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02-24-20 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 24, 2020 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 Work Session Minutes from February 10, 2020 Minutes B. City Council Regular Meeting Minutes from February 10, 2020 Minutes C. Approval of the Verified Claims List Claims List D. Planning Commission Appointment City Clerk/HR Director Memo Resolution 20-015 E. Park Commission Appointment City Clerk/HR Director Memo Resolution 20-016 F. Approval of Davey Tree Contract City Administrator Memo Resolution 20-017 G. Approval of Eddy Station Concession Agreement Parks and Recreation Director Memo H. Accept Resignation of Public Works LEO Scott Schroeder City Clerk/HR Director Memo 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report by Commissioner Hirner on 02-11-20 Parks Commission Meeting CITY COUNCIL REGULAR MEETING AGENDA – February 24, 2020 Page 2 B. Accept Quotes for painting Eddy Station Planning Director Memo Resolution 20-018 C. Accept Proposal for Professional Services and Authorize Planning Director Memo Preparation of Plans And Specifications for Badger Tennis Courts, Resolution 20-019 City Project 20-01 7. PLANNING A. Report by Commissioner Maddy on 02-04-20 Planning Commission Meeting Minutes B. Accept Proposal to Survey the Fire Lanes Planning Director Memo Resolution 20-020 8. ENGINEERING/PUBLIC WORKS A. Accept Proposal for Archeological Study for Glen Road, Amlee Road, Engineer Memo Manitou Lane Street Reconstruction and Utility Project, Resolution 20-021 City Project 18-08 9. GENERAL/NEW BUSINESS A. Approve Policy on Building Permit Refunds Planning Director Memo B. Approve Amendments to Master Fee Schedule Planning Director Memo Resolution 20-022 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Short Term Rental Housing Research Update Planning Technician Memo 2. Arborist Report Director of Public Works Memo 3. Strategic Plan City Administrator 4. Newsletter, Resident Packet, Logo Updates Communications Coordinator Memo B. Mayor and City Council 11. ADJOURN CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 10, 2020 6:00 P.M. 2A MINUTES Regular Meeting 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Administrator Lerud; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review and Adopt Agenda Mayor Zerby noted that the agenda item regarding the Western Shorewood Stormwater Plan will be moved to a future agenda. Johnson moved, Labadie seconded, approving the agenda as amended. Motion passed 4/0. 2. COMMISSIONS INTERVIEWS: Mayor Zerby stated that the Council will move to the private meeting room as is traditional for interviews. 6:00 PM: Ken Huskins – Planning Commission 6:15 PM: Marc Riedel – Planning Commission 6:30 PM: Joanne Schmid – Parks Commission 6:45 PM: David Garske – Parks Commission 3. ADJOURN Adjourn: City Council Work Session Meeting of February 10, 2020 at 6:59 P.M. Motion passed 4/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 10, 2020 7:00 P.M. 2B MINUTES Regular Meeting 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, and Siakel; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: Councilmember Sundberg B. Review Agenda Siakel moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council/Staff Retreat Minutes from January 15, 2020 B. City Council/Staff Retreat Minutes from January 16, 2020 C. City Council Work Session Minutes from January 27, 2020 D. City Council Regular Meeting Minutes from January 27, 2020 E. Approval of Verified Claims List F. Accept Donation to Arctic Fever Event from Xcel Energy, RESOLUTION NO. 20-013, “A Resolution Accepting Donations to the City of Shorewood 2020 Arctic Fever Event.” G. Authorize Mowing Contracts, RESOLUTION NO. 20-014, “A Resolution Approving Contracts for Enforcement Mowing and Authorizing Staff to Sign Contract.” Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 10, 2020 Page 2 of 3 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS - NONE 6. PARKS - NONE 7. PLANNING - NONE 8. ENGINEERING/PUBLIC WORKS - NONE 9. GENERAL/NEW BUSINESS - NONE 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Mill Street Trail Update Planning Director Darling stated that she has been attending the steering committee meetings for the Mill Street corridor. She explained that this steering committee includes the cities of Excelsior, Shorewood, and Chanhassen as well as both Hennepin and Carver Counties, and a representative of Three River Park District. She explained that the primary goal of the steering committee is to create a feasibility study for the Mill Street trail as it crosses through Excelsior to Shorewood and then into Chanhassen. She stated that the Excelsior feasibility study is nearing completion and they have more information on the potential impacts to adjacent property owners. She stated that the next step in the process is to meet with the property owners to give them a general idea on what to expect with this project. She noted that the Mill Street Trail has been moved forward to 2022 in the CIP plan and the Council will discuss this at their next Work Session meeting. She explained that there is an expectation of County financing with a fifty/fifty split for any easements or right-of-way acquisition costs. B. Mayor and City Council Councilmember Johnson stated that the Klondike Dog Derby happened this past weekend and was well attended. He stated that he hopes that they hold this event again and would like to see if there is a possibility of it being tied into Arctic Fever in the future. Mayor Zerby stated that the Council held interviews earlier this evening for Park and Planning Commission vacancies and asked if the Council wanted to discuss their opinions. Councilmember Labadie stated that she felt there were qualified and diverse candidates that applied for both the Parks Commission and Planning Commission positions. She stated that after the interviews, the Council held discussions about the appointments and is ready to make a decision. Labadie moved, seconded by Johnson to direct staff to prepare a Resolution to reappoint Marc Riedel to serve on the Planning Commission and appoint Joann Schmid to serve on the Park Commission. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 10, 2020 Page 3 of 3 City Administrator Lerud explained that there will be an official Resolution drafted for the next meeting that will appoint these individuals for terms that will begin March 1, 2020. 11. ADJOURN Labadie moved, Siakel seconded, Adjourning the City Council Regular Meeting of February 10, 2020, at 7:14 P.M. Motion passed 4/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: February 24, 2020 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. 65986-65999 & ACH 416,006.79 Total Claims $416,006.79 We have also included a payroll summary for the payroll period e February 16, 2020. 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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The Commission shall consist of five members who are current residents of Shorewood. Terms of appointment commence on March 1 and terminate on the last day of February and run for three years. Duly appointed Planning Commission members shall be required to attend no less than half the official meetings held in one year. The Planning Commission shall have the powers and duties given to city planning agencies generally by law, including authority to conduct public hearings directed by the City Council or city policy and may exercise the duties conferred upon it by Shorewood City Code Chapter 201. Background: The City Councilconducted interviews of applicants for a vacancy on the Park Commission on February 10, 2020. The City Council was impressed by both qualified candidates for the position. The Council hereby recommends the following appointment for the Term beginning March 1, 2020 and ending February 28, 2023: Marc Riedel Planning Commissioner Financial or Budget Considerations: None Action Requested: For passage of this appointment a resolution has been prepared and is attached. 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 RESOLUTION 20- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION MAKING AN APPOINTMENT TO THE SHOREWOOD PLANNING COMMISSION WHEREAS, the City of Shorewood had a vacancy on the Planning Commission for the Term March 1, 2020 through February 28, 2023; and, WHEREAS, the City advertised for applicants for the openings and received two applicants; and, WHEREAS, the applicants were interviewed by the City Council on February 10, 2020. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA that the Council makes the following appointment: Planning Commission Marc Riedel, for a term to commence on March 1, 2020 and expire February 28, 2023. th Adopted by the City Council of Shorewood, Minnesota this 24 day of February 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk Meeting Regular City of Shorewood Council Meeting Item Title/Subject: Park Commission Appointment 2E Meeting Date: Monday, February 24, 2020 MEETING Prepared by: Sandie Thone, City Clerk/HR Director TYPE Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Policy Consideration: Pursuant to Shorewood City Code Chapter 202, the Shorewood Park Commission was established and shall be advisory to the City Council. The Commission shall consist of five members who are current residents of Shorewood. Terms of appointment commence on March 1 and terminate on the last day of February and run for three years. Duly appointed Park Commission members shall be required to attend no less than half the official meetings held in one year. The purpose of the Park Commission shall be to aid the City Council in the expenditure of monies so that the greatest benefit may be obtained from the use and maintenance of the parks. Background: The City Councilconducted interviews of applicants for a vacancy on the Park Commission on February 10, 2020. The City Council was impressed by both qualified candidates for the position. The Council hereby recommends the following appointment for the Term beginning March 1, 2020 and ending February 28, 2023: Joanne Schmid Park Commissioner Financial or Budget Considerations: None Action Requested: For passage of this appointment a resolution has been prepared and is attached. 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 RESOLUTION 20- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION MAKING AN APPOINTMENT TO THE SHOREWOOD PARK COMMISSION WHEREAS, the City of Shorewood had a vacancy on the Park Commission for the Term March 1, 2020 through February 28, 2023; and, WHEREAS, the City advertised for applicants for the openings and received two applicants; and, WHEREAS, the applicants were interviewed by the City Council on February 10, 2020. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA that the Council makes the following appointment: Park Commission Joanne Schmid, for a term to commence on March 1, 2020 and expire February 28, 2023. th Adopted by the City Council of Shorewood, Minnesota this 24 day of February 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2F Title/Subject: Approve Arborist Contract with Davey Tree Meeting Date: February 24, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Tim Keane, City Attorney REGULAR Attachments: Proposal and Contract Background: The City has worked with Davey Tree Service (formerly S & S Tree) to provide arborist service to the city, including; public tree inspection, inventory and maintenance, as well as a tree inspection service for trees on private property through the city’s program. The City Attorney has reviewed the contract and all his recommended changes have been incorporated into this proposed contract. Financial or Budget Considerations: The proposed contract is for a period of one year, with two one-year extension options at the city’s discretion. The contract amounts are within the city’s approved budget for tree management. Options: Approve the contract by passing the attached Resolution or reject the contract and provide staff with alternative direction. Recommended Action: City staff believes this program is beneficial for the ongoing health and maintenance of the city’s forest and recommends approval of the contract as presented. 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 AGREEMENT Between CITY OF SHOREWOOD AND DAVEY RESOURCE GROUP, Inc., FOR THE PROVISION OF URBAN FORESTRY CONSULTING SERVICES AGREEMENT made, effective the day of ______________, 2020, by and between the City of Shorewood(hereinafter referred to as the "City of Shorewood"), a municipal corporation with its principal place of business located at 5755 Country Club Road, Shorewood, MN 55331, and Davey Resource Group, Inc. (hereinafter referred to as "DAVEY"), a company with its principss located at 295 South Water Street, Suite 300, Kent, Ohio 44240. WITNESSETH WHEREAS, DAVEY submitted a Proposal (hereinafter referred to as incorporated herein and made a part hereof by reference) dated January 2020, for the provision of said consulting services, and; WHEREAS, the City of Shorewood has awarded DAVEY the contract to provide the aforementioned consultant services, NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY COVENANT AND AGRE FOLLOWS: ARTICLE I. SCOPE OF SERVICES DAVEY agrees to provide the scope of services as outlined in theDAVEYs Proposal dated January 2020. ARTICLE II. TERM OF CONTRACT The contract period for the services contemplated by this AGREEMENT will be one (1) year commencing on February 1, 2020 and terminating on December 31, 2020. The City of Shorewood will have the option to extend the agreement for two (2) additional one (1 annual approval of DAVEYs Fee Schedule. ARTICLE III. FEES In consideration of the terms and obligations of this AGREEMENT,City of Shorewood agrees to pay, and DAVEY agrees to accept, the following fees for the serv schedule attached as Schedule "A". DAVEY shall submit to the City of Shorewood itemized bills, properly executed claim forms, vouchers, and such other necessary information or supporting documentationCity of Shorewood in order to process payment for fees. DAVEY agrees that no additional fees will be charged to the City of Shorewood without prior written consent by the City of Shorewood. ARTICLE IV. RELATIONSHIP DAVEY is, and will function as, an independent contractor under shall not be considered an agent or employee of the City of Shorewood for any purposes. ARTICLE V. LICENSURE & CERTIFICATION DAVEY shall at all times obtain and maintain any and all licenses and certifications required by t State of Minnesota to perform the services contemplated by this AGREEMENT. ARTICLE VI. LIMITED WARRANTY The Davey Tree Expert Company, its divisions, agents, representatives, operations, or subsidiaries (collectively Davey) provides this Limited Warranty as a condi AGREEMENT between the parties, including any bids, orders, contrparties (collectively the Services). Davey provides the Services utilizing applicable standard industry pra conditions known at the point in time the Services are performed the Services may change over time. Davey cannot predict or deter the Services and will not be liable for any developments, change limited to, decay or damage by the elements, persons or implements, insect infestation, deterioratio not discoverable using the means and methods used to perform the otherwise. If a visual inspection is utilized, visual inspectionnclude aerial or subterranean inspection, testing or analysis. Davey will not be liable for the discovery -visually observable, latent, dormant or hidden conditions or hazards and does not guarantee te under all circumstances or for a specified period of time, or that remedia Davey may have reviewed publicly available or other third-party records or conducted interviews, and has assumed the genuineness of such documents and statements. Da omissions, or inaccuracies resulting from or contained in any information obtained from any third-party or publicly available source. To the extent permitted by law, Davey does not make and expressly d representations of any kind, express or implied, with respect toacy, or current nature of the information contained in the Services or the reports or findings contracted for by Davey in the agreements between the parties, i diagnosis or identifying hazards or conditions not within the scope of the Serv using applicable standard industry practices. Davey disclaims an purpose. Daveys warranty is limited to one year from the date Services are performed. Daveys liability for any claim, damage or loss, whether direct, indirect, special, co the Services shall be limited to the Services expressly contractDavey. ARTICLE VII. INDEMNIFICATION DAVEY agrees to defend, indemnify, and save harmless the City of Shorewood and its officers, employees and agents, from and against all claims, actions, caus liabilities, and expenses (including, without limitation, reason of, or in consequence of, any negligent or intentional act or omission of DAVEY in performance of the Services agreed upon in this AGREEMENT to the extent of its or their responsibility for such claims, ac action, injuries, damages, losses, liabilities, and expenses. ARTICLE VIII. INSURANCE DAVEY shall procure and maintain throughout the term of this AGR expense to the City of Shorewood the following insurance coverage: a.Workers' Compensation and Employer's Liability Insurance: A policy or policies providing protection for employees in the event of job-related injuries. b.General Liability Insurance: A policy or policies of comprehensi limits of not less than $2,000,000. c.Professional Liability Insurance: A policy or policies with limits of not less professional liability insurance must be issued by an insurer li Minnesota. Each policy of insurance required shall be in form and content satisfactory to the City Attorney, and shall provide that: a.The City