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02-22-21 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 22, 2021 7:00 P.M. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute §13D.02, the Shorewood City Council meetings will be held by electronic means. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Labadie___ Councilmember Siakel___ Councilmember Johnson___ Councilmember Callies___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening under a single motion. These items have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff may request that an item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of February 8, 2021 Minutes B. City Council Regular Meeting Minutes of February 8, 2021 Minutes C. Approval of the Verified Claims List Claims List D. Planning Commission Appointments City Clerk/HR Director Memo Resolution 21-018 E. Lake Minnetonka Communications Commission City Clerk/HR Director Memo Resolution 21-019 F. Approval of 2021 Concession Operation Agreement Parks and Rec Director Memo G. Approve Mayor Declaration 21-02 City Administrator Memo Resolution 21-020 H. Park Commission Appointments City Clerk/HR Director Memo Resolution 21-021 CITY COUNCIL REGULAR MEETING AGENDA Page 2 I. Approve Pond Sediment Sampling Proposal from American Engineering Engineer Memo and Testing 3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on tonight's agenda, to the attention of the mayor and council. When you are recognized, please use the raise your hand feature. Please identify yourself by your first and last name and your address for the record. After this introduction, you will be granted a maximum of three minutes to make your comments. No action will be taken by the council on this matter but the mayor or council could request that staff place this matter on a future agenda. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report by Commissioner Hirner on 02-09-21 Park Commission Meeting 7. PLANNING A. Report by Commissioner Maddy on 02-02-21 Planning Commission Meeting Minutes B. PUD Development Stage Plan and Preliminary Plat Planning Director Memo Location: North of Hwy 7 between Eureka Road and Seamans Drive Resolution 21-022 Applicant: Stoddard Companies Resolution 21-023 8. ENGINEERING/PUBLIC WORKS A. Approve Local Road Improvement Grant – Minnetonka Blvd. Engineer Memo Resolution 21-024 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Staff 1. Virtual Open Book Meeting Public Notice B. Mayor and City Council 1. Report on Councilmember Interviews 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 8, 2021 4:45 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 4:45 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, and Callies; and City Administrator Lerud. Absent: None B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote: Ayes – all. Motion passed 4/0. 2. COMMISSIONER/REPRESENTATIVE INTERVIEWS The Council interviewed the following candidates for openings for Commissioners and Representatives.  Samantha Tauer  Todd Eggenberger  Ken Huskins  Matt Gallivan  Guy Sanschagrin  Glenn Geissenger  Nathanial Gorham  James Heinz  Tom Lesser Following discussion, there was consensus to reappoint both Todd Eggenberger and Nathanial Gorham to the Planning Commission, Tom Lesser for the LMCC position, reappoint Matt Gallivan to the Park Commission and appoint Samantha Tauer to the Park Commission. 3. ADJOURN Siakel moved, Johnson seconded, Adjourning the City Council Work Session Meeting of February 8, 2021, at 6:50 P.M. Motion passed 4/0. ATTEST: Jennifer Labadie, Mayor CITY OF SHOREWOOD WORK SESSION MEETING MINUTES FEBRUARY 8, 2021 Page 2 of 2 Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 8, 2021 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, and Callies; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and City Engineer Budde Absent: None B. Review Agenda Mayor Labadie noted some corrections that had been made to some of the resolution numbers that were incorrect in the packet sent to the Council. City Administrator Lerud stated that staff has requested that item 8b. be removed from the agenda. He said after the agenda was published, we received an email from a resident pointing out that there was a discrepancy in protected trees shown on the map and the list of trees in the proposal. In addition, the amount of the entire proposal is such that the city needs to obtain multiple quotes. Staff anticipates bringing this back to the March 8 agenda for council consideration. Siakel moved, Callies seconded, approving the agenda as amended. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Johnson moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of January 25, 2021 B. City Council Regular Meeting Minutes of January 25, 2021 C. Approval of the Verified Claims List D. Approval of Tree Sale CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 2 of 9 E. Accept Proposal Lift Station Maintenance, Adopting RESOLUTION NO. 21- 013, “A Resolution Accepting Proposal from Quality Flow Systems for Annual Lift Station Inspections.” Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR Richard Eng, 25170 Glen Road, asked if the Council would be allowing public comment for items 8a, 8b and 8c. Mayor Labadie noted that those items are not listed under Public Hearing, however the Council will allow comments to be made from residents but they will be limited to a maximum of five minutes. Councilmember Siakel noted that item 8b had been removed from tonight’s agenda. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Curt Mackey, Excelsior Fire District Chief Excelsior Fire District Chief Mackey explained that they were asking for approval of a potential live burn within the City at 26245 Smithtown Road. He stated that this is a property that was purchased by the City and has gone through the proper abatement processes and has been maintained by the City. He stated that this would be a live burn through the Minnesota Department of Natural Resources burn permit process, the Minnesota Pollution Control Agency, and the Minnesota State Fire Marshal’s office. He stated that the application has already been approved by all three entities so they are now here asking for permission from the City Council. He noted that there is a letter that will be sent out to nearby residents explaining the situation. They are proposing to do the burns February 13, 2021 through March 6, 2021 only on Saturday mornings from 8:00 a.m. to 12:00 noon, but noted that they would also like to do some other training on Thursday nights during the same period of time. He stated that the other training would include things like forcible entry, search and rescue, breaching walls, and rooftop ventilation. He noted that the property would be secured after each training session. Johnson moved, Callies seconded, to approve the live burns as requested by the Excelsior Fire District. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. B. Joe Shneider, AIS Committee Chair, Christmas Lake HOA Joe Shneider gave an overview of the AIS activities and things they do to protect Christmas Lake. He talked briefly about their very successful weevil milfoil program that piggy backed on some work that the MCWD had done years before. He stated that while not eradicated, there is very little Eurasian Water Milfoil in Christmas Lake. He noted that this year they did a search for Starry Stonewort. He explained that there are two major threats that they worry about in Christmas Lake that can already be found in areas of Minnesota: Starry Stonewort and Spiny Waterfleas. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 3 of 9 stated that the final item he would like to highlight for the Council is something called Hydrilla which is a landscaping plant that was dumped into the water in Florida by accident which has been moving north and has now been found in Indiana, Illinois, and the lakes region of New York. He stated that Hydrilla is milfoil on steroids and is the poster child for the worst invasive species. Todd Erickson, Christmas Lake HOA President, stated that he would like to discuss the sustainability of the AIS program. He thanked the City staff and Council for the support they have given to Christmas Lake over the years. He explained that in addition to partnering with the City they have partnered with Hennepin County and the Minnehaha Creek Watershed District (MCWD)in order to get their AIS protection effort off the ground. He stated that unfortunately the MCWD has taken a look at their mission and priorities and have informed them that they are unable to provide any funding moving forward. He noted that in the past, their funding covered about twenty percent of their costs to run the AIS inspection and decontamination program at the public landing. He stated that the Christmas Lake HOA is committed to continuing with this program which may result in a raise of their dues. He noted that he feels their dues are already extraordinarily high and this would require a significant increase which they are reluctant to do. He stated that they look every year at ways to be more efficient and have great partner with Waterfront Restoration who provides the trained staff for the inspections and decontamination according to DNR standards and also do a very good job at looking at the data to understand the risks. He stated that he would like sit down with the City and see how this can be done and potentially identify some additional revenue streams. He stated that Mr. Shneider has had a lot of creative ideas but they would love to also have these conversations with the City when the time is right. He stated that he believes the HOA has about a year to figure out how they will fund and sustain this program moving forward in order to protection this City resource. He reiterated his appreciation to the Council and City staff for their support to their AIS prevention efforts. Councilmember Callies asked if the HOA had ever applied for any grants to assist in their AIS program. Mr. Shneider stated that the money from Hennepin County is the result of a grant and had begun the program working on a cost share program with MCWD, however that is what is going away. The only other source that they know of right now is the DNR and there is very little money available for AIS grants. Councilmember Johnson asked about the weevil work and if it would continue annually. Mr. Shneider stated that it was not done in 2020 because they had achieved a level of balance that it is controlling the Eurasian water plants that exist in the lake. He stated that they may have to bump things up again in a future year, but right now it is in a steady place. 