other Services and Charges Planning Municipal Buildings Supplies Other Services and Charges Municipal Buildings 5,180,996 2,654,194 3,885,747 51.2% 2,638,052 239,180 190,448 179,385 79.6% 171,459 90,751 89,959 68,063 99.1% 126,841 38,700 53,765 29,025 138.9% 31,918 60,000 50,239 45,000 83.7% 27,743 213,900 184,584 160,425 86.3% 170,000 5,823,527 3,223,189 4,367,645 55.3% 3,166,013 25,000 25,000 18,750 100.0% 0 5,848,527 3,248,189 4,386,395 55.5% 3,166,013 22,600 16,632 16,950 73.6% 16,632 2,000 2,147 1,500 107.4% 842 116,500 35,411 87,375 30.4% 82,873 141,100 54,190 105,825 38.4% 100,347 402,154 278,118 301,616 69.2% 175,954 20,900 14,978 15,675 71.7% 11,939 42,550 26,854 31,913 63.1% 113,991 465,604 319,950 349,203 68.7% 301,884 142,273 82,117 106,705 57.7% 105,244 15,600 7,560 11,700 48.5% 21,737 17,300 43,342 12,975 250.5% 41,691 175,173 133,019 131,380 75.9% 168,672 236,400 218,058 177,300 92.2% 162,773 236,400 218,058 177,300 92.2% 162,773 178,797 175,234 134,098 98.0% 132,190 450 449 338 99.8% 407 97,000 37,738 72,750 38.9% 8,577 276,247 213,421 207,185 77.3% 141,174 21,300 5,237 15,975 24.6% 7,665 180,000 133,870 135,000 74.4% 137,719 201,300 139,107 150,975 69.1% 145,384 Total General Government 1,495,824 1,077,745 1,121,868 72.1% 1,020,234 General Fund Revenues and Expenditures vs Budget Through September 30, 2017 Fire Protection % Collected/ One Year Description Budset Period Amt YTD Budset % Expended Prior Actual Capital Outlay 256,648 256,648 192,486 100.0% 202,965 Public Safety 629,624 629,587 472,218 100.0% 479.295 Police Protection 178.822 153.056 134.117 Protective Inspections 162.149 Supplies 0 0 0 N/A 3,601 Other Services and Charges 1,180,050 983,783 885,038 83.4% 830,649 Capital Outlay 214,000 213,807 160,500 99.9% 160,749 Police Protection 1.394.050 1.197.590 1.045.538 85.9% 994.999 Fire Protection Other Services and Charges 372,976 372,939 279,732 100.0% 276,330 Capital Outlay 256,648 256,648 192,486 100.0% 202,965 Fire Protection 629,624 629,587 472,218 100.0% 479.295 Park Maintenance 178.822 153.056 134.117 Protective Inspections 162.149 Personal Services 126,299 99,557 94,724 78.8% 96,859 Supplies 200 0 150 0.0% 245 Other Services and Charges 10,550 15,005 7,913 142.2% 5,096 Protective Inspections 137,049 114,562 102,787 83.6% 102.200 Total Public Safety 2,160,723 1,941,739 1,620,542 89.9% 1,576,494 City Engineer Other Services and Charges 89,725 41,545 67,294 46.3% 60,003 City Engineer 89,725 41,545 67,294 46.3% 60,003 Public Works Service Personal Services 516,365 263,305 387,274 51.0% 251,321 Supplies 160,200 67,990 120,150 42.4% 97,565 Other Services and Charges 166,100 105,070 124,575 63.3% 80,741 Public Works Service 842.665 436.365 631.999 51.8% 429.627 Ice & Snow Removal Personal Services 61,465 14,611 46,099 23.8% 16,134 Supplies 44,000 26,727 33,000 60.7% 4,179 Ice & Snow Removal 105.465 41.338 79.099 39.2% 20.313 Total Public Works 1,037,855 519,248 778,391 50.0% 509,943 Parks and Recreation Park Maintenance Personal