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04-23-18 CC Reg Mtg Agenda PacketCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 23, 2018 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby Johnson Labadie Siakel Sundberg Attachments 2. CONSENT AGENDA — Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes of April 9, 2018 Minutes B. Approval of the Verified Claims List Claims List C. Liquor License Renewals Clerk Memo Resolution 18 -035 D. Accept Proposal for Safety Assure Training E. Employee /Volunteer Appreciation Event F. Approval of Seasonal Hire Employees G. Authorize 4M Program Public Works Director Memo Resolution l8 -036 City Administrator Memo Public Works Director Memo Finance Interim Director Memo Resolution l8 -037 H. Authorize the Advertisement for Bids for the 2018 Seal Coat Project Engineer Memo Resolution 18 -038 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Hennepin County Commissioner Jan Callison will provide a Hennepin County Update B. 2017 Audit Report CITY COUNCIL REGULAR MEETING AGENDA — APRIL 23, 2018 Page 2 6. PARKS A. Commissioner Rock Report on 04 -10 -18 Parks Commission Meeting B. Badger Park Playground Purchase 7. PLANNING Minutes Parks Director Memo A. Commissioner Riedel Report on 04 -17 -18 Planning Commission Meeting Minutes (sent separate) B. Conditional Use Permit for Accessory Building Area Planning Director Memo Applicant: Schroeder Management, LLC. Resolution 18 -039 Location: 27960 Smithtown Rd. C. Conditional Use Permits and Setback Variance Applicant: Tea2 Architects Location: 5550 Marsh Pointe Drive 8. ENGINEERING /PUBLIC WORKS A. Accept Proposal for Professional Services - Grant Street Drainage B. Accept Petition for County Road 19 Speed Awareness Display C. Accept Proposal for Professional Services — Chaska Road Traffic Study 9. GENERAL /NEW BUSINESS A. Ashland Woods Development B. Respectful Workplace /Code of Conduct C. New Liquor License: Waterford Liquors, LLC D. Community Notification System E. Building Official Position 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Planning Director Memo Resolution 18 -040 Resolution 18 -045 Public Works Director Memo Resolution 18 -041 Public Works Director Memo Public Works Director Memo Resolution 18 -042 City Administrator Memo City Administrator /City Clerk Memo Resolution 18 -043 City Clerk Memo Resolution 18-044 City Administrator Memo City Administrator Memo CITY COUNCIL REGULAR MEETING AGENDA — APRIL 23, 2018 Page 3 1. Building Permit Data D. Mayor and City Council 11. ADJOURN Planning Director Memo CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 9, 2018 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, a Administrator Lerud; Planning Director Darling, City Engineer Fauske Absent: Councilmember Johnson B. Review Agenda Labadie moved, Siakel seconded, approving the agenda, as pry 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda, 2A 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Attorney Keane; City Works Brown; and, Motion passed 4/0. Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of March 26, 2018 B. Abbroval of the Verified Claims List C., Revised 2018 ,City Council Regular Meeting Schedule Accommodating Holidays D. Acceptance of Safety Camp Donation E. Approval of Summer Sailboat Race Series F. Approval of Sanitary Sewer Connect for 301 62 °a Street, Victoria, MN G. Approval of Project 17 -13, 2017 Street Improvements; Change Order #2 Motion passed 4/0. 3. MATTERS FROM THE FLOOR Derek Allmendinger, 5915 Grant St, stated he would like the City to consider storm water improvements along Grant Street. He stated that since the watermain project was completed that went under Park Street, there has been slower drainage and slower moving water. There was a water event last year that ruined a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 2 of 9 neighbor's basement. He stated that he and his wife are in the process of finishing their own basement and are concerned that the same kind of thing does not happen to them. Mayor Zerby asked for a staff update on the issue. Engineer Fauske stated that Mr. Allmendinger and his neighbor have been in contact with staff to discuss the issue. Staff has been discussing this from a feasibility standpoint and would like time to look into the issue more deeply before presenting it to the Council for a decision. She is hoping to be able to present this at the next Council meeting. Sophia Trudeau, Nelsine Dr read from a statement about her proposal to put up a'turtle crossing sign on County 19 and the regional trails to help alert drivers about turtles crossing the road. Public Works Director Brown noted that portion of the road i involve Tonka Bay. He suggested that Sophia and her mother c point the exact location and see how it can be addressed. Councilmember Labadie asked Ms. Trudeau if she had own. Ms. Trudeau stated that she had come up with the 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTA 6. PARKS - None 7. PLANNING - N 8. A. of .ion and may also hours to try to pin as part of a school projcct or just on her d Lane Ravine: Plans and Specifications, Engineer Fauske reviewed,thc proposed project using rock weirs along the channel. She noted the next steps for the project if the Council approves moving forward would include acquiring all the necessary easements and permits, as well as coordinating plans with Xcel Energy. She stated that staff would like to meet with residents to discuss what is being proposed before work begins. She noted that a resolution was drafted prior to the meeting and handed out in the chambers, but, wasn't included in the packet. Siakel moved, Sundbeirg seconded, Adopting RESOLUTION NO. 18 -034, "A Resolution Approving Plans and Specifications and Authorizing Solicitation of Quotes Shorewood Lane Ravine Stabilization. (City Project 17 -15)" Motion passed 4/0. B. Update on Drainage Concerns: 24890 Yellowstone Trail (Mott Property) Engineer Fauske explained that staff had followed Council direction and looked at the area again. She noted that she had received an e -mail over the weekend from the property owner, but, had not had time to answer it before tonight's meeting. She gave a brief overview of some of the findings on elevation levels. She reviewed maps that are available on -line through the US Geographical Service that shows historically what has happened on this land. She noted that historically this area was a wetland, but, noted that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 3 of 9 somewhere between 1905 and 1958 it was somehow drained. She reviewed information from soil borings conducted in 1993. She reviewed the development plans vs. as built plans and invert calculations and asked for Council direction. Councilmember Sundberg asked if the development had eliminated the trees and vegetation that were shown in pictures. Planning Director Darling noted that some of the trees in a nearby area had been taken out as part of the culvert project. Councilmember Sundberg asked if weather trends had been taken into cc stated that just recently, within the past five years, the design storms for the and increased. Councilmember Sundberg asked if Engineer Fauske thought that info Engineer Fauske explained again that they ran the model from sto development conditions, which is where they are seeing the outp development conditions. Whitley Mott, 24890 Yellowstone Trail, stated that he received all the afternoon and responded on Saturday. He has questions about the a+ new pipe. He agrees with the numbers on what the old elevation level of his engineering report that show slightly different levels. He states the pipes. Engineer Fauske noted that the type of pipes pipes designed to stabilize the elevation bet pre- development conditions. Mr. Mott distributed another document to the of the )n. Engineer Fauske models have changed an impact on this issue. velopment to post - is lower than pre- iformation on this project on Friday ual elevation of old pipe versus the were at 954.6. He submitted copies hat there is not much slope or tilt in en the two wetlands are called equalizer She noted the model was performing at Mayor Zerby stated that the numbers being discussed are fractions of inches and asked what the hope is for an overall outcome of this discussion. Mr. Mott stated that the basic„ explanation is that the condition of his property has been changed. He noted that he had sent photos via e -mail to the Council, but, was informed that they were not easy to see. He distributed hard copies of the photos. He'stated that he believes the developer did not build it, as they showed, and as a result, they have altered the corner of his property, by lowering the existing retention pond by several feet, which creates an overflow that goes onto his property. He noted the pictures were from March 4, 2018 at 5;34 p.m. He showed the different elevations using his wife as a basis of comparison on the pipe and the retention ponds heights. He noted that based on the weather information available, there had been no rain for the prior nine days. Mayor Zerby stated that he would like to simplify discussions that Mr. Mott was basically saying that water is coming onto his property that wasn't before. He commended Mr. Mott for his efforts in gathering the engineering reports and looking at weather patterns. Mr. Mott stated that he agreed but wanted to make note of a few more things. He feels that using a report that went back to conditions in Shorewood in 1905, was despicable. In 1958, there was no wetland on his property. He stated that on page three of the report that talks about an underlying wetland being present, the word "adjacent" was left out of the report. He stated that he believes the information reported tonight gives the incorrect perception from the information that is actually reported. He reiterated what the Mayor's CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 4 of 9 instructions were at the last meeting, to find a solution and did not feel that one has been presented tonight. He read from the February 26, 2018 minutes, where he asked for the elevations on the invert flow of the pipes and noted that he had only received that answer during tonight's meeting. Councilmember Siakel asked if Mr. Mott was concerned that the Council would be making a decision tonight. He stated that he feels it is Mattamy Homes that is the problem, not the City. They did not do what they were supposed to and changed the condition. He is asking for the City to step in and protect his property. He stated at the prior meeting, he told the Council about the trees that have fallen down and Councilmember Johnson suggested that he hire an arborist. He stated that he had already hired an engineer and spent hundreds of hours on this putting together the information to present to the City. He distributed copies of the final grading plan that he received from Planning Director Darling earlier today. It just bothers him that he and his wife have to think about this every time it rains. He has also gone to Chanhassen's weather office to gather all the weather reports to present. He is asking the City to find a way to make this project work, the development isn't even half completed and all the water from that area exits near his property into the retention pond that they knocked the banks down, on. He apologized if he has taken up too much of the Council's time, but, stated that he has been trying to get this resolved and work with people for a long time and has basically been told "it's close enough ". He stated that it is not close enough because the water is coming into their property. He is asking f6r the City's help to resolve this issue with the developer. Attorney Keane asked if there was water on Mr. Mott's property, now that he did not have in the pre - development condition. Mr. Mott stated that she did. Attorney Keane asked to be shown on the map the area of land that now has water. Mayor Zerby stated that he does not understand the pond location being ,shown right up to the edge of the property. He did not understand why there was not a sclback limit for something like this, similar to what there is for housing. Mr. Mott encouraged the;ouncil to come out to his properly and walk it and see it, like Engineer Fauske has done. He noted that he just ;goes back to that this has been changed from its original form and he and his wife had nothing to do with it: Attorney Keane asked for clarification of his statement of more occurrences of waxer flowing onto his property, and asked where on this property this is occurring. Mr. Mott showed the Council, on a map, the corner where the water was flowing onto his property. He reiterated his invitation for the Council to come take a look and see the property and the trees that are knocked over with their root balls, intact because the water is just sitting in this area now where it hadn't before. Councilmember Siakel referenced a survey conducted in November of 1993. She asked if that was done when he built his house; Mr. Mott confirmed that was the survey conducted for the City at the time the home was built and recorded in their property file. Councilmember Siakel stated that she isn't ready to make a decision tonight. She stated this is a complicated subject and she is not sure, at this point, what the City's role is in resolving this issue. She noted that she did drive out to the property and the Country Club property, but there is still a lot of snow on the ground and did not want to walk through private property to get a closer look. She would like to be able to go out there when there is standing water and not four feet of snow on the ground. She stated that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 5 of 9 the Council had been presented with a lot of information tonight and needs time to digest it. She does not feel it is a clear -cut issue. Mr. Mott reiterated that, for the record, there is a changed condition on his property that has been created by the alteration of the land around the corner of his property as well as the drainage pipe that was installed. Those two things have exacerbated the water flow onto his property, without question. He stated that he has a phone log of every contact he has had with people regarding this issue. Councilmember Labadie stated that the Council would like copies of his phone log. She asked if there had been any communication or correspondence with Mattamy Homes since he last appeared before the Council. Mr. Mott stated that he had not. He read aloud a portion of the minutes from the February 26, 2018 meeting, where City Administrator Lerud assured him that staff would be keeping him informed about meetings or any relevant information that became available. Mr. Mott stated that the only information he has received since that meeting, was Friday afternoon at 4:36 p.m. He stated that there had been no phone calls or interim action and nobody let him know about anything. Councilmember Labadie noted that everything Mr. Mott was saying related to the City. She asked if there had been any communication with the developer. Mr. Mott noted that, as he informed the Council at the last meeting he attended, Mattamy had told them that it was built reasonably to specifications. He stated that he could play'ftom °his phone, a message from Mattamy Homes that says they will find a solution to the problem. Councilmember Labadie stated that she would prefer to have that transcribed onto paper. Mr. Mott stated that he didn't have a staff to complete some of this type of work. Councilmember Labadie just wanted to make sure that the Council was not missing any of the 'documentation or communication that was happening with the developer. Mr. Mott stated that the only thing the Council may not'have is the letter that Mattamy Homes sent out to the neighbors, that stated if the neighbors had any problems, to let them know. Mayor Zerby asked Administrator Lerud to '',make conies and act them to the Council. Councilmember Sundberg stated that this is a complicated mess and suggested that the City may need to have some realty intense discussions with Mattamv Homes to find the solution. Councilmember Siakel asked if the intent was to subdivide Mr. Mott's property at some point. Mr. Mott stated that is one of their proposals, but they would not do that, at this point in time. Mayor Zerby stated that the Council approved the original plan for the development, as recommended by staff and the engineering firm. He stated that it does appear that Mattamy Homes built and developed as the plan was approved, however, to him, it is looking like perhaps the plan may not have been as thoughtful as it should have been, specifically the fact that the pond goes all the way up to the neighboring property line, with no setback. He agrees with the sentiments expressed by the other Councilmembers that this is a complicated issue, because there is no clear place to lay the responsibility. He is willing to allow staff to continue digging into this and explore finding a better answer. Councilmember Sundberg stated that she wants to make sure that Mattamy Homes is involved in this discussion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 6 of 9 Councilmember Siakel stated that she does not want to take a vague approach. She plans to go out and look at the land herself, and also like to consult with our legal counsel and have a conversation about next steps and have time to pull things together. Mr. Mott noted that even with the snow cover, the Council is welcome to come out and take a look, because some of the problems can be seen even with the snow present. Councilmember Labadie stated that she agreed with Councilmember Siakel that she would like some direction from a legal standpoint on the issue. She stated that she would also like; to personally take a look at the land. Administrator Lerud suggested scheduling a work session to convene out at the property in question. Mayor Zerby stated that he would like legal advice as to whether this should be open or closed, but, would support having an additional meeting to discuss it. C. Approval of Proposal for GIS -G Public Works Director Brown gave a brief overview of the GIS -GPS system and stated that it would be a sweeping change for his department, with the ability to mark the locations of the utilities as they are installed, including water shut off valve locations. He is excited about the change to record keeping because this system is very organized. He reviewed the cost for equipment and training. He noted that his is not a budgeted item, but, could be spread evenly across the enterprise funds with each area bearing $5,000 of the total cost. Mayor Zerby stated that he is v'e'ry excited to see this come to fruition. Councilmember Sundberg stated that she thinks this kind of modernization makes sense and supports it. Sundberg moved, Labadie seconded, Approval of the Proposal for GIS -GPS Hardware and Software system, as presented. Attorney Deane asked who would own the data and on whose server the data will reside. Public Works Director Brown stated that in the proposal it outlines that the City owns the data and the data would reside on WSB Engineering's server. Attorney Keane asked if the City would always have access to that in perpetuity. Public Works Director Brown stated that the City would have access to the data and was pointed out in the agreement found in the meeting packet. Attorney Keane noted that it was not entirely clear. Councilmember Labadie suggested amending the motion to allow for clarification of this issue. Sundberg amended her motion, Labadie seconded the amended motion, to Approve the Proposal for the GIS -GPS Hardware and Software system, to clarify that the contract shows that ownership of the data belongs to the City, and will retain access to the data, in perpetuity. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 7 of 9 9. GENERAL /NEW BUSINESS A. Organized Solid Waste Administrator Lerud gave a brief overview of past discussions on organized solid waste collection. He noted that staff had listed the City's priorities and asked for Council feedback if they wanted to see any changes in those items. He noted that staff is recommending approval. Councilmember Sundberg asked if Administrator Lerud was comfortable using the wording from the document that states "without increasing the cost to the customer." Administrator Lerud stated that this should be amended to read "average cost." He said a goal is to have everybody have a lower bill but there is no guarantee that everybody will pay less. Mayor Zerby clarified, for residents who may be watching from home, the Council has been discussing this for a long time and this would keep the same haulers in the City, but break them into territories with one hauler per area. This means that carriers may change, but he believes it will be better for the City, the roads, the environment, and peace of mind. Labadie moved, Siakel seconded, Adopting RESOLUTION, NO. 18 -033, "A Resolution Approving Initiation of 60 Day Negotiating Period with Solid Waste HauIers." Motion passed 4/0. 10. STAFF AND COUNCIL REPOR A. Administrator and Staff Public Works Director Brown reminded the public that seasonal weight restrictions are on the roadways and he suspects they will be for some time. He noted that all of the, specific information is available on the website. Councilmember Siakel asked if the City's budget was killed with all the snow events this year. Public Works Director Brown rioted that the City used 100 percent of its salt budget. He explained the cooberative burchasina Drop -Tam the Citv has with the vendor. Councilmember Siakel stated that she wanted to thank Engineer Fauske for how she is handling the Mott situation. She understands that Engineer Fauske has stepped into this midway and wanted to express appreciation for the fact that she:is'trying to resolve a situation that she didn't create. Planning Director Darling that Council had asked staff to look at the cost of alternative playground surfaces. She reviewed the costs and noted that for engineered wood fiber, the cost would be approximately $12,000 and some of the chips will have to be replaced every three to five years, which means the total cost of maintenance over a 25 -year time period would be about $25,000 and would bring the total to $37,000. The cost for shredded rubber would be about $48,000. For poured in place rubber, rubber tiles, or synthetic turf with rubber pads below for shock absorption, the costs are all around $114,000. She also asked about pea gravel, but they are no longer allowed to sell that as a playground surface because of the problem getting liability insurance. Councilmember Siakel stated that she did not see the long -term cost difference between wood chips and rubber chips to be significant. She stated that she did not think that wood chips should even be an option. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 8 of 9 Mayor Zerby asked what was used at Freeman Park. Public Works Director Brown stated that most of the playgrounds have pea gravel. He stated that Cathcart Park had wood chips and that has not been a positive experience. Administrator Lerud suggested that when the City puts it out for bids that they list all of the materials as an option and see what pricing comes back. Councilmember Sundberg stated that with rubber or any type of synthetic product, she would like to know what kind of potential pollution issues there may be. Planning Director Darling doted that she had spoken with the playground designer and he did not recommend shredded rubber, because it is tricky to maintain. Lerud added that the shredded rubber also poses access problems. Councilmember Labadie agreed with the idea of getting quotes and information for the different materials and then decide. Mayor Zerby asked about the number of homes being built on the golf course. Planning Director Darling stated that there have been many building permits being issued. The developer has already pre -sold six lots in the third addition. She stated that this looks like it will be a very busy construction season. Administrator Lerud said staff will provide a report at the next meeting on the number of building permits. He noted that the flooring in the Southshore Center is completed and suggested that the Council could go take a look after the meeting. B. Mayor Councilmember Sundberg stated that at the last meeting the Council talked about the black willow tree. She went out to the tree with a,local artist who looked at the tree. The artist's opinion was it was a very unusual tree that has artistic value, heever, it is a living tree that would cause quite a few problems artistically because it has so many shoots that would have to be controlled. She suggested talking to other area artists about other ways to use the tree in other ways throughout the City. The more she thinks about it, she thinks taking the tree down and using the wood for other purposes may be the best option. Mayor Zerby,attended the Fire Board meeting last week and they accepted the audit. He noted there were two findings in the audit, one that there was not a secondary control process in place for check signing because they use Ieephaven. The City of Greenwood had the same finding because they use the City of Deephaven to do their finances. He asked that they look into putting a different type of control in place to eliminate that finding. They also approved increasing the pension from the relief fund. They also received a grant for $114,000 to be used to remodel their sleeping quarters into private sleeping quarters. They will use matching funds from the district for a total of about $200,000 to make those changes. He gave the Fire Board some input on their website because, in his opinion, it is lacking in information on agendas, minutes or meetings. Councilmember Sundberg asked if they had made any change to their mission statement. Administrator Lerud stated that it was not discussed. Councilmember Sundberg noted the importance of a mission statement, because that is the guiding principal for an organization. She will follow up with the Fire Board with her opinion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 9 of 9 11. ADJOURN Siakel moved, Sundberg seconded, Adjourning the City Council Regular Meeting of April 9, 2018, at 8:39 P.M. Motion passed 4/0. ATTEST: Scott Zerby Sandie Thone, City Clerk #2B MEETING TYPE City of Shorewood I Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: April 23, 2018 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Interim Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid? Background: Claims for council authorization. 64417 — 64459 & ACH 288,854.05 Total Claims $288,854.05 We have also included a payroll summary for the payroll period ending April 15, 2018. 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 67,004.08 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 11,390.58 0.00 FULL -TIME REGULAR 101 -13- 4103 -0000 765.73 0.00 PART -TIME 101 -13- 4121 -0000 911.74 0.00 PERA CONTRIB - CITY SHARE 101 -13- 4122 -0000 917.69 0.00 FICA CONTRIB - CITY SHARE 101 -13- 4131 -0000 1,708.93 0.00 EMPLOYEE INSURANCE - CITY 101 -13- 4151 -0000 94.99 0.00 WORKERS COMPENSATION 101 -15- 4101 -0000 1,879.40 0.00 FULL -TIME REGULAR 101 -15- 4121 -0000 140.96 0.00 PERA CONTRIB - CITY SHARE 101 -15- 4122 -0000 141.26 0.00 FICA CONTRIB - CITY SHARE 101 -15- 4131 -0000 165.84 0.00 EMPLOYEE INSURANCE - CITY 101 -15- 4151 -0000 13.36 0.00 WORKERS COMPENSATION 101 -18- 4101 -0000 5,365.80 0.00 FULL -TIME REGULAR 101 -18- 4121 -0000 402.46 0.00 PERA CONTRIB - CITY SHARE 101 -18- 4122 -0000 408.03 0.00 FICA CONTRIB - CITY SHARE 101 -18- 4131 -0000 866.55 0.00 EMPLOYEE INSURANCE - CITY 101 -18- 4151 -0000 33.52 0.00 WORKERS COMPENSATION 101 -24- 4101 -0000 4,157.45 0.00 FULL-TIME REGULAR 101 -24- 4121 -0000 311.78 0.00 PERA CONTRIB - CITY SHARE 101 -24- 4122 -0000 260.93 0.00 FICA CONTRIB - CITY SHARE 101 -24- 4131 -0000 540.00 0.00 EMPLOYEE INSURANCE - CITY 101 -24- 4151 -0000 26.02 0.00 WORKERS COMPENSATION 101 -32- 4101 -0000 12,119.56 0.00 FULL-TIME REGULAR 101 -32- 4102 -0000 110.33 0.00 OVERTIME 101 -32- 4105 -0000 312.00 0.00 STREET PAGER PAY 101 -32- 4121 -0000 940.61 0.00 PERA CONTRIB - CITY SHARE 101 -32- 4122 -0000 927.22 0.00 FICA CONTRIB - CITY SHARE 101 -32- 4131 -0000 2,226.21 0.00 EMPLOYEE INSURANCE - CITY 101 -32- 4151 -0000 905.07 0.00 WORKERS COMPENSATION 101 -33- 4101 -0000 5,525.71 0.00 FULL -TIME REGULAR 101 -33- 4102 -0000 3,601.60 0.00 OVERTIME 101 -33- 4121 -0000 684.55 0.00 PERA CONTRIB - CITY SHARE PR - G/L Distribution Report (04/16/2018 - 12:29 PM) Page 1 Account Number Debit Amount Credit Amount Description 101 -33- 4122 -0000 587.03 0.00 FICA CONTRIB - CITY SHARE 101 -33- 4151 -0000 487.22 0.00 WORKERS COMPENSATION 101 -52- 4101 -0000 3,049.93 0.00 FULL -TIME REGULAR 101 -52- 4121 -0000 228.76 0.00 PERA CONTRIB - CITY SHARE 101 -52- 4122 -0000 274.98 0.00 FICA CONTRIB - CITY SHARE 101 -52- 4131 -0000 1,180.24 0.00 EMPLOYEE INSURANCE - CITY 101 -52- 4151 -0000 227.80 0.00 WORKERS COMPENSATION 101 -53- 4101 -0000 1,041.13 0.00 FULL -TIME REGULAR 101 -53- 4121 -0000 78.07 0.00 PERA CONTRIB - CITY SHARE 101 -53- 4122 -0000 78.12 0.00 FICA CONTRIB - CITY SHARE 101 -53- 4131 -0000 22.69 0.00 EMPLOYEE INSURANCE - CITY 101 -53- 4151 -0000 44.28 0.00 WORKERS COMPENSATION FUND Total: 67,004.08 67,004.08 FUND 201 Southshore Center 4,772.50 CASH AND INVESTMENTS 201 -00- 1010 -0000 0.00 2,162.25 CASH AND INVESTMENTS 201 -00- 4101 -0000 989.69 0.00 FULL -TIME REGULAR 201 -00- 4102 -0000 472.35 0.00 OVERTIME 201 -00- 4103 -0000 446.13 0.00 PART -TIME 201 -00- 4121 -0000 74.23 0.00 PERA CONTRIB - CITY SHARE 201 -00- 4122 -0000 106.81 0.00 FICA CONTRIB - CITY SHARE 201 -00- 4151 -0000 73.04 0.00 WORKERS COMPENSATION FUND Total: 2,162.25 2,162.25 FUND 601 Water Utility 601 -00- 1010 -0000 0.00 4,746.10 CASH AND INVESTMENTS 601 -00- 4101 -0000 3,306.23 0.00 FULL -TIME REGULAR 601 -00- 4105 -0000 156.00 0.00 WATER PAGER PAY 601 -00- 4121 -0000 259.67 0.00 PERA CONTRIB - CITY SHARE 601 -00- 4122 -0000 254.51 0.00 FICA CONTRIB - CITY SHARE 601 -00- 4131 -0000 617.69 0.00 EMPLOYEE INSURANCE - CITY 601 -00- 4151 -0000 152.00 0.00 WORKERS COMPENSATION FUND Total: 4,746.10 4,746.10 FUND 611 Sanitary Sewer Utility 611 -00- 1010 -0000 0.00 4,772.50 CASH AND INVESTMENTS 611 -00- 4101 -0000 3,339.79 0.00 FULL -TIME REGULAR 611 -00- 4105 -0000 156.00 0.00 SEWER PAGER PAY 611 -00- 4121 -0000 262.20 0.00 PERA CONTRIB - CITY SHARE 611 -00- 4122 -0000 258.96 0.00 FICA CONTRIB - CITY SHARE 611 -00- 4131 -0000 617.69 0.00 EMPLOYEE INSURANCE - CITY 611 -00- 4151 -0000 137.86 0.00 WORKERS COMPENSATION PR - G/L Distribution Report (04/16/2018 - 12:29 PM) Page 2 Account Number Debit Amount Credit Amount Description FUND Total: 4,772.50 4,772.50 FUND 621 Recycling Utility 621 -00- 1010 -0000 0.00 612.15 CASH AND INVESTMENTS 621 -00- 4101 -0000 465.04 0.00 FULL -TIME REGULAR 621 -00- 4121 -0000 34.88 0.00 PERA CONTRIB - CITY SHARE 621 -00- 4122 -0000 33.27 0.00 FICA CONTRIB - CITY SHARE 621 -00- 4131 -0000 75.60 0.00 EMPLOYEE INSURANCE - CITY 621 -00- 4151 -0000 3.36 0.00 WORKERS COMPENSATION FUND Total: 612.15 612.15 FUND 631 Storm Water Utility 631 -00- 1010 -0000 0.00 529.90 CASH AND INVESTMENTS 631 -00- 4101 -0000 409.76 0.00 FULL -TIME REGULAR 631 -00- 4121 -0000 30.73 0.00 PERA CONTRIB - CITY SHARE 631 -00- 4122 -0000 31.44 0.00 FICA CONTRIB - CITY SHARE 631 -00- 4131 -0000 50.70 0.00 EMPLOYEE INSURANCE - CITY 631 -00- 4151 -0000 7.27 0.00 WORKERS COMPENSATION FUND Total: 529.90 529.90 FUND 700 Payroll Clearing Fund 700 -00- 1010 -0000 79,826.98 0.00 CASH AND INVESTMENTS 700 -00- 2170 -0000 0.00 40,005.67 GROSS PAYROLL CLEARING 700 -00- 2171 -0000 0.00 7,826.31 HEALTH INSURANCE PAYABLE 700 -00- 2172 -0000 0.00 4,528.66 FEDERAL WITHHOLDING PAYABLE 700 -00- 2173 -0000 0.00 2,393.59 STATE WITHHOLDING PAYABLE 700 -00- 2174 -0000 0.00 8,823.12 FICA/MEDICARE TAX PAYABLE 700 -00- 2175 -0000 0.00 8,139.85 PERA WITHHOLDING PAYABLE 700 -00- 2176 -0000 0.00 3,020.82 DEFERRED COMPENSATION 700 -00- 2177 -0000 0.00 2,205.79 WORKERS COMPENSATION 700 -00- 2181 -0000 0.00 1,181.20 DISABILITY INSURANCE 700 -00- 2183 -0000 0.00 775.77 HEALTH SAVINGS ACCOUNT 700 -00- 2184 -0000 0.00 502.20 DENTAL DELTA 700 -00- 2185 -0000 0.00 424.00 DENTAL - UNION FUND Total: 79,826.98 79,826.98 Report Total: 159,653.96 159,653.96 PR - G/L Distribution Report (04/16/2018 - 12:29 PM) Page 3 Accounts Payable Computer Check Proof List by Vendor User: mnguyen Printed: 04/10/2018 - 2:26PM Batch: 00002.04.2018 - CC -04 -23 -2018 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 216 HENNEPIN COUNTY - RECORDER/REGISTI Check Sequence: 1 ACH Enabled: False 165896 -1801 EASE Record - User ID - EGQA69 88.00 04/23/2018 101 -31- 4400 -0000 Check Total: 88.00 Vendor: 800 MINNESOTA DEPARTMENT OF AGRICULTi Check Sequence: 2 ACH Enabled: False Emp #137121 -2018 Pesticide Application - Scott Schroeder 10.00 04/23/2018 101 -32- 4433 -0000 Check Total: 10.00 Vendor: 916 MINNESOTA OFFICE OF ADMINISTRATIVE Check Sequence: 3 ACH Enabled: False Cathcart-2018 Cathcart-State Filing Fee 100.00 04/23/2018 101 -52- 4433 -0000 Check Total: 100.00 Total for Check Run: 198.00 Total of Number of Checks: 3 AP- Computer Check Proof List by Vendor (04/10/2018 - 2:26 PM) Page 1 Accounts Payable Computer Check Proof List by Vendor User: mnguyen Printed: 04/19/2018 - 9:02AM Batch: 00003.04.2018 - CC -04 -23 -2018 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 462 A -1 MINNETONKA RENTAL INC. Check Sequence: 1 ACH Enabled: False 130330 Rental 16.20 04/23/2018 101 -32- 4410 -0000 Check Total: 16.20 Vendor: 105 ADVANCED IMAGING SOLUTIONS Check Sequence: 2 ACH Enabled: True INV 159300 Monthly Maint- Konica Minolta 104.00 04/23/2018 101 -13- 4221 -0000 Check Total: 104.00 Vendor: 4 AFSCME CO 5 MEMBER HEALTH FUND Check Sequence: 3 ACH Enabled: True April -2018 PR Batch 00002.04.2018 Dental - Union 424.00 04/16/2018 700 -00- 2185 -0000 PR Batch 00002.04.2018 Dental - Union Check Total: 424.00 Vendor: 111 AMERICAN ENGINEERING TESTING, INC. Check Sequence: 4 ACH Enabled: False 900890 Badger Park Phase 2 Improvement 564.50 04/23/2018 402 -00- 4680 -0000 Check Total: 564.50 Vendor: 921 ASCAP Check Sequence: 5 ACH Enabled: False 2018- MusicLic Music License - Annual 348.00 04/23/2018 201 -00- 4433 -0000 Check Total: 348.00 Vendor: UB *00163 Barrington Townhomes Association Check Sequence: 6 ACH Enabled: False Refund Check 756.68 04/16/2018 601 -00- 2010 -0000 Check Total: 756.68 Vendor: 891 C. S. McCROSSAN CONSTRUCTION, INC. Check Sequence: 7 ACH Enabled: False PV #2- Prj2925 -40 P.V.#2 - Project #02925-40 - Street Reclamation 8,195.18 04/23/2018 404 -00- 4680 -0027 Check Total: 8,195.18 AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 137 CENTURY LINK Check Sequence: 8 ACH Enabled: False 612E451785 -AP18 612 -E45- 1785 -Bldr Brdg 294.00 04/23/2018 601 -00- 4396 -0000 612E458019 -AP18 612 -E45- 8019 -SE Areas 220.50 04/23/2018 601 -00- 4398 -0000 Check Total: 514.50 Vendor: 915 CINTAS Check Sequence: 9 ACH Enabled: False February -2018 Monthly Svc - PWs 266.18 04/23/2018 101 -32- 4400 -0000 March -2018 Monthly Svc - PWs 326.18 04/23/2018 101 -32- 4400 -0000 Check Total: 592.36 Vendor: 149 CITY OF TONKA BAY Check Sequence: 10 ACH Enabled: False 1stQtr2018 -WA Quarterly Water Service 1,104.60 04/23/2018 601 -00- 4260 -0000 1stQtr2018 -WA Quarterly Sewer Service 397.50 04/23/2018 611 -00- 4400 -0000 Check Total: 1,502.10 Vendor: 150 CLASSIC CLEANING COMPANY Check Sequence: 11 ACH Enabled: False 26506 City Hall Monthly Svc 495.00 04/23/2018 101 -19- 4400 -0000 26507 Public Works Monthly Svc 295.00 04/23/2018 101 -32- 4400 -0000 Check Total: 790.00 Vendor: 588 CULLIGAN WATER CONDITIONING Check Sequence: 12 ACH Enabled: False 19967Wtfrd Ct 19967 Waterford Court Plumbing Permit Refund 35.00 04/23/2018 101 -00- 3221 -0000 19967Wtfrd Ct 19967 Waterford Court Plumbing Permit Refund 1.00 04/23/2018 101 -00- 2085 -0000 Check Total: 36.00 Vendor: 3 DELTA DENTAL OF MINNESOTA Check Sequence: 13 ACH Enabled: True April -2018 PR Batch 00002.04.2018 Dental - Non Union 502.20 04/16/2018 700 -00- 2184 -0000 PR Batch 00002.04.2018 Dental - Non Uni April- 2018 -Jean COBRA- Jean Panchyshyn 44.55 04/16/2018 700 -00- 2184 -0000 PR Batch 00002.04.2018 Dental - Non Uni Check Total: 546.75 Vendor: 918 ROBERT DEPAUW Check Sequence: 14 ACH Enabled: False 24985SmtwnRd 24985 Smithtown Road - Rental Housing App. R 75.00 04/23/2018 101 -00- 3217 -0000 Check Total: 75.00 Vendor: 166 EARL F. ANDERSEN Check Sequence: 15 ACH Enabled: False 0116963 -IN Traffic Cone 625.00 04/23/2018 101 -32- 4250 -0000 AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 625.00 Vendor: 167 ECM PUBLISHERS INC Check Sequence: 16 ACH Enabled: True 587821 Ord. No. 556 76.38 04/23/2018 101 -13- 4351 -0000 587822 Ord. No. 555 76.38 04/23/2018 101 -13- 4351 -0000 588015 Ord. No. 556 50.12 04/23/2018 101 -13- 4351 -0000 588016 Ord. No. 555 50.12 04/23/2018 101 -13- 4351 -0000 589695 Open Book Meeting 94.00 04/23/2018 101 -13- 4351 -0000 Check Total: 347.00 Vendor: 5 EFTPS - FEDERAL W/H Check Sequence: 17 ACH Enabled: True PR -04 -16 -2018 PR Batch 00002.04.2018 Federal Income Tax 4,533.38 04/16/2018 700 -00- 2172 -0000 PR Batch 00002.04.2018 Federal Income I PR -04 -16 -2018 PR Batch 00002.04.2018 FICA Employee Portio 3,577.98 04/16/2018 700 -00- 2174 -0000 PR Batch 00002.04.2018 FICA Employee _ PR -04 -16 -2018 PR Batch 00002.04.2018 FICA Employer Portioj 3,577.98 04/16/2018 700 -00- 2174 -0000 PR Batch 00002.04.2018 FICA Employer ] PR -04 -16 -2018 PR Batch 00002.04.2018 Medicare Employee Pc 836.79 04/16/2018 700 -00- 2174 -0000 PR Batch 00002.04.2018 Medicare Emplo,. PR -04 -16 -2018 PR Batch 00002.04.2018 Medicare Employer Po 836.79 04/16/2018 700 -00- 2174 -0000 PR Batch 00002.04.2018 Medicare Emplo,. Check Total: 13,362.92 Vendor: 684 EMBEDDED SYSTEMS, INC. Check Sequence: 18 ACH Enabled: False 343671 Siren Repair 105.00 04/23/2018 101 -32- 4400 -0000 Check Total: 105.00 Vendor: 202 GRAINGER INC Check Sequence: 19 ACH Enabled: True 9721959147 Supplies 8.61 04/23/2018 101 -32- 4245 -0000 9723826906 Supplies 374.33 04/23/2018 101 -32- 4245 -0000 9723826914 Supplies 362.40 04/23/2018 101 -32- 4245 -0000 9755697241 Return Voltage Detector - 127.60 04/23/2018 101 -32- 4245 -0000 9755854859 Supplies 6.81 04/23/2018 201 -00- 4245 -0000 Check Total: 624.55 Vendor: 6 HEALTH PARTNERS -GROUP Check Sequence: 20 ACH Enabled: False April -2018 PR Batch 00001.04.2018 Health Ins - CoPay 2,393.15 04/02/2018 700 -00- 2171 -0000 PR Batch 00001.04.2018 Health Ins - Cop; April -2018 PR Batch 00001.04.2018 Health Insurance -HSA 5,433.16 04/02/2018 700 -00- 2171 -0000 PR Batch 00001.04.2018 Health Insurance April -2018 PR Batch 00002.04.2018 Health Ins - CoPay 2,393.15 04/16/2018 700 -00- 2171 -0000 PR Batch 00002.04.2018 Health Ins - Cop; April -2018 PR Batch 00002.04.2018 Health Insurance -HSA 5,433.16 04/16/2018 700 -00- 2171 -0000 PR Batch 00002.04.2018 Health Insurance April- 2018 -Bruc April - COBRA - Bruce DeJong 1,744.43 04/02/2018 700 -00- 2171 -0000 PR Batch 00001.04.2018 Health Insurance April- 2018 -Jean April - COBRA - Jean Panchyshyn 631.26 04/02/2018 700 -00- 2171 -0000 PR Batch 00001.04.2018 Health Insurance Check Total: 18,028.31 AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 861 CHRISTOPHER HEITZ Check Sequence: 21 ACH Enabled: False SW- 2018 -Lic Wastewater License Fee 45.00 04/23/2018 611 -00- 4331 -0000 SW- 2018 -Test Wastewater Test Fee 55.00 04/23/2018 611 -00- 4331 -0000 Check Total: 100.00 Vendor: 215 HENNEPIN COUNTY INFORMATION TECH] Check Sequence: 22 ACH Enabled: True 1000109317 Monthly Radio MESB 121.56 04/23/2018 101 -32- 4321 -0000 Check Total: 121.56 Vendor: UB *00162 Michael & Susan Hnastchenko Check Sequence: 23 ACH Enabled: False Refund Check 61.16 04/12/2018 611 -00- 2010 -0000 Refund Check 26.22 04/12/2018 631 -00- 2010 -0000 Refund Check 26.21 04/12/2018 621 -00- 2010 -0000 Check Total: 113.59 Vendor: 896 HUEBSCH SERVICES Check Sequence: 24 ACH Enabled: True 4053568 SSCC Mats 32.00 04/23/2018 201 -00- 4400 -0000 4053568 City Hall Mats 83.15 04/23/2018 101 -19- 4400 -0000 4061175 SSCC Mats 32.00 04/23/2018 201 -00- 4400 -0000 4061175 City Hall Mats 83.15 04/23/2018 101 -19- 4400 -0000 Check Total: 230.30 Vendor: UB *00160 Thierry & Shelly Ibri Check Sequence: 25 ACH Enabled: False Refund Check 5.63 04/12/2018 601 -00- 2010 -0000 Refund Check 6.57 04/12/2018 611 -00- 2010 -0000 Refund Check 2.81 04/12/2018 631 -00- 2010 -0000 Refund Check 2.82 04/12/2018 621 -00- 2010 -0000 Check Total: 17.83 Vendor: 2 ICMA RETIREMENT TRUST - 302131 -457 Check Sequence: 26 ACH Enabled: False PR -04 -16 -2018 PR Batch 00002.04.2018 Deferred Comp Flat Ai 2,865.00 04/16/2018 700 -00- 2176 -0000 PR Batch 00002.04.2018 Deferred Comp F PR -04 -16 -2018 PR Batch 00002.04.2018 Deferred Comp Percen 155.82 04/16/2018 700 -00- 2176 -0000 PR Batch 00002.04.2018 Deferred Comp F Check Total: 3,020.82 Vendor: 892 IPMA -HR MINNESOTA Check Sequence: 27 ACH Enabled: False 2018 -0409 Conf Registration - Sandie Thone 75.00 04/23/2018 101 -13- 4331 -0000 Check Total: 75.00 AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 686 KANSAS CITY LIFE INSURANCE COMPAN' Check Sequence: 28 ACH Enabled: True April -2018 PR Batch 00002.04.2018 Long Term Disability 546.67 04/16/2018 700 -00- 2181 -0000 PR Batch 00002.04.2018 Long Term Disat April -2018 PR Batch 00002.04.2018 Short Term Disability 634.53 04/16/2018 700 -00- 2181 -0000 PR Batch 00002.04.2018 Short Term Disat Check Total: 1,181.20 Vendor: 247 DREW KRIESEL Check Sequence: 29 ACH Enabled: False March -2018 Building Maint. Services 400.00 04/23/2018 201 -00- 4400 -0000 March -2018 Building General Supplies Exp 116.34 04/23/2018 201 -00- 4245 -0000 March -2018 Pick Up and Supplies Exp 36.00 04/23/2018 201 -00- 4400 -0000 March -2018 Events Program/Class Services 450.00 04/23/2018 201 -00- 4248 -0000 Check Total: 1,002.34 Vendor: 531 LEAGUE OF MINNESOTA CITIES Check Sequence: 30 ACH Enabled: False 270969 Acrobat Pro 51.00 04/23/2018 101 -15- 4433 -0000 Check Total: 51.00 Vendor: UB *00159 Phillip & Elise Marty Check Sequence: 31 ACH Enabled: False Refund Check 47.37 04/12/2018 601 -00- 2010 -0000 Refund Check 55.26 04/12/2018 611 -00- 2010 -0000 Refund Check 23.68 04/12/2018 631 -00- 2010 -0000 Refund Check 23.69 04/12/2018 621 -00- 2010 -0000 Check Total: 150.00 Vendor: UB *00161 Peter & Janelle Mattson Check Sequence: 32 ACH Enabled: False Refund Check 47.37 04/12/2018 601 -00- 2010 -0000 Refund Check 55.26 04/12/2018 611 -00- 2010 -0000 Refund Check 23.69 04/12/2018 631 -00- 2010 -0000 Refund Check 23.68 04/12/2018 621 -00- 2010 -0000 Check Total: 150.00 Vendor: 279 METROPOLITAN COUNCIL (WASTEWATE_ Check Sequence: 33 ACH Enabled: True 1080938 Monthly Waste Water Svc 64,243.45 04/23/2018 611 -00- 4385 -0000 Check Total: 64,243.45 Vendor: 453 METROPOLITAN COUNCIL (SAC) Check Sequence: 34 ACH Enabled: False 1st Qtr- 2018 -SAC Quarterly SAC Report 9,840.60 04/23/2018 611 -00- 2082 -0000 Check Total: 9,840.60 AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 11 MINNESOTA DEPARTMENT OF REVENUE Check Sequence: 35 ACH Enabled: True PR -04 -16 -2018 PR Batch 00002.04.2018 State Income Tax 2,396.36 04/16/2018 700 -00- 2173 -0000 PR Batch 00002.04.2018 State Income Tax Check Total: 2,396.36 Vendor: 298 MINNESOTA DEPARTMENT OF LABOR & I1 Check Sequence: 36 ACH Enabled: False ABR01851021 24200 Smithtown Rd - Pressure Vessel 10.00 04/23/2018 101 -32- 4437 -0000 ABR01851191 5755 Covington Road - Pressure Vessel 10.00 04/23/2018 101 -32- 4437 -0000 Check Total: 20.00 Vendor: 869 MINNESOTA UNEMPLOYMENT INSURANC Check Sequence: 37 ACH Enabled: False ID- 11947627 1st Qtr -Bruce DeJong 3,509.13 04/23/2018 101 -15- 4141 -0000 Check Total: 3,509.13 Vendor: 920 NIELSEN METAL MANUFACTURING, INC. Check Sequence: 38 ACH Enabled: False 1294 Kitchen Stainless Steel Work- SSCC 3,159.80 04/23/2018 201 -00- 4223 -0000 Check Total: 3,159.80 Vendor: 322 OFFICE DEPOT Check Sequence: 39 ACH Enabled: False 121384679001 Gen Supplies 20.22 04/23/2018 101 -13- 4200 -0000 121384980001 Gen Supplies 113.97 04/23/2018 101 -13- 4200 -0000 Check Total: 134.19 Vendor: 665 OPTUM BANK Check Sequence: 40 ACH Enabled: True PR -04 -16 -2018 PR Batch 00002.04.2018 HSA - OPTUM BANK 775.77 04/16/2018 700 -00- 2183 -0000 PR Batch 00002.04.2018 HSA - OPTUM B. Check Total: 775.77 Vendor: 9 PERA Check Sequence: 41 ACH Enabled: True PR -04 -16 -2018 PR Batch 00002.04.2018 MN -PERA Deduction 3,781.94 04/16/2018 700 -00- 2175 -0000 PR Batch 00002.04.2018 MN -PERA Dedu PR -04 -16 -2018 PR Batch 00002.04.2018 MN PERA Benefit Em 4,363.79 04/16/2018 700 -00- 2175 -0000 PR Batch 00002.04.2018 MN PERA Benel Check Total: 8,145.73 Vendor: 685 BRENDA PRICCO Check Sequence: 42 ACH Enabled: True April- 2018 -Well Wellsness Expense 40.00 04/23/2018 101 -13- 4101 -0000 March- 2018 -Well Wellsness Expense 40.00 04/23/2018 101 -13- 4101 -0000 Check Total: 80.00 Vendor: UB *00157 Steven Quinlan Check Sequence: 43 ACH Enabled: False AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 7 Refund Check 5.95 04/12/2018 601 -00- 2010 -0000 Refund Check 6.94 04/12/2018 611 -00- 2010 -0000 Refund Check 2.98 04/12/2018 631 -00- 2010 -0000 Refund Check 2.97 04/12/2018 621 -00- 2010 -0000 Check Total: 18.84 Vendor: 919 RESTORE & MORE LLC Check Sequence: 44 ACH Enabled: False 1383 Remove Carpet - Library 2,213.00 04/23/2018 201 -00- 4223 -0000 1384 Remove Carpet - Coat & Office 1,515.00 04/23/2018 201 -00- 4223 -0000 1385 Remove Carpet - Hallway 1,650.00 04/23/2018 201 -00- 4223 -0000 1386 Remove Carpet - Lobbly & Foyer 10,035.00 04/23/2018 201 -00- 4223 -0000 1387 Remove Carpet - Banquest 11,439.60 04/23/2018 201 -00- 4223 -0000 Check Total: 26, 852.60 Vendor: 355 SHRED -N -GO INC Check Sequence: 45 ACH Enabled: False 75948 Shredded Svc 35.83 04/23/2018 101 -13- 4400 -0000 Check Total: 35.83 Vendor: 360 SOUTH LAKE MINNETONKA POLICE DEPA Check Sequence: 46 ACH Enabled: False May- 2018 -013 Monthly- Operating Budget Exp 102,886.08 04/23/2018 101 -21- 4400 -0000 Check Total: 102, 886.08 Vendor: 917 SHARI STAMPS Check Sequence: 47 ACH Enabled: False Rental- 042018 Rental of Dining Room - SSCC - Refund 100.00 04/23/2018 201 -00- 3410 -0000 Check Total: 100.00 Vendor: UB *00158 Doris Stern Check Sequence: 48 ACH Enabled: False Refund Check 33.16 04/12/2018 601 -00- 2010 -0000 Refund Check 38.68 04/12/2018 611 -00- 2010 -0000 Refund Check 16.58 04/12/2018 631 -00- 2010 -0000 Refund Check 16.58 04/12/2018 621 -00- 2010 -0000 Check Total: 105.00 Vendor: 821 SANDRA LEE THONE Check Sequence: 49 ACH Enabled: False March- 2018 -Mile Reimbursement - Mileage 130.80 04/23/2018 101 -13- 4331 -0000 Check Total: 130.80 Vendor: 379 THREE RIVERS PARK DISTRICT Check Sequence: 50 ACH Enabled: False AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 26744 04/23/2018 Office Group Education Event on 08/10/2018 200.00 Check Total: Vendor: 694 TIMESAVER OFF SITE SECRETARIAL, INC. M23744 04/23/2018 Council Meeting 211.00 Check Total: Vendor: 388 UNIQUE PAVING MATERIALS CORP. 34618 04/23/2018 Cold Mix 34778 04/23/2018 Cold Mix 1,696.25 Check Total: Vendor: 392 VALLEY -RICH CO. INC. 25434 04/23/2018 Water Break Svcs 5,992.12 Check Total: Vendor: 421 VERIZON WIRELESS 9804562515 Sewer & Water - Acct8 420 1 73 8 6 9804562515 Sewer & Water - Acct8 420 1 73 8 6 9804562515 S & W Lines - Acct842017386 55.34 04/23/2018 Check Total: Vendor: 415 WARNER CONNECT 29936048 Monthly Network Maint Services 29936073 04/23/2018 Additional Services Charge 99.99 04/23/2018 Check Total: Vendor: UB *00164 Waterford Homeowners Association Refund Check 1,119.27 04/16/2018 Refund Check 204.08 04/16/2018 Check Total: AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) 200.00 04/23/2018 101 -53- 4248 -0000 200.00 Check Sequence: 51 211.00 04/23/2018 101 -13- 4400 -0000 211.00 Check Sequence: 52 882.50 04/23/2018 101 -32- 4250 -0000 813.75 04/23/2018 101 -32- 4250 -0000 1,696.25 Check Sequence: 53 5,992.12 04/23/2018 601 -00- 4400 -0000 5,992.12 Check Sequence: 54 55.34 04/23/2018 601 -00- 4321 -0000 55.34 04/23/2018 611 -00- 4321 -0000 55.34 04/23/2018 631 -00- 4321 -0000 166.02 Check Sequence: 55 2,761.45 04/23/2018 101 -19- 4321 -0000 99.99 04/23/2018 101 -19- 4321 -0000 2,861.44 Check Sequence: 56 1,119.27 04/16/2018 611 -00- 2010 -0000 204.08 04/16/2018 631 -00- 2010 -0000 1,323.35 ACH Enabled: True ACH Enabled: True ACH Enabled: False ACH Enabled: False Acct #842017386-00001 Acct #842017386-00001 Acct #842017386-00001 ACH Enabled: True ACH Enabled: False Page 8 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: 288,656.05 Total of Number of Checks: 56 AP- Computer Check Proof List by Vendor (04/19/2018 - 9:02 AM) Page 9 #2C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title /Subject: Resolution 18 -035; 2018 Liquor License Renewals Meeting Date: Monday, April 23, 2018 Prepared by: Sandie Thone, City Clerk Reviewed by: Brenda Pricco, Administrative Assistant Attachments: Resolution 18 -035 Approving 2018 Liquor License Renewals Policy Consideration: Approval of 2018 Liquor License Renewals: Shorewood City Code Chapter 401, Liquor Regulations provides for consideration of licensing establishments to sell on and off -sale liquor in the city limits. Background: The following establishments are requesting council consideration in renewing their existing liquor licenses which expire on May 31, 2018: Applicant Address License Shorewood 2001 L.L.C, Cub Foods American Legion 259 Clarence Clofer Post Wine & Spirits by JD Inc MGM Wine & Spirits Shorewood Liquor Inc. Shorewood Liquors Fat Jacks LLC Tino's Cafe Pizzeria 23800 State Highway 7 Off - Sale /3.2 Shorewood, MN 55331 24450 Smithtown Road Club On -Sale Shorewood, MN 55331 5660 County Rd 19 Off -Sale Shorewood, MN 55331 23670 St Hwy 7 Off -Sale Shorewood, MN 55331 19215 MN Hwy 7 On -Sale Wine /3.2% Shorewood, MN 55331 and Sunday The licensees have submitted all the required documentation, met the insurance liability requirements, successfully passed background investigations, submitted the required licensing fees and met the State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement requirements as well. Financial or Budget Considerations: Licensing fees as set forth in the City's fee schedule for liquor licenses have been collected. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Recommendation /Action Requested: Staff respectfully recommends the city council approve liquor license renewals effective June 1, 2018 through May 31, 2019 for the above delineated establishments in the city limits. Motion, second, and simple majority vote required. Connection to Vision /Mission: Consistency in providing the community with quality public services and a variety of attractive amenities. CITY OF SHOREWOOD COUNTY OF HENNEPIN, STATE OF MINNESOTA RESOLUTION 18 -035 APPROVING 2018 LIQUOR LICENSE RENEWALS WHEREAS, Shorewood City Code, Chapter 401 provides that no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit; and WHEREAS, in addition to the requirements set forth by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, Shorewood City Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill insurance coverage requirements and complete a successful background investigation; and WHEREAS, the following applicants successfully completed the application process, satisfying the requirements as delineated above for the issuance of liquor licenses issued for the period of one year, or that portion thereof, from June 1, 2018 to May 31, 2019, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the following licenses issued to the applicants as follows are approved: Applicant Shorewood 2001 L.L.C, Cub Foods American Legion 259 Clarence Clofer Post Wine & Spirits by JD Inc MGM Wine & Spirits Shorewood Liquor Inc Shorewood Liquors Fat Jacks LLC Tino's Cafe Pizzeria Address 23800 State Highway 7 Shorewood, MN 55331 24450 Smithtown Road Shorewood, MN 55331 5660 County Rd 19 Shorewood, MN 55331 23670 St Hwy 7 Shorewood, MN 55331 19215 MN Hwy 7 Shorewood, MN 55331 License Off - Sale /3.2 % Malt Liquor Club On -Sale Off -Sale Off -Sale On -Sale Wine /3.2% Sunday ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 23rd day of April 2018. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk V 2D MEETING TYPE City of Shorewood u nCI l Meeting Item Regular Meeting Title / Subject: Accept Proposal for Safety Consultation Services, SafeAssure Consultants, Inc. Meeting Date: April 23, 2018 Prepared by: Larry Brown, Director of Public Works Attachments Proposal by SafeAssure Consultants, Inc. Policy Consideration: Should the City of Shorewood enter into a contract with SafeAssure Consultants Inc., to provide safety training and mandated safety programs? Background / Previous Action: The Occupational Safety and Health Administration (OSHA) mandates safety training for all employees. Each year all employees must be certified in the following areas: ♦ Employee Right to Know ♦ Blood Borne Pathogens ♦ Emergency Action Plan Beyond the training indicated above, Public Works Personnel are also mandated to be certified annually in the following areas: ♦ A Workplace Accident and Injury Reduction Program (AWAIR) ♦ Emergency Action Plan ♦ Control of Hazardous Energy ♦ Hazard Communications ♦ Recording and Reporting of Injuries and Illnesses ♦ Confined Space Entry /Rescue ♦ Respiratory Protection ♦ Occupational Noise Exposure ♦ Powered Industrial Trucks ♦ General Duty Clause ♦ Personal Protective Equipment ♦ Overhead Cranes ♦ Ergonomics ♦ Operation of Mobile Earth Moving Equipment 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 SafeAssure Inc. has provided these services previously, as a joint project with 11 other Lake area communities. The ability to train with other municipalities provides the opportunity to train at a cost of approximately one fourth the cost of other programs. SafeAssure also provides an automated Safety Data Sheet program. OSHA mandates that every material that an employee comes in contact with must have a Safety Data Sheet (SDS) that outlines health risks, protective equipment to be utilized, and chemical reaction data. This mandate not only applies to chemicals, but to everyday items such as bolts, wood, and asphalt. The job of keeping SDS sheets current for every product that is received is an ominous task, at best. Attachment 1 is the proposal from SafeAssure in the amount of $3,139.05. This cost represents a $61.50 increase to last year's cost, and has been budgeted for in the Public Works Operations Budget. Staff Recommendation Staff is recommending approval of a motion accepting the proposal from Safe Assure Consultants, for an amount not to exceed $3,139.05. Financial or Budget Considerations: The services, as specified, have been programmed into the annual 2018 operating budget. Options: 1. Accept the proposal by approving Resolution 18 -036. 2. Provide Staff with alternative direction. Recommendation /Action Requested: 1. Staff is recommending Option 1 that approves the Resolution that accepts the proposal for safety consultation services. Connection to Vision / Mission: Providing safe services for employees helps provide quality services to our residents. The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to The City of Shorewood are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work place Accident & Injury program that ,promotes safe & healthful working conditions": EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action ,plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies" : CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control ofpotentiallyhazardous energy when employees are engaged in the activities covered by this section': HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees mayinclude, butis notlimited to, provision for- development & maintaining a written hazard communication program for the workplace... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment ........... . CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8 -hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. ATTACHMENT 1 1 VIII Of 7 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to overate a,powered industrial truck Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks' GENERAL DUTY CLAUSE PL91 -596 "Hazardous conditions or practices not covered in an O. S. H.A. Standard may be covered under section 5(a)(1) of the act, which states Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees " PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) 'Application. " Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or en vironment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function ofany part of the body through absorption, inhalation or physical contact OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed atintervals asgenerallydefined in paragraph (j)(1)(11)(b) of this section, depending upon its activity ..................... ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD s, MSD hazards and controls used to address MSD hazards " MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth- moving equipment operators and a# other employees working on the ground exposed to mobile earth- moving equipment shall be trained in the safe work procedures pertaining to mobile earth- moving equipment and in the recognition of unsafe or hazardous conditions. 2 VIII Of 7 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man - lifts, and Vehicle- Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart I - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart 0 - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand -Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart I - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) 3 VIII Of 7 All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and /or Federal OSHA requirements. These programs /policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Shorewood to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal /contract. Classroom training will be accomplished at a time convenient to most employees /management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for The City of Shorewood are for the sole and express use by The City of Shorewood and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and /or additions to your program when necessary to comply with changing OSHA standards /statutes. These changes or additions, when made during a contract year, will be made at no additional cost to The City of Shorewood. All written programs/ services that are produced by SafeAssure Consultants, Inc. are iiiimmeiiir t eed to meet the requirements set forth by MNOSHA /OSHA. SafeAssure Consultants, Inc. will reimburse The City of Shorewood should MNOSHA /OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA /OSHA fines that are unrelated to written programs mentioned above. 4 VIII Of 7 I_1 11014 010111 Z I SAFETY PROGRAM RECOMMENDATIONS The City of Shorewood Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review /modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know /Hazard Communication • review /modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating DAMARCO Solutions, LLC, MSDS and data base program Lock Out /Tag Out (Control of Hazardous Energy) • review /modify or write site specific program • documented training of all personnel Emergency Action Plan • review /modify or write site specific program • documented training of all personnel Respiratory Protection • review /modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review /modify or write site specific program • documented training of all personnel Cranes - Chains - Slings • review /modify or write site specific program • documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) • review /modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review /modify or write site specific program • documented training of all personnel Confined Space review /modify or write site specific program documented training of all personal 5 VIII Of 7 Powered Industrial Trucks/ Forklifts • review /modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review /modify or write site specific program • documented training of all personnel • job hazards - recognition • control steps • reporting • management leadership requirements • employee participation requirements Mobile Earthmoving Equipment • review /modify or write site specific program • documented training of all personal General Safety Requirements • review /modify or write site specific program • documented training of all personnel The " "SafeAssure Advantage" • On -Line training available for AWAIR, EAP, ERTK, ERGO, Bloodborne • Safety Committee Advisor • Employee Safety Progress Analysis • SafeAssure " "Client Discount Card" from Fastenal Stores or Catalogs (15% off any item) • .lob Hazard Analysis (.IHA for more hazardous tasks /jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings -(CO2 testing in shops with 5 or more vehicle capacity) • Documented foot - candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • " "ALERT" data base • Unlimited consulting services 6 VIII Of 7 Contract/ Agreement THIS AGREEMENT is made this first day of May, 2018 between The City of Shorewood, Shorewood, Minnesota, herein referred to as The City of Shorewood and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local /state /national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this contract /agreement, The City of Shorewood (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by "The Hartford" insurance companies. SafeAssure further agrees that The City of Shorewood will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges The City of Shorewood, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless The City of Shorewood, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of The City of Shorewood, and nothing in this agreement shall be considered to create the relationship of an employer /employee. In consideration of this signed agreement /contract, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide The City of Shorewood, the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom- training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of The City of Shorewood. ANNUAL CONTRACT MSDS ON -LINE SERVICES $ 3,139.05 $ included ANNUAL $3,139.05 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH CONTRAC7II=* X The City of Shorewood XC 1:1 040318 SafeAssure Consultants, Inc. Date 7 VIII Of 7 The City of Shorewood CITY OF SHOREWOOD RESOLUTION NO. 18-036 A RESOLUTION ACCEPTING PROPOSAL FOR SAFETY CONSULTATION SERVICES, SAFEASSURE CONSULTANTS, INC. WHEREAS, the Occupational Safety and Health Administration mandates that every employer have in place a safety training program and comprehensive written safety policies; and WHEREAS, the City of Shorewood is committed to keeping their employees trained and performing their job in a safe manner; and WHEREAS, the Director of Public Works has solicited a proposal from SafeAssure Consultants, Inc. and has found it to be in order. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood that the proposal provided for safety consultation services by SafeAssure Consultants Inc., in the amount of $3,139.05 be approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of April, 2018. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk #2E MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Setting the Date for the Appreciation Event Meeting Date: April 23, 2018 Prepared by: Greg Lerud Background: An email was sent to council, volunteers, and staff asking for a reply on dates they would be available for the appreciation event. August 17 was the date most selected. As in the past, the event will recognize volunteer commissioners, representatives, and staff. The past budget for the event and appreciation activities has been $2,500. It is expected the cost will be under that amount. Recommendation: Designate August 17 as the date for the event so people can include it in their schedules. Event details and an RSVP will be sent out to everyone closer to the event. 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 v 2F MEETING TYPE City of Shorewood I ty Council Regular Meeting Title / Subject: Authorization to Hire Two Temporary Seasonal Workers Meeting Date: April 23, 2018 Prepared by: Larry Brown, Director of Public Works Attachments: None Policy Consideration: Should the City hire two temporary seasonal staff to meet maintenance labor needs? Background: Traditionally, the City has hired two temporary seasonal employees annually to assist with park maintenance items and routine grounds maintenance, in addition to assisting the roadway patching crew when necessary. This year is no exception. These positions have been budgeted as part of the normal operating budget. Staff is recommending that these temporary positions will be compensated at the hourly rate of $11.00 per hour, with the position expiring at the end of the business day on September 28, 2018. Staff has received two applications for the positions, have performed interviews of the two candidates, and are making recommendation that the two candidates be hired. The two candidates interviewed are Mr. Bill Hardenbergh and Mr. Evan Kiecker. Financial or Budget Considerations: These appointments are budgeted as part of the approved 2018 Operating Budget for Public Works. Recommendation /Action Requested: Staff is recommending approval of a motion that authorizes staff to hire Mr. Bill Hardenbergh and Mr. Evan Kiecker to fill two temporary seasonal positions that will expire on end of business day of September 28, 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 #2G MEETING TYPE City of Shorewood Council Meeting Item Regular Title / Subject: 41M Fixed Rate Investment Program Meeting Date: April 23, 2018 Prepared by: Joe Rigdon, Interim Finance Director Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Reauthorizing Membership in the 4M Fund 4M Fund Declaration of Trust Background: Wells Fargo Securities The City recently received notification from Wells Fargo Securities (WFS) that certain changes related to Municipal Securities Rulemaking Board (MSRB) Rule G -15 will become effective on May 14, 2018. The customer trade confirmations and new disclosure requirements include disclosure of mark -ups or mark- downs (commissions) for various transactions with non - institutional accounts. WFS has classified the City's investment brokerage account as non - institutional due to the City's total assets being less than $50 million. Due to the new trade confirmation disclosure requirements, WFS has determined that it will no longer offer various security types to its non - institutional accounts, including: • Municipal Bonds • Agency Securities The City desires to maintain the option to invest in municipal bonds and agency securities, and the City does hold municipal bonds and agency securities in its WFS account. WFS has also decided that as a result of the regulatory disclosure requirements, it will no longer be able to purchase those securities from the City in the event the City wishes to sell. 4M Fund The City currently utilizes the Minnesota Municipal Money Market Fund (4M Fund) for holding liquid money market assets. The City Administrator and Interim Finance Director recently met with a representative from PMA Financial Network, the 4M Fund's administrator, and discussed the 4M Fund's fixed rate investment program. The program investment options include agencies, treasuries, municipal securities, and certificate of deposit (CD) products. According to PMA representatives, the MSRB G -15 rule changes are related to retail customer trade confirmations, and are not applicable to their client base. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. In order to participate in the 4M Fund's fixed rate investment program, the City Council would need to approve the attached Resolution Reauthorizing Membership in the 4M Fund. The resolution references a Declaration of Trust, which is also attached. In the event the City Council approves the 4M resolution, it is contemplated that City staff will proceed with transferring its WFS investment holdings of approximately $7.5 million at March 31, 2018 to a 4M Fund custodial account. Financial or Budget Considerations: As of May 14, 2018, the City's WFS account investment options (both purchase and sale) will be restricted. Authorizing use of the 4M Fund's fixed rate investment program and transferring the WFS investment portfolio to a 4M Fund custodial account will enable the City to maintain options for future investment considerations. Options: 1. Approve the Resolution Reauthorizing Membership in the 4M Fund. 2. Do not approve the Resolution Reauthorizing Membership in the 4M Fund. Recommendation / Action Requested: Staff recommends that the City Council approve the Resolution Reauthorizing Membership in the 4M Fund. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 18 -037 RESOLUTION REAUTHORIZING MEMBERSHIP IN THE 4M FUND WHEREAS, Minnesota Statutes (the Joint Powers Act) provides that governmental units may jointly exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund (the 4M Fund) was formed in 1987, pursuant to the Joint Powers Act and in accordance with Minnesota Investment Statutes, by the adoption of a joint powers agreement in the form of a Declaration of Trust; and WHEREAS, the Declaration of Trust, which has been presented to this Council, authorizes municipalities of the State of Minnesota to become Participants of the Fund and make use from time to time including the 4M Liquid Asset Fund, the 4M Plus Fund, the Term Series, the Fixed Rate Programs, and other Fund services offered by the Fund; and WHEREAS, this Council deems it to be in the best interest for the municipality to make use of, from time to time, the approved services provided by the 4M Fund's service providers including the Investment Advisor (Prudent Man Advisors, Inc.) or Sub - Advisor (RBC Global Asset Management (U.S.) Inc.), the Administrator (PMA Financial Network, Inc.), the Distributor (PMA Securities, Inc.) or the Fixed Rate Program Providers, PMA Financial Network, Inc. and PMA Securities, Inc., and the Custodian, U.S. Bank National Association, ( "Service Providers ") and/or their successors. WHEREAS, this Council deems it advisable for this municipality to enter into the Declaration of Trust and become a Participant of the Fund for the purpose of joint investment with other municipalities so as to enhance the investment earnings accruing to each; now, therefore BE IT RESOLVED AS FOLLOWS: Section 1. This municipality shall renew its membership as a Participant of the Fund and adopt and enter into the Declaration of Trust, a copy of which shall be filed in the minutes of this meeting. The appropriate officials are hereby authorized to execute those documents necessary to effectuate entry into the Declaration of Trust and the participation of all Fund programs. Section 2. This municipality is authorized to invest monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers of the municipality or their successors are designated as "Authorized Officials" with authority to effectuate investments and withdrawals in accordance with the Declaration of Trust: Greg Lerud City Administrator Print Name Title Joe Rigdon Interim Finance Director Print Name Title Michelle Nguyen Senior Accountant Print Name Title / /S // Signature / /S // Signature / /S // Signature The City shall advise the Fund of any changes in Authorized Officials in accordance with Fund procedures. Section 3. The Trustees of the Fund are designated as having official custody of those monies invested in accordance with the Declaration of Trust. Section 4. That the municipality may open depository and other accounts, enter into wire transfer agreements, safekeeping agreements, third party surety agreements securing deposits, collateral agreements, letters of credit, lockbox agreements, or other applicable or related documents with institutions participating in Fund programs including U.S. Bank National Association, or its successor, or programs of PMA Financial Network, Inc. or PMA Securities, Inc. for the purpose of transaction clearing and safekeeping, or the purchase of certificates of deposit ( "CDs ") or other deposit products and that these institutions shall be deemed eligible depositories for the municipality. PMA Financial Network, Inc. and PMA Securities, Inc. and their successors are authorized to act on behalf of this municipality as its agent with respect to such accounts and agreements. Monies of this entity may be deposited in such depositories, from time to time in the discretion of the Authorized Officials, pursuant to the Fund's Programs available through its Services Providers. Adopted this 23rd day of April, 2018. ATTEST: Sandie Thone, City Clerk 2 Scott Zerby, Mayor ate of M inneso SECRETARY OF STATE Certificate of Business Trust I. Joan Anderson Growe, Secretary of State of Minnesota, do certify that: A copy of the Declaration of Trust of the trust listed below Was filed With this office on this date, by a member of the board of trustees of that trust. who swore that the copy filed was a true and correct copy of the declaration of trust_ The trustee also set forth the name and address of the agent of the trust for service of process, and met all the filing requirements of Minnesota Statutes, Chapter 318. Name of Business Trust: Minnesota Municipal Money Market Fund File Number: BT -406 Name and Address of Agent for Service of Process: League of Minnesota Cities The Leacrue of MN Cities 183 Univ Ave E St Paul MN 55161- This certificate has been issued on 04/23/87. Secretary of State. EXHIBIT C NITNNESOTA NIUNICIPAL NIONEY NIARKET FUND (A Minnesota entity formed -pursuant to the Minnesota Joint Powers Act) DECLARATION OF TRUST (As adopted in January, 1987) Q? to G� G r J TABLE OF COT E"T -N-T-5 %.e ARTICLE II veers of the Trustees 9 6 RECITALS 10 Section 2.02 Permitted Investments I I Section 2.03 ARTICLE I 11 Section 2.04 Disposition of Assets The 4M Fund Section 2.05 Taxes 12 Section 2.06 7 Section 1.01 Name Purpose; Only Certain Minnesota Municipalities to be Participants 7 Section 1.02 `` 12 Section 2.09 Section 1.03 Location Nature `of 4M Fund and Declaration of Trust 7 Section 1.04 13 Section 2.11 8 Section 1.05 Definitions _ 13 ARTICLE II veers of the Trustees 9 Section 2.01 General 10 Section 2.02 Permitted Investments I I Section 2.03 Legal Title 11 Section 2.04 Disposition of Assets 12 Section 2.05 Taxes 12 Section 2.06 Rights as Holders of Fund Property 1 ` Section 2.07 Delegation; Committees 12 — Section 2.08 Collection 12 Section 2.09 Payment of Expenses 13 Section 2.10 Borrowing and Indebtedness 13 Section 2.11 Deposits 13 Section 2.12 Valuation 13 Section 2.13 Section 2.14 Fiscal Year, Accounts Concerning the Fund and Certain Affiliates 13 14 Section 2.15 Section 2.16 Investment Program Power to Contract, Appoint, Retain and Employ 14 15 Section 2.17 Insurance 15 Section 2.18 Seal 15 Section 2.19 Indemnification 15 Section 2.20 Remedies 15 Section. 2.21 Information Statement 16 Section 2.22 Further Powers 16 Section 2.23 Compliance With Laws• -- 16 Section 2.24 Tax or Aid or Revenue Anticipation Borrowing ARTICLE III chnicnl Advisory Bondd. Investment Adviser. Administrator. and Custodian Section 3.01 Appointment 16 Section 3.02 Duties of the Adviser 17 Section 3.03 Duties of the Administrator 17 Section 3.04 Duties of the Custodian 17 Section 3.05 Successors 17 ARTICLE IV Investments Section 4.01 Statement of Investment Policy and Objective 17 Section 4.02 Restrictions Fundamental to the Fund 18 Section 4.03 - Amendment of Restrictions 19 ARTICLE V ARTICLE VI Interests of Participants Section 6.01 Limitations of Liability Section 6.02 Section 5.01 Liability to Third Persons 19 Section 5.02 Liability to the Fund or to the Participants 19 Section 5.03 Indemnification 19 Section 5.04 Surety Bonds 20 Section 5.05 Apparent Authority 20 Section 5.06 Recitals. 21 Section 5.07 Reliance on Experts, Etc. 21 Section 5.08 Liability Insurance 21 Section 5.09 No Waiver 21 ARTICLE VI Interests of Participants Section 6.01 General Section 6.02 Allocation of Shares - Section 6.03 Evidence of Share Allocation Section 6.04 Reduction in Number of Shares to Maintain Constant Net Asset Value Section 6.05 Withdrawals Sectibn 6.06 Suspension of Right of Withdrawal; Postponement of Payment Section 6.07 Minimum Withdrawal Section 6.08 Defective Withdrawal Requests Section 6.09 ' Allocation of Certain Expenses 21 22 22 22 22 22 23 23 23 P11 23 24 24 24 24 24 24 25 f 25 25 25 .25 25 26 26 26 26 27 27 27 28 28 28 28 I ARTICLE VII Record of Shares Section 7.01 Share Register Section 7.02 Registrar Section 7.03 Owner of Record Section 7.04 No Transfers of Shares Section 7.05 Limitation of Fiduciary Responsibility Section 7.06 Notices ARTICLE VIII Participants Section 8.01 Voting Section 8.02 Right to Initiate a Vote of the Participants '-" Section 8.03 Inspection of Records Section 8.04 Meetings of Participants Section 8.05 Notice of Meetings and Votes Section 8.06 Record Date for Meetings and Votes Section 8.07 Proxies Section 8.08 Number of Votes Section 8,09 Reports ARTICLE IX - Trustees and Officers Section 9.01 Number and Qualification; Non - Voting Trustees Section 9.02 Meetings Section 9.03 Officers Section 9.04 Committees Section 9.05 Reports ARTICLE X Determination of Net Asset Value and Net Tncome: Distributions to Participants Section 10.1 Net Asset Value Section 10.2 Constant Net Asset Value; Reduction of Allocated Shares Section 10.3 Supplementary Distributions to Participants Section 10.4• Retained Reserves 23 24 24 24 24 24 24 25 f 25 25 25 .25 25 26 26 26 26 27 27 27 28 28 28 28 I 0 ARTICLE XI Custodian Section 11.1 Duties' 29 29 Section 11.2 Appointment 29 Section 11.3 Custodian Agreement Z9 Section 11.4 Agents of Custodian 29. Section 11.5 Successors 29 Section 11.6 Custodian as Depository for Pa rticipants ARTICLE XII Recording, of Declirntion of Trust Section 12.1 Recording 29 l ARTICLE XIII Amendment or Termination of Fund- Duration of Fund Section 13.1 Amendment or Termination 30 Section 13.2 Power to Effect Reorganization - 31 Section 13.3 Duration 31 ARTICLE XIV 1 iscellaneous Section 14.1 Governing Law 31 31 Section 14.2 Counterparts 31 Section 14.3 Reliance by Third Parties 32 Section 14.4 Provisions in Conflict with Law 32 Section 14.5 Gender; Section Headings . Section 14.6 -Adoption by Municipalities Electing to Become Additional 32 Participants; Resignation of Participants Execution WiTNESETH: WHEREAS, Minnesota Statutes, Section 471.59 (the "Joint Powers Act ") provides, among other things, that governmental units (as such term is defined therein), by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the term "governmental unit" is defined in the Joint Powers. Act to include municipality as defined herein; and 0 «'HEREAS, all of the Initial Participants are Municipalities of the State of Minnesota that desire to enter into an agreement and thereby establish an entity for joint investment;-vnder the provisions of the aforementioned Joint Powers Act, pursuant to this Declaration of Trust for the purpose of combining their respective available investment funds not currently needed by such Municipalities so as to enhance the investment opportunities available to them and increase the investment earnings accruing to them respectively; and WHEREAS, this Declaration of Trust is intended to be an agreement entered into pursuant to the Joint Powers Act for the purpose of better exercising the Participants' power to invest their respective funds in accordance with the Laws of the State of Minnesota; and WHEREAS, the Board or Council of each of the Initial Participants has duly adopted a resolution authorizing the applicable Initial Participant to become a party to, and has approve&, this Declaration of Trust pursuant to the Joint Powers Act; and WHEREAS, the Board or Council of each of the Initial Participants, by its aforementioned • approval of this Declaration of Trust, has authorized the investment of funds of such Initial Participant in investments of the nature permitted by Minnesota Law, as applicable, and in the manner contemplated by this Declaration of Trust; and WHEREAS, it is proposed that the beneficial interest in the 414 Fund's assets shall be divided into non - transferable shares of beneficial interest, which shall be evidenced by a share register maintained by the 4M Fund or its agent; and WHEREAS, the Initial Participants anticipate the other Municipalities of the State of Minnesota may wish to become Participants by adopting this Declaration of Trust and thus becom- ing parties to it; NOW, THEREFORE, the Initial Participants hereby declare that all moneys, assets, securities, funds and property now or hereafter acquired pursuant to this agreement shall be held and managed' in trust for the equal and proportionate benefit of the holders of record from time to time of shares beneficial interest herein, without privilege, priority or distinction among such holders, and subject to the terms, covenants, conditions, purposes and provisions hereof. 6 ARTICLE I The 4Ni Fund to 1.01 Name. The name of the common law trust created by this Declaration of Trust shall be "Minnesota Municipnl Money N4nrket Fund" (the 4M Fund) and, so far as may be practica- ble, the Trustees shall conduct the 4M Fund's activities, execute all documents and sue or be sued under that name, which name (and the word "4M Fund" wherever used in this Declaration of Trust, except where the context otherwise requires) shall refer to the Trustees in their capacity as Trustees, and not individually or personally, and shall not refer to the officers, agents, employees, counsel, advisers, consultants, accountants, or Participants of the +4M Fund or of such Trustees. x Should the Trustees determine that the use of such name is not practicable, legal or convenient, they may use such other designation or they may adopt such other name for the 4NI Fund as they deem proper, and the 4M Fund may hold property and conduct its activities under such designation or name. The Trustees shall take such actions as they, acting with the advice of counsel, shall deem necessary or appropriate to file or register such name in accordance with the Laws -of the State of Minnesota or the United States of America so as to protect and reserve the right of the 4M Fund in and to such name. 1.02 Puroose Only Certain Minnesom Municipalities to be Participants. (a) The purpose of the 4M Fund is to provide a means through which Municipalities may jointly and cooperatively exercise their power to invest their respective available funds so as to enhance their investment opportunities pursuant to an investment program conducted from time to time in effect, governing the in accordance with the Laws of the State of Minnesota, investment of the Municipal Funds. Only Municipalities organized under the Laws of the State of Minnesota may become Participants. A Municipality may become a party to this Declaration of Trust and may place moneys in the 4M Fund only after its Board or Council has duly adopted a resolution, or taken other applicable official action, authorizing such Municipality to become a Participant of the 4M Fund and adopting this Declaration of Trust. -(b) It is not necessary for a municipality to place any funds in the 4M Fund to become a Participant, and no minimum investment balance must be maintained by a Municipality which has become a Participant in order for such Municipality to continue to be a Participant. 1.03 Location. The 4M Fund shall maintain an office of record in the State of Minnesota and may maintain such other offices or places of business as the Trustees may from time to time determine. The initial office of record of the 4M Fund shall be: c/o League of Minnesota Cities, 183 University Ave. East, St. Paul, Minnesota 55101. The office of record may be changed from time to time by resolution of the -Trustees, and notice of such change of the office of record shall be given to each Participant. 1.04 N,tu a of dNJ Fend and Declaration of Trust. (a) The 4M Fund shall be a common law trust (also known as a business trust) organi- zed and existing under the laws of the State of Minnesota. The 4M Fund is not intended to be, shall not be deemed to be, and shall not be treated as, a general partnership, limited partnership, 7 joint venture, corporation, investment company, joint stock association or joint stock compan}. The Participants shall be beneficiaries of the 4M Fund, and their relationship to the Trustees shall be solely in their capacity as Participants and beneficiaries in.accordance with the rights conferred upon them hereunder. (b) This Declaration of Trust is an agreement of indefinite term regarding the joint or cooperative exercise of a power common to the parties thereto. within the meaning of the Joint Powers Act. 1.05 Definitions. As used in this Declaration of Trust, the following terms shall have the following meanings unless the context hereof otherwise requires: "Administrator" shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Section 3.1 hereof. 'Administration Agreement" shall mean the agreement with the Administrator referred to in Section 3.3 hereof as the same may be amended from time to time. "Adviser" shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Section 3.1 hereof. "Affiliate" shall mean, with respect to any Person, another Person directly or indirectly controlling, controlled by or under common control with such Person, or any officer, director, partner or employee of such Person. "Board of Trustees" or "Trustees" shall mean the Board of Directors of the League of Minnesota Cities. �c o <A _�� "Board" or "Council" shall mean the governing body of a Minicipality as defined herein. "Custodian" shall mean any Person or Persons appointed, employed or contracted with by the Administrator under the applicable provisions of Section 11.2 hereof. — "Custodian Agreement" shall mean the agreement with the Custodian referred to in Section 11.1 hereof as the same may be amended from time to time. "Declaration of Trust" shall mean this Declaration of Trust as amended, restated or modified from time to time. References in this Declaration of Trust to "Declaration ", "hereof", 'herein ", "hereby" and "hereunder" shall be deemed to refer to the Declaration of Trust and shall not be limited to the particular text, article or section in which such words gppear. 'Employee of a Municipality" or "Municipal Employee" shall mean a director of finance, a finance official or other managerial employee of a Municipality charged with responsibility for municipal finance. 74M Fund" shall mean the common law trust created by this Declaration of Trust. 04M Fund Property" shall mean, is-of any particular time, any and all property, real, personal or otherwise, tangible or intangible, which is transferred, conveyed or paid to the 41\4 Fund or the Trustees and all income, profits and gains therefrom and which, at such time, is owned or held by, or for the account of, the 4M Fund or the Trustees. 8 "Information Statement" shall mean the information . statement or other descriptive document or documents adopted as such by the Trustees and distributed by the 4M Fund to participants and potential Participants of the 4M Fund as the same may be amended by the Trustees from time to time. "Initial Participants" shall mean the League of Minnesota Cities and the City of Minnetonka which Municipalities initially formed the 41\4 Fund by the execution and adoption of this Declaration of Trust. "Investment Advisory Agreement" shall mean the agreement with the Adviser referred to in Section 3.2 hereof as the same may be amended from time to time. "Joint Powers Act" shall mean Minnesota Statutes, Section 471.59. "Laves" shall mean common law and all ordinances, statutes, rules, regulations, orders, injunctions, decisions, opinions or decrees of any government or political subdivision or agency thereof, or any court or similar entity established by any thereof. "Municipality" shall mean county, city, town, public authority, public corporation, public x ere commission, and special an "instrumentality" (a political ltermdisldefin d in the eJoint oPowers stAcr)-oflta subdivisions Y municipality. 'Participants" shall mean the Initial Participants and the Municipalities which adopt this Declaration of Trust pursuant to Section 14.6 hereof. "Permitted Investments" shall mean the investments referred to in Paragraph (b) or Section 2.2 hereof. "Person" shall mean and include individuals, corporations, limited partnerships, general partnerships, joint. stock companies or associations, joint ventures, associations, companies, trusts, banks, trust companies, land trusts, business trusts or other entities (which or not legal en+icies) and governments and agencies and political subdivisions thereof. "Share" shall mean the unit used to denominate and measure the respective beneficial interests of the Participants in the Fund Property as described in Article VI. "Share Register" shall mean the register of Shares maintained pursuant to Article VII hereof. "Technical Advisory Board" shall mean the persons appointed bj, the Trustees to act as technical advisors to the Trust. ARTICLE II Powers of the Trustees . 2.1 General. Subject to the rights 'of the Participants as provided herein, the Trustees shall have, without other or further authorization, full, exclusive and absolute power, control and authority over the 4M Fund Property and other the affairs of the 4M Fund to the same extent as if the Trustees were the sole and absolute owners of the 4M Fund Property in their own right, and 9 1� with such powers of delegation as may be permitted by this Declaration of Trust. The trustees may do and perform such acts and things as in their sole judgment and discretion are necessary and proper for conducting the affairs of the 4NI Fund or promoting the interests of the 4M Fund. and the Participants. The enumeration of any specific power or authority herein shall not be construed as limiting the aforesaid general power or authority or any specific power or authority. The trustees may exercise any power authorized and granted to them by this Declaration of Trust. Such powers of the Trustees may be exercised without the necessity of any order or, or resort to, any court. 2.2 Permitted Tnvestments. The Trustees shall have full and complete power, subject in all respects to Article IV hereof, (a) to conduct, operate and provide an investment program for the Participants; and (b) for such consideration as they may deem proper and as may be required by Law; to subscribe for, invest in, reinvest in, purchase or otherwise acquire, hold, sell, assign, transfer, exchange, distribute or otherwise deal in or dispose of investment instruments as permit- Permitted Investments include, without limitation, as of ted by Law (the "Permitted Investments "). the date hereof, the following: 1 (i) any security which is a direct obligation of or is guaranteed as to payment of principal and interest by the United States of America or any agency or instrumentality thereof; (ii) shares of an investment company (1) registered under the federal invest- ment company act of 1940, whose shares are registered under the federal securities act of 1933, and (2) whose only investments are in securities described in the preceding clause and repurchase agreements fully collateralized by those securities, if the repurchase agreements are entered into only with those primary reporting dealers that report to the Federal Reserve Bank of New York and with the 100 largest United States commercial banks; (iii) any security which is a general obligation of the State of Minnesota or any of its municipalities; (iv) bankers acceptances of United States banks eligible for purchase by the Federal Reserve System; (v) commercial paper issued by United States corporations or their Canadian subsidiaries that is of the highest quality and matures in 270 days or less; (vi) deposits in a national bank or ' in a state bank or thrift institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, Law provided and that anyssu hdbank for thrift inst tutiono shat meet llcriterliaedesi � g ated from required by time to- time by the Trustees; (vii) repurchase agreements (a) with any bank qualified as a depository of money held in the debt service fund of a municipality of the State of Minnesota or (b) with any Reserve national or state bank in the United States of America which is a member of the Federal a Primary System and'whose combined capital and surplus equals or exceeds 510,000,000 or (c) Reporting Dealer in United States Government Securities to the Federal Reserve Bank of New York as such term is defined in Minnesota. Statutes, Section 475.5 1, Subdivision 11 or (d) a securities 10 14 broker- dealer having its principal executive office in Minnesota, licensed pursuant to Chapter 80A or an affiliate of it, regulated by the Securities and Exchange Commission and maintaining a combined capital and surplus of $40,000,000 or more, exclusive of subordinated debt; and (viii) such other investment instruments now or hereafter permitted by applicable Law for the investment of moneys of Municipalities organized under the laws of the State of Minnesota. In the exercise of their powers, the Trustees shall not be limited, except as otherwise provided hereunder, to investing in Permitted Investments maturing before the possible termination of the 4M. Fund. Except as otherwise provided in this Declaration of Trust, the Trustees shall not be limited by any Law now or hereafter in effect limiting the investments which may be held or retained by trustees or other fiduciaries, and they shall have full authority and power to make any and all Permitted Investments within the limitations of this Declaration of Trust, that they, in their absolute discretion, shall determine to be advisable and appropriate. The Trustees shall have no liability for loss with respect to Permitted Investments made within the terms of this Declaration of Trust, even though such investments shall be of a character or in an amount not considered proper for the investment of trust funds by trustees or other fiduciaries. The Trustees shall be permitted only to make Permitted Investments in accordance with Article IV of this Declaration of Trust. 2.3 1 Pent Title. (a) Legal title to all of the 4M Fund Property shall be vested in the Trustees on behalf of the Participants and be held by and transferred to the Trustees, except that the Trustees shall have full and complete power to cause legal title to any 4M Fund Property to be held, on behalf of the Participants, by or in the name of the 41\4 Fund, or in the name of any other Person manner, and with such powers as the Trustees may determine, as nominee, on such terms, in such so long as in their judgment the interest of the 4M Fund is adequately protected. (b} The right, title and interest of the Trustees in and to the 4M Fund Property shall vest automatically in all persons who may hereafter become Trustees upon their election to the Board of Directors of the League of Minnesota Cities and qualification without any further act. Upon the expiration of term of office, resignation, disability, removal, adjudication as an incompetent, or death of a Trustee, he (and in the event of his death, his estate) shall automa- tically cease to have any right, title or interest in or to any of the 4N4 Fund Property, and the right, title and interest of such Trustee in and to the 4M Fund Property shall vest automatically in the remaining Trustees without any further act. 2.4 Disposition of Assets. Subject in all respects to Article IV, hereof and to the Laws from time to time applicable to Municipalities of the State of Minnesota, the Trustees shall have full and complete power to sell, exchange or otherwise dispose of any and all 4M Fund Property free and clear of any and all trusts and restrictions, at public or private sale, for cash or on terms, with or without advertisement, and subject to such restrictions, stipulations, agreements and reservations as they shall deem proper, and to execute and deliver any deed, power, assignment, bill of sale, or 4her instrument in connection with the _ - foregoing.- The Trustees shall also have full and complete power, subject in all respects to Article IV hereof, and in furtherance of the affairs and purposes of the 4M Fund, to give consents and make contracts relating to 4M Fund Property or its use. 2.5 =. The Trustees shall have full and complete power. (i) to pay all taxes or assessments, of whatever kind oXiiature, validly and lawfully imposed upon or against the 01 Fund - 11 or the Trustees in connection with the 4M Fund Property or upon or against the 01 Fund Property or income or any part thereof; (ii) to settle and compromise disputed tax liabilities; and (iii) for the foregoing purposes to make such returns and do all such other acts and things as may be deemed by the Trustees to be necessary or desirable. 