6. PARKS 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for the Glen Road, Amlee Road and Manitou Lane Reconstruction Project, City Project 18-08 City Engineer Budde explained that at the December 28, 2020 Council meeting the Council approved the final plans and specifications and authorized advertising for bids with an option to include the watermain in the project. Bids were opened on January 26, 2021 and found the low bidder to be WM Mueller and Sons with an amount that is about four percent under the engineer’s CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 4 of 9 estimate. He noted that tree removal is anticipated to start in mid-March and extend through April and the roadway construction itself can begin as early as April or May and is required to be completed by the end of August. Staff is recommending that the watermain be included in this project because it will add better fire protection within the area and the pricing was very competitive and noted that this will also leave open the opportunity for residents should they have problems with their well and want to hook up to City water. He stated that if it is not done at this time, it would likely be another forty years before watermain would be considered by the City again in this neighborhood. He stated that the total project costs are estimated to be about $100,000 less than what the City had budgeted for the project. He stated that this project will be paid for by a combination of Street and Utility Bonds, Water Fund, Sanitary Fund, and the Storm Sewer Fund. Matthew Lafontaine, stated that he would like to discuss the size of the cul-de-sac for the Glen Road project. He explained that he feels the benefits of a ninety-foot cul-de-sac are related to turn around radius, specifically for fire trucks, snow plows, and school buses. He noted that seventy-five feet still allows for turn arounds for fire trucks and snow plows and explained that they had contacted the Minnetonka School District’s Department of Transportation who explained that they do not route school buses down Glen Road today and would not even if there was a ninety-foot cul-de-sac in the future. He stated that his opinion is that there is no functional benefit to a ninety-foot cul-de-sac versus a seventy-five-foot cul de sac. He stated that one thing that was brought up to him was the time and potential delay of the project and in after speaking with City Engineer Budde it appears as though redrawing the plans would only take about six hours. He stated that he does not feel that would cause a tangible delay in the project. He stated that this change would also reduce the tree removal and bring down construction costs and would save the City about thirty thousand dollars. He stated that he is asking the Council to consider this the same way they would a personal project where if they could get the same benefit as well as save trees and money, they would approve of moving forward with that option. City Engineer Budde confirmed that what Mr. Lafontaine stated was correct. Councilmember Johnson stated that he thought about this over the weekend after reading Mr. Lafontaine’s e-mail. He stated that he struggles with the possibility of there eventually being a choice made in the future to bring buses down the road. He stated that he understands that it is most likely a remote chance, but he likes to look at projects with a one-hundred-year litmus test so the City is looking long term. Mr. Lafontaine stated that is a fair point, but he has done more research on school bus routing than he ever thought he would. He stated that everyone that he has researched stated that school buses look to avoid cul de sacs regardless of size. He agrees with Councilmember Johnson that the possibility is very unlikely. Councilmember Callies asked if the change being discussed by Mr. Lafontaine would require once again going out for bids. City Engineer Budde stated that it would not and would be a pretty minor change in some of the geometry of the roadway so the change would be able to be made either through a change order with the contractor or just under run some of the quantities because lower quantities would be required. Councilmember Callies stated that regarding the point of looking one hundred years out, her opinion is that the road would need to be replaced by that point, so if it was necessary changes could be made then. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 5 of 9 City Engineer Budde stated that he has not had direct correspondence with the school district but he has been in the neighborhood and witnessed a school bus try to navigate their way out of this area. Councilmember Johnson stated that his concern lies more in a situation where there would be a child with a disability that would have to be let off in front of their house by the school bus. Mr. Lafontaine stated that the school bus that City Engineer Budde saw must have been an exception and noted that he has lived in this location for about a year and has not seen one school bus and reminded the Council that he had confirmed this through the school district’s transportation department. He stated that their children are part of the school district and their bus is not routed down Glen Road. He stated that he would guess the bus City Engineer Budde saw was a driver who accidentally took a wrong turn. Councilmember Siakel asked if the City can reduce the size of the cul-de-sac to seventy feet and still accomplish the City’s objectives. City Engineer Budde stated that it all comes down to whether this will follow the City’s standard which is a ninety-foot diameter measurement. He stated that they have always designed them so school buses can use them if needed, but they do not coordinate with every school district on which cul de sacs they will use. He stated that it would still function at seventy-five feet and would guess that larger vehicles may just use one of the driveways in the cul de sac, to make a three- point turn, one of which would be the Lafontaine’s driveway. Councilmember Siakel asked Mr. Lafontaine if he would be upset if a school bus happened to come down his road and turned around in his driveway. Mr. Lafontaine stated that he would not care if they turned around in his driveway because cars are already doing that today. He stated that there was a comment made by City Engineer Budde that he had not spoken with the school district and noted that he has an e-mail from the Department of Transportation at the school district that articulates the information that he has shared and would be happy to share that with the City. City Engineer Budde asked Mr. Lafontaine to share this information with him. Councilmember Callies asked for the current diameter of the cul de sac. Mr. Lafontaine stated that there is not a cul de sac. Mayor Labadie asked for details on what trees would be saved with the reduced measurement. City Engineer Budde explained that the significant trees in this location are white pine. He noted that if the diameter would be reduced to seventy-five feet, his recommendation would still be to center the cul-de-sac in the available right of way. He stated that he is not sure how many trees would be saved with the reduced diameter so he would still have to work out those details on site. Councilmember Johnson asked Public Works Director Brown for an example of other cul de sacs that do not meet the ninety-foot City requirement. Public Works Director Brown stated that there is one on Manor Road and Amlee Road. He noted that there may be others but he would have to do some research. Richard Eng, 25170 Glen Road, stated that City Engineer Budde touched on the dollar amount for the watermain and asked Finance Director Rigdon whether he can quantify what is meant by CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 6 of 9 “many” in the context of the comment made that “many are for it and many are against it”. Finance Director Rigdon stated that he does not believe that is a financial related question. City Engineer Budde stated that he has met with a number of residents throughout the project and asked if they are interested in connecting to City water at this time, some point in the future, or if they are not interested. He stated that less than half of the individuals he has spoken with are interested in connecting to water as soon as this project is completed. He stated that for a definition of “many”, he would say about twenty out of the fifty homes have shown interest in connecting to water as soon as they can, about twenty are against connecting to water, and the remainder did not have a strong preference. Mr. Eng stated that it sounds like it would be safe to say that the City does not really have a firm number and it appears as though this is just a guess or ballpark figure. He would like to know if there had been any analysis done by the City for the financial feasibility of the watermain. He stated that he thought it was City policy that if there were not sixty seven percent of individuals interested in the hook up, the City would not do it. He asked if there had been any analysis done to show how the over four hundred thousand dollars it will take to do the watermain work would be paid for. City Engineer Budde stated that it will be paid for out of the Water Fund which has adequate funds to pay for that portion of the project. He stated that as connections are made and residents pay the connection charge, that will put back into the Water Fund. Mr. Eng asked about current City policy and read aloud a portion of the information he had regarding when the City would complete the work. City Engineer Budde stated that he believes what Mr. Eng is referring to is if a project is going to be assessed to residents, then the City will need that type of majority votes from residents for the City to consider the projects. He noted that in this case, this project has been in the City’s Capital Improvement Plan for several years and will not be assessed to the residents, so it can be left up to the Council’s discretion. Mr. Eng stated that the League of Minnesota Cities handbook states that the water rates of the City should be high enough to pay for all costs, operations and maintenance. He stated that the City will be using three different funds to pay for this project and questions whether it is viable for the City to be addressing the issue of watermain because it sounds like there is not a quantitative number of how many people will really sign up. He stated that the City has been down this road in the past and knows that former Mayor Zerby had directed City Administrator Lerud to find out how many people have signed up and the best estimates is that when the City has come in and put in the watermains, between eight hundred to twelve hundred have not signed up. Mayor Labadie reminded Mr. Eng that the Council is only considering the matter at hand. Mr. Eng stated that the matter at hand is $481,000 and he questions how many residents on Glen, Amlee, and Manitou will sign up for water to pay for that cost. He asked if the City just had a hope and a prayer that they would put it in and people would sign up. Mayor Labadie stated that her understanding is that the City does not need to have an exact number in order to proceed and asked City Attorney Keane to comment. City Attorney Keane stated that this is not a specially assessed project and is being funded out of the Water Fund and the monies advanced will be recouped over time with the connection fees and water purchases. He stated that it is at the discretion of the City Council to make a decision regarding this investment. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 7 of 9 City Administrator Lerud noted that the question about water is not strictly how many will sign up because there is also a value to having fire protection for this neighborhood and a value to having a source of water available should any of the private wells go bad. He stated that the State came around many years ago and required sanitary sewer in this area and there have been initial discussions at the State level about requiring the same for water. He stated that if that comes to pass within the next twenty years, the City would end up having to tear up a good road in order to accomplish the watermain hook up. He stated that those who do not connect do not pay for any part of the water charge. Mayor Labadie noted that she used to represent the City at the Excelsior Fire Board and knows that the fire chief agrees with this mentality and the wisdom of having the water and hydrants available. Councilmember Johnson stated that he agrees and feels this is an investment into that neighborhood and feels the potential life saving aspect alone would be worth proceeding with the watermain addition. Councilmember Callies stated that she agrees with installing the watermain in this location while the City is doing the road project. Councilmember Siakel stated that she agrees that this is an investment for future residents and is not something that will be redone in ten or twenty years. She stated that she thinks the cost is very reasonable for the installation of the watermain and thinks it would be foolish not to move forward. She stated that she is open to the idea of reducing the cul-de-sac size because it is a dead-end road, nor is it traveled all the time. She stated that she thinks the entire project that is being presented to the Council is reasonable. Councilmember Callies stated that she would also support a seventy-five-foot cul-de-sac rather than ninety foot and would like to have it centered within the right of way as proposed by City Engineer Budde. Councilmember Johnson stated that he would also support the cul-de-sac diameter being reduced to seventy-five feet. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 21-014, “A Resolution Accepting Bids and Awarding Contract for the Glen Road, Amlee Road, and Manitou Lane Reconstruction Project, City Project 18-08, to WM Mueller and Sons to include the base bid and the watermain alternate in the amount of $2,547,188.25.” The Council discussed the size of the cul-de-sac and determined that a final decision on this could wait until the March 8, 2021 meeting. Councilmember Johnson stated that he had just received a communication from Communications Director Moore that there are two individuals who have been attempting to comment but have not been able to connect. Clint Bucher, 5490 Manitou Lane, stated that there are school buses that turn around at the intersection of Manitou Lane and Glen Road. He stated that Mr. Lafontaine’s statement that they do not come onto Glen Road is misleading and erroneous. He stated that if the cul-de-sac is reduced then the school bus will never go down to the end of the road and explained that he would like to see it stay at the ninety-foot size. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 8 of 9 Mayor Labadie explained that the Council will make a decision on the size of the cul-de-sac at an upcoming Council meeting. She reminded the Council that the motion on the table did not include the size of the cul-de-sac. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. Agenda Item 8B was removed from the agenda. C. Accept Proposal for Monitoring Cultural Resources for the Glen/Amlee/Manitou Project Area, City Project 18-08 City Engineer Budde stated that there are cultural resources within this project boundary so there is special permitting that needs to happen with the State Historic Preservation Office. He stated that the City has gone through this process and the State Historic Preservation Office has indicated that this project may move forward with an approved monitoring plan with an archeologist on site during the land disturbing activities within a one-hundred-foot boundary of the resources. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-016, “A Resolution to Award Cultural Resources Monitoring for Glen Road, Amlee Road, and Manitou Lane Street and Utility Improvements, City Project 18-08.” Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. D. Accept Change Order 1 for the Woodside Road Reconstruction Project, City Project 19-04 Public Works Director Brown explained that as this project proceeded, residents identified additional drainage concerns at the end of the cul-de-sac. He noted that staff had gone back and redesigned the storm sewer and created a rain garden. He stated that residents are pleased with this change to the project. Callies moved, Johnson seconded, Adopting RESOLUTION NO. 21-017, “A Resolution Approving Change Order No. 1 for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04.” Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 9. GENERAL/NEW BUSINESS A. Council Vacancy Discussion City Administrator Lerud explained that the solicitation period for residents to send a letter to the City expressing interest in serving on the vacant Council seat ended on February 1, 2021. The City received nine letters from interested parties and explained that the Council has great latitude in how they would like to proceed in this process. He asked that if the Council discussed the interested parties that they refer to them by number and not individual names. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 9 of 9 Councilmember Callies suggested that if the plan is to interview the candidates that it be done at a time other than immediately prior to a regular Council meeting. She asked whether there could just be two members of the Council do the interviews and make a recommendation to the entire Council rather than having the entire Council interview all nine candidates. Councilmember Siakel stated that she agreed that conducting interviews on a unique date other than a regular Council meeting date is a good idea. She stated that she would like to ensure that there is time to interview each candidate without rushing. Mayor Labadie asked if all of the candidates met the cut off deadline. City Administrator Lerud stated that candidate #9’s letter of interest was received about two hours after the deadline. The Council discussed the possibility of the Personnel Committee reviewing all the candidates and then making a recommendation to the full Council versus the full Council reviewing all the candidates at an open meeting. There was a consensus of the Council to have the Personnel Committee meet and interview all nine candidates, then make a recommendation for pool of finalists for the full Council to interview. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff City Clerk Thone stated that the April 21, 2021 Open Book meeting has been cancelled. She noted that they have posted contact information for the appraiser as well as the process for residents to contact him. She stated that they are working on the possibility of virtual meetings through the cities and will keep everyone updated. B. Mayor and City Council 1. Commission Appointment Recommendations Mayor Labadie noted that the Council met and interviewed applicants for the openings on various commissions and have selected: Samantha Tauer, Parks Commission, Todd Eggenberger, Planning Commission, Matt Gallivan, Parks Commission, Nathanial Gorham, Planning Commission, Tom Lesser, LMCC Representative. 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of February 8, 2021, at 8:49 P.M. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk #2 C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Verified Claims Meeting Date: February 22, 2021 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. 66681-66698 & ACH 346,799.85 Total Claims $346,799.85 We have also included a payroll summary for the payroll period ending February 14, 2021. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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ity of Shorewood Council Meeting Item Title/Subject: Planning Commission Appointment 2D Meeting Date: Monday, February 22, 2021 MEETING Prepared by: Sandie Thone, City Clerk/HR Director TYPE Reviewed by: Greg Lerud, City Administrator Regular Attachments: Resolution Meeting Policy Consideration: Pursuant to Minnesota Statute 462.354, Subdivision 1, and Shorewood City Code Chapter 201, the Shorewood Planning 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 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 Council conducted interviews of applicants seeking to represent the city on boards and commissions on February 8, 2021. The City Council was impressed by the unprecedented number of qualified candidates. The Council hereby recommends the following appointments for the Terms beginning March 1, 2021 and ending February 29, 2024: Todd Eggenberger Planning Commissioner Nathaniel Gorham 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 21-018 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION MAKING AN APPOINTMENT TO THE SHOREWOOD PLANNING COMMISSION WHEREAS, the City of Shorewood terms were up for two seats on the Planning Commission for the Terms March 1, 2021 through February 29, 2024; and, WHEREAS, the City advertised for applicants for the openings and received nine applicants; and, WHEREAS, the applicants were interviewed by the City Council on February 8, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA that the Council makes the following appointment: Planning Commission Todd Eggenberger, for a term to commence on March 1, 2021 and expire February 29, 2024. Nathaniel Gorham, for a term to commence on March 1, 2021 and expire February 29, 2024. Adopted by the City Council of Shorewood, Minnesota this 22nd day of February 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2E Title/Subject: Lake Minnetonka Communications Commission (LMCC) MEETING Meeting Date: Monday, February 22, 2021 TYPE Prepared by: Sandie Thone, City Clerk/HR Director Regular Reviewed by: Greg Lerud, City Administrator Attachments: Resolution Meeting Policy Consideration: The Shorewood City Council appoints representatives to various boards and commissions throughout the community on behalf of Shorewood residents and the city council. These representatives represent the Shorewood community’s interest on these various boards. Lake Minnetonka Communications Commission is one such board that serves local cities in the surrounding area including Shorewood. Lake Minnetonka Communications Commission (LMCC) is an agency formed by a Joint Powers Agreement between 11 area communities, whose purpose is to oversee the franchise agreement with the cable operator, currently Mediacom, and to promote awareness and use of community television. The Commission is composed of twenty-two members: two representatives from each of the eleven communities. The Full Commission meets on the second Thursday of the month, four times per year. The Executive Committee, elected annually, meets by request. LMCC meets monthly to hear subscriber reports, handle compliance issues and subscriber complaints. The Commission also advises cities on communication services that may be available to residents. The Commission and its staff provide the residents they serve an opportunity to communicate with their area neighbors through the medium of community television. Background: The City Council conducted interviews on February 8, 2021 of two applicants seeking to represent the city on the LMCC. The Council hereby recommends the following appointment for the Term beginning March 1, 2021 and ending February 28, 2022: Tom Lesser LMCC 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 21-019 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION MAKING AN APPOINTMENT TO THE LAKE MINNETONKA COMMUNICATIONS COMMISSION (LMCC) WHEREAS, the City of Shorewood term for the LMCC representative runs from March 1, 2021 through February 29, 2022; and, WHEREAS, the City received two (2) applicants for the opening; and, WHEREAS, the applicants were interviewed by the City Council on February 8, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA that the Council makes the following appointment: Lake Minnetonka Communications Commission Tom Lesser, for a term to commence on March 1, 2021 and expire February 28, 2022. Adopted by the City Council of Shorewood, Minnesota this 22nd day of February 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2G Title/Subject: 2021 Concession Operation Agreement Meeting Date: February 22, 2021 MEETING Prepared by: Twila Grout – Park and Rec Director TYPE Regular Meeting Attachments: Concession Operation Agreement Background: Russ Withum has provided concession services since 2005. His son Derek Withum now helps with the concession and Derek has agreed to provide concession services for Eddy Station for the 2021 season. The Park Commission at its February 9, 2021 meeting agreed to have Derek Withum provide concession services at Freeman Park, Eddy Station in 2021. Services will be provided Monday through Sunday, from 5:30 to 8:30 p.m. on or about May 1 and continue through August 1 or when the sports organizations have concluded their events. Financial Considerations: The contractor has agreed to pay the city $394 for the 2021 season. Payment will be due September 30, 2021. A copy of the agreement is attached. Action Requested: The Park Commission recommends the City Council approve formalizing the Concession Agreement for 2021 with Derek Withum. 