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08-26-19 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 26, 2019 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes from August 12, 2019 Minutes B. City Council Regular Meeting Minutes from August 12, 2019 Minutes C. Approval of the Verified Claims List Claims List D. Accept Improvements and Authorize Final Payment for Engineer Memo 2017 Street Improvements on Riviera Lane and Shorewood Lane, Resolution 19-076 City Project 17-04 E. Accept Planning Assistant’s Retirement and City Administrator Memo Authorize Advertising for position F. Approve hiring Andy Eslinger to Street Inspector position City Administrator Memo and Authorize Advertising for LEO Utilities position G. Approve Contribution for AIS Inspection at City Public City Administrator Memo Access on Christmas Lake H. Approve Mowing Contract for Enforcement Mowing Planning Director Memo Resolution 19-077 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS CITY COUNCIL REGULAR MEETING AGENDA – August 26, 2019 Page 2 A. Commissioner Vassar Report on 08-13-19 Parks Commission Meeting/Tour Minutes B. Authorize Change Order No. 2 for Badger Park Project, Planning Director Memo City Project 19-01 Resolution 19-078 7. PLANNING A. Commissioner Eggenberger Report on 08-06-19 Planning Commission Meeting Minutes B. Variance Application for Setbacks and Substandard Lot: Planning Director Memo 27120 Edgewood Road Resolution 19-079 8. ENGINEERING/PUBLIC WORKS A. Appeal of Work in Right of Way Request: 27100 Edgewood Road Engineer Memo Resolution 19-080 B. Approve Quote to Replace Culvert Crossing Engineer Memo On Lake Linden Drive Resolution 19-081 9. GENERAL/NEW BUSINESS A. Ordinance Amendment for Chapters 900, 1201 and 1202 Planning Director Memo Removing Bonds as an Acceptable Financial Guarantee Ordinance 569 Resolution 19-082 B. Accept Quote for Demolition of House at 5965 Grant Street City Administrator Memo C. Begin Process to Vacate Maple Ave Right-of-Way Planning Director Memo Resolution 19-083 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. July 2019 General Fund Budget Report Finance Director Report 2. Update on Sanitary Sewer Repair at Director of Public Works 19990 Sweetwater Curve B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, AUGUST 12, 2019 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Administrator Lerud; Finance Director Rigdon; Planning Director Darling; and Director of Public Works Brown. Absent: None B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Motion passed 5/0. 2. BUDGET Finance Director Rigdon stated that plans are to submit the preliminary budget to the County by the end of September and noted that it cannot be increased after that, but can be decreased. He stated that Truth in Taxation meeting is tentatively scheduled for December 2, 2019. He gave a brief overview of the proposed 2020 budget. He stated that the General Fund expenditures and transfers are budgeted for a 4.9 percent increase from 2019. He noted that the transfers include an increase for street improvement and a shift from capital equipment to park improvements. He gave an overview of the personnel related assumptions in the proposed 2020 preliminary budget. Councilmember Johnson asked if it was projected that the health insurance premiums would continue to increase approximately ten percent a year over the next ten years. Finance Director Ridgon stated that he was not sure and noted that it could increase higher than ten percent. He stated that there is always the possibility to look at other insurance carriers. Councilmember Siakel asked when the City had looked at other carriers. City Administrator stated that it was before he came to the City so it had been longer than three years ago. Councilmember Siakel stated that it may be a good idea to take a look because sometimes it is better to swap carriers back and forth to get better rates. Rigdon reviewed how the employer contribution works towards the insurance premiums. Rigdon stated that Public Safety makes up the largest portion of the City’s expenses followed by Streets and then General Government. He explained that property taxes were paying for 90 percent of the City’s operating costs. He stated that the City does not have a lot of other options for revenue other than the levy. He stated that there is a proposed use of almost $90,000 from the reserves in order to balance the budget. He stated that the City has planned to use reserves for this purpose for the last few years but noted that it has not had to happen because building permits have carried the City through. He stated that he is not planning on that happening this year and noted that he does not want to base an increase in the budget on something that the CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES August 12, 2019 Page 2 of 4 City does not have control over such as the building permits. He explained that if there was an economic turn over and building slowed or stopped, he did not want the City to be counting on that revenue for their operations. Rigdon stated that there are a few General Fund transfers that are in included in the budget. He stated that there is a proposed transfer of $70,000 for assistance with the operations at the Shorewood Community and Event Center as well as $32,300 to assist with building improvements. He stated that staff believes these transfers will be able to be lowered in the future but are suggesting that the City wait another year before analyzing the situation. He reviewed the Enterprise Funds and the utility rate increases. He gave an overview of the preliminary property tax levy and noted that they are proposing a net tax rate increase of 1.5 percent. He noted that there had been consistent increases in the taxable market value in the City. He reviewed the suggested property tax levy increase of 5.9 percent and gave examples of how that would affect the property taxes for homes in the City. He explained that staff is looking for feedback from the Council on the proposed levy increase. Councilmember Siakel stated that a 5.9 percent sounds like a huge number but when all the numbers are calculated, the overall impact is not much for the residents. Councilmember Sundberg agreed that the number sounds high so the City will have to communicate with residents what their final impact will be when all the numbers are calculated. Mayor Zerby stated that he is not sure how the City can lower this amount because he has looked at the budget and does not see anything he wants to remove from the budget. He stated that he feels what has been included in the budget is truly what is needed for the City. Councilmember Sundberg asked if part of the issue was that the City had lagged a bit on keeping up on the roads and now the City is trying to catch up a bit and paying for it on the back end. City Administrator Lerud stated that the transfer to the Street Fund will continue to increase over the next few years. He stated that the Public Safety and Elections expenses cannot be cut because those are outside of the City’s control and account for about thirty percent of the proposed levy increase. Councilmember Siakel stated that she would suggest staying with the proposed levy increase because the City can decrease it later but cannot increase it. She stated that the totals in the budget for streets have been difficult because the costs have changed so dramatically. She stated that a lot of things are out of the City’s control. She stated that there have been many years where the tax increase was only at one percent and noted that she believes the City only takes what is needed. Councilmember Sundberg stated that she is not in favor of short term cut backs because she believes that will just increase problems in the future. There was a consensus of the Council to hold the tax levy at 5.9 percent. Finance Director Ridgon stated that staff would also like feedback on the possibility of funding the Parks Capital Improvement Plan (CIP). He reviewed some examples of how the City can fund this area such as moving some of the money that was earmarked for the Equipment Fund to Parks and explained that the Equipment Fund has sufficient funds. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES August 12, 2019 Page 3 of 4 Councilmember Sundberg asked if what staff was proposing were ways to keep up with what is already in the pipeline for the Parks projects. City Administrator Lerud stated that this transfer would not fully fund the Park projects that are in the pipeline. Councilmember Sundberg asked about a Park Bond Referendum. Lerud explained a Park bond is a ballot question that would go on the November ballot and be voted upon by residents. A bond would allow the City to do a bunch of projects and then pay for them over time. He said it is just an option and not something staff is recommending. Councilmember Siakel asked what big-ticket items that were coming up in the Parks. Planning Director Darling stated that the larger projects are the Badger Park tennis courts and fencing, redevelopment of Southshore Park, playground rehabilitation in both Silverwood and Cathcart Parks and some trails. Councilmember Siakel stated that she is not sure the Southshore Park needs to be redeveloped right now. She stated that perhaps a decision needs to be made to finish some of the other projects in the City before taking on another redevelopment. Councilmember Johnson stated that he had an idea for that park that will be on the September Parks Commission agenda. Councilmember Labadie asked if there was any grant money available for Southshore Park if the City focused on hitting a different demographic, for example focusing on pickle ball rather than playground equipment. Lerud said he believes the City has been successful in pursuing grant money for projects but does not want to budget with the expectation that the grant monies will be coming in. He stated if the Council determines a project is needed, it should proceed regardless if there is grant money or not. Grant money would help defray the cost of a project – not determine if a project should be done. Councilmember Labadie stated that she agrees with Councilmember Siakel that perhaps the City leaves Southshore Park as is for now and finishes other projects in the City and then re-evaluate the situation. She asked if improvements to Manor Park Pond would be coming out of Park Funds. Lerud noted that the money pledged for the Manor Park Pond is from the excess fund balance. Councilmember Sundberg stated that she agreed with Councilmembers Siakel and Labadie that Southshore Park redevelopment could be put on hold while other projects are finished. Finance Director Rigdon gave an overview of the evaluation of the Enterprise Rates and explained that looking out ten years, the City has significant utility projects with significant infrastructure components to them. He stated that because the City wanted to know that there would be enough money when the time came for the projects, a study was conducted by David Drown Associates to provide a rate analysis. He stated that the analysis proposes a fairly significant increase in rates of 10 percent for water, 9 percent for sewer, and 3 percent for stormwater per year. City Administrator Lerud stated that the Council had discussed this at their retreat and agreed that this was where the City needed to go. He stated that staff just wanted to make sure that was still how the Council felt about the proposed increase in utility rates. Councilmember Sundberg stated that she has always wondered a bit about Eureka Road, Strawberry Lane and Grant Lorenz. Lerud explained that those projects will involve storm sewer and will be a challenging corridor. Public Works Director Brown gave an overview of what will be necessary for this area and reviewed some of the right-of-way issues. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES August 12, 2019 Page 4 of 4 Councilmember Siakel asked if there were any other ideas for how to manage the storm water and how the City can build revenue. She stated that she does not think the City has enough money coming into this area because she believes the need is probably more than what is on paper. Lerud stated that the reality is that the City is 97 percent residential and many of the other cities that have more robust storm water funding have much more commercial development to cover those costs. The Council talked about the changing demographics of some of the neighborhoods and the desire for trails and sidewalks. They discussed the possibility of partnering with Chanhassen and assessing the school district for sidewalk construction costs. Councilmember Johnson noted that there is a sliding scale for the water rate based on usage but noted that there is not one for sanitary sewer. He asked if that was something that the City could implement. Public Works Director Brown stated that the City could use a meter but the challenge would be forcing people that use well water to meter their usage. He stated that he believes there would be trouble applying it uniformly throughout the City. Councilmember Johnson asked if the City should consider a larger penalty for using, for example, forty thousand gallons of water per quarter. He asked how many households would fall into that category. City Administrator Lerud stated that staff can take a look at that breakdown and get the information back to the Council. Mayor Zerby noted that the most frequent things that he hears from residents are about storm water, drainage and roads. Councilmember Siakel stated that she also believes the watershed needs to be more involved and would like them to provide more financial assistance for some of these projects because they effect the watershed. City Administrator Lerud stated that the watershed has had some staff turnover and agrees that it is a good idea for the City to reach out to them and see if there are some areas the City can partner with the watershed on some of these projects. Public Works Director Brown suggested holding a work session between the City, Barr Engineering and the watershed. 3. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Work Session Meeting of August 12, 2019, at 6:50 P.M. Motion passed 5/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 12, 2019 7:00 P.M. 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 Johnson, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None B. Review Agenda Mayor Zerby noted that staff has asked that item 8.A. be moved to a future meeting. Labadie moved, Siakel seconded, approving the agenda as amended. Motion passed 5/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of July 22, 2019 B. City Council Regular Meeting Minutes from July 22, 2019 C. City Council Special Work Session Minutes of July 31, 2019 D. Approval of the Verified Claims List E. Accept Final Improvements, Authorize Final Payment, Boulder Bridge MCC Project, City Project 18-01 RESOLUTION NO. 19-075, “A Resolution Accepting Final Improvements and Authorizing Final Payment for the Boulder Bridge Motor Control Center Project, City Project 18-01.” Motion passed 5/0. 3. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 12, 2019 Page 2 of 8 Pat Niemi, 23895 Elder Turn, stated that she had owned this property since 1969 and explained that it is currently a rental property. She stated that there have been drainage problems that have taken about one-third of the yard and have caused some of their big trees to die. She stated she has written letters to the City in the past but this is her first time appearing before the Council to try to get some assistance in resolving the issue because this is the worst it has ever been. She stated that this problem is not just in her yard but many of the yards in the area have water and have large trees dying all around Mary Lake. She asked when the City would be doing something to fix the problem. She stated that this problem has been going on for years and started when the new homes were built at the end of Minnetonka Drive. Public Works Director Brown stated that Mary Lake has been pumped four times in the last twenty- three years. He stated that the City has looked at a way to come up with a permanent solution to pump the lake, but the alternatives were too expensive. He stated that because of the intense rain this year, they have set up a temporary pumping station from Mary Lake to Lake Linden with the hope it would buy the City time to let the lake naturally percolate. He noted that the lake has not needed to be pumped in the last few weeks and the water is receding, just not as quickly as they would like. Mayor Zerby stated that the City is pumping the lake but it is not keeping up with the amount of rain that has been falling. He noted that in the most recent newsletter from Minnehaha Creek Watershed they stated that this spring has been the fifth wettest spring on record. Ms. Niemi stated that this year is by far the worst it has ever been and noted that they lost a wood utility shed a few years ago because the water was up at least twenty feet. She stated that the City brought material to her driveway and a neighbor’s driveway in order for them to be able to access their garages. She stated that when she drove through the area earlier today, she noticed that now the blacktop is cracking and breaking. She stated that ten to fifteen feet of the cul-de- sac is covered in water and noted that there is a green telephone access box that was once on soil that has been under water for a few years. She stated that in order to get to the fence or the telephone box, you would have to walk through water up to your knees. She stated that pumping is not enough unless the City would like to start buying out properties to allow the lake to expand. She stated that this problem is very serious and hopes that the Council takes it seriously and does something before properties are lost. She expressed her thanks to the Council for listening. Mayor Zerby asked Public Works Director to look into the issue and present the Council with some possible solutions. Councilmember Siakel stated that it is her understanding that Mary Lake did not have a natural outlet, so whatever is there just collects there. Public Works Director Brown stated that was correct and noted that Lake Linden also does not have a natural outlet. Mayor Zerby asked if there could also be a way to determine what the water level should be at. Public Works Director Brown stated that there are tools available that help determine what the normal water line should be. Don Aslesen, 26055 Shorewood Oaks Drive, stated that he had contacted Councilmember Johnson about an article that was in the Lakeshore Weekly that talked about the Pledge of Allegiance and he suggested that he come before the Council. He stated that he would like to ask the Council to consider reciting the Pledge of Allegiance at the beginning of meetings out of respect to the flag and what it represents. He stated that many other cities in the area include the Pledge of Allegiance in their Council meetings and asked the Council to do some soul searching CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 12, 2019 Page 3 of 8 and consider it. He stated that the Pledge of Allegiance honors the flag, military service members, police, fire and emergency responders as well as the people in the community. Councilmember Sundberg thanked Mr. Aslesen for coming to the Council with this idea. She stated that she is a bit embarrassed to admit that it did not occur to her that the Council did not recite the Pledge of Allegiance. She stated that she is happy to include it in the meetings and noted that she was glad he included more than just the military because she thinks it falls under a civic responsibility and can serve as a reminder of that duty. 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS A. Laura Hotvet and Jen Weiss – Excelsior Chamber of Commerce Ms. Hotvet and Ms. Weiss gave an overview of the Lake Minnetonka Fourth of July Celebration. Ms. Weiss noted that the Firecracker Race is a tradition that has lasted forty-one years and that this year two thousand five hundred people participated which was a record. She stated that this is the only public fireworks over Lake Minnetonka and explained that the fireworks barge is in the City and the fireworks are deployed out of the City of Shorewood. She stated that the event partners with Shorewood businesses such as THN Enterprises and Shorewood Marina and Yacht Club for the barge. She reviewed the funding and noted that they fundraise for one-hundred percent of the budget and noted that it costs approximately ninety-thousand dollars to put on the event. She reviewed the area city contributions as well as a breakdown of cost per citizen. Mayor Zerby noted that the population numbers they have for Shorewood are wrong and should be about half of what they have listed. Ms. Weiss noted that they had gotten that number by looking on-line at the census information. She noted that the City is the only city that has achieved the Platinum Level in Sponsorship which means the City’s logo is on the event website, posters, postcards. She stated that the City logo is also on the banner that crosses Water Street and the day of event signage near the Ferris wheel. They noted that prior to 2015, the City had contributed five-thousand dollars annually but in 2015 increased the donation to seven thousand five hundred dollars. She reviewed some of the challenges facing the event since it is completely community funded. Mayor Zerby asked how much the Firecracker Run and the Bingo and Burgers by the Bay covered of the overall costs. Ms. Hotvet stated that it varies but the Excelsior Rotary Club is a huge fund raiser and believes that they donated twenty thousand dollars this year. She stated that she believes about $25,000 came in from the Firecracker Run. Councilmember Siakel stated that the discussion about the costs for the event started because of the presentation made by Community Education. She stated that residents had come forward and asked about the high cost of paying for a family to run the Firecracker Run. She stated that the City needs to look at expenses and noted that the number one cost to the City is Public Safety. She said that it raises the question of what the City is contributing to and noted that Excelsior on the Fourth of July looks very different now than it did five years ago. Councilmember Labadie stated that when Communication Education presented before the Council, they questioned them about where the money goes because they said that a portion of the money goes towards the fireworks. She stated that she expected that there would be a little CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 12, 2019 Page 4 of 8 bit more of an accounting for the finances at tonight’s presentation. She stated that as Councilmember Siakel mentioned, the run is borderline cost prohibitive if you have three or four children and want to the run the race. She stated that people want to know how much of their entry fees are going towards fireworks. She stated that she would have liked to have seen these numbers prior to the Fourth of July celebration. She stated that she wants to know exactly what the Council is giving the City money to and she is not convinced that she has a clear picture yet. She stated that the residents enjoy this event and it is great that the City is on the platinum level of advertising but noted that she did not think the City was giving its money in order to be on posters and flyers, but because residents enjoy the event. She stated that she thinks residents want more feedback than they are getting. She stated that she did want to compliment the grounds crew that was used after the event because they did a great job and you could hardly tell an event had happened. B. Curt Mackey, EFD Fire Chief EFD Fire Chief Mackey explained that the majority of the budget was prepared by his predecessor, and if he is not able to answer council questions tonight, he will get answers back to the council. He noted that the 2020 budget was presented to the Fire Board in late July and shows a budget of $52,407 which is a 2.95 percent increase for each city. He gave a brief overview of the proposed 2020 budget and noted that the primary reason for the increases are due to staffing and gave an overview of the details surrounding those costs. Mayor Zerby asked why there had been an increase of 300 percent for the part-time fire inspector hours. He stated that he does not believe the City has had that much growth. EFD Fire Chief Mackey stated that this position has been understaffed for several years and noted that he cannot speak specifically to Shorewood because he has only been on the job for five weeks. He stated that he can speak with the Fire Marshall to see how she calculated those hours specifically for Shorewood and get that information back to the Council. Councilmember Siakel stated that she thinks the issue is that the increases come to the City, but the benefits go to Excelsior. She stated that she believes the situation is becoming more and more unbalanced. EFD Fire Chief Mackey stated that they do run reports by city so he thinks it should be fairly easy to capture some of those numbers for the Council. Johnson moved, Siakel seconded, Approving the 2020 EFD budget, as presented. Motion passed 5/0. C. Mike Meehan, SLMPD Chief SLMPD Chief Meehan gave a brief overview of the 2020 budget and noted that there is a proposed increase of 3.6 percent for their total operating budget. He explained that there was $92,000 in unspent funds from the 2018 operating budget that was reinvested into the 2020 budget in order to bring the overall increase of contributing cities to 2.1 percent. He stated that the increase will primarily cover salaries and wages as part of the implementation of a new pay philosophy that resulted from a study the department conducted this past year. He stated that the hope is that it will help guide both recruitment and retention for the future of the department. Mayor Zerby stated that he is very pleased with SLMPD Chief Meehan’s budgeting abilities and what he has put forth for the last few years. He stated that he believes the payroll study was a good idea. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 12, 2019 Page 5 of 8 Councilmember Siakel asked for SLMPD Chief’s opinion on the speed bumps at Birch Bluff Road and Pleasant Avenue. She said that she has been getting calls about them and has been telling people that those were put in by Tonka Bay, not the City. SLMPD Chief Meehan stated that he believes that the jury is till out on their effectiveness. He stated that he does not believe there has been enough data gathered yet, but it is difficult to capture data in real world situations because it does not exist in a vacuum. He stated that there have been some angry residents that have pulled up the temporary speed bumps and threw them in the swamp as well as a few cyclist accidents including one that was quite serious. He stated that he thinks the neighborhood is pleased with them, but noted that he is personally not a big fan of them. He noted that if there continues to be an increase in temporary speed bumps throughout the community, it will affect the police department’s response time and their ability to get places quickly. He stated that it may be better to attempt to gather data when school is back in session because he thinks there is some existing baseline data that it can be compared to. Councilmember Johnson asked if EFD Chief Mackey had any comments on the speed bumps and their effect on response times. EFD Chief Mackey stated that he would echo SLMPD Chief Meehan’s comments. He stated that they have responded to a number of pedal bike incidents in these areas and one was quite severe. He stated that speed bumps are hard on their apparatus. He stated that he had taken pictures of all the speed bumps and sent them to Hennepin County ambulance service and asked them to distribute it to their drivers because the ambulance hit them hard when they responded to the pedal bike incident because they did not know they were there. SLMPD Chief stated that they have also seen complaints about vehicles driving into yards to go around and avoid the speed bumps. He stated that residents were putting debris in the right-of- way as a way to step this, which puts the City at liability so they have to go and have the residents remove the debris. Councilmember Sundberg asked about the frequency that the fire and police departments were being called to the senior living facilities. SLMPD Chief Meehan stated that he cannot give an answer tonight but can certainly gather that data and get it back to the Council. He stated that off the top of his head, he thinks the calls to the senior care facilities may be a little bit more robust than they had anticipated and believes the majority of the calls are for medical assistance. He stated that at the non-assisted living facility they do help with lift assists because it would be the same as an apartment building. He explained that in an assisted living facility the facility staff would be responsible for those services. Councilmember Sundberg stated that she knows some communities are having huge issues with this type of thing. SLMPD Chief Meehan stated that lift assists are a bit problematic because they do see more than in the past and they are also seeing heavier people, so the department runs the risk of worker’s compensation injuries when they are lifting the large people without enough help. He stated that it often leads to a call to the fire department which brings more people to lift but expends a lot of resources on a non-emergency call. EFD Chief Mackey stated that he thinks the fire and police department have a good relationship and the thought process with the larger patients is to not risk an injury to the ones responding. He stated that he does believe it is a bit of a slippery slope because ultimately anyone who has fallen down needs some type of response because you do not know the extent of the injury. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 12, 2019 Page 6 of 8 stated that he thinks these facilities do not want the liability for their staff to just go in and pick someone up who has fallen so it turns into a 911 call. SLMPD Chief Meehan stated that sometimes it is hard to know if they should be there or not, but he believes that if you are in the business of caring for people and they fall, that should be part of your business operation. He noted that the calls are not always for when people are down on the floor, sometimes they are called to assist them in the restroom or sometimes they are in a private home and are stuck in their chair. Councilmember Sundberg stated that she agrees with SLMPD Meehan that some of these facilities are shirking their responsibilities. Councilmember Labadie thanked both the Fire and Police Department for sending people out to the neighborhoods for National Night Out. She stated that it is not just the neighborhoods with children that enjoy this event. She noted that her neighborhood was able to see the transport vehicle that is used by S.W.A.T. and there were twenty adult neighbors that gathered around and asked questions. Johnson moved, Sundberg seconded, Approving the 2020 SLMPD Proposed Budget. Motion passed 5/0. SLMPD Chief Meehan expressed his appreciation to the Council for their continued support and stated that it is felt all over the department. 