2.6 Rights ns Holders of 4N4 Fund Prooerty. The Trustees shall have full and complete power to exercise on behalf of the Participants all of the rights, powers and privileges appertaining to the ownership of all or any Permitted Investments or other property forming part of the 4M Fund Property to the same extent that any individual might, and, without limiting the generality of the foregoing, to vote or give any consent, request or notice or waive any notice either in person or by proxy or power of attorney, with or without the-power of substitution, to one or more Persons, which proxies and powers of attorney may be for meetings or actions generally, or for any particular meeting or action, and may include the exercise of discretionary powers. 2.7 Delegation: Committees. The Trustees shall have full and complete power (consistent with their continuing exclusive authority over the management of the 4M Fund, the conduct of its affairs, their duties and obligations as Trustees, and the management and disposition of 4M Fund Property), to delegate from time to time to such one or more of their number (who may be designated as constituting a committee of the Trustees as provided in Section 9.9 hereof) or to officers, employees or agents of the 4M Fund (including, without limitation, the Administrator, the Adviser and the Custodian) the doing of such acts and things and the execution of such instruments either in the name of the 4M Fund, or the names of the Trustees or as their attorney or attorneys, or otherwise as the Trustees may from time to time deem expedient and appropriate in the further- ance of the business affairs and purposes of the 4M Fund. 2.8 Collection. The Trustees shall have full and complete power. (i) to collect, sue for, receive and receipt for all sums of money or other property due to the 4M Fund; (ii) to consent to extensions of the time for payment, or to the renewal of an}, securities, investments or obligations; (iii) to engage or intervene in, prosecute, defend, compromise, abandon or adjust by arbitration or otherwise any actions, suits, proceedings, disputes, claims, demands or things relating to the 4M Fund Property; (iv) to foreclose any collateral, security or instrument securing any investments, notes, bills, bonds, obligations or contracts by virtue of which any sums of money are owed -m the 4M Fund; (v) to exercise any power of sale held by them, and to convey good title hereunder free of any and all trusts, and in connection with any such foreclosure or sale, to purchase or otherwise acquire title to any property; (vi) to be parties to reorganization and to transfer to and deposit with any corporation, committee, voting trustee or other Person any securities, investments or obligations of any person which form a part of the 4M Fund Property, for the purpose of such reorganization or otherwise; (vii) to participate in any arrangement for enforcing or protecting the interests of the Trustees as the owners or holden of such securities, investments or obligations and to pay any assessment levied in connection with such reorganization of arrangement; (viii) to extend the time (with or without security) for the payment or delivery of any debts or property and to execute and enter into releases, agreements and other instruments, and (ix) to pay or satisfy any debts or claims upon any evidence that the Trustees shall deem sufficient. 2.9 Pavment of Exoenses. - The Trustees shall have full and complete power. (i) to ....-incur- and pay any charges or expenses which in. the. opinio_u...4f ...,the. Trustees , are necessary or incidental to or proper for carrying out any of the purposes of this Declaration of Trust; (ii) to reimburse others for the payment therefor, and (iii) to pay appropriate compensation or fees from the funds of the 4M Fund to Persons with whom the 4,M Fund has contracted or transacted business. 'rhe Trustees shall fix the compensation, if any, of all officers and employees of the 4M Fund. The Trustees shall not be paid compensation for their general services as Trustees here- under. The Trustees may pay themselves or any one or more of themselves reimbursement for 12 1' Ib expenses reasonably incurred by themselves or any one or more of themselves on behalf of the 4M Fund. 2.10 Borrowing and Indebtedness. The Trustees shall not have the power to borrow money or incur indebtedness on behalf of the 41A Fund, or authorize the Fund to borrow money or incur indebtedness, except as provided in clause fiv) of Section 4.2 of this Declaration of Trust, but X only if and to the extent permitted by Law. - 2.11 Devosits. The Trustees shall have full and complete power to deposit, in such manner as may now or hereafter be permitted by Law, any moneys or funds, included in the 4M Fund Property, and intended to be used for the payment of expenses of the 4M Fund or the Trustees, with one or more banks, or thrift institutions meeting the requirements of Section 2.2(b)(vi) hereof. Such deposits are to be subject to withdrawal in such manner as the Trustees may determine, and the Trustees shall have no responsibility for any loss which may occur by reason of the failure of the bank or thrift institution with which the moneys, investments, or securities have been deposited. Each such bank or thrift institution shall comply, with respect to such deposits, with all applicable requirements of all applicable Laws, including, but not limited to, Laws of the State of Minnesota relating to Municipalities. 2.12 Valuation. The Trustees shall have full and complete power to determine in good _ faith conclusively the value of any of the 4M Fund Property and to revalue the 4M Fund Property. 2.13 Fiscal Year: Accounts. The Trustees shall have full and complete power to determine the fiscal year of the 4M Fund and the method or form in which its accounts shall be kept and from time to time to change the fiscal year or method or form of accounts. Unless otherwise determined by the Trustees pursuant to this Section 2.13, the fiscal year of the 4M Fund shall terminate on June 30 and commence on July I of each calendar year. 2.14 Concerning the 41\4 Fund znd Certnin Affiliates. (a) . The 4M Fund may enter into transactions with any Affiliate of the 4M Fund or _ of the Adviser, the Administrator, or the Custodian or of any Trustee, officer, director of employee of the 4M Fund or with any Affiliate of an agent of the 4M Fund or of the Adviser, the Adminis- trator, or the Custodian if (i) each such transaction (or type of transaction) had, after disclosure of such affiliation, been approved or ratified by the affirmative vote of a majority of the Trustees, including a majority of the Trustees who are not Affiliates of any Person (other than the 4M Fund) who is a party to the transaction or transactions with the 4M Fund and (ii) such transaction (or type of transaction) is, in the opinion of the Trustees, on terms fair and reasonable to the 4M Fund and the Participants and at least as favorable to them as similar arrangements for comparable transactions (of which the Trustees have knowledge) with organizations unaffiliated with the 4M Fund or with the Person who is a party to the transaction or transactions with the 4M Fund. (b) Except as otherwise provided in this Declaration of Trust or in the Laws of the State of Minnesota, in the absence of fraud, a contract, act or other transaction between the 4M Find and.�any_: ether Person, or in which the 4M Fund is interested, is valid and no Trustee, officer, employee or agent of the 4M Fund shall have any liability as -a resuk<aF entering • bntn -enter. . . such contract, act or transaction even though (i) one or more of the Trustees, officers, employees or agents of such other Person, or (ii) one or More of the Trustees, officers, employees, or agents of the 4M Fund, individually or jointly with or affiliated with, such contract, act or transaction, r vid that (i) such interest or affiliation is disclosed to the Trustees and the Trustees authorize such contract, act or other transaction by a vote of a majority of the unaffiliated Trustees, or (ii) such interest or affiliation is disclosed to the Participants, and such contract, act or transaction is 13 approved by a majority of the Participants. (c) Any Trustee or officer, employee, or agent of the 4M Fund may, in his personal capacity, or in a capacity as trustee, officer, director, stockholder, partner, member, agent, adviser or employee of any Person, have business interests and engage in business activities in addition to those relating to the 4M Fund, which interests and activities may be similar to those of the 4M Fund and include the acquisition, syndication, holding, management, operation or disposition of securities, investments and funds, for his own account or for the account of such Person. Each Trustee, officer, employee and agent of the 4M Fund shall be free of any obligation to present to the 4M Fund any investment opportunity which comes to him in any capacity other than solely as Trustee, officer, employee or agent of the 4M Fund, even if such opportunity is of a character which, if presented to the 4M Fund, could be taken by the 4M Fund. (d) Subject to the provisions of Article III hereof, any Trustee or officer, employee or agent of the 4M Fund may be interested as trustee, officer, director, stockholder, partner, member, agent, adviser or employee of, or otherwise have a direct or indirect interest in, an -, Person who may be engaged to render advice or services to the 4M Fund, and may receive compen- sation from such Person as well as compensation as Trustee, officer, employee or agent of the Fund or otherwise hereunder. None of the activities and interests referred to in this paragraph (d) shall be deemed to conflict with his duties and powers as Trustee, officer, employee or agent of the 4M _ . Fund. f (e) To the extent that any other provision of this Declaration of Trust conflicts with, or is otherwise contrary to the provisions of, this Section 2.14, the provisions of this Section 2.14 shall be deemed controlling. (f) Notwithstanding the foregoing provisions of this Section 2.14, the Trustees shall not have the power to engage in any transaction with any Affiliate that -would be inconsistent with the Laws of the State of Minnesota concerning conflicts of interest, including, but not limited to, Minnesota Statutes, Sections 471.87 and 471.88, or any other Law limiting the Participants' power to enter into such transaction, and the By -Laws of the 4M Fund may contain provisions more restric- tive than those set forth in this Section 2.14. — 2.15 Investment Program. The Trustees shall use their best efforts to obtain through the Adviser or other qualified Persons a continuing and suitable investment program, consistent with the investment policies and objectives of the 4M Fund set forth in Article IV of this Declara- tion of Trust, and the Trustees shall be responsible for reviewing and approving or rejecting the investment program presented by the Adviser or such other Persons. Subject to the provisions of Section 2.7 and Section 3.1 hereof, the Trustees may delegate functions arising under this Section 2.15 to one or more of their number or to the Adviser. 2.16 Power to Contract ADDoint. Retain and Emolov (a) Subject to the provisions of Section 2.7 and Section 3.1 hereof with respect to delegation of authority by the Trustees, the Trustees shall have full and complete power to appoint, employ,. retain, .or..contr�ct -with. any, Person og6uitable qualifications and high repute (including. one x or more of themselves and any corporation, partnership, trust or other entity of which one or more of them may be an Affiliate, subject to the applicable requirements of Section 2.14 hereof) as the Trustees may deem necessary, or desirable for the transaction of the affairs of the 4M Fund, including ariy Person or Persons who, under the supervision of the Trustees, may, among other things: (i) serve as the 41x1 Fund's investment adviser and consultant in connection with policy decisions made by the Trustees; (ii) serve as the 4M Fund's administrator or co- administrators; (iii) 14 1 � furnish reports to the Trustees and provide research, economic and statistical data in connection with the 4M Fund's investments; (iv) act as consultants, accountants, technical advisers, attorneys, brokers, underwriters, corporate fiduciaries, escrow agents, depositaries, custodians or agents for collection, insurers or insurance agents, registrars for Shares or in any other capacity deemed by the Trustees to be necessary or desirable; (v) investigate, select, and, on behalf of the 4M Fund, conduct relations with Persons acting in such capacities and pay appropriate fees to, and enter into appropriate contracts with, or employ, or retain services performed or to be performed by, any of them in connection with the investments acquired, sold, or otherwise disposed of, or committed, negotiated, or contemplated to be acquired, sold or otherwise disposed of; (vi) substitute any other Person for any such Person, (vii) act as attorney -in -fact of agent in the purchase or sale or other disposition of investments, and in the handling, prosecuting or other enforcement of any lien or security securing investments; and (viii) assist in the performance of such ministerial functions necessary in the management of the 4M Fund as may be agreed upon with the Trustees. (b) The manner of employing, engaging, compensating, transferring, or discharging any Person as an employee of the 4M Fund shall be subject to Minnesota Law. For purposes of the preceding sentence, 'employee of the 4M Fund" shall not include independent contractors such as the Adviser, the Administrator, the Custodian, counsel or independent accountants and their respective employees. 2.17 Insurance. The Trustees shall have full and complete power to purchase ana pay for, entirely out of 4M Fund Property, insurance policies insuring the 4M Fund and the Trustees, officers, employees and agents of the 4M Fund individually against all claims and liabilities of every . nature arising by reason of holding or having held any such office or position, or by reason of any action alleged to have been taken or omitted by the 4M Fund or any such Person as Trustee, officer, employee and agent, including any action taken or omitted that may be determined to constitute negligence, whether or not the 4M Fund would have the power to indemnify such Person against such liability. 2.18 Seil. The Trustees shall have full and complete power to adopt and use a seal for the 4M Fund, but, unless otherwise required by the Trustees, it shall not be necessary for the seal to be placed on, and its absence shall not impair the validity of, any document, instrument or other paper executed and delivered by or on behalf of the 4M Fund. 2.19 Indemnification. 'In addition to the mandatory indemnification provided for in Section 5.3 hereof, the Trustees shall have full and complete power, to the extent permitted by applicable Laws, to indemnify or enter into agreements with respect to indemnification with any Person with whom the 4M Fund has dealings, including, without limitation, the Adviser, the Administrator, and the Custodian, to such extent as the Trustees shall determine. 2.20 Remedies. Notwithstanding any provision in this Declaration of Trust, when the Trustees deem that there is a significant risk that an obligor to the 4M Fund may default or is in default under the terms of any obligation to- the 4M Fund, the Trustees shall have full and complete power to pursue any remedies permitted by Law which, in their sole judgment, are in the interests of the 4M Fund, and the Trustees shall have full and complete power to enter into any investment, commitment or obligation of the 01 Fund resulting from the pursuit of such remedies. as are necessary or desirable to disposer -of property acquired in the pursuit of such remedies. . 2.21 - Information Statement. The, Trustees shall have full and complete power to prepare, publish and distribute an Information Statement regarding the 4M Fund and to amend or supplement the same from time to time. 15 19 2,22 Further Powers. The Trustees shall have full and complete power to take all such actions, do all such matters and things and execute all such instruments as they deem necessary, proper or desirable in order to carry out, promote or advance the if tally mentioned. purposes Any de he 01 Fund although such actions, matters or things are not n ation as to what is in the best interests of the 4M Fund made by the Trustees gopdofaithashall be conclusive. In construing the provisions of this Declaration of Trust, in favor of a grant of power to the Property. ey. The Trustees shall not be required to obtain any court order to deal with th 2,23 Compliance with Lnws. The Trustees shall at all times exercise all powers granted hereunder in compliance with s a the States of Minnesota. Fund shall at all times be conducted in accordance with, the applicable Law 2.24 Tax or Aid or Revenue Anticipation Borro�Kin . Notwithstanding the provisions of Section 2.10 or 4.2 or any other provision of this Declaration, the Trustees shall have full and or complete power to borrow or pant Municipalities. They They shall have the poweroto issue revenue anticipation borrowing Y such obligations on behalf of the Participants, coordinate the issuance of such obligations by the Participants, to become members of joint powers cu or a t uthorized to issue or coordinate the of any nature authorized by issuance of such obligations, or to enter into contra g all KoEt be law related to the issuance of such obligations. The assets of such borrowingdandean� hobligations pledged by the Trustees to the repayment of any portion issued shall not constitute a debt of the 4A1 Fund, shall not be payable from or be a charge upon any assets of the 4M Fund, shall not rise f the M pecuniary amounts received from f shall om not be enforceable against any property participating Municipalities inn connection with that anticipation borrowing program which are pledged to the repayment of the borrowing or obligations. The Trustees shall have such powers as necessary to conduct or participate in such anticipation borrowing programs as appro-, ed by the Trustees, including a program of investment of obligation proceeds. ARTICLE III Technical Advisory onrd Tnve tment Adviser Administrator and Custodian 3.1 Anoointment. The Trustees are responsible for the general investment policy and program of the 4M Fund and for the general supervision emplo a administration advisers, adminits- affairs of the 4M Fund conducted by the officers, agents, trators, or independent contractors of the 4M Fund. The Trustees are not required personally to conduct all of the routine business st of may ppoint,l employ �orc contract t their with an Adviser as ultimate responsibility as stated herein, t and a investment adviser to the Trustees, orndelegatelsuchoauthor tv ao the tAd�iseroand the Administrator Custodian. Custodian. The trustees may g (pursuant to the terms of Section 2.16 hereof) or to any other Person the sere ices of w om are obtained by the Adviser or the he efficient tmanagemeentr of the 01 Fund, withou discretion, egsrd to a hether be necessary or desirable, for may such authority is normally granted serve delegated 'b Co Advises and one orr1moreTpersons tosserve . as appoint one or more persons jointly as Co- Administrato Administrators. person simultaneously as the as the Adviser maj�•1 server as c he as the Adviser, but no person serving a Custodian. Piper Capital Management, Inc., of the subsidiary of Delaware, Jisf appointed as corporation al organized and existing under the Laws 16 M as the Administrator and Adviser for the 4M Fund. Marquette Bank Mi nncalp lisi o y Boarddto assist initial Custodian for the 4M Fund. The Trustees shall appoint the Trustees . the development Ad� soy Board shall be overseeing up of such individuals the s the Trustees the 4M Fund. The Technical Advisory deem advantageous to the Fund. The composition of the Technical Advisory Board may be changed from time to time in the discretion of the Trustees. 3.2 Duties of the Adviser. The duties of the Adviser shall be those set forth in the iser. Such Investment Advisory Agreement to be entered into between the 4h the of Ahev Investment duties may be modified by the Trustees, from time to time, by Advisory Agreement. Subject to f 4McFund Property on behalf of he Trustees oremay may any purchases, sales, or exchanges officer, employee, agent or Trustee to effect such purchases, sales, or exchanges pursuant to recommendations of the Advisrshall without authorized by Trustees. Any Trustees. dThe Invest- ment purchases, sales, and exchanges Advisory Agreement may authorize the Adviser to employ Agreement shale provide tassisit it ma the performance of its duties. The Investment Advisory t'm penalty b the 4M Fund on terminated at any time without cause and without the payment of any p Y sixty (60) days written notice to the Adviser. 3.3 Duties of the Administrator. The duties of the Administrator shall be those set forth in the Administration Agreement tolbeTr into time loftime, y the amendment Adminis- trator. of the Such duties may be modified } Administration Agreement. sistr to in thel perforlman eg of ilu dumesy Theauthorize Adminstrauon1nAgre meat employ other persons to as shall provide that it may be terminated at any ritten notice ootthe Admnnisuatoout the pa }meet o any penalty by the 4A1 Fund on sixty (60) days 3.4 Duties of Custodian. The duties and qualifications of the Custodian shall be those set forth in Article. 11 herein. 3.5 aggg ssors. In the event that, at any time, the position of Adviser, Administrator, the Trustees contract or Custodian shall become vacant nisf r an or reason, tan. Astpredecesso appoint shall- lo r ass employ and cooperate with a successor Adviser, with the 4M Fund in the smooth and orderly transition in the event a successor Adviser, Administrator, or Custodian is appointed for any reason. ARTICLE IV Investments 4.1 �tntement of Investment Policy• and Obiertive• Subject to the prohibitions and restrictions contained in Section 4.2 hereof, e o general i Fund tment the p highest npossUle objective invest eat :T.ustees:�sh�ll . be . to provide to the Participants yield, while maintaining liquidity preserving Capital by accordance with applicable provisions of Law, as may be setnforth morePfullyt in the 4A4� Fund's Information Statement, as the same may be amet5ded from time to time. 4.2 Restrictions Fundamenta to authorize he contraryt the 4tM Fund:an }thing in this Declaration of Trust which may be deemed 17 1 (i) May not make any investment other than investments authorized by the provi- sions of Law applicable to the investment of funds by the Participants, as the same may be amended from time to time; (ii) May not purchase any Permitted Investment which has a maturity date more than one year from the date of the 4M Fund's purchase thereof, unless subject, at the time of such purchase by the 4M Fund, to an irrevocable agreement on the part of a Responsible Person to purchase such Permitted Investment from the 4M Fund within one (l) year; (iii) May not purchase any Permitted Investment if the effect of such purchase by the 4M Fund would be to make the average dollar weighted maturity of the 4M Fund's investment portfolio greater than ninety (90) days, provided, however, that in making such determination any Permitted Investment which is subject to an irrevocable agreement of the nature referred to in the preceding clause (ii) shall be deemed to mature on the day on which the 4M Fund is obligated to sell such Permitted Investment back to a Responsible Person or the day on which the 4M Fund may exercise its rights under such agreement to require the purchase of such Permitted Investment by a Responsible Person; (iv) May not borrow money or incur indebtedness except to facilitate as a tempor- ary measure: ` (a) withdrawal requests which might otherwise require unscheduled dispositions of portfolio investments; (b) for a period not to exceed one business day, withdrawal requests pending receipt of collected funds from investments sold on the date of the withdra«al requests or with- drawal requests from Participants who have notified the 4M Fund of their intention to deposit funds in their accounts on the date of the withdrawal requests; or (c) for a period not to exceed one business day, the purchase of Permitted Investments pending receipt of collected funds from Participants who have notified the 4M Fund of their intention to deposit funds in their accounts on the date of the purchase of the Permitted Investments; (v) May not make loans, provided that the 4M Fund may make Permitted Invest- ments; (vi) May not hold or provide for the custody of any 4M Fund Property in a manner not authorized by Law or by any institution or Person not authorized by Law; (vii) Except as permitted by Section 2.2(b)(ii) hereof, may not 'purchase securities or shares of investment companies or any entities similar to the 4M Fund; and '(viii) May not pledge assets except to secure indebtedness permitted by (iv) of this Section 4.2; however in the case of indebtedness secured under Section 4.2(iv)(b) or (c) hereof, it :may pledgg..as.sets, ogll,.to.- -the extent of the actual funds in the account of a participant on whose behalf the permitted indebtedness was incurred plus an amount equal` to that`larnot'r tt Y*t6i fih 'that - Participant has notified the 4M Fund that it intends to deposit in its account on that date. For the purposes of this Section 4.2, the phrase "Responsible Person" shall mean person with which the 4M Fund is authorized to enter into agreements pursuant to Section 2.2(b)(vii) hereof. 18 1� 4.3 Amendment of Restrictions. The restrictions set forth in Section 4.2 hereof are fundamental to the operation and activities of the 4M Fund and may not be changed without the affirmative vote of a majority of the Participants entitled to vote, except that such restrictions may be changed by the Trustees so as to make them more restrictive when necessary to conform the investment program and activities of the 4A4 Fund to the Laws of the State of Minnesota and the United States of America as they may from time to time be amended. ARTICLE V Limitations of Liability 5.1 )viability to Third Persons. No Participant shall be subject to any personal liability whatsoever, in tort, contract or otherwise to any other Person or Persons in connection with 4M Fund Property or the affairs of the 4M Fund; and no Trustee, officer, employee or agent (including, without limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund shall be subject to any personal liability whatsoever in tort, contract or otherwise, to any other Person or Persons in connection with 4M Fund Property or the affairs of the 4M Fund, except that each shall be personally liable for his bad faith, willful misconduct, gross negligence or reckless disregard of his duties or for his failure to act in good faith in the reasonable belief that his action was n the best interests of the 4M Fund and except that the Investment Advisory Agreement and the Admin- istration Agreement shall provide for the personal liability of the Adviser or the Administrator, as the case may 4M,Fund Property t � ehosepe3rmitted failure to andkthiseDeclaration of Trust. restrict investments o 5,2 Liability to the 4M Fund or to the Participants. No Trustee, officer, employee or agent (including, without limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund shall be liable to the 4M Fund or to any Participant, Trustee, officer, employee or agent (including, without limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund for any action or failure to act (including, without limitation, the failure to compel in any way any former or acting Trustee to redress any breach of trust) except for his own bad faith, willful misfeasance, gross negligence or reckless disregard of his duties and except that the Investment Advisory Agreement and the Administration Agreement shall provide for the personal liability of. the Adviser or the Administrator, as the case may be, for its willful or negligent failure to take reasonable measures to restrict investments of 4M Fund Property to those permitted by Law and this Declaration of Trust; provided, however that the provisions of this Section 5..2 shall not limit the liability of any agent (including, without limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund with respect to breaches by it of a contract between it and the 4M Fund. 5.3 Indemnification. (a) The 4M Fund shall indemnify and hold each Participant harmless from and against all claims and liabilities, whether they proceed to judgment or are settled or otherwise brought to a conclusion,: lo..whicjr_:such..Participant may become subject by reason of its being or having been a Participant, and shall reimburse such Participant for all legal and' other -ex enses reasonably incurred by it in connection with aDy such claim or liability. The rights accruing to a Participant under this Section 5.3 shall not exclude any other right to which such Participant m =y be lawfully 'entitled, nor shall anything herein contained restrict the right of the 01 Fund to indemnify or reimburse a Participant in any appropriate situation even though not specifically provided herein. 19 (b) The 4M Fund shall indemnify each of its Trustees and officers, and employees and agents (including, without limitation, the Adviser, the Administrator and the Custodian) designated by the Board of Trustees to receive such indemnification, against all liabilities and expenses (including, without limitation, amounts paid in satisfaction of judgments, in compromise or as fines and penalties, and counsel fees) reasonably incurred by him in connection with the defense or disposition of any action, suit .or other proceeding by the 4M Fund or any other Person, whether civil or criminal, in which he may be involved or with he Trustee, may be threatened, while in or office or thereafter, by reason of his being or having been such (including, without limitation, the Adviser, the Administrator and the Custodian), except as to any matter as to which he acted in bad faith or with willful misfeasance or reckless disregard of his duties or gross negligence; in addition, in the case of the Adviser, Administrator, or the Custodian in willful or negligent violation of the restrictions on investments of the 4M Fund Property; vrovided, however, that the provisions of this Section 5.3 shall not be construed to permit the indemnification of any agent (including, without limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund with respect to breaches by it of a contract between it and the 4M Fund; and further vrovided, however, that as to any matter disposed of by a compromise payment by such Trustee, officer, employee or agent (including the Adviser Administrator or the Custodian y pursuant to a consent decree or otherwise, no indemnification either for said payment or for any other expenses shall be provided unless: 1) The 4M Fund receives a written opinion from independent counsel approved by the Trustees to the effect that if the matter had—been adjudicated, the defenses that could have been presented on behalf of such Trustee, off i er, employee or agent (including the Adviser, the Administrator or the Custodian), and 2) If in the Minion of the Board of Trustees, the weret not actin rein bad faith oraw h # includin t e Adviser, the Administrator o the Custodian) willful misfeasance or reckless disregard of their duties or gross negligence. The rights accruing to Without imitation, the Adviser, the any rustee, o icer, emp oyee or agent inc u ,n g , Administrator and the Custodian) under the provisions of this paragraph (b) of this Section 5.3 shall not exclude any other right to which he may be lawfully entitled; provided, however, that no Trustee, officer, employee or agent may satisfy any right of indemnity or reimbursement granted herein or to which he may be otherwise entitled except out of the 4M Fund Property, and no Participant shall be personally liable to any Person with respect to any claim for indemnify or reimbursement or otherwise. The Trustees may make advance payments in connection with indemnification under this paragraph (b) of this Section 5.3, provided that the indemnified Trustee, officer, employee or agent (including, without limitation, the Adviser, the Administrator and the Custodian) shall have given risten en uertakin tog such reimburse fich. 4M Fund in the event that it is subsequently determined tha t he (c) Any action taken by, or conduct on the part of, the Adviser, the Administra- tor, a Trustee, an officer, an employee or an agent (including, without limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund in conformity with, or in good faith rel purpose oft this upon, the provisions of Section 2.14 or Section 5.7 hereof shall not, for the Declaration of Trust (including, without limitation, Sections 5.1 and 5.2 and this Section 5.3) constitute bad faith, willful misfeasance, gross negligence or reckless disregard of his duties. 5.4 Surety Bonds .. -.NoF Trustee:.sha}k -as such, be obligated to give any bond or surety or- other security for the performance of any of his duties. 5.5 Anonrent Authority. No purchaser, seller, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the 4M Fund shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by such officer, employee or agent or make inquiry concerning or be liable for the application of 20 2` money or property paid, transferred or delivered to or on the order of the Trustees or of such officer, employee or agent. 5.6 Recitals. Any written instrument creating an obligation of the 4M Fund shall be conclusively taken to have been executed by a Trustee or an officer, employee or agent of the 4M Fund only in his capacity as a Trustee under this Declaration of Trust or in his capacity as an officer, employee or agent of the 4M Fund. Any written instrument creating an obligation of the 4N4 Fund shall refer to this Declaration of Trust and contain a recital to the effect that the obligations thereunder are not personally binding upon, nor shall resort be had to the property of, any of the Trustees, Participants, officers, employees or agents of the 41M Fund, and that only the 4M Fund Property or a specific portion thereof shall be bound, and such written instrument may contain any further similar recital which may be deemed appropriate; provided, however, that the omission of any recital pursuant to this Section 5.6 shall not operate to impose personal liability on any of the Trustees, Participants, officers, employees or agents of the 4M Fund. 5,7 Reliance on Experts. Etc. Each Trustee and each officer of the 4M Fund shall, in the performance of his duties, be fully and completely justified and protected with regard to any act or any failure to act resulting from reliance in good faith upon the books of account or other records of the 4M Fund, upon an opinion of counsel or upon reports made to the 4M Fund by any of its lorrother experts or consultants selected the h Administrator, caretby he Tdrustees o officers appraisers of the 4M Fund. 5.8 Liability Insurance. The Trustees shall maintain insurance for the protection of the 01 Fund Property and the Trustees, Participants, officers, employees and agents (not including Advisor, Administrator, or Custodian) of the 4M Fund in such amount as the Trustees shall deem adequate to cover all foreseeable tort and contract liability to the extent available at reasonable rates. 5.9 No Waiver. Nothing in this Declaration of Trust shall be construed as constituting the waiver of any immunity from liability available to the 41M Fund or the Trustees. Participants, officers, employees or agents of the 4M Fund pursuant to any applicable provision of Law. ARTICLE VI Interests of Participants 6.1 General. The beneficial interest of the Participants hereunder in the 4A4 Fund Property and the earnings thereon shall, for convenience of reference, be divided into Shares, which shall be used as units to measure the proportionate allocation to the respective Participants of the beneficial interest hereunder. The number of Shares that may be used to measure and represent the proportionate allocation of beneficial interest among the Participants is unlimited. All Shares shall be of one class representing equal distribution, liquidation and other rights. The beneficial interest hereunder measured by the Shares shall not entitle a Participant to preference, preemptive, appraisal, conversion, or exchange rights of any kind with respect to the 4M Fund or the 4M Fund Property. Title to the 4M Fund Property of every description and the- right to conduct any affairs hereinbefore described are vested in the Trustees on behalf and for the beneficial interest, of the Participants, and the Participants shall have no interest therein other than the beneficial interest conferred hereby and measured e , byro eir Sights, and th e shall of hhee no right to call for any partition or division of any p p y, D Fund nor can they be called upon to share or assume any losses of the 4M Fund or suffer an 21 assessment of any kind by virtue of the allocation of Shares to them, except as provided in Section 10.2 hereof. 6.2 - Allocation of Shares (a) The Trustees shall credit a Participant with additional Shares upon receipt of funds (including, without limitation, income from the investment of 4M Fund Property) for the account of such Participant, based on the net asset value per. Share as determined pursuant to Section 10.1 hereof. In connection with any allocation of Shares, the Trustees may allocate fractional Shares. The Trustees may from time to time adjust the total number of Shares allocated without thereby changing the proportionate beneficial interests in the 4M Fund. Reductions or increases in the number of allocated Shares may be made in order to maintain a constant net asset value per Share as set forth in Section 10.2 hereof. Shares shall be allocated and reduced in numbers as whole Shares and /or one hundredths (1 /100ths) of a Share or multiples thereof. (b) Shares may be allocated only to a Municipality which has become a Participant of the 4M Fund in accordance with Section 1.2 hereof. Each Participant may establish more than one account within the 4M Fund for such Participant's convenience. (c) The minimum amount of funds which may be placed in the 4M Fund by a Participant at any one time shall be as determined by the Trustees from time to time. -Unless otherwise determined by the Trustees pursuant to this paragraph (c) of this Section 6.2, the minimum amount of funds which may be placed in the 4M Fund by a Participant at any one time shall be One Dollar ($1.00). 6.3 Evidence of Share Allocation. Evidence of Share allocation shall be reflected in the Share Register maintained by or on behalf of the 4M Fund pursuant to Section 7.1 hereof, and the 4M Fund shall not be required to issue certificates as evidence of Share allocation. 6.4 Reduction in Number of Shares to Maintain Constant Net Asset Value. The Shares of the 4M Fund shall be subject to reduction in number pursuant to the procedure for reduction of outstanding Shares- set forth in Section 10.2 hereof in order to maintain the constant net —asset value per Share. 6.5 Withdrawals. Funds may be withdrawn from the 4M Fund at the option of a Participant, upon and subject to the terms- and conditions provided in this Declaration of Trust. The 4M Fund shall, upon application of any Participant, promptly pay to such Participant the amount requested and shall reduce the number of Shares allocated to such Participant to the number of Shares which shall reflect such Participant's proportionate interest in the net assets of the 4M Fund after such withdrawal of funds. The procedures for effecting a withdrawal shall be as adopted by the Trustees and as set forth in the Information Statement of the 4M Fund, as the same may be amended from time to time; provided, however, that such procedures shall not be structured so as to substantially and materially restrict the ability of the Participants to withdraw funds from the 4M Fund. 6.6 Suspension of Right of Withdrnwal: Postponement of Pnvment. Each Participant, by its adoption of this Declaration of Trust; agrees that the Trustees may, without the necessity of a formal meeting of the Trustees, temporarily suspend the right of withdrawal or postpone the date of payment pursuant to withdrawal requests for the whole or any part of any period (i) during which there, -shall have occurred any state of war, national emergency, banking moratorium or suspension of payments by banks in the State of Minnesota or any general suspension of trading or limitation of prices on the New York or American Stock Exchange (other than customary week -end 22 0 and holiday closing) or (ii) during which any financial emergency situation exists as a result of which disposal by the 4M Fund of 4M Fund Property is not reasonably practicable because of the substantial losses which might be incurred or it is not reasonably practicable for the 4M Fund fairly to determine the value of its net assets. Such suspension or postponement shall not alter or affect a Participant's beneficial interest hereunder as measured by its Shares or the accrued interest and earnings thereon. Such suspension or payment shall take effect at such time as the Trustees shall specify but not later than the close of business on the business day next following the declaration of suspension, and thereafter there shall be no right of withdrawal or payment until the Trustees shall declare the suspension or postponement at an end, except that the suspension or postponement shall terminate in any event on the first day on which the period specified in clause (i) or (ii) above shall have expired (as to which, the determination of the Trustees shall be conclusive). In the case of a suspension of the right of withdrawal or a postponement of payment pursuant to withdrawal requests, a Participant may either (i) withdraw its request for withdrawal or (ii) receive payment based on the net asset value existing after the termination of the suspension. 6.7 Minimum Withdrawal. There shall be no minimum amount which may be withdrawn from the 4M Fund at any one time at the option of a Participant; provided, however, that no request by a Participant for the withdrawal of less than one dollar (S 1.00) need be honored. 6.8 Defective Withdrnw•al Reouests. In the event that a Participant shall submit a request for the withdrawal of a greater amount than is then credited to the account of such Participant, such request shall not be honored, and each Participant, by its adoption of this Declaration of Trust, agrees that the Trustees shall have full and complete power to withdraw funds from. the account of a Participant, and to reduce proportionately the number of Shares allocated to such Participant in accordance with Section 6.5 hereof, in an amount sufficient to reimburse the 4M Fund for any fees, expenses, costs or penalties actually incurred by the 4'`4 Fund as a result of such defective withdrawal request. 6.9 Allocation of Certain Extienses. Each Participant will, at the discretion of the 414 Fund, indemnify the 4M Fund against all expenses and losses resulting from indebtedness incurred on that Participant's behalf under Section 4.2(iv)(b) or (c) hereof. Each Participant authorizes the Trustees to reduce its Shares to the number of Shares which reflects that Participant's proportion- ate interest in the net assets of the 4M Fund after allocation of those expenses and losses to it ARTICLE VII Record .of Shares 7.1 Share Register. The Share Register shall be kept by or on behalf of the Trustees, under the direction of the Trustees, and shall .contain (i) the names and addresses of the Partici- _ _pants, (ii) the number of Shares representing their respective beneficial interests hereunder and (iii) a record of all allocations and reductions thereof. Such Share Register shall be conclusive as to the identity of the Participants to which the Shares are allocated. Only Participants whose allocation of Shares is recorded on such Share Register shall be entitled to receive distributions with respect .to Shares or otherwise to exercise or enjoy the rights and benefits related to the beneficial interest hereunder represented by the Shares. No Participant shall be entitled to receive any distribution, nor to have notices given to it as herein provided, until it has given its appro- priate address to such officer or agent of the Fund as shall keep the Share Register for entry 23 I z� thereon. 7.2 Revistrir. The Trustees shall have full and complete power to employ a registrar. Unless otherwise determined by the Trustees, the Share Register shall be kept by the Administrator which shall serve as the registrar for the 4M Fund. The registrar shall record the original allocations of Shares in the Share Register. Such registrar shall perform the duties usually performed by registrars of certificates and shares of stock in a.corporation, except as such duties may be modified by the Trustees. 7.3 Owner of Record. No Person becoming entitled to any Shares in consequence of the merger, reorganization, consolidation, bankruptcy or insolvency of any Participant or otherwise, by operation of Law, shall be recorded as the Participant to which such Shares are allocated and shall only be entitled to receive for such Shares the amount credited to the account of the Participant whose beneficial interest in the 4M Fund is represented by such Shares. Until the Person becoming such entitled to receive such amount shall apply for the payment thereof res Pa my proof record entitlement as the Trustees may in their sole discretion deem appropriate, to which such Shares are allocated shall be deemed to be the Participant to which such Shares are allocated for all purposes hereof, and neither the Trustees nor the registrar nor any officer or agent of the 4M Fund shall be affected by any notice of such merger, reorganization, consolidation, bankruptcy, insolvency or other event. 7.4 No wholeeor of n part,eother than to interests itself for purposes r sofr shall be transferrable, n effectuat in a withdrawal of funds. 7.5 Limitation of Fiduciary Re pon i ility. The Trustees shall not, nor shall the Participants or any officer, registrar or other agent of the 4M Fund, be bound to see to the execution of any trust, express, implied or constructive, or of any charge, pledge or equity to which any of the Shares or any interest therein are subject, or to ascertain or inquire whether any withdrawal of funds by any Participant or its representatives is authorized by such trust, charge, pledge or equity, or to recognize any Person as having any interest therein except the Participant recorded as the Participant to which such Shares are allocated. The receipt of the Participant in whose name any Share is recorded or of the duly authorized agent of such Participant shall be a sufficient discharge for all moneys payable or deliverable in respect of such Shares and from all liability to see to the proper application thereof. 7.6 Notices. Any and all notices to which Participants hereunder may be entitled and any and all communications be drel duly r mailed, p d ecordat their post office add a sesasrrecorde pre-paid, addressed to Participants of Share Register provided for in Section 7.1 hereof. ARTICLE VIII Ptirticiyonts 8.1 Voting. Each Participant shall be entitled to one vote as a matter of right with respect to the following matters: (i) amendment of this Declaration of Trust or termination of the 4M Fund as, provided in Section 4.3 and Section 13.1 hereof; and (ii) reorganization of the 4M Fund as provided in Section 13.2 anteforf the Participant to be entitled number ent tled o vote. Partic pant shall not be be allocated to a Partici p entitled to cumulative voting with respect to any matter. 24 C. 8,2 Right to lnitinte 't Vote of the P�rticinanis. The Participants shall, by an instru- ment or concurrent instruments in writing delivered to the Board of Trustees signed by at least -ten percent (10%) of the Participants, have the right to initiate a vote of the Participants as to any matter described in clause W or clause (ii) of Section 8.1 hereof. Within twenty (20) days of receipt of such instrument or instruments, ebeovotedf on and shall cause nbwhicht suchsballou each Participant, setting forth the matter to should be executed and delivered. 