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08-24-20 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 24, 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 Work Session Minutes from August 10, 2020 Minutes B. City Council Regular Meeting Minutes from August 10, 2020 Minutes C. Approval of the Verified Claims List Claims List D. Accept CenterPoint Energy Grant on behalf of SLMPD City Administrator Memo E. Approve LMCC Budget City Administrator Memo Resolution 20-084 F. Multiple Dock License for Shorewood Marina Planning Director Memo G. Accept Hennepin County Recycling Grant Recycling Coordinator/Communications Memo Resolution 20-085 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING A. Comprehensive Plan Amendment, Rezoning and PUD Concept Plan for the Villas of the Shorewood Village for Stoddard Company for the vacant parcel north of Highway 7 between Eureka Road and Seamans Drive. See related item under 7B CITY COUNCIL REGULAR MEETING AGENDA – August 24, 2020 Page 2 5. REPORTS AND PRESENTATIONS A. Stormwater Letter Response Attachment 6. PARKS A. Report by Commission Chair Mangold on August 18, 2020 Park Commission Meeting B. Accept bids for stonework at Badger Park Planning Director Memo Resolution 20-086 7. PLANNING A. Report by Commission Chair Maddy on August 4, 2020 Planning Commission Minutes Meeting B. Comprehensive Plan Amendment, Rezoning Planning Director Memo and PUD Concept Plan for the Villas of Shorewood Village Resolution 20-087 for Stoddard Company for the vacant parcel north of Hwy 7 Ordinance 573 between Eureka Road and Seamans Drive Resolution 20-094 C. Variance to front setback for 5840 Strawberry Lane Planning Director Memo for Elizabeth Witchger and Gerry Trainor Resolution 20-088 8. ENGINEERING/PUBLIC WORKS A. Update on Cultural Resources and Drainage Options for Glen Road, Engineer Memo Amlee, Manitou Street and Utility Improvements Project; and Resolution 20-089 Authorization to Prepare Plans and Specifications, City Project 18-08 B. Timber Lane access City Administrator Memo C. Amendment to Archeological Monitoring Services from Director of Public Works Memo Blondo Consulting, LLC, for the Woodside Road and Resolution 20-090 Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04 D. Amendment to Archeological Monitoring Services from Director of Public Works Memo Blondo Consulting, LLC, for the Enchanted and Shady Resolution 20-091 Island Street Reclamation Project, City Project 18-11 9. GENERAL/NEW BUSINESS A. Water Access charge for Woodside/Kathleen Ct. project City Administrator Memo Resolution 20-092 B. Approve Encroachment Agreement for 28100 Boulder Bridge Dr. City Administrator Memo Resolution 20-093 C. Excelsior Chamber of Commerce Request City Administrator Memo CITY COUNCIL REGULAR MEETING AGENDA – August 24, 2020 Page 3 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. July General Fund Report Finance Director Memo 2. Public Works facility Roof Replacement Director of Public Works B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, AUGUST 10, 2020 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:00 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 Work Session Meeting was held via electronic means. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, and Siakel; City Attorney Keane; City Administrator Lerud; and Finance Director Rigdon Absent: Councilmember Sundberg B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote: Motion passed. Johnson, Labadie, Siakel and Zerby. 2. 2021 Proposed Budget Finance Director Rigdon gave an overview of the proposed 2021 budget and levy and the deadline for approval. He reviewed the General Fund and noted that it currently is at a three point four percent increase from 2020, without any transfers and noted that in 2020, the City had a five point 2 percent increase. He explained that the total transfers out are being treated differently in this budget than in prior years. He explained the bond process and noted that the levies need to go directly into the debt service funds. He stated that the proposed budget levies taxes directly to capital projects and debt service funds, which eliminates the need for transfers out of the General Fund but noted that the Shorewood Community and Event Center will continue to receive annual transfers from the General Fund. He reviewed the personnel-related assumptions for the proposed 2021 budget and reviewed the pie chart that outlined the expenditures and where they fall within the cities budget. He explained that Public Safety accounts for about forty-three percent, general government for twenty eight percent, streets about twenty-two percent, and parks and recreation about seven percent. He noted that the revenues, excluding transfers in, are budgeted for a sixteen point five percent decrease from the 2020 budget. He explained that this decrease is due to the proposed taxes being directly levied to various capital projects and debt service funds as previously discussed. He noted that the overall preliminary property tax levy is two percent higher than the 2020 total levy. He stated that currently, in order to balance the budget, there is a plan to use one-hundred ninety-eight thousand, two-hundred forty-five dollars from the reserves. He reviewed