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10-15-19 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS TUESDAY, OCTOBER 15, 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 September 23, 2019 Minutes B. City Council Regular Meeting Minutes from September 23, 2019 Minutes C. Approval of the Verified Claims List Claims List D. Approval of Tobacco Retailer Licenses Deputy Clerk Memo Resolution 19-093 E. LMCIT Liability Waiver Form City Administrator Memo Resolution 19-094 F. Approval of Three Rivers Park District Winter Use Permit Director of Public Works Memo Resolution 19-095 G. Pledge of Allegiance City Administrator Memo H. Approval of Property Restriction for a Portion of Badger Park Planning Director Memo Resolution 19-096 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 – OCTOBER 15, 2019 Page 2 7. PLANNING A. Variance for Front and Bluff Setbacks Planning Director Memo Refined Remodeling, Inc. for 5875 Ridge RoadResolution 19-097 8. ENGINEERING/PUBLIC WORKS 9. GENERAL/NEW BUSINESS A. Engineering Firm Proposal and Interview Follow-Up City Administrator Memo 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. August General Fund Report Finance Director Memo rd 2. Investments 3 Quarter 2019 Report Finance Director Memo 3. MNDCP Employee Option City Clerk/HR Director Memo B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 23, 2019 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:12 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson (arrived at 6:12), Labadie, and Sundberg (arrived at 6:28); City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Siakel B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 5/0. 2. CAPITAL IMPROVEMENT PLAN (CIP) Councilmember Labadie asked about moving money from the Equipment Replacement Fund and whether moving this money annually could make that fund not sufficient for its purposes. Finance Director Rigdon stated that staff feels very comfortable moving that money annually but noted that the Council can decide to reverse the decision at any time. Public Works Director Brown stated that he thinks the City has done a good job of managing their equipment and supports this fund transfer. Mayor Zerby asked if there would be any more park dedication fees coming from the Minnetonka Country Club property and development. Planning Director Darling stated that those fees were all paid with the plat and no additional funds would be coming to the City. Councilmember Labadie asked what the plan is for the old skate park, since the Parks Commission had prioritized the items that were previously listed. Planning Director Darling stated that there is an agenda item on the regular Council meeting for later today for the Council to discuss whether the City should keep the land or sell it. Councilmember Labadie asked if that decision would have bearing on the CIP. Planning Director Darling stated that she feels it does because if the land is sold, one-hundred and fifty thousand dollars can be removed from the CIP. Finance Director Rigdon reviewed the Equipment Replacement Fund plan. Mayor Zerby asked if the City was still replacing radios. Public Works Director Brown stated that they are not currently replacing radios because there are some political things going on with Hennepin County, however, he would like to keep the placeholders in for when the situation CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 2 of 3 resolves itself. Mayor Zerby asked if the City still needed these radios because everyone has access to a cell phone. Public Works Director Brown explained that during storms many times cell towers go down, which means no service or the system can be easily overloaded. Councilmember Johnson asked about the computer server versus the annual computer upgrades. Public Works Director Brown stated that there are currently two servers in house and they have been considering moving to totally cloud based system since there is now sufficient bandwidth. Finance Director Rigdon gave an overview of the Street Reconstruction Fund. Mayor Zerby asked about the Bituminous Maintenance Fund. Public Works Director Brown stated that sealcoating has not been giving the City the results it would like to see on the roadways, so they are looking at investing money where it will be more effective. He stated that these dollars have been reallocated into primarily overlay projects but noted that they are labeling this area maintenance to allow them the freedom to either do overlays or sealcoating. Finance Director Rigdon stated that a big question is how this program can be paid for. He reminded the Council that there is a plan going forward promoting a bonding program to be able to spread out the payments over a period of years. He noted that Utility Funds may need to be included in the bonding. Mayor Zerby asked what amount he was projecting for bonds. Finance Director Rigdon stated that the bonds would be roughly four million dollars. Public Works Director Brown stated that they have tried to have each Enterprise Fund carry its own weight. City Administrator Lerud stated that the goal with the bonding program is that in addition to completing the work in the CIP schedule it would also build up sufficient revenue underneath that will allow the City to basically have cash moving forward which is an ideal situation to be in. Councilmember Johnson stated that with the trend of lower interest rates, he would support another work session with David Drown and Associates to see if they have any other ideas. City Administrator Lerud explained that there will be another CIP work session before the end of the year. He noted that the information presented tonight is essentially the worst-case scenario for the CIP. Finance Director Rigdon gave a brief overview of the Trails and Utilities Funds. He noted that one other item is that there is a possibility that the Public Works facility roof may need to be replaced. Public Works Director Brown stated that there is a slim possibility that the roof may need to be replaced this year depending on the bidding climate. He stated that it is shown as a 2020 project, but the funds are there if the bidding climate is favorable yet this year. He stated that they are also anxiously awaiting the results of the Barr Engineering report on the western portion of the City because that will have an impact on the CIP. Mayor Zerby thanked staff for the time and effort that they have put into the CIP process. 3. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Work Session Meeting of September 23, 2019, at 6:45 P.M. Motion passed 4/0. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 3 of 3 ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 23, 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, 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: Councilmember Siakel B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0. 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 Minutes from September 5, 2019 B. City Council Regular Meeting Minutes from September 5, 2019 C. City Council Special Work Session Meeting Minutes from September 16, 2019 D. Approval of the Verified Claims List E. Approve Permanent Appointment of Nelia Criswell F. First AT&T Lease Amendment East Tower, Adopting RESOLUTION NO. 19- 086, “A Resolution Granting a First Amendment to Water Tower Space Lease Agreement by and Between the City of Shorewood and AT&T Wireless Services of Minnesota for Premises Located at 5500 Old Market Road.” G. Approve Shorewood Community & Event Center Attendant CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 2 of 14 H. Approve 2020 LMCC Budget, Adopting RESOLUTION NO. 19-087, “A Resolution Approving the Proposed 2020 Lake Minnetonka Communications Commission Budget.” I. Authorizing Expenditure for Public Works Equipment, One Mower Motion passed 4/0. 3. MATTERS FROM THE FLOOR Dan Randall, Tonka Bay, stated that he is a caretaker for Woodside Cemetery and explained that there is a water issue on the south portion of the property. He thanked the City for taking a look at the situation and noted that whatever the City can do to address the situation will be appreciated. Public Works Director Brown stated that this area has an old field tile line that has given the City trouble for the last few years. He stated that he has asked Barr Engineering to include this area in the study they are conducting for the west end of the City. Mayor Zerby thanked Mr. Randall for the work he has done to maintain the cemetery and noted that he had visited the site and some of the headstones are under water. Councilmember Labadie thanked Mr. Randall for reaching out to her and the City. She stated that was able to take a look at the cemetery after they spoke and has passed along her comments to City staff. 4. PUBLIC HEARING A. Vacate Drainage and Utility Easement – Leslie and Barbara Nelson, 20820 Radisson Road Planning Director Darling stated that the drainage and utility easement was acquired in 1983 as part of the Tingewood Subdivision. She noted that at some point, Lots Eleven and Nine were consolidated and the easement along the southside of Lot Eleven was never vacated. She stated that there was a home constructed over the ten-foot easement. She stated that the request to vacate the drainage and utility easement is being made by the property owners in order to clear the title for sale. She explained that after a search, it appears that only the property owners private telephone line is located within the easement area. She stated that staff is recommending that the applicants provide a standard drainage easement around the periphery of the property. Mayor Zerby opened the Public Hearing for comment at 7:08 p.m. There being no public comment, Mayor Zerby closed the Public Hearing. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 19-088, “A Resolution Approving the Vacation of Drainage and Utility Easements for 20820 Radisson Road.” Motion passed 4/0. B. Vacate Maple Avenue Right-of-Way, City of Shorewood Planning Director Darling stated that Maple Avenue is a one block public right-of-way that is essentially a gravel street that serves as a driveway for one home. She explained that the City has been maintaining the roadway, including both the gravel surface and plowing the driveway CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 3 of 14 for decades. She stated that staff is proposing to retain a drainage and utility easement over the entirety of the right-of-way to allow future maintains of the utility mains, reorient the driveway to Church Road, remove the unnecessary gravel, replace it with topsoil and seed, and vacate the right-of-way back to the adjacent property owners. She stated that if this right-of-way is vacated the roadway will no longer require public maintenance, and the utility mains can be adequately maintained with an easement. Mayor Zerby opened the Public Hearing at 7:12 p.m. Dan Peso, 6125 Church Road, stated that he is not opposed to the closing of Maple Avenue, but is concerned about water issues in the area. He stated that he does not care for how this issue was sort of sprung on the residents and how it has been handled. He stated that they received a letter in the mail that said they would receive a letter ten days later to let them know about the meeting where it would be discussed. He stated that as of September 13, 2019, nobody in the area had received a letter. He stated that it left a bad taste in his mouth in how this has been handled by the City. He stated that he had to call the City to find out about the meeting and ask whether the letter had gone out. Cliff Laughlin, 26505 Maple Avenue, stated that they will be directly affected by this change. He stated that Maple Avenue has been a public right-of-way for over forty years. He stated that they received a letter from the Planning Department that said, “due to staff time and the expense of maintaining this access” the City is actively planning to vacate this right-of-way. He stated that he would like to know what costs the City has incurred because in the past