8,3 Lnoection of Records. The records of the 01 Fund shall be open to inspection at all reasonable times pursuant to Minnesota Statutes, Chapter 13. 8,4 Meetings of particlt):1nts. (a) Meetings of the Participants may be called at any time by a majority of the Trustees and shall be called by any Trustee upon written request of not less than ten percent (10 %) of the Participants, such request specifying the purpose or purposes for which such meeting is to be called. Any such meeting shall be held within the State of Minnesota at such place, on such day and at such time as the Trustees shall designate. (b) A majority of the Participants entitled to vote at such meeting present in person (including, if permitted by applicable Law, participation by conference telephone or similar communications equipment by means of which all Persons participating in the meeting can hear each other) or by proxy shall constitute a quorum at any meeting of Participants. 8.5 Notice of Meetings and Votes. Notice of all meetings of the Participants, stating the time, place and purposes of the meeting, and notice of any vote without a meeting, stating the purpose and method thereof shall be given by the Trustees by mail to each Participant at its least ten (10) days and not more than thirty (30) days before the registered address, mailed at be cast. Only the business stated in the notice of a meeting or the day by which votes must meeting shall be considered at such meeting. Any adjourned meeting may be held as adjourned without further notice. Any notice required by any "open meeting ", "sunshine" or similar law, whether now or hereafter in effect, shall also be given. 8.6 Record Dnte for Meetings and Votes. For the purposes of determining the Partici- pants that are entitled to vote or act at any meeting or any adjournmenth thereof, r or who are from entitled to participate in any vote, or for the purpose of any other action, date of any meeting or vote of time to time fix a date not more than thirty (30) days prior to the Participants or other action as a record date for the determination of Participants entitled to vote at such meeting or any adjournment thereof or to cast a ballot in such vote or to be treated as Participants of record for purposes of such other action. Any Participant which was a Participant at the time so fixed shall be entitled to vote at such meeting or any adjournment thereof, or to cast a ballot in such vote, even though it then had no Shares allocated to it or has since that date redeemed its Shares. No Participant becoming such after that date shall be so entitled to vote at such meeting or any ad journment ' thereof or to cast a ballot in such vote or to be treated as a Participant of record for purposes of such other action. 8.7 Proxies. At any meeting of -Participants, if permitted by applicable Law, any Participant entitled to vote thereat may vote by proxy, provided that no proxy shall be voted at any meeting unless it shall have been placed on file with the Secretary of the 4M Fund, or with such other officer or agent of the 4M Fund as the Secretary of the 4M Fund may direct, for verification prior to the time at which such vote shall be taken. Pursuant to a resolution of a 25 majority of the Trustees, proxies may be solicited in the name of one or more of the officers of the 4NI Fund. All proxies shall be revocable at the option of the Participant. 8.8 dumber of Votes. Only Participants of record shall be entitled to vote and each Participant shall be entitled to one vote without regard to the number of Shares allocated to it, if any. A proxy purporting to be executed by or on behalf of a Participant shall be deemed valid unless challenged at or prior to its exercise, and the burden of proving invalidity shall rest on the challenger. 8.10 Reoorts. The Trustees shall cause to be prepared at least annually (i) a report of operations containing a statement of assets and liabilities and statements of operations and of changes in net assets of the 4M Fund prepared in conformity with generally accepted accounting principals and (ii) an opinion of an independent certified public accountant on such financial statements based on an examination of the books and records of the 4M Fund made in accordance with generally accepted auditing standards. A signed copy of such report and opinion shall be filed with the Trustees within ninety (90) days after the close of the period covered thereby. Copies of such reports shall be mailed to all Participants of record within a reasonable period preceding the annual meeting or vote of the Participants. The Trustees shall, in addition, furnish to _the Partici- pants, at least quarterly, an interim report containing an unaudited balance sheet of the Fund as at the end of such quarterly period and statements of operations and changes in net assets for the !. period from the beginning of the then current fiscal year to the end of such quarterly period. -- ARTICLE IX Trustees and Officers 9.1 Number and Qualification. (a) Subject to the power of the Participants to amend this Declaration of Trust, X the Board of Directors of the League of Minnesota Cities shall act as the initial -governing body of � the 4M Fund and shall be the Board of Trustees. The by -laws and constitution of the League of Minnesota Cities shall govern the operation and make -up of the Trustees and Officers of the 4M Fund. (b) The Trustees, in their capacity as Trustees, shall not be required to devote their entire time to the business and affairs of the 4M Fund. (c) The Executive Director of the League of Minnesota Cities may be an Lx officio non - voting member of the Board of Trustees. 9.2 Meetings. (a) Meetings of the Trustees shall be held from time to time upon the call of the Chairman,-the Vice Chairman, the Secretary or any two trustees. Regular meetings of the Trustees may be held without call or notice at a time and place fixed by the By -Laws or by resolution of. the Trustees-;., Notice • of any other meeting shall be mailed or otherwise given not less. than 48- .. hours before the meeting but may be waived in writing by any Trustee either before or after such meeting. Any notice required by any "open meeting ", "sunshine" or similar Law, whether now or hereafter in. effect, shall also be given. The attendance of a Trustee at a meeting shall constitute a waiver of notice of such meeting except where a Trustee attends a meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting has not 26 been lawfully called or convened. The Trustees may act with or, if permitted by applicable Law, without a meeting. A quorum for all meetings of the Trustees shall be a majority of the Trustees. Subject to Section 2.14 hereof and unless specifically provided otherwise in this Declaration of Trust, any action of the Trustees may be taken at a meeting by vote of a majority of the Trustees present (a quorum being present) or, if permitted by applicable Law, without a meeting, by written consents of a majority of the Trustees. Any agreement or other instrument or writing executed by one or more of the Trustees or by any authorized Person shall be valid and binding upon the Trustees and upon the 4M Fund when authorized or ratified by action of the Trustees as provided in this Declaration of Trust. (b) Any committee of the Trustees may act with or without a meeting. A quorum for all meetings of any such committee shall be a majority of the members thereof. Notice of such meeting, including such notice as may be required by an "open meeting ", "sunshine" or similar Law, shall be given as provided in Section 9.2(a). Unless otherwise specifically provided in this Declaration of Trust, any action of any such committee may be taken at a meeting by vote of a majority of the members present (a quorum being present) or, without a meeting, by written consent. of a majority of the members. (c) With respect to actions of the Trustees and any committee thereof, Trustees who are affiliated within the meaning of Section 2.14 hereof or otherwise interested in any action -- to be taken may be counted for quorum purposes under this Section 9.2 and shall be entiird to vote. (d) All or any one or more Trustees may, if permitted by applicable Law, partici- pate in a meeting of the Trustees or any committee thereof by utilizing conference telephone or similar communications equipment by means of which all persons participating in the meeting, including members of the public, can hear each other and participate in a meeting pursuant to such communications shall constitute presence in personal at such meeting. The minutes of any meeting of Trustees held by utilizing such communications equipment shall be prepared in the same manner as those of a meeting of Trustees held in person. 9.3 ffO icers. The Officers of the 4M Fund shall be the same as the officers of the Board of Directors of the League of Minnesota Cities. The executive director of the League of Minnesota Cities shall act as secretary of the 4M Fund. The Trustees may elect or appoint, such other officers or agents, who shall have such powers, duties and responsibilities as the Trustees may deem to be advisable and appropriate. 9.4 Committees. The Trustees may elect from time to time from their own number committees consisting of one or more persons, the number composing such committees and the powers conferred upon the same to be determined by vote of the Trustees. 9.5 Reports. The Trustees shall cause to be prepared at least annually (i) a report of operations containing a statement of assets and liabilities and statements of operations and of changes in net assets of the 4M Fund prepared in conformity with generally accepted accounting principles and (ii) an opinion of an independent certified public accountant on such financial statements based on an examination of the books and records of the 4b1 Fund made in accordance with generally accepted auditing standards. A signed copy of such report and opinion shall be filed with the Trustees within ninety (90) days after' the close of the period covered thereby. Copies of such reports, shall be mailed to all Participants of record within a reasonable period preceding the annual election of Trustees. The Trustees shall, in addition, furnish to the \participants, at least quarterly, an interim report containing an unaudited balance sheet of the 4M Fund as at the end of such quarterly period and statements of operations and changes in net assets for the period from 27 the beginning of the then current fiscal year to the end of such quarterly period. ARTICLE X Determination of Net Asset Value and Net Income; Distributions to Particionnts 10.1 Net Asset Value. The net asset value of each allocated Share of the 4M Fund shall be determined once on each business day at such time as the Trustees by resolution may determine. The method of determining net asset value shall be established by the Trustees and shall be set forth in the Information Statement as the same may be amended from time to time. The duty to make the daily calculations may be delegated by the Trustees to the Adviser, the Administrator, the Custodian or such other Person as the Trustees by resolution may designate. 10.2 Constant Net Asset Value• Reduction of Allocated Shares. (a) The Trustees shall have full and complete power to determine the net income (including unrealized gains and losses on the portfolio assets) of the 4M Fund once on each business day as provided in Section 10.1 hereof and, upon each such determination such net income shall be credited proportionately to the accounts of the Participants in such a manner,and with the result, that the net asset value per Share of the 4M Fund shall remain at a constant dollar` value. The accounting method used for the determination of the net income of the 4M Fund and the crediting thereof proportionately to the respective accounts of the Participants shall be determined by the Trustees and shall be set forth in-the Information Statement as the same may be amended from time to time. The duty to make the daily calculations may be delegated by the Trustees to the Adviser, the Administrator, the Custodian or such other Person as the Trustees by resolution may designate. Fluctuations in value will be reflected in the number of Shares allocated to each Participant. . If there is a net loss, the Trustees shall first offset such amount against income accrued to each Participant. To the extent that such a net loss exceeds such accrued income, the Trustees shall reduce the aggregate number of the 4M Fund's allocated Shares in an amount equal to the amount required in order to permit the net asset value per Share of the 4M Fund to be _ maintained at a constant dollar value by having each Participant contribute to the 4AT Fund its rro rata portion of such number of Shares. Each Participant will be deemed to have agreed to such reduction in such circumstances by its investment in the 4MFund and its adoption of this Declaration of Trust. The purpose of the foregoing procedure is to permit the net asset value per Share of the 4M Fund to be maintained at a constant dollar value per Share. (b) The Trustees may discontinue or amend the practice of attempting to maintain the net asset value per Share at a constant dollar amount at any time and such modification shall be evidenced by appropriate changes in the Information Statement as the same may be amended from time to time. 31 10.3 SnnniPmentary Distributions to Particionnts. In addition to withdrawals made at the request of individual Participants pursuant to Section 6.5 hereof, the Trustees may from time to time also declare and make to the Participants, in proportion to their -respective allocation of Shares, out of the earnings, profits or assets in the hands of the Trustees, such supplementary - distributions and the determination of earnings, profits, and other funds and assets available for supplemental distributions and other purposes shall lie wholly in the discretion of the Trustees and may be made at such time and in such manner as the Trustees may in their sole discretion from time to time determine. Any or-all such supplementary distributions may be made among the Participants of record at the time of declaring a distribution or among the Participants of record at such other date as the Trustees shall determine. 28 kM 10.4 gefained Reseryes. The Trustees may retain from the gross income of the 441 Fund such amount as they may deem necessary to pay the debts and expenses of the 4M Fund and to meet other obligations of the 4M Fund, and the Trustees shall also have the power to establish such reasonable reserves as they believe may be required. ARTICLE XI Custodian 11.1 Duties. The Trustees shall employ a bank or trust company organized under the Laws of the United States of America or the State of Minnesota having an office in the State of Minnesota and having a capital and surplus aggregating at least twenty -five million dollars (525,000,000) as Custodian with authority as its agent, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By -Laws of the 4M Fund to perform the duties set forth in the Custodian Agreement to be entered into between the 01 Fund and the Custodian, or as may be imposed by Law. 3t 11.2 A000intment. The Trustees shall have the power to select and appoint the Custo- dian for the 4M Fund. The Custodian Agreement shall provide that it may be terminated .al any time without cause and without the payment of any penalty by the 4M Fund on sixty (60) days' written notice to the Custodian. 11.3 Custodian Agreement. In addition to containing such other provisions as the Trustees may deem appropriate, the Custodian Agreement shall provide that all investments constituting 4M Fund Property shall be held in safekeeping in the manner required by Law, including, without limitation, Minnesota Statutes, Section 475.66, Subdivision 2. 11.4 Agents of Custodian. The Trustees may also authorize the Custodian to employ one or more agents from time to time to perform such of the acts and services of the Custodian and _ upon such terms and conditions, as may be agreed upon between the Custodian and such agem and approved by the Trustees; provided, however, that, in every case, such agent shall be a bank or- trust-company organized under the Laws of the United States of America or one of the States thereof having capital and surplus aggregating at least twenty -five million dollars (525,000,000). 11.5 Successors. In the event that, at any time, the Custodian shall resign or shall be terminated pursuant to the provisions of the Custodian Agreement, the Trustees shall appoint a successor thereto. 11.6 Custodian as Denository for Pnrticionnts. Each Participant hereby designates the Custodian as a depository for funds of the Participant. ARTICLE XII Recording of Declaration of Trust 12.1 Recording. This Declaration of Trust and any amendment hereto shall be filed, 29 recorded or lodged as a document of public record in. such place or places and with such official or officials as may be required by Law or as the Trustees may deem desirable. Each amendment so filed, recorded or lodged shall be accompanied by a certificate signed and acknowledged by a Trustee stating that such action was duly taken in the manner provided for herein; and unless such amendment or such certificate sets forth some earlier or later time for the effectiveness of such amendment, such amendment shall be effective upon its filing. An amended Declaration of Trust, containing or restating the original Declaration and all amendments theretofore made, may be executed any time or from time to time by a majority of the Trustees and shall, upon filing, recording or lodging in the manner contemplated hereby, be conclusive evidence of all amendments contained therein and may thereafter be referred to in lieu of the original Declaration of Trust and the various amendments thereto. Notwithstanding the foregoing provisions of this Section 12.1, no filing or recordation pursuant to the terms of this Section 12.1 shall be a condition precedent to the effectiveness of this Declaration of Trust or any amendment hereto. ARTICLE XIII Amendment or Termination of 4M Fund; Duration of Fund 13.1 Amendment or Termination. (a) The previsions of this Declaration of Trust may be amended or altered (except as to the limitations on personal liability of the Participants and Trustees and the prohibition of assessments upon Participants), or the 4M Fund may be terminated, at any meeting of the Participants or pursuant to any vote of the Participants called for that purpose, by the affirmative vote of a majority of the Participants entitled to vote, or if permitted applicable 'Law, by an instrument or instruments in writing, without a meeting, signed by a majority of the Trustees and a majority of the Participants; provided, however, that the Trustees may, from time to time by a two-thirds vote of the Trustees, and after fifteen (15) days' prior written notice to the Participants, amend or alter the provisions of this Declaration of Trust, without the vote or assent of the Participants, amend or alter the provisions of this Declaration of Trust, without the vote or assent of the Participants, to the extent deemed by the Trustees in good faith to be necessary to conform this Declaration to the requirements of applicable Laws or regulations or any interpretation thereof by a court or other governmental agency or competent jurisdiction, but the Trustees shall. not be liable for failing to do so. Notwithstanding the foregoing, (i) no amendment may be made pursuant to this Section 13.1 which would change any rights with respect to any allocated Shares of the 4M Fund by reducing the amount payable thereon upon liquidation of the 4M Fund or which would diminish or eliminate any voting rights of the Participants, except with the vote or written consent of two- thirds of the Participants entitled to vote thereon; and (ii) no amendment may be made which would cause any of the investment restrictions contained in Section 4.2 hereof to be less restrictive without the affirmative vote of a majority of the Participants entitled to vote thereon. (b) Upon the termination of the 4M Fund pursuant to this Section 13.1: (i) The 4M Fund shall carry on no business except for the purpose of winding up its affairs; (ii) The Trustees shall proceed to wind up the affairs of the 4A4 Fund and all of the powers of the Trustees under this Declaration of Trust shall continue until the affairs of the 4M Furfd shall have been wound up, including, without limitation, the power to fulfill or discharge the contracts of the 4M Fund, of the remaininsge4A1 sell, Fund Property to exchange, transfer more persons or otherwise dispose of all or any p a r 30 1 nn at public or private sale for consideration which may consist in whole or in part of cash, securities or the property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its affairs; provided, however, that any position of all or substantially all of the 4,1 Fund Property shall require approval of the principal terms of the transaction and the nature and amount of the consideration by affirmative vote of not less than a majority of the Participants entitled td vote thereon; and (iii) After paying or adequately providing for the payment of all liabilities, and upon receipt of such releases, indemnities and refunding agreements, as they deem necessary for their protection, the Trustees may distribute the remaining 4M Fund Property, in cash or in kind or partly in each, among the Participants according to their respective proportionate allocation of Shares. (c) Upon termination of the 4MFund and distribution to the Participants as herein provided, a majority of the Trustees shall execute and lodge among the records of the 4M Fund an instrument in writing setting forth the fact of such termination, and the Trustees shall thereupon be discharged from all further liabilities and duties hereunder, and the right, title and interest of all Participants shall cease and be cancelled and discharged. (d) A certification in recordable form signed by a majority of the Trustees setting forth an amendment and reciting that it was duly adopted by the Participants or by the Trustees as aforesaid or a copy of the Declaration, as amended, in recordable form, and executed by a majority of the Trustees, shall be conclusive evidence of such amendment. 13.2 power to Effect Reorganization. If permitted by applicable Law, the Trustees, by vote or written approval of a majority of the Trustees, may select, or direct the organization of, a corporation, association, trust or other Person with which the 4M Fund may merge, or which shall take over the 4M Fund Property and carry on the affairs of the 4M Fund, and after receiving an affirmative vote of not less than a majority of the Participants entitled to vote at any meeting of the Participants, the notice for which includes a statement of such proposed action, the Trustees may effect such merger or may sell, convey and transfer the 4M Fund Property to any such corporation, association, trust or other Person in exchange for cash or shares or securities thereof, or beneficial interest therein with the assumption by such transferee of the liabilities of the 4M Fund; and thereupon the Trustees shall terminate the 4M Fund and deliver such cash, shares, securities or beneficial' interest ratably among the participants of this 4M Fund. 13.3 Duration. The 4M Fund shall continue in existence in perpetuity, subject in all t/ respects to the provisions of the Article XIII. ARTICLE XIV Miscellineous 14.1 Governing Law. This Declaration of Trust is executed by the Initial Participants and delivered in the State of Minnesota and with reference to the Laws thereof, and the rights of all parties and the validity, construction and effect of every provision hereof shall be subject to- and construed according to the Laws of said State of Minnesota. 14.2 Counteroarts. This Declaration- of Trust may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and such counterparts, together, shall constitute but one and the same instrument, which shall be sufficiently evidenced by any such original counterpart. 31 14.3 Relinnce by Third Parties. Any certificate executed by an individual who, according to the records of the 4M Fund, or of any official or public body or office in which this Declaration of Trust may be recorded, appears to be a Trustee hereunder or the Secretary or the Treasurer of the 01 Fund, certifying to: (i) the number or identity of Trustees or Participants; (ii) the due authorization of the execution of any instrument or writing; (iii) the form of any vote passed at a meeting-of Trustees or Participants or taken pursuant to a vote of Participants; (iv) the fact that the number of Trustees or Participants present at any meeting or executing any written instrument satisfies the requirements of this Declaration of Trust; (v) the form of any By- Law adopted by or the identity of any officers elected by the Trustees; or (vi) the existence of any fact or facts which in any manner relate to the affairs of the 4M Fund, shall be conclusive evidence as to the matters so certified in favor of any Person dealing with the Trustees or any of them or the 4M Fund and the successors of such Person. 14.4 Provisions in Conflict with Law. The provisions of this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any one of more of such provisions (the "Conflicting Provisions ") are in conflict with applicable federal or Minnesota Laws, the Conflicting Provisions shall be deemed never to have constituted a part of this Declaration of Trust; provided, however, that such determination by the Trustees shall not affect or impair any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted (including, but not limited to, the election of Trustees) prior to- such determination. 14.5 Gender- Section Headings. (a) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. (b) Any headings preceding the texts of the several Articles and Sections of this Declaration of Trust and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of references and shall neither constitute a part of this Declaratien of Trust nor affect its meaning, construction or effect. 14.6 Adootion by Municipalities Electine to Become Additional Pnrticioants:_Resianation of Participants. (a) Any Municipality meeting the requirements of Section 1.2 hereof, may become an additional Participant of this 4M Fund by (i) taking any appropriate official action to adopt this Declaration of Trust, (ii) furnishing the Trustees with satisfactory evidence that such official action has been taken, and (iii) if requested by the Trustees, providing the Trustees with an opinion of counsel to the effect that such party desiring to become a Participant of the 4M . Fund is a Municipality as defined herein. A copy of this Declaration of Trust may be adopted by executing a written instrument of adoption in such form as may be prescribed by the Trustees. Delivering an acknowledged copy of such instrument shall constitute satisfactory evidence of the adoption contemplated by this Section 14.6. (b) Any Participant may resign and withdraw from the 4M Fund by sending a written notice to such effect to the Chairman of the 4M Fund and the Administrator and by requesting the withdrawal of all funds then credited to its account within the 4M Fund. The written notice shall be in the form of a certified resolution of the Municipality Board or Council of the Participant, stating the Municipality Board or Council's intention to resign from the 4Ai Fund. 32 Such resignation and withdrawal shall become effective upon the receipt thereof by the Chairman of the 4M Fund and the Administrator. No resignation and withdrawal by a Participant shall operate to annul this Declaration of Trust or terminate the existence of the 4M Fund. IN WITNESS WHEREOF, the undersigned Municipalities of the State of Minnesota, acting in the capacity of Initial Participants of the Minnesota Municipal Money Market Fund and pursuant to the authority granted by the Joint Powers Act, have executed this Declaration of Trust as of the 23 rA day of YYl a r�ti, , 19 j;-1 , as of which date this Declaration of Trust shall take, and come into, full force and effect. and Its By Its and _ Its *ATE OF MINNESOTA►' FILED APR 2-3 1087 A anew #Outer ecretary of State 33 #2H MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Resolution Accepting Plans, Specifications and Authorizing Advertisement for Bids for the 2018 Seal Coat Project, City Project 18 -05 Meeting Date: April 23, 2018 Prepared by: Katie Koscielak, WSB & Associates, Inc. Reviewed by: Alyson Fauske, City Engineer Attachments: Resolution, Location Map Background: The City annually provides for maintenance of City streets as part of the Street Reconstruction Fund as a seal coating project. Streets scheduled for the 2018 Seal Coat Project, to receive seal coating improvements are listed below and a location map is attached: Boulder Bridge Drive, Boulder Bridge Lane (north and south), Burlwood Court, Christopher Road, Club Lane, Eureka Road (south), Fairway Drive, Lee Circle, Maple Leafe Circle, Maple View Court, Meadowview Road, Nelsine Drive, Oak Leaf Trail, Orchard Circle, Park Lane, Shorewood Oaks Drive, Star Circle, Star Lane, Sunnyvale Lane, Sylvan Lane, Valleywood Circle, Valleywood Lane, Wild Rose Lane, and Yellowstone Trail. The attached Resolution approves the plans and specifications and authorizes the advertisement for bids. As in past years, the 2018 Seal Coat Project is a cooperative effort with the cities of Victoria and Minnetrista to provide cost effective bidding and construction. Financial or Budget Considerations: The Capital Improvement Plan budget in the Street Reconstruction Fund is $275,000 for 2018 sealcoating and overlay improvements. Options: 1. Approve the resolution accepting Plans, Specifications and Authorizing Advertisement for Bids for the 2018 Seal Coat Project, City Project 18 -05. 2. Direct Staff to modify the roadways designated for seal coating. 3. Take no action at this time. Recommendation / Action Requested: Staff recommends approval of the Resolution approving plans and specifications for the 2018 Seal Coat Project, and authorizes advertisement for bids. 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. 18 -038 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENTS FOR BIDS 2018 SEAL COAT PROJECT CITY PROJECT 18 -05 WHEREAS, the City of Shorewood designates $275,000 for overlay and seal coating in 2018; and WHEREAS, the Pavement Management Plan identifies streets within the City that need maintenance by seal coating; and WHEREAS, the City Engineer has prepared Specifications for the 2018 Seal Coat Project, City Project 18 -05, in accordance with the Pavement Management Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: The Specifications were prepared by the City Engineer for such improvement. Said Specifications are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and according to Minnesota State Law an advertisement for bids, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the city at the specified time and date, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of April, 2018. ATTEST: Sandie Thone, City Clerk Scott Zerby, Mayor j I I I i I Q i William / _Lake i VALLEYWOOD rWILD ROSE'L�A i a � I m JJ ON fZR �\Galpin-L75 -\ / O� SHOREtV w -- OAKS p - -- - I -- - -- Virginia---- - - - - -- - - - - - -- - - - - - -- --------------------- -------- - ----- ----- - - - - -- - Lake �i"��� ���C.Q V__M -■ ■ CITY 0 SHOREWOOD Project Location Map 2018 Seal Coat Streets Shorewood, MN Como I -2018 L - -, City Boundary Parcel Boundary Parks Lakes N A 0 3,200 WSB Feet 1 inch = 3,200 feet CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, APRIL 10, 2018 MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 7:00 p.m. A. Roll Call Present: Chair Mangold, Commissioners V Council Liaison Labadie; City Plai Absent: Commissioner Rock B. Review Agenda Ashmore moved to approve the agenda as written. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minut B. Park Commission Special Meetin'j Planning Director Darling announced that for the tin remotely. She asked the Commissioners to state the Mangold moved to approve the minutes of the Mar Vassar seconded the motion. Motion carried 4 -0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW,BUSINESS 5755 COUNTRY CLUB RD SHOREWOOD CITY HALL 6A 7:00 P.M. , and Ashmore; City Motion carried 4 -0. of March 13, 2418 ✓ mutes of March'24. 2018 rig, the Park Commission minutes would be done ie when making a motion. , 2018 and March 20, 2018 meetings, as written. A. Badger Park Landscape Plan Mangold reviewed the three sections of the landscape plan. Darling reviewed the planting suggestions included in the packet. Mangold moved to recommend approval that turf grass be used to fill in area #1, the first front area of the park. Barr seconded the motion. Motion carried 4 -0. It was determined that area 92 did not need any action from the Commission. Darling reviewed the planting suggestions and ways to add some color for area 93. PARK COMMISSION MINUTES TUESDAY, APRIL 10, 2018 PAGE 2 OF 4 Vassar stated her concerns about people walking through the area, based on her experience being over at the park for Lacrosse. She suggested some sort of barrier, at least for the first year, to deter people from walking through and disturbing the vegetation before it has a chance to get established. Vassar moved to recommend approval with staff recommendations and for joe pye weed flowers to be mixed in, rather than catmint for area #3. Ashmore seconded the motion. Motion carried 4 -0. B. Movie in the Park Mangold reviewed some of the suggested movies and noted that in his opinion, the newer movies are worth it and do better with garnering public interest. Commissioners discussed children's movies versus movies for an older audience, like Star Wars or Spaceballs. Mangold moved to recommend approval of Despicable Me 3, for the Movie in .the Park. Barr seconded the motion. Motion carried 4 -0. C. Badger Park Signs Mangold noted that the City only allows one sign on the road, but it was determined that there could be more done within the park to help alleviated confusion between City Hall; Southshore Center and Badger Park. He asked if signs were actually needed within the,pnrk or if they j st' caused more confusion. He mentioned the "Welcome to Badger Park" on the playground area as unnecessary. Commissioners discussed possibility of a digital sign along Country Club Drive and the different signs throughout the City. They discussed posting signage on the new shelter rather than having a post or monument sign. There was also discussion about the traffic flow improvement as part of the construction process perhaps eliminating the need for the green directional signs. Council Liaison Labadie noted that the Council discussion has centered more on the interior of the building, however, an idea that came up was that this would be the time to "rebrand" the Southshore Center. The .Commissioners asked staff to research a "digital sign and pursue feedback from staff and people using the Southshore Center to see if they are seeing any improvement with the new parking lot layout. 5. OLD BUSINESS A. Badger Park Shelter Darling reviewed the grant application for the shelter and design options for the building. Commissioners discussed keeping the material similar to City Hall, with wood posts partially wrapped in stone. They discussed using a metal roof, but would like to see color options, before a final decision is made. They discussed a split gable and exposed truss look, to again tie into City Hall. They suggested taking a look at the cost of adding some charcoal grills. They discussed separating the bathroom structure from the main shelter and perhaps some type of plantings that may help deter shenanigans from youth. They recommended taking a look at the building size and perhaps increasing the width to fit more cohesively with the circular walking paths. PARK COMMISSION MINUTES TUESDAY, APRIL 10, 2018 PAGE 3 OF 4 Mangold moved to recommend approval for staff to move forward with a split gable style roof; look at options for stone and beam structure to match what is already in place at City Hall; to present options for metal roofs rather than an asphalt roof; and to have the bathroom be a separate structure with a similar roof line to the structure. Barr seconded the motion. Motion carried 4 -0. B. Badger Park Playground Color Scheme Darling reviewed the new plastic options that provide less color fading. Commissioners discussed not having darker colors for slides because they tend to be hotter. They discussed keeping the equipment in neutral colors, so it doesn't become outdated. They reviewed the color options for the different elements of the pirate ship. Mangold moved to recommend approval of the Atlantic color scheme and direct staff to come back with option to dress up the sails with a more vibrant color. Vassar seconded the motion. Motion carried 4 -0. 6. STAFF AND LIAISON REPORTS / UPDA' A. City Council Darling reported that the Council had discussed the < consider a poured rubber surface. She reviewed the rubber surface. Mangold suggested a joint meeting with Council to if this is the best use for extra money____; Labadie asked the Commission to clearly layout their moving forward. sire to stay away; from a wood chip surface and x difference between wood chips and the poured a discussion about overall priorities and determine so the Council can be made aware of them received word earlier today that they would be receiving a $25,000 should hear soon about the status of the DNR grant. Darling noted that regarding the Black willow tree at Manor Park, Council had asked an artist to take a look at the possibility of carving the remainder of the tree in place as some sort of art structure. However, it was determined that carving it in place is not an option. She suggested some fencing around the tree if the City is not planning to take the tree down right away. Since the initial recommendation from the Commission was to take the tree down, she will take a closer look at the past minutes and see what the next step is now that the Council has gotten the opinion of the artist. 7. ADJOURN Ashmore moved to adjourn the Park Commission Meeting of April 10, 2018 at 8:38 p.m. Barr seconded the motion. Motion carried 4 -0. PARK COMMISSION MINUTES TUESDAY, APRIL 10, 2018 PAGE 4 OF 4 Respectfully submitted, Marie Darling City Planner #6B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Badger Park — Authorization to Purchase Playground Equipment Meeting Date: April 23, 2018 Prepared by: Marie Darling Attachments: Specific Playground Equipment Proposed Quotes Color Options and Preferred Color Scheme Resolution Policy Consideration: Should the City purchase the playground equipment? Background: Due to the potential for tariffs on steel, playground equipment manufacturers will be placing a 20 percent surcharge on all steel products, meaning that the cost of the playground (which is not 100 percent steel) would increase 4 percent increase for any order placed after May 1. Consequently, the Parks Commission has finalized their recommendations on playground equipment and colors for the new Badger Park playground. The Parks Commission recommends the "Atlantic" color scheme for the playground as shown on the attached options. Attached for your review and authorization are the proposed playground equipment and the copy of the quote for the equipment and installation. All the equipment has been pre -bid as part of the state contract to provide standardized quotes. This quote does not include a playground surface, buildings, grading, concrete work, etc. Financial or Budget Considerations: The playground equipment is part of the Badger Park playground area redevelopment project listed in the CIP for Account 402 (Park Improvements). Additionally, the City was awarded a $25,000 grant from Hennepin County towards the playground. The total cost of the playground equipment is $99,572 (see the attached bid) and installation would be $17,958. (see the attached bid). Options: Approve, deny or modify the resolution. Recommendation / Action Requested: Staff and the Parks Commission members recommend approval of the request. A simple majority vote of Councilmembers could authorize purchase. Next Steps and Timelines: If the item is approved, staff would order the equipment prior to May 1. Connection to Vision / Mission: Quality public services, a variety of attractive amenities, and sound financial management. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S: �Porks�Radger Pork�2017 -2015 rehab Council CAF and Resolution RCAF 150423 Authorization to Purchase Playground.docx Picnic tables (28014 and 28016) with brown table and seats and beige metal tubing. #28014 Heavy Duty Picnic Table (2 -318" frames) #28014 6' (18m) $1,245 #28015 8' (2,4m) . $1,528 428016 e 8' (2.4m) ADA $1,317 Accessible table top extends 12" beyond bench seats. Pirate Ship Playground Deluxe Waist -Hi@ Stave Park Grills 449 Family Sized Grill $640 960 Deluxe waist -Hi@ Stove $294 #51 Standard Stove $231 Heavy -duty, rust - resistant galvanized steel. Permanent installation, allowing for 360 degree rotation For proper draft control. Includes chained, three- position adjustable grates. rim, P Di.IlVr RCIii" Whale animal and swampy riders Merry go All m"rj-I-.D-m Rjp56 .• g.ora iv.rw0 Fig �i6GH • • nanfierer ums r6mn z. r.rYM&5 -06.7 Ar¢....dm W 2105a9 e. 4..rd4..'N dpyq. �u Sqb Q'kzOv" r:L9 SmM {y.wlL�Il1' 1691n���1%� yv%WY 1. dh ha xF -M t � s � I S � �gw.drra.i6 y rm.W+h QA�Rd �! L Wp9k �Fj rai cnlwi�Y ANFIQ �IG'9 12583 Swingset and Add a Bay Swingset with saddle swings, expressions tot and ADA accessible swings TO Runner r pUrCWA .sa+1 TrA. -W +a 6Rvcw ftM� YOU ,U. .WJ*2Wa fud dJTI -W wm...Kmaftn4Ngkv r" CG arneME? Minne sota /Wisconsin Playground 5101 Highway 55, Suite 6000 QUOTE Golden Valley, Minnesota 55422 #21315 Ph. 800- 622 - 54251763- 546 -7787 • i�L� Corte <<: Fax 763 -546 -50501 info@nmwiplay.com 04/19/2018 Badger Park D9023H5 (fitness equipment eliminated) City of Shorewood Attn: Marie Darling 5755 Country Club Road Shorewood, MN 55331 Phone: 952 -960 -7912 mail to:mdarling@lci.shorewood.mn.us Ship To Zip: 55331 Description Quantity Part # 1 RDU GameTiine - Modular Power Scape Play Unit $56,747.07 $56,747.07 for Ages 5 -12. (1) 6225 -- Ship'S Wheel (4) 80000 -- 49" Sq Punched Steel Deck (21) 80001 -- 49 "Tri Punched Steel Deck (2) 80689 -- Handhold Package (2) 80968 -- Schooner Sail (1) 80969 -- Schooner Sail & Crows Nest (1) 80970 -- Schooner Bow (2) 81666 -- Fun Seat (1) 81670 -- Crunch Bar (1) 81684 -- Telescope Upright Attachment (3) 90105 -- 3' -6 "/4' Schooner Climber (1) 90208 -- Funnel Enclosure WBarrier (7) 90268 -- 10' Upright, Alum (4) 90269 -- 11' Upright, Alum (2) 90271 -- 13' Upright, Alum (6) 90272 -- 14' Upright, Alum (I) 90277 -- 4' Quick 'L' Tube Slide,Std,30 "Dia (1) 90283 -- 4 'S' Tube Slide, Std, 30" Dia (1) 90373 -- 2'- 6 "13' -6" Climbing Pole (2) 90379 -- PorthoIe Panel (4) 90381 -- Schooner Panel (1) 90667 -- Spiral Step Climber (3' -0" & 3' -6 ") (2) 90842 -- Single Spiral (4) 91149 -- Enclosure - Timbers (Above Deck) (2) 91151 Climber Entryway - Timbers (1) 91155 -- Climber Archway - Timbers (2) 91157 -- Archway WI Socket - Timbers (2) 91203 -- 3' 0" Transfer System - Timbers (1) 91310 -- TimbersEnclosureW/Thunderring (Above) Page I of 3 x �a>�le�J�reV Minnesota 1 Wisconsin Playground 5101 Highway 55, Suite 6000 QUOTE Golden Valley, Minnesota 55422 Q UOTE Unit Nice P4. 800 - 622 - 54251763- 546 -7787 . pla: COrY ter. Fax 763 -546 -50501 info@mnwiplaycom 04/19/2018 Badger Park D9023H5 (fitness equipment eliminated) Quantity Stock ID Description Unit Nice AMOLInt (2) G90269 -- I P Upright, Galv (1) G90273 -- 15' Upright, Galv I RDU GameTime - Swing Unit $7,411.00 $7,411.00 (2) 5128 -- Expression Swing 3 112" X 8' (1) 5152 -- Pt Solo Add -A -Bay 3 1/2" X 8' (1) 5165 -- Expression Swing w Adaptive Seat 3 112 (2) 8910 --Belt Seat 3 112 "Od(8910) (1) 12583 -- Ada Primetime Swing Frame, 3 l /2" Od (1) 18827 -- Primetime Swing Add A Bay 3 112" X 8' 1 178749 GameTime - Owner's Kit $52.00 $52.00 1 6243 GameTime - Tri Runner $11,904.00 $11,904.00 1 283 GameTime - Whale Animal Only $935.00 $935.00 1 360 GameTime - Swampy Only $975.00 $975.00 2 4893 GameTime - "C "Spring -Loose Fill $253.00 $506.00 2 28016 GameTime - 8' PIS Ada Hd Picnic Table - $1,277.49 $2,554.98 Frame color PVC color 1 60 GameTime - Waist -Hi Stove, Permanent $294.00 $294.00 1 5055 GameTime - Merry -Go -All $5203.00 $5203.00 6 28030 GameTime - 6' PIS Std Picnic Table $1,082.52 $6,495.12 COLOR PALETTE SubTotal: $93,077.17 Freight: $6,495.03 Total Amount: $99,572.20 This quotation is subject to current Minnesota/Wisconsin Playground policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Minnesota/Wisconsin Playground. Indemnification; Owner /Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, Minnesota Wisconsin Playground (MWP), harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's negligence or noncompliance with any of its commitments under this document. MPW will indemnify and hold Owner /Owner's Representative harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance with any of its commitments under this document. This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c/o Minnesota/Wisconsin Playground. Pririne: Good until April 30, 2078. Acid 4Cf to the materials after thtc date. A tax - exempt certificate is needed at time of order entry for all orders whether from tax- supported goverment agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Page 2 of 3 *K (6 aMqT e" Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 QUOTE Golden Valley, Minnesota 55422 Ph. 800 -622 - 54251763 -546 -7787 #21315 - PL4-:r CCRE «.- ., Fax 763.546 -50501 info@mnwiplay.com 04/19/20 18 Badger Park D9023H5 (fitness equipment eliminated) Payment terms: payment in full, net 30 days subject to approval by GameTime Credit Manager. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off - loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Order Information: Bill To: Shi To: Company: Attn: Address: City, State, Zip: Contact: Tel: Fax: Acce tauce of uotation• Accepted By (printed) Signature: Title: Facsimile: P Project Name: Attn: Address: City, State, Zip: Contact: Tel: Fax: P.O. No: Date: Phone: Purchase Amount: $99,572.20 Paae 3 of 3 -@! MINNESOTA-WISCONSIN PLAYGROUND City of Shorewood Attn: Marie Darling 5755 Country Club Road Shorewood, MN 55331 Phone: 952-960-7912 mailto:indarling@ci.shorewood.mn.us Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800 - 622 - 54251763- 546 -7787 Fax 763 -546 -50501 info@mnwiplay.com Badger Park D9023115 Labor INS Install play equipment INSTALL 8 picnic tables & 1 bbq grill QUOTE #21318 04/19/2018 Ship To Zip: 55331 $14,968.00 $14,968.00 $2,990,00 $2,990.00 SubTotal: $17,958.00 Total Amount: $17PS8.00 This quotation is subject to current Minnesota/Wisconsin Playground policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Minnesota/Wisconsin Playground. This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c.,o MinnesotalWisconsin Playground. Pricing: f.o.b. factory, firm for 30 days from date of quotation. A tax - exempt certificate is needed at time of order entry for all orders whether from tax- supported goverment agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. A 13% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. 