6. PARKS A. Request for Cathcart Hockey Boards Painting Event Funding Planning Director Darling explained that the Parks Commission has been concerned about the appearance of the hockey boards at Cathcart Park. She stated that her predecessor had looked into alternatives of replacing the wooden boards with something more attractive, but that was cost prohibitive. She noted that replacement of the boards is included in the CIP for 2021. She stated that one of the Commissioners had seen another community paint the boards which greatly improved the appearance. She noted that Tonka Bay painted their hockey boards earlier this year using volunteer labor. Staff put together some costs for the City to hold their own volunteer labor painting event. She stated that they are estimating that the total cost for the project will be around twelve hundred dollars. She explained that she has some leftover grant money that could help pay for this which would bring the cost down. Councilmember Johnson asked City Attorney Keane if there would be any concern regarding liability for having volunteers do this type of work. City Attorney Keane stated that assuming that customary safety precautions would be in place, and the volunteers would not create additional risks to others that are enjoying the park, it should not cause any liability concerns. Councilmember Sundberg asked if the plan was to also paint the inside of the hockey boards. Planning Director Darling stated that it was proposed to paint both the inside and the outside of the hockey boards. Councilmember Johnson stated that the insides are usually painted and noted that the pucks hitting the inside of the boards will leave a mark, but that is expected. He asked if the hockey association had been invited to participate in this volunteer activity. Planning Director Darling noted that it had been advertised in the City newsletter but she had not contacted the hockey association and asked them about volunteering. Councilmember Johnson suggested that the City “volun-tell” the hockey association to be involved. Councilmember CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 12, 2019 Page 7 of 8 Labadie asked if there was an age restriction on the volunteers and asked if kids would be allowed to volunteer. Planning Director Darling stated that she would think older kids could certainly help with the roller and brush painting but not use the power equipment. Councilmember Labadie stated that she thinks that should be specified in the advertising and noted that she believes that volunteer hours for this could qualify for volunteer hours for the Presidential Volunteer Award. She stated that she thinks this would be a great event that the schools would support. Councilmember Siakel stated that it also may be something that the Boy Scouts may be interested in. Siakel moved, Johnson seconded, Approving the Request for Funding for the Cathcart Park Hockey Board Painting Event. Motion passed 5/0. Councilmember Labadie suggested alerting the newspaper in order to get some positive press coverage. 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Accept Proposal for Professional Services, AE2S SE Well and Filter Plan PLC Replacement, City Project 19-07 Public Works Director Brown explained that the Programmable Logic Controller (PLC) is a computer that controls the well, chemical treatment, the water filtration system and the water reclamation system. He stated that the proposal submitted by AE2S, is from the same company that the City worked with on the Boulder Bridge project. He stated that the proposal is under the budgeted amount and staff recommends approval. Mayor Zerby stated that here have been a few comments recently about discolored water and asked if that was out of this well house. Public Works Director Brown stated that discolored water is a very common phenomenon and can sometimes come from an infiltration system inside the home. He explained other instances for discoloration such as low usage of water or times of use that are heavier, such as when everyone starts up their irrigation systems at the same time in the spring. Johnson moved, Siakel seconded, Accepting the Proposal for Professional Services, AE2S Well and Filter Plan PLC Replacement, City Project 19-07. Motion passed 5/0. 9. GENERAL/NEW BUSINESS - NONE 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Date of First City Council Meeting in September City Administrator Lerud stated that in previous discussions some of the Councilmembers noted that there would be some conflicts with the planned Council meeting on September 9, 2019. He stated that an alternate date that has been proposed is Thursday, September 5, 2019. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 12, 2019 Page 8 of 8 Johnson moved, Siakel seconded to move the first Council meeting in September from September 9, 2019 to September 5, 2019. Motion passed 5/0. Other Director Brown stated that the Public Works crews continue to take on the patching work and noted that they hope to be out on the islands next week working on patching. He noted that crews will be out patching until the snow comes, but after the islands, some of the crews will shift to working with Davey Tree to take care of some of the tree issues around the City. He stated that they will also begin conducting stormwater inspections and cleaning of the sanitary sewer mains as required by the insurance carrier. Mayor Zerby noted that there had been a few potholes around the Christmas Lake area that have been there for a while that Public Works may want to take a look at. Planning Director Darling stated that the last set of park tours will be August 13, 2019. She noted that there has been some difficulty working with the foundations for the Badger Park picnic shelter. He stated that if it is determined that a new foundation design is necessary that would increase the costs of the shelter by over fourteen thousand dollars. She explained that Building Inspector Pazandak has been working between the construction company and the foundation designers to find some other alternatives. She stated that she should be able to present this information at the next Council meeting. City Administrator Lerud asked the Council what direction they would like to go with regard to the Chamber of Commerce request for funding for the Fourth of July event. Councilmember Johnson stated that he is comfortable with the amount the City has contributed in the past. There was consensus to keep the donation amount the same as in the past. B. Mayor and City Council 11. ADJOURN Sundberg moved, Labadie seconded, Adjourning the City Council Regular Meeting of August 12, 2019, at 8:16 P.M. Motion passed 5/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: August 26, 2019 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid Background: Claims for council authorization. 65622  65648 & ACH 386,462.11 Total Claims $386,462.11 We have also included a payroll summary for the payroll period e August 18, 2019. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide servi budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay t expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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Improvements identified in the 2018 Street and Utility Improvement Project included reconstruction of the existing bituminous streets along Shorewood Lane, Riviera Lane and Mann Lane meeting City design standards with concrete curb and gutter, storm sewer, and minor sanitary sewer improvements related to reduction in inflow and infiltration into the system. Additional improvements included extension of watermain along Yellowstone Trail, Riviera Lane, TH 7, and Lake Linden Drive. Midwest Civil Constructors, LLC has completed the scheduled work in general conformance with the Contract documents and has requested final payment. The City Engineer has determined that the project is complete and final payment is appropriate. Midwest Civil Constructors, LLC has submitted the two-year Maintenance Bond, Minnesota Form IC-134 Withholdings Affidavit, lien waivers and the signed request for final payment. A Resolution Accepting Improvements for the 2018 Street and Utility Improvement Project, City Project 17-04, and Authorizing Final Payment is included for Council consideration of approval. The approved contract amount awarded to Financial or Budget Considerations: Midwest Civil Constructors, LLC was $1,708,509. The final construction cost, including change orders, is $1,869,704.45 (approximately 9.4% over the awarded amount). Increased project cost was due to the addition of services and lateral stubs along Yellowstone Trail and upsizing the water services from one-inch service to one and one- half-inch services to provide additional capacity along Riviera Lane. Since installing the 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 watermain, 11 residents have opted to connect into the system and 3 residents on roads off of Yellowstone Trail have inquired about availability of water. $19,611.94 The amount remaining for payment with Payment Request No. 8/Final is . Recommendation / Action Requested: Staff recommends approval of the Resolution Accepting Improvements for the 2018 Reconstruction of Riviera Lane, Mann Lane and Shorewood Lane, and Watermain Extension along Yellowstone Trail (Club Valley Road to Riviera Lane), Riviera Lane, State Highway 9 (Riviera Lane to Lake Linden Drive) and Lake Linden Drive (State Highway 7 to 6140 Lake Linden Drive), City Project 17-04 and Authorizing Final Payment to Midwest Civil Constructors, LLC in the amount of $19,611.94 . CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTIONS 19- A RESOLUTION ACCEPTING IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT FOR THE 2018 RECONSTRUCTION OF RIVIERA LANE, MANN LANE AND SHOREWOOD LANE, AND THE WATERMAIN EXTENSION ALONG YELLOWSTONE TRAIL (CLUB VALLEY ROAD TO RIVIERA LANE), RIVIERA LANE, STATE HIGHWAY 7 (RIVIERA LANE TO LAKE LINDEN DRIVE) AND LAKE LINDEN DRIVE (STATE HIGHWAY 7 TO 6140 LAKE LINDEN DRIVE) CITY PROJECT 17-04 WHEREAS , the City of Shorewood Council awarded the contract for the 2018 Street and Utility Improvement Project (City Project 17-04), on June 25, 2018 to Midwest Civil Constructors, LLC of Shakopee, Minnesota; and WHEREAS , the Contractor has completed the project work and has requested City acceptance of the project and final payment for the work performed and documented to date; and, WHEREAS , the City Engineer has made final inspection of the project and recommends acceptance and final payment be made by the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: The City hereby accepts the work completed pursuant to said contract and authorizes final payment to the Contractor, and all warranties shall commence as of the date of completion, May 20, 2019. Passed by the City Council of Shorewood, Minnesota this 26 th day of August, 2019 Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2E Title/Subject: Planning Technician Position MEETING Meeting Date: August 26, 2019 TYPE Prepared By: Greg Lerud, City Administrator REGULAR Reviewed By: Marie Darling, Planning Director Attachments: Job Description, Position Announcement Background: After 36 years of service to the City of Shorewood and its residents, Patti Helgesen has given her retirement notice. The resignation is effective November 15, 2019. Staff has reviewed the position description and updated where needed. In addition, staff proposes that the position be made a full-time position. Helgesen worked 32 hours per week. Financial or Budget Considerations: The 2019 salary range for this position is $28.20 to $35.25, and the 2020 budget reflects the cost of this position being full-time. Recommended Action: Motion to approve the job description and authorize posting the position opening. 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 _______________________________________________________________________ POSITION TITLE: Planning Technician DEPARTMENT: Planning Department ACCOUNTABLE TO: Planning Director _______________________________________________________________________ OBJECTIVE AND SCOPE Assists in the administration of the Comprehensive Plan and enforcement of the City Zoning Ordinance and building codes. Maintains records of building permits, related reports, and the Rental Housing Code. ESSENTIAL FUNCTIONS OF THE POSITION A.Planning 1.Provides information, education, interpretation and enforcement of zoning laws, standards, policies and procedures to residents, businesses, developers, contractors, architects, city staff and others involved in the use or development of property. 2.Prepare Planning Commission meeting agendas. 3.Prepare legal notices of Planning Commission public hearings, and comply with State Statutes and local ordinances regarding publication of notices in official newspaper, and mailing to affected residents. 4.Reviews zoning and planning applications and prepares reports for the Planning Commission and/or City Council, under the direction of the Planning Director. 5.Collect, assemble, and distribute agenda packets for Planning Commission in both hard copy mailing, e-mail, and Laserfiche. 6.Monitor and edit Planning Commission minutes as needed. 7.Research Ordinances and conduct surveys of other communities as directed by Planning Director. July 2019 1 8.Conduct special projects as assigned by Planning Director. 9.Provide GIS services to the Planning Department and other City departments as requested by the Planning Director. Prepare and maintain updates to Land Use Maps, site location maps, zoning, and other documents as needed. 10.Assign addresses/street numbers to newly created parcels and lots and maintain updates to half-section maps. 11.Provide information on Zoning District and Flood Zone inquiries. 12.Maintain accounting Escrows and Letters of Credit. Prepare Escrow Agreements, provide for their execution, and reimbursement. 13.Responsible for data entry and maintenance of property management data base. 14.Process memos and reports as directed by Planning Director. Maintain correspondence file. 15.Write routine correspondence and reports such as memos, inquiries, and status/activity reports and keep handouts for the public up-to-date. 16.Maintain the log of planning applications and permanent storage of planning files. 17.Attends occasional Planning Commission and/or City Council meetings or otherwise assumes Planning Director duties in the absence of the Director. B.Building 1.Provide information concerning building permit procedures and standards to residents, businesses, developers and others involved in building construction activities as directed by Building Official. 2.Maintain data base of all building permits. 3.Prepare reports on monthly, and quarterly basis, to regional State and Federal agencies. 4.Receive complaints of City Code violations and arrange for, or conduct, investigation, prepare notices, and follow-up toward their resolution. Maintain files and log of all current enforcement activities. 5.Work with the Building and Planning staff in the administration of the Rental Housing Licensing program, including preparation of licenses, notices, and other correspondence to rental landlords to ensure compliance with the Code, as necessary. C.Performs other duties as apparent or assigned. July 2019 2 EDUCATION and/or EXPERIENCE Bachelor’s Degree in Urban Planning or related field required and a minimum of three (3) years related experience preferred; or equivalent combination of education and experience. Occasional attendance of workshops and seminars on Zoning and Land Use Laws is expected. OTHER KNOWLEDGE, SKILLS AND ABILITIES  General knowledge of computer operations and software programs, including Word, Excel, Powerpoint and desk-top GIS.  Ability to interpret plans and specifications for construction projects.  Thorough knowledge of state and federal regulations, policies and procedures which apply to urban planning and zoning.  Ability to use scales, light meters, sound meters, and other typical equipment.  Ability to interpret various municipal maps and plans.  Ability to make arithmetic computations using whole numbers, fractions and decimals.  Ability to compute rates, ratios and percentages.  Ability to read and interpret documents such as laws, ordinances, codes, rules, regulations documents and procedure manuals.  Ability to prepare reports and correspondence.  Ability to maintain records, complete forms, and prepare reports.  Ability to provide verbal or written interpretation of City Codes.  