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 Independent Contractor 2021 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 Derek Withum, 1563 Sandbar Circle, MN 55387 (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 into 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 2021. Payment due to the City by September 30, 2021. 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 2G Title/Subject: COVID-19 Response Meeting Date: February 22, 2021 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Reviewed By: Sandie Thone, City Clerk/Human Resources Director Attachments: Emergency Declaration 21-02, Resolution Background: Mayor Labadie issued Emergency Declaration 21-01 on January 21, 2021 that closed city hall to the public through February 19 and to evaluate the status of the closure at that time. MN Governor Executive order 21-08 states that the health pandemic emergency continues to exist, but the Governor’s Executive order 21-07 allows relaxing restrictions on certain activities. City staff recommends to the Mayor and City Council, that by observing the provisions of the city’s COVID 19 response plan adopted in June 2020, that city hall can reopen city hall to the public. Pursuant to that recommendation, Mayor Labadie issued Emergency Declaration No. 21-02 on February 18, 2021. Options: Statute requires that a City Council consider a Mayoral emergency declaration and act to approve, edit, or deny. The City Council has the ultimate policy making authority regarding these polices and can revise in any way the Council determines. Recommended Action: Beginning in March, the city took steps to be able to provide service in a way that minimizes contact and the spread of COVID, and we have been doing that since March. Staff recommends approval of the Resolution by simple majority. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD MAYOR’S EMERGENCY DECLARATION 21-02 PROCLAMATION AND DECLARATION OF EMERGENCY DECLARING AN AMENDMENT TO THE MAYOR’S EMERGENCY DECLARATION 20-01, 20-02, 20-03, AND 21-01 RECITALS 1. The COVID-19 pandemic continues to present an unprecedented and evolving challenge to the State of Minnesota. 2. On March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize and all necessary resources to be used in support of the COVID-19 response. 3. On March 16, 2020, Mayor Scott Zerby issued Emergency Declaration 20-01, which was approved by the Shorewood City Council on March 23, 2020 by adopting Resolution No. 20-026. 4. On June 5, 2020, Mayor Scott Zerby issued Emergency Declaration 20-02, which was approved by the Shorewood City Council on June 8, 2020 by adopting Resolution No. 20-061. 5. On November 19, 2020, Mayor Scott Zerby issued Emergency Declaration 20-03, which was approved by the Shorewood City Council on November 23, 2020 by adopting Resolution No. 20-123. 6. On January 21, 2020, Mayor Jennifer Labadie issued Emergency Declaration 21-01, which was approved by the Shorewood City Council on January 25, 2021. 7. The State of Emergency continues to exist with the lifting of some restrictions pursuant to MN Governor’s Executive Order No. 21-08, issued February 12, 2021, but MN Governor’s Executive Order No. 21-07 adjusted limitations on certain activities and businesses. NOW, THEREFORE, MAYOR LABADIE OF THE CITY OF SHOREWOOD PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS: DECLARATIONS 1. Pursuant to the authority set forth in Minnesota Statutes, Section 12.29, declares that a local emergency continues to exist within the City of Shorewood, with all the powers and responsibilities attending thereto as provided by Minnesota Statutes, Chapter 12, and further proclaims that such emergency constitutes a declared emergency pursuant to Shorewood City Code Section 602. 2. Unless specifically modified by this Emergency Declaration, all provisions of the 20-1, 20-02, 20-3, and 21-01 Emergency Declarations remain in effect. 3. Directs all City departments and offices to operate and support the response to this incident, including ongoing review of implementing employee protocols, strategies, and processes to continue to ensure that public services are maintained. 4. Directs that Shorewood City Hall reopen to public access beginning February 23, 2021, while following the city’s COVID 19 reopening plan, which was approved by Resolution 20-61. City services shall continue to be provided but done in a manner to eliminate or minimize employee contact and contact with the public. Employees are encouraged to complete their work from home as much as possible. 5. Staff will update the city council for recommended additional actions on an as-needed basis, based on future Governor Emergency Orders, along with guidance from the MN Department of Health. 6. Directs the appropriate City staff to request and coordinate appropriate aid and resources from surrounding jurisdictions, Hennepin County, the State of Minnesota, and the Federal government, as needed. 7. Requests that the City Council approve the provisions of this Emergency Declaration at their meeting on February 22, 2021. 8. Orders that this Emergency Declaration be given prompt and general publicity and that it be filed by the City Clerk. th Dated this 18 day of February 2021. Mayor, Jennifer Labadie ____________________________ Attest: City Administrator, Greg Lerud _____________________________ RESOLUTION 21-020 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING MAYORAL DECLARATION 21-02 WHEREAS, the COVID-19 pandemic has required government to take extraordinary steps to respond to the public health emergency; and, WHEREAS, the Mayor executed an Emergency Declaration, No. 21-02 on February 19, 2021, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby approves the Declaration of Emergency, No. 21-02 in its entirety. 2. The policies being approved with passage of this Resolution are, at the time of passage, the based on the MN Governor’s Executive Order 21-07 to try and limit the spread of the Corona virus and COVID 19. 3. Staff are directed to continue to work at home as much as possible, but to maintain municipal services and public response as much as possible while following social distancing and safe practices. 4. Unless specifically amended by Emergency Declaration 21-02, the provisions of Emergency Declarations 20-01, 20-02, 20-03, 21-01 and their approval Resolutions remain in force. 5. These measures shall stay in force and effect until the City Council approves additional conditions or finds that the emergency conditions no longer exist and rescinds the Emergency Declaration, and the measures in this Resolution. nd Adopted by the City Council of Shorewood, Minnesota the 22 day of February 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title/Subject: Park Commission Appointments 2H Meeting Date: Monday, February 22, 2021 MEETING Prepared by: Sandie Thone, City Clerk/HR Director TYPE Reviewed by: Greg Lerud, City Administrator Regular Attachments: Resolution Meeting 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 Council conducted interviews of applicants for two Park Commission seats on February 8, 2021. The City Council was impressed by the qualified candidates interested in the position. In addition, on February 17, 2021, staff received the resignation of Park Commissioner David Garske who will be moving out-of- state, which created an additional vacancy on the Park Commission. The Council hereby recommends the following appointments for the Term beginning March 1, 2021 and ending February 29, 2024: Matt Gallivan Park Commissioner Samantha Tauer Park Commissioner ________________ 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 21-021 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION MAKING APPOINTMENTS TO THE SHOREWOOD PARK COMMISSION WHEREAS, the City of Shorewood has two terms up for appointment on the Park Commission for the Term March 1, 2021 through February 29, 2024; and, WHEREAS, the City advertised for applicants for the openings on various city boards and commissions and received nine applicants; and, WHEREAS, the applicants were interviewed by the City Council on February 8, 2021. WHEREAS, the resignation of an additional commissioner was received on February 17, 2021, leaving a third vacancy to fill. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA that the Council makes the following appointments: Park Commission Matt Gallivan, for a term to commence March 1, 2021 and expire February 29, 2024. Samantha Tauer, for a term to commence March 1, 2021 and expire February 29, 2024. _____________, for a term to commence March 1, 2021 and expire February 29, 2024. Adopted by the City Council of Shorewood, Minnesota this 22nd day of February 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, FEBRUARY 2, 2021 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 Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; Assistant City Engineer Baumann, and, Council Liaison Callies Absent: None 1. APPROVAL OF AGENDA Eggenberger moved, Riedel seconded, approving the agenda for February 2, 2021, as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 2. APPROVAL OF MINUTES  January 5, 2021 Planning Commission Meeting  January 12, 2021 Joint Meeting with Parks Commission Riedel moved, Gorham seconded, approving the January 5, 2021 Planning Commission Meeting and the Joint Meeting with Parks Commission Meeting Minutes of January 12, 2021, as presented. Roll Call Vote – Ayes all. Motion passed 5/0. 3. MATTERS FROM THE FLOOR Brenda Redwing, 6065 Eureka Road, asked if there would be curb and gutter or retention basins for the proposed project near her home. She stated that she is concerned because when things are built in or around her property, that effects the water storage capabilities and has ended up flooding her property. She stated that she is not happy about the development of this property and reiterated her concerns regarding drainage. 4. 