of Shorewood is named as an additional named insured. b.The insurance policies shall be automatically renewed upon expir and continued in force unless the City of Shorewood City Attorney's Office is given sixty (60) days written notice to the contrary. No work shall be commenced under the AGREEMENT until DAVEY has delivered to the City Attorney or his designee proof of issuance of all policies of insurance requAGREEMENT to be procured by DAVEY. If at any time, any of said policies shall be or become uCity of Shorewood, DAVEY shall promptly obtain a new policy and submit proof of insurance of the same to the City of Shorewood for approval. Upon failure of DAVEY to furnish, deliver and main AGREEMENT may, at the election of the City of Shorewood, be forthwith declared suspended, discontinued or terminated. Failure of DAVEY to procure and maintain any requ from any liability under the AGREEMENT, nor shall the insurance requirements be constructed to conflic the obligations of DAVEY concerning indemnification. ARTICLE IX. TERMINATION OF AGREEMENT Notwithstanding any provisions of this AGREEMENT, the City of Shorewood shall have the right at any time, with or without cause, to terminate this AGREEMENT and the Services contemplated by this AGREEMENT upon thirty (30) days written notice of such termination. In the AGREEMENT, the contract term set forth in Article II shall be changed accordingly and DA entitled to compensation for all services theretofore authorizedGREEMENT in accordance with Article III of this AGREEMENT. ARTICLE X. MODIFICATIONS This AGREEMENT may only be modified by a formal written amendmenCity of Shorewood and DAVEY. ARTICLE XI. PARTIAL INVALIDITY If any term, part, provision, section, subdivision, or paragraph unconstitutional, invalid, or ineffective, in whole or in part, the remaining terms, parts, provisions, sections, subdivisions, ARTICLE XII. CONTRACT DOCUMENTS It is understood and agreed by the parties hereto that the following documents ar form part of this AGREEMENT: i.DAVEY's Proposal dated January 28, 2020. In the event of any discrepancy, disagreement, or ambiguity amonreferenced above, said documents shall be given preference in the following order disagreement, or ambiguity: i.This AGREEMENT; ii.DAVEY's Proposal dated January 28, 2020. ARTICLE XIII. NOTICES All notices required under this AGREEMENT shall be in writing an-delivered or properly mailed by certified mail, return receipt requested, to the addre Davey Resource Group, Inc. Davey Resource Group, Inc. Joe Gregory, Regional Operations Manager Gail Nozal, Area Manager 295 South Water Street, Suite 300 7085 Shady Oak Road Kent, Ohio 44240 Eden Prairie, MN 55344 City of Shorewood Attn: City Administrator 5755 Country Club Road Shorewood, MN 55331 ARTICLE XIV. GOVERNING LAW This AGREEMENT shall be governed by and construed according to tMinnesota. IN WITNESS WHEREOF, the parties hereto hereby execute this AGREE the day and year first written above. The City of ShorewoodDavey Resource Group, Inc. Signature: Signature: Title: Title: Regional Operations Manager Printed Name:Printed Name: Joe Gregory Date: Date: SCHEDULE A The following are 2020 hourly rates that may be used for this work. The City will be provided an adjusted rate sheet annually for review and approval. Gail Nozal $86.00/hr ISA Certified Arborists for Consulting $86.00/hr Tree Crew rate per person including equipment $110.00/hr Emerald Ash Borer Injections $9/diameter inch Mileage within city limits for consulting $0.575/mi (federal standard rate 1/1/2020) Other DRG staff Variable Supplies or materials Cost CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20- A RESOLUTION APPROVING A CONTRACT WITH DAVEY RESOURCE GROUP FOR URBAN FORESTRY AND CONSULTING SERVICES WHEREAS, the City of Shroewood has worked with Davey Resource Group for four years to inventory and maintain the city’s public trees and forest, and provide consulting services; and WHEREAS, the City desires to continue to receive these services for the ongoing management of the city’s trees, NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Approves the Agreement between the City of Shorewood and Davey Resource Group, Inc. for the Provision of Urban Forestry Consulting Services. 2. The Mayor and City Administrator are authorized to sign the contract and other documents necessary to ensure execution of the agreement. th Adopted by the City Council of Shorewood, Minnesota this 24 day of February, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk #2G MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: 2020 Concession Operation Agreement Meeting Date: February 24, 2020 Prepared by: Twila Grout – Park and Rec Director Reviewed by: Marie Darling – Planning Director Attachments: 2020 Concession Operation Agreement Background / Previous Action At the February 11, 2020 meeting, the Parks Commission reviewed the agreement with Russ Withum to provide concession services at Freeman Park, Eddy Station in 2020 and unanimously recommended adoption of the agreement. The concession stand would be open everyday from 3:30 to 8:30 p.m. beginning about May 1 through August 1 (or when the sports organizations have concluded their activities). Mr. Withum has provided concession services since 2005. He has done a very good job with the concession services over the years, and has always been willing to open up for other events. Financial or Budget Considerations: The contractor has agreed to pay the city $394 for the 2020 season. Payment would be due September 30, 2020. A copy of the agreement is attached. Recommendation / Action Requested: The Parks Commission and staff recommends the City Council approve the agreement and authorize staff to execute it on behalf of the City. 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 Independent Contractor 2020 Concession Operation Agreement By and Between City of Shorewood and Contractor THIS AGREEMENT , made this ___ day of __________, by and between the City of Shorewood, Minnesota, a Minnesota municipal corporation with its offices located at 5755 Country Club Road, Shorewood, Minnesota 55331 (the "City") and Russ Withum, 4924 Three Points Blvd., Mound, MN 55364 (the “Contractor”) REClTALS WHEREAS , the City is engaged in the business of providing municipal services including park and recreation opportunities within the corporate limits of the City. The City has constructed a concession/restroom/picnic facility in Freeman Park within the City known as Eddy Station; and WHEREAS , the City desires to provide concession services to the patrons of Freeman Park through the facility of Eddy Station; and WHEREAS , the City further desires to enter in to an agreement with the Contractor for the operation and provision of concession services. NOW, THEREFORE , the parties agree as follows: 1.) Schedule of Operation. Contractor agrees to provide concession services Monday through Sunday, from 5:30 to 8:30 p.m., commencing on or about May 1 or whenever the first organized sports events begin. Concession operations will continue through August 1, or whenever Freeman Park ceases its summer use by MGSA, Adult Softball and Tonka United Soccer. Contractor agrees to coordinate operations with the Park Scheduling Coordinator. 2.) Contractor Responsibilities. a.) Contractor agrees to be present each day for opening, training of sales volunteers, and all duties involved with closing the operation at the end of the day. Contractor agrees that if for any reason he is not able to be present for any period of time, while the concession operation is open, he will be available by pager or cell phone for immediate assistance at the site. b.) Contractor agrees to be responsible for the cleaning and maintenance of the concession area. 3.) Contractor Payment. The Contractor agrees to pay the City $394 for the year 2019. Payment due to the City by September 30, 2020. 4.) Purchasing. The Contractor agrees to purchase the necessary products and supplies associated with concession sales at Eddy Station. 5.) Equipment. The City agrees to provide the hot dog machine, popcorn machine, cash register, pop cooler, refrigerator and coffee machine. 6.) Termination. Either party may terminate this Agreement, without cause or reason, upon thirty (30) days' written notice to the other party. Either party may terminate this Agreement without notice for cause. "Cause" includes, but is not limited to, dishonesty, failure to meet deadlines, criminal conduct, or breach of this Agreement. 