five years, there has been no maintenance of Maple Avenue other than snow plowing. He explained that he has personally been handling the other maintenance that has been necessary, such as filling pot holes. He stated that if the Council considers all the plans to remove gravel, put in topsoil and seed, rip out existing curbs and put in new driveways, it appears that the vacating costs will far exceed the maintenance costs. He quoted from a League of Minnesota Cities document regarding the requirements for vacating City streets. He stated that he does not see how vacating this right-of-way will benefit the public. He noted that there is also a fire hydrant on Maple Avenue which needs to have access maintained. He stated that if this easement is vacated, the City will not plow Maple Avenue and quoted from the Fire Code regarding retaining unobstructed access to fire hydrants at all times. He stated that he received an e-mail from the Fire Chief earlier today that states he will be working with the City to make sure that the access to this hydrant is maintained. He reiterated his question of whether there are any public benefits to vacating this right-of-way. He stated that the residents in the area think they would be losing benefits, not gaining anything with this proposal. He stated that he does not support the plans to vacate the right-of-way. He stated that he would propose that all the parties agree to a sunset clause that states that the project to vacate Maple Avenue will be set aside and the next time his property is sold, then the City can consider vacating the easement. He asked why there is such a rush by the City to vacate this right now. He thanked the Council for giving the residents time to share their concerns. Mayor Zerby thanked Mr. Laughlin for his service to the Country as a veteran and for doing all the research into this issue. Councilmember Sundberg stated that she also wanted to thank Mr. Laughlin for coming to the Council with a compromise alternative for them to consider. Councilmember Labadie thanked Mr. Laughlin for his service and complimented him on presenting the information so clearly and so respectfully. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 4 of 14 Lisa Hashbarger, 6090 Strawberry Lane, stated that she has lived in the City for about 8 years. She stated that one benefit that she could see to this vacation would be the possibility to affect the drainage in the area yards because water has been an issue for a long time. She stated that it had been mentioned that if the road were vacated, a swale could possibly be put in that could help with the water and mosquito problems that they have in their back yard. She stated that she wants to be a good neighbor, so if the majority of the neighbors decide that they do not want this vacated, she will support that as well. Patti Helgeson, 6120 Strawberry Lane, stated that she brought this to the City’s attention in an attempt to do as Mr. Laughlin proposed and change this situation between property owners. She stated from her observation there has been an increase in pedestrian use in walking their dogs on this driveway which she believes is coming from the development in Chanhassen. She stated that when the snow plow come down Maple Avenue it is very loud and shakes the house. She stated that Ms. Hashbarger does have water problems and essentially has a lake in her backyard and water issues have affected the other properties in the area. She stated that there is already a drainage easement along Strawberry Lane, so there is a place for the water to be rerouted. Eileen Koehne, 25625 Park Lane, stated that she sold her home to the Laughlin’s three years ago. She stated that she has lived in the City for 75 years and asked that Maple Avenue be kept as it is. There being no additional public comment, Mayor Zerby closed the public hearing at 7:30 p.m. Councilmember Sundberg asked about the water issue with the adjacent properties. Public Works Director Brown stated that this whole area is extremely flat and does not drain well. He stated that area is also being looked at with the Barr Engineering study. He stated that there has been twelve inches of standing water at the cul-de-sac at Church Road, because the City at the time, chose an inexpensive valley gutter that drained to the LRT ditch. He stated that there are ongoing issues with the LRT ditch. He stated that he feels strongly that there are areas of the City that have been dedicated to the City that should be turned back to the adjacent property owners for their highest and best use. He stated that he feels Maple Avenue is one of those situations. He stated that he has spoken with Mr. Laughlin and appreciates his willingness to consider a compromise which thinks it is a good idea. He stated that the cost to the City to maintain this is only about five hundred to six hundred dollars per year. He stated that the goal is for the City to be doing things that benefit the public at large and not spend time and money maintaining lands that just benefit one or two properties. He reiterated that he believes the compromise proposed by Mr. Laughlin is a good idea. Councilmember Sundberg asked about the fire hydrant issue. Public Works Director Brown stated that the fire hydrant will be maintained. Councilmember Labadie asked for City Attorney Keane’s opinion on a sunset clause in a situation like this. City Attorney Keane stated that it may present some additional problems down the road because other properties may also change hands and may not be aware of the sunset clause. He stated that he thinks it is better to take this up again when those events take place. He stated that he has never seen a conditional vacation of this nature before. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 5 of 14 Councilmember Labadie stated that she had those same concerns. City Attorney Keane stated that his recommendation is that the City take this matter under consideration at another date, if they are not prepared to do so at this time. He noted that the statute requires that City initiated vacations require a four-fifths Council vote. Councilmember Sundberg stated that she is not in favor of this vacation and feels the City should let the property owner use it as they have used it for many years. She stated that it can be considered again in the future and explained that the cost to the City is nominal. Councilmember Labadie noted that one of the residents stated that she was told a swale may be able to be installed in this area if it is vacated. She asked if that was true and if there would be a possibility to alleviate some of the water issues. Public Works Director Brown stated that because the area is so flat, there is probably little elevation difference and it would be hard to put in a swale because it would be essentially like building a bath tub and does not think it would alleviate many of the problems in the area. Mayor Zerby asked if it would be legally possible to vacate the road, but still have the City provide maintenance and plowing of the easement until the property sells. City Attorney Keane stated that the City could maintain an interest in vacating the right-of-way for traffic purposes and keep it open for pedestrian access. He stated that continuing to maintain it on that basis would be an option. Councilmember Johnson stated that he is one of the neighbors that walks down Maple Avenue fairly often. He asked Planning Director Darling about the August 15, 2019 letter that stated that once a Public Hearing was set, the residents would be receiving a letter. He asked if the mailings were sent out or not. Planning Director Darling stated that the legal notices did go out, but the postal service must have delayed delivery. Mr. Pesos stated that he may have misspoke earlier he had not received notification at the time he had called the City on September 13, 2019 because he had not received the additional notification. Councilmember Johnson stated that he has seen the water issues in the area that go all the way up to the LRT property and explained that he is in favor of anything the City can do to resolve this situation. Councilmember Sundberg asked if vacating this roadway would solve the water problems. Planning Director Darling stated that vacating the roadway is not necessary to make changes to the area and it can be addressed via right-of-way or an easement. Councilmember Johnson read aloud from the League of Minnesota Cities that Mr. Laughlin had referenced that said a road can be vacated only when all the residents of the street abutting it on both sides have signed a petition. He asked for the legal opinion of City Attorney Keane on this issue. City Attorney Keane stated that Shorewood is a statutory City and in this case that is an important distinction. He stated that the City is bound by the strict provisions of operating as a statutory City. He stated that with a City initiated vacation can be passed with a four-fifths vote. Councilmember Labadie confirmed that because the City is a statutory city the signatures of homeowners abutting both side of the road do not matter in this instance. City Attorney Keane agreed and clarified that those rules are not applicable to a statutory city. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 6 of 14 Mayor Zerby stated that he thinks Mr. Laughlin should continue to have use of this land as he has for many years. He stated that the City needs to look at the drainage issues throughout the City and hopes that the ones in the area can be addressed. He stated that he thinks this issue needs more discussion. Zerby moved, Sundberg seconded, to Deny RESOLUTION NO. 19-089, “A Resolution approving the Vacation of a portion of Maple Avenue”, AND direct staff to explore a way to capture the understanding that it will be vacated upon sale of the home at 26505 Maple Avenue. Councilmember Labadie explained that her vote in favor of denial is because this will have no immediate effect on the drainage issues in the area and because City Attorney Keane has advised against approving it with a sunset clause when the property sells. Mr. Laughlin asked if rather than calling it a sunset clause if there would be way to include this information in the written record of the Council’s actions. City Attorney Keane suggested that staff have a discussion to consider the best way to memorialize the understanding rather than doing it on the fly. Mr. Laughlin stated that he just doesn’t want this to get hung up on the verbiage if everyone agrees. Motion passed 3/1 (Johnson opposed). 