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07-27-20 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 27, 2020 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. For link issues at meeting time, call 952.960.7906. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes from July 13, 2020 Minutes B. Approval of the Verified Claims List Claims List C. Liability waiver City Administrator Memo D. Approve Expenditure for Purchase of Public Works Director of Public Works Memo Equipment, One Utility Terrain Vehicle (UTV) E. Approving contract with MPCA for GreenCorps employee City Administrator Memo Resolution 20-073 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Chief Mike Meehan South Lake Minnetonka Police Department City Administrator Memo budget presentation B. Chief Curt Mackey Excelsior Fire District budget presentation City Administrator Memo CITY COUNCIL REGULAR MEETING AGENDA – July 27, 2020 Page 2 6. PARKS A. Report by Commissioner Gallivan on July 14, 2020 Park Commission Meeting Minutes 7. PLANNING A. Report by Commissioner Gault on July 7, 2020 Planning Commission Meeting Minutes B. Conditional Use Permit to Import 1,230 cu. yds. of fill Planning Director Memo Location: 23100 Summit Ave Resolution 20-074 Applicant: Clayton and Jennifer Tessness C. Variance to Expand and Rebuild a Nonconforming Garage Planning Director Memo Location: 20940 Ivy LaneResolution 20-075 Applicant: Shilun Li and Tsuhua Chan 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for Beverly Drive & Cajed Lane Engineer Memo Drainage Improvements, City Project 20-03 Resolution 20-076 B. Approve Plans and Specifications and Advertise for Bids for Engineer Memo Mary Lake Outlet, City Project 19-08 Resolution 20-077 C. Right of Way Agent for City Projects 18-08, 19-05 and 19-09 Engineer Memo Resolution 20-078 9. GENERAL/NEW BUSINESS A. Timber Lane Access City Administrator Memo 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. June 2020 General Fund Budget Report Finance Director Memo 2.Second Quarter 2020 Investments Report Finance Director Memo B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 13, 2020 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Acting Mayor Labadie called the meeting to order at 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 met via electronic means. A. Roll Call Present. Councilmembers Johnson, Labadie, Siakel, and Sundberg; 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: Mayor Zerby B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote – ayes – all. Motion passed 4/0. 2. CONSENT AGENDA Acting Mayor Labadie reviewed the items on the Consent Agenda. Sundberg moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes from June 22, 2020 B. Approval of the Verified Claims List C. Appointment of Tim Kosek to LEO-Utilities position D. Approval SLMPD-Excelsior Dock Patrol Agreement E. Approval of 2020 City Code Update Supplement S-15, ORDINANCE 572 “An Ordinance Enacting and Adopting the 2020 S-15 Supplement to the Code of Ordinances for the City of Shorewood Minnesota, and RESOLUTION NO. 20- 068, “A Resolution Approving Publication of Ordinance 572 Enacting and Adopting the 2020 S-15 Supplement to the Code of Ordinances for the City of Shorewood.” 2A Roll Call Vote – ayes – all. Motion passed 4/0. 3. MATTERS FROM THE FLOOR Ron Zenk, 5435 Timber Lane, noted that he had submitted a petition to the Council from all property owners along Timber Lane requesting a permanent barrier and parking signs that reserve parking for Timber Lane residents and guests. He stated that this is an older matter that the Council dealt with in 2016. He stated that there is a Tonka Bay resident that continues to use the access point from Timber Lane as a driveway into his backyard, even though the Council had turned him down for an incidental use of right-of-way. He stated that it is beyond the occasional use in the spring and fall and has become a routine practice to use this access point. He stated that he had spoken with City Administrator Lerud and put up assign that stated, “Timber Lane Guest Parking”. He explained that sign disappeared last week, and a new sign appeared that said, “Please Do Not Block Our Driveway”. He stated that this resident already has a full driveway with eight-foot setbacks on both sides of his house as well as easy access to his backyard. He stated that none of the other residents in the neighborhood have two driveways. He stated that he believes the neighbors have done what they can and have been very patient and are now requesting that the Council direct staff to look at installing a permanent barrier to prevent vehicle access into the backyard from Timber Lane into Tonka Bay and, if possible request that the parking be designated for Timber Lane residents and their guests. Acting Mayor Labadie stated both she and Councilmember Johnson went out and looked at the site. She asked Councilmember Johnson and City Administrator Lerud to weigh in on the situation. Councilmember Johnson stated that he visited the site on July 4, 2020 and the cul-de-sac was full of cars that he assumes were guests. He stated that he did see the sign that said, “Please Do Not Block My Driveway” and felt it seemed out of place. City Administrator Lerud noted that the e-mail he received from Mr. Zenk, did not have a petition attached and asked for him to resend that information. He stated that this has been an ongoing issue since 2016 when the property owner in Tonka Bay was denied an incidental use of right-of- way permit by the Council. He explained that this resident subsequently applied for a driveway permit, but no action was ever taken on it. He stated that staff has been over there and according to the neighbors the use has increased. He stated that staff’s opinion is that the expense for a guardrail or barrier would be too much for just two properties and noted that putting boulders or trees is something that the city has been getting away from because it effects maintenance and plowing. He stated that if the use of his access point has increased to more than just once or twice a year, the City can follow up on that or can take other direction that the Council may give. Councilmember Johnson stated that he stuck his head into the access a little bit, and it looks like there is some sort of hobby farm activity that is happening which is what the access appears to be used for. City Administrator Lerud stated that he has forwarded pictures of the two signs that were put up to Tonka Bay and has asked Tonka Bay to review their ordinance and follow up. Councilmember Siakel stated that she also looked at the area and remembers talking about this years ago. She stated that the situation has not changed and clearly, they have created a driveway that empties onto Timber Lane and it is a mess. She stated that she is somewhat 2A unclear as to where the boundary is between the two cities. She stated that the City is presently looking at our fire lanes and have discussed some ways to restrict motorized traffic and asked if something similar could be done in this situation. She stated that it is clear this neighbor is misusing this access onto Timber Lane. City Administrator Lerud noted that he had informed Mr. Zenk that parking is allowed all the way along the west side of the cul-de-sac, so there is no parking prohibition. Councilmember Sundberg stated that the City has been dealing with the situation for years and this resident obviously does not respect the rights of others. She stated that she is okay with our putting some sort of a barrier in there and just living with the inconvenience for the utilities in the area. Acting Mayor Labadie asked if City Administrator Lerud had any suggestions for actions the City should take moving forward. City Administrator Lerud stated that he thinks staff should have a conversation about what the possibilities are in this situation and get back to the Council by the next meeting. Councilmember Sundberg stated that she would encourage staff to do something more aggressive. Gretchen Piper introduced herself to the Council and stated that she is a candidate for Minnesota State Senate in District 43. She stated that she currently lives in Wayzata and grew up in Hamel. She stated that she has spent most of her life in this area and explained that both she and her kids attended Orono schools. She stated that she completed her MBA at the University of Minnesota. She stated that she thinks it is important for a Senator to represent our values and be willing to put their shoulder to the wheel for the work that needs to be done in the local communities. She stated that she is running because she does not feel that is happening right now nor are the community values being represented in the State legislature. She shared examples of some of her work experience and stated that she sees herself as a moderate that will be able to work across party lines to accomplish the important business of our State. She stated that she welcomes any questions or feedback and encouraged people to reach out to her. She thanked the Council for letting her have some time at the Council meeting. Councilmember Sundberg asked about her interest in elder care. Ms. Piper stated that she recently worked with Lutheran Social Service and they utilize a model of volunteer assistant to the elders as well as some professional care. She stated that most of her experience is on the care side of the equation. 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS - NONE 6. PARKS - NONE 7. PLANNING - NONE 8. ENGINEERING/PUBLIC WORKS A. Amendment to Professional Service Agreement, Barr Engineering for Grant Street Drainage, City Project 18-04 Public Works Director Brown explained that on June 10, 2019, the City approved an agreement for professional services with Barr Engineering to perform hydrological analysis for the Grant 2A Street project. He reviewed the original components and parameters of the agreement. He stated that the City purchased a parcel on Grant Street, demolished the existing structure and had hoped to construct a stormwater pond on a portion of the parcel and sell off the remaining portion as a buildable lot to try to recoup some of the project costs. He explained that Barr Engineering has studied this drainage issue at length and found that the addition of the proposed upstream storm sewer gets water there faster than it does today. He stated that permitting agencies looked at the results of this drainage study and it turns out that the proposed pond will not able to contain the entire one-hundred-year event as well as a few other critical design frequencies. He noted that if the City expanded the proposed pond, it would require a dramatic amount of grading because it is near the upland areas of the parcel and would not be cost effective. He stated that they held a meeting with all the permitting agencies as well as the City of Excelsior and decided to look at alternative options. He stated that staff looked and would like to identify upstream areas for possible retention of stormwater to meet the 100-year frequency discharge rates downstream, specifically consider expanding the Our Savior’s Lutheran Church stormwater basin. He stated that staff would like to approach the church about this option and as part of this situation offer that the City would take over the maintenance agreement with Minnehaha Creek Watershed District. He explained that although the solution appears viable, it is outside the study areas of the initial proposal and will need additional surveys, soil borings and hydraulic analysis. Staff recommends proceeding with this amendment. Councilmember Siakel expressed her support for this amendment. Councilmember Sundberg stated that she echoes that support and noted that this has been an ongoing serious problem for the area residents, and she is in full support of this proposal. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20-069, “A Resolution Accepting and Amendment to the Proposal for Professional Services from Barr Engineering for Engineering Services for the Grant Street Improvement Project, City Project 18-04.” Roll Call Vote – ayes – all. Motion passed 4/0. B. Professional Services Agreement, WSB and Associates for Construction Inspection and Engineering Services, Woodside Road/Lane Reconstruction, City Project 19-04 Public Works Director Brown stated that on April 27, 2020, the Council approved plans and specifications and authorized for advertisement for bids for the Woodside Road and Woodside Lane reclamation and watermain extension project. He stated that the City had received bids on June 11, 2020 and awarded the contract to New Look Contracting on June 22, 2020. He explained that staff had solicited a proposal from WSB and Associates for engineering services associated with this project and noted that the City’s own street inspector will be assisting with these services. He stated that this project will continue under the review of the Minnesota State Archaeologist, the Minnesota Indian Affairs Council, and the Minnesota State Historical Preservation Office and will continue to be on site during the construction process. He noted that he expects this project to come in well under budget. Councilmember Johnson stated that he would like to see the trend of projects coming in under budget to continue. He stated that he believes this is the fourth project in a row that has come in under budget. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20-070 “A Resolution Accepting a Proposal for Professional Services from WSB for Construction Engineering 2A Services for the Woodside Road and Woodside Lane Project, City Project 19-04.” Roll Call Vote – ayes all. Motion passed 4/0. C. Professional Services Agreement, WSB and Associates for Construction Inspection and Engineering Services, Enchanted and Shady Island Reclaim, City Project 18-11 Public Works Director Brown stated that the Council approved plans and specification and authorized advertisement for bids on April 27, 2020. He stated that bids were received on Thursday, June 16, 2020 and the project was awarded on June 22, 2020 without the bid alternate. He stated that similarly to the previous agenda item, staff solicited a proposal from WSB to perform the construction engineering. He stated that this project will also continue under review of the Minnesota State Archaeologist, the Minnesota Indian Affairs Council, and the Minnesota State Historical Preservation Office and will continue to be on site during the construction process. He stated that he also expects this project to come in well under budget. He noted that Enchanted Point will not be included in this project based on feedback of the residents and will have an otta seal treatment, later, as part of a separate contract. Councilmember Siakel asked when the otta seal would be completed and whether it would be a major expense. Public Works Director Brown stated that the City would probably do the otta seal in the fall of the year and noted that it is a minor expense, similar to sealcoating. Councilmember Siakel expressed her appreciation for staff working with the residents to find a solution that they are happy with and noted that she will support this. Acting Mayor Labadie stated that she also feels Public Works Director Brown did a great job and feels that this highlights that when residents come to the staff and the Council with their concerns, they are listened to and sometimes the City alter plans. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20-071 “A Resolution Accepting a Proposal for Professional Services from WSB for Construction Engineering Services for the Enchanted and Shady Islands Street Reclamation Project, City Project 18- 11.” Roll Call Vote – ayes – all. Motion passed 4/0. 9. GENERAL/NEW BUSINESS A. Calling for Bond Sale for Projects City Administrator Lerud stated that the Council approved the Street Reconstruction Plan in May of 2020. He explained that the CIP proposes to use bond proceeds to fund a majority of the work which means the next step is calling for a bond sale. He stated that the original plan was to consider a sale in the third quarter, however the current environment is very favorable, so staff is asking Council to consider it now. Shannon Sweeney, David Drown and Associates, gave an overview of the details of how a bond sale would work in relation to the five-year Street Reconstruction Plan the City has adopted and the ten-year Capital Improvement Plan. He stated that they are recommending a 20-year term on the project financing which is twelve years on street costs. He stated that the bonds would be callable any time after February 1, 2027. He noted that they recommend purchasing a Standard and Poor’s Rating and reiterated that he thinks the current environment is very favorable to do the bond sale now. He explained the reasons behind adding the Smithtown Pond project to the 2A mix and noted that he thinks this is good planning from both a financial and bidding standpoint. He stated that staff is asking the Council to initiate the bond sale process at tonight’s meeting and noted that the interest rate will not be locked in until the award of sale on August 10, 2020 Councilmember Sundberg asked if Mr. Sweeney had any idea what the City’s credit rating will be. Mr. Sweeney stated that he expects it to be, at a minimum, AA+. Councilmember Johnson applauded the addition of Smithtown Pond so the City can take advantage of the expected low interest rates. He asked about the Shorewood Oaks drainage connections and whether staff had been able to inspect the locations yet. City Engineer Budde stated that staff has not gotten to that point yet or been able to confirm the depth of the connections that was discussed at the last Council meeting. Councilmember Johnson asked what flexibility the City should be putting into the bond understanding that there may be overruns that are not anticipated. Mr. Sweeney stated that they already have contingency built into the project costs for each of the projects. He noted that the City also can cover some of the contingencies with the available cash balances in the funds as well. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20-072, “A Resolution Providing for the Competitive Negotiated Sale of $7,500,000 General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2020A.” Roll Call Vote – Ayes – all. Motion passed 4/0. B. Presentation by Tim Litfin, Minnetonka School District Tim Litfin, Minnetonka School District, shared information on Tour deTonka which was scheduled for the first Saturday in August. He explained that due to COVID-19, it has been cancelled. He stated that they expect to be back strong next year. He stated that to help local food shelves, they have created a virtual event for a much lower fee. He noted that the entry fee will go toward the local ICA food shelves and participates will receive a Tour deTonka face mask. He noted that there are already about two hundred people signed up for the virtual event. He stated that as far as community education goes, there will be a catalogue but they are awaiting direction from the governor to see what the school year will look like for K-12 and they will adjust their offerings accordingly. He is hoping that the catalogue will be in mailboxes by August 15, 2020. Acting Mayor Labadie thanked Mr. Litfin for community educations efforts to adjust their offerings due to COVID-19 and noted that she understands the efforts that have gone into this community effort. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Public Works Director Brown stated that crews are in the thick of working on a lot of trees that need trimming and road patching. Councilmember Johnson thanked Public Works Director Brown for looking into the situation on Covington Road near Vine Ridge Road. 2A City Engineer Budde stated that the surveyors in the area around Strawberry Lane should be wrapping up in the next week or two. City Clerk Thone stated that candidate filing packets for the three seats will be available on July 17, 2020. She noted that there will be hard copies of the packets at City Hall, but they will also be available electronically through the website. She stated that candidate filing will be handled a bit differently this year and explained that they will ask the candidates that would like to file call and make an appointment with City staff rather than just showing up. She explained the filing fee or the petition in lieu of the fee process and noted that it can be done electronically. She stated that filing will open Tuesday, July 28, 2020 through August 11, 2020. She stated that there has been a significant number of election judges drop out due to concerns about COVID-19, so they have been working hard to staff their polling places. Councilmember Johnson asked if face masks are required when visiting City Hall. City Clerk Thone stated that staff are all wearing face masks and there is a sign out front that asks people to wear a mask when they enter City Hall. She explained that if people do not have their own, the City can provide one. She stated that the election judges will also be wearing masks and they plan to put up signs asking people to wear masks into the polling places as well. City Administrator Lerud stated that Governor Walz released the CARES funds a few weeks ago and set up a process for the City to claim its share which is about $579,000. He stated that he is hoping to have a report to the Council on the use of these funds by the next meeting or so. He stated that for the past few months, staff has been looking at the amount that the City of Excelsior bills the City of Shorewood for sewer conveyance from the 1991 agreement between the two cities. He stated that this review shows that it appears as though the City has been overpaying. He stated that he will keep the Council updated as they continue looking into this issue. Councilmember Siakel asked about fire lanes and confirmed that the Council can tour them individually rather than in a group tour. Planning Director Darling noted that fire lanes one through eight have been staked and are clearly marked. She stated that fire lanes nine and ten should be finished up before the end of week. Councilmember Johnson asked if there had been further discussions with the City of Excelsior on some of the other things that have been raised from the meeting he attended regarding collaboration with Shorewood. City Administrator Lerud stated that there have not been any additional discussions on this issue. Councilmember Johnson noted that one of the ideas raised at a recent Excelsior City Council work session meeting was the idea of a subcommittee that consisted of two members from Excelsior Council and two members from Shorewood Council. He stated that he would like to see this in play sooner rather than later. City Administrator Lerud asked if there were volunteers from the Council to participate in this subcommittee. Councilmember Johnson stated that he and Mayor Zerby are both interested in serving on this subcommittee. B. Mayor and City Council Acting Mayor Labadie stated that she had attended the meeting to try to finalize the budget for the Excelsior Fire District and noted that it will be brought back to the City when it is completed. 2A She noted that one thing she found interesting from the last meeting is that the Excelsior Fire District is treating every call that comes in as a COVID-19 response call. City Administrator Lerud stated that he believes the budget is very close to be completed and expects it to be presented soon. Councilmember Johnson asked if every call is being treated as a COVID-19 call whether that meant they are using new PPE for every single call. Acting Mayor Labadie stated that was the impression she got at the meeting but would have to confirm that with Chief Mackey. Councilmember Johnson stated that he hopes that they are looking at their policies with consideration of the PPE shortage at hospitals. Acting Mayor Labadie discussed quarantine policies if one of the responders comes into contact with a COVID-19 patient. Councilmember Johnson stated that he will reach out to Chief Mackey to get answers to his questions. 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of July 13, 2020, at 8:19 P.M. Roll Call Vote – ayes – all. Motion passed 4/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: July 27, 2020 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid Background: Claims for council authorization. 66257- 66275 & ACH 489,775.62 Total Claims $489,775.62 We have also included a payroll summary for the payroll period e July 19, 2020. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our resident budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay thes expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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The current statutory liability limits are $500,000 per claimant and $1,500,000 per occurrence. The City Council must also make a separate decision whether or not to purchase additional liability insurance from the LMCIT. Financial or Budget Considerations: Traditionally the city has not waived liability limits and purchased additional liability insurance. The proposed 2021 budget is being prepared as if that practice continues. Options: The City Council can do the following: 1. Not waive the statutory tort limits and purchase excess liability insurance coverage. 2. Waive the statutory limits and not purchase excess liability insurance coverage. 3. Waive the statutory limits and purchase excess liability insurance coverage. Recommended Action: Staff recommends that the City Council pass a motion to not waive statutory tort limits and to purchase excess liability insurance coverage. Next Steps and Timeline: Staff is working through the insurance renewal process for the November 1 renewal date. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2E Title/Subject: Approve Contract with MPCA for GreenCorps Employee Meeting Date: July 27, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Julie Moore, Communications and Recycling Coordinator; REGULAR Tim Keane, City Attorney Attachments: Contract and Resolution Background: At the May 11 meeting, the City council accepted a GreenCorps employee from the Minnesota Pollution Control Agency (MPCA) for 2020-2021. Julie Moore will supervise the employee, and their duties will support the activities of the Recycling Committee, as well as other environmental efforts the city is involved in. Financial or Budget Considerations: The employee remains in the employ of the MPCA, but the city is required to provide office space and the items normally provided to regular employees. The estimated cost to the city is under $4,000 for the duration of their assignment in Shorewood Recommended Action: Staff has reviewed the contract and recommends council approval by adopting the attached Resolution by simple majority Next Steps and Timeline: If approved, staff will execute the agreement and work with the MPCA to implement the program. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Minnesota GreenCorps host site agreement Program Year 2020 - 2021 Doc Type: Agreement SWIFT #: 178086 I.Purpose This Agreement is between the State of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency (MPCA), 520 Lafayette Road North, St Paul, MN 55155, using the Minnesota GreenCorps Program, herein after City of Shorewood, 5775 Country Club Rd., Shorewood, MN 55331, herein after .The Agreement delineates the terms, conditions, and rules of participation in the Minnesota GreenCorps Program for the 2020-2021 program year. II.Term of agreement Effective date: September 16, 2020, or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Expiration date: August 17, 2021, or until all obligations have been satisfactorily fulfilled, whichever occurs first. III.Authorized representatives is Cristina Villella, Minnesota GreenCorps Program Coordinator, 520 Lafayette Road North, St Paul, MN 55155, 651-757-2580, cristina.villella@state.mn.us or her successor. The Host Site Authorized Representative is Greg Lerud, City Administrator, 5775 Country Club Rd., 952-960-7900, . glerud@ci.shorewood.mn.us, or his/her successor this Agreement, the Host Site must immediately notify the MPCA. The Host Site supervisor is: Julie Moore, Recycling/Communications Coordinator, 575 Country Club Rd., Shorewood, MN 55331, 952-960-7906, jmoore@ci.shorewood.mn.us, or successor. If the supervisor(s) changes at any time during this Agreement, the Host Site must immediately notify the MPCA. IV.Member position description The Host Site, along with listed partners, will provide direction, supervision, and resources for the following Minnesota ; Waste reduction, recycling, and organics management member. GreenCorps member (Member) position (s)The MPCA is responsible for candidate selection, ensuring that selected members meet the eligibility requirements and qualifications outlined below. {;©Ýz-; ¦z·z Ò©ä Provide expertise and assistance to strengthen community resilience through waste prevention, recycling, prevention of wasted food, and composting/organics management. Increase knowledge about opportunities for production of local foods and ways to prevent food from being wasted. Members will assist in tracking the amount of food that is prevented from being wasted or rescued and sent to a food recovery organization, the creation and/or improvement of local food systems, including increasing access of community members to and education about healthy, sustainably grown food. Support host sites and/or their constituents in efforts to integrate sustainable waste management practices into daily operations. Educate community members, students, teachers, school administrators, and facility operations staff or members of the public on waste prevention and recycling issues. Member p environmental threats and the impacts of climate change through improved infrastructure and increased community resilience www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 1 of 10 Essential functions and measures for project success Implement or assist with initiatives to reduce or prevent waste generation, launch or improve organization-wide recycling, and/or launch or improve organization-wide organics management programs. Collect baseline data prior to project implementation, track and report results after implementation. Research, conduct, and analyze waste composition at a school or from a specific sector within the community to identify high priority opportunities and develop recommendations for improving reduction, recycling or organics management. Increase the capture and distribution of reusable materials in service community (i.e. implement campus-wide move in/move out reuse system, textile or building material reuse, reusable dishware and utensils). Inform host site and served community of existing state, county or city resources that can improve waste prevention, recycling or organics programs. Work with local units of government or existing groups to set up pilots on educating people on preventing food from being wasted. Create innovative ways to capture food that would be wasted and recover it for human consumption. Encourage food production practices that maximize environmental benefits and minimize impacts on water quality, native plant communities, the waste stream, energy consumption, and air quality. Implement and/or expand community outreach and education efforts related to the production and consumption of locally produced food. Include education on proper storage of produce, expiration dates and ways to minimize food from being wasted. to be distributed. ets, community gardens, and farm-to-school programs. Conduct surveys or collect pre/post information from participants in trainings, events, workshops, etc., on commitments to change and changes in behavior with waste reduction and organics management related practices. Develop a cost and benefit analysis of waste reduction, recycling, and organics programs. Marginal functions (not to exceed 340 hours) Mobilize volunteers to assist in the implementation of activities. Assist with additional sustainability-related projects as outlined in the air pollutant reduction, green infrastructure Host improvements, and community readiness and outreach position descriptions within the host site community. . Inform and educate host site employees, community organizations, and citizens about member projects and accomplishments via media and public outreach efforts. 9zmz,zz·ä ©;¨Òz©;;· Must be a minimum of 18 years or older. Must be a U.S. Citizen, U.S. National, or a lawful permanent resident alien of the U.S. Must be eligible to serve an AmeriCorps service term. Must consent to, and pass, a criminal history check. vÒzEz-·z Education A two-a four-year college program is required. A four-year efficiency, urban planning, ecology or biology, or another relevant aspect of the Minnesota GreenCorps program is preferred. Work skills Effective communication, presentation, and writing skills. Ability to build and maintain relationships. Ability to work well independently and on diverse teams. Ability to take initiative and effectively manage projects. www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 2 of 10 Ability to research and organize information. Functional computer skills: word processing, spreadsheet, database management. Interest/commitment Demonstrated interest in environmental topics, including energy and water conservation, active transportation, urban planning, local foods, recycling, environmental education, etc. Commitment to complete the 11 month (1,700 hour) AmeriCorps service term. Physical requirements Most positions are primarily based in an office setting and require sitting, standing, and operating a computer and telephone. Some positions may require light to moderate lifting, bending, stooping, pulling, kneeling, carrying, and use of hand tools. Some positions may require the ability to work outdoors in adverse weather conditions, such as wind, rain, high or low temperatures on challenging terrain for up to 8 hours at a time. While Minnesota GreenCorps members will be selected for placement based on their qualifications and commitment to service, host sites must understand that Members are not necessarily bringing highly specialized skills to their position. The Members are participating in the Minnesota GreenCorps program in order to give back to their communities and gain valuable skills and experience in the environmental field. Host sites will often need to invest time in on-the-job training for the Members. V.Responsibilities of the MPCA The MPCA, acting through the Minnesota GreenCorps Program Coordinator, supporting staff, and management, is responsible for providing oversight to the Minnesota GreenCorps Program on a statewide level, including Member management, site management, and compliance with all AmeriCorps regulations. The Minnesota GreenCorps Program Coordinator is an employee of the MPCA. A. Member selection process 1. Interviewing: The MPCA will accept and screen all applications for Member positions. The MPCA will sort and review applications, and select candidates for interviews. 2. Selecting: The MPCA will make selection decisions. The MPCA has the responsibility and authority to extend an offer for a position to an applicant, and will make the final selection decisions. 3. Background checks: The MPCA will conduct required background checks on applicants prior to their official start into the Minnesota GreenCorps Program. Member participation in the Minnesota GreenCorps Program is contingent upon passing all relevant background checks. B. Member management 1. Member training: The MPCA is responsible for coordinating the logistics and scheduling the Member trainings that occur throughout the year. The MPCA will reimburse travel expenses for Members to attend Minnesota GreenCorps-sponsored training. Member orientation(s) topics will include: AmeriCorps/Minnesota GreenCorps policies and procedures; OnCorps reports (the online reporting system for AmeriCorps programs); reporting requirements; training in topic areas; and safety, including right-to-know and emergency procedures. 2. Oversight: While the Host Site will provide day-to-day supervision, the MPCA will communicate regularly with the Host Site and site supervisor to ensure that the tasks and activities of the Member project align with the position description and goals of the Minnesota GreenCorps Program and the MPCA. The MPCA will work with the Member and host site to refine project measures throughout the term of service. The MPCA is also responsible for data compilation and reporting to interested parties including ServeMinnesota, the Corporation for National and Community Service (CNCS), MPCA management, and other interested parties. 