Services 115,022 115,856 86,267 100.7% 117,955 Supplies 23,300 10,905 17,475 46.8% 13,695 Other Services and Charges 40,500 26,295 30,375 64.9% 30,499 Park Maintenance 178.822 153.056 134.117 85.6% 162.149 Recreation Personal Services 41,575 27,503 31,181 66.2% 28,877 Supplies 7,700 3,935 5,775 51.1% 3,472 Other Services and Charges 13,900 7,882 10,425 56.7% 8,029 Recreation 63.175 39.320 47.381 62.2% 40.378 Total Parks and Recreation 241,997 192,376 181,498 79.5% 202,527 Total General Fund Expenditures 4,936,399 3,731,108 3,702,299 75.6% 3,309,198 General Fund Revenues and Expenditures vs Budget Through September 30, 2017 % Collected/ One Year Description Budset Period Amt YTD Budset % Expended Prior Actual Other Financing Uses Transfers Out - Southshore Center Transfers Out - EDA Debt City Hall Transfers Out - Equipment Replacement Transfers Out - Street Improvements Transfers Out - Park Capital Total Other Financing Uses Total Expenditures and Other Financing Uses 70,000 95,000 52,500 135.7% 0 102,913 102,913 77,185 100.0% 0 120,000 120,000 90,000 100.0% 0 770,000 1,245,000 577,500 161.7% 0 42,000 242,000 31,500 576.2% 0 1,104,913 1,804,913 828,685 163.4% 0 6,041,312 5,536,021 4,530,984 91.6% 3,309,198 General Fund, Net (192,785) (2,287,832) (144,589) 1186.7% (143,185) Cash and Investment Balances September 30, 2017 4 Fund Balance Balance Fund Fund Tvne Number 1/1/2017 9/30/2017 Change General Fund General 101 4,591,115.28 2,291,556.41 (2,299,558.87) Southshore Center Special Revenue 201 383,437.98 140,528.82 (242,909.16) 2016A Public Safety Fire Facility Lease Revenue Refunding Bonds Debt Service 307 9,545.18 11,038.93 1,493.75 2016B Public Safety Police Facility Lease Revenue Refunding Bonds Debt Service 308 (947.58) 46.17 993.75 2016C Public Safety Fire Facility Lease Revenue Refunding Bonds Debt Service 309 2,064.28 3,558.19 1,493.91 2017A Lease Revenue Refunding Bonds (Refunded 2008A) Debt Service 310 1,799.14 90,442.14 88,643.00 Park Capital Improvement Capital Projects 402 408,582.88 1,206,244.37 797,661.49 Equipment Replacement Capital Projects 403 461,768.71 608,375.82 146,607.11 Street Reconstruction Capital Projects 404 1,695,725.65 2,611,801.41 916,075.76 MSA Construction Capital Projects 405 128,226.45 128,226.45 0.00 Trail Construction Capital Projects 406 (577,248.96) (750,838.14) (173,589.18) Community Infrastructure Capital Projects 450 (29,333.11) 129,584.86 158,917.97 TIF 2 Oppidan Senior Housing Capital Projects 470 471,536.30 (50,466.11) (522,002.41) Water Enterprise 601 1,763,344.06 1,158,431.17 (604,912.89) Sewer Enterprise 611 2,809,803.83 2,561,519.23 (248,284.60) Recycling Enterprise 621 175,591.58 215,325.35 39,733.77 Stormwater Management Enterprise 631 705,072.87 869,273.89 164,201.02 Payroll Clearing Fund Internal Use Only 700 0.00 (31,631.41) (31,631.41) Escrow Deposit Agency 880 249,165.78 289,007.00 39,841.22 Unallocated Investment Income N/A N/A 0.00 119,688.97 119,688.97 Total 13,249,250.32 11,601,713.52 (1,647,536.80) 4