12 Page I of 2 n Minnesota I Wisconsin Playground 5101 Highway 55, Suite 5000 QUOTE Golden Valley, Minnesota 55422 #21315 M I N N E S O T A• W I s C o N S I N Ph. 800- 622 - 54251763- 546.7787 PLAYGROUND Fax 763 -546 -50501 info@mnwiplay.com 04/19/2018 Badger Park D9023H5 Labor Project Scope: INCLUSIONS One mobilization Public utility locates only Marking and digging of footings to accept direct embedment supports Unpacking of play equipment Assembly of play equipment Concrete for footings of play equipment Pouring of concrete for footings .g Standard insurance offerings M Standard warranty offerings Standard industry accepted labor wages- EXCLUSIONS - - Clear access path up to and into play area for installation equipment (minimum of 8 -foot wide, includes but not limited to gates, walkways. driveways, etc.) - Staging area for materials and installation equipment, trailers, etc. - Unobstructed space for maneuvering installation equipment as well as performing work - Private utlitiy locates such as, but not limited to, irrigation, fiber optics, private lighting, etc. - Accepting, unloading and storage of order(s) /shipment(s) prior to installation - Sitework of any kind such as, but not limited to, grading (play area to have max slope of I %), site restoration, drainage. etc. - Removal of existing play equipment, border, safety surfacing, etc. - Digging in rock, hard pan. tree roots, unstable soil conditions, etc. - Digging /maneuvering in sand, pea gravel, mud, etc. - Offsite removal of spoils from footing holes (can be stockpiled near play area for ownerlowner's representative removal or spread within play area) Disposal of packing material (can be deposited in owner /owner's reprsentative onsite dumpster or stockpiled for removal by others) Border to help contain safety surfacing Bonding of any type Permits of any kind Prevailing, Davis Bacon, Union. or similar, wages Please note, installation is based on site conditions that have been conveyed to our organization by the owneriowner's representative and ideal conditions existing for a timely completion of your project as quoted. Unless addressed prior to the installation quote being issued or specifeally mentioned herein, any issues that arise that impede the progress "completion of your project as quoted will result in additional charges. Acceptance of quotation: Accepted By (printed): P.O. No: OF Signature: Title: Facsimile: Date: Phone: Purchase Amount: $17,958.00 Page 2 of 2 MIM 2x §) . Lj ) Li ~ �� \ � \ �� �k\■ / / � � / 2 K ■ r � � x / ■ � / ƒe ��•� � \ Z � \ / � �� ` /� � , $ r • ` � \ � ; � ' t • , ; B . E | fill � ] § 14 # § {| #bI • 1W i wAw 1W r imm- fir r, .r 1 SHELTER W r 20' X 36' MOW u wmm W IDlt m u� rt. nr onme 1 RESTROOMS 10' X 16' r .26 "Is�sT � raR19TT • a, a .-A,— T � —0 7 C/ � r 973 rL (:�o ,f/ d 10 27 3r a W 00' v 2V W IW imlitfill 11111101111 ILLI-LLA,11milmilmil ilr ,m IW 147 1m THIS RULER WILL SCALE CORRECTLY WITH ANY REDUCTION IN DRAWING REPRODUCTION W' Q. 17 2d 27 17 r7 T7 er 07 IW 11 1 11 111 11 1,a. 127 170' If14y 1!0' Mrg. By., sold 6 oisld6°1ed By P.O. Box 27328, Golden Valley, MN 55427 Badger Park a1�r11eTiilie �� "" p 'R'OUW 763 -548 -7787 1- 800- 622 -5425 Fax 763- 546 -5050 ,-Me Shorewood, Minnesota 3 -22 -18 DWG. D9023H4 Ennchiru,]chifihxd7kr -gi, Pl °y ink@mnwiplay.com THS PRINT 15 THE PROPERTY OF MINNESOTA WISCONSIN PLAYGROUND INC. ANO IS NOT TO BE USED, COPIED DR REPRODUCED WITHOUT THEIR E %PRESSED W%M PERIMISSION. 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L !! \k �Fn !. } �4g \ CITY OF SHOREWOOD RESOLUTION NO. 18 -046 A RESOLUTION AUTHORIZING PURCHASE OF PLAYGROUND EQUIPMENT WHEREAS, the City of Shorewood ( "City ") desires to redevelop Badger Park and has spent considerable time and effort reviewing concept site plans and playground equipment; and WHEREAS, the City budgeted $375,000 in the 2018 capital improvements plan for the playground rehab, shelter and restroom construction, trails, and related expenses; and WHEREAS, the City reviewed has received a quote for equipment under the state equipment bids from Minnesota/Wisconsin Playground for the equipment; NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood hereby accepts the submitted quote of $99,572 for playground equipment and $17,958 for installation by Minnesota/Wisconsin Playground for the redevelopment of Badger Park Playground. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23th day of April, 2018. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 17, 2018 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Maddy; Commissioners Davis, Eggenberger, Darling; and Council Liaison Sundberg Absent: None 1. APPROVAL OF AGENDA Davis moved, Riedel seconded, approving the agenda meeting, as presented. Motion passed 510. 2. APPROVAL OF MINUTES • March 6, 2018 Eggenberger moved, Riedel seconded, approvi March 6, 2018, as presented. Motion passed 510. 3. PUBLIC COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Riedel; Planning Director 17, 2018 Planning Commission Commission Meeting Minutes of Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission's role is to help the City Council in determining zoning and planning issues. One of the Commission's responsibilities is to hold public hearings and to help develop the factual record for an applications and to make a none- binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING — C.U.P. for Accessory Space over 1,200 sq. ft. Applicant: Michael Schroeder (Rep. Jack and Gretchen Norqual) Location: 27960 Smithtown Road Chair Maddy opened the Public Hearing at 7:03 P.M. and noted the procedures used in a Public Hearing. Director Darling explained that Schroeder Management has requested, on behalf of Jack and Gretchen Norqual, to construct a new single - family home on the property located at 27960 Smithtown Road. She noted that the adjacent properties have single family homes and noted that the property owners also own three other lots in the vicinity. A home on the property was demolished in 2009 and a small house and garage was constructed on the site. The small house was built with the understanding that it would be converted into a garage or storage building when the new home was constructed. There is also a small storage building on the site that was constructed in 1930, that is proposed to remain. The proposed home CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 2 of 7 would include an attached garage space and the total accessory space including the new attached garage, the detached garage, and the 1930 shed space, is over 1,200 sq. ft. She noted that in the information sent out for the April 3, 2018 meeting, did not include a small accessory space, which accounts for a 182 sq. ft. difference in the total from the initial staff report. She reviewed the standards for consideration of an application of this nature. Staff has found that the application complies with the standards and is recommending approval of the request. Michael Schroeder, Representing Jack and Gretchen Norqual Mr. Schroeder stated that they had worked to ensure that all the buildings on the site worked together and complied with the City standards. Commissioner Riedel expressed concern that the code stated that only three accessory spaces were allowed. Director Darling stated the use for the small accessory space is for a garden room attached to the lower level of the house. Chair Maddy noted that that difference seems to be the indoor area, it would be considered a closet. Mr. Schroeder noted that the most recent plans have actually out of the plan. Commissioner Riedel noted that alleviates hi He read aloud from the code and noted that it delineate between attached or detached. Chair Maddy opened the There being no at 7:17 P.M. portion t, Chair Maddy closed to the outdoors, to the garden room as an accessory space hen, since there are only three accessory spaces. is limited to three accessory spaces and does not Public Hearing at 7:17 P.M. Public Testimony portion of the Public Hearing Commissioner Riedel stated that both this application and the next application on the agenda have a large area of accessory space. He stated both are vastly above the allowed 1,200 sq. ft. He stated that the City seems to be seeing more of this and has, thus far, approved every C.U.P that has come before them allowing larger accessory spaces. He stated that it appears that a precedent is being set and suggested that the Planning Commission take some time to determine whether the 1,200 sq. ft. limit should be increased or the other conditions examined more closely to see if they are still relevant. Planning Director Commission. t this issue was already on the list of discussion items for the Planning Riedel moved, Davis seconded, recommending approval of the C.U.P. for Accessory Space over 1,200 sq. ft. for Jack and Gretchen Norqual, and the property located at 27960 Smithtown Road, on the condition that there are only three accessory areas. Motion passed 510. Director Darling noted that this application will be considered by Council on April 23, 2018. B. PUBLIC HEARING — C.U.P for Accessory Space over 1,200 sq. ft.; C.U.P. for Fill in Excess of 100 Cu.Yds; and a Setback Variance Applicant: TEA2 Architects (Rep. Jodie and Paul Siegle) Location: 5550 Marsh Pointe Drive CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 3 of 7 Chair Maddy opened the Public Hearing at 7:21 P.M. and noted the procedures used in a Public Hearing. Director Darling explained that, on behalf of Jodie and Paul Siegle, TEA2 has requested to construct a new single- family home at 5550 Marsh Pointe Drive. She noted that the previous homeowner had demolished the existing home back in 2014 and the land has remained vacant since that time. The applicant is requesting two C.U.P.s and a variance: a C.U.P. for exceeding the permitted amount of accessory space with a 2,820 sq. ft. structure; a C.U.P. to exceed the allowed 100 Cu. Yds. of material, to import 395 Cu. Yds. of fill; a variance for the home to be built 45 feet from a side yard setback abutting a public street, for the construction of a porch, steps, and an eave overhang. Director Darling reviewed the design plans. Director Darling noted that if approved, staff recommends that large trucks and construction traffic utilize Smithtown Road and that once construction is completed, the existing driveway on Smithtown Road be removed and turf be installed. She noted that the applicants have met some of the variance standards better than others, but staff realizes that the standards are open to interpretation. Staff is recommending approval of both of the C.U.P. applications, but not the variance. Commissioner Riedel stated that he had noticed some cattails and asked if there was any wetland designation in this area. Director Darling noted that to the north Commissioner Eggenberger asked why the Ci Director Darling stated that property any longer and red public. Commissioner Eggenber desks by Rob and Beth points on other comet and wetland buffer areas around the perimeter. reed with the driveway on Smithtown Road. taken out because it is not a practical use of the r order street is always a benefit to the traveling is in relation to the letter that was put on their -sh Pointe HOA agreement meshed with City Planning Director Darling noted that the properties to the north were developed as a subdivision under a Planned Unit Development (PUD) called Marsh Pointe and are all held to the standards of the PUD, which are enforced by the covenants that were recorded against the property and maintained by the HOA. HOAs can have standards above and beyond what the City allows. This particular property is an adjacent property and not part of the PUD or the HOA documents. She would like to enter the letter from Rob and Beth Reiskytl, 5730 Marsh Pointe Drive into the minutes, for the record. Chair Maddy asked how many zoning restrictions were relaxed for the adjacent PUD. Planning Director Darling stated that the front setback was relaxed and the wetland buffer /setback was increased on certain lots abutting the wetland. Tom Van De Weghe. TEA2 Architects, representing Jodie and Paul Siegle Mr. Van De Weghe concurred with staff that they have met all the requirements for the C.U.P.s. He stated that his clients purchased this property with the intent to put in a home that would blend in with the area, but the site has some unique properties, such as the grade change from south to north. He stated that he feels the 50 ft. setback is much more restrictive than any other property in the area. He quoted from the CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 4 of 7 zoning regulations, section 1201.03, subdivision 3 -D, that allows for setbacks to be changed to allow for homes to fit within their neighborhoods. He stated that he doesn't feel this property can be compared equally to the surrounding properties. He reiterated that the property owners, Jodie and Paul Siegle had a desire to add a new home that blends in and this design does the best job possible of "filling in the missing tooth" in this neighborhood. He explained that the 4 feet of encroachment that they are asking for is for an open porch that is allowed in many other municipalities as part of their code. He noted that Planning Director Darling had mentioned that this issue was self - created. He stated that he agreed that it could be viewed as self - created, but it was due to the unique condition of the property. He reviewed other possible alignments of the home and buildings and the problems they created and stated that they felt the current design was the best one for the unique issues relating to this lot. Commissioner Riedel noted that this was a rectangular lot with col to him that the starting point would be the setbacks and the design in place. He asked what had happened in the design phase and approved of the open porch area or if it was designed intentionally application required. Mr. Van De Weghe stated that this is a very complicated site. They of the client, the amenities of the site, the ability to view the greens so great view to the east, as well as the busy corner to the sou encroachment and ask for a variance. He stated it was somewhat o' the fact that this house is already 15 -20 feet further away from the s1 He stated that their design plans were also in response to get the hou in the neighborhood. Commissioner Riedel pointed out that to the north is we into the neighborhood" is not a clear -cut statement. Mr. Van De Weghe stated that if you drive around the the way to where it connects with Smithtown Road, e, stated that even along Smithtown Road, every house is on a conforming lot. It seems riven by the setbacks that are TEA2 thought that City code that there would be a variance coked at a combination of the values ),cc and the wetland area, and the not b. It, was decided to have a small a design decision, but, also based on eet than the rest in the neighborhood. to feel more like the existing homes is the school, so to him, "fitting re neighborhood, along Marsh Pointe Drive all house is closer to the street by 15 -20 feet. He er to the street than this house will be. Commissioner Riedel stated that he thinks this is subiective. Mr. Van De Weghe asked why this property was being treated differently. They have only one neighbor that is contiguous with which they can compare themselves to and they are not being allowed to make the comparison. He reminded the Commission that they are only asking for four feet for an open porch. Commissioner Riedel asked if the design of the house could work without the porch. Mr. Van De Weghe stated that he didn't think so because a porch adds great human character and scale. Chair Maddy asked if eaves are exempt from setback requirements. Director Darling stated that eaves are allowed to encroach two feet into a required setback. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:48P.M. Nick Richardson, 5670 Marsh Pointe Drive, stated that he was here representing the HOA for Marsh Pointe. He stated that he wanted to reinforce the letter from the Reiskytls and state that they were super pumped to have the Siegles in the neighborhood. They are excited to finally have a home built on that corner. The only concern that he was asked to bring forward on behalf of the HOA, was the size of the detached garage CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 5 of 7 or accessory building because it is twice the size of the regular sized space of 1,200 sq. ft. Their primary concern is the precedent that it may set in the area. He stated that their HOA does consider the two front lots part of their community and its overall aesthetic, even if they are not officially part of the HOA. Chair Maddy asked if the HOA had discussed this development specifically and if there was any input on the 5 -foot setback variance issue. Mr. Richardson stated that the setback issue did not come up, only the concerns with the size of the detached garage. Director Darling noted that the letter submitted stated that they had no objections to the C.U.P. for the fill or the setback variance. Robert Bauman,26640 Smithtown Road, stated that he lives property and really likes what they are trying to do. He thinks t encroach on anybody. He would like to see the City let they concern about the size of the garage and questioned whether tr asked what the feeling would be if it was called a recreation bl storage of Mr. Siegle's entertainment and not for cars coming stated that the design has windows on the side that can be seen there should be any objection, because if it was a house, people street from the Siegle's its property is very umgw i do what they want. H e issue is because it is c .ilding. He thinks this bu and going or working on from Smithtown Road, s, would say it was fine. and won't really understands the ed a garage. He ding is more for ,ars' outside. He he doesn't think Tom Van De Weghe, TEA2 Architects, stated that the location of the detached garage has a little latitude because it is not currently up against the 50 -foot setback, The form of it could be changed a bit to break down the scale, so it doesn't necessarily feel like a long, large garage. Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:54 P.M. Riedel moved, Gorham seconded, recommending approval of the C.U.P. for an accessory space to exceed 1,200 sq. ft. for Jodie and Paul Siegle and the property located at 5550 Marsh Pointe Drive, as presented. Motion passed 510. Commissioner Riedel asked if there would be an application made to the watershed district since this property is 'adjacent to the wetland. Director Darling stated that they will need to provide for erosion control. She noted that the City will also be watching to make sure that the silt fences are in place and doing their job. Chair Maddy noted that the City Engineer had taken a look at the plans and asked if she had seen anything of concern. Director Darling noted that she did recommend a few general conditions, if the City approved the project. Riedel moved, Davis seconded, recommending approval of the C.U.P for exceeding 100 Cu. Yds. of fill, that the existing driveway on Smithtown Road be removed, and the other conditions laid out in the staff analysis and recommendations, for Jodie and Paul Siegle and the property located at 5550 Marsh Pointe Drive, as presented. Motion passed 510. Commissioner Riedel stated that he feels this is a tough sell in arguing for a variance. He feels the design could be completed within the setbacks that include a porch. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 6 of 7 Commissioner Davis stated that she is also troubled by the seeming assumption that this was designed with the thought that they could just get a variance. She stated that the City doesn't necessarily make its decisions based on what other cities do. That being said, she noted that she does feel a porch is a reasonable use. Chair Maddy noted that he viewed this another way. He feels this property is somewhat of an island sandwiched between a school, a road, and a PUD that, to him, is a practical hardship. Director Darling noted that the code is actually written to allow variance to the front setback to stay within the character of the area and match the other homes in the area. She stated that there is a technicality in the code, because a side abutting a public street is not a front yard. If the Commission was looking at Marsh Pointe Drive as the front, they could consider the property to the north, and take the average between the required setback and the front setback shown on this home and it would conform. However, this is literally a side setback, so a variance would be needed, and cannot be interpreted administratively. Commissioner Eggenberger stated that he does not feel the convinced that it was designed with the intent of just gett property is unique and thinks the overall design is vex unreasonable. Commissioner Gorham stated that he has not seen practi architect and feels you should start with the restrictions and point. variance. He st 11 done and does onable and is not he does feel this the request as y proven. He noted that he is an forward with your design from that Commissioner Riedel stated that he didn't feel the issue in granting the variance was whether the design is fine and fits into the neighborhood or not, because it clearly does. He noted that there should always be a specific rationale for granting a variance, the most typical would be a non - conforming lot. He stated that it is a reasonable request, but, feels it is self - created, by the design. Chair Maddy noted Commissioner Riedel Marsh Pointe Drive, bt Eggenberger made a from a side -yard setb at 5550 Marsh Pointe Riedel moved, be 45 feet from located at 5550 parcel was created and in Place before the nearby HOA was platted. he agrees with all the architectural decisions to line up the house with inderstand the need for a five -foot encroachment. recommending approval of the variance to allow a home to be 45 feet tting a public street for Jodie and Paul Siegle, for the property located Due to lack of a second, the motion died. 1, recommending denial of the request for a variance to allow a home to back abutting a public street, for Jodie and Paul Siegle, for the property Drive. Motion passed 4/1. Director Darling noted that�this application will be considered by Council on April 23, 2018. 4. OTHER BUSINESS - None 5. MATTERS FROM THE FLOOR - None CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 7 of 7 6. REPORTS • Liaison to Council Council Liaison Sundberg noted that the summer party is coming up in July and more details will be sent out soon. • SLUC Summary Commissioner Davis stated that she had attended and noted that it was very interesting. She noted that the Brookview facility is stunning, but, the food was not good. Commissioner Eggenberger stated that he had also attended and was amazed at all the planning that goes into roadway planning. He noted that the discussion surrounding the City getting involved even when a developer is paying for the roadways is very important, because ultimately, the City would be responsible for the roadways. Director Darling noted that for the next SLUC mee about whether smaller lot sizes advance both public interested in attending to let her know. • Draft Next Meeting Agenda Director Darling stated there are no develop= it might be a good idea to start discussion on the and advertise the meeting to collect community 7. ADJO Davis moved, Riedel seconded, adjourning the Pla 8:17 P.M. Motion passed 510. on May 23, 2018 is, "Size. Does It Matter ? ", e sector goals. She asked anv Commissioners slated for the next meeting. She noted that rds. She will put together some background Commission Meeting of April 17, 2018, at MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Schroeder Management —CUP to Exceed 1,200 Square Feet of Accessory Structures at 27960 Smithtown Road Meeting Date: April 23, 2018 Prepared by: Marie Darling Reviewed by: Patti Helgesen Review Deadline: July 10, 2018 Attachments: Planning Director's Memorandum from the April 17, 2018 meetings Resolution Policy Consideration: Should the City grant a conditional use permit to the applicant to construct a new home with an attached garage? Background: See attached Planning Director's memorandums for detailed background on this item. At the April 17, 2018 meeting, the Planning Commission unanimously recommended approval of the conditional use permit to allow the total accessory structures to be over 1,200 square feet of floor area. The applicant was present and spoke in favor of the application. No one from the public requested to speak. At the meeting, the applicant indicated that an interior space should not have been counted toward the total. After the meeting, staff worked with the applicant to confirm the total square footage of accessory space is 3,127 square feet. The difference being that the larger structures were measured on the exterior of the structure (which included one -foot walls) and some enclosed spaces in the detached garage /storage building were left out. Staff modified the attached memo with the corrected total to avoid future confusion and the resolution was written with this revised number. The Planning Commissioners restated a need to review and potentially revise the zoning ordinance standards for the square footage of accessory space as there have been no applications denied for the expanded garage space for many years. Staff note that reviewing the accessory building standards is on the Planning Commission's work program for this year. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Options: Approve, deny or modify the resolution. Recommendation / Action Requested: Staff and the Planning Commission members recommend approval of the request. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S: �Plaaning�Planning Files �Applicarions�2019 Cases �NOrqual CUP�CAF 190423.d- Next Steps and Timelines: If the item is approved, the applicant would submit any outstanding information to be consistent with the conditions in the attached resolution and submit a building permit request. Connection to Vision / Mission: Quality public services. MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityha11 @ci.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Patti Helgesen, Assistant Planner MEETING DATE: April 17, 2018 REQUEST: Schroeder Management, LLC — Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet LOCATION: 27960 Smithtown Road REVIEW DEADLINE: July 10, 2018 LAND USE CLASSIFICATION: Minimum Density Residential ZONING: R- IA/S FILE NO.: 18.03 REQUEST 41 Schroeder Management, LLC (on behalf of Jack and Gretchen Norqual) is requesting a Conditional Use Permit to allow over 1200 square feet of accessory space on the property. Notice of this application was published in both the City's official newspapers and mailed to all property owners within 750 feet of the property at least 10 days prior to the meeting. BACKGROUND • �t w- 4 Context: The property currently contains two buildings; an older shed built in 1930 and a single - family dwelling. In 2009, the house that was on the site was demolished, and a smaller single - family dwelling was constructed to serve as a principal use for the property. The owners are now ready to construct a new home and they would like to keep the two existing buildings for garage and storage space. The existing single- Page 2 family dwelling will be converted into a garage /storage building and the shed will remain as is. The new home will contain an attached garage, and the combined total floor area of all accessory space will be over 1200 square feet, requiring a Conditional Use Permit. The property is zoned R -IA/S, Single - Family Residential/Shoreland and contains approximately 101,495 square feet of area. The proposed home will contain 6,042 square feet of floor area on two floors. The attached garage will contain 1,000 square feet, the detached (converted) garage will have 1,502 square feet, and the shed is 625 square feet for a total of 3,127 square feet of accessory space. The zoning code requires that detached accessory structures not exceed 15 feet or one story in height. The converted house /garage was built to comply with these provisions since it was intended to become an accessory structure. It has only an attic with a low ceiling height and is accessible by a pull down stair. The older shed also has an attic that was modified back in 2009 to lower the ceiling height in order to comply this provision of the zoning code. ANALYSIS Applicable Code Section: Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific criteria for granting this type of conditional use permit. Following is how the applicants' proposal complies with the Code: a. The total area of accessory space (3,127 square feet) does not exceed the total floor area above grade of the principle structure (6,042 square feet). b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R- IA/S zoning district (.10 x. 40,000 square feet = 4000 square feet). C. The proposed home complies with the setback requirements for the R -IA/S zoning district. The proposed impervious surface coverage would be 16.6 percent, which complies. Given the size of the property and the amount of existing vegetation on the site, drainage and landscaping are not considered to be issues in this request. The applicants' tree preservation and reforestation plan will be submitted with the building permit for the new house. d. The materials and design of the new home are consistent with the character of the existing buildings on the site. RECOMMENDATION Staff finds the applicants' request to be consistent with the requirements of the Shorewood Zoning Code and recommends that the conditional use permit be granted as requested. ATTACHMENTS: Location Map Applicant's Narrative and Plans Photos of Existing Buildings Survey and Site Plan z�T N A Ra P, 0 300 600 1,200 a Feet CO CD 0 00 Roa ar �r n nn c� Ct � Lake Minnetonka �a C m 5� d c� / L �r y e v oSubject it o Property La 0 62 z Accessory Shed 625sgft Built approx. 1930's Structurally updated and re roofed by permit early 2000's Not Heated, No City Sewer & Water RECE EEI FEB 14 2018 CITY OF SHOREWOOD OLDERSHED Accessory BuHdin� Ij,326sqft Buft 2010 Y2 Garage, • One Interior Room wi"Ldi 2 Closets 1-% Bath, Cit-y Sewer 8t Water Connect-ed;, Heated Refrigerator and Sink,, No Range or Oven I HOUSE (CONVERTED TO ACCESSORY SPACE) 2/14/18 To: City of Shorewood 5 755 Country Club Rd Shorewood, MN 55331 From: Jack & Gretchen Norqual 27960 Smithtown Road Shorewood, MN 55331 Jack & Gretchen Norqual the owners of real property located at 27950 Smithtown Road PiD 31-- 117 -23 -34 -0034 in Shorewood. MN request a Conditional Use Permit to exceed the 1,200sgft maximum accessory area to allow for the construction of a new' residence on the above property. Attached is a certificate of survey dated 1/2/18 showing the existing accessory structures and a proposed drawing showing the new residence. The proposed plan will meet all the city requirements of Accessory Structures with the exception of the maximum 1,200sgft total area requirement. After corn I yj i n of the new residence the total area of attached and detached accessory space will be sgft. This is under the 10% of minimum lot area requirement of 4,000sgft, it is also under the 5,042sgft of finished above grade square footage of proposed principal residence, and will consist of no more than 3 buildings. The existing accessory structures are in excellent condition, built or repaired and inspected by previous city approved permits, are within the buildable lot area, less than 15' in height, landscaped, and are in architectural character of the property including the new proposed residence. Detached accessory buildings are accessory space for owner's personal use and will not be rented or used as living quarters. Thank you for your Consideration, Jack & Gretchen Norqual RECEIVED MAR 13 2018 CITY OF SHOREWOOD APPLICANT'S NARRATIVE Certificate of Survey vl x9ae.s3 1 C/ l �\ m L-L• i �g� rsa — a sean+bf7r rss,er 1 % --- S u ►� Ja+ Saa'Gd0!"11'da!i7 q -�RdF p �{7tAir ' �., t'r �•S?*" — S42 Cyr l� ` 1 r 1 �°?' — rr°1 �1 t Up of ^e►� `� 3...� ��`.�- - —�~ 7 . f fire r , �Z 1 o— I I 4 f- 1�M t 'f{� !* ;�N 1� `"k�a+1/ if A/ r,• r7 f . rf �;r +i`.:fv" CVP'~ ,__r;. rc�fL •i � � 1 : w' �7`� y,�{yam- � �„i:'�a/ � � ra 9h �D]a �[-�v I ''� I $.RClrrl 1 ��$� ; =�i�i. +.i r .,�.r:.F'i•Y,fT�l� 4/ �w' w 77AVEC ► M fIW LkrA a � �� � t r• N +�' . -s.•�� �.t:1v ■ I,+Cf� . �'• �� `, r C+�,pfbn�9i7.e9p � ram t 7! � �'^'4• Y�` •i "',maTir`� •: ��'� �' Clli 's 1 J S y a6Ybr d'1fAR. �JrS•`�L.�'�' L�r^1+.1'1kp'r � �- • - I �' • '�� \�, ' _ .•1�?y�gr scs+ f � �, O a� r q'� „��tpA�-y4�,r' � J� � ~ s�x�za�- � r 02ruAE ors ee q�° C ., �,,,, on A49 2.A ACRlS} / o O y t�l.F a r!-•TJ j�• X947.20 f ~� e fSrr7 �1 LAKE 1 ;�� MINNETONKA Grfere � t r dp lr `, ` ' f r� r / r ��r 1'� �' Gva L 1 % 1 , 'do r "p) &diowymbi .r L7r.ol w — saitdpf'dar fxaseax ar) 11 , w,t "_ y �•� �5, `+ r.. „ar. 1 :Pt�s "fi+ tl{fn.et R.radsd t�t� a r.,etn, -sans? r..1 [kr.Ka lras) 1 1 rap er tae LfrwlSaa as r-a-ra - soots tiet (N GY11 Iran) 11►' •�, law Nv xwaaL" N b 7b as F+N — Lf sae — donates EulrlA+g Contour "am x denaler Usfing Spot covorlan rF wil denotes RhIshed Raw El+sorlan MI deno ►es Telephane Pedssld ® donoler Elecerkol Pedssfat -O- denotes Power Pole t} donates filer S+utolf lWw m denotes Sarttlory Almihde al denotes Catch Booh O denotes drddw" Tree denotes Conlferaus Tree denotes Sardlary Sewer Life ^-^ ONE — danores Overhead Ereefrfc Life x derfofos Fence Line D ------ 4 dmtes £Afs[Ltp Culvert - --- - -- denotes Drart and Wily Easemo+nt per the plot BILL EMKSOH ADDITION -- • - dertoles Bulldily Sefbm* Erie rm"r — -a' Sldr - .YQ- aA WJ. - 50' xa:>t ►e raftV Owenr 4,0' rnnnr Lbnw aa' ++ rrrl Mahn of 1ed-- rref Hwfh of the Frow�+r [rh■ % Pkowlr }tmff rr , _..wj,,.- ° -w plot 0 j (" 0. Alt , f�' GLOa Ma -Bad�3 � 1 I � ''rrn+n Low AS' 1 1 1 l l ' n 1 Pmpi rly DestrWh”: Lot A, Blow* J. OU DUCKSW ADOtITOM Hennep>R CatmiX IJlanesolo, aocwdhp ro the retarded plat lherrof, tn A N N Li tU 00. �w C'LS a CO Q Q6o CO N 1 I � is k Z ~ fi sc E, � o �; _J:j: a a� fi OUSTING CONDinONS bl PIZOPC� LITSE 107.49'J.�} 1 i 8+ v, v, t BRiC HOUSE ARCHITEM CIARIM & FAL9 ST sure ma MMl,rmvA ON W15 Tr116121 T» • Tam. pone 11 The Norggal Residence R&D Sm lmm«� lldJ frAmmr, LN 55.,51 0. 1 � a 5.� RECEIVED MAR 21 2018 CITY OF SHOREWOOD TOTAL GOT AREA1 I01 ,495 5P A. PROP05ED ULW, PRIMARfFMOFNCE ttou5C 3,582 Sf COVuLO OPENFo9chm 734 SF TOTAL NW, PRUARYHLOG COVTRAGE 4.3 t E 5F B. ACCE55ORY9JAD5000VERAM PROPOSED A7TACMD C+ARAGX 16 I 5F E*TG Srw 50RY BUM* / [ ] ,6 0 5F � TOTAL ACCESSSORr BLED COVERAGE 06 5F 1101 C, W KWAYSr I] rrr3; 8'SF WESTTERRAM °TCPS 70G Sr iA5T WALKWAY$/ ORWMAY 4.960 5F DUST1NGGgAVEI DAVE 8,6pO SF TOTAL WAMWAY5, OPM 9.266 Sr TOTAL HAR=M, ; A + a + C) I G, 699 5F HARDCOVER PCRCENTAG& [ 16,6861 TO 1.495 ] 16.44 R. PROPo5O, ASOV>= GRAAG mou5E r5P, MAN LEVEL 3,582 51- LFFFER LEVEL 2,4 GO 5F TOTAL 6,042 9F �K n.� :Jl'JIa rn� Site Plan �swr 1*-Vrr NEI aoonn3a0HS zIo ui0 910Z I z 8vw aaniaOaa Game Foundation Plan rPr� wwr; p�.- '. UNIL55 HCC15 ORI:;.M5'.. C{SYAkrKWSi-$iO �7_ JWNutia,,, O NO 't:IW tlI11qLy 'wlyy n�V;�2YX4r0 p :Cr pDlC -ZYIN -7lc LS :.Ly lE2xr . 1. UNI rr NnI_o n,1'MOM AI• MNXJ5 W 7C 9Z 1<'k IM *VIMM c. LINLIE!j 4R4_P:r. een PJG ALL McAD '110 M S.Invxz7 Oro 21 c Meg XWL 7. MCAIC.K r mCANe)U%pAC U; LIR:VS02NACC Or ZIC WNL:13J0- r. timLti7 NO fC 7 pfrrJWM N117gp1]RI OOM%ARX M WJ.I RV -of%W I. il. 04I e," IIOI p *a-0104= f"08 Y111pI dW7C'ti1l.+Att .O?'A0. � n71111 ]A11d1- 40. Y_IU r7 ALL INVRu+71XSM [WAJI=J1A4 bwwwc. Main Lcvel Garage Plan Uppu Lml G =go Plan BRiCK HOUSE ARCHITECTS CLARI DG F & FALN i s me A* N slnfr vw M m NtN'WA kn M4l3 re�lllrli>,� -�la Ir1I3R� The Norqual Residence ?!WA 5mhh MA W Mn�J 1[e17�.a+vr 3119/18 7111: Garage Floor Plans 9odc1 4- o' 2' 4' 8' 19 A1.3 cLA, ui44Lv mnA zAm� rur East (Entry) Elevation BRiCK HOUSE ARCHITECTS CLARIDGE& FALX MNYI[FIgIY MIS limr"wu"Em 9"13 1644 The Norqual Residence ,r%10Smfthk ip..kd 1L=1A r•40753]1 0-wn llri RECEIVED MAR 212018 CITY OF SHOREWOOD D 3/19/18 n1c Exterior Elevations 8.d. 144' (Y 24 41 81 19 6?%=p=mmi A2.0 RECEIVED MAR 2 12018 1 CITY OF SH0REVV00D_1 North Eleva6on East Elcvaflon at North Log�ja did South'Elcyation at North Loggia BRiCK HOUSE ARCHITECTS The Residence -- -- -- -- � Exterior Elevations A2.1. Wm (Lakeside) Elevation ISM ® Nn 0 E71 fii N 4 .......... ------- . . . . . . . . . lie Fast F-1 evz I c n at Wcst Loggia &, Screened Porch South E levadon at S=ncd.Pomh BRiCK HOUSE ARCHITECTS CLARI W F L FALK " wk -m srVrR m "Impic-pp" OR M-111 F-InAA•PI The Norqual Residence ILN 33331 LPN RECEIVED MAR 21 2018 CITY OF SHOREWOOD ow. 3/19/18 T1110 Exterior [See A3,0 for typical noies and dimensions Elevations SWc. V41 0' 2' 4' 81 1 G, 6P%=Pm=m1 A2.2 �MIII BRiCK HOUSE ARCHITECTS CLARIDGE & FA A South Elevation PL: MEMw=., WM WA inp ii j"j MIN Ing. rllq WEN NIF 01 --momw Wcst Rlmtion at Grotto Nod E1cvoc:oi at Grcno East Nowlion at Grotto I ISee AN for typiml notes and dimcnsivns (7 2' 41 43, 1 G' e; 1,70.1 .ce 1W1-par_ O'L Ne RECEIVED Exterior Elevations S-Wk 1'4' East Elcv3don at Gana gc MAR 212018 Al I CITY OF SHOREWOOD- CITY OF SHOREWOOD RESOLUTION NO. 18 -039 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ADD ACCESSORY SPACES EXCEEDING 1,200 SQUARE FEET FOR SCHROEDER MANAGEMENT AT 27960 SMITHTOWN ROAD WHEREAS, Schroeder Management, LLC., on behalf of property owners Jack and Gretchen Norqual, has applied to construct 3,127 square feet of accessory structure space on property located at 27960 Smithtown Road, City of Shorewood, legally described as: Lot 4, Block 1, Bill Erickson Addition, Hennepin County, Minnesota, according to the recorded plat thereof, and WHEREAS, the property owners have an existing home and garage they will convert to a detached garage /storage space, and a detached shed built in the 1930s, and wish to build a new home with an attached garage on the property; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on April 17, 2018, the minutes of which meetings are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on April 23, 2018, at which time the Planning Director's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the City Council from the Applicant and from the City staff, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property is located in an R -lA /S, Single- Family Residential/ Shoreland zoning district, which allows accessory buildings to exceed 1,200 square feet subject to the approval of a conditional use permit. 2. The applicant's proposal is identified on plans submitted to the City on February 14 and March 13 and 21, 2018. CONCLUSIONS The Applicant's plans have satisfied the criteria for the grant of conditional use permit to exceed accessory space under the Shorewood City Code. 2. The Applicant's plans indicate the new home and improvements proposed would be compatible with the neighborhood and would not tend to depreciate the area. 3. Based upon the foregoing, the City Council hereby grants to the Applicant a conditional use permit to construct a total of 3,127 square feet of accessory space, based on the plans submitted February 14 and March 13 and 21, 2018, subject to the following: a. The applicant may not proceed with improvements prior to issuance of required permits. b. Prior to issuance of permits, the applicant shall submit the following, consistent with city requirements: i. Final grading and drainage plan. ii. A tree preservation/reforestation plan signed by a licensed landscape architect, forester or arborist. c. The accessory structures are not permitted to be used as an independent residence or dwelling unit, temporarily or permanently. d. Prior to issuance of a certificate of occupancy for the home, the existing detached garage /storage building must be converted to an accessory structure. 4. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of April, 2018. ATTEST: Sandie Thone, City Clerk -2- Scott Zerby, Mayor MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Tea2 Architects — Setback Variance and two CUPS to Construct a New Home and Detached Garage at 5550 Marsh Pointe Drive Meeting Date: April 23, 2018 Prepared by: Marie Darling Reviewed by: Patti Helgesen Review Deadline: July 10, 2018 Attachments: Correspondence Received Planning Director's Memorandum from the April 17, 2018 meetings Resolution Denying Variance Resolution Approving CUPS Policy Consideration: Should the City grant conditional use permits and a variance build a new home and detached garage at 5550 Marsh Pointe Drive? Background: See attached Planning Director's memorandums for detailed background on this item. At the April 17, 2018 meeting, the Planning Commission unanimously recommended approval of the conditional use permit to import 395 cubic yards of fill and for the accessory structures to be over 1,200 square feet, but recommended denial of the variance application on a 4/1 vote. Commissioner Eggenberger voted in opposition to the motion based on his conclusion that the applicants met the variance criteria. The commission discussed whether facing the home toward Marsh Pointe Drive constituted a self- created difficulty because the lot exceeds the width of the R -1A district and the home is new construction. Four of the commissioners ultimately concluded that the difficulty was self- created and not the minimum action necessary. The applicant was present and spoke in favor of the request. He pointed out that the home would be consistent with the neighborhood as all the lots in the area, both within the PUD and those on the corner lots at Smithtown Road and Marsh Pointe Drive, are closer to the Marsh Pointe Drive right -of- way than 50 feet. He also spoke of the difficulties designing a home with the site topography and the proximity of the school parking lot next door. Two residents requested to speak at the meeting and one letter was submitted (attached). One speaker voiced support for the home and garage as proposed. The other speaker and the letter indicated concern with the size of the garage but had no concerns with the CUP for fill or the variance. Financial or Budget Considerations: The applicant's application fees cover the cost of processing the request. Options: Approve, deny or modify the attached resolution. Approval or denial of conditional use permits or variances requires a simple majority of the Councilmembers present. 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: �Plaaning�Planning Files �Applications�2018 Cases �Siegle CUPS VAR�CAF SS0423.do Recommendation / Action Requested: Staff and the Planning Commission recommended approval of the two conditional use permits and in opposition to the variance. Next Steps and Timelines: If all the applications are approved, the applicant would revise their plans to be consistent with the conditions in the attached resolution and submit a building permit request. If any aspect of the application is denied, the applicant would be required to redesign the home and /or grading on the lot. Connection to Vision / Mission: Quality public services. 4 7Jli a 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, Mayor and City Council FROM: Marie Darling, Planning Director MEETING DATE: April 3, 2018 REQUEST: TEA2 Architects for two CUPS and a variance to allow construction of a new home and detached garage LOCATION: 5550 Marsh Pointe Drive REVIEW DEADLINE: July 10, 2018 LAND USE CLASSIFICATION: Minimum Density Residential ZONING: R -1 A FILE NUMBER: 18.04 REQUEST The applicant (on behalf of property owners Jodie and Paul Siegle) proposes to construct a new home and detached garage on the subject property. The proposal requires the following applications: • A CUP to exceed 1,200 square feet of accessory structure space to construct 2,820 square feet of Figure 1: Subject property 5550 Marsh Pointe Drive accessory buildings area • CUP to exceed 100 cubic yards of material to import 395 cubic yards of fill • variance to allow a home to be 45 feet into a side -yard abutting a public street where the ordinance requires 50 feet for a porch, steps and eave overhang. Notice of this application was published in both the City's official newspapers and mailed to all property owners within 750 feet of the property at least 10 days prior to the meeting. Page 2 BACKGROUND Context: In 2014, a previous property owner demolished the home and detached garage and the property has been left vacant since 2014. The adjacent properties to the north, west and south are all developed with single family homes. The homes to the north and northwest were developed as part of the Marsh Pointe subdivision and PUD. The properties to the east are developed with Minnewashta Elementary, the city's watertower and a large parking area. The property is unplatted. It contains mature trees and the proposal is subject to the City's tree preservation policy. A wetland exists to the north and the adjacent property contains all of the required buffer area for the wetland. The subject property must meet a 15 -foot setback from the buffer, but the setback only extends about 10 feet into the property from the north property line. Applicable Code Sections: Section 1201.03 Subd. 2 d. (4) of the zoning regulations allows the total area of all attached garages to exceed 1,200 square feet in area upon approval of a conditional use permit. Section 1201.03 Subd. 8 of the zoning regulations requires a conditional use permit to review any development that would require 100 cubic yards or more of material on any lot or parcel. The applicant has indicated that they would bring in about 400 cubic yards of material as shown on the attached plans. Section 1201.10 Subd. 5. of the zoning regulations requires all homes in the R -IA district to be setback no less than 50 feet from a side property line abutting a public street. Section 1201.03 Subd. 3 d. of the zoning regulations allows structures to be closer than the minimum front setback if the adjacent structures within the same block are closer. However, this section does not apply to the applicant's proposal because the portion of the property adjacent to Marsh Point is not a front yard, but rather a side yard abutting a public street. Other Zoning Requirements Regulation Required Proposed Conform? Lot Area (in square feet) 40,000 40,392 Yes Lot Width (in feet) 120 132 Yes Impervious Surface Coverage 33 % (max.) 32.4% Yes Height (in feet) Home 35 (max.) ±30 Yes Garage 15 (max.) 15 Yes Setbacks (in feet) Front 50 50 Yes Side Abutting Marsh Pointe Dr. 50 47* No Side 10 10 Yes Rear 50 50 Yes * Variance requested and discussed below -2- Page 3 ANALYSIS A. Accessory Structures in Excess of 1,200 square feet (CUPS Section 1201.03 Subd. 2. d. (4) of the zoning regulations provides specific conditions for granting conditional use permits for accessory space over 1200 square feet. The following is how the applicant's plans comply with the code: Dominance of the principal structure: The total area of accessory buildings (2,820 square feet) does not exceed the floor area (3,062 square feet on main level alone) above grade of the proposed home. Ten percent of lot area: The total area of accessory buildings (2,820 square feet) does not exceed 10 percent of the minimum lot size for the R -lA zoning district (.10 x 40,000 = 4,000 square feet). Consideration of other buildings, drainage, and landscaping: The proposed house and garage would minimize the appearance of the garage doors on all adjacent streets by locating the proposed detached garage parallel with the attached garage. The City Engineer has indicated that the applicant would grade the property to conform to the existing drainage pattern in the area. The applicant has indicated that they will landscape the property to frame the view of the house and garage and reinforce the lush neighborhood setting. They propose to remove three significant trees and would replace them with six new trees as required by the tree policy. Staff finds they may need to remove a few more significant trees depending on their final design and grading plan. If that is the case, the applicant would be required to plant additional trees to replace the significant trees lost. The final landscaping and grading details are required to be submitted with a building permit application. Similar and consistent design: The home and garage would be sided with the same materials and colors. The roof line of the garage would be less steep than that of the home in order to adhere to the maximum height allowed for accessory buildings, but staff finds that the appearance of both buildings would be similar and consistent. However, that standard is open to interpretation. B. Fill in Excess of 100 cubic yards (CUP). In their request letter, the applicant proposes to add approximately 395 cubic yards of fill to the site. Ten cubic yards is about one standard dump truck load, as a result, the proposed amount would equate to approximately 40 truckloads of dirt. The property is 18 feet lower on the north side than on the south side (near Smithtown Road). The applicant has oriented the home so that the garages are located toward the south (highest point on the lot) and a walkout basement and pool toward the north (lowest side of the lot). -3- Page 4 The applicant proposes to place the fill to level the construction pad for the home which allows construction of a main level courtyard on the east side of their home and also provides a gentler slope on the west side of the home between the driveway to the home's main entrance. The applicant also proposes a retaining wall (up to about 2.5 feet in height) to reduce the slopes on that side of the home. Issues related to a grading request are typically engineering related (erosion control, dust, truck traffic, etc.). The city engineer has reviewed the plans and has provided comments as shown in the attached memo. As previously stated, the applicant's proposal maintains the existing drainage pattern for the area. The applicant also shows a rain garden and underground vault system to contain and reduce the rate and volume of run -off, which is conceptually consistent with city requirements. Plans submitted with the building permit are required to include drainage calculations. Additionally, plans submitted with a building permit must have a construction - related traffic and parking plan to address the impact of construction workers on the neighborhood, a street sweeping contract, and any required permits from the watershed district. At a minimum, and as a condition of approval, staff recommend that all trucks hauling dirt and any large deliveries of construction materials access the site using the driveway on Smithtown Road to reduce the impact on the adjacent homes and on Marsh Pointe Drive. Also, the driveway to Smithtown Road must be removed prior to occupancy of the home on the lot. Staff also finds that because the property is not platted, standard drainage and utility easements around the periphery of the property have not been previously granted, nor has the right -of -way easement over the south 33 feet of the property (containing the street, boulevard area and utilities) ever been formally dedicated. Staff would recommend that these easements be acquired at this time. C. Variance to Front Yard Setback. The zoning regulations allow for variances upon showing that practical difficulties exist and that the request is consistent with the intent of the regulations. Section 1201.05 Subd. 2. b. of the Shorewood Zoning Code sets forth criteria for the consideration of variance requests. Staff reviewed the request according to these criteria, as follows: • Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the property for residential purposes and proposes no uses on the site that would be inconsistent with either the intent of the residential land use classification or the district's allowed uses. • Practical difficulties: Practical difficulties include three factors, all three of which must be met. o Reasonable: A home with a front porch is a reasonable use of the property. Staff note the term "reasonable" is open to interpretation. The applicants are proposing to construct the maximum width house possible on the lot and propose the maximum amount of impervious surface allowed. 