3. Mentors: The MPCA will provide each Minnesota GreenCorps Member with a mentor that will provide technical assistance and support throughout the program year. 4. Member site visits: The MPCA will conduct up to two site visits during the year. Site visits will be scheduled by the MPCA with the Minnesota GreenCorps Member and site supervisor. 5. Monitoring program requirements: The Minnesota GreenCorps Program Coordinators will track and monitor each MMember ensure the Member will complete the minimum hour requirement by the end of program term. 6. Member personnel file: The MPCA will maintain a personnel file for each Member. 7. Member benefits: The MPCA is responsible for administering/overseeing Member benefits (as applicable) www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 3 of 10 qualifying Members in receiving federal student loan forbearance, child care reimbursement, and education awards from the corresponding government entities that provide such benefits. The MPCA will also provide travel reimbursement for approved expenses. 8. Reasonable accommodation: A reasonable accommodation is any modification or adjustment to a job, practice, or work environment that makes it possible for an individual with a physical or mental disability to perform the essential functions of a job. The MPCA must provide such accommodations, upon request by Members with disabilities, unless doing so imposes undue financial or administrative burden to the program. 9. Member discipline: The MPCA will work closely with the Host Site supervisor regarding setting expectations and, if necessary, administering discipline for performance-related issues, including but not limited to: tardiness, failure to meet deadlines, failure to complete service position duties, etc. 10. Grievance procedures: The MPCA will ensure that Member work problems are appropriately resolved; when necessary, the MPCA will ensure that Grievance Procedures are administered as prescribed in the Member Service Agreement. 11. Site re-assignment: In the event that a Host Site environment becomes unsuitable for a Member to continue their service work, the MPCA reserves the right to terminate the site partnership and move the Member to another site, should an opportunity exist. C. Member suspension, release from service, and termination 1. compelling personal circumstances. Host Site supervisors must actively work with the MPCA to address performance issues before suspension or release from service is considered. 2. vice for disciplinary reasons. Site supervisors must actively work with the MPCA to address performance issues before termination is considered. D. Host Site management 1. Training: Host site orientation topics will include: AmeriCorps/Minnesota GreenCorps policies and procedures, OnCorps reports, and reporting requirements. 2. Site visits: The Minnesota GreenCorps Program Coordinators and/or other MPCA staff will conduct up to two site visits with each site. The site visits will review progress in relation to the expectations laid out in the Site Agreement, celebrate success, and provide assistance in problem solving. 3. Monitor and approve in-kind: The Minnesota GreenCorps Program Coordinator will monitor in-kind reports submitted to OnCorps by the Site Supervisor, and will approve in-kind reports once proper documentation is received. 4. Background checks: The MPCA will conduct background checks on host site supervisors prior to the start of the Minnesota GreenCorps Program. Site participation in the Minnesota GreenCorps Program is contingent upon passing both background checks. VI.Host Site responsibilities The Host Site, acting primarily through the Host Site supervisor, is responsible for the following: A. Member support and management 1. 2. Supervision: Provide day-to-day professional supervision of the Minnesota GreenCorps member(s), equating to at 3.2 hours per week (0.08 full time employee [FTE]), least per member. Set a daily schedule with the Minnesota GreenCorps member to ensure a full-time member is serving approximately 40 hours/week, and then hold the member accountable to this set schedule. 3. Provide appropriate safety training and personal protective equipment PPE, including right-to-know and emergency procedures. 4. Workspace, computer access, supplies, materials. Provide reasonable workspace for Members to complete the tasks of their project. This includes a desk, phone, computer, access to office supplies, access to a printer, copy machine, materials needed for Minnesota GreenCorps member projects (displays, fact sheets, manuals, etc.). Members must have regular access to the internet for Minnesota GreenCorps-related purposes (i.e., completing timesheets, using the Minnesota GreenCorps website, checking email) as well as to complete the tasks of their project. It is recommended the host site provide a host site email address to the Minnesota GreenCorps member if possible. Host sites must provide Members with necessary equipment to complete the tasks of their project from a remote location if teleservice is required. 5. On-site training: Invite the Minnesota GreenCorps member to participate in relevant on-site training and/or staff meetings. Minnesota GreenCorps members may record this time toward their service hours. 6. Member professional development: Host sites are encouraged to provide at least $150 towards Member professional development, such as attending conferences, seminars, workshops, trainings, etc. www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 4 of 10 7.Work environment: Maintain a work environment that is welcoming, respectful, free of harassment and discrimination, and safe. Name badge: Provide the Member with a name badge, if required, according to the personnel policies of the host site. 8. Reasonable accommodation: Members with mental or physical disabilities have the right to request reasonable accommodations through their host site. The host site should work closely with the Minnesota GreenCorps Program 9. Grievance procedures: Discuss work problems with Members, engage in informal problem solving, and (if required) support the Grievance Procedures included in the Member Service Agreement. B. Insurance If the Members are using vehicles belonging to the Host Site organization to conduct business on behalf of the Minnesota GreenCorps Program, Supervisor responsibilities C. 1. Attend supervisor training: Supervisors are required to participate in a one-day Site Supervisor Orientation at the start of the program year to learn roles and responsibilities. If a host site supervisor is unable to attend the supervisor training, they must send another representative from the host site to receive proper training. 2. Approve timesheets: Verify the Member weeks through the OnCorps Reports online system. Member timesheets must be approved by supervisors on time for the Member to receive his or her living allowance. 3. Participate in site visits: Participate in a bi-annual site visit facilitated by the Minnesota GreenCorps Program Coordinator. The purpose of the visit will be to review progress in relation to the expectations laid out in the Site Agreement, celebrate success, and provide assistance in problem solving. 4. Maintain open lines of communication: Maintain open lines of communication with the Minnesota GreenCorps member, Minnesota GreenCorps Program Coordinator, and MPCA professional staff in relation to the Member role and performance. 5. Discipline/termination (if necessary): Ensure that Members comply with the terms of the Member Service Agreement. Host sites must be involved with resolving work problems of Members and may be involved in the Grievance Procedures. The Host Site Supervisor must notify and work closely with the MPCA Human Resources staff on disciplinary action. A site may not decide to terminate a Member. Only designated MPCA staff has the authority to suspend or release a Minnesota GreenCorps member from service for disciplinary reasons. 6. Complete performance evaluations: Complete a mid-year and end-of-year Member performance evaluation. 7. Submit in-kind documentation: Submit in-kind reports through the OnCorps Reports online system, and provide hard copy documentation. 8. Reportable and measurable outcomes: Oversee and approve the Member MPCA on project progress on forms and a timeline determined by the MPCA, and a final report that includes lessons learned and project measures for success. VII.Prohibited activities for AmeriCorps members While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, members may not engage in prohibited service activities, CFR § 2520.65.. A. Attempting to influence legislation. B. Organizing or engaging in protests, petitions, boycotts, or strikes. C. Assisting, promoting, or deterring union organizing. D. Impairing existing contracts for services or collective bargaining agreements. E. Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office. F. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, platforms, political candidates, proposed legislation, or elected officials. G. Engaging in religious instruction; conducting worship services; providing instruction as part of a program that includes mandatory religious instruction or worship; constructing or operating facilities devoted to religious instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship; or engaging in any form of religious proselytization. H. Providing a direct benefit to: i. a business organized for profit, ii. a labor union, iii. a partisan political organization, iv. a non-profit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986, or v. an organization engaged in the religious activities described above. I. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive. J. Providing abortion services or referrals for receipt of such services. K. service activities. L. Such other activities as CNCS may prohibit. www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 5 of 10 AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purposes of engaging in one of the activities listed. Individuals may exercise their rights as private citizens and may participate in the activities listed on their initiative, on non-AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. Fundraising restrictions A. AmeriCorps members may raise resources directly in support of program service activities. B. Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following: 1. Seeking donations of books from companies and individuals for a program in which volunteers teach children to read. 2. Writing a grant proposal to a foundation to secure resources to support the training of volunteers. 3. Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals. 4. Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization. 5. Seeking donations from alumni of the program for specific service projects being performed by current members. C. AmeriCorps members may not: 1. or endowment. 2. Write a grant application to the Corporation or to any other Federal agency. An AmeriCorps member may spend no more than 10% of his/her/their originally agreed-upon term of service, as reflected in the member enrollment in the National Service Trust, performing fundraising activities, per CFR § 2520.40. LLLub7Ò¦z-·z7z¦-;;· A. Nonduplication: Corporation assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of the nondisplacement clause (below) are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides, per CFR § 2540.100. B. Nondisplacement: 1. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. 2. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. 3. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 4. A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. 5. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that: i. Will supplant the hiring of employed workers. ii. Are services, duties, or activities with respect to which an individual has recall right pursuant to a collective bargaining agreement or applicable personnel procedures. 6. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any: i. Presently employed worker. ii. Employee who recently resigned or was discharged. iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick). v. Employee who is on strike or who is being locked out. IX.Harassment and non-discrimination policy www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 6 of 10 The MPCA and the Minnesota GreenCorps Program do not discriminate with regard to race, color, creed, religion, national origin, sex, marital status, familial status, status with regard to public assistance, membership or activity in a local human rights commission, disability, age, sexual orientation, gender identity, gender expression, and genetic information. Harassment based on the protected class status listed in the paragraph above is also prohibited, including both overt acts of harassment and those acts that create a negative work environment. Discriminatory harassment is any behavior based on protected class status that is unwelcome and personally offensive and, thereby, may affect morale and interfere with the M conduct relating to an ind Sexual harassment has also been specifically defined by the Minnesota Human Rights Act, which states in regard to employment, that: motivated physical contact or other verbal or physical conduct or communication of a sexual nature when: (1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment; (2) submission to or rejection of that conduct or communication by an individual is used as a factor in decision affecting that individual's employment; or (3) that conduct or communication has the purpose or effect of substantially interfering with an individual's employment, and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action. Discriminatory harassment may occur: 1) among peers or coworkers, 2) between managers and subordinates, or 3) between Members and the public. A. AmeriCorps program civil rights policy The Corporation for National and Community Service (CNCS) has zero tolerance for the harassment of any individual or group of individuals for any reason. CNCS is committed to treating all persons with dignity and respect. CNCS prohibits all forms of discrimination based upon race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, or military service. All programs administered by, or receiving Federal financial assistance from CNCS, must be free from all forms of harassment. Whether in CNCS offices or campuses, in other service-related settings such as training sessions or service sites, or at service-related social events, such harassment is unacceptable. Any such harassment, if found, will result in immediate corrective action, up to and including removal or termination of any CNCS employee or volunteer. Recipients of Federal financial assistance, be they individuals, organizations, programs and/or projects are also subject to this zero tolerance policy. Where a violation is found, and subject to regulatory procedures, appropriate corrective action will be taken, up to and including termination of Federal financial assistance from all Federal sources. or any other basis constitute harassment when it has the purpose or effect of interfering with service performance or creating an intimidating, hostile, or offensive service environment. Harassment includes, but is not limited to: explicit or implicit demands for sexual favors; pressure for dates; deliberate touching, leaning over, or cornering; offensive teasing, jokes, remarks, or questions; letters, phone calls, or distribution or display of offensive materials; offensive looks or gestures; gender, racial, ethnic, or religious baiting; physical assaults or other threatening behavior; or demeaning, debasing or abusive comments or actions that intimidate. CNCS does not tolerate harassment by anyone including persons of the same or different races, sexes, religions, or ethnic origins; or from a CNCS employee or supervisor; a project, or site employee or supervisor; a non-employee (e.g., client); a co-worker or service member. I expect supervisors and managers of CNCS programs and projects, when made aware of alleged harassment by employees, service participants, or other individuals, to immediately take swift and appropriate action. CNCS will not tolerate retaliation against a person who raises harassment concerns in good faith. Any CNCS 7 employee who violates this policy will be subject to discipline, up to and including termination, and any grantee that permits harassment in violation of this policy will be subject to a finding of non-compliance and administrative procedures that may result in termination of Federal financial assistance from CNCS and all other Federal agencies. Any person who believes that he or she has been discriminated against in violation of civil rights laws, regulations, or this policy, or in retaliation for opposition to discrimination or participation in discrimination complaint proceedings (e.g., as a complainant or witness) in any CNCS program or project, may raise his or her concerns with our Office of Civil Rights and Inclusiveness (OCRI). Discrimination claims not brought to the attention of OCRI within 45 days of their occurrence may not be accepted in a formal complaint of discrimination. No one can be required to use a program, project or sponsor dispute resolution procedure before contacting OCRI. If another procedure is used, it does not affect the 45-day time limit. OCRI may be reached at 202-606-7503 (voice), 202-606-3472 (TTY), eo@cns.gov, or through http://www.nationalservice.gov/. B. Complaint procedures Members have the right to report a concern or complaint about discrimination or discriminatory harassment to their Host Minnesota GreenCorps Program Coordinators, the MPCA Community and Business www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 7 of 10 Assistance Development Manager, or to the MPCA Human ResourcesDepartment. In fulfilling the obligation to maintain a positive and productive work environment, Host Site supervisors, tMinnesota GreenCorps staff, and the MPCA Human Resources Department are expected to address or report any suspected discrimination or discriminatory harassment. The following is the contact information for the MPCA Human Resources Office: Human Resources Office Minnesota Pollution Control Agency 520 Lafayette Road North Saint Paul, MN 55155 651-757-2587 (voice) 651-296-5341 (fax); Kellie.McNamara@state.mn.us (email) Members also have a right to contact other local, state, and federal government agencies, including: Office of Civil Rights and Inclusiveness Corporation for National and Community Service 1201 New York Avenue, NW Washington, D.C. 20525 202-606-7503 (voice); 202 565-2799 (TTY) 202-565-3465 (fax); eo@cns.gov (email) C. Retaliation It is unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, Members may bring a complaint to the attention of CNCS. X.In-kind contributions The MPCA does not charge a fee for participation in the Minnesota GreenCorps Program. However, host sites are expected to provide in-kind contributions in the form of supervision, operating costs (office space, internet, telephone), and equipment costs associated with hosting a Member. The expected contribution for hosting one Member is $5,500, broken down into the following categories: Estimated minimum Category contribution per Member Supervision (at least 0.08 FTE, 3.2 hours per week) $4,000 Operating costs (office space, internet connection, phone connection, $1,500 computer purchase or rental, office equipment) Host sites will be required to verify all in-kind contributions, including how expenses were calculated. Host site supervisors are required to report their in-kind supervision hours in OnCorps Reports, the online system for Minnesota AmeriCorps programs. In-kind contributions cannot be provided from a federal source of funds, unless permission has been provided from the granting federal agency. Host sites are expected to maintain any source documentation for seven years. XI.Recital A. Under Minn. Stat. § 15.061 the State is empowered to engage such assistance as deemed necessary. B. The State is in need of agreeing upon rules of participation, roles, and responsibilities for Host Sites. C. The Host Site represents that it is duly qualified and agrees to perform all services described in this Contract to the satisfaction of the State. XII.Survival of terms The following clauses survive the expiration or cancellation of this Contract: Indemnification; State audits; Government data practices; Governing law, jurisdiction, and venue; and Data disclosure. A. Indemnification In the performance of this incurred by the State, to the extent cause 1. Intentional, willful, or negligent acts or omissions. 