5. REPORTS AND PRESENTATIONS 6. PARKS A. Commissioner Hirner Report on September Parks Meeting Commissioner Hirner gave a brief overview of the Park Commission meeting as reflected in the minutes from September 10, 2019. Councilmember Sundberg noted that the clover patch has been eliminated and asked if it was just a situation where grass had taken over. Public Works Director Brown stated that the City worked with a number of groups for that patch and from the beginning, it was not executed in a fantastic manner. He stated that it was initially overtaken by weeds and the pollinator group that the City worked with suggested that it be abandoned and just mown over. Councilmember Sundberg stated that her recollection was that volunteers would be utilized to keep the area weeded. She asked if the pollinator group had come back with any other suggestions for the City that may be easier to keep up. Public Works Director Brown stated that he is not aware of any other suggestions from the pollinator group. B. Freeman Park Skating Rink Discussion Planning Director Darling stated that this is a two-part discussion on the pay scale for rink attendants as well as if the rink at Freeman Park should be opened this year. She explained that the warming house was not able to be open last winter because no one was willing to work on Friday and Saturdays. The Parks Commission looked at the pay scale for attendants and rather than raising the pay scale, they recommend a bonus for working on Fridays and Saturdays. She stated that the Parks Commission also discussed the possibility of closing the Freeman Park rink CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 7 of 14 during this next winter. She reiterated that the warming houses at Freeman were not open at all last year because they could not find staffing to cover it. She explained that it cost the City $18,127 to open, close and maintain the rink at Freeman. She stated that the Parks Commission is in favor of not having ice at Freeman Park this year, but would like to take a look at ways the City can get it back in future years. Councilmember Sundberg stated that she thinks both recommendations make a lot of sense. Sundberg moved, Labadie seconded, to approve the warming house attendant bonus and to close Freeman Park ice rink for the 2019-2020 season and look at ways to successfully get ice back in Freeman in future years, as presented by staff. Motion passed 4/0. C. South Shore Park Discussion Planning Director Darling stated that during the recent Park Tours, the idea was raised to consider selling South Shore Park and use the funds to support park development in other areas of the City. She stated that the Parks Commission is generally in favor of this idea and staff is looking for direction from Council on either to proceed with getting more information on the possible sale of this property or to study possible re-use ideas for the park. Councilmember Sundberg asked if it would be possible to move forward with both options so the Council could compare both options. Planning Director Darling stated that it will take a lot of staff time to develop the parks so there will be some cost involved. She stated that there should also be resident involvement in whatever facilities may be placed in the park. She expressed concern that if the City got input from residents into developing the park and then the City simply decided to sell, she feared that there would be resentment that their time was wasted. Councilmember Labadie stated that she thinks residents use parks that are not just in their immediate neighborhood. She stated that there is nothing at this park currently that would spark any interest from residents in going there. She stated that she would need a lot of persuasion to sell this land because the City will never be able to get more park land. She stated that she would prefer to just sit on it and hold onto it unless it could be proven that this money was absolutely needed for a project that it otherwise could not get. She reiterated that she would prefer to hold onto this land. She stated that she likes the ideas that have been generated for this space such as pickle ball, splash pads or expanding the community garden space. Mayor Zerby stated that he agrees with Councilmember Labadie and likes the idea of having green space in the City. He stated that he was personally involved with getting the skatepark put into this park which raised a lot of concerns from the senior community regarding the traffic in the area. He stated that he would not want to see this sold and have construction and new homes go into this area. Councilmember Johnson stated that he had raised this idea to the Parks Commission. He stated that every idea that was brought up for ways to repurpose the Park raised safety concerns for him because of the proximity to Highway Seven. He stated that the only value he saw at the park was the community garden which he thought may be able to be moved to an area of Manor Park. He stated that in order to make this park useable he thinks a lot of money will need to be spent. He stated that he thought of all the things in the CIP that are waiting for funding and thought perhaps CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 8 of 14 this might be a way to get some funds for other things. He stated that he does understand the advantage in having land over the long term. Councilmember Sundberg stated that she does not want to take any action right now and agrees that Highway Seven is an issue at this location. She stated that she thinks it needs more thought before the City considers selling it and does not think there is a rush. Mayor Zerby stated that he would like to see it continue to be used as a low maintenance park with the community garden and reiterated that he does not want to give up the land. D. Freeman Park South Playground Edge Control Planning Director Darling stated that that the playground has been demolished and the supports have been repainted. She explained that the new equipment has been delivered and is awaiting installation which cannot happen until the timber retaining walls are expanded. She stated that the City has received bids from landscapers for doing this work. Staff recommends accepting the low bid from Minnetonka Lawn and Landscape. Johnson moved, Labadie seconded, Approving RESOLUTION NO. 19-090, “A Resolution Accepting an Estimate and Authorizing Installation of Edge Control for Freeman Park South Playground.” from Minnetonka Lawn and Landscape in the amount of $6,753.35 for timber retaining walls at Freeman Park South. Motion passed 4/0. 7. PLANNING A. Report by Commissioner Gault on September 17, 2019 Planning Commission Meeting Commissioner Gault gave a brief overview of the September 17, 2019 Planning Commission meeting as reflected in those minutes. 8. ENGINEERING/PUBLIC WORKS A. Approve Professional Services Agreement for Hydraulic Analysis and Permitting for Mary Lake Outlet, Barr Engineering, City Project 19-09 Public Works Director Brown stated that Council is very aware of the concerns with the water levels at Mary Lake. He stated that staff has proposed that an emergency outlet be constructed so that severe impacts to surrounding homes can be avoided. He explained that staff had met with the Minnehaha Creek Watershed District as well as the Minnesota Department of Natural Resources to look at possibilities and necessary permitting. He stated that staff has also met with both Barr Engineering and WSB and Associates. He stated that staff is recommending that Barr Engineering provide hydrologic and hydraulic analysis to determine the proper pipe size and location. He stated that staff is recommending that WSB work with a contractor on the design and construction documentation. He noted that staff has also been working with Ernie Mayers and Associates, a directional boring company, to lay out the pipe alignment. He stated that the first step in the process to address the water issues in the area is the work by Barr Engineering for the hydraulic analysis being discussed tonight. He noted that there will need to be permission and rights of entry given by the property owners in order to complete some of this analysis. Staff is recommending approval of this proposed agreement. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 9 of 14 Paul Nelson, 23950 Elder Turn, stated that he came to the City four years ago about what has been going on and was told it was just ground water. He stated that the lake is now about sixteen feet away from his house. He stated that this summer there was no way to get in or out of their driveways and thanked City Administrator Lerud for helping them find a solution to access their driveways. He stated that they have lost trees, replaced sump pumps, had water in their basement and all of this has cost them a fortune. He stated that he has concerns about what will happen this winter. He stated that this situation has been very emotional and frustrating. He stated that they do not want to lose their home or their land. He stated that he has not gotten any letters about what is happening with this situation. He stated that the only way he found out about this discussion was because his neighbor knew. He stated that he is frustrated with the Council talking about spending money to beautify the City when there are infrastructure problems like this going on. Anna Sandor, 23950 Elder Turn, stated that she also wanted to thank City Administrator Lerud for what he has done to help them be able to drive and walk in their driveway. She stated that the berm was added on July 3, 2019, but the water level has not stopped rising. She stated that her lot is about one point five acres and there is probably only about one-half an acre left of dry land. She stated that she is here to ask the City for help. She stated that the trees on her lot are about fifty years old and add value to her property. She stated that they have already lost about twenty trees and the others are dying. She stated that she spoke to a master gardener from the Arboretum yesterday who told her that once big trees start to die it is hard to stop them and standing in water is a big stressor. She stated that she wants help from the City to protect her home structure. She stated that their basement flooded two years ago and they have been asking for help from the City since then. She stated that this needs to be addressed quickly and cannot wait until next year. She reviewed some of the expenses that she has incurred over the last few years. She stated that she would like her land and driveway to be restored to how it was years ago. She stated that the City needs to look at the long-term drainage problems in this area and come up with a solution. Pat Niemi, 23895 Elder Turn, stated that she now rents out this property but has owned it since 1969. She stated that she has lost beautiful Norway Pines and currently has four trees that are dying because they are standing under water. She stated that she has called and written many letters to the City. She stated that she has notes of conversations dating back to October of 2005. She gave an overview of conversations that she had with City staff. She stated that she was told there would be an outlet constructed in April of 2006. She stated that half of the cul-de-sac is currently under water and explained that she has concerns about snow removal and the spring melt. She stated that one of her renters had a satellite dish installed twenty years ago on land that is now three feet into the water. She stated that they also lost a storage shed because of the rising water. She stated that this situation is truly an emergency. She stated that time is of essence and the area needs to be drained quickly. Mayor Zerby thanked the residents for their comments and is stated that he understands that this has been going on for some time and explained that the City is working to address it. He asked Public Works Director Brown to address how quickly some of the work that is planned will be able to take place. Public Works Director Brown stated that the ponds and the lake are acting as one because the water levels are so high. He stated that the City has been pumping the water and will continue to do so. He stated that in the past it has taken about two weeks, but the water has not been as high as it currently is. He stated that they have obtained a permit from the DNR to bring the water CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 10 of 14 level down to the ordinary high-water level. He stated that the hope is to keep pumping until it reaches this level and at then go in and remove the gravel that was put down for the driveways so there is a normal condition for winter conditions. Mayor Zerby asked if the water was still being pumped into Lake Linden. Public Works Director Brown stated that Lake Linden will not take on any more water. Mayor Zerby asked about the schedule for the Barr Engineering work to create an outlet and how it will work. Public Works Director Brown stated that staff met with the Minnehaha Creek Watershed District and the DNR to discuss this situation as well as what outside entities will have to be involved in this process. He stated that the intent of the outlet is to manage the flow that is a foot above what the water normally rests at. He stated that the goal of it is to get the City out of the high-water condition that the City has been facing for a number of years. Mayor Zerby stated that the staff report says the project will be completed in November. Public