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12-09-19 CC Reg Mtg Agenda
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 9, 2019 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ C. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes from November 25, 2019 Minutes B. City Council Truth-In-Taxation Meeting Minutes from December 2, 2019 Minutes C. Approval of the Verified Claims List Claims List D. 2020 City Master Fee Schedule City Clerk/HR Director Memo Resolution 19-111 Ordinance 570 E. Approval of Contract Extension for the Communications/Recycling Coordinator Memo Republic Services Recycling Resolution 19-112 F. Approve Contract with Hennepin County for Tree Canopy Grant City Administrator Memo Resolution 19-113 G. First Lease Amendment, T-Mobile, West Tower City Administrator Memo Resolution 19-114 H. 2020 City Council Meeting Schedule City Clerk/HR Director Memo Resolution 19-115 I. Approve 2020 Non-Union Wages City Administrator Memo J. Approve 2020 AFSCME Contract Reopener City Administrator Memo K. Approve Assessment on 6075 Strawberry Lane City Administrator Memo Resolution 19-116 CITY COUNCIL REGULAR MEETING AGENDA – December 9, 2019 Page 2 L. Approving Seasonal Hires: Ice Rink Attendants Parks and Recreation Director Memo 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Employee Service Awards Joe Pazandak, Building Official, Planning and Building Department 30 Years Chris Pounder, Light Equipment Operator, Public Works Department 15 Years Rob Hanson, Light Equipment Operator, Public Works Department 5 Years Brenda Pricco, Deputy Clerk, Administration Department 5 Years 6. PARKS 7. PLANNING A. Report by Commissioner Gorham on 12-03-19 Planning Commission Draft Minutes Meeting B. Minor Subdivision and Variances, 24845 Smithtown Road Planning Director Memo Lake West Development, Inc Resolution 19-117 C. Minor Subdivision (Lot line rearrangement) 22425 Murray Street Planning Director Memo Keenan & Sveiven, Inc. Resolution 19-118 8. ENGINEERING/PUBLIC WORKS A. 800 MZ Radio Purchase/Lease Director of Public Works Memo Resolution 19-119 B. Contract Amendment with WSB City Administrator Memo Resolution 19-120 9. GENERAL/NEW BUSINESS A. Adopt 2020 Property Tax Levy and General Fund Budget Finance Director Memo Resolution 19-121 B. Adopt 2020 Shorewood Community and Event Center and Finance Director Memo Enterprise Fund Budgets Resolution 19-122 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 25, 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 Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Johnson B. Review Agenda Mayor Zerby noted that staff has asked that item 2G, Authorize Expenditure of Funds, Hauling and Proper Disposal of Street Sweepings, be moved from the Consent Agenda and be moved to item 8A for further discussion. Sundberg moved, Siakel seconded, approving the agenda as revised. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda and briefly thanked the donors for the Arctic Fever event. Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of November 12, 2019 B. City Council Regular Meeting Minutes from November 12, 2019 C. Approval of the Verified Claims List D. Approval of Tree Sale E. Accept Arctic Fever Donations, Adopting RESOLUTION NO. 19-107, “A Resolution Accepting Donations to the City of Shorewood 2020 Arctic Fever Event.” F. Accept Donation to the Parks Department and Plaque for a Bench at Silverwood Park, Adopting RESOLUTION NO. 19-108, “A Resolution CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2019 Page 2 of 8 Accepting a Donation to the Parks Department and Plaque for a Bench at Silverwood Park.” Motion passed 4/0. 3. MATTERS FROM THE FLOOR Robert Gagne, 24850 Amlee Road, noted that for the last two years, the plowing hasn’t been done as well as in the past. He stated that he thinks it is because they switched to a smaller pick- up truck that bounces along the top of the road. He stated that he would like to older larger plow to be used in their area for better plowing. Public Works Director Brown stated that Mr. Gagne had already shared this information with him and he is checking to see if they can get the large plow truck back in that area. Ted Walz, 5465 Gideons Lane, expressed concern about the “no turn on red” at the intersection of County Road 19 and Smithtown Road. He stated that he would like to see a traffic study done in order to allow it to be returned to allow turning on red. 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS A. Approve Feasibility Report for Glen Road, Amlee Road, and Manitou Lane Street Reconstruction Project, City Project 18-08 City Engineer Fauske gave a brief overview of the feasibility report, the existing conditions, proposed improvements and the project schedule. Mayor Zerby clarified that the action in front of the Council tonight is to approve the feasibility report and not to take action on the street project. He noted that there are still questions that have not been answered or addressed, but noted that he would open the floor for questions from the audience. Robert Gagne, 24850 Amlee Road, shared some history of the area dating back to 1961 when he first moved in. He stated that the road has always been crooked and on private property in some areas. He stated that with the engineering company for the City changing at the first of the year he has concerns about the feasibility report from WSB being used by the new engineering firm. He stated that he does not want water and that he believes there are enough signatures from other residents who do not want the water. He stated that he feels the residents are entitled to a smooth, fixed road which can be done without putting in curb, gutter and water service. Elizabeth Van, 24710 Amlee Road, stated that she has issues with the feasibility report with regard to drainage. She stated that the City asking Hennepin County not to fix the drainage issue is a huge concern for her. She stated that there is a flooding issue in this area near the wetland and that was not addressed in the current conditions of the feasibility report. She stated that it has gotten worse over the last two years. She stated that she is asking the Council not to accept this feasibility report because it does not address the existing conditions and the potential added costs of addressing the drainage issue in the wetland area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2019 Page 3 of 8 Dan Reese, 24825 Amlee Road, stated that he has attended the informational meetings where the engineers told them that they didn’t know the answers to their questions. He stated that he does not understand why the Council is now considering voting to accept a report that does not answer these questions. He stated that the residents were not notified that the Council would be taking action on this issue tonight. He stated that the majority of the residents are not interested in water and asked if there was any assurance from the City that they would not come back at a later date and force them to hook up to water. Mayor Zerby stated that there are no assurances, because each Council acts independently based on who is elected. Mr. Reese stated that he wanted to make it clear that he is vehemently opposed to City water. Sandy Vanderveer 24645 Glen Road, stated that she does not support this project because of the damage to her property and the loss of trees. She stated that a curb is not needed nor is City water. She stated that she was also not notified about any of the meetings and had to be informed by her neighbors. Councilmember Siakel asked if a letter was sent to the entire neighborhood regarding this project. Ms. Vanderveer stated that she did not get a letter. Mayor Zerby asked if Ms. Vanderveer had been notified of the informational meetings that were held. Ms. Vanderveer stated that she did not receive any communication or notification and found out when her neighbors walked over with a petition. She stated that she is very upset by this whole process and wants the City to listen to the people that voted for them. Wally Piroyan 24845 Glen Road, stated that the reason that many of the residents did not receive letters or communication is because the City completely shanked their communications efforts. He expressed his frustration with the communications process because people have not been informed or notified. He stated that he does not understand why the Council would approve this plan without having some details. He stated that he would like to have a detailed plan that shows things like how many trees will be affected and other details before this moves forward. Councilmember Sundberg explained the process and noted that the next step in the process will fill in the detail questions that Mr. Piroyan is referring to. Mr. Piroyan stated that he feels there are too many loose ends and this should not move forward yet. He stated that he feels the road has been ignored by the Public Works Department since 2007 because the residents in the area were “punished” for not moving forward with what the City wanted to be done. He reiterated that the feasibility report should not be approved until more questions have been answered. Richard Eng, 25170 Glen Road, stated that in March of 2019 the City contacted the County to stop them from putting in a culvert that would have provided relief for some of the drainage issues in the area. Mayor Zerby stated that he was not familiar with that situation. Mr. Eng stated that on March 26, 2019, the City approached Hennepin County Light Rail and had a meeting with Kristin Steelie, a project engineer for Hennepin County where they asked them not to install a culvert. He stated that in 2018, Mayor Zerby stated that he wanted to be transparent and do a better job CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2019 Page 4 of 8 communicating with residents. He stated that there has been bad communication regarding this process and noted that there was also no communication with the residents about the meeting with the County. City Administrator Lerud stated that the meeting he is referring to was a staff level meeting with the Hennepin County Rail Authority regarding culverts along the line. He stated that because the City was anticipating this potential street project in 2020, the request was made to have Hennepin County hold off putting in the culvert to prevent it being put in at the wrong elevation and then having to come back the following year and move it to the proper elevation. Mr. Eng asked the Council to table this issue and take a look at what the new engineering firm can do. He stated that he would like to know who will be paying for the costs of putting in the water infrastructure. He stated that he is also concerned about the environmental impact and the 300 trees that will be adversely affected in the area that is staked off. Mayor Zerby stated that a final plan has not been approved so there is no final location or number of trees that may be affected. Roger Rodney, 25135 Glen Road, stated that he has sent pictures to City Administrator Lerud regarding the fill levels. He stated that he had submitted pictures and left message and was never contacted. He stated that the water problems have now gotten so bad that he just spent three thousand dollars on drain tile in his front yard. He stated that he did not know about tonight’s meeting either and heard about it from a neighbor. He expressed his frustration with the whole process and noted that if the road is straightened out, it will end up taking half of his front yard. He stated that there needs to be much better communication, because the Council is saying things like the road does not need to be as wide as proposed, but then then the report says it has to be wide because of the fire trucks. He expressed his continued frustration with the drainage issue and the lack of communication between the City and the residents. Kathy Ottum, 30 Lilah Lane, distributed pictures and information from the watershed district. She stated that she has an issue with the plans that will destroy the woods in the area. She stated that she has contacted a lot of agencies and she was the one who distributed notes to many of the residents mail boxes letting them know about tonight’s meeting. She stated that there are baby owls and woodpeckers located in the woods that she feels should be protected. She stated that she also has concerns about the Indian burial ground located near the park. Megan Stattleman, 55 Lilah Lane, asked the Council to consider the safety of the proposed retention pond to the homes. She expressed concern about the depth of the pond and its proximity to the bike path especially because of the high water table in the area. She stated that she is also concerned about pollutants that will collect in the pond and when and how it will be treated. She asked if there would be a fence or enclosure around the pond. She stated that she is concerned about the impact on her property. She stated that this area is beautiful and asks that if the City approves the plans that they do minimal tree removal. Rick Stromberg, 5510 Wedgewood Drive, stated that his biggest concern is that the tree removal and the retention pond will be on Wedgewood Drive and nobody on that street has been notified and have no idea that this is going on. Clint Bucher, 5490 Manitou Lane, stated that he has the 2007 feasibility study and the most recent study both conducted by WSB. He stated that there are some inconsistencies that bother him CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2019 Page 5 of 8 and read aloud a portion of the report that talks about the different widths of the roads and the recommended standards. He stated that he does not believe the City has addressed all the environmental concerns to put in a good road, which to him, means the City should not move forward with this feasibility report. He suggested that the City stand down on this proposal and move forward when the new engineering firm joins the City. Mayor Zerby noted that the roadway widths being considered are alternatives based on feedback from residents. Kathleen Arvidson, 24770 Amlee Road, stated that on both side of the trail, it has collapsed over the culvert location. She stated that they also noticed that it is very muddy in the area and the drainage that used to go through cannot travel through it anymore. She stated that she wanted to make sure that the City was aware of that this issue. She stated that there appears to be a lot of sediment in the culvert so it is not flowing properly. She stated that there are also trees in the area that appear to be starting to lean. Kim Piroyan, 24845 Glen Road, stated that she opposes this project because of the number of trees that will be lost. She stated that she is also against the project because she does not understand the purpose of having City water because of the chemicals that are put into water treatment. She stated that she does not see a purpose in tearing up a beautiful canopy of trees for this project. She asked why the Council is pushing this project and pushing City water. Mayor Zerby stated that the Council is just trying to utilize the opportunity while the road is open to see if people want City water. He stated that he does not think the Council is pushing water, but is simply asking the question. He thanked the residents for their input and for attending the meeting. Councilmember Siakel stated that she has generally heard that people want a better road and a way to manage drainage. Councilmember Sundberg stated that drainage is a huge problem in this area and asked if the feasibility study will address drainage issues moving forward. City Engineer Fauske stated that the preliminary design identifies a proposed storm sewer alignment to get water off the road. She stated that some of the individual issues that have been identified by private property owners would be addressed in the final design to see if there is an opportunity to incorporate those into the project. Councilmember Sundberg stated that she believes that the drainage issues need to be a priority. Councilmember Siakel explained that her understanding of accepting this feasibility report is that it is part of the process for the City to say that they are going to go take a look at this project and then the engineering company will come back and give the City specifics. She asked what would happen if the Council did not accept the feasibility report and if that meant it was “kicking the can down the road”. Councilmember Labadie stated that her question is what impact it would have if the Council tables or continues this issue. She stated that there is no doubt that there are questions that were raised tonight by residents that the Council and City does not have the answers for right now. She reiterated her question of what the next step would be if this is tabled or continued. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2019 Page 6 of 8 City Engineer Fauske stated that the feasibility report is intended to provide the Council with options to look at regarding the project. She stated that a feasibility report is required as part of the Minnesota Statute 429 process. She stated that it is intended as a high-level estimate of cost and preliminary information to be considered as part of the project. She stated that as it moves forward, the Council can decide which elements to keep and noted that if the Council chose not to proceed with the water hook ups that would be completely fine. Councilmember Sundberg asked if the Council approved the plans if that meant the City would then get more definitive plans on how to address the drainage issues. City Engineer Fauske stated that there are certainly more details and design work that will need to be looked into in order to address the drainage issues. Mayor Zerby stated that the feasibility study is an attempt to take a look at the situation and find some potential solutions. He explained that approving the report just approves the report and does not imply further action. He stated that he has heard from residents that there are a lot of drainage issues in the area that need to be addressed. He stated that he has heard loud and clear that the residents are not interested in hooking up to water. He stated that he is in support of accepting this report and then talking about the details at future meetings. Councilmember Sundberg stated that she sees this report as a way for the City to start getting more information about the issues that concern the residents. Councilmember Labadie stated that there were concerns about the notification process. She stated that there she will be looking into this issue tomorrow because it was not just one person who brought it up. She stated that some residents voiced their feeling that the Council does not seem to care and she feels that is inaccurate. She stated that the Council does care and she has toured the neighborhood with Mr. Eng and takes the residents concerns very seriously. She stated that she appreciated the residents for coming in and giving their feedback in a very respectful manner. Councilmember Sundberg stated that she also has concerns about the communication process and asked staff look into that issue. Councilmember Siakel asked who the communication efforts came from. City Administrator Lerud stated that the e-mail notifications came from the City, but the mail notifications came from WSB. He noted that a resident from Tonka Bay brought up a very good point that this plan is heavily predicated on the land being available for the retention pond. He stated that he thinks the next step before the City spends a lot of money on a full-blown plan is to do an archeological study of the area. Councilmember Siakel stated that there also needs to be some thought into alternatives if there cannot be a retention pond. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 19-109, “A Resolution Receiving Feasibility Report for the Glen Road, Amlee Road and Manitou Lane, Street and Utility Improvement Project, City Project 18-08.” Motion passed 3/1 (Labadie). 6. PARKS A. Report on the November 19, 2019 Park Commission Meeting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2019 Page 7 of 8 Planning Director Darling gave a brief overview of the November 19, 2019 Park Commission meeting. She noted that they will not be meeting in December. 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure of Funds, Hauling and Proper Disposal of Street Sweepings Public Works Director Brown stated that each year there is a dollar amount programmed into the CIP for this purpose. He stated that thirty-give thousand dollars was programmed this year, however, quotes from various vendors were closer to seventy-five thousand dollars for the removal of the street sweepings. He stated that he had recently spoken with a vendor who has not worked with the City before who stated that he can greatly reduce the proposed cost for this service. He stated that because of timing issues, staff would like to authorize the expenditure of the funds not to exceed thirty-five thousand dollars and staff can work out the details of who will conduct the work later. Sundberg moved, Labadie seconded, Authorizing the Expenditure of Funds for Hauling and Proper Disposal of Street Sweepings in an amount not to exceed $35,000. Motion passed 4/0. 9. GENERAL/NEW BUSINESS A. Engineering Contract with Bolton and Menk City Administrator Lerud gave a brief overview of the proposed contract with Bolton and Menk. Councilmember Sundberg asked about the length of the contract. City Administrator Lerud explained that it is a three-year contract. Siakel moved, Labadie seconded, Approving the updated contract with Bolton and Menk for Engineering Services. Motion passed 4/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. October General Fund Budget Report Finance Director Rigdon gave a brief overview of the October General Fund budget report. 2. Update on Mary Lake Planning Director Brown stated that the final invoices for the pump rental costs have not been received. He stated that he hopes to know the financial impacts by the next meeting. 3. Water Efficiency Grant Award CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2019 Page 8 of 8 City Administrator Lerud noted that this was just an informational item. Other Planning Director Brown stated today was the last day for hot patching pot holes in the City, but noted that they will continue cold patching over the winter months, when necessary. He stated that the fire hydrant flushing has been completed and they will move onto street sweeping as discussed earlier. Mayor Zerby stated that the City had briefly discussed the idea of residents “adopting” a fire hydrant this winter so the area around them remains clear of snow. Planning Director Brown stated that he believes that Communications Director Miller is planning on including information for adopting a fire hydrant in the next newsletter. City Engineer Fauske expressed her appreciation for the time she has spent working with the City and staff in her time at the City. Finance Director Rigdon reminded residents that the Truth in Taxation hearing is scheduled for Monday, December 2, 2019 at 7:00 p.m. City Administrator Lerud noted that he will be getting calendar options to the Council for retreat date options. He stated that the Council will be receiving a letter and a brochure on the Community Center. B. Mayor and City Council Councilmember Sundberg commended staff for their work on the water efficiency grant. She stated that the Recycling Committee is wrapping up their planning process and will be coming to the Council with some recommendations. Mayor Zerby attended the Chamber of Commerce State of the Cities presentation last week. He stated that he felt there was good discussion. He noted that the City has a meeting with the Met Council representative on November 26, 2019 at 11:00 a.m. Councilmember Labadie stated that the free movie at the Excelsior dock will be December 7, 2019 and they will be showing Elf. 11. ADJOURN Labadie moved, Sundberg seconded, Adjourning the City Council Regular Meeting of November 25, 2019, at 8:55 P.M. Motion passed 4/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 2, 2019 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING Mayor Zerby called the meeting to order at 7:01 P.M. with the Pledge of Allegiance A. Roll Call Present. Mayor Zerby; Councilmembers Siakel, Labadie, and Johnson; Administrator Lerud; and Finance Director Rigdon Absent: Councilmember Sundberg B. Review Agenda Siakel moved, Labadie seconded, approving the agenda. Motion passed 4/0. 2. TRUTH-IN-TAXATION HEARING A. Staff Presentation Finance Director Rigdon walked through the presentation for this public meeting. The Truth-in-Taxation requirements are to present the City’s 2020 General Fund Operating Budget and 2020 property tax levy, discuss the budget and tax levy, and to take public comment. Council will be asked to adopt a property tax levy and balanced budget during its December 9 meeting. The City’s portion of the property taxes pay for a number of services funded out of the General Fund. There are four major main operational areas – administration (including finance, planning and zoning, elections, and other miscellaneous services); public safety (police and fire protection, building inspections); public works; and, parks and recreation. The assumptions used in preparing the 2020 General Fund Operating Budget are as follows. A 5.9 percent tax levy increase over 2019 for General Fund operations and transfers out to reserve funds. One new street inspector position and increasing the planning technician position from .8 to full time. Other staffing levels remain the same as 2019. 3.0 percent cost of living increase The City’s General Fund 2020 combined revenues and transfers total $6,566,196 reflecting an increase of 4.7 percent compared to 2019. Property tax revenues are proposed to be $5,856,611 for 2020. The breakout of the revenues and transfers is 89 percent from property taxes, three percent from licenses and permits, four percent from miscellaneous revenues, two percent from CITY OF SHOREWOOD SPECIAL MEETING MINUTES December 2, 2019 Page 2 of 3 intergovernmental, one percent from fines and forfeitures, and one percent from charges for services. The City’s General Fund 2020 expenditures are budgeted to increase 5.2 percent. Transfers out of the General Fund to other funds are budgeted to increase 3.0 percent. Total 2020 expenditures and transfers out amount to $6,622,581, an increase of 4.8 percent. The breakout of expenditures and transfers out by program is 36 percent public safety, 32 percent streets, 24 percent general government, and 8% parks and recreation. Expenditures out by type include other services and charges at 41 percent, personal services at 29 percent, transfers out at 18 percent, and capital outlay at 7 percent. Reserves of $56,385 are budgeted to balance the 2020 General Fund budget, as compared to $46,416 budgeted use of reserves for 2019. The property tax assessment and levy timeline for property taxes payable in 2020 was as follows. The market values were established on January 2, 2019. Valuation notices were sent out in March 2019. The Board of Review process to hear appeals on property values took place during April 2019. Council discussed the 2020 General Fund Budget and property tax levy from July through September 2019. The City certified its maximum tax levy increase of 5.9 percent for 2020 to Hennepin County in September 2019. The County mailed out Truth-in-Taxation notices to property owners in November 2019. The Truth-in-Taxation hearing was being held on December 2, 2019. The City will certify its final tax levy to the County by the end of 2019. Rigdon clarified that this presentation is about the City of Shorewood’s portion of the total tax bill which is approximately 29 percent. He highlighted some trend graphs. The taxable market value payable in 2020 will be $1,828,461,603. Tax capacity, a derivation of market value that is calculated by applying a class rate to the market value of a property, with the resulting number is used in calculating tax rates and tax dollars to the property owners will be $20,371,309 for 2020. The City local tax rate for taxes payable in 2019 was 28.539 percent. The 2020 tax rate is proposed to increase to 28.973 percent, which is 1.5% higher than the tax rate in 2019. Rigdon reviewed a property tax impact example for a $600,000 residential property indicating an estimated 1.5 to 3.0 percent average increase in city property taxes. Rigdon discussed the city’s General Fund balance policy and indicated there are sufficient reserves to balance the 2020 budget. Rigdon noted Council will be asked to adopt the 2020 General Fund Budget and property tax levy during its December 9, 2019 meeting. Council will also be asked to approve the 2020 Shorewood Community and Event Center and Enterprise Fund Budgets. He said the 2020 Capital Improvement Program will be discussed during a workshop in January and approved at a subsequent meeting. B. Public Comment Mayor Zerby opened the public comment portion of the hearing at 7:17 P.M. George Greenfield, 24715 Yellowstone Trail, asked what the city was losing in revenue from the Shorewood Landings project and the Waters Project in Excelsior and wouldn’t the city be in a better financial situation if tax increment was not approved for those projects. Rigdon said that the property tax revenue above the original value of the property is kept in a tax increment fund and repaid to the developer pursuant to the agreement. Lerud said that the city continues to receive the property taxes at the same level as prior to the project being built, so there is no “loss.” Greenfield said that he thought that tax CITY OF SHOREWOOD SPECIAL MEETING MINUTES December 2, 2019 Page 3 of 3 increment was not needed in order for that project to be build. Lerud said he understands that argument, but tax increment was approved and while there is a number of years that the city will not realize tax revenues to the General Fund, when the district is decertified, the city will be guaranteed to receive the revenue. As far as the Waters project, Lerud said the city receives a payment from Excelsior equal to the amount that the city received in property taxes before the parcel was detached to Excelsior for the project. When that project is decertified, Lerud said the city will capture approximately 70 percent of the city property taxes paid, even though the parcel is in Excelsior. Greenfield said he had one more question. He said he thought the amount that employees had to pay monthly insurance premiums was high. Councilmember Siakel said that amount represents the city contribution to employee insurances. Greenfield thanked the council for the clarification. Councilmember Siakel said she appreciated the detail of the presentation. Lerud asked if there was anything additional to the information provided tonight that the council wanted prior to the meeting next Monday. The council said the information was sufficient. 3. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Special Meeting of December 2, 2019, at 7:30 P.M. Motion passed 4/0. ___________________________ Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk #2 C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: December 9, 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. 65853 - 65876 & ACH 475,681.33 Total Claims $475,681.33 We have also included a payroll summary for the payroll period e November 24, 2019. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide servi budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay thes 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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Cities should consider three things when setting fees: 1) Cities should not view the fees as a significant source of revenue, rather fees must approximate the direct and indirect costs associated with issuing the license, permit or service and with policing, regulating or administering the service or licensed activities; 2) The fee amount should sufficiently reimburse the city for all of the expenses related to the license regulations or providing the service but should not cover other unrelated expenses; 3) Fees should be set based on the city’s particular situation and not based solely on what other cities have found reasonable. Background: The attached proposed 2020 City Master Fee Schedule incorporates the proposed fee schedule amendments as recommended by staff who have reviewed their departmental fees to approximate the direct and indirect costs associated with the services provided. Vacations and easements current fees do not adequately cover the costs of issuance with approximately four hours of staff time, a $50 recording fee, and a public hearing notice charge of $90 therefore has been proposed at an increase of $100 over the 2019 fee. Zoning verification letters in the past have been issued at N/C and are being proposed at $50 to cover staff time. Class A Offenses for administrative fines are proposed to bring them in line with Class B and Class C Offenses as they are similar in staff time and expenses, including processing, two inspections, and violation noticing. Mailing labels for all residents has been increased to cover staff time and the cost of labels. Tablecloth linens at the Community Center have been increased due to the cost of the linens and laundering/steaming. Park pavilion fees for residents have not increased but do include tax in 2020 and non-resident pavilion fees have been created as they were not included in past fee schedules. Community garden fees for residents and non- residents were created and added to the fee schedule to cover costs to administer the Community Garden Program. Please reference the proposed fee amendments on the schedule below: 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 ORDINANCE 570 AN ORDINANCE AN ORDINANCE APPROVING AN AMENDMENT TO SECTION 1300 OF SHOREWOOD CITY CODE TO TITLED “ZONING AND LAND USE FEE AMENDMENT AS INCORPORATED INTO THE CITY’S MASTER FEE SCHEDULE” Section 1: Shorewood City Code Section 1300 is hereby amended as follows: CITY OF SHOREWOOD ZONING AND LAND USE FEES Section 2: Amendments to the Zoning and Land Use Fees as follows: TYPE OF FEE CURRENT FEE PROPOSED FEE Vacation or Easement $300.00 $400.00 Zoning Verification Letter New Fee $ 50.00 Section 3: This ordinance is effective January 1, 2020 and upon publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota on the 9th day of December, 2019. ATTEST: Scott Zerby, Mayor _____________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19-XX 2020 CITY MASTER FEE SCHEDULE WHEREAS, the City of Shorewood and its activities as a municipality requires setting forth fees and charges to reimburse the city for administrative and other expenses related to the issuing of permits, licenses and other services; and WHEREAS, the City of Shorewood must maintain a relevant schedule of fees and regularly audit their effectiveness; and WHEREAS, the City of Shorewood has established fees for licensing, permits, programs, and services that include but are not limited to building, zoning, planning, business, community center, animal, park and recreation, rentals, solicitors, fire prevention, utility, franchise, administrative citations, and other miscellaneous fees that further the health, safety and welfare of the community at large; and WHEREAS, all fees and charges shall be fixed and determined by the council and set forth in the master fee schedule which will be adopted by resolution and uniformly enforced; and WHEREAS , all fees have been reviewed and audited for their effectiveness and the following fees have been amended as follows: TYPE OF FEE CURRENT FEE PROPOSED FEE Vacation or Easement $300 $400 Zoning Verification Letter New Fee $50 Class A Administrative Fine $100 $300 Mailing Labels-All Residents $35 $65 Linens-SCEC Rounds/Rectangles $6/each $8/each Pavilions Manor/Freeman/Silverwood $25/Resident $25+tax/Resident New Fee $50+tax/Non-Resident Eddy Station $50 $50+tax/Resident New Fee $75+tax/Non-Resident Community Gardens New Fee $30/Resident New Fee $45/Non-Resident NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood the 2020 City Master Fee Schedule for the City of Shorewood is adopted. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of December 2020. _______________________________ Scott Zerby, Mayor ATTEST: _________________________________ Sandie Thone, City Clerk 5755 Country Club Road * Shorewood, MN * 55331 2020 952.960.7900/www.ci.shorewood.mn.us City of Shorewood MASTER FEE SCHEDULE 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 Introduction In May of 2017 the Shorewood City Council approved an amendment to Chapter 1300: Municipal Fees of the Shorewood City Code removing the actual fees from the Code, with the exception of Land Use Fees, and replacing it with referencing the Master Fee Schedule which will establish fees by Council resolution. Land Use Fees are required pursuant to MN State statutes to be amended and established by ordinance in communities that collect in excess of $5,000 in said fees on an annual basis. Previous and future resolutions and ordinances amending or establishing new fees will be collated into the Master Fee Schedule as necessary and prudent. These updates are set forth by Council resolution (and ordinance in the case of land use fees) and incorporated into the Master Fee Schedule upon adoption of the proposed established fees. This provides a cost-effective and expedient process for reviewing fees for relevance and providing annual updates to the schedule of city fees and a user-friendly document for public use. A copy of the Master Fee Schedule is available on the city website at www.ci.shorewood.mn.us or at city offices located at 5755 Country Club Road in Shorewood, MN 55331. To obtain an electronic copy please email cityofshorewood@gmail.com. 2 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 TABLE OF CONTENTS SECTION I: License and Permit Service Fees 4-6 SECTION II: Liquor License Fees and Charges 7 SECTION III: Utility Rates; Sewer, Water, Stormwater, Recycling 8-9 SECTION IV: Miscellaneous Fees and Charges 10-11 SECTION V: Park and Recreation Fees 12 SECTION VI: Building and Right of Way Fees 13-14 SECTION VII: Zoning and Land Use Fees (Ordinance) 15-16 SECTION VIII: Shorewood Community and Event Center 17-18 3 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. License and Permit Service Fees Administrative enforcement 104.03 Class A Offenses: $300 Violations of Public Health Regulations (Chapters 501-503, except those violations which are also Zoning Code Violations) Class B Offenses: $300 Violations of Rental Housing Regulations (Chapter 1004) Subsequent Class B Violations $1,000 Class C Offenses: $300 Violations of Building Regulations (Chapters 1001-1003 and 1005) Violations of Wetland Regulations (Chapter 1102) Violations of Tree Preservation Regulations (Chapter 1103) Violations of Zoning Regulations (Chapter 1201) Subsequent Class A & C Violations: 2nd citation within 24 months: 25% increase over scheduled civil penalty 3rd citation within 24 months: 50% increase over scheduled civil penalty 4th citation within 24 months: 100% increase over scheduled civil penalty Administrative Enforcement 104.03 $200 Appeal 4 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. License and Permit Service Fees Adult use license 309 Investigative fee $500 Adult use facility license $1,675 + $50/video booth or stall Animal impound fees 701.08.4 $25 first offense of year, $50 thereafter Daily boarding fee $25 Additional services when $95 inoculation required $35 bath Commercial lawn fertilizer 310.03.2d $30 application license (annual) Dock - Boat docks and boat 304.05 $35 storage facility license Dock - Multiple dock facility 1201.24, Subd. $2 per slip/per year license 10 Dog licenses, per animal 701.03.2 $10/$5 license late fee Domestic partnership registry 110.06 $25 Registration $25 Amendment $25 Termination certificate, $2 certified Farm and other animals 704.09 $50 Fire alarm permits 601.06.1 $200 2nd false alarm and thereafter Fire (recreational fire permit) 501.03 No charge Fireworks dealer license/permit $100 per site/per year Gambling permit - exempt 301.09.3 $25 Gambling premises permit - new 301.08.4 $100 investigation fee Horse permit 702.04 $25 Kennel license 701.04.2 $25/initial license $10/renewal license Police alarm permits 601.06.1 $100 3rd false alarm and thereafter 5 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 System contractor license $1,000 bond Therapeutic massage annual $100 business license Tobacco retailer license 302 $250/premise Tobacco administrative fines: Tobacco licensees in violation $75/first offense $200/second offense in 24-month period $250/thereafter within 24-month period Individuals in tobacco violation $50 per offense 6 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 II. Liquor License Fees and Liquor Violation Fines Type of Charge/Fee City Code Charge/Fee Reference Intoxicating liquor license - on-sale 401.06.1 $7,500 Wine license - on-sale 401.06.1 $1,000 Intoxicating liquor - off-sale 401.06.1 $310 Liquor special club license 401.06.1 $250 Special Sunday license 401.06.1 $200 3.2% malt/liquor license - on-sale 401.06.2 $300 3.2% malt liquor license - off-sale 401.06.2 $50 3.2% malt liquor or intoxicating liquor Temporary license 401.06.2 $25 Extended Sales (2:00 a.m.) liquor license (in addition to State required fee) for On- Sale Intoxicating and Malt Liquor 401.05 $100 Establishments Liquor license investigation fee -New license 401.06.1 $500 Liquor license investigation fee - Renewal 401.06.1 $250 with change in managers/owners/like Liquor licensees’ in violation 40121 $500/first offense $1,000/second offense in 24 months $1,500/third offense in 24 months $2,000/fourth offense in 24 months 7 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 III. Utility Rates Sewer Type of Charge/Fee City Code Charge/Fee Reference Sewer connection permit 904.07.1 $150 Sanitary Sewer Service 904.15.1a Residential: Sewer Only per quarter $86.76 Low Income Sewer per quarter $57.84 Commercial: Base Charge $9.81 1-28,500 gallons per quarter $86.76 1,000 gallons in excess of 28,500 gallons $2.26 per quarter Sanitary sewer surcharge 904.09.5 $100/month Local sewer availability charge 904.18.3 $1,200 Water Type of Charge/Fee City Code Charge/Fee Reference Water connection permit 903.03.1a Inside $50 Outside $60 Watering restriction violation 903.12 $50 first violation $25 increase each succeeding violation (e.g. 2nd violation $75, 3rd violation $100, and the like) Water meter 903.04.1 5/8"x3/4"meter w/swivels Cost plus 10% 5/8" x 3/4" copperhorn Cost plus 10% 1" meter includes swivel Cost plus 10% 1" copperhorn Cost plus 10% 1" pressure-reducing valve Cost plus 10% 8 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 1 1/2" meter (with flanges) Cost plus 10% 2" meter (with flanges) Cost plus 10% 1 1/2" pressure-reducing valve Cost plus 10% 2" pressure-reducing valve Cost plus 10% Meter test 903.08.4 $80 903.09.1a Water service $20.18 st 1 5,000 gallons $3.10 Per 1,000 gallons in excess of 5,000 and up to 50,000 gallons $4.46 Per 1,000 gallons in excess of 50,000 gallons per quarter Water service - low income per quarter 903.09.1a (1) $17.32 minimum Water turn-on and shut-off fee 903.04 $50 Water connection fee 903.03.3 $10,000 Single-family residential See chart/formula in 903.04subd 3a Multi-family residential, Commercial See chart/formula in 903.04subd 3a Schools, churches, government and other non-residential Stormwater Management Type of Charge/Fee City Code Charge/Fee Reference Stormwater Management Utility 905.03 Basic System Rate $29.60 Lots less than 10,000 s/f per quarter $20.13 Lots 10,000-50,000 s/f per quarter $28.74 Lots 50,000 plus s/f per quarter $37.41 Recycling Type of Charge/Fee City Code Charge/Fee Reference Residential recycling fee $14/quarter/household 9 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 IV. Miscellaneous Fees and Charges Type of Charge/Fee City Code Charge/Fee Reference Special assessment search $25 Mailed minutes (nonresident) $75.00 annual $.25/page/individual Mailed agendas $35 annual $.25/page/individual Copies $.25/page/single side 8.5 x 11 @ $.50/page/single side anything Color copies larger $1/page/single side Mailing labels (all city residents) $65 all residents on printed mailing labels Aerial topography: Mylar copy $16/acre plus $5/mylar Electronic $50/megabyte of data City Code book: $75 CD Rom $25 Updates $25/year City Zoning Code $.25 per page plus binding costs Assessment Certification Fee 903.10.3(e) $50 Comprehensive Plan (softbound color Cost of production copy) City Subdivision Ordinance (softbound $.25 per page plus binding costs copy) Election Candidate filing fee $2 Transient business, 308.08 peddling/soliciting $50/applicant Sand barrel/sand charge $40 barrel and sand/$30 sand only *Rental Housing Licenses are effective for a period of three (3) years. Appeal filing fee $100 *License application fee, per rental $75 dwelling in building with one to five units 1004.06.6 (includes two inspections per unit) 10 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 *License application fee, per rental $400 plus $10 per rental unit up to dwelling in building with six or more rental 1004.03(3) $750 maximum units (includes up to two inspections per (Res.17-089) unit) Additional inspections as necessary 1004.03(3) $35/inspection (Res.17-089) Rental license application fee for buildings with six (6) or more units constructed 1004.03(3) within one year from date of application (Res.17-089) shall be base license fee excluding $10 per rental unit fee. Return check fee $25 Plans and specifications, paper copy $35 Plans and specifications, CD copy $25 Franchise Fees: These monthly fees are Ordinance collected by the respective utility and 559 and 560 remitted to the City on a quarterly basis. Adopted 6/25/2018 Natural Gas Franchise Fee: $4.00 Residential $4.00 Com-A $4.00 SVDF-A $4.00 SVDF-B $4.00 LG (Dual Fuel or Firm) $10.00 Com/Ind-B $25.00 Com/Ind-C Electric Franchise Fee: $4.00 Residential $8.00 Small C & I Non-Demand $10.00 Small C & I Demand $25.00 Large C & I 11 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 V. Park and Recreation Type of Charge/Fee City Code Charge/Fee Reference Park and recreation use fees 902.06.3 Organized sports participant $10/per participant, per sport, per Skating rinks (per rink) season Lights $15/hour Tournaments, per rink $30/day plus attendant salary 505.02.4 Special Event Registration and Permit $50/day for events on public property with 75 or more attendees/participants. Community Gardens Resident & Non-Resident Fees $30/Resident Fee $45/Non-Resident Fee Soccer/Football/Baseball/Softball Fields (per field) Damage deposit, all fields $125/flat fee Football Field, unlighted $50/hour or $210/day Lights $30/hour Diamond field (baseball) $50/day Entire soccer area, unlighted $150/day Tennis Courts $5/court/hour Picnic Pavilions Resident & Non-Resident Fees Manor/Freeman/Silverwood $25 + tax/Resident Fee Eddy Station Pavilions $50 + tax/Resident Fee Manor/Freeman/Silverwood $50 + tax/Non-Resident Fee Eddy Station Pavilions $75 + tax/Non-Resident Fee 12 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 VI. Building and Right of Way Fees Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer and attorney expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Building permit 1001.03 1997 U.B.C. SECTION 107 1997 U.B.C. TABLE 1-A AND STATE RULE 1300.0160 Reinspection fee $35 Residential $75 Roofing permit $75 Siding permit S.B.C. $75 Window permit S.B.C. Mechanical permit State Statute or 2.5% of value, $35 S.B.C. minimum Plumbing permit State Statute or $15/fixture, $35 minimum Removal or abandonment, U.F.C. $35 first tank plus $20 each underground tanks additional Demolition permit S.B.C. $50 (Fee waived when done in conjunction with a building permit or burned by the fire department) Sign permit application fee 1201.03.11f $20 (Temporary) Per 1997 U.B.C. Table 1-A for permanent Fence permit 1201.03.2f $20 Grading/filling permit S.B.C. Per 1997 U.B.C. Table A-33-A and A-33-B 13 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 R.O.W Administrative Charge 901.11 Subd. 5 $200 (in addition to actual costs) R.O.W. Annual 901.06 Subd.1 $400 Registration Fee (non-utility) R.O.W. Annual 901.06 Subd.1 $2,000 Registration Fee (non-franchise utility right-of-way user) R.O.W. Encroachment 901.01.2a $40 Permit R.O.W. or Public Ground Excavation 901.08 Subd. 2 $200 Permit Directional Drilling or Boring 901.08 Subd. 2 $45 per 100 L. Ft. (in addition to permit fee) 901.08 Subd. 2 Open Trenching $60 per 100 L. Ft. (in addition to permit fee) 901.08 Subd. 2 Obstruction Permit $20 Small Wireless Facility (per site) 901.08 Subd. 2 $150 (in addition to actual costs) Security/Damage Deposit (non-utility) 901.08 Subd. 6 Varies Pole/Pole Attachment 901.08 Subd. 2 $20 Underground Sprinkler/Irrigation 901.01.2d $20 System Permit 14 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 VII. Zoning and Land Use Fees (Ordinance) LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee Comprehensive plan amendment Pre-application $200 Formal Application $800 plus $1,000 escrow 1201.04 Conditional use permit $400 Residential $500 plus $1,000 escrow Non-residential Fence permit 1201.03 $20 Interim use permit 1201.04 Residential $400 Non-residential $500 plus $1,000 escrow Planned unit development Concept Stage 1201.25 $500 plus $1,000 escrow Development Stage 1201.25 $700 plus $1,000 escrow Final Stage 1201.25 $500 plus $1,000 escrow By Conditional Use Permit 1201.06 $500 plus $1,000 escrow Sign permits 1201.03.11f Temporary $20 Permanent Per 1997 U.B.C. Table 1-A Site plan review 1201.03 $200 plus $1,000 escrow Subdivision sketch plan review 1202.03 $200 Subdivision (minor subdivision) 1202.03 $500 plus $500 escrow Subdivision (preliminary plat) 1202.03 $600 plus $25/lot plus an escrow deposit, as follows: 5 or fewer lots $1,000 Over 5 lots $3,000 Subdivision (final plat) 1202.03 $500 plus $25/lot plus an escrow deposit, as follows: 5 or fewer lots $1,000 15 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 VII. Zoning and Land Use Fees (Ordinance) LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee Over 5 lots $2,000 Traffic Studies when required as part of Multiple Escrow for estimated cost of another application study to be completed by the City’s consulting engineers plus $500. Vacation or Easement $400 Variances 1201.05 and $400 Residential 1202.09 Non-residential $500 Zoning Amendment (Text or Map) 1201.04 $600 plus $1,000 escrow Zoning Permits 1201.07 $20 Zoning Verification Letter 1200 $50 Park dedication (cash in lieu of land) 1202.07 $6,500/dwelling unit or 8% of raw land value Extension of deadline for recording 1202.03 $200 resolutions Extension of plat approval 1202.03 $200 *Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer, attorney, and other consultant expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Applications with more than one required escrow account shall be required to submit the escrow based on the highest required escrow amount. 