2. Actions that give rise to strict liability. 3. Breach of contract or warranty. www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 8 of 10 The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the B. State audits Under Minn. Stat. § 16C.05, subd. 5, the Host Si practices relevant to this Contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Contract. C. Government data practices Government data practices. The Host Site and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Host Site under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. ch. 13, by either the Host Site or the State. If the Host Site receives a request to release the data referred to in this clause, the Host Site must immediately notify Si D. Governing law, jurisdiction, and venue Minnesota law, without regard to its choice-of-law provisions, governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. E. Data disclosure Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the Host Site consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state agencies, and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the Host Site to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities. XIII.Certification This Agreement serves as a binding contract between the Host Site and the MPCA for the 2020-2021 program year. The terms of this Agreement will end on August 17, 2021. The MPCA may cancel this Agreement at any time, with or without Amendments to this Agreement may be made only with the consent of both parties and shall be done in writing. If a Member exits the Minnesota GreenCorps Program early either for cause or compelling personal circumstances, or is relocated to a different Host Site, th Host Site. Failure to adhere to policies or to fulfill responsibilities outlined in this Agreement will become part of the selection criteria in the event of a re-application process for future year programs. Termination for insufficient funding . The State may immediately terminate this Agreement if it does not obtain funding from ServeMinnesota or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered here. Termination must be by written or fax notice to the Host Site. The State is not obligated to pay for any work performed after notice and effective date of termination. However, the Host Site will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature or other funding source not to appropriate funds. The State must provide the Host Site notice of the lack of funding within a reasonable time of the State's receiving that notice. By signing this Agreement, I acknowledge that I have read, understand and agree to all terms and conditions of this Agreement. www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 9 of 10 Host Site The Host Site certifies that the appropriate persons have executed the Agreement on behalf of the Host Site as required by applicable articles, bylaws, resolutions, or ordinances. {zm·Ò©; z·; b; {zm·Ò©; 5·; \t1\ \n1\ \s1\ \d1\ \t2\ \n2\ \s2\ \d2\ \t3\ \n3\ \s3\ \d3\ \t4\ \n4\ \s4\ \d4\ \t5\ \n5\ \s5\ \d5\ www.pca.state.mn.us 651-296-6300 800-657-3864 Use your preferred relay service Available in alternative formats p-mgc2- Page 10 of 10 RESOLUTION NO. 20-073 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION ACCEPTING APPOINTMENT OF GREENCORPS EMPLOYEE FROM THE MINNESOTA POLLUTION CONTROL AGENCY AND APPROVING CONTRACT WHEREAS, The City of Shorewood, Minnesota (the "City"), has applied to host an AmeriCorps member from the Minnesota GreenCorps, a program of the Minnesota Pollution Control Agency (MPCA), for the 2020-2021 program year; and WHEREAS, the MPCA has selected the City of Shorewood to be a host site and the City of Shorewood is committed to implementing the proposed waste reduction, recycling and organics implementation projects as described in the host site application, and in accordance with pre-scoped position description; and WHEREAS, on May 11, 2020, the City Council accepted the GreenCorps employee assignment for 2020-2021; NOW THEREFORE BE IT RESOLVED THAT the Shorewood City Council hereby approves the contract as presented with the MPCA to host the GreenCorps employee for 2020-2021 and authorizes the City Administrator to sign the agreement on behalf of the city. th Adopted this 27 day of July, 2020. _____________________________ Scott Zerby, Mayor ATTEST ________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 5A Title/Subject: Approval of the 2021 SLMPD Proposed Budget Meeting Date: July 27, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Proposed 2021 SLMPD budget Background: The 2021 SLMPD operating budget is proposed to increase by 4.2% from 2020 to $3.06 million in 2021. Shorewood’s share of the operating budget, based on the funding formula, is proposed to be $1.347 million, which represents a $54,707 increase over the 2020 contribution. Options: Chief Meehan will be at the meeting on July 27 to answer questions you have about the proposed budget. The budget as presented has been recommended for approval by the SLMPD Coordinating Committee. Recommended Action: Staff has been using the proposed budget in its preparation of the 2021 city budget and levy and recommends approval as presented. Next Steps and Timeline: Staff will continue discussions about the entire 2021 budget through final approval in December. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 5B Title/Subject: 2021 Excelsior Fire District Budget Approval Meeting Date: July 27, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Proposed 2021 EFD Budget Policy Consideration: Should the City of Shorewood approve the draft 2021 Excelsior Fire District budget? Background: The 2021 EFD budget is proposed to increase 2.95% from the 2020 budget, which is an increase of $52,407. The budget proposes to increase the use of reserves to bring the departments funding in line with their adopted policy. Shorewood’s share is proposed to increase 2.5% or $16,327 to $668,296 in 2020. This proposed budget has been approved by the EFD Board. Chief Curt Mackey will be at the meeting to answer questions you have regarding the proposed budget. Financial or Budget Considerations: These numbers have been incorporated into the city’s budget planning process and is at a level that is acceptable to staff. Recommended Action: Staff recommends the City Council approve the 2021 EFD budget as presented. Next Steps and Timeline: City Staff will continue work on the entire 2021 budget. 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 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, JULY 14, 2020 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 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 the MN Statute 13D.02, the Shorewood Parks Commission met by electronic means. A. Roll Call ; Present: Chair Mangold, Commissioners Hirner, and GallivanPlanning Director Darling; Parks and Recreation Director Grout; Public Works Director Brown Absent: Commissioners Vassar and Schmid B. Review Agenda Hirner moved to approve the agenda as presented. Gallivan seconded the motion. Roll Call Vote: ayes – all. Motion carried 3-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of March 10, 2020 Gallivan moved to approve the minutes of the March 10, 2020 meeting as presented. Hirner seconded the motion. Roll Call Vote – ayes – all. Motion carried 3-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. Recap of Park Tours Chair Mangold noted that with everything going on in the world, the Park Tours were conducted individually this year. He suggested that the Commission go through park by park and review what is going on at each park and what they noticed at each of the parks that may need some work. Freeman Park: There was discussion regarding this being a major sports park in the City and that its function has been quite successful. One issue they felt needed to be addressed is the ballfield washout. The Commission discussed the fencing on the ballfields and the need to do something because they are coming up out of the ground. They discussed concerns shared by the community gardeners about the area by the entrance and their difficulty in getting seed to PARK COMMISSION MINUTES TUESDAY, JULY 14, 2020 6 PAGE 2 OF take and their question of whether the City had sprayed something in that area or if there had been run off. The Commission noted that the building near the men’s bathroom is starting to eat away and one of the gutters is dumping the water right down the side of the building. Public Works Director Brown stated that he has asked for a placeholder in the CIP to do improvements to the field, including a retaining wall to address the wash out issues. He noted that he has asked Bolton and Menk to take a look at the situation and make a recommendation. He noted that one potential solution for the fencing issue is to embed the fence post in a sleeve so the sleeve can float and the fence is free to stay put. He stated that he will get a price for that, as well. He noted that he will talk to their licensed applicator and noted that they have been accused of spraying the garden by wind drift in the past, but because the applicator is licensed, they are pretty cognizant of wind drift, but possible run off could be a valid issue. He stated that he is planning to start steering the sprayers further away from the community gardens so there is more of a buffer. He stated that he is going to seek a quote for replacing the gutters that are near the men’s bathroom and perhaps adding gutters to the pavilion side to try to redirect the water so there can be decent grass in the area. Cathcart Park: The Commission discussed the possibility of the playground equipment at this park being the next to get updated. They discussed the other small concerns at the park such as the chains on the basketball hoop, tree branches hanging over the court on the south end of the basketball court, and the plastic edging around the swing set area. The Commission discussed the increasing requests for a gaga ball pit and the possibility of working on this goal with a local Eagle Scout. The Commission discussed the awkward layout of the playground and the possibility of updating it to have all the equipment in one area so it isn’t quite so disjointed. Gideon Glen Park: Park and Recreation Director Grout shared feedback she had gotten from Commissioner Schmid that there needs to be railings on the long hill entering the area. Public Works Director Brown stated that he also needs to go walk through this park and the trail. Badger Park: The Commissioner discussed loose ends that are being finished up for this park to be completed. The Commission is in agreement that aesthetically the park is looking great and the surface on the playground is very nice. The Commission noted that the Little Free Library also needs some attention and noted that there appears to be a possible erosion issue on the path behind the lacrosse field. The Commission expressed concerns about the amount of trash left lying around this field and that the people using the field are not taking good care of it. They discussed feedback from residents that the playground equipment at all the City parks get quite hot and may not be used as much as it could be because parents are concerned that it may be a hazard to their children. The Commission discussed the necessity of the City having a strategy for the turf. Public Works Director Brown stated that one issue he noticed at this park is that where the posts are mounted to the concrete for the structure, the bolts stick up about 4 inches which is a problem and will need to be addressed. Planning Director Darling noted that the stone pillars around the bases should cover everything when they are completed. Silverwood Park: The Commission discussed whether Cathcart or Silverwood Park were in rougher shape and discussed which park should have the playground equipment updated first. PARK COMMISSION MINUTES TUESDAY, JULY 14, 2020 6 PAGE 3 OF One Commissioner shared his opinion that while the park looks old, it is more functional than Cathcart Park. Another Commissioner stated that he felt Silverwood Park was in rougher shape than Cathcart because there is a lot of bare metal, the equipment seemed more worn than at Cathcart, and the retaining wall blocks were starting to shift. The Commission shared concerns about the big slide landing area and suggested putting in some playground safe mulch or other material to help cushion this area. The Commission noted that the stairs going up to the top of the slides are in good shape, but the railings are in rough shape and in some places are completely rotted away. The Commission expressed their concern that the port-a-potty truck was backing up onto the surface and creating ruts in the new surface and asked about the possibility of putting in bollards or something to prevent trucks from driving in this area. The Commission stated that they felt the new bench that was put in looks very nice. The Commission discussed that the possibility of removing the slide and replacing the old playground equipment with new rather than just attempting to repair the issues. The Commission noted that there are 2 or 3 dead trees along the pond area that should be removed. Public Works Director Brown stated that Public Works has tried many materials in the location by the slide and has been a constant issue. He suggested that it may make sense for the City to invest in the rubber landing surface because it is not a large area. He noted that removing the slide may also make sense because the insurance carriers have pretty much outlawed this type of metal slide. He stated that Public Works has a new bucket truck, so they can start to address many of the tree issues in the City, such as dead trees. Manor Park: The Commission expressed the opinion that this park is an excellent showcase of community involvement. They noted that even amidst the COVID-19 pandemic the park has been extensively used. The Commission expressed mild concern about the parking lot layout and ndrd confusion about where to park. One Commissioner noted that home plate, 2 base and 3 base are sticking way out of the ground and noted that they need to be pushed further down so they are not a safety hazard. They noted a conversation with some residents about the surface of the tennis courts and suggested a sign warning people that if they haven’t played on this type of surface before it can be slick, especially when it is wet. The Commission discussed the pond and its appearance. Public Works Director Brown noted that typically the leagues maintain the ballfields, but Public Works will take a look. He stated that the pond is not quite as clear as he would hope, but it is 90% better than it used to be and doesn’t have the thick green algae that it has had in the past. He stated that he thinks the pond improvements was well worth the money the City spent and feels residents will continue to see improvement in the pond. South Shore Community Park: The Commission discussed the community park and its capacity. The Commission discussed the possibility of expanding the community garden space if there is enough demand. The Commission discussed the possibility of planting a tree or two between the entrance and Highway 7 so it isn’t so open in that area. Park and Recreation Director Grout noted that she has a waiting list for space at the community garden next year. She noted that the community gardens at both South Shore and Freeman Park were very popular this year and, in some cases, she had to turn people away. There was a Consensus of the Commission that they were in support of expanding the community garden space if there is sufficient demand from the community. PARK COMMISSION MINUTES TUESDAY, JULY 14, 2020 6 PAGE 4 OF Public Works Director Brown stated that preparing this land will not be difficult, but he will need to know by the fall so they can prepare the land before winter. Park and Recreation Director Grout stated that she will plan to update the Commission on how many plots she has already reserved for the following year so they can make a decision about expanding the community gardens. Commissioner Gallivan asked if the City ever collaborated with the local schools to celebrate Earth Day related to planting trees or vegetation. Planning Director Darling stated that Earth Day falls pretty early in the year for planting trees. Chair Mangold stated that he knows the schools have done activities at Gideon Glen and Freeman Parks, but does not think it has been something formalized through the City. Christmas Lake Boat Access: Public Works Director Brown shared that the City has a significant issue out there. He explained that the Christmas Lake Homeowner’s Association purchased the gate operating system with the plans of having a number system for boat inspections and decontamination. He stated that this was blocked by the DNR numerous times and it doesn’t seem like it will be approved any time in the future. He stated that there is an ongoing issue with the operating system for the gate, so the City has been operating it by just having the gates up and not closed at 10:00 p.m., as planned. He stated that he gets requests every now and then for this gate to be operational, which makes sense if there is going to be a system there. He stated that the last quote he received was just over $5,000. He stated that the City would have to schedule it as a CIP item and could hopefully put in a more simplistic system to help minimize the cost. Commissioner Hirner stated that overall, he felt the parks looked really good this year and thanked Public Works Director Brown and his crew for all their hard work. Chair Mangold stated that he agreed. B. Determine Liaison to City Council Meetings July 27 – Commissioner Gallivan August 24 – Chair Mangold September 28 – Commissioner Hirner October 26 – To Be Determined November 23 – To Be Determined December 28 – Commissioner Gallivan Park and Recreation Director Grout stated that she will contact Commissioners Schmid and Vassar to assign the October and November meetings based on their preferences. 