10 Page 5 o Self- Created: The applicant has oriented the home toward the west side of the lot facing the local street, the same as the homes to the north. This places the depth of the home at the narrowest side of the lot. This is a self - created situation. The lot is neither undersized nor narrower than required by the zoning district. The setbacks from east to west are total of 60 feet leaving 70 feet for construction of a home, which adequate for most home designs. o Essential Character: The area is a neighborhood containing homes that were all constructed closer than 50 feet to the property lines along Marsh Pointe Drive. The home across the street (26640 Smithtown Road) was constructed in 1965 and is about 24 feet from the property line. The properties to the north and northwest along Marsh Pointe Drive were approved with reduced setbacks as part of a PUD called "Marsh Pointe ". In exchange for reduced setbacks, the homes were constructed with greater wetland buffers for some of the wetlands in the subdivision. Two homes along Marsh Pointe Drive nearby (5570 and 5575) are constructed at 35.5 feet from the front property line along Marsh Point Drive. • Economic Considerations: The applicant has not proposed the variance based on economic considerations but to construct a porch to create a specific style for the home. is Figure 3: 5570 and 5575 Marsh Pointe Drive • Impact on Area: The property owners are not proposing anything that would impair an adequate supply of light and air to an adjacent property, increase the risk of fire or endanger public safety, or increase the impact on adjacent streets (after construction). Staff does recommend that the driveway and apron on Smithtown Road be removed and the area restored with turf prior to occupancy of the home. • Impact to public welfare and other improvements. The applicants' proposal is unlikely to impact or impair adjacent property values or the public welfare. However, staff would recommend that any approval of a variance include a condition that the applicants submit final drainage calculations to ensure the project complies with the city's storm water regulations. Staff finds that a condition to this effect would mean the project would not be injurious to other land or improvements to other downstream properties and the project would be unlikely to impact or impair the public welfare. • Minimum to Alleviate Difficulty. Staff reviewed the application by studying the impact to the traveling public and those properties to the north and west. Facing the home to Marsh Pointe Drive is in the interest of the neighborhood, but conclude the applicant has not shown practical difficulty and as a result, the variance is not the minimum action necessary to relieve the difficulty. -5- Page 6 If the commission finds a practical difficulty, then the variance request could be considered the minimum action to alleviate the difficulty. RECOMMENDATION Conditional use permits are reviewed according to standards listed in Section 1201.04 Subd 1. d. 1. of the zoning regulations and those specifically listed elsewhere in the zoning ordinance. Staff reviewed the criteria and find that the request for both conditional use permits meet the criteria. Specifically, that the requests are compatible with other uses in the area and would not tend to depreciate the area. Variances are reviewed according to the standards listed in 1201.05 Subd. 2. b.. Staff note that the applicants have met some of the variance standards better than others and do not believe the applicant has shown a practical difficulty. However, staff acknowledge that the standards are open to interpretation and the Planning Commission could reasonably find otherwise. Should the application be recommended for approval, staff recommends that the following conditions be included into any approving resolution forwarded to the City Council: 1. Prior to issuance of a building permit, the applicant shall submit of the following, consistent with city regulations, policies and guidelines: • Final drainage calculations • A grading plan signed by an AELSGID professional licensed by the State of Minnesota, which also include the top and bottom of the retaining wall between Marsh Pointe Drive and the house • A tree preservation/landscaping plan signed by an arborist, landscape architect or forester. • Executed and recordable right -of -way and drainage and utility easements 2. All trucks hauling dirt and any large deliveries of construction materials shall access the site using the driveway on Smithtown Road to reduce the impact on the adjacent homes and on Marsh Pointe Drive. 3. Prior to issuance of a certificate of occupancy, remove the driveway apron and restore the area to turf. Should the Planning Commission recommend approval of the conditional use permits but not the variance, staff would recommend adding another condition to the application: Prior to issuance of a building permit, revise the plans to remove the porch, step and overhang encroachment out of the 50 -foot setback from the property line along Marsh Pointe Drive. ATTACHMENTS: Location Map Engineer's memo Applicants Narrative and Plans I on �� A. s s "Pi [] JCD S s s s s s s s m s A. s S S s s s y I l l l y s S S S S r� ar `r e s s s s � Rd L Subject Property U) Y � S i S d9a Val OO it Val I s ? S La 00 .00 1,200 5550 Marsh Pointe Drive, Shorewood, MN TEA2 Architects representing Jodie & Paul Siegle, Owners Conditional Use Permit Application for Accessory buildings greater than 1200 s.f.: 1201.03 GENERAL PROVISIONS., Subd. 2., d. Accessory buildings, uses and equipment: (4) For the proposed Single Family house, the proposed Accessory building does not exceed three in number. While the proposed Accessory building is greater than 1200 s.f., the items below address the requirements for a C.U.P.: (a) The total area of accessory buildings (Attached Garage 976 s.f, Detached Garage 1844 s.f. _ 2820 s.f. Total) does not exceed the floor area of all stories above grade of the principal structure (3062 s.f. for house Main Level alone). (b.) The total area of accessory buildings does not exceed 10% of the minimum lot area for the R1A zoning district in which the property is located. For district R1A, minimum lot size is 40,000 s.f., therefore total area allowed is 4000 s.f. (2820 total s.f. proposed). (c.) The proposed Accessory building (garage) is to be located in close proximity to the proposed house. The gabled form and materials of the proposed garage will echo those of the house so that the garage and house will be seen as a united pair. Landscaping around the Garage will frame the view of the house and garage and reinforce the lush neighborhood setting. (d.) The architectural character of proposed accessory building is similar and consistent with the proposed house, as well as the other houses in the area. Both the proposed new house and proposed garage will use stained cedar wall shingles, divided lite windows and gabled roofs, similar to other homes in the neighborhood. The Owners' intent is to construct a high quality, beautiful home and garage which are finished with classic, character -rich materials — all of which will enhance the existing pleasant residential neighborhood. Traffic will not be effected by the location of the proposed Accessory building. The driveway accessing the proposed garage will be located —125' from the Smithtown Road corner —well clear of any conflicts with passing cars or bicycles. RECEIVED FEB 212018 CITY OF SHOREWOOD 5550 Marsh Pointe Drive, Shorewood, MN TEA2 Architects representing Jodie & Paul Siegle, Owners Conditional Use Permit Application for Depositing more than 100 cubic yards of fill: 1201.03 GENERAL PROVISIONS., Subd. 8. Land reclamation. a. We are proposing to add fill primarily in two areas — in the front yard (west side) as a graded transition to the front door, and on the east side as fill for a Main Level courtyard -- a feature that will not be visible to the public as it is screened by trees on the school parking lot side of this property. The total fill requested is 395 cubic yards. The topography at 5550 Marsh Pointe Drive slopes 18' south to north. Given the required 50' setbacks required from the property lines on Smithtown Road and Marsh Pointe Drive, the resulting land available for development is effected by this slope. The preference of the Siegle's is for their house to be part of the neighborhood — entering into the house Main Level at approximately the same elevation as other houses along Smithtown Road, and not to have the house Main Level lower in elevation ('built into the hillside'). We have done extensive studies to locate the proposed house in plan and elevation at the optimum location — balancing the best location relative to the neighborhood, with prudent stormwater management given this sloping site. If we 'push the house down' (so that the Main Level is significantly below 970'), we also have found that any useful Basement would not be able to 'walk -out' the north side, and (more importantly) may encounter the water table from the wetland to the north during flood events. Given our proposed Main Level elevation, in order to reach the west side front door from the street, we need to have enough fill added to make for a natural looking topographic transition from the Marsh Pointe Drive curb. In addition, the proposed courtyard on the east side of the house would require additional fill. As mentioned above, this courtyard will be hidden from public view as it is screened by trees and is on the side of the site next to a school parking lot. All drainage from this courtyard area will be engineered by our civil engineer to drain responsibly away from the neighboring property to the east. b. A finished grading plan is attached which shows that the proposed additional fill will not adversely affect adjacent properties. The type of fill to be used will be verified with all authorities and we will follow the specification in the code for: a program for rodent control, plan for fire control, general maintenance of the site, controls of vehicular ingress and egress and for control of material disbursed from wind or hauling of material to or from the site. =RECEIVED 5550 Marsh Pointe Drive, Shorewood, MN TEA2 Architects representing Jodie & Paul Siegle, Owners VARIANCE Request — Change Front Yard Setback on Marsh Pointe Drive from 50' to 45' Planning for this proposed residence has used the 50' front yard setbacks — front, corner side - yard, and rear -yard -- as specified for the R1A district. The entirety of our house and garage has been planned to fall within all of these required setbacks. We are asking only for the variance to address the front porch, where our planning extends 31" beyond the 50' setback line (75 s.f. of the porch is over the 50' setback line). We are requesting a 5' front yard setback reduction to 45' which would address the porch, steps and eave overhead. We had previously asked the City of Shorewood to rule on whether this property could be allowed to have reduced front yard setbacks, citing 1201.03, Subd. 3, d. " Where adjacent residential structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures ". Marie Darling, Planning Director, ruled that our property has no "adjacent structures ", noting that the property to the north is part of a Planned Unit Development, and therefore not a comparable property. We would like to note that the north - adjoined P.U.D. property has 35' setbacks (see attached diagram). Attached you will also find an aerial photo 'diagram' showing that all of the corner properties in this area do have closer a front yard setback than the 50' setback that is required for our property development. Our property is unique — it is a large lot that exists on a corner, its only adjoining neighbors being a school and a P.U.D. to the north, across a small wetland. It is a property that is a 'missing tooth' in the neighborhood which could easily have been developed as a use other than as a single family home. The goal of the Siegle's has always been to build a house on this property that fit into the fabric of this neighborhood, adding a finely crafted gabled house to fit in with the rest of the neighboring houses. Since all of the rest of the area houses are at least 5' closer to the street than our proposed house and garage, we feel that our request for a 5' reduction to the front yard setback for our front porch is reasonable, and reinforces the City's Comprehensive Plan to promote neighborhoods, and the fabric of the community. REC -EIVED FEB 212818 CITY OF SHOREWOOD D rn II 0 0 _n O fTi TI co C/) 2 N O -3 x N m o O� O 0 I° 0 0 cn CD -v Q Q 9 Q Q_ Vf A Q �a Q frQ m � N � 0 0 0 � X00 m o n L, 2 o m Zcn�l p m m nWZ MDo 0 Z 2 -1 -1 >00 am ADD N r r T >O DAD n(„� morn C)DO C) rnia �O W m N NDfc� � N � o V W O o� D O p 0 Z 0 i D 2 D C) D m C) D n c 0 Z 3 x+ 9 O Z ' y m. 0 n m SMITHTOWN ROAD Vi I WZy DDS �ZL, vG), >;I CI DN i i I NA Nrn ..' oL rn �° a oA N 0 a 0 :Ko ZZ n m = o— m rn f"1 —I O , InAM PI Oz CFO ogz 0 �yl 0o L I ............ . . ... . --- - - - - - - - - - - - - ......... 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Rud and Sons, Inc. on 8/11/17. - Bearings shown are on Hennepin County Coordinate System. - The right -of -way width shown for Smithtown Road is per the Hennepin County Half Section Map. - Total parcel area = 1.00 acre. 955.. 5 / n n n .r i i i.........r ...� i j :': BENCHMARK 1 r \ 1 / \ / \ I / /� ••.........•. 955': 8'. r< 1 K ••....x950.81 BENCHMARK: _ r •• '•.. : : :: L<. I_\ J \ l I \ 1 MNDOT CONTROL POINT "1004 L" 8SS56 c r 950 x950.50....... ...: •" 950. 51 .................. :.......... GSID STA. #94227 `9 $55,5 69x.......<..: r...... x951.30' • .................. ...... , ............................ ELEV= 967.971 (NAVD 88) 6 :- FN1D•-1 /2°"' ........... (EAST..B. -RODS -DESCC:) . ................... : :FND 1P .................. OPEN.... Br�� ©�. ��..!!�i� ......... .. a7. `l. LS �{253�F1 : .............3 x956.06 x955.31 - a .......... x 95 9 ..." m d lb..,• G BOUNDARY NOTE X956 9 i.. 954 ..........:.�•' I 0� ��' QJ Jv k x956:72..... - �5 ..957 -. qs I Q Q R 6 56 0 OX \0 s ASH 6 BOX �f2 Gi ` g r�Q�'.•''cQ �JGF The property description provides no basis 0 �gQ:• P P Y P P BO 1 �••••••..6... for bearings. The adjacent plot of MARSH ASH"5 -• ASH 6 ° r SPRUCE POINTE, describes the common lines of the q Ok 7 ASH 12 I 6"' So So Q ° . "y BO S 2 ASH i9rJ P• .....••` 5 : • c� 6h 1 1 surveyed premises as being parallel to the 1 e� °• S qS P • •LO `a 6`' ��O west and south lines of the Southwest `��' 509s�' "' s y1p•• "•....- I �CF Fs 0 0 961.67 Quarter of the Northwest Quarter of Section I q• S s• 95a 961.31 32. For this survey, we used the same H.6,�y� ASH 6 ASH .6 95� WAL) l�F, �C� ....... principle as said MARSH POINTE. 959 �O 958: 7.. ?... SP •.cE • _ 1.83 .� ••. AS. ....................... .....•Spit m ASH •8. .... -• 961.74 x961.99 �qsb..• qsH 8.959........ <r_ > �:. s... .....960 9 s r ... ....._...{ > ... . NOTES 11 PR W •EAD �i" SPRU 6 so ... ... _ ..... . s�....... • GASH 8 DEAD ...961 ...... 962•....... °........ 5 U 6 961•..... w ... - L \ 4111 . Field survey as completed b E.G. m Y P Y m SASH s, j .............. ..,....`..i`..................c -v °o - •SPftu 6.......,96 Rud and Sons, Inc. on 08/11/17. *BOX 12 ............... �BOx.1.2 .. \ � `.... { ... Bearings shown are on an assumed " " 6963 \ �•..•N 'sPRU s datum. Q'00 ... \_N1 7....•• x963.26 964 ... m \i sUpE s4 I 963.72 r•- Curb shots are taken at the top and 6�ea 9 ° -'"° : ::: g .... 9 3. 5 _ S UCE 6� °: x964.,,6 back of curb. w 6 rn 65 ^ 3 •• g 966 �•� x963 7 N I 67.. .. � ...................... 4UCF : i` SP CE 6 g This survey was prepared without the ~ x X4'90 P ............. Y P P 964....., �.... SPRU CE O '. benefit of title work. Additional :: .. CEj s- o r2g 66:62•.......... L.... /'�.�.� ..... 96a...SPCE :"7 -�SP CE .. . easements, restrictions and/or encumbrances may exist other than those 965 m ....969 "..... .�, SP CE shown hereon. Survey subject to revision r,_Z' 1�-... •... m :. upon receipt of a current title e 0 .. • Jc� �......0 ................. SP4CE _ commitment or an attorney's title opinion. 9594 ........... �S' CE fl96 E BbX 6 .• .. / I OCE 14 `... 6. ** For the purposes of this survey the = .4 / •..........., sP sP UeE'•14 Easterly line is determined to be a 967. s ASH '8 ti }� 1� m ` ' "" • 971•... side setback. x 69..87 SR Urc 14 67.85 cy- I 'rl x967.8/` 966.89 BOX I.G.- •....' -..... \ SpF#LICE IRON 8 L•I 96 969 1 912 ................... ,s I\' E72 `: 8. WALNUT 14 m� • 8 ° ti 3 #WALNUT R m uCE *P CE'89 m 0 9. UJ Zi 70.13 �j0 0 6 Sp :� S4 CE 6 6 � 3 0 -50 - -- BLDSB -- - 0 o N � 1.25 :�SPRUC 8 x969.46 u' o ^ x970 8 . n I SOX •0 U g 9) ! EDAR 12 2X 70.48 0...: . N j 9 1. 2' •.• .......................... Sp CEDAR 1 .45 ...... .• x970 50 i Rice 9��... �o$� '41 \J 9 m FND IP I S°QG 76 �0 9 • --ROCK 1 1m 7 XI: �LS #19840 CE r ;ENTRANCE ; °`� .CEDAR -ID- 71.62 6 }rr -T g= -� SPRUCE / _ +191, 9'' SMITHTOWN ROAD PER- CS i /\� \�� :FNb IP 1 ° COUNTY MAPPING • Cb ° :LS #41578 / -SW CORNER OF SE1 /4 -NW11/4 r7 OIIN! "' 9, rn I L�II V.; ::: AlHA9 OI1;4 -..TM7 i SEC.32 -T117N -R23W co �',•. \ 972.2 71.83 1 : OIIW I (29 RODS DESC.) 7. •.05 •• �.. ` 972 o 972.36 J72.82 _ N89'00'1 YE 478.50 I ,S89.00'f3 "#r 132.00 0 -SOUTH LINE OF SE1 /4- NW1 /4,n: x972.56 < 91ry� 7<--l-7 g -< x973:00 SEC.32- T117N- R23W ° ` (WEST 8�2ODS DESC. SMIT�ITOWN ROAD `lNV E =958.9 [] J 72.65 12 °INV 5= 968.5' I �2 �2 • __% X52 sjS - - Ss l�C EiV E� 6' PROPERTY DESCRIPTION MAR 12 2018 LEGEND (Description per Title Commitment prepared by Old Republic National CITY OF SHOREWOOD Title Insurance Company, File No. 13C3709REO prepared on 11- 19 -13.) DENOTES IRON MONUMENT FOUND AS LABELED That part of the Southeast Quarter of the Northwest Quarter of Section 32, © DENOTES MISCELLANEOUS MANHOLE Township 117 North, Range 23 West of the 5th Principal Meridian, described OS DENOTES SANITARY SEWER MANHOLE as follows: Beginning at a point in the South line of Southeast Quarter of the Northwest Quarter of Section 32, 29 rods East of the Southwest corner D4 DENOTES WATER VALVE of the Southeast Quarter of the Northwest Quarter of said Section 32, • ................. •••••......•. DENOTES RETAINING WALL thence North a distance of 20 rods, thence East a distance of 8 rods; ........................... thence South a distance of 20 rods to the South line of said Southeast DENOTES EXISTING CONTOURS Quarter of Northwest Quarter; thence West a distance of 8 rods to point of OHw DENOTES OVERHEAD WIRE beginning. Hennepin County, MN. E .........D.ENOTF.S OVERHEAD WIRE DENOTES POWER POLE > DENOTES SANITARY SEWER 11 DENOTES CATCH BASIN Location: CITY OF SHOREWOOD [ :S DENOTES CURB STOP __] DENOTES BITUMINOUS SURFACE e DENOTES MAILBOX Scale I"= 40' Drawn By: SNN Project Manager: KRA ,lob No.: 17624BT o Denotes Iron Set 1 • Denotes Iron Found Bearings shown are on an assumed datum. l hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that l am a duly Registered Land Surveyor under the laws IVA F. G, 8110 P. SIONSIP INC. of the State of Mi nesota. Dated this 22nd day of August 2017 Professional Land Surveyors www.egrud.com 990 5th Avenue SE, Suite 2 License No. 45356 Hutchinson, MN 55350 Tel. 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J � / x9/2. , r 970.92 1 �� 971.83 n - -- Cl- _ 97 .05 0 - __ - -'� 972.36 x 972.70 972.78 0O -- - _ _SMITHTOWN.- ROA_D_ q���b 9 6 -� ---=- �9J289 - - - - -- Not for Construction D ii 0 0 -o 0 a cn z rri m N � a = z RECEIVED MAR 1 9 ?n!R CITY OF SHOREWOOD RECEIVED MAR 12 2018 CITY OF Milli= No ``-rte 1.L,is��,Riw Illlullill o C go ro l� Lower o Flor Plan �� scue:'�» =,• -o• o,rloo., ,rand First Floor Plan � sutP� dS; = r -o• a Irloo. � Irs,�d S TEA2 ARCHITECTS 24 W's 143nd SI r.5�.` p'hs, rn�eS'10 e�zyz.==n ,— 132,1- O V L N r- 0 V - --'-- ----- ----- L r - --- -- i G L.I.. I I 4— I I G Z PrgM Nome Siegle Residence I I l 5550 Marsh Pointe Drive ' I Shorewood, MN sr<ei nk I, ------- Floor - - - - -- I Plans I -- I — I L—=- -- ---- - - - - -J Isc�a Mee zalaa,a a[ - '- '6V4, ED — FE.B CITY OF. SNOREWOOD I1' IX Sheer N—b, Setond Floor Plan A 1.1 • I �PYnghl T Archaean 6B-1- Exterior Elevation- North SCALE: %. — 1. 0. d—floo BeteBo 2T-4- Exterior Elevation - West Garage Floor Plan SCALE: 1'.0'e e100- 9oroga M A R 1 iZO 18 27M St M4 :11. ,,S,, 55410 612.924.2E ­11,z,a2,111'(­, o,, r_ 0 4— ;A 0 %J 0 4— 0 z P.J.d N- Siegle Residence 5560 Marsh Pointe Drive Garage Elevations g-A2.0 C,pyHghl TEA2 Arrfit a min Lim 2T-4- Exterior Elevation - West Garage Floor Plan SCALE: 1'.0'e e100- 9oroga M A R 1 iZO 18 27M St M4 :11. ,,S,, 55410 612.924.2E ­11,z,a2,111'(­, o,, r_ 0 4— ;A 0 %J 0 4— 0 z P.J.d N- Siegle Residence 5560 Marsh Pointe Drive Garage Elevations g-A2.0 C,pyHghl TEA2 Arrfit a FACE OF MALL SAVE EDGE — — — — — — — — — — — — — — — — — — — — — — — — — — I 8:12 812 COPPER RIDGE CAP- 0:12 8:12 8: 12 — — — — — — — — ___J EAVE EDGE FACE OF Z—� Garage Roof Plan SCALE: '/," - V-0- L ) SCALE: '/,' = 1' -0' ME= —N W, I 2724 V""t 4 , fd St �,Li, MN 5S410 612 929,Mco I--, L-j *z 4- H • L- 0 0 Z P.',e N.— Siegle Residence 5550 Marsh Pointe Dd- Sh.--d, 'AN Garage Plans 1--s C,—M 4G 2/M018 VAMCfAFFUC. 3112/=8 Sheet Number • WSB 701 Xenia Avenue South I Suite 300 1 Minneapolis, MN 55416 1 (763) 541 -4800 Memorandum To: Patti From: Alyson Fauske, PE, City Engineer Date: March 19, 2018 Re: Planning Case No. 18 -04, 5550 Marsh Pointe Drive Based on the plans submitted by TEA2 Architects dated 2/21/18 and received 2/21/18 1 offer the following comments and recommendations: 1. The plan indicates that the grades will be adjusted up to three feet from the existing condition across the site. The high side of the property is along Smithtown Road and drops approximately 18 feet to the north towards a wetland. The proposed grading maintains the existing drainage pattern. 2. The grading plan must be signed by a professional licensed by the Minnesota Board of AELSGID. 3. Drainage calculations for the proposed surface water management improvements must be submitted to the City Engineer for review and approval. 4. Note the top and bottom of wall elevations for the retaining wall between Marsh Pointe Drive and the house. Building a legacy — your legacy. Equal Opportunity Employer I wsbeng.com C:\ Users \phelgesen\AppDalaLLocal\Miemsoft\windows \Temporary Internet Files \Content.Oullook\2LSYMYLK\CUP 5550 Marsh Pointe 2018_03_16.docx City of Shorewood c/o Planning Department 5755 Country Club Road Shorewood, MN 55331 RE: 5550 Marsh Pointe Drive Dear Planning Commission: April 17, 2018 APR I � 2018 We are unable to attend tonight's hearing related to the property at 5550 Marsh Pointe Drive. We wanted, first, to welcome the Siegles to the neighborhood, and second, we'd like to offer the following comments specifically relating to the requested Conditional Use Permit for a detached garage: ■ The quality of the home and garage planned appear to be exceptional and consistent with our neighborhood. ■ The architectural character and look of the proposed accessory building are also favorable and consistent with the home. ■ In the application, the property owners agree to landscape to reinforce the "lush neighborhood setting," which we very much appreciate. ■ After discussing with the Marsh Pointe Homeowners Association board and other neighbors, our concerns are: o the size of the garage is quite large. A CUP is required for anything over 1200 square feet, so the proposed garage is 2.35 times that number of square feet. This garage will be prominent at one of the entrances of the Marsh Pointe Drive development. This property became part of the Marsh Pointe development due to an address change from that of Smithtown Road but is not formally a part of the homeowners' association. o no other accessory buildings of this size exist in the nearby area, and in fact very few detached garages exist at all. Those that do exist are on older properties. The MPHA generally does not allow detached garages. We would suggest considering what approving this CUP would mean in terms of setting a precedent for future requests (including where's the line of what's too big) and (ii) whether this is appropriate since it would not be similar and consistent with other houses in the area and in the Marsh Pointe neighborhood. Perhaps a smaller garage or a different placement might be considered. As stated above, however, whatever the decision is, we do appreciate that the plans are to match the garage with the house so it would be aesthetically pleasing as one drives into the neighborhood from the east entrance. ■ We don't see any objections to the CUP for the fill nor to the front yard setback variance. Thanks for considering our feedback. Sincerely, Rob and Beth Reiskytl 5730 Marsh Pointe Drive 952 - 470 -9241 CITY OF SHOREWOOD RESOLUTION NO. 18 -040 A RESOLUTION GRANTING TWO CONDITIONAL USE PERMITS TO ALLOW CONSTRUCTION OF A HOME AND DETACHED GARAGE FOR TEA2 ARCHITECTS FOR PROPERTY LOCATED AT 5550 MARSH POINTE DRIVE WHEREAS, Tea2 Architects (Applicant), on behalf of property owners Paul and Jodie Siegel, has applied for two conditional use permits to construct a home and detached garage on property located at 5550 Marsh Pointe Drive, in the City of Shorewood, legally described as: That part of the southeast quarter of the northwest quarter of Section 32, Township 117 north, Range 23 west of the 5th Principal Meridian, described as follows: Beginning at a point in the south line of southeast quarter of the northwest quarter of Section 32, 29 rods east of the southwest corner of the southeast quarter of the northwest quarter of said Section 32, thence north a distance of 20 rods, thence east a distance of 8 rods; thence south a distance of 20 rods to the south line of said southeast quarter of northwest quarter; thence west a distance of 8 rods to point of beginning. Hennepin County, MN. And, WHEREAS, the applicant has proposed conditional use permits to: 1) import 395 cubic yards of material where 100 cubic yards is permitted without a conditional use permit and 2) construct 2,820 square feet of accessory space where 1,200 square feet is permitted without a conditional use permit; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on April 17, 2018, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on April 23, 2018, at which time the Planning Director's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the City Council from the Applicant and from the City staff, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property is located in an R -lA, Single - Family Residential zoning district, which allows accessory buildings to exceed 1,200 square feet subject to the approval of a conditional use permit. 2. All properties in the City of Shorewood are permitted to import fill on a property over 100 cubic yards subject to the approval of a conditional use permit. 3. The applicant's proposal is identified on plans submitted to the City on February 21 and March 12, 2018. CONCLUSIONS The Applicant's plans have satisfied the criteria for the grant of conditional use permits to construct additional accessory space under the Shorewood City Code and to import greater than 100 cubic yards of fill. 2. The Applicant's plans indicate the new home and improvements proposed would be compatible with the neighborhood and would not tend to depreciate the area. 3. Based upon the foregoing, the City Council hereby grants to the Applicant conditional use permits to construct a total of 2,820 square feet of accessory space and 395 cubic yards of dirt, based on the plans submitted February 21 and March 12, 2018, subject to the following: Prior to issuance of a building permit, the applicant shall submit the following, consistent with city regulations, policies and guidelines: o Final drainage calculations o A grading plan signed by an AELASGID professional licensed by the State of Minnesota, which also include the top and bottom of the retaining wall between Marsh Pointe Drive and the house o A tree preservation/landscaping plan signed by an arborist, landscape architect or forester. o Executed and recordable right -of -way and drainage and utility easements o Revised plans that remove the porch and overhang encroachment out of the 50 -foot setback from the property line along Marsh Pointe Drive b. All trucks hauling dirt and any large deliveries of construction materials shall access the site using the driveway on Smithtown Road to reduce the impact on the adjacent homes and on Marsh Pointe Drive. c. Prior to issuance of a certificate of occupancy, remove the driveway apron and restore the area to turf. 4. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of April, 2018. ATTEST: Sandie Thone, City Clerk 2 Scott Zerby, Mayor CITY OF SHOREWOOD RESOLUTION NO. 18 -045 A RESOLUTION DENYING A VARIANCE FOR SETBACK FROM A SIDE LOT LINE ABUTTING MARSH POINTE DRIVE FOR PROPERTY LOCATED AT 5550 MARSH POINTE DRIVE IN THE R -IA ZONING DISTRICT WHEREAS, Tea2 Architects (Applicant), on behalf of property owners Jodie and Paul Siegle, has applied for a variance to allow a home to be constructed 45 feet from the property line along Marsh Pointe Drive where 50 feet is required for property located in the R -IA zoning district at 5550 Marsh Pointe Drive (Subject Property) in the City of Shorewood and legally described as: That part of the southeast quarter of the northwest quarter of Section 32, Township 117 north, Range 23 west of the 51 Principal Meridian, described as follows: Beginning at a point in the south line of southeast quarter of the northwest quarter of Section 32, 29 rods east of the southwest corner of the southeast quarter of the northwest quarter of said Section 32, thence north a distance of 20 rods, thence east a distance of 8 rods; thence south a distance of 20 rods to the south line of said southeast quarter of northwest quarter; thence west a distance of 8 rods to point of beginning. Hennepin County, MN. And, WHEREAS, Applicant's request was reviewed by staff and their recommendations were duly set forth in memoranda to the Planning Commission, Mayor and City Council, dated April 3, 2018, on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on April 17, 2018, the minutes of which meeting are on file at City Hall, and recommended denial of the application; and WHEREAS, Applicant's request for a variance was considered by the City Council at its regular meeting on April 23, 2018, at which time the staff's memoranda and the minutes of the Planning Commission meeting were reviewed and comments were heard by the Council from the City staff NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood finds as follows: FINDINGS OF FACT The Subject Property is located in the R -IA (Single Family) zoning district. 2. The Subject Property contains approximately 40,392 square feet (.93 acres) of land area and is 132 feet wide measured at the front setback from Smithtown Road. 3. Section 1201.05 of the zoning regulations provides that the purpose of a variance provides a process to allow deviations from the strict provision of the zoning regulations. 4. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property not created by the landowner. 5. The applicant's proposal is identified on the application materials and plans submitted to the City on February 21 and March 12, 2018. CONCLUSIONS A. Based upon the foregoing, and the record referenced herein, the City Council hereby denies the Applicant's request to construct a home 45 feet from the property line abutting the Marsh Pointe Drive right -of -way where the ordinance requires 50 feet. B. The request for the variance is a result of a self - created hardship in that the lot is wider than the minimum required lot width and conforms to the total required minimum lot area. C. The City of Shorewood finds that new construction should be designed to meet the minimum requirements. D. The request for a porch and overhang does not meet the criteria for practical difficulties and consequently does not constitute the minimum action necessary to relieve a practical difficulty. E. The Applicant has reasonable use of the Subject Property without the proposed variance. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of April, 2018. ATTEST: Sandie Thone, City Clerk -2- Scott Zerby, Mayor v #8A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Professional Services Agreement for Grant Street Drainage; Authorize Preparation of Feasibility Report, WSB and Associates, Inc. Meeting Date: April 23, 2018 Prepared by: Larry Brown, Public Works Director Attachments: Location Map, Professional Services Agreement, Resolution Policy Consideration: Should the City Council enter into a contract with WSB & Associates, Inc. to prepare a feasibility study to examine the drainage issues present in the Grant Street /Park Street area? Background: During the summer of 2017, the property located at 5925 Grant Street sustained water damage to the lower level during a rain event. The owner filed a claim against the City claiming that the damage stemmed from changes made to the storm sewer system, in conjunction with the watermain installation project along Grant Street. That claim has been settled. Attachment 1 is a site map for the area. In examination of this issue, staff also reviewed the tributary area for the major 100 year event (which falls outside of capacities of normal storm sewer) to determine if there was an emergency overflow for the area for the major storm events. As it turns out, as this area developed along with the roadway improvements back in the 1960 —1970 era. The situation of the homes being located in a "Bowl" with no outlet was created. The result is that there is no overland emergency overflow that is low enough to provide relief before homes are impacted. Therefore, staff recommends proceeding with a feasibility study, to examine a drainage system improvement and identify improvement options to protect the properties within the tributary area during design storm events. Staff has solicited a proposal from WSB and Associates, included as Attachment 2 to this report. The proposed professional services include: • Hydrologic and hydraulic analysis of the drainage area, including an outlet for the 100 - year event. • Prepare a Feasibility Study containing design option recommendations, cost estimates and permitting considerations for each option proposed. 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 Total Estimated Engineering Fee: The cost to provide the scope of services outlined in this proposal is estimated to be $10,944 for preparation of the feasibility study. Through previous discussions with staff, WSB will provide 50% of the estimated fee up to a maximum of $5,472 as in -kind service for this project, based on the settlement of the previous construction claim. Time Schedule: Based on the current project schedule, WSB & Associates, Inc. proposes to commence immediately with the preparation of the feasibility study. Options: 1. Accept the proposal, as presented and authorize the preparation of the feasibility report. 2. Reject the proposal and provide staff with alternative direction. Recommendation: Staff recommends that the Council adopt the attached resolution accepting the Professional Services Agreement for the Grant Street Drainage Feasibility Study and authorize the preparation of the feasibility report. A WS 701 Xenia Avenue South I Suite 300 1 Minneapolis, MN 55416 1 (763) 541 -4800 April 18, 2018 Mr. Larry Brown Public Works Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Grant Street Drainage Feasibility Study City of Shorewood, MN Dear Mr. Brown: Attached for your review and approval is our proposed scope of services, fee, and schedule for providing professional engineering services to complete a feasibility study to examine drainage issues present at Grant Street. The proposed scope of services includes a review of the existing conditions of the drainage area tributary to Grant and Park Streets. The goal of the feasibility study to examine a drainage system improvement at the intersection of Grant and Park Streets and identify improvement options to protect adjacent properties during design storm events. We are excited to work with you on this project. 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 - 231 -4845 with any questions. Sincerely, WSB & Associates, Inc. Bill Alms Project Manager Attachments cc: Alyson Fauske, WSB & Associates, Inc. ACCEPTED BY: City of Shorewood, MN Name Title Date ATTACHMENT 2 Building a legacy —your legacy. Equal Opportunity Employer I wsbeng.com G: \Group Data \WATER RESOURCES \Proposals \Shorewood \Grant Street \LTR PROP - Grant Street Drainage Improvments_041818.doex Scope of Engineering Services April 18, 2018 Page 1 SCOPE OF ENGINEERING SERVICES FOR GRANT STREET DRAINAGE IMPROVEMENTS DESIGN CITY OF SHOREWOOD, MN Task 1 — Project Management and Meetings Project management will be performed throughout the course of the project. The following subtasks are included as part of Project Management: 1.1 Attend project meetings with City staff to discuss existing drainage conditions, hydraulic analysis, alternatives analysis, and funding opportunities. 1.2 Meeting with property owners adjacent to the study area to share our evaluation and identify concerns they may have. This task will include developing agendas, preparing handouts and graphics, and attending meetings. Deliverables: Three (3) meetings with staff will be conducted. One (1) resident meeting to discuss existing conditions and recommended management strategy. Task 2 — Hydrologic /Hydraulic Analysis This task consists of completing a detailed hydrologic model analysis for the stormwater management system tributary to the intersection of Grant and Park Streets and a hydraulic model for the design of the storm sewer improvements, including an outlet for the 100 -year design storm event. A HydroCAD model will be developed to model the tributary drainage areas. This information will be used to analyze the existing and proposed discharge conditions into the MnDOT right -of -way. The following are the subtasks that will be included as part of the evaluation: 2.1 Collect background information including as- builts, storm sewer sizes and elevations, and other relevant information. 2.2 Collect additional survey east and south of the intersection of Grant and Park Street to the MnDOT right -of -way. 2.3 Develop drainage area map based on survey, contour data, and storm. 2.4 Develop HydroCAD model to evaluate existing conditions. Deliverables: One (1) HydroCAD model. Task 3 — Feasibility Study Memorandum This task consists of developing a feasibility study memo which will contain design option recommendations, cost estimates, and permitting considerations for each option proposed Deliverables: One (1) Feasibility Analysis / Design Recommendations Memo The cost to provide the scope of services outlined in this proposal will be billed hourly, based on our current hourly rates. We are proposing to complete Grant Street Drainage Feasibility Study at an hourly rate, estimated to be $10,944. Through previous discussions, WSB will provide 50% of the estimated fee up to a maximum of $5,472 as in -kind service for this project. G: \Group Data \WATER RESOURCES \Proposals \Shorewood \Grant Street \LTR PROP - Grant Street Drainage Imp—ments_041818.doex Scope of Engineering Services April 18, 2018 Page 3 Time Schedule The proposed schedule for this project is as follows Preliminary Design KickoffMeeting ......................................................................................... ............................... May 2018 Collect Background Information and Draft Feasibility Study .......... ............................... May -June 2018 G: \Group Data \WATER RESOURCES \Proposals \Shorewood \Grant Street \LTR PROP - Grant Street Drainage Improvments_041818.doex CITY OF SHOREWOOD RESOLUTION NO. 18 -041 A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES FOR THE GRANT STREET DRAINAGE FEASIBILITY STUDY AND AUTHORIZE PREPARATION OF THE FEASIBILITY REPORT CITY PROJECT 18 -04 WHEREAS, the City would like to investigate drainage concerns generally located at the intersection of Grant Street and Park Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood, Minnesota authorizes the execution of a Professional Services Agreement with WSB & Associates to provide professional engineering services for the Grant Street Drainage Feasibility Study, City Project 18 -04, and authorizes the preparation of the feasibility report. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of April, 2018. ATTEST: Sandie Thone, City Clerk Scott Zerby, Mayor #8B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Petition for County Road 19 Speed Awareness Display Meeting Date: April 23, 2018 Prepared by: Larry Brown, Director of Public Works Attachment: Petition, Location Map, Speed Evaluation Process Policy Consideration: Should the City Council participate in any traffic calming features on County Road 19? Background: Staff is in receipt of a request from Ms. Catherine Dougher, resident of 23890 Elder Turn, asking that the Cities of Excelsior and Shorewood act jointly, for placement of Speed Awareness Displays on County Road 19, between Minnetonka Drive and Beehlre Avenue. A location map has been included as Attachment 2. Public Works staff from the City of Shorewood and Excelsior have met to discuss the petition. It was agreed that the first step was to determine if there is a speed issue occurring on the subject section. This also falls in accordance with the City of Shorewood's "Speed Concern Evaluation Process" included to this report as Attachment 3. If the petition is accepted, and staff is directed to move forward, staff would request the assistance of the South Lake Minnetonka Police Chief in performing a radar study in May (once snow is gone and while school is still in session) to determine what the existing 85th percentile is for the roadway. From that point, staff can proceed with the established process and bring recommendation back to the City Council for your consideration. The Public Works Superintendent for the City of Excelsior has indicated that Excelsior would wait to see the results of the speed study, before proceeding. Recommendation: Staff is recommending that the petition be accepted, and if acceptable to the City Council, that staff will work with the SLMPD to have a speed study performed on County Road 19 in the month of May, 2018. Results of said study will be brought back to the City Council for your consideration. Staff will also work with the City of Excelsior on this 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 Subject: Proposal for Radar Speed Stand on Smithtown Road and County Road 19 To: Tim Amundsen, Excelsior Public Works To: Larry Brown, Shorewood Public Works From: Catherine Dougher 23890 Elder Turn Shorewood, MN 55331 Hello Tim and Larry, I am writing you related to an ongoing problem that occurs on Smithtown Road/ County Road 19 with a proposal for a solution. As a resident driver who enters Smithtown Road /County Road 19 from Minnetonka Drive going south, I frequently find drivers attempting to drive faster than the traffic sign speed limits on that stretch of road. My guess is that this road is considered a "straight -away' from the Tonka Bay Shopping Center at the light all the way to the right curve just south of the Garden Patch or Beehlre Avenue.? On nearly a monthly basis, I find drivers encroaching way too close to my back bumper as I attempt to maintain the speed limit, and twice this past year, have felt actually endangered by aggressive drivers. In an effort to not only solve my personal problem, but also my neighbors' (several have agreed with me about this speeding issue along this road), I would like to make a proposal with some background. BACKGROUND: In the past, as a regular commuter along Mill Road coming out of Excelsior going south toward Chanhassen as it merges into Powers Boulevard (also a major thoroughfare), I noticed a similar problem occurring on that road until a radar speed stand was placed by Shorewood City about a year and a half ago. It made a significant difference and successfully changed the "politeness" of drivers maintaining the speed limit going in both directions. In an effort to understand who was responsible for establishing this radar speed stand, I check with the Hennepin division of county roads and they explained that these radar speed stands come under the responsibility and funding of the city in which the road traverses. I am not sure whether this stretch of road between Minnetonka Drive and Beehlre Avenue lies formally in Excelsior or Shorewood as our lines of city boundaries are quite "ornate" and convoluted. ATTACHMENT 1 PETITION I also checked in with both the Shorewood and Excelsior police departments to see if they could increase their monitoring of that stretch of road, and they informed me that they were already monitoring when they can, and took my most recent endangerment report about a month ago. PROPOSAL: I would ask that both the Excelsior and Shorewood Public Works Departments work together to see if a new Radar Speed Stand could be arranged for that stretch of Smithtown Road /County Road 19 between Minnetonka Drive and Beehlre Avenue. I would be most willing to head up a citizens group and signed petition to appeal to the City Councils of Excelsior and Shorewood for the funding and approval of this project, and would also be willing to make a partial, private donation, as well as conduct a fund - raiser. Please let me know the progress of this proposal and what other processes are necessary to actively support this project with the Excelsior and Shorewood City Councils. If you need this letter sent by mail with my signature, let me know. Respectfully yours, Catherine Dougher 23890 Elder Turn Shorewood, MN 55331 Jr II .6rfll #htawrf J �; I I I , R-Lt C- t, r V tilt, r. Fs rn i L11 EOW tl I Fc -7— • • ■ AREA OF CONCERN C.R. 19 t. V u c t r 6P AV F P* 10 46_ s Ll. 9110 16 6 Ma� Lake k 44 -A m fc)p 11 11 EL t J7 'T t P , rk S A Ned rk. 200 4-00ft 0291 E; Hanneprk 0mity —.411 RIUMS. ReSe e ATTACHMENT 2 WSB & A.,.,o< nu'. Technical Memorandum To: Larry Brown City of Shorewood Director of Public Works From: Chuck Rickart, PE, PTOE Chad Ellos, PE Date: May 2013 Subject: Speed Concern Evaluation Process (Council Approved 05/28/2013) Copy: Paul Hornby, PE File: WSB No. 01459 -620 The purpose of this memorandum is to provide a process to evaluate citizen requests related to speed concerns on City roadways. The primary goal is to have set guidelines and procedures in place to address these concerns. The City of Shorewood believes it is important to process requests in a timely manner. Therefore, the City's program has been streamlined to effectively and efficiently utilize the City's resources'. 