16 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 SHOREWOOD COMMUNITY AND EVENT CENTER Local Non-Profits will be charged 50 percent of the Resident Rates All Rates: Based on a 2 (two) hour Minimum rental. Over four-hour rental subject to the daily block rate. All Room and Kitchen rentals are subject to availability. Rate schedule subject to change. BANQUET ROOM CAPACITY: Shorewood 175 - ROUND TABLES Regular Resident Rates 200 - THEATRE STYLE Rates (reflects 20% Non- Time of Day Hours discount) Day of Week Resident Friday or Saturday Evening 4:00 PM to 12:00 Midnight 8.0 $590 $472 Saturday Daytime per hour 9:00 AM to 4:00 PM 7.0 $55/hour $44hour Saturday > 4-hour day block $328 $262 Sunday per hour 9:00 AM to 11:00 PM 9.0 $50/hour $40/hour Sunday > 4-hour daily block $425 $340 Monday-Friday Day per hour 9:00 AM to 4:00 PM 7.0 $40/hour $32/hour Mon-Fri > 4-hour daily block $275 $220 Mon-Thurs Eve per hour 4:00 PM to 12:00 Midnight 8.0 $45/hour $36/hour Mon-Thurs > 4-hour block $280 $224 Damage Deposit $200 $200 Custodial Fee/ Events > 50 $100 $100 51 to 200 People $200 $200 ACTIVITY ROOM Non-Resident Rates CAPACITY: 60 Time of Day Resident (reflects 20% Day of Week Hours Rates discount) Friday or Saturday Evening 4:00 PM to 12:00 Midnight 8.0 $42/hour $34/hour Fri/Sat Eve >4-hour block $245 $196 Saturday Daytime per hour 9:00 AM to 4:00 PM 7.0 $35/hour $28/hour Saturday > 4-hour block $160 $128 Sunday per hour 9:00 AM to 11:00 PM 9.0 $36/hour $28/hour Sunday > 4-hour block $216 $173 Monday-Friday Day per hour 9:00 AM to 4:00 PM 7.0 $36/hour $28/hour Mon-Fri > 4-hour daily block $160 $128 Mon-Thurs Eve. per hour 4:00 PM to 12:00 Midnight 8.0 $36hour $28/hour Mon-Thurs > 4-hour block $150 $120 Custodial Fee $50 $50 CONFERENCE ROOM Non-Resident Rates CAPACITY: 25 Resident (reflects 20% Time of Day Hours Day of Week Rates discount) Daily Block >4 up to 7 hours 9:00 Am to 4:00 PM 7.0 $150 $120 Monday-Friday All hourly slots 2-hr/min $30/hour $24/hour Custodial Fee $20 $20 17 2020 City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Updated 10/25/2017/Updated 1/31/2018/Updated 2/26/2018/Updated 3/26/2018/Updated 6/25/2018/Updated 1/14/2019/Updated 3/25/2019/Updated 12/09/2019 COMMERCIAL KITCHEN Security Day of Week Rental Fee Storage Deposit Fee Daily $30/hour up to 4 hours $50 Month $200 $175 for 4 to 8 hours for one Over 8 hours add $30/hour rental area/$25 per add’l space SHOREWOOD COMMUNITY AND EVENT CENTER EXTRAS Linens, Dinnerware, Flatware, Glassware Available as follows: Linens (specify long or medium length): Rounds @ $8.00 ea. Rectangle @ $8.00 ea. Dinnerware place settings (4 pc): (dinner plate, dessert/salad plates, cup/saucer) $2.00 per place setting $0.45 per additional piece Flatware place settings (4 pc): dinner knife, dinner fork, salad fork, teaspoon $1.50 per place setting $0.35 per additional piece Glassware (1 pc) settings: (water glass, wine glass) $0.50 ea. Compostable Dinnerware is available – Please contact event center staff on for pricing Coffee Pots: 36 cup @ $10.00 32 oz. Thermos Carafe @ $2.00 ea. Additional fees and/or damage deposits may be required for unique set-up or decoration requests 18 City of Shorewood Council Meeting Item Title / Subject: Republic Services Contract Extension 2E Meeting Date: Monday, December 9, 2019 MEETING TYPE Prepared by: Julie Moore, Communications and Recycling Coordinator REGULAR Reviewed by: Greg Lerud, City Administrator Meeting Background: The City of Shorewood current contract with Republic Services for residential recycling services expires December 31, 2019. The proposed contract calls for a five-year extension. Timeline: The current contract expires December 31, 2019. A contract extension would continue service for a five-year period, ending December 31, 2025. Council Action Requested: City staff has reviewed contract amendments with Republic Services and with the city attorney. All amendments are acceptable to the city and for the upcoming year staff proposes that there be no changes in the charge to residents. City council and staff will review fund revenues and expenses in future years to determine if there needs to be a rate reduction. Recommendation: Staff recommends adopting the contract extension as written. Connection to Vision/Mission: Consistency in 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. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 19-112 A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT WITH REPUBLIC SERVICES FOR RESIDENTIAL RECYCLING SERVICES WHEREAS , the City and Contractor (Allied Waste Services of North America, LLC dba Republic Services of the Twin Cities – Eden Prairie) entered into a Contract for Residential Recycling Services dated October 13, 2014; and, WHEREAS , the City and Contractor desire to amend and renew said Contract as provided and attached hereto as Exhibit A, “Amendment to the Contract for Residential Recycling Services”; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1.The Mayor and Council approve the “Amendment to the Contract for Residential Recycling Services” by and between the City of Shorewood and Allied Waste Services of North America, LLC dba Republic Services of the Twin Cities – Eden Prairie as attached. 2.The Mayor and City Administrator are authorized to sign documents on behalf of the City of Shorewood. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9 day of December, 2019. _________________________________ ATTEST: Scott Zerby, Mayor ___________________________________ Sandie Thone, City Clerk EXHIBIT A AMENDMENT TO THE CONTRACT FOR RESIDENTIAL RECYCLING SERVICES This Amendment (the “Amendment”) to the Contract for Residential Recycling Services is entered into as of the Allied Waste Services of North America, LLC dba Republic Services of the January 1, 2020, by and between Twin Cities - Eden Prairie(“Contractor”) City of Shorewood ("City") and(collectively referred to herein as the "Parties" and individually as a “Party”). WHEREAS, Contract the Parties entered into the Contract for Residential Recycling Services (hereinafter “”) dated October 13, 2014, to provide for residential recycling services in accordance with the Contract; AND WHEREAS, the Parties desire to amend certain terms of the Contract as set forth more fully herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Except as specifically provided in this Amendment, each and every provision of the Contract, as amended through the date hereof, remains, and is, in all respects, in full force and effect. Extension of the Term: 2. The term of this Contract is hereby extended from its current expiration date, i.e., December 31, 2019 for an additional five (5) years term commencing from January 1, 2020, until December 31, 2025. Section 2, Definitions: 3. Following definition should be added to this section: “2.26 Unacceptable Recyclable Material Unacceptable Recyclable Materials means any load containing 15% or more material by weight that is not Recyclable Material or Recyclables.” Section 5.1, Compensation for Services 4. : The rates for the services are hereby revised as follows w.e.f. January 1, 2020: Year Collection Rate Processing Fee Total Rate (January- December) 2020 $3.45 $0.68 $4.13 2021 $3.59 TBD TBD 2022 $3.73 TBD TBD 2023 $3.88 TBD TBD 2024 $4.04 TBD TBD Rates. The rates for all Services shall be as mentioned above subject to the rate adjustments and additional fees and costs as set forth herein. Additional Terms for Recycling Services. (a) Rates. The rates for Recycling Services shall consist of a Monthly Collection Charge, as set forth in this section above plus the Recycling Processing Charge. The “Recycling Processing Charge” is derived by subtracting Contractor’s Processing Rate and Residual Costs from its Commodity Sales. Monthly Collection Charge + Recycling Processing Charge (Commodity Sales – Processing Rate – Residual 2 Costs) “Commodity Sales” means the average amount Contractor receives per 12-month period on the sale of Recyclable Materials processed at the facility receiving the City’s Recyclable Material. “Processing Rate” means the current rate Contractor charges to process Recyclable Materials. “Residual Cost” means the average amount it costs Contractor per 12-month period to transport and dispose of the non-recyclable, residual material pulled out of the collected stream of Recyclable Materials received at Contractor’s processing facility. (b) Annual Recycling Adjustment. In addition to the Annual Rate Adjustment, on each anniversary of the Effective Date of this Agreement, Contractor shall evaluate, and adjust if needed, the Recycling Processing Charge based on any changes in Commodity Sales, Processing Rates and/or Residual Costs. The Recycling Processing Charge over the most recent twelve-month period shall be compared to the last identified Recycling Processing Charge to determine any change. A reduction in Recycling Processing Charge shall result in a decreased price for the Recycling Services for the twelve months after the effective date of the Annual Recycling Adjustment. An increase in Recycling Processing Charge shall result in an increased price for the Recycling Services for the twelve months after the effective date of the Annual Recycling Adjustment. Should unforeseen circumstances cause at least a 20% change in Contractor’s Recycling Processing Charge, both parties agree to implement a mid-year adjustment to the Recycling Processing Charge. In the event of any Recycling Adjustment, the City shall have sole discretion to make a lump sum payment to Contractor (or receive a lump sum credit) or to pass the Recycling Adjustment through to the rate payers in the City. Section 5.2, Liquidated Damages:"" 5. The paragraph entitled Exceptionsunder this section of the Contract shall be deleted in its entirety and replaced with the following: “Contractor shall not be deemed to be liable for any failure or delay in performance under this Contract due to contingencies beyond Contractor's reasonable control, including, but not limited to, riots, terrorist acts, compliance with applicable laws or governmental orders, fires, or acts of God. Contractor's failure to perform under this provision shall not constitute a breach of this Contract. The collection or disposal of any increased volume resulting from a flood, hurricane or similar act of God over which Contractor has no control, shall not be included as part of Contractor's services under this Contract. In the event of increased volume due to a force major event, Contractor and the City shall negotiate the additional payment to be made to Contractor. Further, the City and Contractor will collaborate to determine variances in routes and schedules as deemed necessary to accommodate collection of the increased volume of Recyclable Materials.” Section 6.2, Workers’ Compensation 6. : Delete the words “and subcontractors” after the words “employees of the Contractor” from the second line of this section. Section 6.18, Indemnification: 7. This section should be revised to read as follows: “Except as otherwise specifically set forth in the Contract, each party shall be responsible for any and all claims for personal injuries or death, or the loss of or damage to property, only to the extent caused by that party's (1) negligence or acts of willful misconduct or those of its employees, contractors, subcontractors, or agents; or (2) breach of the Contract or this Amendment.” Ownership of Materials: 8. The following section should be added to the Contract to read as follows: “All Recyclable Materials shall remain the responsibility of the resident, property owner, tenant or business establishment until handled by the Contractor at which point it becomes the responsibility and ownership of the Contractor. Title to and liability for materials not meeting the definition of Recyclable Materials or Recyclables, including without limitation Unacceptable Recyclable Materials, as those terms are defined herein, shall remain with the generator of such waste.” 3 Right to Refuse or Reject Unacceptable Recyclable Materials: 9. The following section should be added to the Contract to read as follows: “If Unacceptable Recyclable Material is discovered before it is collected by Contractor, Contractor may refuse to collect the entire Recycling Cart or Recycling Container that contains the Unacceptable Recyclable Material. In such situations, Contractor shall provide written notice to the generator of the Unacceptable Recyclable Material and the City explaining the reason collection was refused. In the event Unacceptable Recyclable Material is present but not discovered until after it has been collected by Contractor, Contractor may, in its sole discretion, remove, transport, and dispose of such Unacceptable Recyclable Material at a facility authorized to accept such Unacceptable Recyclable Material in accordance with applicable law and charge the depositor or generator of such Unacceptable Recyclable Material for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of such Unacceptable Recyclable Material. Except where prohibited by law, the City shall cooperate with Contractor, at no expense to the City, to conduct an investigation to determine the identity of the depositor or generator of the Unacceptable Recyclable Material. The City shall not be liable for any costs incurred by Contractor in connection with such Unacceptable Recyclable Material, except to the extent that such Unacceptable Recyclable Material is deposited by the City.” Authority. 10. Each individual signing this Amendment expressly represents and warrants that he/she has the right, legal capacity and full authority to execute this Amendment. Conflicting Terms. 11. In the event of a conflict between the terms of this Amendment and those contained in the Contract, the terms of this Amendment will control and prevail. Ratification. 12. Except as specifically provided in this Amendment, each and every provision of the Contract, as amended through the date hereof, remains, and is, in all respects, in full force and effect. Counterparts. 13. This Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. Miscellaneous. 