5. OLD BUSINESS - NONE 6. STAFF AND LIAISON REPORTS / UPDATES A. City Council B. Staff PARK COMMISSION MINUTES TUESDAY, JULY 14, 2020 6 PAGE 5 OF Fire Lane Report o Planning Director Darling noted that the next step in looking at Fire Lanes throughout the City was to look at them individually and think about what their allowed current use is and if there are any others that would be appropriate for both summer and winter usage. She explained that Fire Lanes 1 – 8 are finished and have been clearly marked. She stated that she will let the Commission know when Fire Lanes 9 and 10 have been marked so the Commission can tour them. Chair Mangold asked if this was ultimately going to be a Planning Commission recommendation and asked about the process. He stated that he understands that the Park Commission is being asked to give input, but asked who would make the decisions. Planning Director Darling stated that both the Planning Commission and the Park Commission would be giving recommendations to the Council. She stated that she is planning to set up a joint meeting between the Planning Commission and the Parks Commission sometime in August. Chair Mangold noted that he has driven by most of the fire lanes and his overall vibe is that the usage is very inconsistent. He stated that his hope with this review is that the City can come to some sort of consistent message and use for the fire lanes. He asked if all of the fire lanes were legally required to remain for emergency access to the lake. Planning Director Darling stated that these fire lanes have not been used for fire purposes for decades. She stated that at this point, they are just serving as community lake access. Public Works Director Brown stated that according to the Fire District, those fire lanes would never be used for tanker operations anymore. He asked if there were different classes of fire lanes in the original study. Planning Director Darling explained that from the study conducted in the 1980s there are three classes of fire lane. She outlined the classifications and noted that Class 1 allows for pedestrian access, fishing, kayak or canoe launching, swimming, and cross-country skiing. She asked the Commissioners to physically go and visit all the fire lane locations and be ready for discussion and a recommendation to the Council. Update on Eddy Station and Badger Park o Planning Director Darling stated that Badger Park is essentially done except for the stone bases around the picnic shelter which will hide the visible bolts that Public Works Director Brown was concerned about. She stated that the painting project at Eddy Station has been finished and looks better. She thanked Parks and Recreation Director Grout for shepherding the painting project. Commissioner Hirner asked about the tennis court at Badger Park. Planning Director Darling stated that it will be started in late September. She explained that they will get all of it done, except for the surface, and let it sit over the winter and then put the smooth finish on it in the spring, after the ground has settled. Chair Mangold asked if there were any additional updates regarding the City of the Council. PARK COMMISSION MINUTES TUESDAY, JULY 14, 2020 6 PAGE 6 OF Planning Director Darling stated that the Council has been working on a flurry of engineering projects. She stated that the bond rates are very favorable right now so there are quite a few street and stormwater projects that are moving forward. Public Works Director Brown gave a brief overview of some of the planned projects and noted that the Smithtown Pond project has been bumped up to this year because of the favorable bond rates and construction costs being down. Parks and Recreation Director Grout stated that Music in the Park was July 9, 2020 and there were 192 people which is the largest group ever for this event. She stated that it was a nice event and people did socially distance. She stated that all the other park programs have been cancelled for the summer except for Music in the Park and Movie in the Park. Commissioner Hirner asked if the Movie in the Park flyer could be posted at each park. He noted that he had seen it at few of the parks, but not all of them. Public Works Director Brown stated that it should have been displayed at all the parks, but will have staff double check. Planning Director Darling stated that the City has been working with some donations to put in bleachers at Badger Park off the lacrosse field. She stated that there has been over $3,000 raised thus far so this project may be able to move forward soon. 7. ADJOURN Hirner moved to adjourn the Park Commission Meeting of July 14, 2020 at 8:13 p.m. Gallivan seconded the motion. Roll Call Vote – ayes – all. Motion carried 3-0. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JULY 7, 2020 7:00 P.M. -DRAFT- MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:05 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 Planning Commission meeting was held by electronic means. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gault and Riedel; Planning Director Darling; Communication Director Julie Moore, and Council Liaison Siakel Absent: Commissioner Gorham 1. APPROVAL OF AGENDA Riedel moved, Gault seconded, approving the agenda for July 7, 2020, as presented. Roll Call Vote: Ayes – all. Motion passed 4/0. 2. APPROVAL OF MINUTES  May 5, 2020 Riedel moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of May 5, 2020, as presented. Roll Call Vote: Ayes – all. Motion passed 4/0. 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. He gave an overview of how residents can participate via electronic means. A. PUBLIC HEARING – CONDITIONAL USE PERMIT (CUP) TO IMPORT 1,230 CUBIC YARDS OF FILL Applicant: Clayton and Jennifer Tessness Location: 23100 Summit Avenue Planning Director Darling gave an overview of the application for a CUP to bring in 1,230 cubic yards of fill where 100 cubic yards is allowed without a CUP. She stated that the applicant has calculated the amount of fill needed for a building pad for the proposed new home. She reviewed some of the concerns with the CUP and noted that these are all outlined in the suggested CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 2 of 9 conditions. She noted that the proposed haul route to the site would be: Galpin Lake Boulevard to Melody Hill Road and then to Hummingbird Road/Summit Avenue and leaving the site would be: Summit Avenue to Murray Hill Road to Chaska Road to State Highway 7. She stated that staff supports the proposed haul route but recommends only one truck on Summit Avenue/Hummingbird Road at the time. She stated that staff intends to document the condition of the road before and after the fill is brought in and will require the applicant to repair any damage that is caused by truck traffic. She stated that the applicant has proposed to maintain a double row of silt fencing on the site to keep the fill material at the construction site. She stated that staff is also recommending that the applicant spray the site with water during delivery and dry windy days to keep the dust down. She stated that streets will need to be swept daily when grading is occurring to reduce sediment in the stormwater runoff. She reviewed the requirements and timeline to stabilize the site once the construction is completed. She noted that staff has received 3 letters as part of the public input which are now part of the public record. Planning Director Darling presented the 3 letters to the Commission and outlined the concerns raised in each of the letters. Vicki Franzen, 6260 Hummingbird Road, listed concerns as: inadequate notice to surrounding properties; narrowness of Hummingbird Road; impact of truck traffic on Hummingbird Road; load restrictions for Hummingbird Road and Summit Avenue. Ms. Franzen expressed her opinion that only Summit Avenue be used for delivery of materials. She would also like to have residents receive notice of the timing of the project and when the deliveries will begin and end. Kevin and Sue Quist, 6301 Hummingbird Road, listed their concerns as: using Hummingbird Road for delivery because of the narrowness of the road; impacts to Hummingbird Road and would like to know how the City will monitor this and how limiting the trucks to one at a time would be enforced. Planning Director Darling explained that the Building Official will be monitoring the enforcement of the truck traffic. Charlie Howley, Public Works Director, Chanhassen, submitted a letter outlining some recommended limits. Planning Director Darling noted that City staff is in support of all of the suggested limits presented by Chanhassen. Commissioner Eggenberger asked about the concerns raised by Chanhassen and asked if the trucks would have to travel through Chanhassen to get to the property. Planning Director Darling gave an overview of the roads and where they cross City boundaries. Commissioner Riedel asked what range of values the City has seen in terms of this type of CUP request. He asked if there have been other projects that have asked for a comparable amount of fill. Planning Director Darling stated that there was an application in March of 2020 where they planned to bring in 1,300 -1,500 cubic yards of fill. She stated that she can also remember reviewing an application in the last 3 years from someone who asked to remove about 2,000 cubic yards of material from his site. Chair Maddy asked about the weight limits on the roadway and the concerns raised by Chanhassen that the trucks abide by the 7-ton weight limit. He asked if the City had a similar weight limit on the roadways. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 3 of 9 Planning Director Darling noted that this is a typical road weight for a fire engine and is per axel, so City streets have to be designed to at least that road limit. She stated that the City does not have a particular weight limit but would have to abide by that limit since the Chanhassen roads were not designed to carry more weight than that. Commissioner Riedel stated that Hummingbird Road was apparently repaved recently and expressed concern about the relatively new roadway now have quite a bit of duress from the dump trucks. Planning Director Darling noted that Summit Avenue was recently repaved but had not heard that Hummingbird Road was also repaved. Commissioner Gault stated that he drove the area today and Galpin Lake Boulevard is also quite narrow, even for a normal sized vehicle, but noted that Murray Hill and Chaska Road are full width roadways. He stated that he feels it would make sense to use the shortest route on a narrow roadway rather than the longest route. Commissioner Riedel stated that the applicant can speak to that issue, but he is assuming that they are planning for the trucks to come in from one direction and leave in a different direction so the trucks can be kept moving. Clayton Tessness stated that he had thought he was just about ready for a building permit when he found out he needed a variance. He stated that they tried to do what would cause the least wear and tear on the new roads and explained how that factored into their proposed haul route. He explained that they are not big builders and this will be their personal home, so he wants to make the neighbors happy and not tear up the roads in the process. He stated that he went and introduced himself to all the neighbors last week and all of the people located in Shorewood were excited to meet him and supported the project. He stated that he did not go into Chanhassen because he was not aware that they had received letters. He stated that he did go and visit with all the people from Chanhassen that had sent letters. He stated that he understands their concerns because of the age of the road. He stated that Mr. Howley from Chanhassen actually made him feel a bit better about the weight of the trucks and told him it would be unlikely that they would cause any damage to the roadways. Commissioner Eggenberger asked what the time frame will be from the first truck unloading the last truck unloading. Mr. Tessness stated that he would hope that it would be under two weeks and noted that weather will be a key factor. He noted that there will need to be engineers on site to test the soil compaction rates. Commissioner Gault stated that Mr. Tessness thought he was ready for a building permit and asked if that was why he had not applied for a variance for the fill. He stated that he is a bit concerned that the City approved one variance with no indication that there would be another variance coming up right behind it. Mr. Tessness explained that he didn’t have any indication either and noted that there was just a lot of confusion for him throughout this process. He stated that he was pretty shocked that he needed a CUP on top of the other variance. Commissioner Gault asked about the provisions for protecting the property to the west. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 4 of 9 Planning Director Darling stated that there is a double retaining wall in that area. Commissioner Gault stated that the retaining wall will not go all the way to the street. Planning Director Darling stated that it does not but the slopes that will be left should be 3:1 and then will also have retaining walls to help hold of the west side of the lot. Commissioner Gault expressed concern about the cliff at the edge of the street and noted that both he and Commissioner Riedel were out looking at the property today. Commissioner Riedel stated that he was unsure if the area was a foundation from a structure that had been demolished because there is new foundation. He stated that he understands what Commissioner Gault is referring to and explained that there is a cliff that drops off from Summit Avenue and with all the fill there will also be a cliff that drops off the new residence to the west. He stated that there will be a drop off where the retaining walls end directly towards the west. He stated that it may still meet the 3:1 slope criteria which can be confirmed by the engineers. Engineer Matt Bauman stated that the retaining walls tie into the slopes on the west side, for the most part. Commissioner Gault asked how high the bottom retaining wall will be. Engineer Bauman stated that the bottom one is 8 feet tall near the corner and taper down to match the existing slope as it reaches Summit Avenue and noted that the inner wall is about 7 feet at is highest. He noted that the City has had the applicant modify the plans to create a swale that will keep the water on their property and away from the property to the west as much as possible. Commissioner Gault asked what the setback requirements are for retaining walls. Planning Director Darling stated that there are no setback for retaining walls. Chair Maddy explained how people can participate in the public hearing. He opened the Public Hearing at 7:39 P.M. noting the procedures used in a Public Hearing. Todd Organ, 23090 Summit Avenue, stated that he has several concerns about this project. He stated that in addition to the trucks bringing in fill, there will also be a lot of boulders hauled in because of the large retaining wall. He stated that he has concerns regarding the impact to the roads and also concerns about children in the area with all the truck traffic coming in and out. He stated that the roads in the area are very narrow. He noted that he also has issues with the placement of the garage and gave a suggestion for a different placement. He stated that if it can be avoided, he would prefer not to have this driveway kiss his driveway. He stated that they are concerned about the properties to the north and north west and shared some concerns regarding drainage in the area. He stated that their well is in front of their home and the current driveway proposal brings it very close to their well. Chair Maddy reminded the participants that the only issue being discussed at tonight’s meeting is the CUP for bringing in fill and noted that the house design has already been approved. Laura Liedtke, 6231 Hummingbird Road, stated that they have dealt with construction for years on their road. She stated that she is concerned about the children on the street with the truck traffic. She noted that currently there are 9 children under the age of 13 that live on this street. She stated that this project is planning to use the City of Chanhassen’s road to get to the property CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 