Works Director Brown stated that there will not be any construction completed this year. He explained that the hydraulic study by Barr Engineering should be completed by November of this year. He reiterated that the intent is to drain the lake down so it can weather through the winter and the spring melt. Mayor Zerby asked if there were any other alternatives to get this done more quickly and asked how quickly the water was being removed. Public Works Director Brown stated that staff has spent a lot of time looking at this and there is not another feasible alternative. He stated that there is not a flow meter on this pump but would guess that they are removing about three hundred to three hundred fifty gallons per minute. He stated that the City will continue to pump non-stop until it freezes up. Wade Neimi, stated that he is Pat Neimi’s son and noted that right now they are not pumping any water at all. He stated that there is a big pump there, but it is not pumping. He understands that it is loud but asked if there was an option to find a quieter pump so the City really could pump twenty-four/seven. He stated that he would like to know where this water is coming from because prior to 2005, there were no water problems and would like to know what has changed, because they used to have to pump water into the lake. Public Works Director Brown stated that they have not been pumping on nights or weekends because there have been complaints about noise when they have pumped other projects. He stated that regarding what has changed, there are a number of basins that do not have outlets, and Mary Lake is one of them. He stated that water bodies go through a natural process and begin to fill in with sediment and erosion which begins to stop the natural percolation. Councilmember Sundberg asked if Public Works Director Brown had spoken to the residents in this particular area to see what their preference would be for hours of pumping and noted that they may be okay with longer hours of pumping because of the current water situation. Public Works Director Brown stated that he has had many conversations with the homeowners in this area but noted that the noise will affect the nearby neighborhoods as well. He stated that if he were to ask, he would get many varied opinions on what should be done. He stated that he could look into renting a sound attenuating pump to see if it can be run additional hours. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 11 of 14 Councilmember Sundberg stated that she thinks the City needs to favor the residents that are personally impacted by the high water and understand that there will be short term nuisance issues for nearby neighborhoods. Councilmember Labadie asked what days of the week the City is currently pumping and what hours. Public Works Director Brown stated that they are pumping Monday through Friday starting about 8:00 a.m. and the pump is shut down anywhere between 3:30 p.m. and 7:00 p.m. Councilmember Labadie asked if it was a timer or a manual shut off. Public Works Director Brown stated that it is a manual shut off and there are records kept as to the time it was turned off. Councilmember Labadie asked if the City would pump either additional hours or additional days if it could be done without the risk of flooding downstream. Public Works Director Brown stated that he does not have a clear answer to that question. He stated that his hunch is that if the City does not increase the volume, they can pump longer hours without causing a problem, but there are concerns and objections to this downstream. Councilmember Labadie asked about the objections he mentioned. Public Works Director Brown stated that there have been objections to pumping at all because by pumping, the City is altering the direction the water is going because it is not percolating through the bottom of the lake. Councilmember Labadie asked how many gallons would need to be removed in order to bring the water level down by an inch. Public Works Director Brown stated that they can come up with those calculations but suspects it would take five or six weeks of pumping. Councilmember Labadie stated that she agrees with Councilmember Sundberg that the City needs to take into account the impact on the immediate neighbors and suggested working something out to extend some of the pumping hours as long as the City is not flooding the downstream area. She stated that she is very nervous about what may happen if there is a monster snow fall again this winter. Mayor Zerby recessed the meet at 8:58 p.m. in order for the recording tape to be switched and reconvened the meeting at 9:00 p.m. Councilmember Labadie stated that she understands running the pumps for longer hours or on weekends may make the Council unpopular, but would suggest that the residents who complain be invited to the next Council meeting. She stated that at the meeting, the Council could defend their decisions and the residents that are directly affected by the water level could also speak up and explain that situation to those who do not like the noise. Pat Neimi, 23895 Elder Turn, thanked the Council because she really feels like they have listened to her both at this meeting and at the last meeting she attended. She asked if dredging would be possible to get rid of some of the sediment. Mayor Zerby stated that he is not the expert, but knows that the City has found that with other projects, most water bodies have been contaminated and dredging disturbs those materials, so it is not allowed. Public Works Director Brown stated that this is a DNR protected wetland and they will not allow the City to dredge the lake. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 12 of 14 Ms. Neimi asked if it would be possible to put numerous pumps at different locations around the lake so the water could be pumped in different directions. Public Works Director Brown stated that staff has spent many hours trying to find a path and the only feasible option is the one that they are looking at now with Barr Engineering. Councilmember Johnson stated that the Council does hear the concerns that are being raised and explained that he is in support of continuing forward with the Barr Engineering proposal to complete the first step of the process with the hydraulic study. Johnson moved, Sundberg seconded, Adopting RESOLUTION NO. 19-091, “A Resolution to Approve a Professional Services Agreement with Barr Engineering, City Project 19-09.” Motion passed 4/0. Councilmember Johnson stated that he has gone to this area to see the problem with his own eyes and noted that he would support the suggestion by Councilmember Labadie to extend the hours even if it means the Council needs to defend itself from complaints by other residents. He stated that he would also support renting a sound attenuating pump. Councilmember Sundberg stated that she agrees, but bristles at the idea of the Council having to defend themselves. She stated that the City needs to help these residents and the people who complain may have a time in the future when they will want the City to step in and help. She stated that she sees this as being the normal give and take of neighbors. Mayor Zerby asked if the Minnehaha Creek Watershed District would look into the question that was asked about where this water is coming from and the increased elevation since 2005. Public Works Director Brown stated that this issue is not isolated to just Mary Lake and noted that he feels it is very significant that this year looks to be the wettest year on record since 1859. He stated that he can ask the question but is not sure if there will be an answer beyond the rainfall amounts and the decreasing percolation rates under the lake. Councilmember Labadie asked if the Council should put forth a motion to extend the pumping hours or if this would be considered an emergency situation and the decision could be left to Public Works Director Brown. Public Works Director Brown stated that staff understands Council’s direction. He stated that he will rent a pump tomorrow, if one is available, and will extend the pumping hours and days. 9. GENERAL/NEW BUSINESS A. Adopt the 2020 Preliminary General Budget and Levy Finance Director Rigdon noted that the Truth in Taxation Hearing will be held December 2, 2019 at 7:00 p.m. He gave a brief overview of the budget and levy and noted that it includes a 5.9 percent increase in the levy but the tax impact to homeowners may be less and should be closer to being between a range of 1.5 to 3 three percent. He stated that for a home valued at $600,000, a 5.9 percent levy increase would mean an increase in their property taxes of about $27 per year. He noted that once the preliminary budget and levy are adopted, they cannot be increased, but can be decreased. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 13 of 14 Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 19-092, “A Resolution Adopting the Preliminary 2020 General Fund Operating Budget and Property Tax Levy.” Motion passed 4/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Public Works Director Brown stated that the City is still facing a number of water issues. He stated the crews are working patching and flushing the water mains. He stated that this past weekend was fraught with a number of infrastructure hits from what appears to be lightning. He stated that two lift stations and two wells went down. He stated that they are all back up with the exception of Badger Well which is still having some issues. City Engineer Fauske stated that the contractor should be out the first full week of October to do the overlay projects. She stated that she has asked for a detailed schedule so the City will know what streets they will be working on and when and will make sure this information is communicated to residents as soon as it is received. Planning Director Darling stated that the rest room is underway at Badger Park and the shelter should be going up in mid-October which is about the time when the playground should be going in as well. City Administrator Lerud stated that the orientation for the deer management program was held on September 19, 2019 and five deer were taken last weekend and were all recovered. B. Mayor and City Council Councilmember Johnson stated that he had met with Joe Schneider to get an overview of the Holly Lane drainage situation. Planning Director Darling stated that she has been looking into the situation and believes that the City will take the traditional enforcement path. She stated that there was an inspector at the site however the improvements are too far into the property and cannot be seen from the road so they will have to make an appointment with the property owner to see if they will allow the City onto their property to inspect the issues. Councilmember Johnson noted that he thinks the issues can be seen from a nearby property also. He noted that a few weeks ago during Matters from the Floor, there was an individual who got up and spoke asking the Council to consider reciting the Pledge of Allegiance and for the most part, he felt the Council supported the idea. He asked what the next steps for the Council would be to start including that at every meeting. Mayor Zerby suggested that it be added to the agenda for the next meeting so the Council can vote on it. Councilmember Labadie stated that the Movie in the Park was a few weeks ago and noted that she was pleasantly surprised at how many people were there and it seemed as though all age groups were represented. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 14 of 14 Councilmember Sundberg expressed her appreciation to the staff because she feels they are doing a great job on all fronts. 11. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of September 23, 2019, at 9:23 P.M. Motion passed 4/0. 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: October 15, 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. 