Ability to communicate effectively with other staff, elected and appointed officials, consultants, regulatory agencies, contractors, media, and the general public. CERTIFICATES, LICENSES, REGISTRATIONS Valid Minnesota Class D Drivers 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 ten (10) pounds is sometimes required, with a maximum of thirty (30) pounds infrequently 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. July 2019 3 The City of Shorewood (pop. 7,400) is accepting applications for Planning Technician. Shorewood is predominately a residential community located on the south shore of Lake Minnetonka. Position is responsible for providing information and interpretation of zoning laws, and managing programs and information for the Planning Department, which consists of planning, building, rental house and code enforcement. Must possess a bachelor’s degree in Urban Planning or related field and three years of related experience. Starting salary DOQ, 2019 salary range is $58,656 to $73,320. Position is open until filled, but first review of applications will begin September 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. City of Shorewood Council Meeting Item 2F Title/Subject: Appointing Andy Eslinger to Street Inspector Position Meeting Date: August 26, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Larry Brown, Director of Public Works REGULAR Background: At the May 28 council meeting, the City Council approved the position description for Street Inspector/Construction observer and authorized posting notice of the position. The city received nine applications and we are pleased to recommend current employee Andy Eslinger be appointed to the position. Andy has been with the city for two years as a Utility Operator and he possesses surveying experience. The appointment is proposed to be effective November 11. Because this is an internal appointment, the City will have to post notice of the Utility Operator position. We are required by union contract to post that opening internally for ten days. It is our hope that we can promote an internal candidate. Financial or Budget Considerations: This position is included in the 2020 budget. Staff will work with the engineering firm through the transition to the Inspector being a city position. Recommended Action: Motion to appoint Andy Eslinger to the position of Street Inspector/Construction Observer at an annual salary of $32.59 and a six-month probationary period. A second motion to authorize posting notice of the Utility Operator vacancy internally pursuant to union contract, and to authorize staff to post whatever vacancy exists following the internal notice period. Next Steps and Timeline: Staff will post the notice of the position internally and then externally if necessary. 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 Council Meeting Item 2G Title/Subject: AIS Inspection at Christmas Lake Public Access Meeting Date: August 26, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Background: At the June 24 work session, the council heard from Joe Shneider, representing the Christmas Lake HOA about their efforts to control AIS in Christmas Lake. The City and the HOA have a long relationship working together to provide boat inspection and decontamination at the city public access. The inspection effort costs approximately $78,000 annually, with the HOA paying about half the total cost. At the meeting, Shneider requested a donation from the city to help offset some of the program costs. The city is a conduit for AIS prevention grant funds from the MCWD and Hennepin County, and the city contributed $5,000 toward the inspection/decontamination project in 2018. Financial or Budget Considerations: The City budgeted $5,000 in the 2019 budget for AIS control on Christmas Lake. Recommended Action: Staff recommends a motion to approve a $5,000 contribution to the AIS effort on Christmas Lake through the Christmas Lake HOA. 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 #2H MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Approve Mowing Contract for Enforcement Mowing Meeting Date: August 26, 2019 Prepared by: Marie Darling, Planning Director Attachments: Resolution Authorizing Contract Contract Background: This year the complaints for tall grass and tall weeds have flooded in to City Hall. To date, all of the property owners respond to notifications to mow. Eventually, non-compliance could put a burden on City staff to mow properties when property owners fail to do so. Due to the wet winter, spring and summer, the public works staff is busier than ever filling potholes, responding to drainage issues and conducting regular maintenance on City facilities. To address nuisance properties in a timely fashion, staff approached three landscaping companies to complete mowing when property owners fail to comply. One firm was willing to complete the required mowing. A contract staff authored, signed by Mangold Horiculture is attached. At present, staff do not have any property owners that haven’t responded, but more complaints have continued to be submitted within the last week. All property owners are given a minimum of 10 days to respond. Financial or Budget Considerations: The cost of the mow would be assessed to the property. Recommendation / Action Requested: Staff recommends approval of the attached resolution authorizing City signature on the contract. Action on the resolution requires a simple majority. 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. RESOLUTION NO. 19- CITY OF SHOREWOOD A RESOLUTION APPROVING A CONTRACT FOR ENFORCEMENT MOWING AND AUTHORIZING STAFF TO SIGN THE CONTRACT WHEREAS , Tall grass and weeds over 12 inches in height are deemed a nuisance by City of Shorewood (“City”) Code Section 501.04 Subd 8. d. WHEREAS , the City requested estimates from three firms to provide mowing services for properties that fail to respond to violation notices in a timely fashion and one firm responded; and WHEREAS , the City contacted three firms and one (Mangold Horticulture) responded; and, WHEREAS, the City Council reviewed the contract on August 26, 2019 at a public meeting. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood, Minnesota approves a contract with Mangold Horticulture to provide mowing services for nuisance properties. FURTHER, THE CITY COUNCIL HEREBY AUTHORIZES and directs staff to execute the contract with Mangold Horticulture for and on behalf of the City of Shorewood for the remainder of 2019. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 2019. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk ND CITY OF SHOREWOOD 26655 WEST 62 STREET PARK COMMISSION MEETING CATHCART PARK TUESDAY, AUGUST 13, 2019 6:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 6:03 p.m. A. Roll Call Present: Chair Mangold, Commissioners Hirner, Vassar, Rock and ; GallivanCity Planning Director Darling; Public Works Director Brown; Public Works Supervisor Baumann; Park and Rec Coordinator Grout, Councilmember Johnson B.Review Agenda Rock moved to approve the agenda. Hirner seconded the motion. Motion carried 5-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of July 9, 2019 Hirner moved to approve the minutes of the July 9, 2019 meeting as written. Gallivan seconded the motion. Motion carried 5-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. Determine Liaison for September, October and November City Council Meetings Liaisons to the following City Council Meetings: rd September 23 – Commissioner Hirner th October 14 – Commissioner Gallivan th November 25 – Commissioner Vassar th January 13 – Commissioner Rock 5. OLD BUSINESS No old business to report. 6. STAFF AND LIAISON REPORTS / UPDATES A. City Council Councilmember Johnson gave a brief overview of the August 12, 2019 Council meeting. He brought up to the Park Commissioners that maybe they would want to sell South Shore Park to PARK COMMISSION MINUTES TUESDAY, AUGUST 13, 2019 2 PAGE 2 OF help fund park development projects in other parks. Staff would need to see if the park was gifted to the city before anything could be done with the property. It was suggested that the community gardens could be relocated to Manor Park in an underused location. Public Works Director mentioned that maybe they could do an administrative subdivision and keep the community gardens where they are now. The Park Commission asked that this be brought back for discussion at the September park meeting. B. Staff Planning Director Darling gave an update on the construction at Badger Park. 7. CATHCART PARK  Public Works Director Brown updated the Park Commissioners that he requested to meet with Chanhassen engineer regarding drainage on the western edge of Cathcart.  Players bench has sharp edge  Parking has not been a problem this year  Clover patch has been removed  th Hockey boards will be painted. Painting party on Saturday, September 28. GIDEON GLEN  Gravel trail tends to wash out  Prairie burn will be taking place soon BADGER PARK  Playground will be installed in September  Number of trees cracked on back side of trail – corner of Lacrosse field  Grading along trail will be done  Install a sign showing how many laps it takes for a mile Commissioner Hirner mentioned that Minnetonka Baseball Association (MBA) would like to have lights at Freeman Fields. MBA would contribute funds. Public Works Director Brown suggested that if lights are installed that enough capacity be installed so if in the future all three fields could have lights. Commissioner Hirner also asked if more gravel could be put in the parking lot at Freeman Park. 8. ADJOURN Rock moved to adjourn the Park Commission Meeting and Park Tour of August 13, 2019 at 7:04 p.m. Vassar seconded the motion. Motion carried 5-0. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, AUGUST 6, 2019 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gault and Riedel; Planning Director Darling; and, Council Liaison Siakel Absent: Commissioner Gorham 1. APPROVAL OF AGENDA Chair Maddy asked for there to be an item added to the agenda to update the liaison schedule for reporting to the Council. Planning Director Darling stated that it will be added under Other Business. Riedel moved, Eggenberger seconded, approving the agenda for August 6, 2019, as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES  July 2, 2019 Gault moved, Maddy seconded, approving the Planning Commission Meeting Minutes of July 2, 2019, as presented. Motion passed 2/0/2 (Riedel and Eggenberger abstained). 3. PUBLIC HEARINGS 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 application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – ZONING CODE TEXT AMENDMENTS REMOVING BONDS AS PERFORMANCE GUARANTEES Chair Maddy opened the Public Hearing at 7:04 P.M. noting the procedures used in a Public Hearing. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2019 Page 2 of 6 Planning Director Darling explained that this is a draft ordinance that removes bonds as an acceptable financial guarantee for developers with performance agreements or development contracts. She stated that bonds have become very difficult to seize when developers fail to perform so the City is looking for cash deposits or letters of credit which are much easier to use when needed. She noted that these proposed changes are simply housekeeping and proactive, rather than a reaction to a particular incident with a developer. Staff is recommending approval of this amendment. She explained that staff is recommending this same change over a number of sections of city code, but the Planning Commission must review changes to the Zoning Code text. Commissioner Eggenberger asked why a developer would want to use a bond rather than the cash or letter of credit. Planning Director Darling stated that bond are cheaper alternatives than the other options. Commissioner Eggenberger asked when the proposed change would take effect and if the developers would be given warning ahead of time of the deadline. Planning Director Darling stated that staff has already been using mostly letters of credit and cash deposits with developers. Commissioner Gault asked about the dollar amount guidelines in the City Code because some of them don’t say anything. He suggested that every instance be given an amount because there is inconsistency in the language throughout the Code. Planning Director Darling stated that this guarantee is for all the outstanding improvements and there is a requirement that their engineer give the City a list of all the outstanding improvements with a dollar amount attached to each item. She stated that then the City Engineer will look it over and make sure it is consistent with the proposed improvements. Commissioner Gault reiterated that he would like the language to be consistent and feels that will also make the Code more enforceable. He stated that he also thinks this would give more flexibility to the City to ask for more money if the condition is warranted. Commissioner Eggenberger suggested more generic language such as “in an amount to be determined by the City” so there isn’t a problem with numbers being too low or too high. The Commission discussed removing self-storage facilities from this section. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:17 P.M. There being no public testimony, Chair Maddy closed the Public Hearing at 7:17 PM. Riedel moved, Eggenberger seconded, recommending approval of ORDINANCE 569, “An Ordinance Approving an Amendment to Chapters 90, 1201 and 1202 of City Code to Remove Bonds as an Acceptable Financial Guarantee, AND removing the Self-Storage facility provision because it is redundant; cleaning up the language to remove dollar amounts; add language that more clearly reflects that the amount will be determined by the City; and that the word “Bond” be replaced by “Performance Guarantees”. Motion passed 4/0. 4. OTHER BUSINESS CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2019 Page 3 of 6 A. VARIANCE TO BUILD ON A SUBSTANDARD LOT AND SETBACK VARIANCE Applicants: Mike Schlangen Location: 27120 Edgewood Road Planning Commissioner Darling stated that the applicant is proposing to demolish the existing home, detached garage and shed and construct a new home with an attached garage. She explained that the new home would be three feet, three inches from the east property line, five feet from the west property line and the side-yard setback would be eight feet, three inches. She stated that the applicants are proposing that their mechanical equipment would be located along the west property line as well as a sidewalk that could connect their deck to the street side of the house. She reviewed the existing setback requirements and noted that the applicant has stated that the proposed plans would reduce the impervious surface on the property. Staff has reviewed this request and found that practical difficulties exist because of the size and shape of the lot. She explained that the applicant could not construct a home that would meet the required setbacks. She stated that with the conditions listed in the staff report as well as some additional information the engineers have requested, staff is recommending approval. Commissioner Riedel asked about easements for public utilities. Planning Director Darling stated that there were none granted when this property was subdivided. She explained that the property was originally created in 1881 and then further subdivided later to create this parcel as well as a few others in the neighborhood. Commissioner Gault asked about the drainage flow because it looks like it will drain into the adjacent property. Planning Director Darling stated that is the existing condition and they are trying to allow the water to continue flowing along its natural path. She stated that is one of the things that the City Engineer would like more information regarding to ensure that the culverts are adequately sized. Chair Maddy noted that Edgewood Road cuts across their property and asked how that works. Planning Director Darling stated that the public road was constructed through the property and not reflected on the plat, so it is called a prescriptive right-of-way which means that the public continues to have rights to cross the property, but the underlying property owner still owns the property. Dan Buerman, DCB Designs, noted that the existing building was used as a seasonal cabin by the applicants. He explained that they have recently retired and are now looking to update the home. He stated that the original plan was to reuse the existing structure but because of an incident where the pipes burst, there was substantial mold, so a decision was made to construct a completely new home. He noted that the applicant has 16 siblings, so the home is proposed to have room for visitors but is still fairly modest. He stated that the existing water flow is a natural flow and he does not think there are any existing culverts in place. He stated that he expects the flow to remain the same with the proposed plans. Susie O’Donnell 27100 Edgewood Road, stated that she and her husband have lived on the property next door to this one for 25 years. She stated that they like the neighbors and are hopeful that they can build a nice house on their lot. She stated that their lot is almost identical to the applicants. She described the size of the home proposed in comparison to their home. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2019 Page 4 of 6 She stated that if this home is built as proposed they will lose light as well as a view of the lagoon. She stated that their patio that looks out to the lake will come very close to the new two-story home that is proposed and will also lose quite a bit of late afternoon sun because of the height of the home. She reviewed other areas where her home will be affected by this home and noted that it was not the proximity of the home that concerns them, but that it will be two- stories high. She stated that they also believe that there will be a problem with drainage especially with the increased elevation of the paver driveway. Commissioner Riedel stated that the drainage issue may be taken care of with the culverts. Ms. O’Donnell stated that they also have concerns because they wanted to add living space to their home in 2003 and applied for variances with the City. She stated that they had the support of the previous owners of this home for their plans and the City denied their request. She stated that they do want the applicants to get a new home, but they are concerned about the impact on their view and drainage. She stated that they are also concerned with fairness because their proposed plans were much more modest than what is being proposed for this property. She reiterated that they would like the applicants to build a nice, new house, but they have concerns about the proposed plans. Chair Maddy stated that the City cannot dictate views or how they will change as long as there is access to light and air. He stated that staff has already expressed concerns about the drainage, so that will be addressed moving forward. Planning Director Darling stated that she believes the City Engineer was looking at the possibility of using sheet flow across the driveway rather than using culverts so the drainage would not be concentrated and would follow the same natural path towards the lagoon. She stated that she did not believe the driveway grade will be raised based on the information the City has received thus far. She noted that the City will need to see more detailed drainage plans. Ms. O’Donnell stated that the paver driveway elevation says it is at 935 feet and there are areas to the east of the driveway that are about 932 feet. She stated that she assumed that meant that they would build up the driveway to the street level. Mr. Buerman explained the existing grade and the proposed plans. He stated that they were planning for a very shallow culvert, but has gotten the impression that it may not be needed because they may be able to use a six-inch drain tile and sheet flow over the driveway. Chair Maddy asked for more information about the pervious pavers. Mr. Buerman explained that it is 40% pervious. He noted that grass or gravel would be placed between the pavers and within the openings. Commissioner Riedel stated that the pervious pavers are controversial because they require a lot of maintenance so they remain pervious. Mr. Buerman stated that the homeowners understand that they require maintenance and would rather have it paved, but the hardcover situation was critical on the property so they chose the pervious pavers. Commissioner Gault asked about the decision to move the new home further back from the lake than the existing home. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2019 Page 5 of 6 Mr. Buerman stated that they pulled the home back twelve feet partly because of the neighbors to the east and allowed them a wider view. He stated that they did try to take into account their neighbors and their concerns. He stated that he did not think this is an extravagant home but does need to be large enough for the applicant’s family to come and visit. Chair Maddy noted that Ms. O’Donnell had brought up the issue of fairness with the previous variance and asked Planning Director Darling if she had any information on the situation. Planning Director Darling stated that at the time, there was concern that what they were proposing was more than what that particular lot could support. She noted that the standards for variances have been changed since the time that the O’Donnell’s submitted their application (2003). Commissioner Gault asked if there would be any additional fire protection required along the eastern wall because of the proximity to the other home. Planning Director Darling stated that the Zoning Code has additional requirements at three feet and at five feet but noted that a deck is not subject to those requirements. Commissioner Riedel asked about increasing the non-conformity and believes that the proposal slightly improves the non-conformity due to the amount of hardcover. He asked if adding an extra story was an increase in non-conformity. Planning Director Darling stated that the second story would require a variance even if it was the same footprint. Chair Maddy stated that in the past, pervious pavement has not been given credit. Planning Director Darling stated that there is a three-part test that requires air, water and vegetation to pass through for it to be allowed. She stated that this particular product passes the test and is 40% pervious. Commissioner Riedel stated that the concerns from the neighbors are well taken and he agreed that the variance will impact the neighbor because it is going from a one story to a two-story home. He stated that classifying this property as R1-A seems odd because it is very far from a typical R1-A lot, and requiring this lot to comply with the setback and hardcover requirements is almost meaningless. He stated that a variance is somewhat expected because unless you build on the exact footprint of what is there, a variance will be required. He stated that the question for the Commission is whether adding a second story on this lot is reasonable or not. Commissioner Gault stated that two of the neighboring houses are two-story homes. Ms. O’Donnell stated that the homes he is referring to do not have full two-stories and thinks the proposed full two-story house is not the same. Commissioner Eggenberger stated that he feels granting the variance would be in keeping with the neighborhood and does not see any reason to deny it. Commissioner Riedel stated that the applicants have made an effort to keep the hardcover down and keep the foot print close to the original. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 6, 2019 Page 6 of 6 Eggenberger moved, Riedel seconded to recommend approval of the proposed variances for property located at 27120 Edgewood Road, subject to the conditions included in the staff report, in addition to the proposed grading on the submitted survey and complete additional analysis of the culvert and drainage areas. Motion carried 4/0. B. LIAISON SCHEDULE Chair Maddy stated that Commissioner Gorham sent an e-mail that he would be unable to cover the Council meeting in August but could take December. The updated liaison schedule is as follows: August – Commissioner Eggenberger September – Commissioner Gault October – Commissioner Riedel November – Chair Maddy December – Commissioner Gorham 5. MATTERS FROM THE FLOOR 6. REPORTS • Liaison to Council Council Liaison Siakel reported on matters considered and actions taken during Council’s July 22, 2019, meeting (as detailed in the minutes for that meeting). She noted that they had a lengthy work session to discuss engineering services for the City. • Draft Next Meeting Agenda Planning Director Darling stated there is a variance application slated for the next meeting. Commissioner Riedel asked about the abstention policy because that application is being submitted by a neighbor and friend of his. Planning Director Darling explained that he would need to abstain if he or a family member would be financially impacted from the discussion or the decision. She stated that in this case, he could abstain if he was concerned about a perceived conflict of interest, but he is not required to abstain. She stated that it would be his choice if he wanted to leave the table and sit in the audience for the discussion. Commissioner Riedel asked if it was reasonable for him to abstain from both the overall discussion and the vote in this situation. Planning Director Darling stated that it is reasonable in this situation. 7. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of August 6, 2019, at 8:12 P.M. Motion passed 4/0. #7B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Variances for setbacks and substandard lot Location: 27120 Edgewood Road Applicant: Mike and Jane Schlangen Meeting Date: August 26, 2019 Prepared by: Marie Darling, Planning Director Review Deadline: September 14, 2019 Attachments: Planning Memorandum from the August 6, 2019 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At the August 6, 2019 meeting, the Planning Commission found the applicants meet the variance criteria and unanimously recommended approval of the variances, subject to the conditions in the attached resolution. The applicants’ representative was present and spoke in favor of the application. One neighbor (27100 Edgewood) requested to speak and raised concerns about drainage, reduced views, access to light and air, and fairness. Each are listed below with a staff comment following. Drainage: The speaker was concerned that the driveway would be elevated and block the flow of water through the applicant’s property. Staff included a condition recommended by the City Engineer to request more grading information from the applicants prior to issuance of building permits to make sure the natural water course is not blocked or inappropriately concentrated. Reduced Views: The speaker was concerned that her view to the lagoon across the applicant’s property to the west would be blocked. The Planning Commission addressed her concern that the city does guarantee or protect views across the buildable area of other’s property. Staff note the applicant has not requested a height variance. Access to Light and Air: The speaker was concerned that her access to sunlight would be blocked by the applicants’ proposal. Staff note that the applicants’ home is bordered by two-story homes on both sides. Fairness: The speaker indicated that her request for a variance was denied and that her denied request was for a more modest request. Staff responded by indicating that the speaker’s variance was denied in 2003, after being reviewed using different variance criteria. Staff note that although the speaker’s 2003 request was denied, an earlier request by a previous property owner (1986) to add the second story was approved. 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:\Planning\Planning Files\Applications\2019 Cases\Schlangen 27120 Edgewood VAR\CAF Memo.docx The applicants are proposing to construct the new home on the lot about 12 feet further back from the shore to take advantage of the slightly wider lot width. They propose to center the new home between the two lot lines, about five feet from the west property line where the existing home is less than two feet and a minimum of three feet, three inches (at the closest point) from the east property line. This would help facilitate construction and prevent building code restrictions for windows and other openings. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission members recommend approval of the request. Other options include denying the request or modifying the resolution. Proposed motion: Move to adopt the attached resolution approving a variances for Mike and Jane Schlangen for property located at 27120 Edgewood Road, as recommended by the Planning Commission and subject to the conditions in the attached resolution. Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicants would submit any outstanding information to be consistent with the conditions in the attached resolution and submit a building permit request. MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 www.ci.shorewood.mn.us • cityha11 @ci.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director MEETING DATE: August 6, 2019 APPLICANT: Schlangen, Michael LOCATION: 27120 Edgewood Road COMPREHENSIVE PLAN: Minimum Density Residential ZONING: R -1 A/S REVIEW DEADLINE: September 14, 2019 REQUEST The applicant proposes to demolish the existing home, detached garage and shed and construct a new home. The proposal requires the following applications: • Variances to allow a new lakefront home to be three feet, three inches from the east property line, and five feet from the west property line where 30 feet is required by the shoreland overlay district. A sidewalk and the home's mechanical equipment would be closer to the lot line than the home. Additionally, the combined side -yard setback would be eight feet, three inches where a total of 30 feet is required for lakefront lots in the shoreland overlay district. • Variances to construct a home on a non- conforming lot, where lot area and width do not meet requirements. t1 r • h 4 � { t. i • glib, �- Notice of this application was mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. Page 2 BACKGROUND Context: The property is currently developed with a single - family home that was constructed in 1912, and also has a detached garage and shed. The property was created from a plat recorded in 1881 called the Sampsons Upper Lake Park Subdivision that was subsequently further subdivided. The adjacent properties are all developed with single family homes. The property contains mature trees and is subject to the tree preservation policy. The property owner has proposed to replace the two trees removed with six new trees, which is consistent with the tree preservation policy. The property abuts Lake Minnetonka and the shoreline is within the 100 -year floodplain. The property has 11,511 square feet of area (not including Edgewood Road) and 50 feet of lot width at the widest point where the district requirement is 40,000 square feet in area and 120 feet in width, making it nonconforming for the R -IA/S, Single - Family Residential/Shoreland zoning district in which it is located. In addition to the substandard width of the lot, the current home and detached garage are nonconforming with respect to side -yard setbacks. The R -IA zoning district also requires a minimum of 10 feet to the side property lines and 50 feet to the front property line and the shoreland district regulations (section 1201.26 Subd. 5) requires a combined total of 30 feet from side property lines. The current house is 2.8 feet from the east lot line with a deck constructed up to the property line. The current home is 1.8 feet from the west lot line. The detached garage is also non - conforming to the required front and side setbacks. Because the public road is not within an easement or dedicated right -of -way, section 1201.02 (Definition of Setback) of the zoning regulations requires the setback to be measured 65 feet from the edge of the traveled surface. The current garage is 37 feet from the edge of the bituminous. Applicable Code Sections: Section 1201.03 Subd. 1 f. of the zoning regulations states that a nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of the use. Once the change is made, it shall not thereafter be altered to increase the nonconformity. The current hardcover on the property is 36.8 percent and they are proposing 34.7 percent. Much of the reduction is through the use of paver with a surface where 40 percent of the surface is open to allow for water, air and vegetation to pass through. Section 120 1. 