5 of 9 and asked the City to be mindful of these concerns and feels the two cities should be talking to each other about how this can be accomplished safely and without road destruction. She reiterated her concern for all the children that run up and down this street. Vicki Franzen, 6260 Hummingbird Road, stated that she was not one of the residents notified regarding this project, but was contacted by one of the nearby residents that was notified. She stated that she then shared this with other residents in the area. She stated that she understands the City met the legal requirement for notification, but feels that more people in the area should have been notified. She noted that Hummingbird Road has not been recently paved as was mentioned by one of the Commissioners earlier in the meeting. She stated that over the last 7 years they have had all the construction traffic from the home’s construction as part of the Summit Avenue PUD. She stated that she thinks using Summit Avenue would be the most safe route and would keep the trucks off of Hummingbird Road. She expressed concern about residents being able to use the street and emergency vehicles being able to access the streets on days when the trucks are hauling fill. She asked the Commission to strongly consider using the Shorewood route of Summit Avenue and not Hummingbird Road. Marilyn Zupnik, 6200 Hummingbird Road, asked where the fill will be dropped off and where the trucks will be stopping because there is a visibility issue near the lot. She asked if traffic would be able to drive through the area, as usual. Mr. Tessness stated that they are planning to just unload at the site and then move out one truck at a time. Ms. Zupnik asked if it would be done at the top of the hill or in another area. She stated that she has safety concerns with the hairpin curve. Mr. Tessness stated that he understands her concerns and they plan to be as mindful as they can and would like to just come down Hummingbird Road to Summit Avenue and turn downward toward the hill and back up onto the lot to drop the load. He stated that the only time he can see traffic being inhibited are the few moments where they have to turn and back up into the lot. Ms. Zupnik reiterated her concern about additional parking along the street and gave examples of service or lawncare trucks being parked along the road. She noted that there are many No Parking signs currently in the area, but it does not seem to be enforced. Mr. Tessness noted that he doesn’t think this will be a typical construction site and noted that he would be completing some of the work himself. He stated that he understands Ms. Zupnik’s concern and assured her that they do not want anyone to get hurt. He encouraged area residents to call him if there ends up being an issue. Christy LaCourse, 23080 Summit Avenue, asked if Mr. Tessness was a builder or if this is his first time building a house. Mr. Tessness explained that he is a licensed contractor and used to do a lot of additions and remodel jobs about 20 years ago. He stated that his primary focus now is painting, but explained that he does have experience. Ms. LaCourse stated that they agree that it makes the most sense to just keep the trucks on Summit Avenue because it will impact less people. There being no additional comments, Chair Maddy closed the Public Hearing at 8:04 p.m. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 6 of 9 Commissioner Gault stated that the Chanhassen City Engineer wants the applicant to be fully responsible for repairs and reconditioning of Hummingbird Road if there is any damage. He asked if Mr. Tessness was aware of that request. Mr. Tessness stated that he doesn’t understand how the City of Chanhassen could make him sign an agreement since he is not building in Chanhassen. He stated that he spoke with them and believes everything they are asking for is understandable but does not think they will make him sign a legal agreement. Commissioner Gault asked if Mr. Tessness had seen the letter that was sent to Planning Director Darling. Chair Maddy summarized the letter outlined five things that Chanhassen would like to see included in the CUP. He stated that it appears that they are asking for a photo documentation of the before and after condition of the roadways. Mr. Tessness stated that he knew that is what they were asking for but isn’t sure how it ties into the CUP because he thought that was a separate situation with Chanhassen. He stated that if the Commission is okay with him just using Summit Avenue, he would be fine with that. His only concern would be potential weather delays because of the steepness of the road. He stated that he came up with the alternate haul route along Hummingbird Road because he thought that is what the City was looking for. Chair Maddy asked which route he would take if he didn’t have to take into consideration the neighbors. Mr. Tessness stated that he would like to have both options but would definitely be willing to only utilize Summit Avenue. Commissioner Riedel stated that it can certainly be a condition of the CUP that Mr. Tessness is required to enter into an agreement with the City of Chanhassen regarding the roadways. He asked if Mr. Tessness would enter into a similar binding agreement with the City if this project ends up only utilizing Summit Avenue. Mr. Tessness stated that he believes that there are already stipulations included in the CUP regarding the damage to the roadways. He noted that it may be difficult to determine who is responsible for the damage though because there is another house being built right next door. He agreed that if they do damage, they should fix it similar to a “you break it, you buy it” sign. Engineer Bauman stated that he is not overly concerned about potential damage to the roadways and thinks they should be able to handle it, as long as the trucks are not overloaded and are using appropriate axels. Planning Director Darling stated that staff plans to video the condition of the roadway before the project and after construction. Councilmember Siakel stated that these things have come up before Council in the past and regardless of whether it is Chanhassen or Tonka Bay, we share our roads and there have been plenty of construction projects that have overlapped with other cities. She stated that there is a formula that can be used to calculate how much money may need to be contributed for damage. She stated that the City has never had a homeowner be responsible for the road and there have CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 7 of 9 been some large projects that weren’t required. She stated that the roads are a City responsibility and suggested that the conversation move back to whether the Commission feels this CUP request is reasonable. She stated that this project has a home that has already been approved. Commissioner Gault stated that he is concerned about the comment that this is a home that has already been approved. He stated that it was approved when the homeowner knew that there would be significant fill required. He stated that there was already a variance approval that seemed reasonable when he just wanted to build closer to the street, but Mr. Tessness did not indicate that this much fill was going to be required to basically rebuild the entire hillside. He stated that he feels like this was a deliberate move and not accidental by the property owner. He stated that there is a way to build on this lot without bringing in this quantity of fill. Mr. Tessness apologized if he has given the impression that this was done deliberately. He stated that a large part of bringing in the fill is erosion control. He stated that he does not want a flat yard and if there is a way to build on this lot without bringing in this much fill, he would be interested. He stated that he was not aware that he would need a CUP in order to build his home and this was not a deliberate move. Commissioner Gault stated that it sounds like he is saying that the City told him he would need the fill. He asked how much fill was brought in for the other properties in the area. Mr. Tessness noted that the property next door has a wall that was grandfathered in to come across right-of-way which he was not allowed to do by the City. Engineer Bauman stated that the City did not direct Mr. Tessness that he had to put in the wall for erosion control, but it certainly helps. He stated that by building the house, they are increasing the impervious surface and they have to do some kind of rate control for the stormwater and with a steep site, putting the wall in with the rain garden definitely helps. He noted that the retaining walls in the right-of-way was what was not allowed which is why the driveway has been pushed to its current location. The Commission discussed the recommended conditions and haul route options and supported the use of Summit Avenue. Riedel moved, Eggenberger seconded, recommending approval of the Conditional Use Permit request to import 1,230 cubic yards of fill by Clayton and Jennifer Tessness at 23100 Summit Avenue, subject to staff conditions as listed in the report and that the truck traffic haul route be changed to Summit Avenue. Roll Call Vote: Motion passed 3/1 (Gault). Planning Director Darling noted that this will be on the City Council agenda on July 27, 2020. 4. NEW BUSINESS A. Variance to expand and rebuild a nonconforming garage Applicant: Shilun Li and Tsuhua Chen Location: 20940 Ivy Lane Planning Director Darling explained that this is a request for a front setback variance in order to construct a new garage on the property 4.25 feet from the front property line when the zoning regulations require 30 feet. She explained that the existing home was constructed in 1920 and the existing garage sits just under 5 feet from the front property line. She stated that they would CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 8 of 9 like to expand the garage to 2 stalls in roughly the same location as the current building. She reviewed the practical difficulties and unique circumstances of this lot related to the request. She noted that there is no area on the property where a variance would not be needed in order to construct this garage. She stated that the proposed location would fit in with the neighborhood and a 2-car garage would conform with the parking spaces for vehicles. She reviewed the recommended conditions staff is recommending. Commissioner Gault asked about the other easements on the property. Shilun Li, stated that when he was looking at an old survey, there appears to be an easement near the storm drains and noted that there are 2 storm drains underneath the property. Commissioner Riedel asked about how safe it is to back in and out onto a road with the garage being 4 feet from the road. Planning Director Darling stated that it is 5 feet from the front property line and there is boulevard area between the road and the street. Commissioner Riedel stated that makes much more sense and feels this proposal is an improvement to what is currently in place. Chair Maddy stated that it was listed in the report that the residents of the house are not currently using the existing garage. He asked if the intent of this building is to use the building as a warehouse or to let the tenants use the garage. Mr. Li stated that the tenants will use the garage. Commissioner Gault stated that the language of the condition should be changed then to reflect that the tenants shall use the garage and not “could”. Chair Maddy stated that he didn’t think that was included in the conditions. Commissioner Gault stated that it was listed in the variance criteria. Chair Maddy stated that he feels the Commission can discuss it, but it does not need to be a condition of approval. Commissioner Gault asked why the garage was 14 feet tall with windows on the upper level. Mr. Li stated that they intend to have storage on the wall because there is not much space inside. He stated that if he ever lives there himself, he would like to be able to have a hydraulic jack in order to fix his own car which was another reason for a higher building. Commissioner Riedel stated that he feels this request is reasonable. Commissioner Eggenberger stated that he agreed and would support the request. Chair Maddy asked about the amount of impervious surface that will need to be removed and whether it would be possible to do without taking out the structure. Planning Director Darling stated that she believes the garage can be designed in a such a way as to remove some of the impervious surface. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 9 of 9 Riedel moved, Gault seconded, to recommend approval of the variance to the front setback at 20940 Ivy Lane, subject to the staff conditions as listed in the report. Roll Call Vote: Motion passed 4/0. 5. OTHER BUSINESS A. Fire Lane Tours Information Planning Director Darling stated that this item serves as a reminder of the homework assignment for the Commission to tour the fire lanes individually. She suggested waiting until the weekend to tour the sites because the surveyor has shared that not all of the fire lanes have been clearly marked yet. She stated she is planning to schedule a joint meeting in August with the Parks Commission and the Council to discuss the results. She gave an overview of what staff would recommend the Commission consider when they are out touring the sites. Councilmember Siakel asked that residents that live nearby be made aware that the Commissioners will be coming out individually to tour the area so they are not surprised. 6. MATTERS FROM THE FLOOR - NONE 7. REPORTS • Liaison to Council Council Liaison Siakel reported on matters considered and actions taken during the most recent Council meeting (as detailed in the minutes for that meeting). • Draft Next Meeting Agenda Planning Director Darling stated there is a variance application for a front setback and a Comprehensive Plan amendment/rezoning/PUD concept plan for next Planning Commission meeting. 8. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of July 7, 2020, at 8:59 P.M. Roll Call Vote: Motion passed 4/0. #7B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Clayton and Jennifer Tessness. – CUP for Fill in Excess of 100 Cubic Yards to Construct a New Home at 23100 Summit Ave Meeting Date: July 27, 2020 Prepared by: Marie Darling Review Deadline: October 22, 2020 Attachments: Planning Staff Memorandum Correspondence Received Resolution Background: See the attached planning memorandum for detailed background on this item. At the July 7, 2020 meeting, the Planning Commission voted 3:1 (Gault opposed) to recommend approval of the conditional use permit to import 1,230 cubic yards of material where over 100 cubic yards requires a conditional use permit. The Planning Commission recommended approval with the condition that the haul route be revised to bring the trucks up and down Summit, rather than the applicant’s proposal for a circular route. The Commission found that the direct route up and down Summit affected the fewest residents. The applicant was present and spoke in favor of the request. Five people from the public requested to speak and three letters were submitted, including one from Charlie Hawley, Public Works Director for the City of Chanhassen. All three are attached. The speakers brought up many concerns including truck traffic, blocking the road with deliveries, concern that Chanhassen’s roads would be impacted more than Shorewood’s, parking of contractors, and similar concerns. Financial or Budget Considerations: The applicant’s application fees cover the cost of processing the request. Options: Approve, deny or modify the attached resolution. Approval or denial of a conditional use permit requires a simple majority of the Council members present. Recommendation / Action Requested: Staff and the Planning Commission recommended approval of the conditional use permit based on the findings that the conditional use permit standards have been met. Proposed Motion: Move to adopt the attached resolution approving a conditional use permit for Clayton and Jennifer Tessness for property located at 23100 Summit Avenue, as recommended by the Planning Commission and subject to the conditions in the attached resolution. Next Steps and Timelines: If the item is approved, the applicant could complete their building permit application. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\Planning\Planning Files\Applications\2020 Cases\23100 Summit Ave two Applications\2020 CUP\CAF.docx RESOLUTION 20-074 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW 1,230 CUBIC YARDS OF FILL FOR JENNIFER AND CLAYTON TESSNESS FOR PROPERTY LOCATED AT 23100 SUMMIT AVENUE WHEREAS , Clayton and Jennifer Tessness (Applicant), has applied for a conditional use permit for property in the City of Shorewood, legally described as: Lot 277, Auditor’s Subdivision No. 135, Hennepin County, Minnesota WHEREAS , the applicant has proposed to import 1,230 cubic yards of material where 100 cubic yards is permitted without a conditional use permit; and WHEREAS , after required notice, the Planning Commission held a public hearing and reviewed the application on July 7, 2020, the minutes of which meeting are on file at City Hall; and WHEREAS , the City Council considered the application at its regular meeting on July 27, 2020, at which time the planning memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, the public and from the City staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. Section 1201.03 Subd. 9 of the City Code allows up to 100 cubic yards of material to be imported to a site without the approval of a conditional use permit. 2. All properties in the City of Shorewood are permitted to import more than 100 cubic yards of fill to the property subject to the approval of a conditional use permit. 3. The applicant’s proposal is identified on the application and plans submitted to the City on June 16, 22, and 24, 2020. CONCLUSIONS 1. The Applicant’s plans have been considered in relation to the specific policies and provisions of the Comprehensive Plan and found to be consistent. 2. The Applicant’s plans indicate: 1) the new home and improvements proposed would be compatible with the neighborhood and would not tend to depreciate the area; 2) would not be detrimental to the public health and safety; and 3) the use can be supported with the existing public services. 