14. (i) The provisions hereof are binding upon and inure to the benefit of the parties and their respective successors and assigns; and (ii) this Amendment and the Contract constitute the entire understanding between the parties in respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above. City of Shorewood Allied Waste Services of North America, LLC dba Republic Services of the Twin Cities - Eden Prairie By: __________________________________ By: __________________________________ Its: __________________________________ Its: __________________________________ Print Name: ___________________________ Print Name: ___________________________ 4 City of Shorewood Council Meeting Item 2F Title/Subject: Approve Hennepin Co. Healthy Tree Grant Contract Meeting Date: December 9, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Tim Keane, City Attorney REGULAR Attachments: Contract and Resolution Background: Earlier this year, city staff applied to Hennepin County for a grant through the Healthy Tree program. The total grant is $24,630 and fund will be used for Ash tree treatment and removal, new tree planting, and assistance in creating a tree layer in the GIS program. Financial or Budget Considerations: The city is required to provide a match of 25 percent of the application amount, which totals $8,210. Funds will come from the recycling fund, or funds from the tree management budget. Recommended Action: Staff and the city attorney have reviewed the agreement and recommend approval. A simple majority approving the attached Resolution is sufficient for passage. Next Steps and Timeline: Staff will work with the County to execute paperwork and hold the kick off meeting for the program. 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 Contract No: PR00001501 HEALTHY TREE CANOPY GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (the “COUNTY”), on behalf of the Hennepin County Environment and Energy Department, 701 South Fourth Avenue, Suite 700, Minneapolis, Minnesota 55415 (“DEPARTMENT”), and City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota 55331 (“GRANTEE”). WHEREAS, the Hennepin County Board has established a Healthy Tree Canopy Grant Program to provide awards, which may be in the form of reimbursements (“Tree Grant Funds”) to selected eligible community tree projects; and WHEREAS, the GRANTEE has made an application for an award of Healthy Tree Canopy Grant Program and has been selected for funding of said described project in accordance with the terms of this Agreement; NOW, THEREFORE, the parties agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence upon October 22, 2019 and January 1, 2021, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total value of Tree Grant Funds awarded under this Agreement, including all reimbursable expenses, shall not exceed Twenty-Four Thousand, Six Hundred and Thirty Dollars ($24,630.00). 2. GRANT REQUIREMENTS a. The GRANTEE shall operate its tree canopy enhancement project (“Project”), including the proposed Project budget, as described in the application submitted by the GRANTEE and kept on file with the COUNTY. See attachment A for details regarding the project scope. b.The GRANTEE shall provide Twenty-Five percentage matching funds as described in the project budget and project requirements, as well as provide proof of matching funds before reimbursement. c.In addition to the obligation to operate the project as described, the GRANTEE shall: 1 (Healthy Tree Canopy Grant 2019) 1.Submit to the DEPARTMENT in a format acceptable to the COUNTY a final report by June 1, 2021. The report should include at a minimum: Project summary with photos of work completed; Results achieved; Obstacles/challenges encountered; Maintenance strategy; and Actual budget expenditures. The COUNTY shall have full ownership and control of all reports, which includes the right of the COUNTY to use any data and information contained in such project report in any manner the COUNTY determines, including but not limited to case studies or public presentations. 2.Establish a separate accounting mechanism, such as a Project number, activity number, cost center, or fund that will separate Tree Grant Fund expenditures from all other GRANTEE activities. 3.To ensure compliance with the purpose of this grant, comply with COUNTY’s request for an audit of Tree Grant Fund Project activities, revenues, or expenditures. 3. AWARD OF GRANT The COUNTY shall pay all Tree Grant Funds once work is completed to the GRANTEE valued not-to-exceed Twenty-Four Thousand, Six Hundred and Thirty Dollars ($24,630.00). Receipts may be submitted throughout the project timeline on a monthly basis for reimbursement. Incidental expenses such as shipping costs shall be deducted from the final Tree Grant Fund payment. Subject to verification of adequacy of submitted receipts, the COUNTY will disburse the requested amount to the GRANTEE within six (6) weeks after the submission of the receipts. The final request for disbursement must be submitted within three (3) months of the expiration date of this Agreement. The COUNTY, in its sole discretion, through the DEPARTMENT Director, may adjust the allocation of Tree Grant Funds if actual costs differ in amount from budgeted costs listed in the application. Any such adjustment shall be in writing, shall be signed by the DEPARTMENT Director and the GRANTEE and shall be attached hereto as a supplement. No other terms, conditions or provisions of this Agreement may be changed except in accordance with regular COUNTY contracting procedures as set forth in Section 14 of this Agreement. 4. INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of 2 (Healthy Tree Canopy Grant 2019) a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of the COUNTY for any purpose. GRANTEE is and shall remain an independent contractor for all services performed under this Agreement. GRANTEE shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of GRANTEE or other persons while engaged in the performance of any work or services required by GRANTEE will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims related to or on behalf of any of GRANTEE’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, its officers, agents, contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION In accordance with the COUNTY’s policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 6. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of the provisions set forth herein. 3 (Healthy Tree Canopy Grant 2019) 7. INSURANCE GRANTEE shall purchase insurance or utilize a self-insurance program sufficient to cover the maximum level of Minnesota tort liability limits under Minnesota Statute, Chapter 466. 8. DUTY TO NOTIFY GRANTEE shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of the provisions contained in this Agreement. 9. DATA GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy or, confidentiality or security of data, which may include the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data or privacy laws, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. If GRANTEE has access to or possession/control of Data (as defined in the DEFAULT AND CANCELLATION/TERMINATION provisions below), GRANTEE shall safeguard and protect the Data in accordance with generally accepted industry standards, all laws, and all applicable COUNTY policies, rules and direction. To the extent of any inconsistency between accepted industry standards and COUNTY policies, rules and directions, GRANTEE shall notify COUNTY of the inconsistency and follow COUNTY direction. GRANTEE shall immediately notify COUNTY of any actual or suspected security breach or unauthorized access to Data, then comply with all responsive directions provided by COUNTY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying GRANTEE’s indemnification obligations herein. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. 4 (Healthy Tree Canopy Grant 2019) 10. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. GRANTEE shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by GRANTEE, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by COUNTY of GRANTEE’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between GRANTEE and subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. 5 (Healthy Tree Canopy Grant 2019) D. GRANTEE shall notify the COUNTY in writing if another person/entity acquires, directly or indirectly, more than 50 percent of the voting power of the shares entitled to vote for directors of GRANTEE. Notice shall be given within ten (10) days of such acquisition and shall specify the name and business address of the acquiring person/entity. The COUNTY reserves the right to require the acquiring person/entity to promptly become a signatory to this Agreement by amendment or other document so as to help assure the full performance of this Agreement. 12. MERGER AND MODIFICATION A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. GRANTEE and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger and Modification, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. 13. DEFAULT AND CANCELLATION A. If GRANTEE fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless GRANTEE’s default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to GRANTEE. 6 (Healthy Tree Canopy Grant 2019) B. Upon cancellation or termination of this Agreement, the GRANTEE shall itemize any and all Tree Grant Fund expenditures up to the date of cancellation or termination and return any Tree Grant Funds not yet expended. C. For purposes of this subsection, “Data” means any data or information, and any copies thereof, created by GRANTEE or acquired by GRANTEE from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. Upon expiration, cancellation or termination of this Agreement: 1. At the discretion of COUNTY and as specified in writing by the Contract Administrator, GRANTEE shall deliver to the Contract Administrator all Data so specified by COUNTY. 2. COUNTY shall have full ownership and control of all such Data. If COUNTY permits GRANTEE to retain copies of the Data, GRANTEE shall not, without the prior written consent of COUNTY or unless required by law, use any of the Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such Data. 3. Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, GRANTEE shall, upon COUNTY’s request, certify destruction of any Data so specified by COUNTY. D Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due COUNTY from GRANTEE is determined. Following notice from COUNTY of the claimed breach and damage, GRANTEE and COUNTY shall attempt to resolve the dispute in good faith. E. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. 7 (Healthy Tree Canopy Grant 2019) F. The COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. G. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 15. CONTRACT ADMINISTRATION In order to coordinate the services of GRANTEE with the activities of the Hennepin County Environment and Energy so as to accomplish the purposes of this Agreement, Jennifer Kullgren, Environmentalist, who can be contacted at (612) 596-1175 at Jen.Kullgren@Hennepin.us or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and GRANTEE. Greg Lerud, who can be contacted at (952)960-7905 and GLerud@Ci.Shorewood.Mn.Us, shall manage this Agreement on behalf of the GRANTEE. GRANTEE may replace such person but shall immediately give written notice to the COUNTY of the name, phone number and email address of such substitute person and of any other subsequent substitute person. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE shall comply with all applicable conditions of the specific referenced grant. 8 (Healthy Tree Canopy Grant 2019) C. GRANTEE certifies that it is not prohibited nor has it hired any business which is prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 17. RECYCLING GRANTEE must have or establish a recycling program for at least three recyclable materials, such as, but not limited to, paper, glass, plastic, and metal. 18. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of the Agreement. 19. MEDIA OUTREACH GRANTEE shall not use the term “Hennepin County”, or any derivative thereof in GRANTEE’s advertising, external facing communication and/or marketing, including but not limited to advertisements of any type or form, promotional ads/literature, client lists and/or any other form of outreach, without the written approval of the Hennepin County Environment and Energy Communications Unit, or their designees. 20. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 9 (Healthy Tree Canopy Grant 2019) RESOLUTION 19-113 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A CONTRACT WITH HENNEPIN COUNTY FOR A HEALTHY TREE GRANT WHEREAS, the city applied for and received a grant from Hennepin County to assist the city in managing its forestry management plant; and WHEREAS, staff has reviewed the proposed contract for managing the program and recommends approval of the agreement, NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby approves Contract No. PR00001501 with Hennepin County. 2. Authorizes the Mayor and City Manager to execute documents on behalf of the city to manage the program. th Adopted by the City Council of Shorewood, Minnesota this 9 day of December, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2G Title/Subject: West Water Tower Lease Amendment Meeting Date: June 24, 2019 MEETING Prepared by: Greg Lerud, City Administrator TYPE Reviewed by: Tim Keane, City Attorney; Larry Brown, Director of Public REGULAR Works; Marie Darling, Planning Director Attachments: Proposed Lease and Resolution Background: The lease with T-Mobile for space on the west tower is set to expire on December 31, 2019. Staff was contacted by T-Mobile requesting a lease amendment that would allow for additional lease terms. This amendment has an initial term of five years and up to three additional five-year terms. The base lease amount will be the ending amount of the current lease, which is $32,416.98. Financial or Budget Considerations: The escalator clause for this lease is five percent per year of the lease. Options: The City Council can adopt the Resolution as presented or give direction to staff to negotiate different terms and conditions with the provider. Recommended Action: Staff recommends approving Lease Amendment No. 1 as presented. Next Steps and Timeline: Staff will work with T-Mobile representatives to execute the document. 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 4817 -9290- Site: A1P0404A Site Name: Shorewood Market: MN FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT THIS FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT (“Amendment”) is made and entered into by and between City of Shorewood, a Minnesota municipal corporation (“Landlord”), and T-Mobile Central LLC, a Delaware limited liability company (“Tenant”). RECITALS The parties hereto recite, declare and agree as follows: A. Landlord and Tenant (or as applicable, their respective predecessors in interest) entered into a Water Tower Space Lease Agreement dated January 3, 2000 (the “Lease”) with respect to Premises located at 26352 Smithtown Road, Shorewood, MN 55331. B. Landlord and Tenant desire to enter into this Amendment in order to modify and amend certain provisions of the Lease. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant and agree as follows: 1. Parties. All references to Lessee shall hereinafter be amended to read “Tenant.” 2. Modification of Term. Section 1.) Term, shall be amended to add: (c) the term of the Agreement has a New Initial Term of Five (5) years (“New Initial Term”), commencing on January 1, 2020 and the Term will be automatically renewed for up to three (3) additional Five (5) year terms (each a “Renewal Term”) without further action by TENANT, unless terminated as provided herein. 3. Rent. Section 3.) Rent, shall be amended to add: (a)(4) For purposes of rent calculation, the annual Base Rent for the New Initial Lease Term shall be $32,416.98. Annual adjustments shall be governed by Section 3.) (a)(3) of the Lease. 4. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this Amendment, the terms and conditions of this Amendment will govern and control. 4817 -9290- 5. Landlord represents and warrants to Tenant that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this Amendment, or if any such third party consent or approval is required, Landlord has obtained any and all such consents or approvals. IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date of execution by the last party to sign. City of Shorewood T-Mobile Central LLC, a Delaware limited liability company By: By: Name: Scott Zerby Name: Hossein Sepehr Title: Mayor Title: Sr. Director, Network Eng. and Ops. Date: Date: By: Name: Greg Lerud Title: City Administrator Date: EXHIBIT A Antenna Facilities [See Attached] 4817-9290-6414.1 CITY OF SHOREWOOD RESOLUTION NO. 19-114 A RESOLUTION APPROVING A FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SHOREWOOD (CITY) AND T-MOBILE CENTRAL LLC, (LESSEE) FOR PREMISES LOCATED AT 26352 SMITHTOWN ROAD WHEREAS , the City and Lessee entered into an Agreement dated January 3, 2000 (hereinafter, the “Agreement”); WHEREAS , the City and Lessee desire to amend and renew said Agreement, as provided and attached hereto as Exhibit A, “First Amendment to Water Tower Space Lease Agreement”; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1.The Mayor and Council approve the “First Amendment to Agreement” to the Water Tower Space Lease Agreement by and Between the City of Shorewood and T-Mobile Central LLC, as attached. 