65713 65760 & ACH 367,131.85 Total Claims $367,131.85 We have also included a payroll summary for the payroll period e September 29, 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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The Shorewood City Code provides that an applicant complete an application and pay a licensing fee. The following applicants have successfully submitted a complete application, have successfully passed a background investigation through South Lake Minnetonka Police Department (SLMPD), have paid the current annual tobacco license fee of $250 and have signed and agreed to the city code requirements. This section of code includes providing access to the police department during regular business hours and an annual compliance check. One licensee, Lucky’s Station, had a violation during this period and has paid the Administrative Fine and is in complete compliance to date. The period for renewal of the following licenses to sell tobacco in the City of Shorewood is effective November 1, 2019 to October 31, 2020: 1) Cub Foods #1636 23800 State Highway 7 2) Holiday Stationstores, LLC 19955 State Highway 7 3) Lucky’s Station 24365 Smithtown Road 4) Shorewood Cigars and Tobacco, Inc. 23710 State Highway 7 5) MGM Wine & Spirits 5660 County Road 19 Financial or Budget Considerations: The licensing fees collected as revenue offset the expense of issuing the permits pursuant to Shorewood City Master Fee Schedule. Recommendation/Action Requested: otion: M Staff respectfully requests the city council approve the Resolution Approving the 2019- 2020 Licenses to Retailers to Sell Tobacco Products for the period of November 1, 2019 Motion, Second, and Simple Majority required. through October 31, 2020. Connection to Vision/Mission : Consistency in providing the community with quality public services, a variety of attractive amenities, a sustainable tax base and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19-xxx A RESOLUTION APPROVING LICENSES TO RETAILERS TO SELL TOBACCO PRODUCTS WHEREAS, Sections 302 of the Shorewood City Code provide for the licensing of the sale of tobacco products in the city; and WHEREAS, the Shorewood City Code provides that an applicant shall complete an application and pay a licensing fee; and WHEREAS, the following applicants have satisfactorily completed an application and paid the appropriate fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the sale of tobacco products be issued for a term of one year, from November 1, 2019 to October 31, 2020, consistent with the requirements and provisions of Chapter 302 of the Shorewood City Code to the following applicants: Applicant Address Cub Foods #1636 23800 State Highway 7 Holiday Stationstores, LLC 19955 State Highway 7 Lucky’s Station 24365 Smithtown Road Shorewood Cigars and Tobacco, Inc. 23710 State Highway 7 MGM Wine & Spirits 5660 County Road 19 ADOPTED by the City Council of the City of Shorewood this 15th day of October 2019 _______________________________ ATTEST: Scott Zerby, Mayor ____________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2E Title/Subject: Resolution Electing to Not Waive Statutory Tort Limits Meeting Date: October 15, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: REGULAR Attachments: Resolution Policy Consideration: Should the City waive the statutory tort limits, waive the limits and purchase excess liability coverage, or waive the limits and not purchase excess liability coverage. Background: The City Council is required to annually pass a resolution indicating if they wish to waive or not waive the monetary limits on municipal tort liability insurance established by Minnesota Statute 466.04. The current statutory liability limits are $500,000 per claimant and $1,500,000 per occurrence. Traditionally the city has not waived statutory tort limits and purchased additional liability insurance. Financial or Budget Considerations: Traditionally the city has not waived liability limits and purchased additional liability insurance. The proposed 2020 budget has been prepared as if that practice continues. Options: The City Council can do the following: 1. Adopted the attached Resolution and not waive the limits. 2. Waive the statutory limits and not purchase excess liability insurance coverage. 3. Waive the statutory limits and purchase excess liability insurance coverage. Recommended Action: Staff recommends that the City Council adopt the Resolution as presented. Next Steps and Timeline: Staff is working through the insurance renewal process for the November 1 renewal date. 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 LIABILITY COVERAGE WAIVER FORM Memberswho obtainliability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before themembereffective date of coverage.Return completed form to your underwriter or email to pstech@lmc.org. The decision to waive or not waive the statutory tort limits must be made annually by the , in consultation with its attorney if necessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits, an individual claimant couldrecover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limitsapply would be limited to $1,500,000. These statutory tort limits would apply regardless of whetherthe member purchases the optionalLMCITexcess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000for a single occurrence(under the waive option, the tort cap liability limits are s $2,000,000).The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort limitsand purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants couldrecover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LMCIT Member Name: __________________________________________________________________________ Check one: DOES NOT WAIVE The member the monetary limits on municipal tort liability established by Minn.Stat.§ o 466.04. WAIVES The member the monetary limits onmunicipaltort liability established by Minn.Stat.§466.04, to o the extent of the limits of the liability coverage obtained from LMCIT. Date of membergoverning body meeting:__________________________________________________________ Signature:_______Position:_______________ CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 19 - RESOLUTION ELECTING TO NOT WAIVE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE WHEREAS , pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has requested the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS , the choices available are to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, or to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS : That the Shorewood City Council does hereby elect to not waive the statutory tort liability limit established by Minnesota Statutes 466.04, and elects to purchase additional liability insurance. This election is effective until amended by further resolution of the Shorewood City Council. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15 day of October, 2019. ATTEST: Scott Zerby, Mayor ________________________________ Sandie Thone, City Clerk #2F MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title /Subject: Approval ofThree Rivers Park District Winter UsePermit Meeting Date: October 15, 2019 Prepared by: Larry Brown, Director of Public Works Attachments: Resolution with Permit Form Background: Three Rivers Park District manages the Regional Trail Corridor. The Lake Minnetonka LRT Regional Trail (formerly named the Southwest LRT Regional Trail) runs through the city of Shorewood. Attachment 1 to this memorandum is a letter from Three Rivers Park District which describes the permit provisions. The Three Rivers Park District requires that cities maintain the Trail during the winter period of November 15 through March 31, for specific activities listed on their Winter Use Permit. Therefore, staff has prepared the Winter Use Permit application with the following activities being identified as allowable during the winter within the Shorewood portion of the Regional Trail: hiking, biking, snowshoeing, cross - country skiing, pet walking, and horseback - riding. These activities remain unchanged from previous years. As part of the permit provisions, Three Rivers Park District will pay $500/mile/season for plowing of the trail. Shorewood plows 2.3 miles of the trail. Three Rivers Park District is giving cities the option to submit the winter use permit for up to three winter seasons. As the activities have been unchanged over the past several years, staff supports the permit request for a three -year period. Three Rivers Park District is named on the city's general liability insurance certificate. Recommendation: Staff recommends approval of the Resolution that approves the Winter Use Permit for Three Rivers Park District for a three year period. Financial or Budget Considerations: None. Options: 1.Authorize submission of the Winter Use Permit to Three Rivers Park District, for a three year period, for the 2019 -20 Winter Season, 2020 -21 Winter Season, and 2021 -2022 Winter Season. 2.Provide staff alternate direction. Mission Statement: The City of Shorewood is committed to providing residents qualit healthy environment, a variety of attractive amenities, a sustai management through effective, efficient, and visionary leadership. Page 1 Three Rivers September 18, 2019 Park District Board of Commissioners Enclosed is a copy of the 2019-2020 Winter Use Permit request form for regional trail segments located within your community. Please determine the level of win Marge Beard out the application form and follow the procedures outlined belo District 1 plan to authorize any winter use activities, please indicate None in the box at the top of the permit and return it. Below are changes to this years process: Three Rivers will reimburse the city $500 per mile of regional trail within c are plowed for winter use. The reimbursement is a per season amount ($500 per mile, per Jennifer DeJournett District 2 season). Because you have the option to commit to a one, two, or-year winter season, you will automatically receive this the subsequent years. The Winter Use Permit ultimately authorizes your City to utilize the section of trai Daniel Freeman, request. Permitted activities are determined by individual commuThree Vice Chair Rivers approval. An updated Certificate of Insurance, naming Three RiveDistrict as an District 3 additional named insured, should be submitted with the permit ap directly to me. Coverage will need to show inclusive dates from 5, 2019 through March 31, 2020. Those cities that choose to permit use beyond the 2019-20 winter season will be asked for updated insurance forms during the next permit cycle. Please John Gunyou, Chair regulations for winter use as well. District 4 As part of the attached permit, the city agrees to maintain the uding, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15,2019 and March 31, 2020. John Gibbs District 5 Please submit all information to: Heather Kuikka Heather.kuikka@threeriversparks.org Gene Kay Three Rivers Park District Appointed 3000 Xenium Lane North At Large Plymouth, MN 55441 If you have any questions regarding this process, please contact me at 763-694-7649 or heather.kuikka@threeriversparks.org Steve Antolak Appointed At Large Thank you, Boe Carlson Superintendent Heather Kuikka Planning Administrative Specialist Administrative Center, 3000 Xenium Lane North, Plymouth, MN 5544-1299 Information 763.559.9000 " TTY 763.559.6719 " Fax 763.559.3287 " www.ThreeRiversPark RESOLUTION 19-095 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE THREE RIVERS PARK DISTRICT WINTER USE PERMIT WHEREAS, Three Rivers Park District requires a permit for winter use activities for the Lake Minnetonka LRT Regional Trail which runs through a portion of the City of Shorewood; and WHEREAS, staff has completed said permit form for November 15 through March 31 for a three year period, for the 2019 -20 Winter Season, 2020 -21 Winter Season, and 2021 -2022 Winter Season. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota approves the Three Rivers Park District Winter Permit as attached. th Passed by the City Council of Shorewood, Minnesota this 15 day of October, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2G Title/Subject: Pledge of Allegiance Meeting Date: October 15, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Background: During Matters from the Floor at the August 12 council meeting, the council heard a request from a Shorewood resident for the council to consider saying the Pledge of Allegiance before council meetings. Based on the council comments at that meeting, the consensus of the council was to add the Pledge to the council meetings. At the September 23 council meeting, Council member Johnson requested that the council formalize a decision regarding saying the Pledge. Recommended Action: Based on Council comments, it is recommended a motion to adopt the following statement: It shall be the policy of the City of Shorewood to recite the Pledge of Allegiance before all City Council meetings after October 15, 2019. Next Steps: Staff will revise all future council meeting agendas to include the recitation of the Pledge of Allegiance. 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 City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Approve Property Restriction for a Portion of Badger Park Meeting Date: September 15, 2019 Prepared by: Marie Darling Attachments: Resolution Approving Restriction Background: The City was awarded a $150,000 Outdoor Recreational Grant sponsored through the Minnesota Department of Natural Resources prior to beginning the Badger Park reconstruction. Staff is ready to begin the process to request reimbursement of park expenses up to the amount awarded. As a condition of the award, the City is required to record a deed restriction that requires the park be permanently maintained and managed for outdoor recreation purposes. The attached resolution includes their required language. Financial or Budget Considerations: The resolution must be recorded prior to submitting receipts for reimbursement of the park expenses. Recommendation / Action Requested: Because the requirement is not a conflict with the long-term goals of the city for the park, staff recommends approval of the resolution restricting the park to be permanently maintained and managed for outdoor recreation purposes. Next Steps and Timelines: Once the resolution is certified, staff would send the resolution to Hennepin County for recording and submit the necessary forms for reimbursement to the DNR. 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:\Parks\Badger Park\2017-2019 rehab\Council CAF and Resolution\CAF 191015 deed restriction for MN DNR grant.docx CITY OF SHOREWOOD RESOLUTION NO. 19- APPROVING BADGER PARK DEED RESTRICTION REQUIREMENTS FOR THE DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT WHEREAS , the City of Shorewood (“City”) was awarded an Outdoor Recreational Grant sponsored through the Minnesota Department of Natural Resources (“DNR”); and WHEREAS , Badger Park is legally described as: nd Lot 12, Block 2 in Echo Hills 2 Addition, except that part of the east 28 feet thereof, lying south of the westerly extension of the northerly line of Lot 2 ,Block 1, Echo Hills, according to the plats thereof on file or of record in the Office of the Register of Deeds in and for said Hennepin County. WHEREAS , the grant agreement requires that the City record specific language with the deed for land within Badger Park to restrict future uses of the property. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, thatin order to comply with the Department of Natural Resources Outdoor Recreation Project Contract LW27-01420, the City of Shorewood does hereby impose the following restrictions on the property described in Attachment C to that contract: 1. The property shall be permanently managed and maintained for public outdoor recreation use. 2. The City shall not at any time convert any portion of the park area to uses other than public outdoor recreation use without the prior written approval of the State of Minnesota acting through its Commissioner of Natural Resources. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of October, 2019. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk #7A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Variances for Front and Bluff Setbacks Applicant: Refined Remodeling, Inc. Location: 5875 Ridge Road Meeting Date: October 15, 2019 Prepared by: Marie Darling, Planning Director Review Deadline: November 22, 2019 Attachments: Correspondence received Planning Staff Memorandum Minutes from the September 17, 2019 Planning Commission Meeting Resolution Background: See attached memorandum and minutes for detailed background on this item. At the September 17, 2019 meeting, the Planning Commission unanimously recommended approval of the variances to allow a home and garage addition to be constructed within the bluff and into the required front setback, based on the finding that the applicant has met the variance criteria. The applicant was present at the meeting; four residents from the public spoke in favor of the requests; and two letters in favor of the application were received. During the Planning Commission meeting, the applicant indicated that they planned to increase the impact of the project on the bluff in front of the home to add a sidewalk from the driveway to the front door. The applicant has since submitted a revised survey showing that the original location of the front retaining walls was in fact an error and were further back than shown on the original survey. As a result, no additional impact would be required for their planned walkway. Financial or Budget Considerations: The application fees cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request based on the findings that the criteria for a variance had been met, specifically that the applicant has identified that there is a practical difficulty in complying with the regulations and that the request is the minimum variance necessary to alleviate the practical difficulty, subject to the conditions in the attached resolution. Potential motion: Move to adopt the attached resolution approving a request for front and bluff setbacks for property located at 5875 Ridge Road as requested by Refined Remodeling, Inc. Motion requires a simple majority to adopt. Next Steps and Timelines: If the request is approved, the applicant could assemble and submit a building permit application. 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\Carpenter - VAR Ridge Road\CAF Memo.docx Marie Darling From: Maureen <maureenutz @gmail.com> Sent: Monday, September 16, 2019 11:32 PM To: Planning Subject: 5875 Ridge Road request for variances Dear City Council members, We are writing to you in regard to the request for variances on setback and Bluff at 5875 Rine Rd. We are in FULL SUPPORT of the owners being granted these variances. They would allow for a small front entry addition, expansion to the existing garage and replacing of a porch. We live directly across the street at 5800 Ridge Rd and share a linear easement that is a portion of RidgeRoad We 100 % believe these variances will allow the owners much needed improvement of their property and will not harmfully impact the surrounding environment. We applaud their hard work and efforts. We ask that you grant them the variances required to move forward with their improvements. Respectfully, Drs Maureen and Bill Utz Marie Darli From: Carol Smith <Carol @highfiveonline.com> Sent: Tuesday, September 17, 2019 1:24 PM To: Planning Cc: Carol Smith; red smith Subject: Public Meeting for request of a Set Back and Bluff Variances - 5875 Ridge Road Dear City Council Members We are writing to you in regard to the request for variances on Setback and Bluff at 5875 Ridge Road. We are in FULL SUPPORT of the owners' request. Their proposal and ultimate house plans would have a positive impact on their living conditions and to the neighborhood. These improvements are reasonable and would not be harmful to the environment. We request that you thoughtfully consider this request and vote YES so they can move forward with their much needed building project. Respectfully submitted, Carol and Richard (Red) Smith 5860 Ridge Road e� UOIauuiw 10 Alio peOcl IM a I a a a a a a a IN a a a (� a a t6 a a a O � i 7i h a > a a a a (n ca � C) a c U "- O a G a � a a 77� a a a a \e oo LL 0� a a a a N a o J a a a a CD o co }' L a a U m a a o a S 7/20/2019 „a Brian & Heidi Carpenter residence — variance request E 5875 Ridge Road Shorewood, MN 55331 Planning Commissioners, Refined Remodeling has been hired by our Clients to complete a remodel /addition of the home located at 5875 Ridge Road. The "to -be- remodeled” home currently sits on a site similar to most other homes in the neighborhood. Our request includes a setback variance from the private Ridge Road and a setback variance from the bluff zone required to complete the remodel for our Clients. Zoning Variance Narrative: We are requesting a setback variance for an addition to a small portion of the west /northwest side of the house and the north /northwest portion of the garage for a home remodel/addition project. The existing home is in desperate need of a number of general building /energy code and life- safety related updates. In addition, we are requesting the variance to accommodate Brian who has a permanent disability and allow reasonable living space for our growing family. In 2014, Brian sustained a crush injury to his left foot which will eventually result in a below the knee amputation. Brian has since had 6 surgeries and was left with minimal mobility which makes stairs and uneven surfaces difficult as well as painful. We are modifying the home to allow Brian a reasonable size one -level living layout and allow for future ADA compliance flexibility and aging in -place accessibility options (door ways, bathroom, shower, direct access to the home from the garage, etc.) in case of developments in the severity of Brian's disability. It is our intention to stay in the home for the remainder of our lives so are proposing to minimally expand the current structure to allow for the accessible living improvements described above to continue to raise our young family in the Shorewood community. Conformance to current variance standards: 1. The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of the zoning regulations: All aspects of the variance request and proposed use are consistent and meet with the intent of the comprehensive plan and in harmony with the general purposes and intent of the zoning regulations. There is no,requested change to the existing use or occupancy type of the property. 2. The applicant has established that there are practical difficulties in complying with this Chapter. Practical difficulties mean: (a) The property owner proposes to use the property in a reasonable manner, but which is not permitted by this Chapter: The property owner is proposing a minimal expansion to the home and garage space that fits with other homes in the area to allow for reasonable use and enjoyment of the property — it is also based on the owner's physical disability to allow for safe, continued occupancy of the home. (b) The plight of the landowner is due to circumstances unique to the property not created by the landowner: The circumstances are driven by the existing conditions which are unique the property and were not created by the landowner. When the subject home was built it conformed to established ordinances. Due to changes in set back requirements and bluff delineation portions of the existing home now fall within the private Ridge Road and bluff setbacks preventing reasonable use and expansion. The proposed remodel /addition plans are designed to fit with the existing layout /design of the home and cause minimal disturbance to surrounding topography. The proposed changes are limited to portions of the property that are already hard- surface or previously developed parts of the property. (c) The variance, if approved, would not alter the essential character of the locality: The proposed project does not alter the essential character of the locality. The design and use of the property remain residential and fits the overall character of the area. 3. The variance would not be based exclusively on economic considerations: The variance is not based exclusively on economic conditions. It is based on modifying the homes design to accommodate for Brian's physical disability and to allow for a safe and healthy living environment to raise our growing family. This is planned to be our lifelong home. 4. The variance shall not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public street or increase the danger of fire or endanger the public safety: The variance does not impair an adequate supply of light and air to adjacent properties. There is no proposed use that increases congestion in the public street or increases the danger of fire of endangers the :public safety. The proposed project actually addresses and corrects non - conforming building code and life /safety issues with the current home. 5. The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other lands or improvements in the neighborhood: The variance and its resulting construction are not detrimental to the public welfare, it is not injurious to other lands or improvements in the neighborhood. All proposed improvements are contained within the subject property. 