3. The Applicant’s plans have satisfied the criteria for the grant of conditional use permits to import 1,230 cubic yards of material, subject to the following conditions: a. The haul route to bring the fill into the property shall be into and out of the neighborhood using Summit Avenue. b. Only one truck at a time may access the property for delivery of materials. c. The applicant shall install and maintain a double row of silt fence through the entirety of the project. d. The applicant shall restore ground cover within seven days after grading is completed. e. The applicant shall use water to spray the fill during delivery and in dry periods to control dust. f. No vehicles may be parked on Summit Avenue. g. Prior to approval of the building permit, the applicant shall amend the construction management plan to include the approved haul route, to include spraying the material to control dust, that only one truck at a time will be permitted on Summit Avenue, to incorporate traffic flagging during the deliveries, and to identify where the staging area for trucks will be. h. The applicant shall submit an executed maintenance agreement for the infiltration basin proposed for rate control. i. Disturbed portions of the property must be restored with slopes no steeper than 3:1. j. The applicant shall be responsible for repairing any damage to Summit Avenue. 4. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27 day of July, 2020. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk 2 #7C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Front Setback Variance to Expand/Rebuild an existing garage Applicant: Shilun D. Li and Tsuhua S. Chen Location: 20940 Ivy Lane Meeting Date: July 27, 2020 Prepared by: Marie Darling, Planning Director Review Deadline: September 26, 2020 Attachments: Planning Staff Memorandum Resolution Background: See attached memorandum for detailed background on this item. At their July 7, 2020 meeting, the Planning Commission voted unanimously to recommend approval of the variance request to allow a front setback variance to allow an existing garage to be rebuilt and expanded 4.25 feet from the front property line where 30 feet is required, based on the finding that the applicants have met the variance criteria and subject to the conditions in the attached resolution. The applicant was present at the meeting; no one from the public requested to speak. Financial or Budget Considerations: The application fees cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request based on the findings that the criteria for a variance have been met, specifically that the applicant has identified that there is a practical difficulty in complying with the regulations and that the request is the minimum variance necessary to alleviate the practical difficulty, subject to the conditions in the attached resolution. Motion requires a simple majority to adopt. Next Steps and Timelines: If the variance is approved, the applicant may apply for a building permit. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\Planning\Planning Files\Applications\2020 Cases\20940 Ivy Var\CAF Memo.docx SURVEY FOR ROBERT BUSHNELL AND ARDEN HARRISON av EDGE OF WATER AS OF WILhIA 11/22/10 I r7 .. Su ➢ Line p ee F a 20 0 20 40 00 f t ° Scale 1" = 20' �,,Oaa a� <. 1Ay e m � (# Lan A \ \ �C, o �i •* 6 er A 11 1- , _�. I�t1•..� D 11,1 tm� o" Rera= r ,. �.. X11 _ spec t A V�, 1 10 A1L4`_ G0 [-ME - r .r \1 60.07 }189.5, ' I U,1 1Lh', A;,. D0043L4T 01 llto(1 7 7 Y.. vYCEL 'a1V _U 011 PLAT e 1II1A`• ^� 10,00 tl i'\ti =IVY LANE —� LEGEND: (R,O.W. 60.00) 6 DF,NOTES FOUND MONUMENT AT SECTION CORNER. DENOTES 1/2" IRON PIPE FOUND. -)JLM(2) DENOTES 2" JUDICIAL LANDMARK SET (SEE NOTE 8) QJLM(3)CENOTES 3 -1/4" JUDICIAL LANDMARK SET (SEE NOTE 9) NOTES: LS # DENOTES SURVEYOR'S LICENSE NUMBER. 1) ALL BEARINGS SHOWN ARE ASSUMED DATUM. '.LEAS. DENOTES MEASURED. 2) EXISTING HOUSE //20940 CONTAINS APPROX. 1,441 SQUARE _ W Y W PLAT BE OPEN DISTANCE OR .ANGLE AS SHOWN FEET. F ON THE PLAT OF MINNETONKA MANOR. 3) 2 STORY ADDITION CONTAINS APPROX. 372 SQUARE FEET. - DENOTES CHAIN LINK FENCE. 4) PARCEL ACREAGE COMPII-TF.D BASED ON LOCATION OF EDGE EN C. BE NOTES ENCROACHMENT OVER PROPERTY LINE. OF WATER TAKEN ON 11/22/10 AND CONTAINS APPROXIMATELY Yr CLR DENOTES CLEAR OF PROPERTY LINE. 1!,827 SQUARE FEET OR 0.267 ACRES. ACREAGE VARIES S.R.W. DENOTES STONE RETAINING WALL. DEPENDING MOVEMENT OF EDGE OF WATER. MS BE STORM SEWER. 5) GARAGE CONTAINS APPROXIMATELY 250 SQUARE FEET. n0i DENOTES MANHOLE. 8) 10' UNRECORDED EASEMENT SHOWN PER UTILITY PLANS 0 J cT ® DENOTES CATCH BASIN. 7) OOR INC. DATED OCTOBER, SHOWN DENOTES & ELECTRIC LINE. 7) COORDINATES AND SHOWN ARE J Z y AD AIR CONDITIONING PAD. AC DENOTES AIR FEET BASED MINNESOTA .. HENNEPIN COUNTY GROUND LINE. -C- DENOTES GAS LINE. GOORDLNATE SYS'PEM, SOUTHERN 'LONE, NAD83, 1906 (NON COORDINATE ,BOUT D - T - DENOTES TELEPHONE LINE. HAP.N VALUES), COORDINATE DATE JUNE 14, 2002 - E -- DENOTES ELECTRIC LINE. 8) JUDICIAL LANDMARK (JLM2) SET AS OF 2/16/00 ARE 5/8" `\ AE SS- DEVOT S SA.ti[TARY SEWER LINE. U DENOTES LIGHT. STEEL REBAR, 2.0 FEET IN LENGTH WITH A 2" DIAMETER Q DENOTES GAS METER. FLAT BRONZE CAP ATTACHED AND STAMPED "JUDICIAL LANDMARK LS 13792. 9) JUDICIAL LANDMARKS (JLM3) SET AS OF 2/16/09 ARE 5/6" STEEL REHAR, 2.0 FEET .W- LENGTH.. WITH A 3-1/4" DIAMETER IMPERVIOUS SURFACE CALCIII.ATIONS (SQUARE FEET). DOMED BRONZE CAP ATTACHED AND STAMPED "JUDICIAL. y I STORY MAIN RESIDENCE = 1,441 LANDMARK LS 13792, 2 STORY ADDITION = 3'12 10) TOP OF ICE ELEVATION SHOWN IS BASED ON N.G.V.D. -1929 GARAGE = 250 SEA LEVEL DATUM. GARDEN TOOL SHED = 19 WOOD RETRAINING WALLS = 22 \ ST'ONF. RETAINING WALLS = 368 LEGAL DESCRIPTION: _ WALKWAY AND STEPS - 453 CONCRETE PADS = 38 Lot 8, Block 7, _ _ AIR CONDITIONER = 9 MINNETONKA MANOR, BRICK SWALE (CITY $!LILT) = 5$ Hennepin Count Minnesota; P y' TOTAL = 3,013 PARCEL AREA = 11.827\ - RA'f10 IMPERVIOUS SURFACES And subject to easements and TO PARCEL AREA = 25.9 restrictions of record, if any. ALTA FLCATION: PROPERTY OWNERS OF RECORD: \� T0: Rpbert Bushnell and Arden Harrison. Robert ROBERT H. BDSHNELL AND 9RDEN L. HARRISON I or plat and the survey This is to certify that this map p a r�' ' -- \1d 6Sg2.g35 which it ie based acre made m ceordance with the "Minimum - PROPERTY ADDRESS: F, I H tvLtit(I Standard Detail Req ire —rats toraALTA /AGSM Land Title 20940 IVY LANE Surveys', ,jointly estahliahed and adopted by ALTA and NSPS in SHOREWOOD MN. 55331 1 M ,,, nieilt 2000, an Includes Items 1, 8 and 11(a) of Table A thereof. d Pursuant t0 the ACCDra Cy Standard.- as adopted by ALTA and NOTE. THIS SURVEY CERTIFICATE 15 NO'f VALID WITHOUT A RAISED SEAL. .,. NSPS and fn effect on the date of this certification ,. _ corya(cHT Jzolo, c.r coulaER a soc n'r_ me undersigned further c t'f that in Cry professional opinion State of Minnesota C tifiea4lon 1 /orz? t u a land r regi t r d i the State of Minnesota, the I hereby certify that this so-ey, plan n C. E. COULTER & ASSOCIATES INC.do maximum R I t e.Ppsitiona] Accllracy is 0.07 feet report was prepared by me or ..x my direct supervision and that I a m a duly D t : 12/7/10 Li eena -d Land Snrenyor under the laws of St f Minn- to. S LIC,F.NSED LAND 9URYEYORS IS MINNESOTA WEIGS01A All WISCONSIN ry th to a i l0'i --t Hu -11 Pk y #200 ]tc M t 5 337 Johh'- ull i Peter D, t,--- 12/,10 LIONo 13792 _(IP Pho -: 9 L 808 0500 /PA \- 952-808-9501 Minnesota License NO 13792 I N. roeil. coulter ®�eooulter com I SELL eeTSNF�oJaeta te,00i - i..,doo \lzaai RESOLUTION 20-075 CITY OF SHOREWOOD A RESOLUTION APPROVING A FRONT SETBACK VARIANCE FOR A DETACHED GARAGE FOR PROPERTY LOCATED AT 20940 IVY LANE WHEREAS, Shilun D. Li and Tsuhua S. Chen, (the “Applicant”) are the owners of real property, legally described as: Lot 8, Block 7, Minnetonka Manor, Hennepin County, Minnesota WHEREAS , the Applicant has applied for a variance to allow a garage addition to be 4.25 feet from the front property line where 30 feet is required; and WHEREAS , the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the July 7, 2020 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS , the Planning Commission held a public meeting on July 7, 2020 to review the application, the minutes of the meetings are on file at City Hall; and WHEREAS , the City Council considered the application at its regular meeting on July 27, 2020, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW THEREFOREBE IT RESOLVED , THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the R-1D/S zoning district, which requires all buildings to be set back 30 feet from the front property line. 2. The subject garage was constructed prior to the requirement for a 30-foot setback. 3. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations when there are practical difficulties and the action is the minimum to alleviate the practical difficulties. 4. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 5. The Applicant’s proposal is identified on the application materials and plans submitted on March 9, 2020 and June 9, 2020. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct a garage addition at 4.25 feet to the front property line. B. The City Council specifically finds that the Applicant’s request for the variance is consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates practical difficulty and is the minimum action necessary to alleviate the practical difficulty, subject to the following conditions: 1) The applicant acquire all necessary permits prior to construction. 2) Prior to approval of the permits, the applicant shall: i. alter the design of the garage to have the same roof pitch as the home as well as similar siding materials and colors and identify them on the plans. ii. Reduce the impervious surface coverage to no greater than 25 percent and show the proposal for the driveway on the plans sumitted for building permit. iii. Remove the temporary accessory building on the site prior to the final inspection. C. The variance shall expire one year after approval unless the applicant has completed the garage or an extension has been requested in accordance with Section 1201.05 Subd. 3 of City Code. D. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA th this 27 day of July, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-076 A RESOLUTION TO AWARD CONTRACT CITY PROJECT 20-03 WHEREAS, pursuant to an advertisement for bids for the Beverly Drive and Cajed Lane Drainage Improvement Project, bids were received on July 16, 2020 opened and tabulated according to law, with the following bids received and complying with the advertisement: Contractor Total Bid G.F. Jedlicki $201,900.00 Widmer Construction $218,297.20 Meyer Contracting $220,433.25 Northdale Construction $222,571.14 GM Contracting $235,172.28 Pember Companies $249,170.60 New Look Contracting $265,123.00 Blackstone Contractors $359,305.00 WHEREAS, G.F. Jedlicki is the lowest responsible bidder; and WHEREAS, G.F. Jedlicki is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorized and directed to enter into a contract with G.F. Jedlicki based on the lowest bid amount in the name of the City of Shorewood for the Beverly Drive and Cajed Lane Drainage Improvements Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. th this 27 day of July, ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 8B Title/Subject: Mary Lake Outlet – Approve Plans and Specifications and Authorize Advertisement for Bidding, City Project 19-09 MEETING Meeting Date: Monday, July 27, 2020 TYPE Regular Prepared by: Andrew Budde, City Engineer Meeting Reviewed by: Larry Brown, Director of Public Works Attachments: Overview Figure, Plans & Specifications, Resolution Background: At the June 22 meeting, the City Council was presented the Feasibility Study, hosted a Public Hearing, and authorized preparation of the plans & specifications for the Mary Lake Outlet project. Council also directed staff to continue pursuing a variance request from the Minnehaha Creek Watershed District (MCWD) for a small increase of the 24-hr 100yr high water level to Studer Pond within the City of Excelsior. The permit was submitted to the MCWD in early July and can take up to 90 days for review and approval. Staff has been working with the MCWD during the concepting and preliminary design process, to help ensure they were involved and aware of Shorewood’s intent of pursuing the variance. Staff has not received any feedback to date on the submitted permit. Staff will also be acquiring a permit from the DNR for a new outlet to a landlocked lake under 25 acre watershed and will be seeking municipal consent from the City of Excelsior to allow the new water to be routed through Studer Pond. Staff has prepared the final plans & specifications for the project. A full set of plans are ci.shorewood.mn.us/MaryLakeOutlet. available at the following link: If approved, the th current schedule would allow for awarding a contract at the August 24 City Council meeting, in anticipation of a watershed district permit being approved by MCWD by Oct th 7. Construction will commence immediately after acquiring the permit. If it appears that the permit variance from MCWD may not be approved in the anticipated timeline, staff th will then delay the recommendation for award of the contract until the Oct 12City Council meeting. Currently, staff is also in the process of securing rights of entries and permanent easements needed for the project from two property owners. Financial Considerations: Costs for this project have been budgeted for and will be paid from the City’s Capital Improvement Plans for Storm Sewer in 2020. The budget amount is $558,000. The current estimated project cost, including construction, engineering, legal, and administrative costs is $450,000. 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 Options: Staff recommends that the Council consider the following actions: 1. Approve the attached Resolution Approving the Plans & Specifications, and Authorizing Advertisement of bids, for the Mary Lake outlet Project, City Project 19-09. 2. Direct staff to modify the plans & specifications. 3. Take no action, at this time. Recommendation/Action Requested: 4. Staff recommends Approval of the Resolution Approving the Plans & Specifications, and Authorizing Advertisement of Bids, for the Mary Lake Outlet Project, City Project 19-09. Next Steps and Timelines: Plans and Supporting Information submitted to MCWD to Start Variance Process (with up to 90 day review)…………………..…………….……………...July 7 – Oct 7, 2020 Approve Plans and Specifications/Authorize Ad for Bid .............................. July 27, 2020 Open Bids ................................................................................................August 17, 2020 * Award Construction Contract ............................................................... August 24, 2020 Begin Construction ............................................................................... …..October 2020 Construction Substantially Complete ...................................................... November 2020 * Contingent upon receiving permit approval by MCWD, as outlined above. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-077 A RESOLUTION TO APPROVE PLANS & SPECIFICATIONS AND AUTHORIZE BIDDING FOR THE MARY LAKE OUTLET PROJECT CITY PROJECT 19-09 WHEREAS, Mary Lake that does not have a natural drainage outlet and staff has reviewed various options to allow for a gravity flow outlet; and WHEREAS, staff has worked with associated permitting agencies to review concept alternatives in which a recommended solution has been identified; and WHEREAS, the recommended solution would increase the water level of Studer Pond located in the City of Excelsior and would require a variance from the Minnehaha Creek Watershed District, and WHEREAS, the City of Shorewood has advertised and hosted a public hearing for the project, and WHEREAS, the current Capital Improvement Plan (CIP) identifies improvements to provide an outlet from a land locked Mary Lake in 2020; and WHEREAS, the City of Shorewood has approved the feasibility study and authorized preparation of plans & specifications for the Mary Lake Outlet; and NOW THEREFOREBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF , SHOREWOOD, MINNESOTA AS FOLLOWS : 1. The City Council of the City of Shorewood, Minnesota approves the plans and specifications and authorizes bidding of the Mary Lake Outlet project, City Project 19-09. th Passed by the City Council of Shorewood, Minnesota this 27 day of July, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 8C Title/Subject: Right of Way Agent for City Projects 18-08, 19-05, and 19-09. MEETING Meeting Date: Monday, July 27, 2020 TYPE Regular Prepared by: Andrew Budde, City Engineer Meeting Reviewed by: Larry Brown, Director of Public Works Attachments: Proposals and Resolution Background: The City has three upcoming construction projects that will requ acquisition of temporary and/or permanent easements to allow for the projects. The three projects are: Glen/Manitou/Amlee Street and Utility Projec Project 18-08), Strawberry Lane Street and Trail Improvements (City Project-05), and Mary Lake Outlet (19-08). Staff has requested proposals from Henning Professional Services to act as a Right of Way agent on behalf of the City. The Right of Way Agents responsibilities include coordinating meetings with property owners, explaining the easement acquisition process to property owners, preparing offer packets for individual parcels, negotiating acquisition for the easements, and providing executed documents specific details of their efforts are provided in their proposal On average it is estimated to take approximately 28-30 hours of effort for by the Right of Way agent for each property that requires an easement. This amo depending on the complexity of the easements and receptiveness o owners. A summary of the number of parcels and Right of Way Agents estimated fees are as follows: Glen/Manitou/Amlee: Four (4) parcels $16,735 Strawberry Lane: Thirty-one (31) parcels $135,580 Mary Lake Outlet: Two (2) parcels $9,170 Total: Thirty-seven (37) parcels$161,485 Financial Considerations: Costs for this work have been budgeted for and will be paid for from the Citys Capital Improvement Plans from the respective project budgets. Mission Statement: The City of Shorewood is committed to providing residents qualit services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and