the Enterprise funds and how they are funded. He noted that the City is considering some rate adjustments in order to fund the CIP. He noted that staff will bring those details to the Council soon. He noted that the overall 2021 property tax levy is CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 10, 2020 Page 2 of 3 proposed at a two percent increase from 2020. He gave examples of how this levy increase will affect a six hundred thousand dollar home in the City. He stated that staff welcomes feedback from the Council on the proposed 2021 budget and asked City Administrator Lerud to review the CARES Funding. City Administrator Lerud gave an overview of the use of the CARES funding that the City received. He explained that the City received five-hundred seventy-nine thousand dollars. He stated that staff believes that the unbudgeted, unanticipated COVID-19 expenses will be somewhere under one-hundred and fifty-thousand dollars. He noted that for the remaining amount of the funds, staff is planning to reimburse ourselves for police and fire personnel expenditures, which is an eligible use under the CARES Act funding. He stated that this allows the City to use one-hundred ninety-eight thousand, two hundred forty-five of that in reducing the tax levy for next year and the remaining amount will be available for the City to meet other unanticipated expenditures related to COVID-19. He stated that he believes this is consistent with the conservative budgeting that the City likes to do. He stated that the main value is that it allows the levy to be less which adds value to everybody by lowering their taxes. Mayor Zerby asked about the administrative assistant position and the planned improvements at the Shorewood Community and Event Center. City Administrator Lerud explained that the administrative assistant position increase in hours was in reference to Amelia. He asked for a moment in order to bring up the CIP for the Shorewood Community and Event Center. Mayor Zerby stated that he feels the budget seems to have been well thought through. Councilmember Siakel stated that she agrees that the ideas surrounding the CARES Act funding make a lot of sense and likes that it is going directly back to residents. City Administrator Lerud stated that he cannot access the CIP for the Shorewood Community and Event Center and asked if he could supply this information to the Council at a future meeting. Finance Director Rigdon noted that he had the information City Administrator Lerud was looking for. He reviewed the proposed CIP for the Shorewood Community and Event Center. City Administrator Lerud noted that some of the information in the CIP has already been completed, so he believes the number may actually be lower. He reiterated that the Shorewood Community and Event Center has been kept in the General Fund and did not have a separate levy. He stated that he will bring the specific information back to the Council at a future meeting. 3. ADJOURN Siakel moved, Johnson seconded, Adjourning the City Council Work Session Meeting of August 10, 2020, at 6:25 P.M. Roll Call Vote: Motion passed. Johnson, Labadie, Siakel, Zerby. ATTEST: Scott Zerby, Mayor CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 10, 2020 Page 3 of 3 Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 10, 2020 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby 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 meeting was held via electronic means. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, and Siakel; City Attorney Keane; City Administrator Lerud; Finance Director Rigdon; Planning Technician Notermann; and, City Engineer Budde Absent: Councilmember Sundberg B. Review Agenda Labadie moved, Siakel seconded, approving the agenda as presented. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Zerby voted Aye 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of July 27, 2020 B. Approval of Verified Claims List C. Accept Park Donation from Excelsior American Legion Post 259, RESOLUTION NO. 20-079, “A Resolution Accepting Donation to the City of Shorewood 2020 for Parks.” D. Accept Final Improvements and Authorize Final Payment for 2020 Pavement Striping Project, City Project 20-02, RESOLUTION NO. 20-080, “A Resolution for Final Acceptance and Authorizing Final Payment, City Project 20-02, the 2020 Pavement Striping Project.” E. Accept Proposal for Geotechnical Services for Strawberry Lane, Smithtown Pond, and Grant Street Drainage, City Projects 19-05, 20-07, and 18-04, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 10, 2020 Page 2 of 7 RESOLUTION NO. 20-081, “A Resolution Accepting a Proposal for Geotechnical Services for the Strawberry Lane (19-05), Smithtown Pond (20- 07), and Grant Street Drainage (18-04).” F. Authorize Expenditure for Grading and Storm Sewer Improvements, Boulder Bridge Subdivision G. Accept Quotes and Award Contract for Echo Road Stormwater Sewer Improvement, City Project 17-13 Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Zerby voted Aye 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Girl Scout Troop #18018 Presentation on Bat House Project Councilmember Labadie explained that she is one of the leaders of Girl Scout Troop #18018. She stated that she is very proud that they