6. The variance is the minimum variance necessary to address or alleviate the practical difficulties: The variance is the minimum variance necessary to address or alleviate the practical difficulties. The design of the remodel /addition is based on creating an accessible, main level living design with direct access from house to garage to accommodate Brian's disability. The design is based around keeping the major layout and architectural features of the existing home intact with no expansion closer to the lake side of the home. The variance requested is an addition for a protected front entry, stairs to lower level and attached garage with direct access to the home. 128 sf of the proposed home addition and 397 sf of the garage addition is within the current 58' setback to the private Ridge Road,and a small portion (90 sf), of the proposed garage addition within the bluff area adjacent the existing driveway. Due to the age of the home there are portions of the existing home living area, garage, driveway and decks that fall within the current Ridge Road and bluff zone set -backs so any proposed addition improvements require a variance. All proposed additions are within existing hard surface areas. There will be no net hardcover increase as we are planning to remove portions of existing hard surface walkways, decks or landings to balance out the 77sf overall hardcover increase as shown on the attached survey and achieve a net zero hardcover change. Thank you for your consideration, Duane Kozitka REFINED Remodeling, Inc. 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U VALUE- 032 MIN. 5M .0.35 • 8UILPER TO PROVIDE WIDOW ORDER L15T WITH U FACTOR, 5GFIC, 6 6% RATMG FOR EACH WINDOW 6 EXTERIOR DOOR • BUILPER TO VERIFY ALL WINDOW, POOR & OPENING FUR. WYE. • WINDOW WELLS WITH A VERTICAL DEPTH OF MORE THAN 44° MU5T BE EQUIPPED WITH AN APPROVED LAMER EXT. FINISHING NOTES XX 519ING/ 5NAKE5 XX 8 ° &3° FASCIA UNLESS NOTED OTIERWISE XX SOFFIT W/ VENT5 XX TRIM XX SHINGLES REAR ELEVATION SCALE• 1/4 °- 1'•0° BRICK FRONT ELEVATION SCALE, 1 /4 °. P-0• 0 50. FT. FF XXXX 50 FT XXXX 50. FT. TOTAL %XXX 50. FT. L L. FIN. 50. FT. TOTAL X XX SO FT T FIN XXXX 50. FT, TOTAL XXXX 50. FT. SCREEN PORCH XXXX S2 FT. DOW5 ROOM XXXX SO. FT. LOWER GARAGE a0 � xixi o� 0m_ �wE ®,� w owo u� Zo a: z 000--- 100 -Jm3 � W O t-W t7 z z - N f V z'QQ aN >� O =Q� Nd m j -O ZV ®jpJj u� f _1 �W 7V H E q0 co wV0 z 4"O pa �U n � W NC�yI I+1 4-4 -19 REVISION& u;� ORAWN BY CITY OF SHORE, IVI Existing Elevations NE IT NO. I A 09/06/2019 4:08:10 PM ERAGKET DETAIL SCALE, 1/2• • 1'-01 EXTERIOR NOTE5 FLA514IN0 NOTES • KICKOUT FLASHMIG TO BE INSTALLED AS NEEDED SY ROOFWG CONTRACTOR • EXTERIOR WAIL FINFSIER TO VERIFY THAT KICKOOT FLASHING 15 MbTALLEO PRIOR TO FINISHING • CARPENTER TO FLASH ALL EXTERIOR WIWOW5 6 DOORS PER MN 6 IRC CODE REOUIREMENT5 WINDOW NOTES MARVIN INTEGRITY WIWOW5 CODE 11111N. U VALUE • 032 MIN. 5THC • 035 • BULDER TO PROVIDE WMRDOW ORCER LIST WITH U FACTOR, SOW. 6 5T6 RATNO FOR EACH WMIPOW 6 EXTERIOR POOR • BUILDER TO VERIFY ALL Ww", ODOR d OPENIw NOR. HTS. • WINDOW WELLS WITH A VERTICAL DEPTH OF MORE THAN 44• 1AU5T SE EOUPPED WITH AN APPROVED LADDER EXT. FINISHING NOTE5 "RDIE 5101w /SHAKES MATCH EXIST. 0"63" FASCIA Uhtl_E55 NOTED OTWRW15E MATCH EXIST. SOFFIT W/ VENTS M IRATECH TRIM MATCH EXIST. SNINGlE5 i1r,1 1 film :f.: C OMNI KAROle- CC =_ I�1 13• WINDOW 6 POOR TRIM (TYP.) GARAGE FRONT ELEVATION 5CN-E� I/4' • I 12• TRIM Proposed Elevations a0 � w£ -d =W .d Z. 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AND GIRDER TRUSSES To FOUNDATION 5-11-19 J14 • PROVIDE FREBLMINIO VERTICALLY f 6eLM5 & FLOORS A 13-20-19 j" HORIZONTALLY f INTERVALS NOT eXagOW 10•' 5-24-19 JH (CONCEALED 5PAX5 f SOFFITS, DROPPED CEILIN65, BETWEEN 1-29-19 69 IR STA 5TRNS 'ERS & BETWEEN STORIES 5-31-19 JH • PROVIDE DRAFT 6TOPPW BETWEEN 5TORK6 DIVIDED INTO 9-3-19 co APPROXIMATELY EOUX SPACES HOT EXCEEZ,W 1,000 SOFT. • ALL SPRAY FOAM INSULATION MUST Be CMRW BY MIN. r GYP. ED AT HABITABLE AREAS DRAWN BY: Off DETECTORS JH - �Ieg�*WmeYERY BEDROOM 67"' OotAL No comlOOR 61VIW ACC658 10 THE SevRoom ON EACH FLOOR 219140 Proposed Floor Plan WLW"* THE BASEMENT. & IN AY ROOM THAT K45 A CEILING SHEET 0. HEIGHT MORE THAN WHISPER THAN A CORRIDOR 6Ivm ACCESS TO THE BEDROOMS. PROVIDE CARBON MONOXIDE DETECTORS WnHIN 10'-0' Of ALL 3 • 5emoOM5 09/06/2019 4:06:11 PM 5EE ENGINEERING PA6E5 51-5X 0 �i fa Zap ° �wf ®Nw mo=o �a �o z ci 0. aa 00 z � w .Ta o w awo ooz zwoH- ZNy�U �aa a � rc a >r P?�o �ZJV ©JR� u Zz m " 0 P.I 0 P 0 new WALLS W Z FOUNDATION PLAN SCALE, 1/4••1'.0• W EXTERIOR DIMEN5ION ARE FROM EXTERIOR OF FOUIDATIM WALLS AT FULL 545EMENT AREAS ANT AS NOTED AT FRAMES WALLS AT LOOKOUT AND WALKOUT AREAS Ey �( 0 (n BASEMENT FINISHED 778 50 FT. BASEMENT UN•INISWA X%XX SP. PT. WINDOW d DOOR NOTES O W Q+4 MAR60 INTEGRI77 WINDOW" LOGE MN, U VALUE • 0!2 MEL BTHIG • 033 ALL W,N oWWB SET AT 6'-6° UNLESS NOTED OTHERWISE allXAEA TO PROVIDE WNOW OROER L15T WITH U FACTOR, 5ORC, 6 STC RATOD FOR EACH WINDOW 6 EXTERIOR DOOR 1. allLVER TO VERIFY A- WINDOW POOR 6 OPENNO NOR. HTS. • WINDOW WELLS WITH A VERTICAL OEM Of YORE THAN 44' N R+y a MUST DE EOUE'PED WITH AN APPROVED LADDER W 0 a IL .GUARDRA NOTE5 • 6UAROR OVIREO ON OPEN SDE OF ANY STAN MOE THAN E 30' ABOVE FLOOR • ALL OPENROS LE39 THAN VAT ALL 6VARORAL5 I[�� -]1 lid R Od2 aYa M Tpa ^ �i w • ALL FLOORS TO BC L /160 /1 FOUIJATIDA WALL b FOLM�ATk ' II�X ATIOA fv W POURED WALLS W/ SINGLE PLATE BASEMENT FLOOR RAN T FLOOR RA TO WALKOUT STEM WALL O C • MAINTAIN SOX. R 0RJ O CAPACITY OTIN LOS CAPACITY 2. 00 LOS MN &RODE ABOVE T \ ODYTOM r o BOROM OF DECK 6 PORCH S To TO Be OELOW GRADE V VERIFY • MASONRY CONTRACTOR TO YERFY WALL 6 f00TMD O1 WITH SITE CO • MASONRY COUNT MASONRY CONTRACTOR VERIFY ALL VERFY ALL WALL REOUIREMENTa AT Al UNBILAJCEp pACKfX.I. LOCATIONS U L L CAT0 • BYP. W. REQUIRED AT ENTIRE CELINO (EXCEPT 60 SOFT. MAXMWM AT MECHANICAL) • )' 6YP. W. AT WALLS 6 CEILNO BELOW STARS • ALL SPRAY FOND INSULATION W5T BE COVERED BY Al EL )' OYP. W. AT HABITABLE AREAS MATCH EXIST, PLATE H eVAIT UNLESS NOTED OTHERWISE 2X6 5TUOS 6 POCKET DOOR WAILS UN.E55 NOTED OTH MMIW • DOABLE STUDS AT ALL WBDOW 6 PATIO DOOR HEIOFR5 UNLeaB NOTED oRfRWISE • PROVIDE LVL /L6L 50LIP BLOCKED AT ALL POINT LOADS. SUPPORT BEAMS, I11I6ROLAM5, 6 ORDER TRUSSES TO FOUNDATION • PROVIDE FIRE BLOCKED VERTICALLY W CELROS 6 m-om5 6 HORIZONTALLY 6 INTERVALS NOT EXCEEONO I0•0' (CONCEALED SPACESW SOFFITS, DROPPED CELWDS BETWEEN STAR STRO5ER5 6 BETWEEN STORES) • PROVIDE DRAFT STOPPED BETWEEN STORES ONIDED INTO APPROXIMATELY EQUAL SPACES HOT EXCEEDED 1,000 SOFT. • PROVIDE SMOKE DETECTORS N EVERT BEDROOM 6 THE COAWA NO. CORRIDOR 61VIW ACCESS TO THE BEDROOM ON EACH FLOOR 219140 MaW INO THE BASEMENT, 6 N AY ROOM THAT HAS A CEN.M SHEET NO. )EIGHT MORE THAN 24' HICAER THAN A CORRIDOR OIVED ^ ACCESS TO THE BEDROOMS L • PROVIDE "PAM MONOXIDE DETECTORS WITHIN 10'•0' Q ALL BEDROOMS CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2019 Page 2 of 5 A.Variance to Front Yard and Bluff Setbacks Applicant: Refined Remodeling, Inc. Location: 5875 Ridge Road Commissioner Riedel noted that he is a friend and neighbor of the applicant, so he will abstain from both the discussion and voting on this item. Planning Director Darling stated that this item is a request to allow variances for the front and bluff setbacks to improve the functionality for the property owner's changing medical needs. She explained that they would like to have a garage addition, a new front entry, and expand the master bedroom into the existing covered porch. She stated the entire lot is essentially a bluff and the applicant has indicated that they will reduce the impervious surface to no greater than their current level. She stated that staff has reviewed the request and found that the applicant has shown practical difficulty and recommends approval of the request. She gave a brief overview of the suggested conditions if the Planning Commission recommends approval. She stated that the City had received two letters of support from neighbors in the immediate vicinity of this property. Commissioner Eggenberger asked why staff was recommending removing the existing staircase and sidewalk. Planning Director Darling stated that they have not shown it would be continued up the side of the garage, so at this point it would be appropriate to remove them. Chair Maddy explained that this is a public meeting and anybody who would like to speak should come up to the microphone and state their name and address. Duane Kozitka, Refined Remodeling, stated that their whole design focused on minimizing impact to the existing site. He explained that technically there is not any area on the property that is not considered a bluff. Commissioner Gault asked if there would be a retaining wall along the driveway and asked how the north entrance will be accessed. Mr. Kozitka stated that there is an existing boulder retaining wall in that location and noted that the retaining wall and the garage bump out will have to be pushed slightly to the left. He noted that their plans are for a net zero increase in impervious surface. Planning Director Darling stated that because some of these plans push further into the bluff, she believes there will need to be a revised survey before this can be sent to City Council. Commissioner Eggenberger asked Mr. Kozitka to explain about removing the staircase and sidewalk. Mr. Kozitka stated that this is currently a wood framed staircase that is in disrepair and it will be removed as a way to reduce the impact to the bluff zone. He stated that they support this recommendation from the staff. CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2019 Page 3 of 5 Commissioner Gorham asked about the existing design relating to accessibility. Mr. Kozitka stated that currently the garage has no direct access between it and the home, so part of the design was to provide an interior access to the home through the garage. Commissioner Gorham asked if there were stairs or if there was a grade change from the garage to the remainder of the first floor. Mr. Kozitka stated that there are no stairs, nor is there a grade change between the garage and the house. Commissioner Gorham asked if the plans could have simply knocked out the closet in the entryway and created the access that way. Mr. Kozitka stated that there could be numerous interpretations of what is considered "necessary". He stated that their proposal provides what is considered a typical accessible design that provides for a mudroom space and allows for mobility, if true single level living is needed. Commissioner Gault asked about the reason for the extra depth of the proposed garage at almost 29 feet. Mr. Kozitka stated that the plan was trying to take advantage of capturing planned square footage in the house within the existing garage. He explained that under current standards a typical garage is between 