10 Subd. 5 (R -lA zoning district) requires a minimum of 40,000 square feet of area and 120 feet of lot width. Section 1201.03 Subd. 2 c. (3) of the zoning ordinance allows undersized lots to be used for single - family homes without approval of a variance if the area and width are within 70 percent of the district requirements. Because the lot does not meet 70 percent of the requirements for lot width or area, variances are required. Section 1201.26 Subd. 5 of the zoning ordinance requires a combined total of 30 feet from side property lines. Section 1201.03 Subd. 7 requires a home to be not less than 22 feet in width over the required minimum depth (30 feet). -2- Page 3 Section 1201.03 subd. 3 c. (3) allows terraces, steps, stoops or similar features to be as close as 5.5 feet from side lot lines. Section 1201.03 Subd. 3 c. (10) allows air conditioning and mechanical equipment on residential shoreline lots to be located as close as 10 feet from side lot lines. ANALYSIS The applicant proposes to remove the existing home and the two detached structures and construct a new home with an attached garage. The existing home is a one -story home that is 24 feet at the widest point and about 70 feet long and the detached garage is 20 feet by 30 feet. The new home would be a two -story home that is 24 feet wide and 92 feet long (including the 24 -foot by 34 -foot garage). The applicant has proposed the home farther from both property lines and pushed the home slightly south from the existing home's location, where the lot is wider. The applicant proposes to locate the home no closer than five feet to the west property line, with the mechanical equipment located about one foot from the property line. The applicant proposes to construct the home three feet, three inches from the east property line, and would locate a three -foot wide sidewalk connecting the front and back of the home about one foot from the property line. 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. 3. a. of the zoning regulations 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. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met. Staff finds that the practical difficulties for the property are related to the original subdivision of the property. a. Reasonable: Construction of a home and attached garage is a reasonable use of the property. A sidewalk to provide a level walking surface and mechanical equipment on the side of the home are also reasonable uses. b. Self - Created: The owners did not create the existing situation, they bought the home and lot after it was constructed and have used the existing home seasonally for years. A conforming width house with conforming setbacks could not be constructed on this property, which is 50 feet wide at the widest point. C. Essential Character: The new home is not likely to alter the essential character of the area, which has a mix of older and newer homes and both of the adjacent homes are two stories. -3- Page 4 3. Economic Considerations: The applicants have not proposed the variance based on economic considerations, but to create a hi 4. Impact on Area: Although the property owners are proposing a two -story home, the homes on either side are also two story homes. The home on the east (left as shown in the photo) is located less than a foot from the shared property line (at its closest point). The property owners are not proposing anything that would increase the risk of fire or endanger public safety, or increase the impact on adjacent streets. 5. Impact to public welfare and other improvements: The applicants' proposal is unlikely to impact or impair adjacent property values or the public welfare. 6. Minimum to alleviate difficulty: Although the home would be larger than the existing home on the lot, the applicant has reduced the desired home and garage The existing home and the home to the east size to minimize the requests and the impact on the neighborhood. As a result, staff finds the applicant has proposed the minimum action to alleviate the practical difficulty. RECOMMENDATION: Based upon the preceding analysis, staff conclude the request is consistent with the criteria for granting variances. Should the application be approved, the property would be closer to conforming to Shorewood's existing building and zoning standards than if the variances were not granted. Staff further recommend the following conditions be included into the recommendation forwarded to the City Council. • No work may be completed without approval of the applicable permits. • Prior to the issuance of a building permit, the applicant shall submit the following consistent with City Codes and policies: • A certified survey showing all easements; any necessary grading; and the new home with conforming lowest floor elevations, dimensions of all structures to property lines, the ordinary high water level of Lake Minnetonka, and final impervious surface calculations. • A landscaping plan that indicates the species, size and location of all proposed trees. I" Page 5 o A construction management plan addressing parking for contractors /subs, delivery of goods, street cleaning, any issues with the proximity to the property line, etc. ATTACHMENTS: Location Map Notification Map Applicants Narrative and Plans -5- Xathl t� N 0 300 600 1,200 o a Feet island View R d Pine \`C) MrI 'n 0 \ Q- Woodside Road BrvnmawrLP Subject Property I Lake Minnetonka Upper Lake Edgewood_R Marsh -Pt Marsh Pt o�nte Cir Ct P O 0 r Creek mithtoWn Road / L -Fc To: CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 Attn: Marie Darling, AICP Planning Director Subject: 27120 EDGEWOOD ROAD VARIANCE APPLICATION Submittal Narrative Date: July 29, 2019 pg. 1 of 2 Michael & Jane Schlangen do hereby request a 'dimensional variance' to construct a new home on a substandard lot in the Shoreland District which does not meet the setback requirements of the applicable zoning ordinances. The variances we request are for: 1). The required setbacks on either side of the proposed new house /garage location in this R1 -A District: This lot is considered substandard in both area and width and we have moved its proposed location as far South as possible to gain as much available setback width as possible. - We request a reduction of the required 10' -0" side yard setbacks on either side (East & West) to 4'- 0112 "for the East side yard and 5' -0" for the West side yard. 2). The required sidewalk setbacks: The proposed new sidewalk is needed to provide a safe walking surface on the gradually sloping grade and help prevent erosion. It needed to be extended as far North as shown since the main entry for visitors, especially during outside deck related events, will be the lake side (North) entry. This will avoid having persons walking thru the kitchen area during formal gatherings if using the East entry. - We request a reduction of the required 5!6" setback on the NE lot line to 0'-10 ". 3). The required setback for mechanical equipment-, We propose to locate our mechanical equipment along the West wall of the house which is concealed by a line of thick bushes and where the bulk of the existing mechanical items are located. This will require a variance from the Neighbor during construction, but will conceal the equipment from view. - We request a reduction of the required 10' -0" setback for mechanical equipment on the West lot line to 1' -0" minimum. Due to the unique characteristics of this property (very long & narrow) strict compliance to these setback requirements would prevent improvements in a manner which is reasonable and consistent with other properties in the area. The practical difficulty of meeting these requirements were not self created and have been addressed in detailed drawings that accompany this narrative (please refer to shts S2 & S3 of our submitted drawings). The following Written Description of our Request indicates the proposed use of this property and how it conforms with the variance standards as set forth in Section 1201.05 of the Shorewood Zoning Regulations. 1. How resulting construction & use of Variance• (a) Is consistent with intent of Comprehensive Plan., Use of this property will be for a single family, consistent with the intent of the Comprehensive Plan which lists the property as a Residential District R -IA, single family zone. (b) Is in harmony w /general pug2oses & intent of Zoning Regulations• Use of this property follows the R -1A Zoning of this property and will remain a single-family dwelling that is well under the 40,000 sf Single Family limits & designated as Shorelanrf GD (General Development). 2. Establish any'practical difficulties' complying w/ this Chapter, (a) Owner wants to use property in reasonable manner but NOT permitted by this Chapter• Owners believe that other than a small hardcover overage, all other intended uses of this property are permitted by the Shorewood Zoning Regulations - Section 1201.05. (b) Plight of Landowner due to circumstances unique to property NOT created by Landowner• The narrow character of this site created the circumstances requiring this Variance and the proposed new home will be designed to best address this issue. (c) Variance would not alter essential character of Locality; Proposed ]come design is similar to neighbors oil either side and should complement their structures, maintaining or increasing their value. 3. Variance NOT based ONLY on economic considerations• The existing house was used only as a 'summer cabin' and the proposed new construction will be used as a primary residence and not as an investment property. 4. Variance shall NOT: (a) Impair on adequate supply of light & air to adjacent property, The orientation of the existing home is not known to have impaired light & air supply to adjacent properties, and since the proposed new home will be only slightly larger and generally on the same footprint, this condition should not change. (b) Increase congestion in public street: Owners are a retired couple with one son at home. The proposed new home has sufficient onsite parking and therefore should not increase congestion in the public street. (c) Increase danger of fire, Access by Fire Equipment is not impaired in any way and the Owners perrrtartettt presence would help decrease fire dangers by their constant on site vigilance. Also, the new home would be better protected due to its fire safety updates and therefore less of a potential fire hazard than the existing 107-year-old house. (d) Endanger Public Safety; The Owners permanent presence on the property reduces the chance of vandalism and increases vigilance which would help to deter other potential crimes. 5. How resulting construction & use of Variance: (a) Not detrimental to Public Welfare: This sites location does not come in contact with the general public and so should not be a detriment to anyone. (b) Not incurious to other lands or improvements in the neighborhood• The surrounding lands & /or neighborhood will not be affected in any way since drainage leads away front Neighbors on both sides. 6. Variance is MINIMUM necessary to: (a) Address or alleviate practical difficulties: The proposed new home is of minimum size required for a comfortable living, and since the hardcover amount should be decreased slightly, the Owners feel that it's a reasonable request. We respectfully seek your approval of these variances, and are prepared to address any questions & /or comments. Thank -you for your considerations. Michael & Jane Schlangen 1941 Melody Hill Circle Excelsior, MN 55331 pg. 2 of 2 LEGAL DESCRIPTION: All that part of Block 3, "Sampson's Upper Lake Park Addition," described as follows: ConmtencnIg at the Southeast comer of said Block 3; thence along the Easterly line thereof, a distance of 265.9 feet to an Iron Monument; thence turning to the left oil an Angle 77 degrees 40 minutes a distance of 30 feet to an Iron Monument, the point of beginning of the land to be described; thence on all extension of the last described line 30 feet along the share to an Lan Monument, thence Southerly 279.2 feet to an Iron Monument on the South line of said Block 3 distant 97 feet West of the Southeast corner thereof, thence Easterly along said Block line 50 feet to an Iron Monument; thence Northerly to point of beginning; also all die land lying between the extension of the sidelines of said property to the shore of Lake Minnetonka, according to the recorded plat on file or of record in lire office of the County Recorder (formerly Register of Deeds) in and for Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the Survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benclmlark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7. The legal description above is based on the easterly line of Block 3 in Sampson's Upper Lake Park Addition, which is not defined by the plat and there are conflicting monuments in the neighborhood that do not give conclusive evidence of where that line is located. The boundary of the property we show is based oil monuments that seem to indicate side lines of this property that have been accepted as the boundary for a period of time. 8. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 9. The survey shown here on is an update of a prior survey, dated April 2012, by James Parker (retired). The update was to add elevation data and hardcover calculations only. STANDARD SYMBOLS & CONVENTIONS: "e" Denotes iron survey marker, found, unless otherwise noted. r` DATE I REVISION DESCRIPTION ma aa"tnWest an»er o/ eiott .t DRAWING ORIENTATION & SCALE CLIENTIJOB ADDRESS MICHAEL SCHLANGEN n� 27120 EDGEWOOD RD. o a SHOREWOOD, MN OF WATER —bz Jwl `O��? i,`8Q401Nq$y HIGH WATER UNE (929.4) - f 28.68 ' N 188 I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION SURVEYED DATE: II Fxjsf � 4aal iry9 � r!, 1 r0 Surveying & Engineering, Co. ,9 , -l3r60�°B� , EXISTING GARAGE W �G< 3Si�°'feeorJ EXISTING HARDCOVER HOUSE 1,413 SO. FT. GARAGE 617 SO. FT. BIT. ORI'JEVIAY /ROAD 2,082 SO. FT. SHED 100 6o. FT. DECK 324 SO. FT. CONG. 'NALKS /SLAB 1,061 SO. FT. TOTAL EXISTING HARDCOVER 5,597 SO. FT. AREA OF LOT (TO DWI) 12,873 SO. FT. LOT COVERAGE 43.54 BENCHMARK- ® EAST R9J OF MH ELEV.-934.3 / j; . =Rie Soufh /ine 08 16ck 3,. . Snmprons Upper Loke Park - - - - - -- 323- - - - - -- I I _J �I /1 nx o spy °& I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION SURVEYED DATE: II M40 THAT I AM A DULY REGISTERED LAND SURVEYOR v� ??i O Surveying & Engineering, Co. / r" w , - 4 APRIL 29, 2019 EXISTING GARAGE W O 17917 Highway No, 7 1143503 Minnetonka, Minnesota 55345 LICENSENO. MAY 3, 2019 Phone (952) 474 -7964 APRIL 30, 2019 Web: mm.advsur.com DATE zla� 2, / 3 j 3 M^ I I p�I oMl V) ad1 . =Rie Soufh /ine 08 16ck 3,. . Snmprons Upper Loke Park - - - - - -- 323- - - - - -- I I _J �I /1 nx o spy °& � I I a xooprOD 8 I � ,6 S 9000'00" E I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION SURVEYED DATE: II M40 THAT I AM A DULY REGISTERED LAND SURVEYOR v� 1R✓DER THE 1-0S OF THE STATE INNESOTA Surveying & Engineering, Co. / r" w , - 4 APRIL 29, 2019 Wayne W. Pre s O 17917 Highway No, 7 1143503 Minnetonka, Minnesota 55345 LICENSENO. MAY 3, 2019 Phone (952) 474 -7964 APRIL 30, 2019 Web: mm.advsur.com DATE �y. 3 I 1 ad1 `0 0 1 M K1 I I N eo I � � I / Ex" " GARAGE / W 1 / - e a y A J 14 I / I � I I a xooprOD 8 I � ,6 S 9000'00" E I I I I ri Orly. . _- 47gpY.'