7.) Status of Contractor. As intended by both parties, this Agreement calls for the performance of the services of Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. a.) The manner and means of performance of Contractor shall be entirely at Contractor's discretion. Contractor is free to employ personnel to assist Contractor in providing services to the City, but such employees shall be Contractor's responsibility and not that of the City. The City shall not provide Contractor or Contractor's employees or agents with any benefits from the City such as workers compensation insurance, unemployment insurance, health insurance, income tax withholding, or social security contributions. The City does not control the performance of Contractor and Contractor accepts all risk of profit and loss flowing from the services provided under this Agreement. All expenses must be borne by Contractor and shall not be reimbursed by the City. Those expenses include furnishing Contractor's place of work, payroll expenses, taxes, and insurance. b.) Contractor shall conspicuously identify himself to all persons and organizations as an independent contractor and shall not represent or imply that this Agreement authorizes Contractor to act as an agent for, or on behalf of, the City. Neither the City nor Contractor shall be responsible for any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of Contractor's business or caused by Contractor's actions, failure to act, conduct or negligence. 8.) Indemnification. Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from Contractor's actions, failure to act, conduct, or negligence while performing services pursuant to this Agreement unless such damage or liability arises from or in connection with faulty or defective materials or facilities provided by the City. Contractor agrees to carry Commercial liability insurance in the amount of $1,000,000. 9.) Entire Agreement. This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements between the parties relating to the subject matter of this Agreement. All agreements as to payments to be made to Contractor for particular projects must be in writing. 10.) Severable. In the event any portion of this Agreement shall be held to be invalid the remainder of the Agreement shall continue in full force and effect. 11.) Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if it is in writing and sent by registered or certified mail to Contractor's residence or to the principal office of the City, which ever shall be applicable. 12.) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SHOREWOOD CONTRACTOR By:_______________________________ By:___________________________________ Its:_______________________________ Its:____________________________ City of Shorewood Council Meeting Item 2H Title/Subject: Accept Resignation for Scott Schroeder Meeting Date: Monday, February 24, 2020 MEETING Prepared by: Sandie Thone, City Clerk/HR Director TYPE Regular Background: Public Works LEO Scott Schroeder has submitted his resignation effective Tuesday, February 25, 2020. In his formal resignation, Scott explained that he has accepted a position with the City of St. Peter to be the new Maintenance Superintendent. Scott began his employment with Shorewood on March 19, 2018 as a Light Equipment Operator with the Public Work’s Department. Scott has been an exemplary employee always meeting or exceeding all expectations for him in his position. In addition, Scott brought an infectious positive spirit, an ability to bring the team together, and offered many ideas on how to improve the department. In a holiday initiative in December of 2019 Fun Employee Awards Scott was voted Best Difference Maker by Shorewood employees. He will be missed. We wish him the best in his new position! Action Requested: Staff respectfully recommends the city council accept the resignation of Scott Schroeder, effective February 25, 2020. Motion, second and simple majority vote required. 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 #6B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Quote for Painting Eddy Station and Authorize Project Location: Freeman Park (Eddy Station) Meeting Date: February 24, 2020 Prepared by: Marie Darling, Planning Director Attachments: Bids from Local Painters Resolution Accepting Quote Background: Eddy Station is in need of painting this year and was mentioned as an issue during last years’ Parks Commission tour of park facilities. The City has requested professional estimates from several companies and received three bids to prep and paint the structure, plus provide a new coat of stain for the natural wood portions of the building. The bids range from about $5,000 to $10,000. Staff recommends accepting the lowest quote from JMJ Painters, for two coats of paint on the building and stain for about $6,200. That quote includes both a three percent reduction for cash/check payment and an estimate for materials. All three bids are attached. Financial or Budget Considerations: The City’s maintenance budget for park buildings is $7,000, leaving a little cushion for other small maintenance items that may be needed this year. Recommendation / Action Requested: Staff recommends acceptance of the proposal from JMJ Painters and authorize staff to enter into an agreement with them to paint Eddy Station. Action on the item requires a simple majority of City Council. Next Steps and Timelines: Staff would work with the painters to provide a schedule for the project. 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\Freeman Park\Eddy Station\2020 Painting Project\CAF accept painting quote.docx Painting Contractors 5960 Red Cherry Ln Minnetonka, MN 55345 Cell:612.990.8423 daddyo3339@gmail.com www.superior-painting.com Date: 1/13/2020 Customer: City of Shorewood Street: 5755 Country Club Rd. Phone: City: Shorewood State: MN Zip: 55331 We hereby submit specifications for: Eddy Station @ Freeman Park: Exterior 1). Power wash all of exterior. 2). Scrape, sand, caulk, and prime all areas as needed. 3). Paint siding, soffits, fascia, doors plus trim, louver vent, windows plus trim, 6 posts, and 2 green beams in 2 coats. Total price includes materials$5,145.00 Extra: Not included in above total 1). Apply 1 coat of oil primer and 2 coats of finish on stained ceiling over eating area on building. Includes materials.$2,520.00 We hereby propose to furnish Labor in complete accordance with above specifications For the sum of See above costs Dollars ($ n/a ) No Material costs are included unless specified Payment to be made as follows ½ down payment, balance on completion. All labor is guaranteed to be as specified. All work to be completed in a workmanlike manner Robert T. Edmondson according to standard practices. Any alteration or deviation from the above specifications involving Authorized Signature extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner of work site to carry fire, tornado and other necessary insurance. Note: this proposal may be withdrawn if not accepted within 30 days. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. Signature Payment will be made as outlined above. Date of Acceptance Signature RESOLUTION NO. 2020- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION ACCEPTING A QUOTE TO PAINT EDDY STATION AT FREEMAN PARK WHEREAS , the City of Shorewood (“City”) desires to repaint Eddy Station at Freeman Park; and WHEREAS , the City has received three quotes to provide painting services for Eddy Station; and WHEREAS , the City reviewed a quote from JMJ Painters for $5,301.27 plus materials and less a three percent discount and the quote was the lowest received quote. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood hereby accepts the submitted estimate of $5,301.27 plus materials and less a discount for painting Eddy Station at Freeman Park, and, BE IT FURTHER RESOLVED that staff be hereby authorized to execute the quote with JMJ Painters for the professional services outlined in the proposal, and, ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of February, 2020. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk #6C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Proposal for Professional Services and Authorize Preparation of Plans and Specifications Location: Badger Park (Tennis Courts) Meeting Date: February 14, 2020 Prepared by: Marie Darling, Planning Director Attachments: Bolton and Menk Proposal Resolution Accepting Proposal Background: The Badger Park tennis court project is in the CIP for completion this year. The City has requested a professional services proposal from Bolton and Menk to complete plans for the project and provide construction management to complete the project. The proposal professional services include the following: 1.Existing conditions/topographic surveying 2.Wetland Delineation/Watershed Permitted (as needed) 3.Meetings with staff and Watershed (as needed) 4.Preparation of Plans, specifications, bid administration 5.Construction management/observation and administration The proposal for the scope of work is to be billed at an hourly rate and estimated at $54,000. They also submitted a pre-design project estimate of $216,033. Financial or Budget Considerations: The combined scope of the professional services and pre-design project estimate is under the $300,000 estimate included in the CIP. All funds for this project would come from Fund 402. Recommendation / Action Requested: Staff recommends acceptance of the proposal from Bolton and Menk and authorize staff to enter into an agreement with Bolton and Menk to provide the professional services listed above. Action on the item requires a simple majority of City Council. Next Steps and Timelines: The City would work with the Bolton and Menk to complete the plans, bid the project and provide a schedule for the reconstruction of the tennis courts. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\Parks\Badger Park\2020 Tennis Court Rehab Project\CAF accept professional services.docx RESOLUTION NO. 2020- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION ACCEPTING A PROFESSIONAL SERVICES PROPOSAL WITH BOLTON AND MENK FOR BADGER PARK TENNIS COURT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS CITY PROJECT 2020-01 WHEREAS , the City of Shorewood (“City”) desires to redevelop Badger Park playground; and WHEREAS , the City must enter into a professional services agreement to complete the final design and construction plans and provide construction management and observation through completion; and WHEREAS , the City reviewed a proposal for professional services from Bolton and Menk. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood hereby accepts the submitted estimate of $54,000 for professional services for the redevelopment of the Badger Park tennis court, and, BE IT FURTHER RESOLVED that staff be hereby authorized to execute an agreement with Bolton and Menk for the professional services outlined in the proposal, and, BE IT FURTHER RESOLVED and that Bolton and Menk are authorized to begin preparation of plans and specifications for the Badger Park tennis court project. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of February, 2020. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk 7A CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, FEBRUARY 4, 2020 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; and, Council Liaison Labadie Absent: None 1. APPROVAL OF AGENDA Riedel moved, Gault seconded, approving the agenda for February 4, 2020, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  January 7, 2020 Eggenberger moved, Riedel seconded, approving the Planning Commission Meeting Minutes of January 7, 2020, as presented. Motion passed 5/0. 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – MATTHEW SAYER – PRELIMINARY PLAT AND LOT WIDTH AND AREA VARIANCES Applicant: Sathre-Bergquist Location: 20325 Excelsior Boulevard Planning Director Darling noted that this application had been missing information. She noted that it had been recently submitted to finalize their application. She noted that this item should be ready for the public meeting in March and asked that Commission to open the public hearing and continue it to March 17, 2020. Chair Maddy opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing. There being no comment, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:05 P.M. CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 4, 2020 Page 2 of 5 Riedel moved, Gault seconded, to Continuing the Public Hearing for Preliminary Plat, Lot Width, and Area Variances for Sathre-Bergquist at 20325 Excelsior Boulevard to March 17, 2020. Motion passed 5/0. 4. OTHER BUSINESS A. Zoning Ordinances Amendment (Continued) Chair Maddy explained that the Commission had begun discussing the proposed zoning code amendments at the last meeting. He stated that there is a total of about 60 amendments being considered. He noted that there appeared to be people in the audience here to discuss the holiday lighting ordinance and suggested that the Commission begin with that one in order to be respectful of everyone’s time. Planning Director Darling gave an overview of the ongoing complaints about bright Christmas lights placed around the community. She reviewed the suggested change to the nuisance code affecting peace and safety. She stated that there are 20 nuisances listed in section 501 currently and if the Commission recommends regulations on holiday lights, this may be the location to include those regulations. She stated that staff is recommending that it be changed to say that they cannot be illuminated between 11:00 p.m. and 7:00 a.m. Commissioner Gault stated that he would suggest changing the word “use” to “illumination”. Commissioner Eggenberger stated that he thinks the proposed time is acceptable but would suggest the wording be changed to say “holiday and festive” lights. Commissioner Riedel stated that the term holiday is not defined. He asked that if somebody puts lighting on a tree whether that constitutes holiday lighting. He stated that there are some gray areas in the code that may need some clarification. He stated that he would also propose that the City have a threshold of lumens below which there is no requirement that they must be turned off at night. Chair Maddy asked Planning Director Darling to clarify why this is in the nuisance section and not the lighting section of the City Code. Planning Director Darling stated that zoning regulations are not retroactive, which is why seasonal or holiday lighting may fit into the nuisance section rather than lighting. Commissioner Gault suggested not specifically calling out holiday lighting, but instead say that any kind of lighting that exceeds the allowances will be considered a nuisance violation between the hours of 11:00 p.m. and 7:00 a.m. Commissioner Riedel stated that holiday lights are temporary so none of them would be grandfathered in and noted that he does not think there will be any lights that fall under that category. Commissioner Gault clarified that he feels the City already has regulations about how much light can spill onto a neighbor’s property and feels that should apply whether it is holiday lighting or other lighting. Commissioner Riedel stated that in his opinion, as it is written seems to be a bit of an overreach. He stated that he is in favor of this change but would like there to be some provision made for the brightness, so the City is not forcing people with dimmer displays to turn them off every night. CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 4, 2020 Page 3 of 5 Chair Maddy stated that it may simply be a case of encouraging people to use a timer for their lights. He asked where the hours of 11:00 p.m. to 7:00 a.m. came from and if it was from nearby cities. Planning Director Darling noted that very few cities have the language written up with a turn off at a specific hour. Chair Maddy asked about the number of complaints received and noted that he also feels this may be a bit of an intrusion. He asked about complaints regarding people leaving their patio or garage lights on and whether those were received more frequently than complaints about holiday lights. Commissioner Riedel reiterated that as this ordinance, as written, it is saying that all holiday lights, even if it meets the lumens and light spillage thresholds, need to be turned off between 11:00 p.m. and 7:00 a.m. Planning Director Darling reviewed the lumens and foot candle limits for residential and commercial properties. Chair Maddy noted that he feels this will be very tough to enforce. Commissioner Riedel suggested that all the lighting requirements and restrictions be cut in half at 11:00 p.m. for temporary or holiday lighting. Chair Maddy stated that he thinks that change would be even harder to regulate and suggested that it be dropped entirely and let the remaining lighting regulations stand. Commissioner Gorham stated that he wonders if this issue should be more of an education on light conservation than the City imposing restrictions. Commissioner Riedel stated that he doesn’t think it is necessarily the job of the City to enforce this type of conservation measure. Chair Maddy stated that he would open the discussion on this item to members of the audience to give them feedback. Mary Beth Knopeck, stated that she has lived in Shorewood for 51 years and noted that she currently resides at Shorewood Landing but clarified that she was not here representing Shorewood Landing. She stated that she would like to see the numbers associated with this issue such as the number of residents affected and the police hours spent dealing with these complaints. She stated that if there are a minimal number of residents complaining she would suggest having them put up blinds and not wasting police and taxpayer dollars on this issue. She stated that this is a vast issue but thinks it has a simple solution that won’t waste police time or time in the City changing the rules. Charles Eng, stated that he is here to show that their lights are within the limits stated in the City Code. He stated that the person who complained is not present tonight but reiterated that their lighting is well within the limits set by the City. Nina Stark, 6000 Chaska Road, stated that she has lived in the Excelsior area for almost 90 years and the move to Shorewood Landing has