vis Page 1 Recommendation/Action Requested: Staff recommends the city council accept the proposal from Henning Professional Services to act as the Right behalf of the City for the three City projects. Motion, second and Simple Majority required. Henning Professional Services, Inc. P.O. Box 25376 Woodbury, MN 55125 Tel: 651-955-5594 June 23, 2020 City of Shorewood C/O Andrew L. Budde, P.E. Bolton & Menk, Inc. 2638 Shadow Lane, Suite 200 Chaska, MN 55318 Re: Glen, Amlee, Manitou Area Project Easement Negotiation & Acquisition Services Proposal Dear Mr. Budde, I am pleased to offer easement acquisition services to assist the City of Shorewood with securing the land rights required to construct improvements for the Glen, Amlee, Manitou Area Project.It is my understanding that the project may require the acquisition of four(4) permanent easements. Acquisition is anticipated to begin in September or October of this year. We propose to provide the following scope of services: Right of Way Agent Services: a)Attend 1 meeting with the city to review design, detailsand settlements b)Maintain and provide acquisition spread sheets for information on all acquisitions c)Early Notification letterto owners with formal project information d)Contact the landowners and schedule meetings e)Conduct Field Title Investigations and complete Reports f)Work closely with the City and designer related to landowner questions andproject details g)Prepare offer packets for each parcel h)Present offers of compensation i)Negotiate purchase of the easements j)Draft Administrative Settlements as appropriate k)Obtain signed easements and provide executed documents to City 1 l)Draft and submit Pay Requests for payment to owner m)This task will also provide coordination with the City Attorney de the conveyance documents and other required legal documents. n)Providing the Cityparcel files summarizing each acquisition at the end of the proj Assumptions: a)The City will provide title research, parcel sketches, appraisals, stakingand survey services needed. b)HPS is not a law firm and does not provide legal services. c)The Citywill provide legal documents such as easement, consents, disclai certificates, access agreements, etc., as required. d)The Citywill also review title work and ensure that all interested parti listed prior to the agent meeting with the landowner. e)The City will provide review of any permits required and request and issue permits as required. f)The City will record all documents that they would like recorded. g)The City will provide all tax forms such as 1099s. h)No relocation is included in this estimate. i)We assume one lender consent for each of the permanent easement j)The City Attorney (CA) will provide all eminent domain tasks, if needed. HPS assistanc would be limited to providing all information and files in HPSs pos strategize with CA. k)Interpreter fees are not included in this estimate. l)Lender fees can be provided as a pass through cost and are not i 2 Estimated Fee: Right of way agent services are provided on an hourly basisonly for hours requiredand the estimated hours includes meetings with the City and items listed in the scope: R/W Agent Services(PE)=28hours/parcelx $140/hraveragex 4$15,680.00 Meetings = 1at 2.5hours each at $148/hr $ 370.00 Expenses(actual cost only to be billed): Certified Mail ($120) + Mileage $ 685.00 $ 16,735.00 The estimated rounded fee totals $16,700.00. Thank you for the opportunity to provide this proposal. Please cat 651-955-5594 with any questions or comments you have on this proposal or the Scope Sincerely, Henning Professional Services, Inc. Sonya A. Henning, PE President 3 Henning Professional Services, Inc. P.O. Box 25376 Woodbury, MN 55125 Tel: 651-955-5594 June 23, 2020 City of Shorewood C/O Andrew L. Budde, P.E. Bolton & Menk, Inc. 2638 Shadow Lane, Suite 200 Chaska, MN 55318 Re: Strawberry Lane Project Easement Negotiation & Acquisition Services Proposal Dear Mr. Budde, I am pleased to offer easement acquisition services to assist the City of Shorewood with securing the land rights required to construct improvements for the Strawberry Lane Project. It is my understanding that the project may require the acquisition of thirty-one(31)permanent easements. Construction is slated for 2022. We propose to provide the following scope of services: Right of Way Agent Services: a)Attend 4 meetings with the city to review design, details and settlements b)Maintain and provide acquisition spread sheets for information on all acquisitions c)Early Notification letterto owners with formal project information d)Contact the landowners and schedule meetings e)Conduct Field Title Investigations and complete Reports f)Work closely with the City and designer related to landowner questions and project details g)Prepare offer packets for each parcel h)Present offers of compensation i)Negotiate purchase of the easements j)Draft Administrative Settlements as appropriate k)Obtain signed easements and provide executed documents to City 1 l)Draft and submit Pay Requests for payment to owner m)This task will also provide coordination with the City Attorney conveyance documents and other required legal documents. n)Providing the Cityparcel files summarizing each acquisition at the end of the proj Assumptions: a)The City will provide title research, parcel sketches, appraisals, stakingand survey services needed. b)HPS is not a law firm and does not provide legal services. c)The Citywill provide legal documents such as easement, consents, disclai certificates, access agreements, etc., as required. d)The Citywill also review title work and ensure that all interested parties are defined and listed prior to the agent meeting with the landowner. e)The City will provide review of any permits required and request and issue permits as required. f)The City will record all documents that they would like recorded. g)The City will provide all tax forms such as 1099s. h)No relocation is included in this estimate. i)We assume one lender consent for each of the permanent easement j)The City Attorney (CA) will provide all eminent domain tasks, if needed. HPS assistance would be limited to providing all information and files in HPSs strategize with CA. k)Interpreter fees are not included in this estimate. l)Lender fees can be provided as a pass through cost and are not included in the estimate. m)The HCRRA is not a parcel and it not included in this estimate a design group and a permit process. 2 Estimated Fee: Right of way agent services are provided on an hourly basis only for hours required and the estimated hours includes meetings with the City and items listed in the scope: R/W Agent Services (PE) = 30 hours/parcelx $140/hr average x 31 $ 130,200.00 Meetings = 4at 2.5hours each at $148/hr $ 1,480.00 Expenses (actual cost only to be billed): Certified Mail ($930) + Mileage $ 3,900.00 $ 135,580.00 The estimatedfeetotals$135,500.00. Thank you for the opportunity to provide this proposal. Please cat 651-955-5594 with any questions or comments you have on this proposal or the Scope Sincerely, Henning Professional Services, Inc. Sonya A. Henning, PE President 3 Henning Professional Services, Inc. P.O. Box 25376 Woodbury, MN 55125 Tel: 651-955-5594 June 23, 2020 City of Shorewood C/O Andrew L. Budde, P.E. Bolton & Menk, Inc. 2638 Shadow Lane, Suite 200 Chaska, MN 55318 Re: Mary Lake Outlet Project Easement Negotiation and Acquisition Services Proposal Dear Mr. Budde, I am pleased to offer easement acquisition services to assist the City of Shorewood with securing the land rights required to construct improvements for the Mary Lake Outlet Project. It is my understanding that the project may require the acquisition of two (2)permanent easements. Acquisition is ready to begin now. We propose to provide the following scope of services: Right of Way Agent Services: a)Attend 1 meeting with the city to review design, detailsand settlements b)Maintain and provide acquisition spread sheets for information on all acquisitions c)Early Notification letterto owners with formal project information d)Contact the landowners and schedule meetings e)Conduct Field Title Investigations and complete Reports f)Work closely with the City and designer related to landowner questions andproject details g)Prepare offer packets for each parcel h)Present offers of compensation i)Negotiate purchase of the easements j)Draft Administrative Settlements as appropriate k)Obtain signed easements and provide executed documents to City 1 l)Draft and submit Pay Requests for payment to owner m)This task will also provide coordination with the City Attorney conveyance documents and other required legal documents. n)Providing the Cityparcel files summarizing each acquisition at the end of the proj Assumptions: a)The City will provide title research, parcel sketches, appraisals, stakingand survey services needed. b)HPS is not a law firm and does not provide legal services. c)The Citywill provide legal documents such as easement, consents, disclai certificates, access agreements, etc., as required. d)The Citywill also review title work and ensure that all interested parti listed prior to the agent meeting with the landowner. e)The City will provide review of any permits required and request and issue permits as required. f)The City will record all documents that they would like recorded. g)The City will provide all tax forms such as 1099s. h)No relocation is included in this estimate. i)We assume one lender consent for each of the permanent easement j)The City Attorney (CA) will provide all eminent domain tasks, if needed. HPS assistanc would be limited to providing all information and files in HPSs strategize with CA. k)Interpreter fees are not included in this estimate. l)Lender fees can be provided as a pass through cost and are not included in the estimate. 2 Estimated Fee: Right of way agent services are provided on an hourly basisonly for hours requiredand the estimated hours includes meetings with the City and items listed in the scope: R/W Agent Services(PE)=30hours/parcelx $140/hraveragex 2$8,400.00 Meetings = 1at 2.5hours each at $148/hr $ 370.00 Expenses(actual cost only to be billed): Certified Mail ($60) + Mileage $ 400.00 $ 9,170.00 The estimated rounded fee totals $9,150. Thank you for the opportunity to provide this proposal. Please cat 651-955-5594 with any questions or comments you have on this proposal or the Scope Sincerely, Henning Professional Services, Inc. Sonya A. Henning, PE President 3 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-078 A RESOLUTION TO AWARD CONTRACT FOR RIGHT OF WAY AGENT FOR CITY PROJECTS 18-08, 19-05, 19-09 WHEREAS, the City has an upcoming construction project called Glen/Manitou/Amlee Street and Utility Project, City Project Number 18-08, slated for 2021 construction and potentially requires property acquisition from four parcels; and WHEREAS, the City has an upcoming construction project called Strawberry Lane Street and Trail Improvements, City Project Number 19-05, slated for 2022 construction and potentially requires property acquisition from thirty one parcels; and WHEREAS, the City has an upcoming construction project called Mary Lake Outlet, City Project Number 19-09, slated for 2020 construction and requires property acquisition from two parcels; and WHEREAS, all three projects are identified in the current Capital Improvement Plan (CIP) and will require easement acquisition for drainage, utilities, trail, roadway, and/or temporary construction purposes; and WHEREAS, staff has solicited proposals from Henning Professional Services, Inc.to serve as the right of way agent for the City for the above listed projects; and WHEREAS, hiring a Right of Way Agent will provide consistent communications and dedicated efforts on the related property acquisition tasks and allow city staff to continue providing their current level of service; and NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota approves the three proposals provided by Henning Professional Services for the Glen/Manitou/Amlee Street & Utility, Strawberry Lane Street and Trail Improvements, and Mary Lake Outlet projects in the total amount of $161,485. th Passed by the City Council of Shorewood, Minnesota this 27 day of July, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A Title/Subject: Timber Lane Meeting Date: July 27, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Larry Brown, Director of Public Works; Marie Darling, REGULAR Director of Planning; Tim Keane, City Attorney Attachments: Map Background: The property owner at 175 Brentwood Avenue in Tonka Bay, has been accessing Timber Lane in Shorewood for their personal use. Based on recent concerns received from the Timber Lane neighborhood, and at the direction of City Council, staff has re- examined the issue of closing access along the west side of Timber Lane from the curve to the north end of the cul-de-sac ending at city limits. The property owner was denied an application for incidental use of right-of-way at the October 24, 2016 meeting. Since that time, the property owner has occasionally, and seasonally, accessed Timber Lane through the back of their property. According to information from the Shorewood residents along Timber Lane, that use has grown year after year, and in 2020, that use has expanded considerably. In addition, the Tonka Bay resident posted a sign that says, “Do not block the driveway.” Because the property is in Tonka Bay, the number, size, and locations of driveways are determined by City of Tonka Bay regulations. Our understanding is that the driveway that is coming off Brentwood into this property is the only driveway access that is permitted by Tonka Bay ordinances. Therefore, they are not permitted a second driveway. Options: Staff has examined options to control access from properties in Tonka Bay on the west side of Timberlane, including; installing boulders, installing a guard rail, and placing concrete barriers. Boulders present some maintenance and safety issues, and a guard rail system is cost prohibitive. Concrete, or Jersey barriers are on hand and represent a suitable alternative. This area was surveyed in 2016 to identify the edge of the right-of-way in the cul-de- sac and the attached drawing shows the approximate location of where the Jersey barriers would be placed, and they would be placed as far as possible to the west edge of the Timber Lane right-of-way. Recommended Action: Based on the recommendation in the neighborhood petition (attached) and direction from the Council, staff recommends installing Jersey barriers along the west side of Timber Lane preventing access from properties in Tonka Bay. Next Steps and Timeline: The barriers could be installed within a week of City Council action. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood General Fund Statement of Revenues, Expenditures and Changes in Through the Month Ended June 30, 2020 (Unaudited) Prior CurrentCurrentCurrent FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 202006/30/2006/30/20Budget06/30/19 REVENUES: Taxes$ 5,856,611$ 2,000,00034.1%$ (3,856,611)$ 2,000,000 Licenses and Permits 232,225 229,86599.0% (2,360) 270,052 Intergovernmental 123,500 60,95049.4% (62,550) 48,952 Charges for Services 52,860 21,48140.6% (31,379) 33,898 Fines and Forfeitures 60,000 19,96133.3% (40,039) 29,727 Special Assessments 5,000 -0.0% (5,000) - Miscellaneous 211,000 187,27488.8% (23,726) 187,595 Total Revenues 6,541,196 2,519,53138.5% (4,021,665) 2,570,224 EXPENDITURES: Current: General Government 1,495,185 746,03149.9% (749,154) 703,653 Public Safety 2,385,377 1,503,67963.0% (881,698) 1,543,952 Public Works 1,195,008 467,764 39.1% (727,244) 466,334 Parks and Recreation 324,596 121,06437.3% (203,532) 98,749 Total Expenditures 5,400,166 2,838,53852.6% (2,561,628) 2,812,688 Excess of Revenues Over (Under) Expenditures 1,141,030 (319,007)-28.0% (1,460,037) (242,464) OTHER SOURCES (USES): Transfers In 25,000 25,000100.0% - 25,000 Transfers Out (1,222,415) (1,222,415)100.0% - (1,646,305) Total Other Sources (Uses) (1,197,415) (1,197,415)100.0% - (1,621,305) Excess of Revenues & Other Sources Over (Under) Expenditures & Other Uses (56,385) (1,516,422)2689.4% (1,460,037) (1,863,769) FUND BALANCES: January 1 4,269,389 - 4,419,413 June 30$ 2,752,967$ (1,460,037)$ 2,555,644 BalanceBalance 20202019 CASH: January 1$ 4,100,412$ 4,286,039 Increase (Decrease) in Cash (1,368,267) (1,719,065) June 30 $ 2,732,145$ 2,566,974 City of Shorewood General Fund Statement of Expenditures and Other Uses by Program Through the Month Ended June 30, 2020 (Unaudited) CurrentCurrentCurrentPrior FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 202006/30/2006/30/20Budget06/30/19 EXPENDITURES: Current: General Government Council 84,100 38,11645.3% (45,984) 31,689 Administration 502,656 242,90348.3% (259,753) 224,238 Elections 26,000 6,43624.8% (19,564) - Finance 202,745 87,86343.3% (114,882) 92,387 Professional Services 252,000 130,93552.0% (121,065) 121,735 Planning 230,434 100,69943.7% (129,735) 102,956 Municipal Buildings 197,250 139,07970.5% (58,171) 130,648 Total General Government 1,495,185 746,03149.9% (749,154) 703,653 Public Safety Police Protection 1,507,501 914,34360.7% (593,158) 902,528 Fire Protection 693,325 519,99475.0% (173,331) 509,098 Protective Inspections 184,551 69,34237.6% 111,749 132,326 Total Public Safety 2,385,377 1,503,67963.0% (654,740) 1,543,952 Public Works City Engineer 90,250 58,516 64.8% (31,734) 27,938 Public Works Service 991,688 354,338 35.7% (637,350) 346,640 Ice and Snow Removal 113,070 54,910 48.6% (58,160) 91,756 Total Public Works 1,195,008 467,764 39.1% (727,244) 466,334 Parks and Recreation Park Maintenance 258,939 82,16831.7% (176,771) 69,667 Recreation 65,657 38,89659.2% (26,761) 29,082 Total Parks and Recreation 324,596 121,06437.3% (203,532) 98,749 Total Expenditures 5,400,166 2,838,53852.6% (2,334,670) 2,812,688 OTHER USES: Transfers Out: Southshore Center - Building 32,300 32,300 100.0% - 49,800 Southshore Center - Operations 70,000 70,000 100.0% - 70,000 EDA Debt City Hall 95,115 95,115 100.0% - 92,005 Equipment Replacement 95,000 95,000 100.0% - 172,500 Street Improvements 835,000 835,000 100.0% - 810,000 Park Capital 95,000 95,000 100.0% - 222,000 Manor Park Pond - - N/A - 230,000 Total Transfers Out 1,222,415 1,222,415100.0% - 1,646,305 Total Expenditures & Other Uses 6,622,581 4,060,95361.3% (2,334,670) 4,458,993