have earned their Bronze Award for a bat house project that took over a year for them to earn. She noted that the troop would tell the Council about their project themselves. Mayor Zerby noted that because of social distancing requirements, Troop #18018 prepared a video explaining about their bat house project. A video of Girl Scout Troop #18018 was played for the Council which explained the different awards that can be earned by the Scouts and details about the bat houses they have donated to the City. Councilmember Labadie thanked the Troop for their presentation and for donating the bat houses to the City. She noted that the Troop paid for this entire project with money earned from their cookie sales. Mayor Zerby expressed his appreciation for the hard work of the entire Troop and their donation to the City. 6. PARKS 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure for Archeological Monitoring Services, Blondo Consulting, LLC, Woodside Road/Lane Pavement Reclamation Project, City Project, 19-04 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 10, 2020 Page 3 of 7 B. Authorize Expenditure for Archeological Monitoring Services, Blondo Consulting, LLC, Enchanted and Shady Islands Pavement Reclamation Project, City Project 18-11 City Administrator Lerud stated that the Council had authorized these projects at a previous meeting and up until this point, the City has complied with all the requirements related to investigation and preservation of the potential historical sites. He explained that Blondo Consulting has submitted a proposal to do the construction inspections. He noted that, to staff, the amount they have quoted seems very high. He stated that staff has spoken to Mr. Blondo about their concerns and he indicated that the cost submitted was the absolutely worst-case scenario and expects the costs to be a fraction of the amount given. He stated that staff would still like the opportunity to consider other entities to do the actual inspections required. He stated that staff is recommending that the City authorize the expenditure for the construction monitoring for the projects, in a not to exceed dollar amount He stated that staff would plan to come back with a further recommendation at the September 14, 2020 meeting on how to proceed. He noted that there are adequate funds for this, even if the payment was authorized in full. Councilmember Johnson asked about completion date of the actual road construction and asked how tight the timeline will be in relation to the opening of the schools. City Administrator Lerud stated that the construction project will be going on when the schools open. He stated that he believes the contracted construction completion date is at the end of October. He gave a brief overview of the planned construction areas and techniques. Johnson moved, Labadie seconded, Authorizing the Expenditures for Construction Monitoring Services for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project, 19-04, not to exceed $45,000. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Zerby voted Aye Johnson moved, Labadie seconded, Authorizing the Expenditures for Construction Monitoring Services for Enchanted and Shady Island Reclamation Project, City Project, 18- 11, not to exceed $45,000. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Zerby voted Aye 9. GENERAL/NEW BUSINESS A. Bond Sale Results City Administrator Lerud asked Shannon Sweeney of David Drown Associates to update the Council. Shannon Sweeney presented the results of the sale of general obligation street reconstruction and utility revenue bonds. He stated that the City received seven bids and Piper Sandler and Company bidding in syndicate with Cantor Fitzgerald submitted the low bid at a one point two five three percent interest rate. He stated that he believes this is the lowest interest rate he has ever seen on a twenty-year term and noted that he has a twenty year history of selling bonds. He explained that the City did purchase a credit rating through Standard and Poor’s which was a AA+ stable credit rating for the City. He stated that City staff did an excellent job of responding to the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 10, 2020 Page 4 of 7 questions during the hour-long interview. He stated that staff was so thorough that Standard and Poor had no follow up questions, which is unusual. He stated that staff is recommending approval of the sale to Piper Sandler and Company. City Administrator Lerud noted that the bond resolution was updated late this afternoon and copies were forwarded to the Council at that time. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20-083, “A Resolution Awarding Sale to Piper Sandler and Company $-------- General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2020A, Fixing the Form and Specifications Thereof, Providing for Their Execution and Delivery, and Levying Taxes and Provided for their Payment.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Zerby voted Aye Mayor Zerby asked if the City should look into refinancing the Public Safety bond again since the rates are so favorable right now. Mr. Sweeney stated that they can take a look at it, but there may be an issue with the call date. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Street Light Request Update Planning Technician Notermann gave an overview of the request from a resident for a street light on Smithtown Road and Club Lane. She explained the City’s procedure for handling this request and when it may be brought back to the Council for review. 2. Excelsior Chamber of Commerce Request Follow UP City Administrator Lerud explained that during the last Council meeting there was a request from the Excelsior Chamber of Commerce during Matters from the Floor. He stated that they had asked for funding assistance for a month’s worth of operations which is about eight thousand dollars. He reminded the Council that their justification in the request was that the City contributes seventy thousand five hundred dollars every year for the fireworks which the City had not yet done this year. He explained that this would be CARES fund eligible and explained his understanding of what the City of Excelsior has approved in contributions for the Chamber. He stated that staff is looking for direction from the Council to this request. He noted that he had asked how many of the businesses in the Excelsior Chamber of Commerce are Shorewood businesses and was told that there are seventeen businesses, which is the equivalent of ten percent of the membership in the Chamber. Councilmember Siakel asked if funding from their own membership has dried up. She stated that she understands there is a pandemic, but assumes the request is in order to keep people employed. City Administrator Lerud stated that he believes the vast majority of their revenue comes from events and COVID-19 has put a crimp on them being able to hold events. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 10, 2020 Page 5 of 7 Mayor Zerby noted that he spoke with Ms. Weiss last week and had a good conversation about the Chamber and the changes they are going through. He stated that there has been a renewed interested in working with neighboring cities beyond the Excelsior borders. He stated that Ms. Weiss is interested in a potential Memorandum of Understanding with the City that would help outline some of the services or expectations between the City and the Chamber. He stated that he would be in favor of assisting them with the funding, at this time, as long as there is the expectation that that City will follow up regarding a Memorandum of Understanding. Councilmember Labadie stated that she is intrigued by the fact that Excelsior basically pledged one amount of money and a second amount if other cities also contributed. She stated that she may be in favor of also leaning in that direction, where the City would contribute based on the condition that other neighboring cities also contribute. Councilmember Siakel stated that she thinks that would be fair, but noted that it feels a bit like the City is giving funding, but has no idea why and what it will be used for. She stated that she agrees with Councilmember Labadie that it should not just be the City bailing the Chamber out, but should be a community-wide approach in order for her to consider it. Councilmember Labadie noted that her thoughts were solidified when she found out that seventeen businesses, or ten percent of the Chamber belongs to Shorewood, which means ninety percent of the Chamber comes from the other cities. She stated that she supports helping but wants to make sure Shorewood is not the only one that are doing it and are the only ones on the hook. She stated that she is still not completely certain without having a spreadsheet or any kind of documentation of exactly where this money will be going or what it will be used for. She stated that she understands it is to keep the Chamber operating, but asked if there was a way to elaborate on how these funds will be used. Jen Weiss, Executive Director of the Excelsior Chamber of Commerce, stated that she had submitted packets a few weeks ago to the Council that had some of this information. She explained that seventy-seven percent of their operating budget comes from events and twenty- three percent comes from membership dues. She stated that being in a situation where events cannot happen due to COVID-19 has put them into a tailspin. She stated that their Board has cut two-hundred twenty-two thousand dollars from their operating expenses. She explained that they need one-hundred and thirty-three thousand dollars to operate for seventeen months, assuming they are not able to hold any events. She stated that they have also brought the organization down to one staff member, which is herself, and they have also given up their lease, so they currently have no physical location. She noted that as of last week, they had raised enough funds through donations to get them through mid-October. She stated that the City of Excelsior has stepped in and pledged just over eight thousand dollars and will pledge additional funds if the other four cities come up with four months of the Chambers run rate. She gave an overview of cities that they have already met with and what has been pledged. She noted that they qualify for CARES act funding. Councilmember Siakel asked for clarification of Ms. Weiss stating that the Chamber also qualified for the CARES act funding. Ms. Weiss stated that the Chamber does qualify