been a gift. She stated that she believes they have CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 4, 2020 Page 4 of 5 been good neighbors and outlined some of the fundraising events that they have held for the fire and police departments in addition to Toys for Tots. Gordon Cleveland, Environmental Services Director, Shorewood Landing, stated that he doesn’t think there is any chance that their holiday lighting will spill over beyond their parking lot lighting. Commissioner Eggenberger asked the Shorewood Landing residents if they turned their lights off at 11:00 p.m. or left them on all night. Mr. Cleveland stated that Shorewood Landing used to leave their lights on all night but they turned them off around midnight for the last week they had them installed. Chair Maddy noted that the Commission is trying to speak broadly to an issue and not just specifically Shorewood Landings. The Consensus of the Commission was that subdivision 20 restricting the use of holiday lights between 11:00 p.m. and 7:00 a.m. be removed. Commissioner Riedel suggested that the Commission revisit this issue in one year to see how many issues arose. The Commission discuss the proposed amendments, as presented, and proposed minor changes, for items #45-#56. The Commission discussed the subdivision regulations #1-#4. Chair Maddy thanked Planning Director Darling for all her work on these updates. Planning Director Darling asked if the Commission would like one more look at all the recommended changes from both the January and February meetings, before it is scheduled for a Public Hearing. There was a Consensus of the Commission to take one more look at the Zoning amendments before scheduling a Public Hearing. Planning Director Darling stated that she will put this on the March agenda under Other Business for final discussion before a Public Hearing is scheduled. 5. MATTERS FROM THE FLOOR 6. REPORTS • Liaison to Council Council Liaison Labadie reported on matters considered and actions taken during Council’s January 27, 2020, meeting (as detailed in the minutes for that meeting). • Draft next meeting agenda Planning Director Darling noted that next month will have a fairly heavy agenda. She stated that there will be the Preliminary Plat with variances discussed earlier tonight, one or two minor subdivisions, a variance to redevelop a substandard lot, and a front setback variance. • Report from Chair Maddy on Sensible Land Use Coalition CITY OF SHOREWOOD PLANNING COMMISSION MEETING February 4, 2020 Page 5 of 5 Chair Maddy gave an overview on the Sensible Land Use Coalition presentation he attended regarding sustainability and land use planning. 7. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of February 4, 2020, at 8:59 P.M. Motion passed 5/0. #7B MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Accept Proposal to Survey the Fire Lanes Meeting Date: February 24, 2020 Prepared By: Marie Darling, Planning Director Attachments: Proposal from Bolton and Menk Resolution Background: The next step in studying the uses allowed in the Fire Lanes is to have the Council and Planning and Parks Commission visit each fire lane and determine the appropriateness of the allowed uses in each. Prior to the visit, staff must ascertain the exact location of the property lines to make sure that the City does not inadvertently trespass on private property. Both Commissions are setting aside time in April for this project. Staff requested a proposal for surveying from the City’s consulting engineering firm (Bolton and Menk) and the proposal was submitted in the range of $10,800 to $12,100 depending on the complications in the field. This proposal is similar to a proposal submitted about a year ago from WSB for the same work ($13,800). Recommended Action: Staff recommends accepting the proposal from Bolton and Menk in the range of $10,800-12,100. Action on this item requires a simple majority of Council members. Next Steps and Timeline: Staff will work with the survey crews to alert the adjacent property owners and schedule the work to be completed. 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 February 7, 2020 Marie Darling City of Shorewood - Planning Director 5755 Country Club Road Shorewood, MN 55331 RE: City of Shorewood Survey for Fire Lane Locations Dear Mrs. Darling: Bolton & Menk, Inc. is pleased to submit this proposal for survey services to stake the locations of ten (10) fire lanes identified within the City of Shorewood. It is our understanding that the proposed scope of services, assumptions, schedule and budget to complete these services is as follows: The scope of services will be to locate the approximate right-of-way on the ground, as dedicated and/or established, for the fire lanes referenced herein. A typical sequence of events to accomplish this will include office preparation of preliminary boundary or right-of-way point locations and field reconaissance for and location of existing monumentation found, if any, to help determine said right-of-way. The fire lane locations will be defined on the ground, in an approximate way, with wooden lathe and survey flagging for viewing purposes. Proposed Fire Lane locations: 1. Enchanted Point 2. Maple Lane 3. Grant Lorenz Road 4. 3rd Street 5. Eureka Road 6. Birch Bluff Road- Crescent Beach 7. Lake William -Outlot A, FERNCROFT 8. Lake William -Glen Grove Path, MINNETONKA MANOR 9. Lake William -Shady Lane, MINNETONKA MANOR Lake William- Rustic Way, 10. MINNETONKA MANOR Potential encroachments identified as a result of this survey, if any, will not be located as part of this scope of services. Preparation of a Certificate of Survey and setting of permanent monumentation are not part of this scope of services. If cursory reconnaissance efforts for pertinent right-of-waymonumentation are unsuccessful, additional field time may be required (approx. 1 hour per site) to recover adjacent property monumentation to aid in lane determination. Name: City of Shorewood Fire Lanes Date: February 7, 2020 Page: 2 The City will provide notice to residents prior to field survey. Bolton & Menk will perform this work with the intent of completing on or before April 3, 2020. We propose to perform the land surveying services referenced herein on an hourly basis with a budgetary range of $10,800 $12,100. for travel to & from siteand/or mileage, supplies, survey stakes or equipment. Thank you for the opportunity to submit this proposal. Respectfully submitted, Andrew Budde, P.E. Principal Engineer RESOLUTION NO. 2020- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION ACCEPTING A PROPOSAL FOR SURVEYING SERVICES TO IDENTIFY THE LOCATION OF THE FIRE LANES WHEREAS , the City of Shorewood (“City”) requested a proposal from the Bolton and Menk for surveying the Fire Lanes adjacent to Lake Minnetonka and Lake William; and WHEREAS , the project is below the threshold necessitating competitive public bidding; and, WHEREAS, the City Council reviewed the proposal at a public meeting on February 24, 2020. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood, Minnesota hereby accepts the proposal for services as identified below: 1. The proposal from Bolton and Menk in the amount of $10,800-$12,100, assuming about an hour of surveying for each fire lane. 2. Staff are hereby authorized and directed to sign the proposal with Bolton and Menk for and on behalf of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of February, 2020. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 8A Title/Subject: Accept Proposal for Archeological Study for Glen Rd, Amlee Rd, Manitou Ln Street Reconstruction and MEETING Utility Project, City Project 18-08 TYPE Meeting Date: Monday, February 24, 2020 Regular Meeting Prepared by: Andrew Budde, City Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Proposal and Resolution Background: Improvements for Glen Road, Amlee Road, and Manitou Lane are identified in the Capital Improvements Plan (CIP) in 2021. The proposed project is subject to review under Minnesota Statue 307.08: Burial Sites Act and Statute 138: Field Archeology and Historic Sites Act. It is know that there are significant cultural resources within one mile proximity of the anticipated project boundaries and has been identified and summarized in a report prepared by Blondo Consulting dated August 20, 2019. This report was a Phase 1A Cultural Resources review and concluded that additional cultural resources review was needed. Specifically additional review of both the known burial mounds and the Peter Gideon Farmhouse should be reviewed and plans to mitigate any potential adverse effects should be completed prior to any ground disturbing activity. Bolton & Menk will use all the information that was previously prepared and will proceed with completing a Phase 1B review and report. This process will map the known cultural resources. The team will then review the proposed project impacts to the mapped cultural resources and develop a plan that will mitigate any potential impacts. City staff will be engaged during this phase of the study as the results of the cultural resource mapping and field evaluations could start to impact the scope and design elements of the proposed roadway and utility project. Financial Considerations: Costs for this work have been budgeted for and will be paid for from the City’s Capital Improvement Plans for Roadways in 2020. Recommendation/Action Requested: Staff recommends the city council approve the proposal with Bolton & Menk for archeological study for Glen Rd, Amlee Rd, and Manitou Ln. Motion, second and Simple Majority required. 