28 and 30 feet in depth. Chair Maddy opened the meeting for public input at 7:23 p.m. William Utz, 5890 Ridge Road, stated that he lives in closest proximity to this property and formerly owned 5875 Ridge Road. He stated that the properties along the ridge have specific challenges because of the topography. He stated that he and his wife support this project and have no opposition to the variance. Maureen Utz, 5890 Ridge Road, explained that to address the question about the existing sidewalk access from the garage to the home, it gets a lot of north wind which makes it very difficult to traverse the sidewalk into the home. She reiterated that they are in support of allowing the variance. Brian Carpenter, 5875 Ridge Road, stated that he owns the home and purchased it from the Utzs in 2016. He stated that he suffered a full crush foot injury in 2014 and the long -term prognosis is that he may eventually lose his foot. He explained that the design plans are to accommodate one -level living to help with that potential future outcome. He stated that the sidewalk from the garage to the home gets a lot of ice build up during the winter months. He explained that the added depth for the garage was to allow space for mobility. Red Smith, stated that he lives kitty- corner from the Carpenter's and also owns the vacant lot near 5875 Ridge Road. He stated that the Carpenter's have been great neighbors and have taken pride in their property. He stated that he is in favor of granting the variance for the addition. Laura Anderton, 5890 Ridge Road, stated that she is an ICU nurse at St. Paul United. She stated that she lived in the house at 5875 Ridge Road when her parents owned it and if Mr. CITY OF SHORE, WOOD PLANNING COMMISSION MEETING September 17, 2019 Page 4 of 5 Carpenter would need any further surgeries or would need to be in a wheelchair at any point in time, the idea brought up earlier to just turn the entryway closet into a doorway would not be able to accommodate maneuvering a wheelchair. Chair Maddy closed the public input portion of the meeting at 7:30 p.m. Eggenberger moved, Gorham seconded to recommend approval of the request for a Variance to the Front Yard and Bluff setbacks by Refined Remodeling for the property at 5875 Ridge Road, with the conditions as recommended by staff and adding an additional condition that there is a new survey before it is presented to the Council. Commissioner Gorham stated that he believes that the applicant did enough to try to confine the expansion of the house as much as possible. He stated that it is a very tough site and expected more of a focus on the ADA accessibility issues. Commissioner Gault stated that because so much of the supporting documentation mentioned ADA compliance, he was surprised to see the two right angle turns to get from the garage into the home. Chair Maddy noted that the bluff delineation is almost humorous on this lot which shows practical difficulty. Motion passed 4/1/0. (Riedel abstained) Planning Director Darling noted that this item will go before the City Council on October 15, 2019 in order to give time for the new survey. CITY OF SHOREWOOD RESOLUTION NO. 19- A RESOLUTION GRANTING VARIANCES FOR PROPERTY LOCATED AT 5875 RIDGE ROAD WHEREAS , Refined Remodeling, Inc. (the “Applicant”) has requested review of variances to allow construction of additions on the property located at 5875 Ridge Road, legally described as: Tract B, Registered Land Survey No. 472, Hennepin County, Minnesota; and, WHEREAS , the Applicant has applied for variances to front and bluff setbacks to allow additions to the home; and WHEREAS , the Planning Commission held a public meeting on September 17, 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 October 15, 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 a 65-foot setback to the edge of the private Ridge Road and 20 feet to the top of the bluff. 2. The subject property was created in 1955 and the home was constructed in 1970, prior to current requirements. 3. The existing home and garage on the property are nonconforming, being located 45 feet to the edge of private Ridge Road where 65 feet is required and being located within the bluff where the ordinance requires a 20-foot minimum setback as required in the R-1A/S district. 4. The Applicant proposes to construct an addition to the existing home and garage. 5. The additions would require variances to setbacks from Ridge Road and bluff. 6. The Applicant proposes a three-foot overhang where two feet is customary. 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 allow construction of additions as shown on the plans and materials submitted July 24 and 25, September 10 and October 8, 2019, and as follows: 1. A garage addition that would be 34 feet from the private street and further into the bluff impact zone with a three-foot overhang. 2. A new front entry that would be 51 feet from the private street. 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: a. Include the proposal for erosion control on the survey submitted for building permit. b. Revised plans showing the existing stairway and sidewalk on the south side of the garage removed. c. A construction management plan that addresses parking of contractor/subs, delivery of goods, street cleaning, etc. D. The City Clerk is hereby authorized and directed to record a certified copy of this resolution with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of October, 2019. ____________________________________ SCOTT ZERBY, MAYOR ATTEST: _____________________________________ SANDIE THONE, CITY CLERK 2 City of Shorewood Council Meeting Item 9A Title/Subject: City Engineer Meeting Date: October 15, 2019 MEETING Prepared By: Greg Lerud, City Administrator and Larry Brown, Director TYPE of Public Works REGULAR Background: Over the past few months, the City Council has held several meetings to interview and gather information about three engineering firms as the council considers options for a city engineer. Due to the relationship the city with WSB, little background and reference checking was done for WSB. Staff made extensive contacts of clients of both Bolton & Menk and Stantec. We contacted businesses and names that were provided to us by the firms, but we also made calls to other cities and organizations that we identified through our research. Based on this research, staff concludes that Bolton & Menk and Stantec also appear to have the technical skills and resources to adequately provide city engineering services for the city. Both firms have an extensive footprint in municipal engineering in the State of Minnesota, and extensive experience in the field. In our judgement all three firms have the necessary skills and expertise to do the work as Shorewood city engineer. The decision comes down to the council’s comfort level with the engineers who interviewed and the competency of the firms that provided proposals. Financial or Budget Considerations: The cost of engineering services will be similar regardless of the firm that is chosen, so cost should not be the determining factor in the decision. Options: Select one of the three firms; take no action and provide alternative direction. Next Steps and Timeline: Depending on which firm is selected, staff will move forward with negotiating a contract for services based on the council’s decision and direction. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood General Fund Statement of Revenues, Expenditures and Changes in Fund Balances Through the Month Ended August 31, 2019 (Unaudited) Prior CurrentCurrentCurrent FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 201908/31/1908/31/19Budget08/31/18 REVENUES: $ 5,530,322$ 2,859,29451.7%$ (2,671,028)$ 3,257,352 Taxes Licenses and Permits 232,225 358,547154.4% 126,322 332,075 Intergovernmental 152,100 100,27965.9% (51,821) 100,877 Charges for Services 53,885 51,28695.2% (2,599) 42,066 Fines and Forfeitures 60,000 40,54867.6% (19,452) 39,909 Special Assessments - 6,516N/A 6,516 1,928 Miscellaneous 220,000 194,76688.5% (25,234) 176,167 Total Revenues 6,248,532 3,611,23657.8% (2,637,296) 3,950,374 EXPENDITURES: Current: General Government 1,430,985 888,08962.1% (542,896) 906,141 Public Safety 2,271,951 1,789,52778.8% (482,424) 1,690,047 Public Works 1,102,175 621,201 56.4% (480,974) 628,346 Parks and Recreation 328,532 144,15843.9% (184,374) 168,028 Total Expenditures 5,133,643 3,442,97567.1% (1,690,668) 3,392,562 Excess of Revenues Over (Under) Expenditures 1,114,889 168,26115.1% (946,628) 557,812 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) (1,453,044)3130.5% (1,406,628) (581,083) FUND BALANCES: January 1 4,419,413 - 4,162,048 August 31$ 2,966,369$ (1,406,628)$ 3,580,965 BalanceBalance 20192018 CASH: $ 4,286,039$ 4,026,374 January 1 (1,337,947) (466,074) Increase (Decrease) in Cash August 31$ 2,948,092$ 3,560,300 City of Shorewood General Fund Statement of Expenditures and Other Uses by Program/Department Through the Month Ended August 31, 2019 (Unaudited) CurrentCurrentCurrentPrior FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 201908/31/1908/31/19Budget08/31/18 EXPENDITURES: Current: General Government Council 84,100 52,16062.0% (31,940) 51,031 Administration 492,899 295,06959.9% (197,830) 285,073 Elections - 75N/A 75 5,433 Finance 198,329 126,56563.8% (71,764) 123,319 Professional Services 251,500 131,87552.4% (119,625) 150,585 Planning 221,657 135,87861.3% (85,779) 157,364 Municipal Buildings 182,500 146,46780.3% (36,033) 133,336 Total General Government 1,430,985 888,08962.1% (542,896) 906,141 Public Safety Police Protection 1,481,949 1,115,92575.3% (366,024) 1,089,354 Fire Protection 651,969 509,09878.1% (142,871) 488,944 Protective Inspections 138,033 164,504119.2% 111,749 111,749 Total Public Safety 2,271,951 1,789,52778.8% (397,146) 1,690,047 Public Works City Engineer 89,500 41,569 46.4% (47,931) 40,977 Public Works Service 911,296 485,484 53.3% (425,812) 485,977 Ice and Snow Removal 101,379 94,148 92.9% (7,231) 101,392 Total Public Works 1,102,175 621,201 56.4% (480,974) 628,346 Parks and Recreation Park Maintenance 265,316 104,69639.5% (160,620) 131,486 Recreation 63,216 39,46262.4% (23,754) 36,542 Total Parks and Recreation 328,532 144,15843.9% (184,374) 168,028 Total Expenditures 5,133,643 3,442,97567.1% (1,605,390) 3,392,562 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 5,089,28080.5% (1,145,390) 4,556,457 City of Shorewood Council Meeting Item Title / Subject: Designating MNDCP as Employee Option 10A3 Meeting Date: Tuesday, October 15, 2019 2D Regular Prepared by: Sandie Thone, City Clerk/Human Resources Director Meeting Reviewed by: Greg Lerud, City Administrator Policy Consideration: Pursuant to MN State Statute §352.965 the Minnesota Deferred Compensation Plan (MNDCP) was established to provide a means for public employees to contribute a portion of their compensation to a tax-deferred investment account. The plan is an eligible tax-deferred compensation plan under section 457(b) of the Internal Revenue Code. Employees of the State or a political subdivision are eligible for the plan. Background: Shorewood currently offers one 457 deferred compensation retirement plan with International City Management Association Retirement Corporation (ICMA- RC) for employees. The majority of cities in the metro area provide at least two plans for employees to choose from or diversify and utilize both. MNDCP is one of the preferred options for many cities. Staff understands and appreciates the dedication and significant contribution Shorewood employees make each day and would like to offer them valuable benefits and compensation plans in exchange. This will be an added benefit for employees. Financial Consideration: Administrative expenses of the deferred compensation plan are charged to plan participants. No employer expenses or contributions are necessary; therefore the impact to the city budget is $0. No Action Required; Informational Memo Only Connection to Vision/Mission : Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. 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