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 – PUD DEVELOPMENT STAGE PLAN AND PRELIMINARY PLAT Applicant: Stoddard Companies Location: North of Highway 7 between Eureka Road and Seamans Drive CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 2, 2021 Page 2 of 9 Planning Director Darling gave an overview of the proposal to subdivide the property into fourteen lots for single-family homes which includes a PUD development stage plan and a preliminary plat. She stated that the homes would have shared maintenance, trash pick- up and be composed of villa style homes. She shared some background on the zoning and land use in the area. She noted that this property has three wetland basins on the site, about two hundred significant trees and will be subject to tree preservation. She stated that this proposal has the fourteen homes clustered around the cul de sac and gave a general overview of the proposal and the grading plan. She noted that the cul de sac will have a surmountable curb and gutter to help direct the water and there will be a barrier curb on the east side of the development. She stated that this property has a high-water table and also two large wetland basins that will need to remain connected even though there is a proposed street. The stormwater treatment will be affected by the high-water table because all of the wetland basins are shallower and effect a larger area than if the developer could put in a traditional pond. She explained that more of the site would be taken up with stormwater features such as dry basins or rain gardens. She noted that there were a few dry basins constructed as part of the Minnetonka Country Club if the Commission would like to get an idea of what they may look like. She explained that because of the high-water table, the homes will be slab on grade with no basements. The applicant is proposing that the homes are detached townhomes with the majority of the site to be used for open space which reduces the amount of impervious surface on the property. They are currently proposing about 22.2 percent impervious surface coverage, but this may fluctuate a bit as the development moves closer to the final stages. Staff is recommending a maximum cap of 25 percent impervious surface or the design capacity of the stormwater features, whichever is less. She explained that staff is also recommending that the applicant assign a specific amount of impervious surface for each home so that the homeowner knows how to plan accordingly. She gave an overview of the plans to bring in about 25,000 cubic yards of dirt onto the property in order to raise the pads, roads, and other structures in order to support the proposed structures. She stated that a CUP would be required to bring in that much material, however with the PUD application the approval is reviewed simultaneously with the development stage plan. She reviewed a few of the conditions related to this detail and their proposal for wetland buffers. She shared some design details of the proposed homes and garage space. Staff is recommending approval of the PUD and the preliminary plan subject to the conditions listed in the staff report. Assistant City Engineer Baumann gave an overview of the traffic impact study conducted for this project by Swing Traffic Solutions on behalf of the developer. He stated that the study looked at the intersections of Highway 7 and Eureka Road as well as Eureka Road and Park Lane. He noted that the study found that the development will generate about one-hundred thirty-two trips per day with ten of those being in the a.m. peak and fourteen being in the p.m. peak. He explained that the intersections will still remain at a level of service “A” with those trips factored in. He noted that the only noticeable difference would be the length of the queue, but it only amounts to about one-half of a car and will have very little noticeable effect on the traffic patterns. He explained that the study had also taken a look at the turn lane warrants and found that the traffic volumes of the thru traffic to the right turn doesn’t necessarily warrant a right turn lane, however staff is recommending that they install one. MnDot has also done a preliminary review and they noted that they are recommending pedestrian and bike connectivity which will be provided by the developer with a sidewalk on the north side that connects with the Freeman Park trail. He stated that MnDot also recommended a through roadway connection to Seaman’s Drive which staff is not recommending. Commissioner Eggenberger asked if the traffic study was paid for by the applicant. Assistant City Engineer Baumann confirmed that the traffic study was paid for by the developer. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 2, 2021 Page 3 of 9 Commissioner Eggenberger asked what the City’s comfort level is with the independence of the study. Assistant City Engineer Baumann stated that they are very comfortable with it and noted that their traffic engineers also took a look at the information and came up with the same recommendation as Swing Traffic Solutions. Commissioner Eggenberger asked if the applicant gets the recommendations from staff at the same time as the Planning Commission. Planning Director Darling explained that as staff reviews the application and gives the applicant their initial comments. The applicant has time to revise their plans, which the developer has done, which reduces the number of conditions. She stated as staff completed the second review of the application, they did meet with the developer and went through a number of the questions and concerns from staff. She stated that although he did not see the final list until the report was prepared for the Commission, she does not think there is much in the recommended conditions that will be a surprise to the applicant. Commissioner Eggenberger asked how far above ground water the slabs for the homes will be. Assistant City Engineer Baumann noted that they are at least four feet above ground water. Commissioner Eggenberger asked if these homes would help the City meet the Comprehensive Plan. Planning Director Darling stated that the answer is both yes and no. Met Council does recommend that the City increase development where possible, but it does not help the City increase the density of over five units to the acre, which was their last direction. Commissioner Eggenberger asked where the water from the northern wetland area flows. Assistant City Engineer Baumann explained that currently there is a ditch which will be filled in to put in all the improvements and the developers are planning to install a twenty-four-inch concrete pipe that will connect the two wetlands and maintain the flow. He noted that there is also a requirement for an emergency overland flow in case the pipe becomes blocked. Commissioner Eggenberger asked about the timing and approval of the final plat. Planning Director Darling explained that final plat is submitted after the preliminary plat is approved which means the applicant has to take all the conditions that were part of the preliminary plat approval and incorporate them into their plans and submit the final plat application along with the PUD final plan as well. She noted that final plat does not require public hearings, it has a sixty-day review period and then goes to the City Council. Commissioner Riedel asked about the recommendation for soil testing and a soil engineering study. He stated that since there will be wetland buffer modifications and excavation, many times during excavation contaminated soils are discovered which can change the whole trajectory of the project. He asked if there had been any soil testing on either the areas that will be excavated or the wetland areas. Planning Director Darling stated that she is unsure if there has been soil testing completed on the wetlands but the developer has submitted soil borings that were done on the site. She stated that CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 2, 2021 Page 4 of 9 the results of the soil borings are why the developer is suspecting they will need to do some pad corrections. Commissioner Riedel asked if there was any risk to the City if contaminated soils are found. Planning Director Darling stated that there is only risk to the developer and not to the City. Commissioner Gorham stated that the change in the wetland buffer area on Lot 5 is permitted by the watershed but asked if it will require an actual approval process through them. Planning Director Darling stated that in order to do the flexible wetland buffering in this area, the developer will need both the approval of the City and the watershed. Commissioner Gorham asked Planning Director Darling to elaborate on the portion of the staff report that covers the development doing things that are consistent with direction on buffering and transitions in the Comprehensive Plan. Planning Director Darling stated that portion of the report was a continuation of the discussion from the request for the Comprehensive Plan amendment. She explained that this was one of the reasons that the developer had proposed this clustered development to begin with. She explained that the developer is proposing to keep the south side of the development, where the noise is going to be the highest, as open space. As the development moves north, the majority of the homes will be clustered and the homes will then protect the homes to the north from the noise and activity on Highway 7. She clarified that the development with a higher density housing will be closer to the highway protecting the lower density further north. Commissioner Gorham stated that there are some berms on the south portion of the site and asked if there was a science behind how tall the berms need to be for effective noise buffering. Planning Director Darling stated that they would have to be much higher than what they are in order to provide full protection for noise, but noted that any amount will help. Commissioner Gorham stated that there appears to be a lot of comments regarding tree preservation and there appear to be quite a few revisions still needed and asked how comfortable Planning Director Darling was with the next step. Planning Director Darling explained that the developer is proposing a number of trees in the public right of way, especially along the southside of the new roadway. She stated that she is recommending those trees be placed further back because there is a storm sewer line that is within the public right of way and the drainage and utility easement. Commissioner Gorham stated that one of his concerns about a traffic study conducted in 2020 was how they can account for COVID-19 traffic patterns. He asked for an explanation of the COVID-19 adjustments that were made in the analysis. Assistant City Engineer Baumann explained that the traffic studies were done last fall and were used to get percentages of turning movements and then they used previous overall traffic amounts that were not affected by COVID-19 to project the 2024 numbers. He stated that he feels they were conservative in their estimates and explained that he does not have any concerns. Commissioner Gorham asked what year the historical data was taken from. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 2, 2021 Page 5 of 9 Assistant City Engineer Baumann asked for a moment to find this information. Chair Maddy asked where Outlot B drains and noted that there was a mention of a culvert. He asked if the culvert already exists or if it will need to be installed as part of the project. Planning Director Darling stated that the culvert already exists and appears to be in working order. Commissioner Gault asked about the wetland buffer and Lot 5 and noted that it is a significant portion of the rear of the property. He asked how the buffer will be maintained given that so much of it is within the lot line of the home. Planning Director Darling stated that was another condition that she is recommending for the rear property boundaries to be adjusted so the wetland buffer is actually on the HOA property. Assistant City Engineer Baumann it appears as though the data was taken from the count information they already had along and then factored in the MnDot COVID-19 adjustments spreadsheet which increased the count by 6.5%. Commissioner Gorham stated that percentage seems low to him. Bill Stoddard, 440 Third Street, Excelsior, explained that the concept for this development is to do a clustered development that is HOA controlled. He explained that since this project was last before the Commission, they have shifted their road and the cul de sac about 16 or 17 feet to the south to get it further away from the neighbor to the north. He noted that they have also reduced the setback to match the City ordinances which permitted them to have a bit more surface space to get rid of the second story and have one-level living with the option for second story storage. He stated that they have been in communication with Planning Director Darling and are in agreement with the conditions and recommendations that are noted in the packet. He stated that thus far, they have done about five or six soil borings and will probably do more. He noted that his background is in environmental engineering consulting and he is very comfortable that they will not find any contamination at this location. Chair Maddy asked if Mr. Stoddard had inspected the condition of the culvert running under Highway 7. Mr. Stoddard stated that they will need to do a more thorough inspection during the construction process. Commissioner Gorham asked of Mr. Stoddard had read through the conditions and comments regarding tree preservation. Mr. Stoddard explained that they have seen the comments and agree with the recommendations made by Planning Director Darling. He stated that they are planning to abide by these conditions and have begun to do a bit more work in this area and may have it done before the Council meeting. Commissioner Riedel stated that it seems as though concerns shared by the public on prior plans seem to revolve around traffic and around the fact that this property is currently a heavily wooded parcel with mature trees. He stated that a tree preservation plan to retain that character would be appreciated by the residents who live adjacent to this parcel. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 2, 2021 Page 6 of 9 Mr. Stoddard stated that he agrees and they have taken another look over the last few weeks with the intent of saving more of the trees. Chair Maddy opened the Public Hearing at 8:01 P.M. noting the procedures used in a Public Hearing. He noted that there have been a few questions submitted through the chat function and would like to start with those items. Commissioner Riedel explained that Brenda Redwing asked why trees on her adjacent lot were included both on the plan and were marked since they are on her lot. Mr. Stoddard stated that he believes when they are out doing a tree inventory, the property line is not as obvious when they are on site. He stated that he suspects that they just wanted to make sure that they caught all the trees in the area. He assured Ms. Redwing that the trees on her property may be listed as part of the inventory but that does not mean that they are on the list of trees to be cut down. Commissioner Riedel stated that he believes that Ms. Redwing’s main concern is that no one asked for her permission to mark her trees. Planning Director Darling stated that when staff is reviewing a development, it is important that they can see where the significant trees are on the adjacent properties as well so they can head off grading or other activity that may affect those trees. Ms. Redwing stated that she understands that but neither the City, the surveyor, or the developer came and asked permission to be on her property which is why she is upset. She stated that she paid to have her property surveyed which is when she noticed all the markings. She stated that they were all trespassing on her property. She explained that she is concerned about the buffer on her property and asked who would pay for future flooding damage on her property because of this development. She expressed concern that the City is allowing one wetland to be removed and asked about the elevation of the concrete pipe that is taking water from the wetland from the northwest corner to the south. Assistant City Engineer Baumann stated that the elevation of the concrete pipe will be the same elevation as the existing ditch. He stated that they will look very carefully at all of the drainage for the project to ensure post construction run off is not greater to any neighboring properties and that it is all managed on-site before leaving the property. He stated that the watershed district will also be involved to ensure that the bounce of the wetlands does not change by a significant amount. Kim Koehen, 6115 Seaman’s Drive, stated that she is concerned about the location of the road into the property in relation to her driveway and home because she is concerned about headlights at night. She asked if there was as street light proposed at the end of the cul de sac and noted that she would not be in favor of this addition because she can already see the street light at Park Lane. She noted that she appreciates that a sidewalk will be included in order to connect to Freeman Park. Chair Maddy noted that there are two proposed street lights. They are presented as Xcel decorative fixtures and asked if anyone on staff knew what those would look like. Planning Director Darling stated that they are a black metal fixture with a shorter pole. She noted that the fixture is a full cut off fixture and not the typical tall cobra style light. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 2, 2021 Page 7 of 9 Chair Maddy asked whether the applicant or the City wanted the street lights. Planning Director Darling stated that she had asked the developer to show on the plans if they were going to propose any street lighting. Mr. Stoddard stated that they have proposed street lights and noted that one at each entrance and one in the middle is the normal trend. He stated that they can be down facing and understands the neighbor’s concerns with lighting. He noted that if it is not mandatory, they would like to dig into it more thoroughly and find out the recommendation from Public Works. He noted that he had recently put in this same kind of light in Excelsior with down facing lights that were only 10-12 feet high. He noted that the intent is not to make these very bright but to just to help show the contour of the roads, especially in the winter months. He stated that he wanted to apologize to Ms. Redwing that the surveyors were on her property without permission. Commissioner Gorham asked if there was anything in the Comprehensive Plan about the City’s preference for street lighting. Planning Director Darling stated that she does not recall and did not look it up prior to the meeting. Commissioner Gorham stated that, to him, this is a question of what they want the City streets to look like, in general, not just for this development. He stated that he feels the Commission should be consistent throughout the City with its lighting requirements. Commissioner Riedel stated that the applicant may be encouraged to plant trees to help address the concern raised by Ms. Koehen regarding headlights shining in her window. Robby Hill, 5930 Seaman’s Drive, asked if there would be a marked pedestrian crossing with a mandatory stop on Eureka or if the sidewalk would just run to the road. Assistant City Engineer Baumann stated that there will be a marked crosswalk in this location, but it will not be stop controlled. Mr. Hill stated that he agrees with the Commissioner who feels that the 6.5% COVID-19 increase as part of the traffic study is low and asked if that calculation applied to the metro area as a whole or if it was specifically for Highway 7 at this intersection. He stated that he feels it is important as to when the numbers were taken because the traffic traveling to and from Freeman Park should be considered. He noted that the traffic from the Minnetonka Country Club has also increased traffic in the area and if old data was used, that information should be revisited. Assistant City Engineer Baumann stated that he can do some checking on the COVID-19 compensator numbers from MnDot and see if the City would recommend any adjustments. Chair Maddy closed the Public Hearing at 8:16 P.M. Commissioner Riedel asked what the next phase would be if the City Council approves this application. Planning Director Darling stated that it will be a final plat and a PUD final plan but noted that it will only come before the Council, not the Planning Commission. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 2, 2021 Page 8 of 9 Riedel moved, Eggenberger seconded, recommending approval of the PUD Development Stage Plan and Preliminary Plat for “The Villas at Shorewood Village” located North of Highway 7 between Eureka Road and Seaman’s Drive, subject to the conditions as listed in the staff report. Commissioner Gorham explained that the two things he is thinking about are the tree preservation plan and the traffic study. He stated that it appears as though there is still a lot of work to be done on the tree preservation plan and would like the Commission to discuss the possibility of this being completed before the Council meeting. He asked if the Commission felt comfortable that the language was already strong enough to make a decision on this issue. Commissioner Riedel asked if the Commission recommends approval and then the City Council approves it subject to conditions whether the conditions were more or less binding for the applicant. Planning Director Darling agreed that the conditions are binding. Commissioner Riedel stated that he agreed that it will be up to staff to complete the process and make sure all the conditions are met. He stated that he believes Commissioner Gorham’s points are well taken and noted that importance of trees to the discussion. Commissioner Gorham stated that there appears to still be a lot of work that needs to be done on the tree preservation plan and this will be the last time the Commission sees this application if it moves to the City Council. He stated that he questions whether the Commission can feel comfortable sending this to the Council if the Commission will not be seeing it again. Chair Maddy asked if the proposed tree preservation plan meets the tree preservation policy. Planning Director Darling stated that it does meet the requirements, but does need some tweaking. Commissioner Gorham asked whether the applicant, with the number of conflicts that were found, will still meet the minimum requirements. Planning Director Darling noted that the applicant is over the minimum requirements. She stated that if the Commission would feel more comfortable, they could continue this item to the next meeting in order to allow time for the applicant to make some of the changes that have been discussed before it moves to the City Council. Commissioner Gorham stated that he has enough confidence in the City staff to guide this process through the rest of the steps, but wanted to make his concerns known. He stated that he wants to make sure the applicant knows that the Commission and the neighbors are concerned about the trees. He stated that regarding the traffic piece, he does not want this to be another Starbuck’s when there were a lot of complaints about the data coming from the summer months when the students were not there. He reiterated that he has a hard time believing the traffic study data is accurate even with the 6.5% increase due to COVID-19. He asked Assistant City Engineer Baumann to give the Council more clarity on this issue. Commissioner Eggenberger stated that he would also like to see some tweaking on the tree preservation at the end of the cul de sac to mitigate the headlight issues for the nearby resident. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 2, 2021 Page 9 of 9 Mr. Stoddard stated that they will definitely put some more trees in that location and may ask for a bit of leniency to have some trees infringe or encroach on the right of way, if there are not utilities present. He stated that they are happy to brainstorm with staff on ways this issue can be adequately addressed. Commissioner Gorham asked if the plan was to definitely include two street lights. Mr. Stoddard stated that they do not have to have the street lights and before the Council meeting, he would like to have more discussion with staff to find out what the City’s philosophy is on street lights. He stated that they will not put lights in if the City does not want them. Chair Maddy stated that he does not believe the City has an actual policy and expressed his appreciation that Mr. Stoddard was willing to work with staff to try to figure out the best way to move forward. Roll Call Vote: Ayes – all. Motion passed 5/0. 5. NEW BUSINESS 6. OTHER BUSINESS 7. REPORTS • Council Meeting Report Council Liaison Callies reported on matters considered and actions taken during Council’s January 25, 2021, meeting (as detailed in the minutes for that meeting). • Draft Next Meeting Agenda Planning Director Darling stated there will be a request for a lot line adjustment and a variance request for the next Planning Commission meeting. Commissioner Gorham asked if anything had come out of the fire lane discussions. Commissioner Riedel explained that he had given a report to the Council on the meeting, but does not believe any action was taken. Planning Director Darling stated that she still needs a little more time to do some of the research that the Commission had requested and to work with Tonka Bay. She noted that the Council has not yet received the formal recommendation from the Park and Planning Commissions. 8. ADJOURNMENT Gault moved, Riedel seconded, adjourning the Planning Commission Meeting of February 2, 2021, at 8:33 P.M. Roll Call Vote – Ayes all. Motion passed 5/0. MEMORANDUM Date: February 16, 2021 To: Marie Darling, Planning Director From: Andrew Budde, PE/Matt Bauman, PE Subject: Villas at Shorewood Village_Stoddard Companies_Preliminary Plat Review 3 City of Shorewood Project No.: C16.121661 Local Surface Water Management Plan and Engineering Standards: Shorewood PUD Preliminary Plat Application Civil Engineering Plans dated 2/10/2021, including existing conditions, site plan, grading plan and utility plan Drainage Calculations dated 1/11/2021 Proposed model home staging plan received 1/8/2021 Traffic Memo Update dated 2/10/2021 Tree Replacement Plan dated 2/15/2021 This review included the documents listed above and additional prior PUD Concept Stage Application materials, primarily dealing with grading, modelling and stormwater management. A marked-up utility plan is included with this review to clarify some comments. General 1. The development shall be designed and constructed according to the City Standard Specifications and Details. 2. Prior to the start of any construction, permits shall be secured with the following at a minimum: a. MnDOT right of way and drainage b. Minnehaha Creek Watershed District c. MPCA Construction General Permit d. Minnesota Department of Health e. Metropolitan Council Environmental Services 3. Staff recommends model home building not be allowed until allpublicutility work is complete and the aggregate base is in place. A construction entrance and gravel surfacing for the model home staging shall be placed to prevent tracking onto Eureka Road. 4. With the filling of wetland 3 and other low blow counts observed from the soil borings, the development will need to ensure solid soil foundations are provided for all structural improvements including roads, sidewalks, driveways and building pads. Streets and Pedestrian Access (Ȁ͐3(7$͐#ΐΕΐΑΐΕΕΐ͐ΐ͑#®±±¤²͐#͑4® /³§¤±²͐ΑΏΑΐȃΏΑȃΐΕ͑3³®££ ±£͑0±¤«¨¬ 0« ³͑2¤µ¨¤¶ Βȁ£®¢· Name: Stoddard PUD Date: February 16, 2021 Page: 2 5. The traffic study update notes that the traffic levels counted during the fall were increased 6.5% based on MnDOT guidance of comparing current traffic levels to normal traffic. The fall counts were lower due to decreased travel from the pandemic. a. The update also reviewed a 15% increase of counted traffic for potential that intersections would still function with an optimal level of service and no additional intersection control is required. Sanitary Sewer and Watermain 6. Watermain and sanitary sewer are adequate for the development as shown. The City will be responsible for the a watermain. a.Watermain connectionfees are $10,000 per lot and charges are reimbursable for watermain and services in the public right of way up to $140,000. Charges beyond that are the responsibility of the developer. 7. Additional comments on sanitary and watermain may be forthcoming in future plan submittals. Surface Water Management and Grading 8. The property must meet the City of Shorewood Surface Water Management Plan Regulations (Section 5.3) and should be summarized in a report in future submittals. a. Ensure the full roadway and curb and gutter width and revised sidewalk width is accounted for in future submittals. 9. Tree removals: a. The tree removal plan shows tree 83 to be removed from private property. The developer shall arrange work on private property to the satisfaction of the owner of 6065 Eureka Road. b. Several trees are shown to be left within the normal and high-water elevation grading in stormwater basin 2. Consider impacts to trees 19, 21-23 and 38, to ensure they will be able to withstand inundated roots or should be removed. Specifically, 21-23 and 38 will be within the normal water level, with permanently submerged trunk base, and two of the four are ash trees. 10. Owners of private stormwater facilities shall enter into an agreement with the City describing responsibility for the long-term operation and maintenance of the stormwater facilities and shall be executed and recorded with the final plat. An operations and maintenance plan for the proposed stormwater system should be included with future submittals. 11.The low area filtration basin will be inundated with water for a longer period than existing conditions. We recommend planting this area with plants suitable for a rain garden that can withstand periodic inundation. a. Additional detail to ensure the basins drain dry between storm events will be required with future submittals. 12. Additional comments on stormwater management and grading may be forthcoming in future plan submittals. Bmsfbez!nbslfe!bt!sfnpwfe!pousff!tdifevmf/ Bmsfbez!nbslfe!bt!sfnpwfe!pousff!tdifevmf/ Bmsfbez!nbslfe!po!qmbobt!cfjoh!sfnpwfe/ 45 26 5 24 86 Bmsfbez!nbslfe!po!qmbobt!cfjoh!sfnpwfe/ Bmsfbez!nbslfe!bt!sfnpwfe!pousff!tdifevmf/ Uiftf!JNP!bsf!cpbsefs!mjof/ RESOLUTION 21-022 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A PUD DEVELOPMENT STAGE PLAN FOR THE PROPERTY LOCATED NORTH OF HIGHWAY 7 BETWEEN EUREKA ROAD AND SEAMANS DRIVE WHEREAS, Stoddard Companies (the “Applicant”), has submitted a request for a PUD Development Stage Plan for a development to be called “The Villas at Shorewood Village” (the “Request”) for the property legally described as: Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the following described part thereof; commencing at the intersection of north line of Highway Number 7 with the west line of Lot 26; thence east along said highway distance 210 feet; thence north parallel with west line of Lot 26 distant 210 feet; thence west parallel with said highway line 210 feet; thence south to beginning, and except part taken for highways, add as shown on the Warranty Deed dated December 8, 2016 and recorded on January 3, 2017 as Doc. No. A10403226, of record in the Office of the Hennepin County Recorder (the “Property”); and, WHEREAS, the Request has been submitted in the manner required for the development of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly consistent thereunder; and, WHEREAS, said Request is consistent with the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood for the approval of such a request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Request for the development of 14 single-family homes to be called “The Villas of Shorewood Village”, is hereby approved, subject to the following conditions: 1. The PUD Development Stage Plan is approved to allow 14 one-level, single-family homes as a permitted use according to the plans and materials received November 20 and December 29, 2020 and February 11, 12, and 16, 2021. 2. The permitted accessory uses within the development shall be as allowed in the R-1D zoning district, except that the following are prohibited: the storage or parking of recreational vehicles or equipment outside the attached garage and construction of detached accessory buildings or greenhouses. 3. The development standards shall consist of the following: a. Setbacks from the property lines shall be as follows: 1) From the rights-of-way of Eureka Road and Seamans Drive: 35 feet 2) From the right-of-way of the public street within the subdivision: 20 feet (Block 2) and 25 feet (Block 1) 3) From the north and south development property lines: 25 feet 4) From the interior side property lines: 10 feet 5) From the wetland buffers: 15 feet b. Height: No dwelling shall exceed 30 feet or one story above grade, whichever is lower. c. The HOA documents shall include a requirement that a minimum of one space in the garage shall be reserved for parking of personal vehicles. 4. Model home: One model home with a sales office shall be permitted subject to the following: a. The model home/sales office is allowed until permits are issued for the first 11 homes. At that point, it must be converted back to a home and the parking area removed. b. An off-street parking area with a gravel or asphalt surface shall be constructed with a pathway leading to the model home, with one handicapped accessible space. c. Any lighting for the model home shall be limited by the lighting regulations in Chapter 1201.03 Subd. 2. v. and shall be turned off one hour after the real estate office closes or 8 p.m., whichever is earlier. d. Temporary signage for the model is limited to a combined total of 30 square feet in no more than two signs. e. No pennants, banners or streamers shall be installed on the property. f. The model home permit shall not be issued until the utility work is complete and the aggregate base of the street is constructed. The unpaved street shall not be used as access, parking or deliveries for the model home. 5. The Applicant’s proposal to bring in 25,000 cubic yards of fill is approved subject to the following: a. The Applicant shall submit a geotechnical report from a licensed professional engineer prior to issuance of any permits that indicates that the soils present on the site and as brought in are adequate to support the construction of the homes and other structures. b. The Applicant shall restore all disturbed portions of the property with slopes no steeper than 3:1. c. The Applicant shall install a double row of silt fence to protect the wetlands and must show the double fencing on the plans. d. The Applicant shall restore ground cover within seven days after grading is completed. e. The Applicant shall submit a construction management plan. f. The truck route shall be determined with the final plat application. 