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 Connection to Vision/Mission : Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-xxx A RESOLUTION TO ACCEPT PROPOSAL FOR ARCHEOLOGICAL STUDY FOR GLEN ROAD, AMLEE ROAD, MANITOU LANE STREET RECONSTRUCTION AND UTILITY PROJECT CITY PROJECT 18-08 WHEREAS, the current street Capital Improvement Plan (CIP) identifies improvements along Glen Road, Amlee Road, and Manitou Lane Project in 2021; and WHEREAS, staff has solicited a proposal from Bolton & Menk for preparation of a an Archeological Study 1B for Glen Road, Amlee Road, and Manitou Lane Project; and WHEREAS, the Director of Public Works has reviewed said proposal and found it to be . in order NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota accepts the proposal by Bolton & Menk for an Archeological Study for Glen Road, Amlee Road, Manitou Lane Street Reconstruction and Utility Project. th Passed by the City Council of Shorewood, Minnesota this 24 day of February 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk Based on this research and a review of the permit process, the City of Shorewood is not capturing enough of the refunded permit to cover the costs of administering the permit. Processing the application and a refund involves five separate staff people in the building, planning, administration and finance departments. The attached policy divides the fees into three categories: nonrefundable, pass-through charges, and those eligible for refund. Of those eligible for refund, smaller permits would be refunded at 50 percent of the total, while larger fees would be refunded at 80 percent. Additionally, pass-through charges would only be refunded if the reports and fees have not been submitted to the governing agency. Examples of how much money would be refunded are below: Refunded Fees (request within 60 days Permit for: Original Cost and pass-through charges have not been submitted to another agency) Door Replacement $75 plus $1 state surcharge $0 Remodel $265.25 plus $8 state surcharge $132.63 (50%) plus $8 = $140.63 $3,205.75 (Building Permit) $2,564.60 (80%) (Permit) $2,083.74 (Plan Review) $0 (100%)(Plan Review) $247.50 (State Surcharge) $247.50 (100%)(State Surcharge) New Home ($495,000) $2,485.00 (MCES SAC) $2,485.00 (100%)(MCES SAC) $210.00 (utility permits) $168.00 (80%) (utility permits) $8,231.99 (total) $5,465.10 (total refund) Financial or Budget Considerations: The policy is proposed to create a self-sustaining building permit process. Recommendation/Action Requested: Staff recommends approval of the attached policy for building permit fee refunds. As always, the City Council has the option to change any aspect of the policy or reject it. Action on the item requires a simple majority vote. Next Steps: If approved, the policy would become effective April 1, 2010. Staff would include a copy of the refund policy with all permits issued from February 25th through the end of June and put a copy on the website. BUILDING PERMIT FEE REFUND POLICY PURPOSE The City of Shorewood recognizes that some refunds of building permit fees may be appropriate but the City must balance those requests with the need to protect the community against subsidizing the cost of processing building permits and refunds. This policy sets forth the conditions under which fees paid for building permits may be refunded. DEFINITIONS The following definitions shall apply: Building permit: any zoning permit and any permit issued under the authorization of the State Building Code, including, but not limited to, building, mechanical, plumbing, sign, water and sewer, and grading. Pass-through charges: any fee that is collected by the City of Shorewood and sent to another governmental agency, including but not limited to surcharge fees and sewer availability charges (SAC). Plan review fee: a fee that is collected by the City of Shorewood to pay for the cost of the building, planning, engineering and legal staff to review a specific project. GUIDELINES 1.The following fees shall be non-refundable:  Fees for building permits that were and paid for 60 days or more in the past  Fees for building permits where any work has been completed or any inspections have been conducted  Fees collected for plan review  Fees for building permits that are less than $80 2.Pass-through charges shall be refundable only if the fee or monthly/quarterly report has not been sent to the applicable government agency. If neither the fee nor the report has been submitted, the fee may be refunded in its entirety. 3.Eligible fees shall be refunded as follows:  If the original building permit fee was at least $80 but not more than $500, 50 percent of the fee shall be refunded  If the original building permit fee was over $500, 80 percent of the fee shall be refunded This policy shall become effective April 1, 2020 Policy adopted on February 24, 2020 Next Steps: If approved, the fee increase would be effective the date of approval and Badger Park picnic shelter could be rented out once the playground is finished. Rental forms would be amended to include Badger Park as another facility. Staff would include the amended reinspection fee in all rental licensing information passed out, within the Master Fee Schedule and with the permit information on the website. #5A CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us To: Park Commission From: Twila Grout – Park and Rec Director Reviewed by: Marie Darling – Planning Director Date: January 14, 2020 Re: Review Park Fees and Usage for Picnic Shelters reviewed the income generated from park fees. The At the November 19 Park meeting, the Park Commissioners Park Commissioners directed staff to see where the revenue was going, how many people rented the shelters for 2018 and 2019 and what the total fees collected were and bring back the findings to the January meeting. Below the chart shows the number of people that rented and the fees collected for each shelter. The revenue collected from the rentals goes into the general fund. 2018 Resident Non-Resident Total Revenue Manor 6 2 $268.18 Eddy Station 3 0 $160.89 Freeman 7 0 $187.74 Silverwood 0 0 0 Totals 16 2 $616.81 2019 Resident Non-Resident Total Revenue Manor 10 1 $321.83 Eddy Station 4 1 $294.97 Freeman 3 2 $187.72 Silverwood 0 0 0 Totals 17 4 $804.52 After reviewing the above information the Park Commission will need to determine if they would like to increase the fees for the park shelters. Attachment: Review of Park Fees Memo from November 19 Park Meeting 4B CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us __________________ To: Parks Commission From: Twila Grout, Park & Rec Director Reviewed By: Marie Darling, Planning Director Meeting Date: November 19, 2019 Re: Review of Park Fees During the CIP discussion, City Council directed staff to review the park fees that are collected for park events/rentals to see if the appropriate amounts are being collected. The attached spreadsheet shows the fees for picnic shelters, athletic fields, community gardens and special events of eight other cities, and includes Shorewood’s fees. Shorewood is generally comparable to the majority of the other cities’ fees. However, the fee for shelters is lower than some of the surrounding cities. As a result, staff recommends increasing the fees for park shelters. Existing Fees Manor/Freeman/Non-Resident - $50 + Tax Resident - Silverwood $25 + tax Eddy Station Non-Resident - $75 + tax Resident - $50 + tax Proposed Fees Manor/Freeman/Eddy Non-Resident - $75 + Resident - Station/Badger Tax $50 + tax Silverwood (smaller Non-Resident - $50 + Resident - shelter) tax $25 + tax Staff will be working on an event form for rental of the park/athletic fields/tournaments in the future. Staff will consider the fees that other cities charge for these type of rentals. By producing one form for these type of events it will make it more convenient for staff and the organization renting and making sure all areas and fees are covered for such an event. Below are the present fees and will be incorporated into the event form. Existing Tournament/Rental Field and Rink Fees Soccer/Football/Baseball Fields/Rinks/Tennis Courts Damage Deposit $125 Football Field $50/hour or $210/Day Lights $30/hour Baseball Field $50/day Soccer Area $150/day Tennis Courts $5/court/hour Rinks $30/day