2.The Mayor and City Administrator are authorized to sign documents on behalf of the City of Shorewood. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9 day of December , 2019. _________________________________ ATTEST: Scott Zerby, Mayor ___________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2I Title/Subject: Resolution Setting 2020 Regular Meeting Schedule Meeting Date: Monday, December 9, 2019 MEETING Prepared by: Sandie Thone, City Clerk TYPE Reviewed by: Greg Lerud, City Administrator Regular Meeting Attachments: Resolution and Schedule of Meetings Policy Consideration: Pursuant toMinnesota State Statute §13D.04 the city council is required to provide the regular meeting schedule on file at city offices. In addition, the statute specifically requires that should an alternate date be chosen for a regular meeting other than one on the annual schedule, that the city follow the notification requirements for a special meeting which includes posting the date, time, place and purpose of the meeting on the official posting board at City Hall. Background: Regular city council meetings which could include council work sessions prior to the regular meeting for the year 2020 will be held on the second and fourth Mondays of each month in the City Council Chambers located at 5755 Country Club Road in Shorewood, MN. Should the meeting fall on a holiday and an alternate date is chosen for the meeting in lieu of opting out of the meeting date, the process and requirements for calling a special meeting will be followed. I have included a Schedule of the proposed 2020 regular meetings. Two regular meetings fall on Federal Holidays: Memorial Day and Columbus Day. Pursuant to Minnesota State Statute 645.44, Subdivision 5, no public business may be transacted including public meetings on a Federal Holiday, with the exception of emergencies. Please note on the schedule that I have moved the two regular scheduled city council meetings that land on a Federal Holiday to the following Tuesday as has been the practice the past two years. I have included the Truth-In-Taxation meeting the first Monday in December as well to the 2020 Schedule. Action Requested: Staff respectfully recommends the city council approve the Resolution Setting the 2020 Regular City Council Meeting Schedule. Motion, second and simple majority vote required. Connection to Vision/Mission : Consistency in 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. 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 2020 City of Shorewood City Council Regular Meeting Schedule Monday, January 13 Monday, January 27 Monday, February 10 Monday, February 24 Monday, March 9 Monday, March 23 Monday, April 13 Monday, April 27 Monday, May 11 Tuesday, May 26* Monday, June 8 Monday, June 22 Monday, July 13 Monday, July 27 Monday, August 10 Monday, August 24 Monday, September 14 Monday, September 28 Tuesday, October 13* Monday, October 26 Monday, November 9 Monday, November 23 Monday, December 7 (Truth in Taxation) Monday, December 14 *changed from Monday to Tuesday to accommodate Federal Holiday CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19-XX A RESOLUTION SETTING THE 2020 REGULAR CITY COUNCIL MEETING SCHEDULE FOR THE CITY OF SHOREWOOD WHEREAS , Minnesota Statute §13D.04, Subdivision 1 requires a schedule of the regular meetings of the City Council be kept on file at its primary offices; and WHEREAS , Minnesota Statute §13D.04, Subdivision 2 requires that should a Regular City Council meeting fall on a holiday and an alternate date must be scheduled, the City Council will give sufficient notice as regulated in the special meeting statute by posting a written notice on the principle bulletin board of the public body of the date, time, place, and purpose of the meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: For the Year 2020, the Regular City Council meetings which could include council work sessions prior to the regular city council meeting will be scheduled on the 2nd and 4th Mondays of each month and shall be held in the Council Chambers of the Shorewood City Hall located at 5755 Country Club Road, Shorewood, MN. In the event that a Federal Holiday falls on a Monday the Regular City Council meeting will be held on the following Tuesday. The annual Truth in Taxation meeting has been set for the first Monday in December. Any changes or alterations to this schedule will require notice and posting of an alternate date for the meeting. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of December 2019. __________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2I Title/Subject: Non-Union Wage Adjustments for 2020 Meeting Date: December 9, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Joe Rigdon, Finance Director REGULAR Attachments: 2020 salary calculations and 2020 salary budget estimate Financial or Budget Considerations: This is the second year on the salary schedule that the city council adopted in 2018. The contract with the public works union calls for a scale increase of 3.0%. Staff recommends approving the same increase of 3.0% as a table increase. The attachment compensation schedule reflects the 3.0% increase. The total estimated salary cost for 2020 is budgeted to be $1,746,819, which includes the addition of a street inspector position, increasing the planning technician to a full- time position, and increases in warming house positions in line with previous council and park commission recommendations. In addition, the budget includes an increase of $50 per month per employee toward insurance premiums. You will notice that there are three positions that are at max rate. Those positions will receive the three percent increase, but there are no additional steps in that pay range. The city is very fortunate to have the quality of people that it does on its staff – it is an outstanding group. Reviews for all employees have been done and overall performance is good to excellent. The Administration team continues to work on positive reinforcement with quarterly check-ins, Planning is focused on the transition from a long-term staff to one with new staff, and Public Works is engaged in leadership and communication training. Recommended Action: It is recommended to approve the salary adjustments as included with this memo. 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 2020 Non-Union Compensation Proposal for Full-time Employee Salary Schedule 2019 2020 Position Grade/Step Proposed Director of Public Works 18/F 18/Max Rec. Coord/Admin. Asst. 10/E 10/F Communications/Recycling 10/E 10/F Coordinator Sr. Acct. 10/Max 10/Max Planning Director 16/E 16/F City Clerk 12/Max 13/Max Bldg. Official 12/E 12/F Admin. Asst. 10/B 10/C Lead Supervisor – PW 11/E 11/F Finance Director 17/F 17/Max City Administrator 19/C 19/D City of Shorewood Council Meeting Item 2J Title/Subject: Approve 2020 AFSCME Contract Reopener Meeting Date: December 9, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Joe Rigdon, Finance Director REGULAR Attachments: Proposed Memorandum of Understanding Background: The current contract with AFSCME and the public works union provides for a reopener each year to determine the city’s contribution to insurance premiums. The proposed language for this reopener calls for the same monthly contribution - $1,180 as non-union employees, which is a $50 increase per month per employee. Financial or Budget Considerations: This contribution level is included in the proposed 2020 budget. Recommended Action: Staff recommends approving the attached Memorandum of Understanding as presented. A simple majority is all that is required for passage. 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 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SHOREWOOD AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPLE EMPLOYEES (AFSCME) COUNCIL 5, LOCAL 224. M.O.A. ARTICLE 20 - INSURANCE The purpose of this Memorandum of Agreement (MOA) is to memorialize the agreement between the City of Shorewood (the EMPLOYER) and the American Federation of State, County and Municipal Employees (AFSCME), concerning the change in EMPLOYER contribution towards group health, dental, life insurance, long and short term disability insurance for calendar year 2020. Starting January 1, 2020 Article 20, section 3 will be amended as follows. Section 3: Contribution Amounts. $1180 a. In 2019 the Employer shall provide up to $1130 per month to regular full-time employees for coverage stated in Section 1 above. An employee who elects coverage under the Health Savings Account that, combined with other benefits, results in a total cost that is less than the contribution level, shall have the balance applied toward their Health Savings Account up to a maximum of $2,500 for the year, or $208 per month. This amount shall be deposited into the members HSA account at the start of the New Year. Regular part-time employees working more than 20 hours per week shall be entitled to pro-rated contribution. The Employer and Union agree to reopen negotiations for year 2021 Employer contribution amount. For the City of Shorewood For AFSCME Council 5, Local 224 _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ City of Shorewood Council Meeting Item 2K Title/Subject: Approve Assessment for 6075 Strawberry Lane Meeting Date: December 9, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Resolution Background: At the November 12 meeting, the City Council approved the assessment for those properties who agreed to pay their water access charge over a period of up to 10 years. Subsequent to approval of that Resolution, the city received an additional assessment agreement and the property owner has since connected to the city’s system. Recommended Action: Staff recommends approving the Resolution as submitted. Next Steps and Timeline: Staff will transmit the Resolution to Hennepin County. 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 RESOLUTION 19-116 CITY OF SHOREWOOD COUNTY OF HENNEPIN A RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR 6075 STRAWBERRY LANE TO THE 2020 HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS , the City Council for the City of Shorewood offered a program for residents who had public water available but were not connected to the municipal system, the ability to assess the water access charge over a number of years; and, WHEREAS , the owners of the property listed below have signed Assessment Agreement that state the terms of the assessment and waiving their right to appeal the assessment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: That pursuant to the terms of the assessment agreements, the city hereby approves and certifies the following special assessments: PID ADDRESS NAME AMOUNT TERM INTEREST RATE 3211723430003 6075 Strawberry Ln. Hinnenkamp 10,000 10 years 0.0% The clerk shall forthwith transmit a certified copy of this certification to the County Auditor to be extended on the property tax lists of the county and such certified assessment shall be collected and paid over in the same manner as property taxes. Hennepin County Special Assessment Division is hereby authorized to certify the assessments on the property tax rolls payable in 2020. th ADOPTED BY THE SHOREWOOD CITY COUNCIL this 9 day of December 2019. ________________________________ Scott Zerby, Mayor ATTEST ________________________________ Sandie Thone, City Clerk # ITEM 2M MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Approving Seasonal Hires: Ice Rink Attendants Meeting Date: Monday, December 9, 2019 Prepared by: Twila Grout, Parks and Recreation Director Reviewed by: Marie Darling, Planning Director Background: The City of Shorewood currently has two parks with skating rinks that provide warming house facilities. The parks are Cathcart Park and Manor Park. The skating rinks typically open as early as is physically possible with winter conditions for rink flooding. Once the rinks are completed, weather permitting, the warming houses at the two parks are open Monday through Friday from 3:30 p.m. to 9:00 p.m., Saturday from 11:00 a.m. to 9:00 p.m. and Sunday from Noon to 9:00 p.m. and extended hours on planned school closure days such as holidays or workshop days from 10:00 a.m. to 9:00 p.m. In order to operate the warming house facilities at the above parks, the city hires seasonal employees to serve as ice rink attendants. The following two people have been rink attendants in the past and have submitted the necessary application materials to be rink attendants again: 1. Ben Gleason 2. Hayden Matchan Recommendation / Action Requested: Staff respectfully requests the city council approve the above two applicant’s contingent upon successful South Lake Minnetonka Police Department background checks and children service worker checks with the BCA. Due to the length of time before the next Council meeting, staff also asks for permission to conduct background checks on any additional applicants prior to review of the candidate(s) at the January city council meeting. 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\Council Staff reports\2019\Ice Rink Attendant Memo - 2M.doc CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, DECEMBER 3, 2019 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Maddy; Commissioners Gorham and Gault; Planning Director Darling; and, Council Liaison Siakel Absent: Commissioners Riedel and Eggenberger 1. APPROVAL OF AGENDA Gorham moved, Gault seconded, approving the agenda for December 3, 2019, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES October 22, 2019 Gorham moved, Gault seconded, approving the Planning Commission Meeting Minutes of October 22, 2019, as presented. Motion passed 3/0. 3. PUBLIC HEARINGS - NONE Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – WALNUT HILL – COMPREHENSIVE PLAN AMENDMENT; REZONE TO R-1C; PRELIMINARY AND FINAL PLATS Applicant: Debra Hunt Location: 24340 Yellowstone Trail Planning Director Darling gave an overview of the application regarding 24340 Yellowstone Trail. She explained that the application is to subdivide the property into two lots to allow for the construction of one additional single family home. She stated that the applicant has also applied to change the Comprehensive Plan’s land use plan from minimum density residential to low density residential. She explained that staff is not recommending approval of the Comprehensive Plan land use amendment for just the applicant property and had encouraged the applicant to speak with the neighboring properties to join this application. She stated that because staff does not recommend this change, they also cannot support the rezoning request because it would allow for development that would be inconsistent with the land use plan. She stated that this also CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 2 of 6 means that staff cannot support the subdivision request because it needs to be consistent with both the zoning district and Comprehensive Plan. She stated that the City has received two letters regarding this application, one expressing concern and the other indicating support. Commissioner Gorham stated that staff had indicated that they would encourage the property owner to apply for the Comprehensive Plan amendment as a larger group and asked how many property owners would be necessary for the City to consider changing a larger area of land use. Planning Director Darling stated that they have asked residents to work with their surrounding neighborhood, a specific number is not required. Commissioner Gorham asked whether it would be asking for the whole street in this instance. Planning Director Darling stated that it would be a few of the surrounding parcels, and at a minimum, the property to the west and a few properties surrounding it. She stated that the property owner can speak to the question of who they contacted in the neighborhood. She noted that the properties to the south are all zoned R-1C and the properties on the north and east are zoned R-1A. She stated that there is one other parcel across the street to the west that has also been guided for the minimum density for the land use. Sarah Bennett, attorney for Debra Hunt, the applicant, appeared and explained that Ms. Hunt currently lives in California and is the trustee for her father, Marvin Boote. She explained that Mr. Boote has owned this property since 1960 and is now 93 and has moved to California to be with his daughter. She stated that she disagrees that allowing this change would change the character of the neighborhood because much of the area is already zoned R-1C and would only require a map amendment in the Comprehensive Plan. She noted that a tree preservation plan was submitted as part of this application so they will not interfere in the natural landscape in the area. Commissioner Gorham asked about her distinction between a text amendment and a map amendment on the Comprehensive Plan. Ms. Bennett explained that she did not see anything when she was reading the Comprehensive Plan that would require a text amendment. She stated that this amendment would not try to thwart any of the policy objectives in the Plan. She stated that she understands Planning Director Darling’s argument for the City having a consistent approach to this type of application, but would ask whether this application really interferes or takes away from the goals of the Comprehensive Plan. Commissioner Gorham asked why Ms. Bennett thinks this situation is unique and would not set a precedent. Ms. Bennett stated that she believes the City needs to take a look at the properties in the surrounding areas as well. She stated that they contacted some of the neighbors regarding the Comprehensive Plan amendment. She explained that one submitted comments in opposition and one has submitted comments in support. She stated that, to her knowledge, the rest of the neighbors are not opposed to the amendment, but do not see any practical benefit for themselves at this time. Commissioner Gault stated that it appears as though the only reason the current property owners want to make this change is for financial gain. He stated that he does not like the idea of spot zoning. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 3 of 6 Ms. Bennett stated that there is someone interested in purchasing the property. She stated that if this is rezoned, they would hope that some of the surrounding properties would also rezone in the future, but if they do not, she does not believe that it will be inconsistent with the entire surrounding area. She stated that she does not see this change sticking out like a sore thumb. Chair Maddy opened the Public Hearing at 7:32 P.M. noting the procedures used in a Public Hearing. Ed Hasken, 24315 Yellowstone Trail, stated that he has lived here for 28 years. He stated that he spoke with most of the surrounding neighbors on behalf of Mr. Boote. He stated that seven of the properties stated that they did not care if this was done, but did not want to participate in the process. He noted that the lots around them are not able to be subdivided because they are either too narrow or too small. He reiterated that the neighbors do not oppose the subdivision. He stated that if this lot were subdivided it would help the City pay the infrastructure costs for the water in the area. He stated that if approved, there would be financial gains for the City as well as the property owner. He stated that he does not think the potential financial gains is reason for the City to deny this request. Commissioner Gault asked why the neighbors that did not oppose this request didn’t submit a letter explaining their position. Mr. Hasken stated that he knows that one neighbor did not oppose the plans, but had problems with the Boote’s in the past with relation to dogs, so he would not submit a letter. He stated that he was unsure they the others did not submit a letter. There being no additional comment, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:40 P.M. Chair Maddy explained that the City needs to apply the standards and policies uniformly and consistently. Commissioner Gault stated that he does not support doing the spot zoning that is proposed. Gorham moved, Gault seconded, recommending the Council deny the request by Debra Hunt, 24340 Yellowstone Trail, for a Comprehensive Plan Amendment, Rezone to R-1C and Preliminary and Final Plats. Motion passed 3/0. Planning Director Darling noted that this item will come before the Council on January 13, 2020. B. PUBLIC HEARING – MATTHEW SAYER – PRELIMINARY PLAT AND LOT WIDTH AND AREA VARIANCES Applicant: Sathre-Bergquist, Inc. Location: 20325 Excelsior Boulevard Planning Director Darling stated that the applicant proposes to subdivide the parcel and build two, two-family dwellings with each half of the townhome being on its own lot. She noted that the applicant has indicated that they are not quite ready to move forward and have requested additional time to complete their paperwork. Staff recommends that the Planning Commission open the public hearing and continue it to a future date. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:49 p.m. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 4 of 6 Gorham moved, Gault seconded to continue the Public Hearing for the Preliminary Plat and Variances requested by Sathre-Bergquist, Inc., for property located at 20325 Excelsior Boulevard, until January 7, 2020. Motion passed 3/0. 4. OTHER BUSINESS MINOR SUBDIVISION AND LOT AREA VARIANCES Applicant: Lake West Development, LLC Location: 24845 Smithtown Road Planning Director Darling stated that the applicant is proposing to remove the existing buildings and subdivide the property into two lots that would access Club Lane. She stated that because of the right-of-way dedications and easements, the lots are slightly smaller than allowed which is why staff is recommending approval of the variances proposed subject to the conditions as listed in the report. Commissioner Gorham asked if the neighborhood had been contacted regarding these plans. Planning Director Darling stated that all property owners within 500 feet were notified. Commissioner Gault asked if a variance would be required without the roadway easements they are providing to the City. Planning Director Darling stated that without the easements, they would have an adequate amount of land and would not need a variance. Curt Fretham, Lake West Development, appeared before the Commission. Chair Maddy opened public comment at 8:00 p.m. and there being no public comment, closed that portion of the meeting. Gault moved, Gorham seconded, to recommend the Council approve the Minor Subdivision and Lot Area Variances request by Lake West Development, LLC, with conditions as listed in the staff report for property located at 24845 Smithtown Road. Motion passed 3/0. Planning Director Darling noted that this will be on the Council agenda on December 9, 2019. Chair Maddy recessed the meeting at 8:01 p.m. and reconvened at 8:05 p.m. C. MINOR SUBDIVISION/COMBINATION (LOT LINE REARRANGEMENT) Applicant: Keenan & Sveiven, Inc. Location: 22425 Murray Street Planning Director Darling explained that this application is for a lot line adjustment between two properties that are owned by the same property owner. She noted that the requested change is to accommodate changes to the pool and accessory buildings and allow for additional impervious surface coverage. She stated that staff recommends approval subject to drainage and utility easement dedication. Chair Maddy asked whether the parcels are within the Shoreland District. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 5 of 6 Planning Director Darling noted that the northerly portion of the lots would be part of the Shoreland District. Gault moved, Gorham seconded by to recommend approval of the request by Keenan & Sveiven, Inc. for a lot line rearrangement for the property at 22425 Murray Street, subject to the dedication of the drainage and utility easement. Motion passed 3/0. Planning Director Darling noted that this will be on the Council agenda for December 9, 2019. 5. MATTERS FROM THE FLOOR Chair Maddy noted that the Commission had received a letter reminding them of resident concerns regarding lighting near the Shorewood Landing facility. Planning Director Darling stated that the direction she received from the Commission was to look at lighting standards for commercial properties but was not given any direction for changes in code for holiday lighting. She stated that she will be looking at the commercial regulations and may have that ready for discussion at the January or February meetings. Councilmember Siakel asked if the City could make a simple phone call and ask that the lights be turned off by 11:00 p.m. or something to help accommodate the nearby residents. Planning Director Darling explained that she has been doing that for the last few years. 6. REPORTS • Liaison to Council Council Liaison Siakel reported on matters considered and actions taken during Council’s November 25, 2019, meeting and the Truth in Taxation meeting on December 2, 2019 (as detailed in the minutes for those meetings). Commissioner Gault asked if anything had happened surrounding the discussion of a new traffic study for access to Highway 7 with the intent of determining the possibility of lights at Eureka. Planning Director Darling explained that discussion was within the context of a review of a development application. She stated that if the application moves forward, the City can ask for the traffic study, but if there is a lower density proposal for this parcel, it may not be necessary. She noted that the elected officials were going to have a higher-level discussion with the appointed officials at MnDot on the needs in the area. Council Liaison Siakel gave a brief update on the request from Tonka Bay for the City to vacate their easement for their proposed apartment building near the Public Works facility. • Draft Next Meeting Agenda Planning Director Darling stated the request continued from tonight’s meeting for preliminary plat and lot width variances for Sathre-Bergquist for the property at 20325 Excelsior Boulevard is slated for the January 7, 2019, Planning Commission meeting. She stated that she also plans to work on some draft code amendments for discussion at this meeting. Council Liaison Schedule: CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 6 of 6 Commissioner Gault – January Chair Maddy – February 7. ADJOURNMENT Gault moved, Gorham seconded, adjourning the Planning Commission Meeting of December 3, 2019, at 8:28 P.M. Motion passed 3/0. Ô. a99LbD t9 w;mÒ © a;;·zm Title / Subject: Minor Subdivision and Variances Location: 24845 Smithtown Road Applicant: Lake West Development, Inc. Meeting Date: December 9, 2019 Prepared by: Marie Darling, Planning Director Review Deadline: February 18, 2020 Attachments: Planning Staff Memorandum Resolution Background: See the planning staff memorandum for detailed background on this item. At the December 3, 2019 meeting, the Planning Commission unanimously recommended approval of the request for minor subdivision and variances finding that the subdivision variance standards have been met. No one from the public requested to speak. Financial or Budget Considerations: The fee paid by the applicant covers the cost of processing the application. The division will generate $6,500 in park dedication fees and $1,200 in LSSAC. Recommendation / Action Requested: The Planning Commission recommended approval of the request for minor subdivision based on the findings that the subdivision regulations and the criteria for a subdivision variance have been met. Action on this item requires a simple majority. Next Steps and Timelines: If the item is approved, the subdivision could be recorded at Hennepin County after the conditions of approval are met. After recording, the applicant could sell the lots or apply for building permits. azz {· ·;;·t 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 leadershi S:\Planning\Planning Files\Applications\2019 Cases\Club Lane MS Lake West\CAF.docx RESOLUTION 19- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING SUBDIVISION OF PROPERTY AND VARIANCES FOR LAKE WEST DEVELOPMENT AT 24845 SMITHTOWN ROAD WHEREAS , Lake West Development (Applicant) has proposed a subdivision on property in the City of Shorewood, legally described as: lying north of a line parallel with and 159.15 feet north of the south line of said Lot 39, Hennepin County, Minnesota; and WHEREAS , the Applicant has applied to the City for a subdivision of said real property into two parcels legally described and illustrated in Exhibit A, attached hereto and made a part hereof; and WHEREAS , the Applicant has also applied for a variance to allow the two lots to be smaller than the minimum required lot area in the R-1C zoning district (20,000 square feet); and, WHEREAS dated September 24, and October 10 and 21, 2019 was reviewed by the Planning Director, whose memo was forwarded to the Planning Commission for their meeting on December 3, 2019, a copy of the memo is on file at the Shorewood City Hall; and WHEREAS , the application was considered by the Planning Commission at a regular meeting held on December 3, 2019, the minutes are on file at City Hall; and WHEREAS , the City Council considered the application at its regular meeting on December 9, 2019, at which time the Planning Director's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described above is hereby approved for division into two parcels, legally described and illustrated in Exhibit A. 2. The variances for lot area are approved to allow the northerly lot (parcel 1) to be 19,856 square feet and the southerly lot (parcel 2) to be 19,316 square feet, based -1- on the finding that the subdivision variance standards listed in City Code have been met. 3. The subdivision approval is subject to the following conditions: a. Prior to recording the subdivision, the applicant shall submit the following consistent with City Code: 1) Remove all the accessory structures from the property. 2) Executed 10-foot drainage and utility easements around the periphery of each lot; a 20.5 foot right-of-way easement across the easterly portion of both lots such that the total right-of-way would be 50 feet. 3) Payment of the following fees: Park dedication: $6,500 and LSSAC: $1,200. 4) Revisions to the plans as follows: a) Consistent with the October 31 and November 12, 2019. b) Relocate the proposed trees outside the right-of-way onto private property. b. No construction or demolition may occur without the applicable permits. c. Prior to issuance of a building permit, the applicant shall complete the following: 1) Submit proof of recording for the lot division and all easements. 2) Request and acquire any right-of-way permits necessary to install services or conduct any other work in the right-of-way. 3) Submit plans in conformance with all city and state requirements. 4) Submit a construction management plan for construction on each of the two lots detailing where workers will park, how deliveries will be made without blocking public streets, where storage of materials will occur, hours of construction and how often streets will be swept. 4. No variances other than those specifically listed in this resolution are granted or implied. 5. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes when the above conditions are satisfied. 6. The Applicant shall record this resolution and the easements with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. -2- ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of December, 2019. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk -3- -5- Ô/ a99LbD t9 w;mÒ © a;;·zm Title / Subject: Minor Subdivision (Lot Line Adjustment) Location: 22425 Murray Street and 6175 Cardinal Drive Applicant: Keenan & Sveiven, Inc. Meeting Date: December 9, 2019 Prepared by: Katriona Molasky, Planning Technician Reviewed by: Marie Darling, Planning Director Review Deadline: March 8, 2020 Attachments: Planning Staff Memorandum Resolution Background: See the planning staff memorandum for detailed background on this item. At the December 3, 2019 meeting, the Planning Commission unanimously recommended approval of the request for the lot line adjustment. No one from the public requested to speak. Financial or Budget Considerations: The fee paid by the applicant covers the cost of processing the application. Recommendation / Action Requested: The Planning Commission recommended approval of the request for the lot line adjustment based on the findings that the subdivision regulations and criteria for a subdivision variance have been met, subject to the conditions in the attached resolution. Action on this item requires a simple majority. Next Steps and Timelines: If the item is approved, the resolution could be recorded at Hennepin County after the conditions of approval are satisfied. azz {· ·;;·t 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 leadershi S:\Planning\Planning Files\Applications\2019 Cases\Quandt 22425 Murray Street\CAF - draft.docx RESOLUTION 19- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING MINOR SUBDIVISION (LOT LINE ADJUSTMENT) FOR PROPERTIES AT 22425 MURRAY STREET AND 6175 CARDINAL DRIVE WHEREAS , Kennan & Sveiven, Inc. (Applicant) on behalf of James Quandt the owner of certain real property in the City of Shorewood (City), legally described as: 6175 Cardinal Drive (Parcel 1): described as follows: Commencing 150 feet south of measured parallel with the east line of said lot a point of 200 feet west of the northeast corner of Lot 90; thence west parallel with the north line thereof, 170 feet; thence southwesterly to a point in the westerly line thereof distance 318 feet southeasterly from the northwest corner of said lot; thence southerly along the westerly line therefore to the intersection with a line drawn parallel to the north line of said Lot 90 and 371.5 feet south of the northeast corner of said Lot 90; thence east along said parallel line to a point 120 feet west of the east line of said Lot 90; thence north parallel with the east line of said lot 90 to the intersection with a line drawn parallel to the north line of said Lot 90 and 200.17 feet south of said north line; thence west on said parallel line 80 feet; thence north to the point of beginning. 22425 Murray Street (Parcel 2): s Subdivision No. 135, Hennepin County, Minnesota, described as follows: Beginning at a point on the east line of said Lot 90, which point is 371.5 feet south of the northeast corner of said Lot 90; thence north along the east line of said Lot 90 a distance of 371.5 feet to the north line of said Lot 90; thence west along the north line of said Lot 90 a distance of 20 feet; thence south parallel with the east line of said Lot 90 a distance of 200.17 feet; thence west parallel with the north line of said Lot 90 a distance of 100 feet; thence south parallel with the east line of said Lot 90 to the interception with a line drawn parallel to the north line of said Lot 90 and 371.5 feet south of the northeast corner of Lot 90; thence east along said parallel line to the east line of said Lot 90 a distance of 120 feet to the point of beginning. And, -1- WHEREAS , the Applicant has applied to the City for a lot line adjustment of said real property into two parcels legally described and illustrated in Exhibit A, attached hereto and made a part hereof; and WHEREAS , the Applicant has agreed to grant to the City ten-foot drainage and utility easements around the periphery of each lot; and WHEREAS , the application was considered by the Planning Commission at a regular meeting held on December 3, 2019, the minutes are on file at City Hall; and WHEREAS , the City Council considered the application at its regular meeting on December 9, 2019, at which time the Planning memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant, City staff and the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described above is hereby approved for a lot line adjustment as legally described and illustrated in Exhibit A. 2. Prior to release of this resolution, the applicant shall submit executed ten-foot drainage and utility easements around the periphery of each lot. 3. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes when the above conditions are satisfied. 4. The Applicant shall record this resolution and the easements with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of December, 2019. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk -2- Exhibit A: Proposed Parcel 1: described as follows: Commencing 150 feet south of measured parallel with the east line of said lot a point of 200 feet west of the northeast corner of Lot 90; thence west parallel with the north line thereof 170 feet; thence southwesterly to a point in the westerly line therefore distant 318 feet southeasterly from the northeast corner of said lot; thence southerly along the westerly line thereof to the intersection with a line drawn parallel to the north line of said Lot 90 and 371.5 feet south of the northeast corner of said Lot 90; thence east along said parallel line to a point 200 feet west of east line of said Lot 90; thence north parallel with the east line of said Lot 90 to the point of beginning. Proposed Parcel 2: 135, Hennepin County, Minnesota, described as follows: Beginning at a point on the east line of said Lot 90, which point is 371.5 feet south of the northeast corner of said Lot 90; thence north along the east line of said Lot 90 a distance of 371.5 feet to the north line of said Lot 90; thence west along the north line of said Lot 90 a distance of 20 feet; thence south parallel with the east line of said Lot 90 a distance of 200.17 feet; thence west parallel with the north line of said Lot 90 a distance of 180 feet; thence south parallel with the east line of said Lot 90 to the interaction with a line drawn parallel to the north line of said Lot 90 and 371.5 feet south of the northeast corner of Lot 90; thence east along said parallel line to the east line of said Lot 90 a distance of 200 feet to the point of beginning. -3- -4- CITY OF SHOREWOOD RESOLUTION NO. 19-119 A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR REPLACEMENT OF 800 MEGAHERTZ RADIOS WHEREAS, the Department of Public Works owns 800 megahertz radios for primary communications with other first response agencies; and WHEREAS, said radios have reached the end of service life and have been programmed into the Capital Improvement Program for replacement, over a four year period; and WHEREAS, adequate funds exist in the Equipment Replacement Fund and it is more efficient for the maintenance of the radios to replace said radios all at the same time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1.The 2019 Capital Improvement Program is hereby revised to fund a one-time expenditure for replacement radios in 2019, with no future expenditures for these radios in 2020 through 2022, as shown in the current CIP. 2.The expenditure of funds of $28,456.15 from the Equipment Replacement Fund is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD th This 9 day of December, 2019. ATTEST: ______________________ Scott Zerby, Mayor _________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 8B Title/Subject: WSB Contract for Services Meeting Date: December 9, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Larry Brown, Director of Public Works; Tim Keane, REGULAR City Attorney Attachments: Amended contract Background: Effective December 1, 2019, Bolton and Menk, Inc. is contracted as the City Engineer. As was discussed with Bolton and Menk and WSB, there are several projects that are scheduled and are at a point in the process where it makes financial sense to have WSB continue to provide services for these particular projects: 1. Construction inspection services for the Minnetonka Country Club, Phases 1, 2, and 3. 2. Contract close out for the 2019 mill and overlay improvement project. 3. Planned street reclamation project for Enchanted Island and Shady Island, Project No. 18-11. 4. Planned street reclamation project for Woodside Road and Woodside Lane, Project No. 19-04. Financial or Budget Considerations: Included with this memo are copies of the previous professional service agreements the city has with WSB to complete the above- referenced project. Given the additional expense that would be incurred if Bolton and Menk assumed responsibility for these projects, it is staff’s opinion that the work WSB has done to date on these specific projects allows them to complete the project at a lower cost to the city. Options: Accept the amended contract by approving the Resolution; reject the contract amendment and direct the work go to Bolton & Menk or provide alternative direction. Recommended Action: City staff, Bolton and Menk staff, and WSB staff accept the work proposed under this amendment, and we recommend approval of the Resolution. 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 RESOLUTION 19-120 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING CONTRACT AMENDMENT WITH WSB, INC. TO PROVIDE ENGINEERING SERVICES TO THE CITY WHEREAS, The Shorewood City Council has a contract with the firm Bolton & Menk to provide engineering services to the city; and, WHEREAS, the City has several engineering projects in various stages of completion where WSB has done the engineering work for the City; and, WHEREAS, The City Council believes that it is in the financial interest of the City that WSB continue to provide engineering services for those projects; NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Approves the revised professional services agreement with WSB as detailed in the attached letter dated November 21, 2019. 2. Authorizes the Mayor and City Administrator, on behalf of the city, to sign the agreement or execute any other necessary documentation to validate the agreement. th Adopted by the City Council of Shorewood, Minnesota this 9 day of December 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk #9A MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: Adoption of the 2020 General Fund Budget and Property Tax Levy Collectible in 2020 Meeting Date: December 9, 2019 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachment: Resolution 2020 General Fund Summary Budget Policy Consideration: Adoption of this resolution will allow staff to certify the General Fund budget and property tax levy to Hennepin County as required by Minnesota statutes. Background: On September 23, 2019, the City of Shorewood adopted the proposed 2020 General Fund budget. In addition, the city adopted the “2020 Proposed Levy Certification” for submission to the Hennepin County Auditor. On December 2, 2019, a truth in taxation meeting was held at which the public was invited to discuss the budget and property tax levy. Overall proposed 2020 General Fund expenditures and transfers out are budgeted at $6,622,581, or a 4.8% increase from the 2019 General Fund budget. Included is an increase to operating expenditures of $266,523, or 5.2%. Total transfers out are budgeted to increase by $36,110, or 3.0%. This includes a $25,000 increase for street improvements and a $50,000 shift from capital equipment to park improvements. General Fund 2020 revenues and transfers in are budgeted at $6,566,196, or a 4.7% increase over the 2019 budget. Of the $292,664 increase in revenues and transfers in, $326,289 is proposed to be generated from the property tax levy (all non-tax revenues are projected to decrease $33,625). To balance the 2020 General Fund budget, a “use of reserves” of $56,385 is proposed. This compares to a budgeted use of General Fund reserves of $46,416 within the 2019 budget. The City’s 2020 preliminary property tax levy of $5,856,611 is 5.9% higher than the 2019 total levy of $5,530,322. The City is proposing to increase the payable 2020 City tax rate by 1.5% from 28.539% in 2019 to 28.973% in 2020. In other words, property owners with no change in market values from payable 2019 to payable 2020 should experience a 1.5% increase in the City portion of their overall property tax bill. In the event of a market value decrease or increase from payable 2019 to payable 2020, City property taxes would change proportionately. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Financial or Budget Considerations: The adoption of this resolution records the City Council’s spending priorities for 2020 and the amount of property taxes to be raised. Options: The City Council may choose to: 1.Approve the resolution adopting the 2020 General Fund operating budget and approving the property tax levy collectible in 2020. 2.Make revisions to the 2020 property tax levy and/or 2020 General Fund operating budget. Recommendation / Action Requested: Staff recommends that the City Council adopt the resolution as submitted. Next Steps and Timelines: The final tax levy will be applied by Hennepin County to create property tax statements that will be mailed in April, 2020, for collection on May 15 and October 15, 2020. Connection to Vision / Mission: This process contributes to sound financial management by providing financial resources to pay for desired city services. CITY OF SHOREWOOD RESOLUTION NO. 19-121 A RESOLUTION ADOPTING THE 2020 GENERAL FUND OPERATING BUDGET AND APPROVING THE PROPERTY TAX LEVY COLLECTIBLE IN 2020 WHEREAS , the 2020 Budget and property tax levies collectible in 2020 for the City of Shorewood have been prepared and reviewed by the City Council; and, WHEREAS , the budget has been modified by the City Council to meet service delivery goals; and, WHEREAS , the City Council held a Truth-in-Taxation public meeting on December 2, 2019, to receive public comment regarding the adoption of such budgets and property tax levies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS : 1.That a budget of $6,622,581 is adopted to pay for 2020 General Fund operations. 2.That the sum of $5,856,611 is levied for 2019, collectible in 2020, upon taxable property in the City of Shorewood. 3.That the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9 day of December, 2019. ATTEST:Scott Zerby, Mayor ____________________________________________ Sandie Thone, City Clerk #9B MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Adopting the 2020 Budgets for the Shorewood Community & Event Center and Enterprise Funds Meeting Date: December 9, 2019 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Shorewood Community & Event Center 2020 Budget Enterprise Funds 2020 Budgets Please find attached for your approval the recommended 2020 budgets for the Shorewood Community & Event Center and enterprise funds. Background: Shorewood Community & Event Center Budget: The Shorewood Community & Event Center is funded by facility rentals and annual transfers from the General Fund. For 2020, a transfer of $70,000 is scheduled to assist with operations, and a $32,300 transfer is projected to assist with building improvements. Enterprise Fund Budgets: The City maintains and budgets four enterprise funds: Water, Sewer, Storm Water, and Recycling. These funds are supported by user charges/utility fees. The budget format is one in which the enterprise full accrual accounting method is utilized. For example, depreciation expense is listed as a line item, while capital outlays are not. This format tracks the City’s annual financial reporting process to maintain comparability. An approximation of each utility enterprise fund’s change in overall cash is included (Water, Sewer, and Storm Water). Financial or Budget Considerations: The adoption of these budgets does not limit the City Council’s ability to modify spending priorities or authorizations throughout the year. Options: The City Council may choose to: 1.Approve the resolution adopting the 2020 budgets for the Shorewood Community & Event Center and Enterprise funds as presented; 2.Make additional changes and adopt the amended budgets. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Recommendation / Action Requested: Staff recommends that the City Council adopt the budgets resolution as submitted by staff. Next Steps: City staff will implement the 2020 budgets as authorized. CITY OF SHOREWOOD RESOLUTION NO. 19-122 ADOPTING THE 2020 SHOREWOOD COMMUNITY & EVENT CENTER BUDGET AND 2020 ENTERPRISE FUND BUDGETS WHEREAS , City staff have presented the preliminary 2020 budgets at meetings through December, 2019; and WHEREAS , the City Council has reviewed the budgets and made modifications to each that reflect desired community service levels; and WHEREAS , these budgets represent a reasonable estimate of what needs to be spent to provide the desired service level; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS : 1.The Shorewood Community & Event Center budget is hereby adopted as presented. 2.The Water, Sewer, Storm Water, and Recycling budgets are hereby adopted as presented. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of December, 2019. ATTESTScott Zerby, Mayor : __________________________________ Sandie Thone, City Clerk