- t I - -SE CORNER BLOCK 3 .. �V .._.. _.. —.. —.. —.. -- 97.00 -- --------- ---= —% / SHEET TITLE EXISTING SURVEY SHEET SIZE: 22 X 34 DRAWING NUMBER S1 190333 WP SHEET i OF 1 I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION SURVEYED DATE: Advance M40 THAT I AM A DULY REGISTERED LAND SURVEYOR 1R✓DER THE 1-0S OF THE STATE INNESOTA Surveying & Engineering, Co. / r" w , - 4 APRIL 29, 2019 Wayne W. Pre s DRAFTED DATE: 17917 Highway No, 7 1143503 Minnetonka, Minnesota 55345 LICENSENO. MAY 3, 2019 Phone (952) 474 -7964 APRIL 30, 2019 Web: mm.advsur.com DATE I I I I ri Orly. . _- 47gpY.'- t I - -SE CORNER BLOCK 3 .. �V .._.. _.. —.. —.. —.. -- 97.00 -- --------- ---= —% / SHEET TITLE EXISTING SURVEY SHEET SIZE: 22 X 34 DRAWING NUMBER S1 190333 WP SHEET i OF 1 i 11 ( 0 1 1i AF1f?,0N t350.sh Util w r C,ULVER] S UNDER / DRIVE WAY VJ/P:AVC D OR R(PRAP INLET I J_ OU (LE'T. EXACT A976.1 L OC,AI[ON TO BE Utj. rrr I y / ¢ EXISTING TREE DETERMINED. 1 i �} 10 BE REMOVED EXISTING WOOD DECK Y" to i�r r �ii r 9ar6 TO BE REMOVED EXISTING SHED \ L NEW 12'X24' WOOID i 11 ( 0 1 1i AF1f?,0N t350.sh Util C,ULVER] S UNDER / DRIVE WAY VJ/P:AVC D OR R(PRAP INLET I J_ OU (LE'T. EXACT ' L OC,AI[ON TO BE Utj. � / ¢ EXISTING TREE DETERMINED. 1 i �} 10 BE REMOVED EXISTING WOOD DECK Y" to .. n 6 TO BE REMOVED EXISTING SHED L NEW 12'X24' WOOID TO BE REMOVED / �p DECK LINE OF NEW & EXISTING - UTILITIES, ie ELECTRICAL, AC, PHONE, CABLE. GAS. etc., RUN TO UTILITY ROOM r NEW 18'X20` CONCRE FE— APRON (360 sf) Util �2 EXISTING & PROPOSED CONDITIONS EXISTING GARAG[- TO BE REMOVED t�/ U EXISTING ASPII L1 '" 1 I I EXISTING COIF TO BE REMON DhWANIIE. E �I _.1 ii � r oa PROPOSED NEW CONCRETE WALK (3' -0" WIDE TYPICAL) tX (303 sf) lEXIST ING I I EXISTING CONCRE-TE WALK NORTH AREA XIS1 ING GONCRF iF_:'WALK 2AV RS (40% PERVIOUS) DRIVE & TURNAROUND (1 383 s` TOTAL) ('. X83 X . 40 = 553.2 sf) (1353 53 = 830 s` Impervious) r31EXISTING & PROPOSED CONDITIONS (a) SITE ENTRANCE PRELIMINARY NOT FOR CONSTRUCTION Previously issued for VARIANCE APPLICATION 5 -17 -19 Revised Shts S2 & S3 originally submitted 7 -19 -19 Project Title: Proposed NEW RESIDENCE Jane & Michael Schlangen 27120 EDGEWOOD ROAD SHOREWOOD MN Sheet Title: PROPOSED SITE PLAN Scale: AS NOTED Date: 08At -19 Drawn By: DCB S2 Sheet? of? 0 0 3 f a :a C' �a c Tl 0 VAR -1 0 Y` i 11)i: kW J I �,1a�1 111 i r r �r �`11�i vii }H l /7r� i H V k €i t LU i EXIS`tING HARDCOVER FOO AGES �Flol: ADVAN('F Sury ,y..`>heet S1) 110lJ I:,, 1,d 1 3 sf C: >AR A ( i_ 611 st DECK 288 sf SHED 100 sf DECK 324 sf CONC. WALKS / SLAB 1,061 sf TOTAL HARDCOVER 4,235 sf AREA OF LOT 11,511 sf (12,873 sf Less 1.362 sf Exist Roadway) LOT COVERAGE 36.€3 % PROPOSED HARDCOVER FOOTAGES HOUSE & GARAGE 2,208 sf BIT'. DRIVE & f UI` INAROUND 830 sf DECK 288 sf CONCRETE WALK 303 sf CONCRETE APRON 360 sf TOTAL HARDCOVER 3.989 sf AREA OF LOT 11,511 sf (12,873 sf Less 1,362 sf Exist Roadway) LOT COVERAGE 34.7 % VARIANCES REQUESTED: (VAR -1). This variance is requested for the required setbacks on either side of the proposed new house /garage location. (VAR -2). This variance is requested for our propose sidewalk not being the required 55 from side property lines. (VAR -3). This variance is requested for the required setback of mechanical equipment which we cannot meet. We submit however that this `might be' resolved- &lor---corrrbined -with the variance; required for the house setbacks. D� PROPOSED IMPROVEMENTS: C / Utlt 1 Ij 1 . 35A I 1). Reduced hardcover counts from 30.8% to 34.7°le. 8 ," ��; €' )} Drainage patterns will not change with exception / `^> of proposed new driveway which will have culverts to better direct water flow and gutters & downspouts will be installed on entire house /garage. �Jjj n` jam! 3). Excessive garage height problem of original VAR -3 �� /� ',,,�j =�J,j submittal is eliminated by proposed new location. J j� 4). Garage setback problem from Edgewood Road is Util. 937.0 ��, I also solved by it's new attached location, 5). Our original proposal to expand the garage in size is avoided and becomes part of the house size requirements. 6). Two (2) existing trees in poor condition will be �_ �t removed avoiding danger due to collapse. 3 Lr ELAN r — � 7). Six (6) new trees will be installed, type & locat €on r�x� NORTH per City & Calyx Design, Util.L�iIJ rYr �'� IVort I -r1xe Pifi�[ti l� - 8), Our proposed House location Is egLla(iy spaced 935.0 Nort a along the distance from property line on West sick; for I better Mechanical access. 9). The steep downward entry to garage is stifftinated _ _ G r by It's proposed new location & the new driveway. ~ 10), House lire & safety code violations due to age p Oil - f� are brought u to resent day standards. g p Y` ��ENLARGED N. AREA @ HOUSE & GARAGE S3 SCALE: 1 /16' =1'-0° � �ENLARGED S. AREA @ ENTRANCETO SITE S3 SCALE: 1 /16 " =1' -0" ��HDCOVER CALCS & VARIANCE NOTES S3 NO SCALE DCB DESIGNS 1B Commercial & Residential Architectural Designs 65 Tonka Bay Road Tonka Bay KIN 55331 Tel: (952) 250.1962 d.buermandmohsi. m PRELIMINARY NOT FOR CONSTRUCTION Previously issued for VARIANCE APPLICATION 5 -17 -19 Revised Shts S2 & S3 originally submitted 7 -19 -19 Project Title: Proposed NEW RESIDENCE Jane & Michael Schlangen 27120 EDGEWOOD ROAD SHOREWOOD MN Sheet Tille: PROPOSED SITE PLAN W/ HARDCOVER CALCULATIONS Scale: AS NOTED Dale: 08 -01 -19 Drawn By: DCB S3 Sheet 3 of 7 LINE OF TYPICAL 2W OVERHANG R E C ] PRELIMINARY NOT FOR CONSTRUCTION :viously issued for VARIANCE APPLICATION 5-17-19 - il"I I ( ) j ; �a .0 r2�FLQOR PLAN (24'X92'=2,208so SCALE AS 1.1STE6 IN -TSLK Project Title: Proposed NEW RESIDENCE Jane & Michael Schiangen 27120 EDGEWOOD ROAD SHOREWOOD MN Sheet Title: MAIN & UPPER FLOOR PLANS scalw. 1118.. = 11-011 Date: 07' 19-19 prawn By. XB Al Sheet 4 of 7 a 0 3 0 r 1 L WEST ELEVATION A? sm-E AS USTED IN TBUC DCE RESIGNS Commensal &- Residential Architectural Designs 65 Tonka By Read Tonka Say MN 65"1 Tel: (952) 250 -1962 dbUetman @mchsh"m PRELIMINARY NOT FOR CONSTRUCTION Previously issued for VARIANCE APPLICATION 5 -17 -19 ( S( "" r ; `al r '�{ it 11 t =k sa f a � t �o J t r t 937.0 Project Tltla: Proposed NEW RESIDENCE Jane & Michael Schiangen 27120 EDGEWOOD ROAD SHOREWOOD MN Sheet Title: EXT ELEVS E &W Scale; Date: 07- 19-19 Drawn By. - _ - DCB Sheel B -of 7 RE C 01 1e4 vt, PRELIMINARY NOT FOR CONSTRUCTION Previously issued for VARIANCE APPLICATION 5 -17 -19 Project Title: Proposed NEW RESIDENCE Jane & Michael Schlangen 27120 EDGEWOOD ROAD SHOREWOOD MN Sheet Title: EXT. ELEVS N &S SECTIONS N &S Scale: 1/8" = 1'-0" Date, 07- 19-.19 - Drawn By:. Me CITY OF SHOREWOOD RESOLUTION NO. 19- A RESOLUTION GRANTING VARIANCES FOR PROPERTY LOCATED AT 27120 EDGEWOOD ROAD WHEREAS , Michael and Jane Schlangen, (the “Applicant”) has requested review of variances for the property located at 27120 Edgewood Road, legally described as: All that part of Block 3, “Sampson’s Upper Lake Park Addition” described as follows: Commencing at the southeast corner of said Block 3; thence along the easterly line thereof, a distance of 265.9 feet to an Iron Monument; thence turning to the left on an Angle 77 degrees 40 minutes a distance of 30 feet to an Iron Monument, the point of beginning of the land to be described; thence on an extension of the last described line 30 feet along the shore to an Iron Monument; thence Southerly 279.2 feet to an Iron Monument on the south line of said Block 3 distant 97 feet west of the southeast corner thereof; thence easterly along said Block line 50 feet to an Iron Monument; thence northerly to a point of beginning; also all the land lying between the extension of the sidelines of said property to the shore of Lake Minnetonka, according to the recorded plat on file or of record in the office of the Counter Recorder (formerly register of Deeds) in and for Hennepin County, Minnesota.; and, WHEREAS , the Applicant has a lot area of 11,511 square feet and a lot width of 50 feet in the R-1A/S zoning district; and WHEREAS , the Applicant has applied for a variance to lot area and width to redevelop the lot; and WHEREAS, the Applicant desires to construct a new home on the property and requests setback variances to allow the home to be closer to the east and west property lines than would be permitted by the R-1A/S zoning district WHEREAS , the Planning Commission held a public meeting on August 6, 2019 to review the application, the minutes of which meeting are on file at City Hall; and WHEREAS , the City Council considered the application at its regular meeting on August 26, 2019, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant and 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-1A/S zoning district, which requires 40,000 square feet of area per lot and 120 feet of width. 2.The subject property was created in 1881, prior to modern zoning requirements. 3.The existing home and garage on the property are nonconforming, being located less than 50 feet from the front property line and has less than a 10-foot minimum setback and 30-foot combined side setback as required in the R-1A/S district. 4.The Applicant proposes to remove the existing home and detached garage and build a new home with an attached garage instead. 5.The new home would require variances to setbacks from the side property lines. 6.The applicant proposes a sidewalk and mechanical equipment within one foot of the side property line where a setback of 10 feet is also required. CONCLUSIONS A. The Applicant has satisfied the criteria for the grant of a variance under the Shorewood City Code and has established practical difficulty as defined by Minnesota Statutes. B. Based upon the foregoing, the City Council hereby grants the Applicant variances to redevelop a substandard lot of record as shown on the plans and materials submitted July 19 and 29, and August 1, 2019, and as follows: 1. A variance to the lot area to allow 11,511 square feet where 40,000 square feet is required. 2. A variance to the lot width to allow 50 feet where 120 feet is required. 3. A variance to the west side property line of five feet for the home and deck (with overhangs as shown on the plans) and one foot for the mechanical equipment where a minimum of 10 feet is required. 4. A setback variance to the east side property line to allow the home and deck to be a distance of three feet, three inches and a 10-inch setback for a sidewalk where 10 feet is required. 5. A combined side-yard setback for the home and deck a minimum of eight feet, three inches where 30 feet is required. C. The approval of the variances is subject to the following conditions: 1.The applicant must acquire all necessary permits and no construction activity may occur until the permits are issued. 2.With their building permit applications, the applicant shall submit the following: 2 a.A certified survey showing all easements; any necessary grading; and the new home with a conforming lowest floor elevation, dimensions to all structures to property lines, the ordinary high water level of Lake Minnetonka and final impervious surface calculations. b.A landscaping plan that indicates the species, size and location of all proposed trees. c.A construction management plan that addresses parking of contractor/subs, delivery of goods, street cleaning, any conflicts with the proximity of the construction to the property line, etc. d.Revised grading information that indicates either sheet flow of storm water east-west across the driveway/property or includes the following information: i.The size and material of each culvert (box culverts are not recommended). ii.The drainage area to each culvert and provide justification for sizing. iii.The grading that would be required to fit culverts under the driveway as shown on the plan. D. 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 26th day of August, 2019. ____________________________________ SCOTT ZERBY, MAYOR ATTEST: _____________________________________ SANDIE THONE, CITY CLERK 3 RESOLUTION 19- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19- A RESOLUTION DENYING THE APPEAL OF WORK IN RIGHT OF WAY REQUEST FOR 27100 EDGEWOOD ROAD WHEREAS, the City of Shorewood strives to keep its rights-of-ay in a state of good repair and free from unnecessary encumbrance; and WHEREAS, the owner of the property located at 27100 Edgewood Road desires to install an irrigation system under the road to serve the portion of the property that lies south of the road surface; and WHEREAS, an irrigation system is not deemed to be a necessary encumbrance. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The administrative appeal of the Work in Right of Way request for the placement of an irrigation system under the road at the property located at 27100 Edgewood Road is denied. th Passed by the City Council of Shorewood, Minnesota this 26 day of August, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk MEETING TYPE Regular Meeting #8B City of Shorewood Council Meeting Item Title / Subject: Resolution Accepting Quote and Award of Construction Contract for the Lake Linden Drive Culvert Replacement Meeting Date: August 26, 2019 Prepared by: Katie Koscielak, Project Manager Reviewed by: Alyson Fauske, City Engineer Attachments: Resolution Background: This spring, a sink hole developed at the culvert crossing located south of Yellowstone Trail on Lake Linden Drive. Public Works repaired the sink hole and requested Staff investigate the cause of the sink hole at the culvert. Staff met with EJ Mayers Inc., a local contractor that has performed numerous sewer and water service installation throughout the City, to discuss the repair of the culvert and impacts to traffic along Lake Linden Drive. As Lake Linden Drive is a high traffic roadway, Staff investigated trenchless options to avoid impact to vehicles. Following the site visit, EJ Mayers Inc. provided a quote to include directionally drilling a new storm culvert to match the existing invert elevations and pipe capacity, abandon the existing culvert, installation of a new catch basin on the west side of the road, and restoration as necessary to facilitate construction. The quote provided by EJ Mayers, Inc. was $35,000 and the work could be completed in the next few weeks. Due to the Contractor’s experience in the community and availability to complete the work in a timely manner, the quote to complete the directional drill improvements was solicited to EJ Mayers Inc. solely. Staff met with G. F. Jedlicki, Inc., a local contractor who has also performed sewer and water work throughout the City, to discuss the repair of the culvert by means of open excavation as a cost-effective option to directional drilling of the sewer as the road is anticipated to be milled and overlaid this fall. Following the site visit, G. F. Jedlicki, Inc. provided a quote to include excavating Lake Linden Drive, removal of the existing culvert, installation of a new storm culvert, installation of a new catch basin on the west side of the road, and restoration as necessary to facilitate construction. The quote provided by G. F. Jedlicki, Inc. was $26,000 and the work would be completed by October 31st. As Council has stressed the importance of completing the surface improvements on Lake Linden Drive this fall, staff recommends awarding the quote to EJ Mayers, Inc. Financial Impact: Funding for the improvement will come from the City Stormwater Management Fund. Options: 1.Approve the resolution accepting the quote and awarding the contract to EJ Mayers, Inc. for the Lake Linden Drive Culvert Replacement. 2.Reject quotes for the Lake Linden Drive Culvert Replacement. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 3.Take no action on this item at this time. Recommendation: Staff recommends the City Council approve the attached resolution “Accepting Quote and Awarding the Contract for the Lake Linden Drive Culvert Replacement” CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19- A RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR THE LAKE LINDEN DRIVE CULVERT REPLACEMENT PROJECT WHEREAS, pursuant to an invitation to provide quotes for local improvements designated as the Lake Linden Drive Culvert Replacement Project, quotes were received, opened, and tabulated according to law; and WHEREAS , due to the Contractor’s experience in the community and availability to complete the work in a timely manner, a quote to perform the improvements by means of directional drill was solicited to EJ Mayers Inc. solely; and WHEREAS , due to the Contractor’s experience in the community and availability to complete the work in a timely manner, a quote to perform the improvements by means of open excavation was solicited to G.F. Jedlicki, Inc. solely; and WHEREAS, the City Council has determined that EJ Mayers Inc. the lowest quote in compliance with the quote documents to complete the improvements to allow for the mill and overlay improvements along Lake Linden Drive in the amount of $35,000. WHEREAS, the Director of Public Works has reviewed said proposal and found it to be . in order NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council and City Clerk of the City of Shorewood, Minnesota are hereby authorized and directed to enter into a contract with EJ Mayers Inc. in the name of the City of Shorewood. th Passed by the City Council of Shorewood, Minnesota this 26 day of August, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk #9A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: City Code Amendment – Chapters 900, 1200 and 1201 Remove bonds as a financial guarantee option Applicant: City of Shorewood Meeting Date: August 26, 2019 Prepared by: Marie Darling, Planning Director Attachments: Planning Commission Memo from the August 6 meeting Ordinance Resolution for Summary Publication Background: The attached amendments are proposed to remove bonds as an allowable financial guarantee for work in the right-of-way or to guarantee improvements approved under the zoning or subdivision ordinance. Bonds have become increasingly difficult to seize when developers are unresponsive and many cities no longer accept them as financial guarantees. Staff rarely cashes the financial guarantees for developers, and only after having given the developers substantial time and warnings to complete the necessary work. After the long process of trying to gain compliance, seizing a financial guarantee should not present further complications to complete the work. At their August 6, 2019 meeting, the Planning Commission reviewed the ordinance amendment and unanimously recommended approval of the amendments with the following recommendations and a staff response below in italics: 1.Keep consistent wording between the code sections. Because the subdivision regulations require a development contract and the city would be on firmer ground to cash financial guarantees if they are subject to the terms of an agreement, staff also added that requirement to the zoning regulations for CUPs. Staff also revised the language used between each chapter to provide consistent wording. 2.Remove the specific dollar amounts listed in the right-of-way ordinance. Staff prefer to keep the minimum amounts in the ordinance as it saves staff time negotiating small deposits for right-of-way users. 3.Remove financial guarantee as a required condition of approval for self-storage facilities in the C-1 and R-C districts because 1) it isn’t specifically called out as a requirement for other conditional uses and 2) the administration section for conditional use permits includes the requirement for the financial guarantee. Revised as recommended. 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. C:\Users\phelgesen\Desktop\CAF Memo bond.docx Financial or Budget Considerations: To reduce the cost of publication, staff has also attached a resolution approving a summary publication of the attached ordinance. Recommendation / Action Requested: Staff recommend approval of the attached ordinance amending Chapter 1201 of City Code and the summary publication resolution. Two separate motions are required for action, one on the ordinance amendment and one on the resolution for summary publication. Action to approve the ordinance requires a simple majority to adopt and approval of the resolution for summary publication requires a super-majority. Next Steps and Timelines: The ordinance would take effect as soon as the ordinance is published. MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 www.ci.shorewood.mn.us • cityha11 @ci.shorewood.mn.us TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: August 6, 2019 RE: Zoning Text Amendment: Removing Bonds as Performance Guarantees (Sections 1201.04 Subd. 3, 1201.19 Subd. 4 and 1201.22 Subd. 4, of the zoning regulations) Attached is a draft ordinance that removes bonds as an acceptable financial guarantee for developers with performance agreements or development contracts. Bonds have become notoriously difficult to seize and use to complete required improvements when developers fail to perform. The city will be looking for cash deposits or letters of credit, which are much easier to use when needed. These amendments are housekeeping and proactive rather than a reaction to a particular incident. The City Attorney recommended the amendment and has reviewed the ordinance. Although the Planning Commission has review authority over the zoning regulation amendments, the proposed ordinance would also make changes to a number of sections of city code where bonds are referenced. For your reference, staff included all the changes to city code on this topic that would be included into the final draft ordinance. Staff recommend approval of the amendments. Notice of the public hearing for this zoning ordinance amendment was published in both of the official city newspapers at least 10 days prior to the meeting. ATTACHMENT Draft Ordinance CITY OF SHOREWOOD RESOLUTION NO. 19- A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. 569 BY TITLE ANDSUMMARY WHEREAS, at a duly called meeting on August 26, 2019, the City Council of the City of Shorewood adopted Ordinance No. 569 entitled “AN ORDINANCE ADOPTING AN AMENDMENT TO CHAPTERS 900, 1201 AND 1202 OF THE CITY CODE TO REMOVE BONDS AS AN ACCEPTABLE FINANCIAL GUARANTEE”, and, WHEREAS , The City Council has adopted a lengthy ordinance amending City Code sections 901.01, 901.08, 901.24, 903.04, 904.08, 1201.04, 1201.19 1201.22, AND 1202.07 to remove bonds as an acceptable financial guarantee and replace with letters of credit or cash deposits and to provide housekeeping amendments. The purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 569 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 569 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached form. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. ADOPTED by the Shorewood City Council on this 26th day of August, 2019. ATTEST: Scott Zerby, Mayor ________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9B Title/Subject: Demolition of House at 5965 Grant Street Meeting Date: August 26, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Quotations for removal of structures Background: The city acquired 5965 Grant Street for the purposes of constructing a storm water retention pond to help alleviate storm water issues in that part of the city. There is an abandoned single-family dwelling on the parcel that needs to be demolished and removed. Staff solicited quotes from two companies, and they are attached to the memo. Financial or Budget Considerations: The quote from Bollig & Sons is the low bid, and it has been prepared that the city will only pay for the services and expenses that are actually incurred. The funds to pay for this work will come from the storm water fund. Once it has been determined the area of the lot that is needed for storm water control, the city anticipates selling the remaining part of the lot for a single-family dwelling with sale proceeds going back into the storm water fund. Options: 1. Accept one of the two quotes. 2. Reject both quotes and provide staff alternative direction. Recommended Action: Both firms are competent, and staff is familiar with the work they both do. Staff recommends passing a motion to accept the low bid from Bollig & Sons. Next Steps and Timeline: Staff will work with the company to demolish and remove the house. It is anticipated that the work would be done within 60 days of the notice to proceed. 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 BOLLIG & SONS INC. 11401 COUNTY ROAD 3 HOPKINS,MN 55343 952-938-4133 FAX 952-938-9615 bolligandsons@msn.com August 15, 2019 City of Shorewood Attn: Greg Lerud - City Administrator 952-960-7905 glerud@ci.shorewood.mn.us JOB SITE: 5965 Grant Street, Shorewood Job Description: Demo Install 270 LF biologs (removal not included). Price $ 540.00 Construction entrance if city requires. Price $ 960.00 Inlet Protection @ $300.00 each. Price $ TBD Asbestos testing. Price $ 650.00 Asbestos removal. Price $ TBD Demo permit and calling disconnects. Allowance Price $ 690.00 Disconnect sewer and water at curb box (no street work). Price $ 1,380.00 Remove house, garage, foundation and shed. Price $ 13,215.00 Remove pavers and driveway as needed to complete garage demo. Price $ 861.00 Backfill with imported common fill. (No compaction or testing) Price $ 1,120.00 Supply 84 yards of common fill. Price $ 1,008.00 Supply 56 yards of black dirt. Price $ 1,176.00 Hydro seed disturbed area. Price $ 1,225.00 NOTE: No grading plan provided. Tree removal not included. No utility conflicts included. No winter conditions included. No removal of hazardous waste or personal items. Well sealing not included. Price good for 90 days. Thank you for the opportunity to work with you on this project. We appreciate your business. Respectfully, 5“ a;ä;© ;­·z’·š©‰ /w7 Cz㠆š, ­Ò¦;©Ýz­š© RESOLUTION NO. 19- CITY OF SHOREWOOD A RESOLUTION INITIATING THE VACATION PROCESS FOR MAPLE AVENUE WHEREAS , Minnesota Statute 412.851 establish a process to allow statutory cities to initiate vacation of public rights-of-ways; and, WHEREAS , Maple Avenue has limited public benefit that could be served equally as well with a drainage and utility easement; and WHEREAS , Maple Avenue has substantial public cost for year round maintenance to serve one home which could be equally served from Church Road. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood, Minnesota initiates the process of vacating the public right-of-way, but maintaining a drainage and utility easement. FURTHER, THE CITY COUNCIL HEREBY AUTHORIZES and directs staff to schedule a public hearing no earlier than September 23, 2019 after the adjacent property owners and the public are noticed as required by Minnesota State Statute 412.851. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 2019. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk City of Shorewood General Fund Statement of Revenues, Expenditures and Changes in Fund Balances Through the Month Ended July 31, 2019 (Unaudited) Prior CurrentCurrentCurrent FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 201907/31/1907/31/19Budget07/31/18 REVENUES: $ 5,530,322$ 2,859,29451.7%$ (2,671,028)$ 3,254,650 Taxes Licenses and Permits 232,225 321,204138.3% 88,979 273,058 Intergovernmental 152,100 100,27965.9% (51,821) 99,449 Charges for Services 53,885 34,91064.8% (18,975) 28,765 Fines and Forfeitures 60,000 35,78059.6% (24,220) 35,542 Special Assessments - 6,516N/A 6,516 1,928 Miscellaneous 220,000 190,23186.5% (29,769) 171,108 Total Revenues 6,248,532 3,548,21456.8% (2,700,318) 3,864,500 EXPENDITURES: Current: General Government 1,430,985 793,67355.5% (637,312) 804,899 Public Safety 2,271,951 1,670,02773.5% (601,924) 1,571,003 Public Works 1,102,175 544,684 49.4% (557,491) 541,114 Parks and Recreation 328,532 126,36938.5% (202,163) 145,974 Total Expenditures 5,133,643 3,134,75361.1% (1,998,890) 3,062,990 Excess of Revenues Over (Under) Expenditures 1,114,889 413,46137.1% (701,428) 801,510 OTHER SOURCES (USES): Transfers In 25,000 25,000100.0% - 25,000 Transfers Out (1,186,305) (1,646,305)138.8% (460,000) (1,163,895) Total Other Sources (Uses) (1,161,305) (1,621,305)139.6% (460,000) (1,138,895) Excess of Revenues & Other Sources Over (Under) Expenditures & Other Uses (46,416) (1,207,844)2602.2% (1,161,428) (337,385) FUND BALANCES: January 1 4,419,413 - 4,162,048 July 31$ 3,211,569$ (1,161,428)$ 3,824,663 BalanceBalance 20192018 CASH: $ 4,286,039$ 4,026,374 January 1 (1,090,665) (205,574) Increase (Decrease) in Cash July 31$ 3,195,374$ 3,820,800 City of Shorewood General Fund Statement of Expenditures and Other Uses by Program/Department Through the Month Ended July 31, 2019 (Unaudited) CurrentCurrentCurrentPrior FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 201907/31/1907/31/19Budget07/31/18 EXPENDITURES: Current: General Government Council 84,100 34,38740.9% (49,713) 41,087 Administration 492,899 261,33353.0% (231,566) 251,303 Elections - 75N/A 75 342 Finance 198,329 113,20357.1% (85,126) 105,038 Professional Services 251,500 127,05150.5% (124,449) 143,219 Planning 221,657 120,02054.1% (101,637) 138,713 Municipal Buildings 182,500 137,60475.4% (44,896) 125,197 Total General Government 1,430,985 793,67355.5% (637,312) 804,899 Public Safety Police Protection 1,481,949 1,010,45068.2% (471,499) 985,230 Fire Protection 651,969 509,09878.1% (142,871) 488,944 Protective Inspections 138,033 150,479109.0% 12,446 96,829 Total Public Safety 2,271,951 1,670,02773.5% (601,924) 1,571,003 Public Works City Engineer 89,500 35,310 39.5% (54,190) 29,634 Public Works Service 911,296 416,376 45.7% (494,920) 411,486 Ice and Snow Removal 101,379 92,998 91.7% (8,381) 99,994 Total Public Works 1,102,175 544,684 49.4% (557,491) 541,114 Parks and Recreation Park Maintenance 265,316 90,12434.0% (175,192) 114,804 Recreation 63,216 36,24557.3% (26,971) 31,170 Total Parks and Recreation 328,532 126,36938.5% (202,163) 145,974 Total Expenditures 5,133,643 3,134,75361.1% (1,998,890) 3,062,990 OTHER USES: Transfers Out: Southshore Center - Building 32,300 49,800 154.2% 17,500 38,000 Southshore Center - Operations 70,000 70,000 100.0% - 70,000 EDA Debt City Hall 92,005 92,005 100.0% - 93,895 Equipment Replacement 140,000 172,500 123.2% 32,500 135,000 Street Improvements 810,000 810,000 100.0% - 785,000 Park Capital 42,000 222,000 528.6% 180,000 42,000 Storm Water - Manor Pond - 230,000 N/A 230,000 - Total Transfers Out 1,186,305 1,646,305138.8% 460,000 1,163,895 Total Expenditures & Other Uses 6,319,948 4,781,05875.7% (1,538,890) 4,226,885 WSB ENGINEERING EXPENSES 2016 $534,871 2017 $580,056 2018 $632,525 2019 (thru June) $177,499 These costs are invoices minus pass thru costs (charges that were reimbursed by a developer or another party where engineering was required.) ENGINEER QUESTIONS 1. Tell us how your training, experience, and education position you for success as Shorewood City Engineer? 2. Please tell us about what you like most about being a city engineer. 3. Tell us about a project were there were some particularly challenging engineering (technical) issues and how they were resolved. 4. What two or three goals would you establish for yourself if your firm was appointed as the city's engineer. 5. Give us a specific example of a project or program that you developed or implemented that showcase your ability to do this job? 6. Tell us about your approach to customer service and how you communicate with the residents. 7. If your firm is selected as the city's consulting engineering firm, what do you believe will be your greatest, most immediate challenges as the city engineer? How will you overcome this challenge? 8. Please detail your experience in the following areas: a. GIS b. Plan preparation and design c. Managing a project 9. What is your most important, or what professional accomplishment are you most proud of? 10. How do others describe your personality 11. Tell us about your most memorable example of overcoming opposition to a project that you championed. What were the specifics, and what tactics did you use to support the project.