plus attendant salary Lights $15/hour Attachment: 2019 Park Fees 5B CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us To: Parks Commission From: Marie Darling - Planning Director Meeting Date: February 11, 2020 Re: CIP Discussion Attachments: October 8, 2019 Memo Previous CIP with Mark-up Fund 402 Revenues with and without adjustment The attached CIP reflects the Commission’s direction that the following projects have priority funding for the years through 2025. Badger Park Tennis Courts Cathcart Park Playground Replacement Freeman Park Trail Overlay Silverwood Park Playground Replacement These projects total $800,000. The City will have about $650,000 through 2026 toward all parks projects, but not all of that money is available now. As a result, staff propose to push the Freeman Park trails, the Silverwood Playground and the remaining projects back a year to allow money to accumulate in Fund 402 prior to beginning the projects. By pushing the projects back one year, the CIP would be a more accurate tool to complete capital projects. Although this was part of the October discussion, staff would like to have Parks Commission input on the revisions. Please review the CIP and provide comments on the proposed changes. Funding Estimates and Sources: With each project, staff will continue to get better estimates, apply for grants and explore other options to reduce the costs associated with each project. For example, the Badger Park tennis court estimate that we are using was based on a similar sized project in Minnetrista, but we have recently been looking into projects completed by two other communities that have substantially reduced costs. Originally, staff had $350,000 as the estimate for the project, but have conservatively reduced that estimate to $300,000 based on projects in the other communities. The City Engineer is beginning the process to prepare plans and move forward on the tennis courts and will be providing more specific cost estimates as the project advances. As the Cathcart Park project moves forward, Commissioners may also want to consider another rehabilitation project instead of a full replacement to reduce the cost. Saving money on Cathcart would mean additional funds to move forward on the Freeman Trails or Silverwood playground on a quicker timeframe. RESOLUTION NO. 2020- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN AMENDMENT TO THE 2020 MASTER FEE SCHEDULE WHEREAS , the City of Shorewood and its activities as a municipality requires setting fees and charges to reimburse the city for administrative and other expenses related to the issuing of permits, licenses, renting city facilities, and other services; and WHEREAS , both 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, renting city facilities and other 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 City Council and set forth in the master fee schedule which will be adopted by resolution and uniformly enforced; and, WHEREAS , the following fees were audited for their effectiveness and the following fees have been amended as follows: TYPE OF FEE CURRENT FEE PROPOSED FEE Rental Housing Licenses Additional inspections as necessary $35 $75 Building Permit Reinspection Fee $35 $75 Picnic Pavilions $50 for No increase Add Badger Park to List at the same rate residents/$75 for as Eddy Station nonresidents (plus tax) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood hereby approves an amendment to the 2020 Master Fee Schedule. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of February, 2020. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk #10. A. 1. MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Report on Short Term Rental (STR) Policies Meeting Date: February 24, 2020 Prepared by: Katriona Molasky Reviewed by: Marie Darling Shorewood’s current STR ordinance prohibits any rentals for less than 30 days. The City Rental ordinance requires an application, with a $75 fee, to receive a rental license that is valid for three years. STR is an area that is not regulated by many municipalities. Richfield, Shakopee, Eden Prairie, Eagan, Maple Grove, Chanhassen, Minnetonka, Wayzata, Plymouth, and Excelsior do not have policies in place for short term rental. Of cities researched that do have policies on STR, three do not allow it (Edina, Mound, and Orono). Cities with STR policies/regulations expressed overall satisfaction with how they have worked, though many of the programs are new and still finding their footing. Two Harbors stated that the most staff time is spent tracking down addresses for landlords to send enforcement letters. Their policy was specifically designed to be less restrictive to limit staff time. Prior Lake has found their program very successful, serving a consistent group of property owners (10-15 annually). Their main recommendation was to require property owners to make neighboring homes aware and provide neighbors with their local representatives contact information if issues arise (something that is not in their current ordinance). Cities that have STR policies/regulations are compared in the attached table. While the Council has expressed that revisiting Shorewood’s policy on short term rental is not a priority currently, this research could aid in future policy development when/if the Council sees fit. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\Planning\Planning Files\Applications\2020 Cases\Short Term Rental\2 24 2020 Report on STR Policies.docx CityPermit Fees Expires Owner Other Unique aspects Occupancy Req. Tonka Bay $100 Every other Yes Maximum occupant determined by number of calendar bedrooms X2 (maximum of 10 overnight guests) year Guests are not allowed to host events Prior Lake $205 1 year No Limit to 5 rentals per month. No more than 3 overnight occupants Must have local respondent (within 1 hour) and post regulations on noise, parking, etc. Lakeville $100 Perpetuity Yes No more than 2 unrelated individuals within 30 (with same days owners) Burnsville $50 Calendar Yes Must notify neighbors of application Year St. Paul $40 1 year No Liability insurance required or rented through platform that provides liability insurance Only 50% of units can be short term rental, up to 4 max (for buildings with more than 1 unit) Minneapolis $0-605 1 year No If owner lives in unit and is on site, no permit is required Fees based on size of building Duluth $100 or $621 6 years Yes/No If owner not on site only 60 permits are available, a lottery is conducted regularly to award permits (these are the higher cost permits). They also require a minimum of two- night stays. Application requires site plan and landscape plan to show property is screened from neighbors Currently requires City Council approval Two $125 1 year No Requires taxes equivalent to the tourism tax on Harbors local hotels City of Shorewood Council Meeting Item Title/Subject: City newsletter, residents guide and logo update 10A.4 Meeting Date: Monday, February 24, 2020 MEETING TYPE Prepared by: Julie Moore, Communications and Recycling Coordinator REGULAR Reviewed by: Sandie Thone, City Clerk/HR Director Meeting Background: In the communication goals for 2020, an updated look to our newsletter was proposed. During the discussion, the possible updating of our city new residents guide and the city logo was discussed. Design quotes: Newsletter Newsletter would be designed as a template. Staff would continue to populate the information and do monthly newsletter layout. Design is a one-time charge. Designwrite Studios $425 Elise Kling $600-1000 Residents Guide Residents guide is being considered as a folder or a 16 to 20-page booklet with folder pages for maps, etc. Designwrite Studios $225 (folder); $200 insert booklet Elise Kling $1800 (16-page booklet estimate) Logo Designwrite Studios $600 + $65/hour revision time Elise Kling $800 Timeline: The newsletter and residents guide updates would take place within the first half of the year. The logo would be a long-term plan. If the council chose to update the city logo, we would not go to the expense of printing the current logo on print, trucks, signs, etc. We could wait until it was time to repaint and then introduce the new logo. This might take one to two years. Council Action Requested: No action but rather direction is requested. City staff has reached out to two design groups, one (Elise Kling) that we have used before and one (Designwrite Studios) that several 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 communities (including City of Victoria) have used. Although we have pricing, no design work has yet been done. Whichever design updates are desired by council, we will then go with low- bid on the design elements to request the work. Staff is looking for council direction on:  Newsletter  Residents Guide  Logo Recommendation: Staff recommends updating design of all three elements. Please review and provide direction. 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.