1. SPEED CONCERN RECEIVED The first step in initiating the process is a speed concern received by City staff from a citizen. City staff's current practice is to deal with the request on a direct basis and to respond to the citizen within a short time period. With all speed concerns, the Police department will be notified by City staff and asked to provide additional speed enforcement. 2. ROADWAY ELIGIBILITY In order for a roadway to be eligible for traffic calming, it needs to meet the following criteria. • Classified as a local or collector • Length greater than 1,000 feet • Traffic volumes greater than 1,500 vehicles per day • Posted speed of 30 mph or less • Cannot be a cul -de -sac 3. STAFF EVALUATION If the roadway is eligible for traffic calming, a preliminary speed study will be conducted using data collected by a speed awareness display (SAD) or road tubes. In analyzing the speed data, the 85th percentile speed of the collected data will be calculated. The 85th percentile speed is defined as the speed at or below which 85 percent of the traffic is moving . 2 ' Please be aware that during the winter months, it may be difficult to collect data that is representative of typical travel conditions. Request received during the winter months will be processed by May 31st. z Federal and State speed limit guidelines define the 85th percentile speed as a "reasonable speed" or the speed in which 85% of motorists travel at or below. Experience has shown that the 85th Percentile Speed most closely provides for a safe and reasonable speed limit. Therefore, it can be expected that on a typical roadway, approximately 15 to 20 percent of the vehicles may be traveling at speeds greater than the posted speed limit. St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com K: \01459 - 620 \Admin \Docs \Speed Concern Eval Process \Speed Concern Evaluation Process.docx ATTACHMENT 3 f the 85th percentile speed is greater than 33 mph on a roadway posted at 30 mph, a speed concern will be identified at that location. If the 85th Percentile speed is greater than 33 mph but less than 35 mph, the speed concern will be brought before the City Council to consider the feasibility of low cost measures as a means to calm traffic. Some low cost traffic calming measures include: • Education and enforcement • Lane narrowing (striping or tubular marker island) • Pavement messages (30 MPH, SLOW, etc.) • Additional signage If the 85th Percentile speed is greater than 35 mph, the speed concern will be brought before the City Council to consider potential engineering solutions as a means to calm traffic. These solutions are typically higher in cost. Examples of possible solutions include: • Lane narrowing o Raised concrete or landscaped island / median • Curb extensions • Mid -block chockers (concrete or planters) • Neckdowns (Bump -outs at intersections) • Chicanes • Roundabouts • Full size roundabout • Mini - roundabout • Neighborhood Traffic Circle • Speed Awareness Display signs • Raised intersection • Roadway alignment revisions (adding curves to a straight roadway) 4. FUNDING Upon the recommendation of City staff and approval by the City Council, the appropriate measures will be implemented by the City once funding is secured. Possible funding sources include: • Inclusion in the City's Capital Improvement Plan (CIP) • Special request from the City Council • Assessment process S. REVIEW PERIOD Following the installation of the traffic calming measure(s), a review period for up to nine months will be initiated to measure its effectiveness and determine if the objectives were met. At the end of the review period, an evaluation will be conducted based on the following criteria: • If a speed concern is still perceived, speed data will once again be collected to determine if overall traffic speeds were reduced. • Fire and Police departments will be consulted to provide input about any impacts they may have experienced. Field observations and /or discussions may also be conducted with transit, waste disposal, and other service providers to ensure that services provided to the residents are not significantly impacted. If the objectives are satisfied as evidenced in the evaluation, no further actions will be taken. If objectives are not met, City staff may prepare alternatives and seek further direction from the City Council. Speed Concern Evaluation Process 2 1 Page The graphic below represents the decision diagram used in the speed concern evaluation process. No further action Additional Speed Enforcement if perceived speed concern is still present (No further action by City Council) Council to consider low cost traffic calming measures Speed Concern Received NO Roadway Eligible for Traffic Calming YES 1 Staff Evaluation (Data collection and evaluation) 85th NO Percentile Speed >33 mph 85th NO Percentile Speed >35 mph Posted Speed 20mph 25mph 30mph Low Cost >23mph >28mph >33mph Improvements Engineering >25mph >30mph >35mph Solutions Feasibility, Funding, and Installation Council to consider potential engineering solutions Review Period Speed Concern Evaluation Process 3 1 Page #8C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Professional Services Agreement for the Chaska Road Traffic Study, WSB and Associates, Inc. Meeting Date: April 23, 2018 Prepared by: Larry Brown, Director of Public Works Attachments: Location Map, Excerpted Council Minutes 10/9/17, Excerpted Council Minutes 11/13/17, Professional Services Agreement, Resolution Policy Consideration: Should the City Council enter into a contract with WSB & Associates, Inc. to conduct a traffic study for Chaska Road? Background: On October 9, 2017, Ms. Cindy Marr of 6015 Chaska Road, appeared before the City Council to voice concerns regarding the volume and speed of traffic on Chaska Road. A site location map is included as Attachment 1 with the excerpted minutes from the City Council meeting included as Attachment 2. On November 13, 2017, City Engineer Alyson Fauske updated the City Council on the following items (also included as Attachment 3): The City of Chanhassen has not received speeding complaints along this route. On October 26, 2017, Carver County sheriff was directed by the City of Chanhassen to conduct additional patrols on Chaska Road for 30 days, concentrating on speed enforcement and education. City Engineer Fauske contacted MNDOT regarding the geometrics of the Highway 7 intersection. MNDOT indicated that a realignment at this intersection would only be considered if crash data supported such a change. As part of the consideration of this item, staff was directed to look into the speed and volume data collected when normal traffic patterns on the road were restored; meaning when the construction traffic from the Mill Street closure ceases and the Oppidan development is occupied. Since both of these conditions have been met, staff has solicited a proposal from Mr. Chuck Rickart of WSB and Associates, to prepare a traffic study with the following scope: Task 1— Data Collection: Available data will be collected from the City of Shorewood, Carver County and MnDOT. This will include but not limited to: Historic traffic volume data on Chaska Road, CSAH 41 and TH 7 Previous traffic and speed studies conducted in the corridor Mission Statement: The City of Shorewood is committed to providing residents quality public services, o healthy environment, o variety of attractive amenities, o sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Task 2 — Existing Traffic Analysis: • The collected traffic volume and speed data will be reviewed documenting any issues or concerns on Chaska Road. • In addition, updated traffic volume and speed data will be collected by WSB personnel. It is assumed that hourly and daily traffic volumes and speed data will be collected at three locations along Chaska Road. • Existing Traffic Analysis: The collected traffic volume and speed data will be reviewed documenting any issues or concerns on Chaska Road. Task 3 - Report Preparation: • WSB will prepare a memorandum report documenting the methodologies and review from the above tasks. • WSB will submit a draft report to the City Staff for their review. The draft report will then be presented to the City Council for review and comment. • WSB would then prepare a final report to incorporate any comments received from the City. Task 4 — Meetings: • WSB & Associates, Inc. would be available to attend any meetings that are necessary to discuss or present the Traffic Study and analysis. It is anticipated that up to two (2) coordination meetings will held with the City. These will include the following: • City Staff — A meeting following the data collection and existing conditions review. • City Council — A meeting to review and discuss the analysis and report. Total Estimated Engineering Fee: The cost to provide the scope of services outlined in this proposal is shown below: TASK AMOUNT Task 1— Data Collection $900 Task 2 — Existing Traffic Review $400 Task 3 — Report Preparation $400 Task 4 — Meetings $700 TOTAL $2,400 Time Schedule: Based on the current project schedule, WSB & Associates, Inc. proposes to commence immediately with the compilation of data and preparation of the report. Options: 1. Approve Resolution 18 -042 which accepts the proposal from WSB and Associates, for preparation of the Traffic Study on Chaska Road. 2. Reject the proposal and provide staff with alternative direction. Recommendation: Staff recommends that the Council adopt the attached resolution accepting the Professional Services Agreement for the Chaska Road Traffic Study and authorize the preparation of the report. 3 • n # rj i • • Molts z}r. Avr. Ifti.r �Cti i 65 key -.r15k I I I � I ` CJ I -- Ju -. . I irrfar .-.- —GHJr #ate VA 7 � v 141 N� ryrrl�` - ■Yfs- rri..r�rw sa- ra- raaa�..,fi- rt#.�+.■ ��. rs »« ALONG CHASKA ROAD ' ■ii ,.JP. 'i •.# * r ■ + I 00�z J i ■ i ■ • r L t Zc *ate . -• G- I� Ursa y, 4 ATTACHMENT 1 CQ mKoeunJar,. �- 01 a Heninepin Caunty — All R■ghla Reserved discialmer 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 and Chaska Road intersection. It is rounded corner and it is very easy for drivers to approach it at very high speeds. The proposed stop signs may slow drivers down. She explained that in 1997 her husband was in his vehicle near their mail box and was struck head on by a driver going 55 miles per hour (mph), based on the police report. The engine on her husband's car was pushed into the passenger's seat and his car was thrown into the parking lot of what is now Shorewood Landing; a distance of more than 55 feet. She knows there are speeders on Chaska Road because of that one police report--. She expressed concern about the safety of their new neighbors, who are all seniors. After the curb was installed drivers have been using that as a straight line. It appears to her that drivers are coming off of Highway 7 even faster. 2. They would like the westbound turn lane on Highway 7 closed by the Minnesota Department of Transportation (MnDOT). That was done while the watermain extension project was going on. They would like to have Chaska Road dead end at Mayflower Road. That is similar to what the city did at Christmas Lake where a barrier was installed that could be moved if need be for emergency vehicles. 4. Consider the installation of speed bumps. The fifth request, which has been done, was to adjust the U turn at Highway 7 so that drivers can make a turn on to Galpin Lake Road and not drive down Chaska Road. The turn off the of westbound left lane of Highway 7 to cross over to Chaska Road is fairly straight; it does not encourage drivers to slow down. Ms. Marr stated the residents are imploring the City to help with managing the traffic speed and traffic volumes after Mill Street and Highway 41 are reopened. She noted that on December 1, 2017, residents will start to move in to the Shorewood Landing. The residents would like to have some safety changes made before a senior resident 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 ATTACHMENT 2 CC MIN 10/9/17 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 be 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 surprise 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 Mr11DOT about the possibility of closing that exit. Ms. Marr stated the original objective was to stop drivers from taking a left turn on to Highway 7 to go and exit on to Galpin Lake Road so the exit off the left most lane of Highway 7 was made to be more of a straight rather than a U shape. If the exit there could be made into a U shape so drivers could exit on to Galpin Lake Road that would lessen some of the traffic exiting on to Chaska Road. She thought the shape of the exit is a problem and modifying that would help. It would also help to close the exit on to Chaska Road from Highway 7. She thought that had worked during the watermain extension project. Mayor Zerby stated based on his observations closing that exit would be a good idea noting it did seem to function well when it was closed during construction. Ms. Marr stated doing that would improve safety and it would create a more peacefid area. 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 Conunissioner 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 Engineering/Public Works action items. 9. GENERAL/NEW BUSINESS A. Assessment Policy for Unpaved Streets Administrator Lerud explained that during council's September 11, 2017, meeting there was discussion regarding whether or not there was a need 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 from 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 November 13, 2017 Page 6 of 7 • Phase 2 Badger Park Improvements Project — The backfill work behind the curb will be done before the parking lot is paved. Rock will be put down to get the proper elevation before the first lift of asphalt is put down on November 15. That asphalt work will begin at the South Shore Center. The plan is to complete the work by the Center in time for scheduled night time activities to go on as planned. The work regarding the second lift of asphalt, the sidewalk and the infiltration basin will be done in 2018. • Chaska Road Watermain Extension and Street Project — The contractor is working on punch list items. She met with a resident about restoration work the contractor indicated was complete that the Oppidan crew has damaged with its vehicles. • Minnetonka Country Club (MCC) Development Project — The class 5 base for the trails will be put down in 2017. The curb work and the first lift of asphalt will be done in the spring. • Metropolitan Council Environmental Services (MCES) Forcemain Repair Project on Tuxedo Road — The contractor will be directional drilling the new pipe during November and December. • Minnetrista's Enchanted Lane Street Reclamation Project — A 300 -foot section of Tuxedo Road was not paved because of the MCES Forcemain Repair Project. • Highway 7 / Vine Hill Road Intersection Improvement Project — The right turn lane from Vine Hill Road (in Deephaven) on to westbound Highway 7 has been intermittently closed for utility work. The signal pole installation will begin in the spring and result in lane closures. • MCES Lift Station 18 Replacement Project — The exterior work is nearing completion. The parking lot has been paved. The paving at Highway 7 / Christmas Lake Road is complete. • Chaska Road resident's concern about traffic speed and traffic volume — Chanhassen has not received any complaints about speeding. The Carver County Sheriff had been directed to conduct additional patrols on Chaska Road for 30 days with a concentration on speed enforcement and education. She will follow up after the 30 days is up. The Minnesota Department of Transportation (MnDOT) has stated that it would only consider a realignment of the Chaska Road and Highway 7 intersection if crash data supports the need for that change. Speed and traffic volume data will be collected for Chaska Road after construction traffic ceases and the Shorewood. Landing Senior Living facility is occupied. Mayor Zerby asked if the roadways on the Phase 2 part of the MCC site are safe to drive on because there is only a rock surface. If not, should signs be installed informing drivers of any concerns. Engineer Fauske stated staff will speak with the developer to ensure they put up appropriate roadway signs to keep traffic safe as drivers move through there during the winter. Zerby stated he thought the City has assumed responsibility for the Phase 1 roads and trails; therefore, he assumes the City needs to plow them during the winter. Director Brown confirmed that. Director Darling stated that a total of about 20 residents attended one of the three open house meetings held regarding the proposed updates to the Comprehensive Plan. They provided quite a few comments about what they thought was important over the next 20 years. The City also has a somewhat abbreviated online survey with similar information regarding the updates. To date there have been 235 respondents. Residents can respond to the survey through December 8; it will be closed at that time. Councilmember Johnson asked if there is anything that restricts a person from taking the survey more than one time. Darling stated based on the responses to date it does not appear that has been an issue. B. Mayor and City Council Mayor Zerby noted that he attended a Super Bowl LII Crew 52 ambassadors meeting the previous day. About 30,000 volunteer applications were received, 15,000 applicants were interviewed and 10,000 were accepted. ATTACHMENT 3 CC MIN 11/13/17 Associates, Inck Infrastructure ■ Engineering ■ Planning ■ Construction April 17, 2018 Mayor and City Council City of Shorewood 5775 Country Club Road Shorewood, MN 55331 Re: Chaska Road Traffic Study Proposal City of Shorewood Dear Mayor and Council: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541 -4800 Fax: 763 541 -1700 WSB & Associates, Inc. (WSB) is pleased to submit this proposal to prepare a Traffic Study for Chaska Road between Trunk Highway (TH) 7 and County State Aid Highway (CSAH) 41. The need for the Study is in response to resident concerns related to: Volume of traffic specifically from the new senior living development, and; Speed of traffic. The primary purpose for the Study will be to: document the existing condition, and; review of the existing conditions to identify volume and /or speed issues or concerns. Based on this understanding we have developed a scope of work and cost estimate to complete the Chaka Road Traffic Study. Listed below are the proposed work tasks and estimated costs: Scope of Work Task 1 — Data Collection: Available data will be collected from the City of Shorewood, Carver County and MnDOT. This will include but not limited to: Historic traffic volume data on Chaska Road, CSAH 41 and TH 7 Previous traffic and speed studies conducted in the corridor In addition, updated traffic volume and speed data will be collected by WSB personnel. It is assumed that hourly and daily traffic volumes and speed data will be collected at three locations along Chaska Road. Task 2 — Existing Traffic Analysis: The collected traffic volume and speed data will be reviewed documenting any issues or concerns on Chaska Road. ATTACHMENT 4 PROPOSAL Chaska. Road Traffic Study City of Shorewood April 17, 2018 Page 2 Task 3 - Report Preparation: WSB will prepare a memorandum report documenting the methodologies and review from the above tasks. WSB will submit a draft report to the City Staff for their review. The draft report will then be presented to the City Council for review and comment. WSB would then prepare a final report to incorporate any comments received from the City. Task 4 — Meetings: WSB & Associates, Inc. would be available to attend any meetings that are necessary to discuss or present the Traffic Study and analysis. It is anticipated that up to two (2) coordination meetings will held with the City. These will include the following: • City Staff — A meeting following the data collection and existing conditions review. • City Council — A meeting to review and discuss the analysis and report. Should additional meetings be required they would be billed at our standard hourly rates. Estimated Cost The estimated cost to review the parking and transit plan and prepare a traffic control and signing plan is based on the above Scope of Work and is as follows: Task Task 1 — Data Collection Task 2 — Existing Traffic Review Task 3 — Report Preparation Task 4 - Meetings Amount $900 $400 $400 $700 Total Cost $2,400 WSB will bill at our standard hourly rates up to the not to exceed cost of $2,400. WSB is available to begin work immediately following receipt of Notice to Proceed. If you have any questions or require any additional information regarding this proposal, please feel free to contact me at 763 - 287 -7183. If this proposal meets your expectations please sign and return a copy, which will serve as our Notice to Proceed. Sincerely, City of Shorewood WSB & Associates, Inc. Charles T. Rickart, PE, PTOE Project Manager /Principal Authorized Signature Date Its CITY OF SHOREWOOD RESOLUTION NO. 18 -042 A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR PREPARATION OF A TRAFFIC STUDY ON CHASKA ROAD WHEREAS, at the October 9, 2017 City Council meeting residents from Chaska Road requested that the city assess traffic speed and volume on Chaska Road; and WHEREAS, the City Council discussed observed traffic behaviors and determined that further study was warranted to examine the speeds and volumes along Chaska Road; and WHEREAS, WSB and Associates, Inc, provided a proposal for professional engineering services to prepare said study. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood, Minnesota authorizes the execution of a Professional Services Agreement with WSB & Associates to provide professional engineering services for the Chaska Road Traffic Study. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of April, 2018. ATTEST: Sandie Thone, City Clerk Scott Zerby, Mayor #9A MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Ashland Woods Development Meeting Date: April 23, 2018 Prepared by: Greg Lerud, City Administrator Reviewed by: Marie Darling, Director of Planning and Tim Keane, City Attorney Attachments: Copy of Developer's agreement Policy Consideration: What steps should the city take to resolve the outstanding issues with the Ashland Woods development? Background: The Ashland Woods subdivision was proposed by Ashland Woods, LLC, which is a single purpose development entity created by Cory Lepper (the "Developer ".) Seven single family lots were platted and constructed as a part of the development. The project was approved by the City Council on January 2013, Resolution 13 -003. One of the conditions of the Resolution was that the Developer enter into a Development Agreement with the City. The Developer entered into the Development Agreement in February 2013. A copy of the Development Agreement is attached. Paragraph 32 of the Development Agreement states: Developer to provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. The Declaration shall provide for the establishment of a home owners association which shall be responsible for the monitoring and ongoing maintenance of the surface water drainage facilities and the center island cul -de -sac landscaping improvements for the Subject Property. The Association shall have the drainage facilities surveyed by a registered land surveyor and provide the City with evidence that approved grades have been maintained. Any alteration of the drainage facilities shall be corrected immediately by the Homeowners Association." The City's customary practice has been to release these agreements to the developer and it is their responsibility to record the Development Agreement and any other document required by the city. The Developer filed the Development Agreement with the plat, there is no record of the filing of the Declaration of Covenants or the Homeowners Association (HOA) documents. A letter was sent by the Planning Director to the Developer on June 26, 2015 notifying the Developer that he was in default of the Development Agreement and reminding the Developer of their responsibilities under the Development Agreement. In that letter, the City stated no further building permits or certificates of occupancy would be issued until the declaration of covenants establishing the home owners association has been properly recorded and articles of incorporation and bylaws for the HOA are provided to the City The matter, as it relates to resolving the conditions related to the HOA, can be distilled down to this: The Developer failed to record the HOA documents as required. The buyers of the property, therefore, had no notice of their responsibility for the ongoing cost to maintain the "surface water drainage facilities and the center island cul -de -sac landscaping improvements" and other restrictions included in 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 the HOA declaration. The question is: how does the ongoing monitoring and maintenance of the storm water system and common area get done and how does it get funded? The Developer made a proposal to resolve the matter, which included amending the Development Agreement to have only the remaining two lots owned by the Developer be responsible for 100 percent of the ongoing surface water management and maintenance expenses. City staff reviewed this proposal and it was rejected. There has been no success resolving the issue between the Developer and the property owners in the development, and now a stalemate has emerged where the parties are no longer talking or working toward a resolution. But all parties want a resolution, so they can move forward. City Council options. The first three options are listed below but staff has internally discussed these remedies and the background is provided as to why they have been rejected as unsuitable resolutions at this time. 1. Formally find the Developer in default of the Developer's Agreement and enforce the provisions of the Developer's Agreement by using any of the remedies listed in the Developer's Agreement. Remedies include but are not limited to: requiring the recording the Covenants against the properties and redeem the security from the Developer for the monitoring and ongoing maintenance of the surface water drainage facilities and the center island cul -de -sac landscaping improvements, institute legal action against the Developer, utilize the letter of credit and any other available security. 2. Do nothing except for requiring the developer to repair the storm pond. If the council choses this course of action, the long -term maintenance cost of the ponds will likely have to be done by the city and the cost assessed to property owners. Alternatively, the existing property owners could establish an HOA and perform the required ongoing work. This option absolves the developer from any responsibility. 3. Accept the developer's proposal to make the remaining two unbuilt parcels responsible for the ongoing cost to maintain the developments surface water system. This option could impact the appeal and value of all the Ashland Wood properties and create a divide in the neighborhood making two of the seven property owners responsible for the storm water maintenance costs for the entire development. This option also does not address the common areas. That would require modification of Development Agreement to amend the definition of "the property' and the "conservation easement" which has already been recorded on the plat. This amendment may require approval from the Minnehaha Creek Watershed District. Recommendation / Action Requested: Staff recommends that the council encourage, as a condition of the remedy clause in the Development Agreement, that all the relevant parties; including the property owners, the Developer, the title company, and the city, join in mediation to resolve the remaining issues. Staff is confident that a skilled mediator can create the opportunity for the parties to reach an agreement. Staff further requests that mediation be completed as soon as possible, but not more than 90 days from the date of this meeting. If mediation is not successful, staff will return to council for with further recommendations. Next Steps and Timeline: Staff will notify the parties of the next steps based on the council decision. In Doc No A09916478 Certified, filed and /or recorded on. 3/5/13 10:01 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 933368C 'Doc Name: Development Agreement Document Recording Fee $46.00 Attested Copy or Duplicate $2.00 Original Document Total $48.00 This cover sheet is now a permanent part of the recorded document. Custom Mome 81drs Title CITY OF SHORE, WOOD DEVELOPMENT AGREEMENT ASHLAND WOODS THIS AGREEMENT, made this 8th day of February by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City ", and ASHLAND WOODS, LLC, a Minnesota limited liability company, hereinafter referred to as the "Developer ". WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof; which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer proposes to develop the Subject Property into seven (7) single - family residential lots; and WHEREAS, the Developer has made application for a preliminary plat for the property with the Zoning Administrator, which preliminary plat was considered by the Planning Commission at their meeting held on 7 August 2012, and at a meeting of the City Council on 10 September 2012; and WHEREAS upon recommendation of the Planning Commission, the City Council did consider and grant preliminary plat approval as set forth in Resolution No. 12 -056; and WHEREAS, the Developer has filed with the City the Final Plat for "Ashland Woods ", a copy of which plat is attached hereto and made a part hereof as Exhibit B; NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution No. 12 -056, on file in the Shorewood City Offices. In addition, development of the property is subject to the requirements of the R -1C, Single - Family Residential zoning district. 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) Public street grading, graveling and stabilizing, including constructing and sodding of berms, swales, and boulevards; (02) Public street surfacing, including surmountable curbs, gutters and driveway approaches; (03) Storm sewers, when determined to be necessary by the City, including all necessary catch basins, ditches, inlets, retention areas and other appurtenances; (04) Sanitary sewer laterals or extensions, including all necessary building services and other appurtenances; (05) Water main laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances; (06) Required tree preservation, reforestation and landscaping; (07) Street name signs and traffic control signs; consistent with the plans and specifications prepared by Otto Associates Engineers and Land Surveyors, Inc., dated 6 January 2013, and received and approved by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 3.) Final Plat, Grading, Drainage and Utility Plan, Building Plan - The Developer has filed with the City Clerk the final plat titled Ashland Woods for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this Development Agreement, is herewith adopted and approved by the City. 4.) Pre - construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre - construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5,) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed the quantities and qualities required by the approved plans and specifications, and shall be subject to inspection and approval of the City, which approval shall not be unreasonably withheld if the materials and work are consistent with the plans and specifications and the standards set forth herein. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the cost and expense of Developer. 2 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the final lift of asphalt, shall be performed to be completed by 1 November 2013. The final lift of asphalt shall be completed by 1 July 2014. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 8.) As -Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as- built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as- built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat until the documents called for herein are filed. 9.) Easements - Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, if and to the extent required by the Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the City. 10.) Pre-existing Drain Tile - All pre - existing drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking; &rveyin a, nd lnspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above - described improvements and delineation of the wetland buffer areas. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer, 12.) Grading, Drainage, and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as reasonably necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 13.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 3 15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 2, except the final lift of asphalt, are completed and approved by the City Engineer. 16.) final inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 17.) Conveyance of Improvements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by :Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one -year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets, Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 20.) Reimbursement of Costs - The beveloper shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 29 below. 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 4 22.) Surejy for fnnprovements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as -built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 23.) Insurance - The Developer shall take out and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00 and shall remain in effect until the improvements set forth in paragraph 2 have been accepted by the City. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. 24.) Laws,_ Ordinances, Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Waste Control Commission before commencing development of the plat. 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $8400 ($1200 for seven lots) as local sanitary sewer access charges. 26.) Municipal Water Charges - Pursuant to Shorewood City Code a $10,000 municipal water connection charge is required to be paid for each unit, prior to the release of the final plat. The Developer's costs for getting municipal water to the property will be refunded to the Developer, but shall not exceed the amount of the connection charges. 27.) Park Fund Payment a Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $35,000 ($5000 for each lot) for the Park Fund. 28.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ( "Policy ") which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by Otto Associates Engineers and Land Surveyors, Inc., dated __18 September , 2012 ( "Plan "). In addition the Developer shall submit a Reforestation Plan pursuant to the City's Policy. The Reforestation Plan shall be subject to review and approval by the Shorewood Planning Department, The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. As partial security for its obligation under this paragraph 28, the Developer agrees that prior to the issuance of each building permit, the Developer or its assigns will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. 29.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Malkerson Gunn Martin LLP 1900 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402 To the Developer: Cory Lepper c/o Ashland Woods, LLC 20445 Park Place Deephaven, MN 55331 2 30.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. 31.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 32.) Declaration of Covenants Conditions and Restrictions - Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. The Declaration shall provide for the establishment of a homeowners association which shall be responsible for the monitoring and ongoing maintenance of the surface water drainage facilities and the center island cul -de -sac landscaping improvements for the Subject Property. The Association shall have the the drainage facilities surveyed by a registered land surveyor and provide the City with evidence that approved grades have been maintained. Any alteration of the drainage facilities shall be corrected immediately by the Homeowners Association. 33.) Remedies Upon Default - (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default. The City may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be levied as a special assessment as provided in Minnesota Statutes Section 429.101, against the property legally described n Exhibit A. The Developer waives all rights of appeal, if any, and agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's 7 liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Section 429.101 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense reasonably incurred by the City in remedying the conditions creating the emergency, (02) Performance Guaranty. In addition to the foregoing, after notice and failure to cure, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein, (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 28 hereof, (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. (b) If compliance has not occurred within such time, or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $1000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 34.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 35.) Severability - In the event any provisions of this Agreement shall be held invalid., illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 36.) Execution of Counterparts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 37.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 38.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. 0 IN WITNESS W®EREOV, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER CITY OF SHOREWOOD By: Its: Chief Manag r STATE OF MINNESOTA ss. COUNTY OF BENNEPIN On this #_day o 2013, before me, a Notary Public within and for said County, personally appeared Scott Zerby and William S. Joynes to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. ESTWItA GROUT NOTARY PUBLIC - MINNESOTA OMMISSIM Ezhaes Jan, 31, 2015 STATE OF MINNESOTA ss. COUNTY OF BENNEPIN No ary Public The foregoing instrument was acknowledged before me this day of 201.3, by Cory Lepper, the Chief Manager of Ashland Woods LLC, a Minnesota Limited Liabili Company. TWIIA GROUT R NOTARY PUBLIC - MINNESOTA Notary Public My Commission Expires Jan. 31, 2015 THIS INSTRUMENT WAS DRAFTED BY:EDITED BY: Shorewood Planning Department Malkerson Gunn Martin LLP 1900 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402 (TJK) 10 ,f, DESCRIPTION: Lot 105, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesota, EXCEPT that part described as follows: Commencing at the Southwest corner of said Lot 105; thence Northerly along the West line of said Lot 105, a distance of 100 feet; thence Easterly parallel with the South line of said Lot 105, a distance of 200 feet; thence Southerly parallel with the West line of said Lot 105 to the South line thereof; thence Westerly along the South line of said Lot 105 to the point of beginning. Exhibit A CONSENT The undersigned Mortgagee of the real estate described in the attached instrument pursuant to the Mortgage dated February 7, 2013, hereby joins in and consents to all of the terms and provisions contained in the attached Development Agreement Ashland Woods. The undersigned Mortgagee further agrees that its interest in the property covered by the Mortgage is subject to the Development Agreement Ashland Woods and to all of the terms and provisions contained therein and agrees that if the Mortgagee forecloses its mortgage(s) on the property, or takes a deed in lieu of foreclosure, the Mortgagee will take title subject to the Development Agreement Ashland Woods. The First NA" ional Bank of Northfield By Its STATE OF MINNESOTA ) COUNTY OF i Ce— ) J JsY The foregoing instrument was acknowledgd before me this day of March, 2013 by the V !e- 2 pry,31'c'i 0- of The First Northfield, a national banking corporation, on behalf of said entity, LUCILLE A. 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ML».arfa Pa I f Y/L STAZ A 3tr)8365 (1969} tDb pb! nm b..n agaonW Nb _ G.y d 10 ty Dr `� �T 1 I ( I j(7vr \L r r vvi aM..rM Cemb am oar Yv..o..t st .. 5. awns e/ f% e/ S.crAn 32 T.a�Ylp 11J, Karp. 23 _S6T.fiYYl1 ABdf� vr1i:.� Cr.I V fmf ♦n lloe.onf SE eo�r r,Aeq.0 - - � t% efStLn 3L Toratp • nm.r� llo.mrnt Yo.d 0 fY..t ad metro v+i O 0.TAtlY RECORL `VL Menoh ca.rrx fl9muvb 1 Da.by a,.afj .ot u..trbh Nor a A9tM'D ■ODDS .oa r.mG.G h m Gay o1 A N .�_ eVaat .gym Radw SaGN, aarhy rant/ R.co.Ge Dy #9B MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Council Conduct Policy Meeting Date: April 23, 2018 Prepared by: Greg Lerud, City Administrator Reviewed by: Sandie Thone, City Clerk Attachments: Proposed red -line policy, Resolution #18 -043 Policy Consideration: Should the City Council adopt a revised Council Procedure policy? Background: All city staff has completed respectful workplace training and are committed to practice the skills learned during the training. At the March 27 city council meeting, the council requested staff prepare a policy regarding expectations for city council conduct. The City Council previously adopted a Council Policies and Procedure statement. There was a section in that policy about rules, decorum and order which was primarily focused on conduct at meetings. I have modified that existing policy and created a section articulating expectations for council conduct, which is section two in the revised policy. Financial or Budget Considerations: None. Options: The City Council can adopt the revised policy, make any changes, or decline to adopt the revised policy. Recommendation / Action Requested: Staff recommends adopting the revised policy and adopting the attached Resolution 18 -043. Connection to Vision / Mission: A respectful workplace where staff and the council treat each other with respect creates an environment which allow people the opportunity to perform at their best for the benefit of the City and its residents. 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 Council Policy and Procedures 1. Elected Officials 1.1 Terms of Office a. The term of office for the Mayor shall be two (2) years. b. The term of office for Council members shall be staggered four (4) year terms. c. Newly elected or re- elected members shall take the oath of office immediately preceding the start of the first meeting of the year. 1.2 Term Begins. The term of office for a newly or reelected Council member or Mayor shall begin on the first Monday in January following the election; however, incumbent Council members or Mayor shall serve until the newly elected or reelected members are duly sworn in and qualified. 2. Council Conduct and StanclardsRules, DeceF u^ and ^"d^" 2.1 Purpose. This Section establishes a code of conduct and associated remedies that council members agree to abide by in carrying out their duties as elected officials. This code of conduct does not supersede any existing or future statutory or constitutional rights, but simply outlines appropriate council expectations, behavior and interactions with each other, city staff, citizens and all other groups encountered. The goal is to efficiently and effectively develop and carry out the mission, vision, goals and established policies of the city. Whenever referenced herein, the terms "council member /s" shall refer to all council members and mayor. 2.2 Roles /Responsibilities Formatted: Space After: Opt a. Act in the Public Interest — Recognizing that service to our citizens must be our primary concern, council members shall work for the common good of the people of Shorewood and not for any private or personal interest. Council members will treat all persons, claims and transactions in a fair, respectful and equitable manner. b. Preparation — Council members are expected to be prepared for city council meetings and work sessions. c. Agenda Preparation — The city administrator directs preparation of draft meeting agendas. At the council meeting, agenda items may be added or deleted by council members as approved by the city council. 2.3 Conduct of Members a. Staff Direction —The citv council members direct citv staff, contract emolovees and consultants only through the city administrator, as determined by majority vote. At work sessions, the mayor will state the concerns of the council or specific directions provided by the council to the staff. The city administrator may request further clarification so that there is a clear understanding of what the council's expectations are in terms of the actions to be taken by staff. b. Citizen Questions — Elected officials should refer questions and concerns from citizens to the city administrator or appropriate department head. City staff should report back to the city council on the resolution of the referral. c. Respect for Staff Time — If a council member is utilizing an inordinate amount of staff time, the city administrator is required to bring this to the attention of the city council for resolution. d. Interactions — Council members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the city council, boards, commissions, committees, staff or the public. e. Respect for Process — Council member duties shall be performed in accordance with the processes and rules of order established by the city council. f. Use of Public Resources — Public resources not available to the general public (e.g. city staff time, equipment, supplies or facilities) shall not be used by council members for private, personal or political purposes. g. Advocacy —To the best of their ability, council members shall speak with one voice in representing the official policies and positions of the city council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the council or the city. h. Improper Influence — Council members shall refrain from using their position to improperly influence the deliberations or decision of city staff, boards, commission or committees. L Positive Work Environment — Council members shall support a positive, efficient and effective environment for residents, businesses and city employees. 2.4 Communication a. Sharing of Information — It is the responsibility of council members to publicly share information with all other council members that they have received from sources outside of the public decision - making process which pertains to a topic under consideration. Whenever possible, new information or data obtained by council members, pertinent to a topic being discussed, will be distributed through the city administrator to the city council members. Upon reviewing the new information, the council may adopt a motion to postpone further consideration of the information until all members have had time to review and interpret this new information. b. Focused Discussions — Council members shall work to keep discussions and debates focused on the item under discussion without introducing extraneous or irrelevant information. c. Request for Information —All council members shall receive the same information at the same time when deemed for distribution by staff. If an elected official requests information in advance of others on the city council, the matter shall be resolved by a majority of the city council. d. Coordination with City Staff — City staff should be involved when council members meet with officials from other agencies and 'jurisdictions to ensure proper staff support as needed and to keep staff appropriately informed. e. Confidential Information — Council members shall respect and preserve the confidentiality of non - public, protected non - public, private, and confidential information provided to them concerning matters of the city. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests. f. Notice of Attendance — If any council member has knowledge or reason to believe that there will be a large or emotional attendance at an upcoming council meeting or work session, they have an obligation to inform the city administrator as soon as they become aware of the potential situation. 2.5 Implementation a. Orientation —This Code of Conduct shall be included in the regular orientations for new city council members and reviewed in full by the city council in January of each year. Following each election, the new council shall review this policy and adopt any changes the council deems necessary. b. Compliance and Enforcement —Council members themselves have the Primary responsibility to assure that the code of conduct is understood and followed and that the public can continue to have full confidence in the integrity of the Shorewood city government. It is the responsibility of the city council to police its members. When inappropriate behaviors are observed, any member of the council can intervene. If inappropriate behavior is observed, the city council will discuss the behavior at a council work session. By direction of the council, it will be determined whether: a. A letter is sent to the offending council member stating that they have been found operating outside the established code of conduct, requesting them to correct the behavior identified as inappropriate; or b. The council member is formally sanctioned by resolution at a council meeting. 3. Meetings 3.1 Public Meeting. Except as otherwise provided in the open meeting law, all Council meetings, including special, emergency, and adjourned meetings of all Council committees shall be open to the public. 3.2 Initial Meeting. At the first regular Council meeting in January of each year, the Council shall; a. Designate the depositories of city funds b. Designate the official newspaper c. Choose an acting Mayor from the Council members who shall perform the Mayor's duties during the Mayor's absence, disability from the city, or in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies; d. Appoint necessary officers, employees, and members of board, commissions, and committees. 3.3 Regular meetings. Regular meetings of the City Council shall be held on the second and fourth Monday of each calendar month at 7:00 p.m. Any regular meeting falling on a holiday shall be held on the next following business day at the same time and place. The city clerk shall maintain a schedule of regular meetings. This schedule shall be available for public inspection during regular business hours at the city clerk's office. All meetings, including special emergency meetings, shall be held in the city hall. 3.4 Special meetings. The Mayor or any two (2) members of the Council may call a special meeting of the Council upon written notice to the city clerk. A request submitted to the city clerk via e- mail shall be considered written notice. The clerk shall deliver written notice to all members of the time and place of the meeting at least one day before the meeting. 3.5 Emergency meetings. The Mayor or any two (2) Council members may call an emergency meeting when circumstances require the immediate consideration of a matter by the Council. Notice may be in writing personally delivered to Council members or may be in the form of a personal telephone communication. Notice must include the date, time, place, and purpose of such a meeting. Where practical, the clerk shall make an effort to contact news gathering organizations that have filed a request to receive notice of special meetings. 3.6 Work Sessions. Work sessions of the Council are held for the purpose of having informal discussion on an issue or topic and where no formal action is taken. 3.7 Quorum. At all Council meetings a majority of the elected Council members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. 3.8 Notice of Meetings. With the exception of emergency meetings, all meeting of the Council shall be posted at City Hall at least three (3) days prior to the meeting noting the time, location and issues to be discussed. 4. Order of Business 4.1 Agenda: The Administrator shall prepare an agenda of business for each regular Council meeting in consultation with the presiding officer. Council members and members of the public may request an item be placed on the agenda by contacting the Administrator and providing a description of the item and supporting documentation for the item. A copy of the agenda shall be provided to the Administrator by 2:00 p.m. on the Thursday preceding the meeting. The agenda shall be prepared in accordance with the order of business and copies shall be delivered to each Council member and to others as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a majority vote of the Council members present. 4.2 Agenda materials. The Administrator shall see that at least one copy of printed materials relating to agenda items is available to the public in the meeting room while the Council considers the subject matter. The agenda item shall not be considered unless this provision is complied with. This section does not apply to materials that are classified as other than public under the Minnesota Government Data Practices Act or materials from closed meetings. 4.3 Delivery of Agenda. The Agenda and supporting materials are delivered to the Council members in person or electronically the Thursday before the Monday meeting. 4.4 Order of Business. Each meeting of the City Council shall convene at the time and place appointed. Council business shall be conducted in the following order unless varied as provided herein. 1) Call to Order. 2) Roll Call. 3) Review Agenda 4) Approval of Minutes 5) Consent Agenda 6) Matters from the Floor 7) Reports and Presentations 8) Public Hearings 9) Parks 10) Planning 11) Engineering/Public Works 12) General and New Business 13) Staff and Council Reports 14) Adjournment 4.5 Varying order. With the consent of a majority of the Council, the order of business maybe varied by the Mayor; however, all public hearings shall be held at the time specified in the notice of the hearing. 4.6 Public Comments, Questions or comments from the public will be limited to the subject under consideration upon recognition of the Mayor or by a majority vote of the Council. The Mayor may limit the time provided to address the Council on an issue. The public may comment or raise an issue of concern for items not under consideration by the Council during the "Matters from the Floor" portion of the Agenda. The Council will not take action on the issue raised at the meeting and the Mayor may limit the time allowed for such comments. 4.7 Consent Agenda, Routine, non - controversial items will be placed on the consent agenda for approval in one blanket motion. A Council member or member of the audience may request that an item be removed for separate consideration; however, a Council member may abstain from voting, vote against, or recuse themselves from voting on, any consent agenda item without requesting its removal. Abstentions will be recorded in the minutes. 5. Presiding Officer 5.1 Presiding Officer. The Mayor is the presiding officer at all meetings of the Council. In the absence of the Mayor, the acting Mayor shall preside. In the absence of both, the Administrator shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their number to act temporarily as presiding officer. The selection of a temporary presiding officer shall be accomplished by nomination and majority vote of the members present. 5.2 Participation of the Mayor. The Mayor may move, second, and debate from the chair, subject only to the same limitations of debate imposed on all Council members. The Mayor is not deprived of any rights and privileges of a Council member by reason of acting as presiding officer. However, the Mayor is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extending debate on questions before the Council, he or she should consider turning the chair over to another member. 5.3 Maintenance of Order. The Mayor is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the mayor. All questions and remarks must be addressed to the Mayor, orthrough the Mayorto the appropriate Council member, staff, citizen or representative. 5.4 The Mayor has the following powers: a. To rule motions in or out of order, including any motion obviously offered for obstructive or dilatory purposes; b. To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground; c. To entertain and answer questions of parliamentary law or procedure; d. To call a brief recess at any time; and e. To adjourn in an emergency. A decision under (a), (b), or (c) may be appealed to the Council upon motion of any member by use of a point of order. This motion is in order only immediately after the challenged decision is announced. The member making the motion need not be recognized by the Mayor, and the motion may not be ruled out of order if it is made timely. 6.0 Meeting Rules. Decorum, and Order §6.1 _ ,The Mayorwilldetennineallpointsofordersubjecttotherightofanymembertoappealtothe Council. If any appeal is taken, the question will be, "Should the decision of the Mayor be sustained ?" A majority vote will govern and conclusively determine the question of order. 6.2 Decorum and Order — Council members. a_A Council member desiring to speak must address the Mayor and upon recognition, must address only the question under debate. b_A Council member desiring to question the staff must address the question to the City Administrator or City Attorney, in appropriate cases, who will respond to the inquiry or designate a staff member to do so. c_A Council member, once recognized, may be interrupted while speaking only if called to order by the Mayor, a point of order is raised by another Council member, or the speaker chooses to yield to questions from another Council member. d_A Council member called to order while speaking must cease speaking immediately until the question of order is determined. If ruled to be in order, he or she may proceed. If ruled to be not in order, he or she must remain silent or alter his or her remarks so as to comply with rules of the Council. e. Council members must accord courtesy to each other, to city employees, and to the public appearing before the Council and must refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. f_A Council member may move to require the Mayor to enforce the rules. Upon the affirmative vote of a majority of the Council, the Mayor must do so. -56.3 _Decorum and Order— Employees. Staff members must observe the same rules of procedure and decorum applicable to members of the Council. The City Administrator must ensure that they observe such decorum. Any staff member, including the City Administrator, desiring to address the Council or members of the public must first be recognized by the Mayor. All remarks must be addressed to or through the Mayor. 6-5.4 Decorum and Order — Public. Members of the public attending the Council meetings must observe the same rules of order and decorum applicable to the Council. The Mayor may order the removal of any person who makes inappropriate remarks or who becomes boisterous while addressing the Council and bar that person from further audience with the Council. 36.5 _Enforcement of Decorum. The City Administrator must carry out the orders and instructions of the Mayor for maintaining order and decorum in the Council chambers. -56.6 —Personal Privilege. The right of a member to address the Council on a question of personal privilege is limited to cases in which his or her integrity, character, or motives are questioned or impugned. -56.7 _Conflict of Interest, Any Council member prevented from voting because of a conflict of interest, must refrain from debate and voting. That Council member may choose to leave the Council chambers during debate and voting on the issue. -56.8 _Limitation of Debate, A Council member normally should speak only once on a subject until every other Council member choosing to speak has done so. -56.9 _Dissents and Protests, A Council member has the right to express dissent from or to protest any action of the Council. A Council member wishing to have the dissent or protest entered in the minutes should state so with language such as "I would like the minutes to show that I am opposed to this action for the following reason:" -56.10 _Procedure in Absence of Rules. In the absence of a rule to govern a point or procedure, Robert's Rules of Order, Newly Revised, should be used as a guide. -56.11 _Rulings of mayor Final Unless Overruled. The Mayor will decide all questions or interpretations of these rules, point of order or other questions of procedure, requiring ruling. Unless overridden or suspended by a 2/3 majority vote of the Council members present and voting, a ruling is final and binding for purposes of the matter under consideration. -56.12 _Amendment of Rules. These rules may be amended at any regular meeting or at a special meeting that includes amendment of the rules as one of the stated items to be considered. Adoption of an amendment requires an affirmative vote equal to 4/5 of all the actual membership of the Council, excluding vacant seats. 7_Addressing the Council All remarks and questions are to be addressed to the Mayor and not to an individual Council member, staff member, or other person. During a public hearing, all remarks must be limited to the subject under consideration. No person may enter into any discussion without being recognized by the Mayor. Addressing the Council after Motion is Made. After a motion has been made, or after a public hearing has been closed, no person may address the Council without first securing permission from the Mayor. 7.2 Limitations Regarding Public Comments and Reports. The Mayor may limit or rule out of order a speaker who addresses the Council on a topic that is currently before or about to be submitted for consideration by, a city commission, board or other agency. If an appeal procedure is or was available, the Mayor may not allow oral communication to the Council outside that procedure. This rule is intended to ensure that a matter follows the appropriate process and that discussion takes place in the proper forum. 7.3 Written Correspondence, The City Administrator is authorized to open and attend to all mail addressed to the mayor or Council not marked personal and that appears to relate to city business. All administrative business in those communications that does not require Council action may be disposed of between Council meetings. A copy of any communication to the Council must be sent to each Council member weekly. Correspondence to the mayor or individual members not of general interest to the Council should be forwarded to the person addressed. Communication delivered to city hall relating to a matter pending, or to be brought before City Council, must be included in the agenda packet for the meeting at which the item is to be considered. Letters of appeal from administrative or commission decisions must be processed under applicable ordinance provisions. q8.; Motions -78.1 _Motions Out of Order. A member may make only one motion at a time. A substantive motion is out of order while another substantive motion is pending. -78.2 _Division of Question. If the question contains two or more propositions, the Mayor may, and upon request of a member, must, divide the same. -78.3 _Withdrawal of Motions. A motion may not be withdrawn by the mover without the consent of the person seconding it. -78.4 _Precedence of Motions. When a motion is before the Council, only procedural motions may be considered, in order of priority listed below. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vote of the full Council for adoption. -A8.5 _Motion to Adjourn (not debatable). A motion to adjourn is in order at any time except: a) When made as an interruption of a member while speaking; b) When discussion has ended and vote on a motion is pending; and c) While a vote is being taken. 8.6 Motion to Fix Hour of Adjournment. Unless otherwise agreed to by at least a majority of the Council, all meetings and study sessions of the Council must be adjourned by 11:00 p.m. A motion to set a different specific time at which to adjourn is not debatable and not subject to amendment except by unanimous vote. 8.7 Motion to Suspend the Rules. A motion to suspend provision of these rules may be approved only by a vote equal to 4/5 of the actual membership of the Council, excluding any vacant seats. 8.8 Motions to Table. A motion to table is not debatable and precludes all amendments or debate of the subject under consideration. If the motion prevails, the matter may be "taken from the table" at any time prior to the end of the next regular meeting, unless the motion is to either table indefinitely or to a date certain. If the motion is to table indefinitely, the matter may not be rescheduled without at least a majority approval of the Council. 8.9 Motion to Limit or Terminate Discussion. A motion to limit or terminate discussion may be used to limit or close debate on, or prohibit further amendment to, the pending motion. It is not debatable. If the motion fails, debate must be reopened; if the motion passes, a vote must be taken on the pending motion. 8.10 Motion to Amend, A motion to amend is debatable only as to the amendment. A motion to amend an amendment is in order, but a motion to amend the amendment to an amendment is not in order. An amendment modifying the intention of a motion is in order, but an amendment relating to a different matter is not in order. A substitute motion on the same subject is acceptable and voted on before a vote on the amendment. Amendments must be voted on first, then the main motion as amended. 8.11 Motion to Continue, Motions to continue to a definite time are amendable and debatable as to propriety and time set. 8.12 Motion to Reconsider, A motion to reconsider an action already taken must be made by a member who voted with the prevailing side, which is the majority side except that in the case of a tie, the "nos" prevail. The motion must be at the meeting during which the original vote was taken, including any continuation of that meeting. The motion cannot interrupt deliberation on a pending matter but is in order at any time before final adjournment. If a motion to reconsider is adopted, the prior action taken by the Council is rescinded, and the matter is returned to the status that it had immediately before the priorvote was taken. The motion previously voted upon will once again be pending. 8.13 Motion to Rescind or Repeal. A motion to rescind or repeal an action previously taken is appropriate when the time for reconsideration has expired. A motion is not in order if rescission or repeal of an action is forbidden by law. 89. Keeping Record of the Meeting and Minutes 9.1 Keeping of Minutes. Minutes of each Council meeting shall be kept by the clerk or designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the clerk and can be accurately identified from the description given in the minutes. 9.2 Approvals. The minutes of each meeting shall be reduced to typewritten form, shall be signed by the clerk and copies shall be delivered to each Council member as soon as practicable after the meeting. At the next regular meeting following such delivery, approval of the minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the Council. If there is an objection, the Council shall vote on the addition or correction. If there are no additions or corrections, the minutes shall stand approved. 9.3 Publication. The clerk shall make available to the public within thirty (30) days of a regular or special meeting including the action on motions, resolutions, ordinances, and other official proceedings. Providing access to the minutes through the city's website shall meet the requirements under this subdivision. 9.4 Audio and Video Recording. All regular and special meetings of the City Council as well as work sessions will be recorded and televised and /or available for viewing via web streaming. Executive or closed sessions of the Council shall not be recorded unless required by Minnesota statute. 10. Voting Procedure 10.1 Voting. The votes of the members on any question may be taken in any manner, which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. If any member is present but does not vote, the minutes, as to that member's name, shall be recorded as an abstention. 10.2 Votes Required. A majority vote of all members of the Council shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases. 10.3 Failure to Achieve Required Votes. A matter that fails to achieve the required number of votes for passage, including a tie vote, is deemed denied. The Council members voting in opposition may state their reasons for the record. A matter is not deemed denied if the Council continues the matter to another Council meeting by a motion adopted by the same number of votes needed for passage. 11. Ordinances 11.1 Introduction. Every new ordinance or amendment to an existing ordinance will be introduced to the Council at a work session to get feedback and input. The Council can refer the matter to an advisory board or commission at this time. 11.2 Public Hearing. A public hearing on the ordinance or amendment to an ordinance is not required unless specified in City Code or State Law. The Council may, at its discretion, hold a public hearing. 11.3 Adoption. An ordinance can only be considered for adoption at the next meeting of the Council following the introduction of the ordinance. Unless otherwise specified by statute or existing ordinance, an ordinance or amendment thereto will be adopted by a majority vote of the Council. 11.4 Repeals and Amendments. Every ordinance and resolution repealing a previous ordinance or resolution, or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution, or part thereof shall set forth in full each amended section or subdivision as it well read with the amendment. 11.5 Publication. The Administrator shall ensure publication of the adopted ordinance. The Council mayauthorize publication of summary of the ordinance by resolution passed by a majority vote of the Council. 12. Committees 12.1 Committees Designated. Committees shall be appointed by the Council at the first regular meeting in January of each year. Appointment shall be done via consensus; however, if more than one member desires appointment to the same committee, the Council shall vote and majority shall determine the members to committees and commissions. 12.2 Referral and Reports. Any matter brought before the Council for consideration may be referred by the presiding officer to the appropriate committee or commission, or to a special committee or commission that the presiding officer appoints to prepare a written report and recommendation before it is considered by the Council as a whole. A majority of the members of the committee or commission shall sign the report and file it with the clerk prior to the Council meeting at which it is to be submitted. Minority reports may be submitted. Each committee or commission shall act promptly and faithfully on any matter referred to it. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 18 -043 A RESOLUTION SUPPORTING A RESPECTFUL WORKPLACE WHEREAS, the City of Shorewood is committed to promoting a positive work environment in which all employees, contractors, commissioners, appointed officials, and elected officials are treated with respect and dignity. WHEREAS, this Council holds itself, its appointed officials, commissioners, and employees to a high standard of conduct. WHEREAS, the City seeks to provide a professional atmosphere where personal and professional excellence is fostered. WHEREAS, the City finds effective policy and procedures, coupled with respectful workplace training, will assist in preventing harassment and supporting individuals who are being harassed to come forward, and ensure a problem is addressed quickly and effectively. WHEREAS, discrimination and harassing behaviors disrupt the workplace, are often unlawful, and detract from the productivity and effectiveness of city staff and officials in conducting the important work we do on behalf of our residents. WHEREAS, it is the City's expectation if someone is being harassed, he or she will be supported and treated with respect and the inappropriate behavior will be addressed. WHEREAS, the City will provide a reporting process and a means to address discrimination and harassment. WHEREAS, harassing workplace behaviors will not be tolerated, nor will retaliation for reporting a complaint or for participating in an investigation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: this Council supports a respectful workplace culture and will work to create a harassment -free environment for all employees, elected officials, appointed officials, and commissioners in the city. Passed by the City Council of Shorewood, Minnesota this 23' day of April, 2018. Scott Zerby, Mayor Attested: Sandie Thone, City Clerk oLans" ON , City of Shorewood Council Meeting Item 9C Title /Subject: Waterford Liquors Off -Sale Liquor License MEETING TYPE Meeting Date: Monday, April 23, 2018 Regular Meeting Prepared by: Sandie Thone, City Clerk Reviewed by: Brenda Pricco, Administrative Assistant Attachments: Resolution 18 -044 Policy Consideration: Shorewood City Code, Chapter 401 provides that no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit. New Liquor License: Off -Sale Intoxicating Liquor for Waterford Liquor LLC DBA Waterford Liquors: Shorewood City Code Chapter 401, Liquor Regulations provides for consideration of licensing establishments to sell on and off -sale liquor in the city limits. Background: The following establishment is requesting council consideration in issuing a new liquor license: Applicant Address License Palanisami Palanisami Waterford Liquor LLC DBA Waterford Liquors 19905 MN Hwy 7 1) Off -Sale Intoxicating Shorewood, MN 55331 The applicant, Palanisami Palanisami /Waterford Liquor LLC plans to purchase the business TL Shorewood doing business as Team Liquor Wine and Spirits currently located at 19905 Hwy 7 in Shorewood. Team Liquor's current liquor license will expire on May 31, 2018. The building (Waterford Center) is owned by Palanisami Palanisami who is currently leasing the space to Team Liquors. The applicant, Palanisami Palanisami, has successfully passed a background investigation performed by the South Lake Minnetonka Police Department, has successfully submitted all the required documentation, met the insurance liability requirements, submitted the required city licensing /investigation fees of $500 for new liquor license investigation fee and the $310 for the annual Off -Sale License. The applicant has met the preliminary State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement requirements as well. Once the city council has approved the license it will be forwarded to the State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement department who will perform a premises inspection pursuant to the requirements for obtaining a new liquor license issued in the state. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Financial or Budget Considerations: Licensing fees as set forth in the City's fee schedule have been duly collected. Recommendation /Action Requested: Staff respectfully recommends the city council approve Resolution 18 -044 Approving a New Off -Sale Intoxicating Liquor License effective upon the State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement approval for Waterford Liquor LLC DBA Waterford Liquors located at 19905 State Highway 7 in Shorewood. Motion, second, and simple majority vote required. Connection to Vision /Mission: Consistency in providing the community with quality public services and a variety of attractive amenities. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 18 -044 WATERFORD LIQUOR OFF -SALE INTOXICATING LIQUOR LICENSE WHEREAS, Shorewood City Code, Chapter 401 provides that no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit; and WHEREAS, in addition to the requirements set forth by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, Shorewood City Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill insurance coverage requirements and complete a successful background investigation; and WHEREAS, Waterford Liquor LLC DBA Waterford Liquors and owner Palanisami Palanisami has successfully completed the application process, satisfying the requirements as delineated above for the issuance of an off -sale intoxicating liquor license for the City of Shorewood, conditional approval will be granted for the period of one year, effective June 1, 2018 through May 31, 2019 and upon approval from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division certifying that the applicant has passed the new license inspection and met all criteria for approval by the State agency as well as being consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code. WHEREAS, Waterford Liquor LLC DBA Waterford Liquors and owner Palanisami Palanisami plans to purchase the business TL Shorewood, Inc. DBA Team Liquor Wine & Spirits currently located in the Waterford Center located at 19905 Highway 7 which Mr. Palanisami owns and leases to the current owner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the following license is issued to the applicant as follows is approved: Palanisami Palanisami 19905 MN Highway 7 Off -Sale Intoxicating DBA /Waterford Liquors Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 23rd day of April 2018. ATTEST: Sandie Thone, City Clerk Scott Zerby, Mayor #9D MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Public Notification system Meeting Date: April 23, 2018 Prepared by: Greg Lerud, City Administrator Reviewed by: Larry Brown, Director of Public Works; Julie Moore, Communications /Recycling Coordinator Attachments: Information sheet, quote Policy Consideration: Should the City use a public notification system to communicate emergencies, notices, and other important information to residents? Background: The city presently uses it's website, Facebook, Nextdoor, email, and door -to -door notice when informing residents of emergencies or other public information notices. The patchwork of the present system has several limitations, including; requiring residents to sign (Facebook, email, and Nextdoor); requires the residents to actively look for important information (website); door -to -door notice is time consuming and is not effective is the resident is not home. Staff has been searching for a system that meet three criteria: effectively reaches the residents, is easy for staff to use, and is reasonably priced. After searching, staff recommends Public - Alert, which is a local company. The Director of Public Works, Communications /Recycling Coordinator, and I have gone through the system webinar. I encourage you to visit the site at public - alert.com. In addition, I contacted three utility companies /cities that use the system and they all highly recommend it. For staff, the most important feature is the ability of anyone on staff to create a notice. For example, when public works is in the field and see a tree down across a road, the employee has the ability to create a notice from their tablet or smart phone in the field. That notice can immediately be sent city- wide or to a more localized area. Other potential uses include using the system provide notice of a watermain break, and then to let them know the progress of the work, or let people know when the plows are going to be out. Financial or Budget Considerations: The initial cost is $550. Additional alerts, if needed, are estimated to be less than $500.00 per year. The commitment is for one year. Options: Accept the proposal or decline the proposal and provide staff with other directions. Recommendation / Action Requested: Staff recommending accepting the proposal from Public - Alert. Next Steps and Timeline: Staff will work with Public Alert to get the contact information uploaded to their database to make the system operational. 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 Brenda Pricco From: Ryan Davis <ryan.davis @softlinedata.com> Sent: Tuesday, March 27, 2018 3:35 PM To: Greg Lerud Subject: Public Alert Council �Jc Igst to be added to the Council Mleetiri Agarzndg Public Alert, the Software from Softline Data, Inc. Please provide this for each member of the board! Security & safety is iimportaint to you and your iresidents. IPublic Alerts, whetheir it is a missing person, ground fire, sprinkling ban, sewer line break, Iboiill water allert or even a counciill meeting inotice. You wane to inform your residents of things that can chainge or affect everyday Iliving. That is what IPublic Allert is about. Softline Data, Inc. • 25 Years in Business -- .Serving Cities, Towns, Villages since 1080 Utility .Software - -We have developed billing programs in DOS, Windows & Web • Public Alert .Software -- Public -Alert software for emergency alert messaging . .Pr cJri Quote-- Please attach your quote to this form or call us for a new quote Guarantee -- Alerts free every year, unused alerts expire on calendar year. (See Quote) KEY POINTS CHECK LIST • Alerts can be sent by email, text messages or by voice message alert. • Answering machine or phone software compatible • Ability to attach files or images to emails, Newsletter, Photos, Calendar and Council Minutes. • Re -call to non - response voice messaging 3 times, 15 minutes apart. • Categories levels for alert importance emergency, notification or informational alerts. • Email alerts are free and do not count against your purchased alerts • Alerts that are not delivered are not counted against total alerts • Select by type of resident, street, route or even language • 800 line toll free and auto connect support. • Automatic data backup every night and each backup is kept for 30 days 1 • Available for after hours or weekend support • Android or iphone compatible, Use for power outage or internet failures. • Simple operation that allows completed alerts in 5 minutes or less. • Your utility database can be imported into Public Alert. • 24/7/365 alert access • Residents can update their own records In the coming year, don't let the ability to alert your residents to important or emergency information be unavailable or too late. 111° "III "III"i'D!1E !IE ISY QUIES "111' "'111 IISS " "III' "'III i "III" III ° °i', IIS III BEUN ISSS B!!tED, E !IE U'SUI ILLY III!TS DUI! 11111NG Y�YUI!!°' COUIISSIIIL E S" "III' "' III IIS Slit PLEASE CALL US (800) 657 -0880 Please call if you have any questions. Ryan Davis 1- 800 - 657 -0880 www.softlinedata.com (;Walert Softline Data, Inc. Your Quote publicalert @softlinedata.com This is a quote for the Public -Alert messaging software. This quote expires in 45 days on 05/11/2018. Utility: Shorewood, City Of Contact: Greg E -mail: glerud @ci.shorewood.mn.us Phone: (952) 960 -7095 City: Shorewood State: MN Zip: 55331 Households: 1001 -2500 The following quote includes: Comment Great talking to you Greg. Here is the quote for City of Shorewood included is the 8,000 alerts and you would get those alerts every year if you decide to renew. I also sent the Highlights /council request page and the references. Please call with any questions or if you would like me to do a webinar for anyone else. Ryan Davis 1- 800 - 657 -0880 ryan.davis @softlinedata.com • Upload of data from city database or utility database. • Daily backup of database for security. • Setup and installation of software w /usernames and passwords. • Unlimited users. • Ability to have different departments manage customized database. • Ability to create unique database criteria. • Resident opt out option. • Free email alerts. • Unused alerts are carried over 1 additional year. Limited Time Quote: Cost Alerts Public -Alert Software - Level 3 $ 750.00 Yearly Subscription: $ 750.00 If you would like extra time needed for presentation to board or council call Softline for a Quote extension (800) 657 -0880 * Weather Alerts are pulled from the National Weather Service and updated every 5 minutes Softline Data, Inc. (800) 657 -0880 Brenda Pricco From: Ryan Davis <ryan.davis @softlinedata.com> Sent: Tuesday, March 27, 2018 4:58 PM To: Greg Lerud Subject: Wrong quote price Sorry Greg the quote did not reflect the new price. You can cross that out and put $550.00. We haven't changed the website or quoting program to reflect the new prices for the levels yet. Thanks Please call with any questions. Ryan Davis Softlinedata Inc. 1- 800 - 657 -0880 ryan.davis@softlinedata.com #9E MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Authorizing Posting of Building Official Position Meeting Date: April 23, 2014 Prepared by: Greg Lerud, City Administrator Reviewed by: Marie Darling, Director of Planning Attachments: Job Description and notice Policy Consideration: Should the City authorizing advertising to replace the retiring building official? Background: Long -time Building Official, Joe Pazandak, has informed staff that he would like to retire. Planning Director Darling and I considered a couple of alternatives; primarily, hiring a company to provide the service. We also considered partnering with another city(ies) to hire an official. In addition, we met with EFD Fire Chief Gerber to discuss his concept of hiring building inspectors under the EFD to offer an alternative to member cities for inspection services. Joe has expressed a willingness to work with the city on a phased retirement approach. That will allow the ability to find candidates who may only possess a Limited Inspector license but could work to obtain the proper certification while working under Joe's license until he fully retires. For that reason, we are recommending that language be added to the job description and the notice that would allow an applicant specified a period of time to obtain their license. It is staff's opinion that the building official should be a Shorewood City employee. Further, staff believes that turning over control and responsibility for the building department functions to an outside agency or company is not in the city's best interest, particularly given the complexity of many of the properties and buildings in the City. Finally, we believe it is important to have someone at city hall who can provide service to residents who have questions about building requirements. There were 331 building permits (of all types) in 2017. There is a clear need to have an on -staff building official. The city contracts with MNSPECT to perform inspections, assist with rental inspections, and for coverage when Joe is on vacation. Looking back at billings over the past six months, the average service from MNSPECT is 25 hours per month, with a low of 16 hours in March and a high of 31 last September. There was also sentiment expressed in the recent comprehensive plan survey, as well as stated by the council, an interest in being more proactive in conducting nuisance inspections. Staff's view is that the building official position should be filled first, then There is a potential opportunity to work with another /other city /cities either through a joint powers agreement or a contract with the City of Shorewood to provide inspection services. Decisions about that can take place through or after the hiring process. If the council wants to consider a sharing 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 arrangement, staff will work on a proposal for council review. The experience for many cities is that the Building Official position is difficult to fill, so we are planning for a potentially lengthy hiring process. Financial or Budget Considerations: There would be some increase in expense for a new building official until Joe fully phases out on his retirement. There are sufficient funds in the general fund for that increased expense. Options: The City Council has broad authority for filling positions. The Council can approve staff's recommendation; request additional information about the alternatives, approve proceeding with an alternative, or reject advertising the position and give different direction to staff. Recommendation / Action Requested: A motion to approve the job description as submitted and authorize advertising for the open position. Next Steps and Timeline: Staff will publish and post notice of the opening. Staff will continue to evaluate potential sharing arrangements and report back at a future meeting. Connection to Vision / Mission: Protective inspections are a critical function of local government, and hiring a qualified individual is critical to providing the necessary expertise and level of service to city residents and businesses. crry O SHOR WOOD POSITION TITLE: DEPARTMENT: ACCOUNTABLE TO: OBJECTIVE AND SCOPE Building Official Protective Inspections Planning Director Administers laws and regulations related to building codes including enforcement of all building codes and ordinances and performs inspections of all building construction activities, nuisance complaints and zoning violations ESSENTIAL FUNCTIONS OF THE POSITION A. Administers building permit procedures 1. Administers building permit procedures, which includes providing information concerning building permit procedures and standards to residents, businesses, developers, architects, and others involved in building construction activities. 2. Works with residents, builders, architects, engineers, etc. to assist with pre - construction planning and to determine plan modifications necessary to comply with codes. 3. Establishes and maintains records of all building permit inspections. B. Review Building Plans 1. Review building plans for compliance with City building and related codes. 2. Determines charges for building permits and collects permit fees prior to issuance of permits. C. Perform on -site inspections 1. Performs on -site inspections for all building construction work, zoning violations, and nuisance complaints to determine code compliance. January 2013 1 D. Enforces building and related codes 1. Interprets building and related codes to determine applicability to specific building and development proposals. 2. Enforces building and related codes including receiving and investigating complaints concerning alleged building code violations and zoning code violations as directed by the Planning Director 3. Determines whether or not building code violations exist 4. Meets with violators to inform them of specific violations and necessary corrective measures, and issues Building Code violation notices when necessary. E. Capital Maintenance Planning 1. Long term budget planning for major facility maintenance and improvements. Major facilities include Public Works, City Hall, Park Structures, Community Center. Maintenance and Improvements include items such as furnace /ac /mechanical, roof, siding, stoops. 2. Identify routine maintenance for minor facility maintenance items and report to City Administrator. F. Assist City Engineer on projects as requested. 1. Provide assistance for items such as setup traffic controls, back -up inspection for erosion control, tree counting, obtain GPS locations, and other items as need arises. E. Performs other duties as apparent or assigned. EDUCATION and /or EXPERIENCE High School Diploma or equivalent with post - secondary course work in building inspection technology, architecture, engineering or related field. Minimum of two years related experience, experience in building construction trades; or equivalent combination of education and experience. OTHER KNOWLEDGE, SKILLS AND ABILITIES • Detailed knowledge of city standards and other applicable building codes and requirements. • General knowledge of computer operations and software programs, including Word and Excel. • Interpret building plans and specifications. • Considerable knowledge of methods, techniques, tool, materials and equipment used in building construction. January 2013 2 • Ability to read and interpret documents such as building material technical reports, and technical and procedure manuals. • Ability to prepare reports and correspondence. • Ability to review and interpret construction plans and documents. • Ability to maintain records, complete forms, and prepare reports. • Ability to communicate effectively with other staff, elected and appointed officials, consultants, regulatory agencies, contractors, media, and the general public. • Ability to make arithmetic computations using whole numbers, fractions and decimals. • Ability to compute rates, ratios and percentages. CERTIFICATES, LICENSES, REGISTRATIONS State of Minnesota Building Official Certification or Current Minnesota Building Official Limited Certification and ability to obtain Minnesota Building Official Certification within six months of employment Valid Minnesota Class D Driver's License In compliance with the American With Disabilities Act the following represents the Physical and Environmental Demands: The position requires an equal amount of time spent standing, walking, and sitting. Lifting, pushing /pulling, or carrying objects weighing up to ten (10) pounds is sometimes required. Climbing, stooping, kneeling, crouching, crawling, twisting, and bending are sometimes required. Repetitive movements of the hands are sometimes required. Audio, visual, and verbal functions are essential functions to performing this position. While performing the duties of this job, the employee frequently works in outdoor weather conditions and is occasionally exposed to fumes or airborne particles and toxic or caustic chemicals. January 2013 The City of Shorewood (pop. 7,400) is accepting applications for Building Official to manage the city's building department. Shorewood is predominately a residential community located on the south shore of Lake Minnetonka. Position is responsible for administering building codes and related regulations, plan reviews, performing inspections of all building construction activities as well as nuisance complaints and zoning violations. Must possess MN Building Official Certification, or Limited Certification with ability to obtain Official Certification within six months of hire; minimum two years related experience. Starting salary DOQ, 2018 salary range is $65,800 to $82,285. Position is open until filled, but first review of applications will begin May 30. Applications are available at Shorewood City Hall, 5755 Country Club Road, or at the city's website, www.ci.shorewood.mn.us. Contact Greg Lerud, Shorewood City Administrator, at (952) 960 -7905 for any questions. M ##10 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Report on Building Permits in the MCC Country Club and beyond Meeting Date: April 23, 2018 Prepared by: Marie Darling Reviewed by: Patti Helgesen Attachments: Map of development A total of 12 new construction permits have been issued in the Minnetonka Country Club (MCC). Four of the homes have a certificate of occupancy. Two of these homes are sales models (Cal Atlantic /Lennar model) and families are living in two dwellings (the original Mattamy model and one of the Gonyea homes). With the changes to Mattamy's corporate structure in Minnesota, permit issuance was slow during the 2016 -2017 time frame. With the sale of the lots to Gonyea Homes and CalAtlantic /Lennar, the City will be seeing an increase in the number of permits this year and in the future, until buildout. Year Number of Permits Builder 2016 1 Mattamy 2017 5 3 for Gonyea Homes, 2 for CalAtlantic /Lennar 2018 (to 4/10) 6 1 for Gonyea Homes, 5 for CalAtlantic /Lennar YTD 2018, six out of the eight total permits issued for new single - family construction were in the MCC subdivision and there are five additional permit requests for that development under review. 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