6. The base of the sidewalk shall be installed at the same time as the street. The pavement must be completed prior to the construction of the fifth home in Block 1 (with an exception for winter construction). No financial guarantees for the sidewalk shall be released until the sidewalk is completed. Disclosures for the first homebuyers indicating that the sidewalk will be constructed on the north side of the new street shall be submitted with the final plat application. 7. The Applicant may alter the typical wetland buffer requirements as proposed behind lots 5 and 6. The revised buffer shall include the same or greater square footage as a 35-foot buffer. The buffer may not be narrower than 25 feet from the edge of the wetland. 8. A subdivision sign shall be permitted with this development subject to the limitations in 1201.03 Subd. 11 e. (1) (a) and shall be at least five feet from public rights-of-way. 9. The bollards shall be the responsibility of the installation, operation and maintenance is the responsibility of the homeowners’ association. The bollards must be a minimum of three feet away from any fire hydrant. 10. The Applicant has proposed to submit contributions toward affordable housing and infrastructure projects when the first certificate of occupancy is issued. Any such contributions must be formally accepted by the City Council by separate action. 2 11. The lots areas and widths for each residential property shall be as shown and approved on the final plat. 12. The approval for the PUD Development Stage Plan shall expire in six months from the date of approval if the Applicant has not submitted a complete application for PUD Development Plan, except that the Applicant may request an extension to the approval subject to the requirements of Section 1201.25 Subd. 6. c. (5). ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD Minnesota on February 22, 2021. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk 3 RESOLUTION 21-023 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE VILLAS AT SHOREWOOD VILLAS ADDITION FOR PROPERTY LOCATED NORTH OF HIGHWAY 7 BETWEEN EUREKA ROAD AND SEAMANS DRIVE WHEREAS, Stoddard Companies (the “Applicant”), has submitted a request for preliminary plat for the property legally described as: Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the following described part thereof; commencing at the intersection of north line of Highway Number 7 with the west line of Lot 26; thence east along said highway distance 210 feet; thence north parallel with west line of Lot 26 distant 210 feet; thence west parallel with said highway line 210 feet; thence south to beginning, and except part taken for highways, all as shown on the Warranty Deed dated December 8, 2016 and recorded on January 3, 2017 as Doc. No. A10403226, of record in the Office of the Hennepin County Recorder. (the “Property”) And, WHEREAS, the request for the preliminary plat has been submitted in the manner required for the platting of land and the review of variances under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly consistent thereunder; and, WHEREAS, said preliminary plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood, subject to the conditions listed herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the preliminary plat to be called “Villas at Shorewood Village”, is hereby approved, subject to the following conditions: 1. The preliminary plat is approved contingent on the approval of Resolution 21-022 approving a PUD Development Stage Plan for the Villas at Shorewood Village. 2. The preliminary plat for 14 lots for single-family homes and two outlots is approved according to the plans and materials received November 20 and December 29, 2020 and February 11, 12, and 16, 2021. 3. With the final plat application, the Applicant shall submit all information required for the PUD final plan/final plat in the zoning and subdivision regulations, as well as the following, consistent with City Code and the engineering guidelines/specifications: a. The homeowner association (HOA) documents, which must include disclosures on the maximum impervious surface coverage per lot and language addressing maintenance of the sidewalks, light fixtures, wetland buffers and signage, stormwater features, signage and all other common elements. b. The legal descriptions for any easements not shown on the plat (conservation easements and sidewalk easements) and the maintenance agreement. c. The separate sidewalk disclosures for the first homeowners in Block 1 informing them when the sidewalks will be constructed. d. The construction management plan including, but not limited to: the haul route for the material to be imported, contractor parking, 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. e. The approval of hydrant locations from the Excelsior Fire District. f. The assignment of impervious surface coverage for each lot not to exceed 25 percent for the total development or the design of the storm water management plan for the subdivision. g. Revised plans consistent with the Engineer’s Memo dated February 16, 2021 and as follows: 1) Revise the tree preservation plan/grading plan to: a) reconsider grading to save trees on the periphery of grading activity. To be considered saved, no activity is permitted within the drip line of the tree and fencing is required to be installed; b) remove impacts to trees on adjacent properties or submit signed agreements from the affected property owners granting permission for the removal; and c) revise the grading plan to save trees 28, 29 and 30. 2) Revise the signage plan to indicate that wetland buffer monuments shall be placed at each lot line and as the buffer changes direction. 3) Revise the plat to: a) include drainage and utility easements over the wetlands and wetland buffers or put drainage and utility easements over the entirety of the outlots; and b) consider including the area of required wetland buffers into the outlots. 4. Prior to release of the subdivision, the Applicant shall submit the following: a. Executed conservation and sidewalk easements, maintenance agreement for the stormwater features and a development agreement for the public improvements, grading, landscaping, etc. b. Payment of the following fees: park dedication ($91,000); local sanitary sewer access charge ($16,800); and water connection charge ($140,000 each with credit for the extension of the watermain and the portion of the water services in the right-of-way). c. Submission of all required financial guarantees. d. Any required permits from other agencies. 5. Prior to issuance of building permit, the Applicant shall submit or complete the following: a. Submit proof of recording for the subdivision, including the resolution, easements, HOA documents, and agreements. b. Submit a soils report from a licensed professional engineer that indicates the soils present on the site and brought in are adequate for the construction of the structures. c. Install the wetland buffer monuments, except for the permit for the model home. d. Prior to construction of improvements on the lots, the Applicant must acquire the appropriate permits, including right-of-way permits. 6. The preliminary plat shall expire in 180 days if the Applicant has not submitted a complete application for final plat. The Applicant may request an extension to the approval subject to the requirements of Section 1202.03 Subd. 2. f. (3). 2 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of February, 2021. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk 3 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-024 A RESOLUTION TO PURSUE LOCAL ROAD IMPROVEMENT PROGRAM GRANT FOR MINNETONKA BOULEVARD WITH THE CITIES OF GREENWOOD AND DEEPHAVEN WHEREAS, $75 million in Local Road Improvement Program (LRIP) funding is available through the Minnesota Department of Transportation, with a cap of $1.25 million for each project, and WHEREAS, the City acknowledges that LRIP funds can be used on reasonable elements associated with roadway construction and that other costs, including but not limited to: consultant engineering and inspection, utility construction, as well as construction costs above LRIP award will need to have alternate funding sources, and WHEREAS, Minnetonka Boulevard. between Ferncroft Drive in Shorewood and Vine Hill Road in Deephaven, is a road of regional significance because it is one of few roads that facilitates through traffic from the south side of Lake Minnetonka to the north side of the lake (and vice versa). WHEREAS, the portion of Minnetonka Boulevard that is under consideration has shared jurisdiction between the cities of Deephaven, Greenwood, and Shorewood, and WHEREAS, the roadway surface is in poor condition and need to be improved with a new bituminous surface using varying construction techniques including reconstruction, reclamation, and mill and overlay, and WHEREAS, the roadway drainage is in poor condition and will be improved by replacing culverts and adding storm sewer at various locations along the corridor, and WHEREAS, roadway safety will be improved by extending culverts in some locations to provide safe end treatments and cross slopes, and WHEREAS, the improvements benefit the trunk highway system and the county road system by providing an alternative route between TH 7 and Hennepin County Road 101, and WHEREAS, the cities of Deephaven, Greenwood, and Shorewood have agreed to pursue a joint project to improve Minnetonka Blvd. in 2022. NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood, Minnesota: 1. The City Council supports the above-mentioned improvements and agrees to maintain such improvements. 2. The City Council supports submittal of the LRIP application. 3. The City Council provides assurance that the city, along with its project partners, will pay all costs associated with the project beyond the LRIP grant award. 4. The City of Shorewood will act as the project sponsor for the project should the project be awarded LRIP funds, and that such sponsorship shall include the following responsibilities:  Be the fiscal agent on behalf of the project partners and have funds flow from MnDOT to the city to the contractor.  Request SAP number for the project.  Ensure the project meets milestones and dates.  Assist project partners in execution of a grant agreement.  Develop, review, and approve the plan.  Submit plan, engineers estimate, and proposal to the DSAE.  Advise, let, and award the project.  Submit pay requests to State Aid.  Communicate progress and updates with the DSAEs and State Aid Programs Engineer.  Ensure that the project receives adequate supervision and inspection.  Assist with project close out. nd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of February, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 10A.1 CITY OF SHOREWOOD OFFICIAL PUBLICATION Important Information Regarding Property Tax Assessments This may affect your 2022 property taxes The in-person Open Book Meeting for Shorewood originally scheduled for April 21, 2021 has been cancelled due to the pandemic. The purpose of this meeting is to determine whether property in the jurisdiction has been properly valued and classified by the assessor. The Hennepin County Assessor’s office has established two (2) virtual Open Book Meeting dates of Tuesday, April 27, 2021 from 10:00 a.m. to 6:30 p.m. and Thursday, April 29 from 8:00 a.m. to 4:30 p.m. A Microsoft Teams meeting link will be forwarded. If you believe the value or classification of your property is incorrect, please contact Appraiser Mike Smerdon at 612) 267-4480 to discuss your concerns. If you disagree with the valuation or classification after discussing it with your assessor, they will provide additional guidance. This notice is provided pursuant to MN Statute §274.01. Sandie Thone, City Clerk Posted: February 10, 2021