to be a recipient of the CARES act funds through the cities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 10, 2020 Page 6 of 7 City Administrator Lerud clarified that the Chamber is not a direct recipient of the CARES act funds, but is an eligible expense from a member city. Ms. Weiss explained that because they are a 501(c)6 they were left out of the PPP funding which has been one of the hurdles are dealing with right now. Councilmember Siakel asked what the Chamber would do if they do not receive the requested funds. Ms. Weiss stated that the very real situation is that they could end up closing down which is concerning to the members. She stated that there have been numerous studies that show the difference in cities that operate with and without a Chamber of Commerce. She stated that without a Chamber there is a higher turnover rate, longer vacancies for businesses, and slower growing business districts. She stated that all of these things directly relate to the tax base and the housing tax base and have a ripple effect on the cities. She stated that the Chamber events will be coming back and are just paused as an unfortunate side effect of COVID-19. Councilmember Labadie thanked Ms. Weiss for clarifying some of their questions. She explained that the City has been spoiled by having one of the best Finance Directors on the planet with Finance Director Rigdon. She stated that he always gives the Council spreadsheets and detailed financial reports which is why they wanted more detailed information from Ms. Weiss. She asked how much Tonka Bay was planning to contribute. Ms. Weiss explained that they have not yet met with Tonka Bay Council yet and will meet with them in about two weeks. She stated that she had included spreadsheets with more detailed financial information in the packet she had submitted and noted that she would resend that to the Council. City Administrator Lerud noted that he had located the budget spreadsheet that Ms. Weiss submitted and will forward it to the Council. Councilmember Siakel stated that she would like to gather more information before the Council considers taking any action on this item. Councilmember Johnson stated that he is in favor of the idea of all the cities being in it together, the way Excelsior has done it. He stated that since the Chamber is currently funded through October, that does give the City a little time to look more closely at the details. He stated that he would like to see this brought back as an agenda item for the next Council meeting. Other Finance Director Rigdon expressed his appreciation to Shannon Sweeney of David Drown Associates for walking the City through the bond sale process. He thanked him for his patience and noted that all the work culminated in a really great day for the City. 11. CLOSED SESSION CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 10, 2020 Page 7 of 7 This closed session is pursuant to Minnesota Statute 13D.05, Subdivision 3(b), attorney- client privilege, for the purpose of discussing legal considerations relating to threatened litigation to challenge the City’s right-of-way management. Mayor Zerby read a statement explaining that the Council would be moving into a closed session for the purpose of discussing legal considerations relating to threatened litigation related to right- of-way management. Johnson moved, Labadie seconded, to move the Council meeting into a Closed Session at 7:54 p.m. Roll Call Vote: Motion passed. Labadie, Johnson, Siakel, Zerby voted Aye. The Council moved into closed session. At the conclusion of the closed session, Mayor Zerby reopened the Council meeting. 12. ADJOURN Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of August 10, 2020, at 8: __ P.M. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Zerby voted Aye ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: August 24, 2020 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid Background: Claims for council authorization. 66288 - 66309 & ACH 408,553.07 Total Claims $408,553.07 We have also included a payroll summary for the payroll period e August 16, 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 maximum grant amount is $2,500 and cannot exceed 50 percent of the total project cost. Because SLMPD and EFD are joint powers agencies, one of the member cities must sponsor the application. Shorewood is sponsoring the SLMPD application for protective masks for the officers. We received notice that the grant was awarded, and the funds have been received and will be transferred to SLMPD. There is no cost to the city, and the required matching funds will come from the SLMPD 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 Council Meeting Item 2E Title/Subject: LMCC 2021 Budget Meeting Date: August 24, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Cover letter from LMCC Executive Director and 2021 budget, Resolution Attached please find a cover memo from Jim Lundberg, Operations Manager of the Lake Minnetonka Communications Commission (LMCC) along with proposed 2021 operating budget th and capital budget. This budget was approved at the August 13 Commission meeting. Council Action As a member of the LMCC JPA, the City Council is required to annually approve the budget. Staff recommends approval of the attached Resolution which will approve the LMCC Budget as proposed and presented. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 20 - 084 A RESOLUTION APPROVING THE PROPOSED 2021 LAKE MINNETONKA COMMUNICATIONS COMMISSION BUDGET WHEREAS , the City of Shorewood (“City”) is a member of the Lake Minnetonka Communications Commission (“LMCC”); and WHEREAS , the Joint Powers Agreement governing the LMCC requires that an annual budget be proposed and that it shall be adopted unless rejected by a majority of members within 45 days; and WHEREAS , the City Council has reviewed the proposed 2021 LMCC Budget. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the 2021 LMCC budget. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24 day of August, 2020. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk #2F MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Multiple Dock Facility License Location: 23500 Smithtown Road Applicant: Shorewood Marina Meeting Date: August 18, 2020 Prepared by: Marie Darling, Planning Director Attachments: Draft License Existing and New Dock Layout Background: Attached is the Shorewood Marina’s annual multiple dock facility license application. City Code section 1201.24, Subd. 10 states that renewal of the license shall be granted provided the license terms and the terms of any conditional use permits are complied with; in this case for the caretaker’s home and the outdoor storage of boats. As indicated on the application, the owner agrees to arrange for the necessary inspection to ensure that the number of slips and the length of certain boats would conform to the original license. The inspection would be conducted when the slips are occupied next summer by City staff. This license is for the configuration of the docks that was recently approved by the Lake Minnetonka Conservation District (LMCD). The applicant has stated they have applied for their 2021 license early than usual as they will be reconstructing their docks in September and October for use next year. The new configuration includes the same number of slips as the previous docks (117). Financial or Budget Considerations: The fee for the license covers the cost of processing the application and conducting the inspection. Recommendation / Action Requested: Staff recommend approval of the multiple dock facility license application for the Shorewood Marina for the year 2021, subject to the required inspection. Action on this item requires a simple majority. Action also authorizes City Administrator Lerud to execute the license. 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\Multiple Dock License\CAF for 2021.docx 2G MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Accepting 2020 Residential Recycling Grant Meeting Date: Monday, August 24, 2020 Prepared by: Julie Moore, Communications and Recycling Coordinator Attachments: Resolution Background: On July 29, 2020, the city received the 2020 SCORE Recycling Grant Disbursement from Hennepin County in the amount of $13,779.67. The purpose of the county’s residential recycling grant is to provide funding to increase recycling and help reach the 2030 recycling goal established by the Minnesota Pollution Control Agency. The amount is a decrease of $2,115.33 from 2019 due to the fact that the county’s new funding policy has shifted more grant money to organics. In 2017 the funding policy allocated 80 percent of the total grant money to recycling and 20 percent to organics. In 2018 the funding policy allocates 70 percent of the total grant money to recycling and 30 percent to organics. In 2019 the policy allocates 60 percent of the total grant money to recycling and 40 percent to organics. In 2020, the allocation is 50-50. The city will get an organics recycling disbursement in September. The basic requirements as required by Hennepin County for the grant dollars are as follows: 1.Collect a basic list of recyclable materials as specified by the county 2.Use county terminology and images when describing recycling guidelines 3.Provide recycling information on the city’s website (collection schedule, yes/no list, etc.) 4.Provide a recycling guide to residents each year 5.Support the county’s outreach efforts by completing two educational activities Financial or Budget Considerations: Favorable to the recycling budget in the amount of $13,779.67 for the purposes described above. Recommendation/Action Requested: Motion: Staff respectfully requests the city council accept Resolution 20- accepting the 2020 SCORE Recycling Grant Disbursement issued by Hennepin County in the amount of $13,779.67. Motion, Second, and Simple Majority required. Connection to Vision /Mission: Consistency in providing the community with quality public services, a healthy environment, a sustainable tax base and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RESOLUTION 20-085 RESOLUTION ACCEPTING 2020 HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT WHEREAS, the City of Shorewood supports the application and the purpose of the county's residential recycling grant to provide funding to cities to increase recycling and help reach the 2030 recycling goal established by the Minnesota Pollution Control Agency; and WHEREAS, the City of Shorewood is committed to the recycling grant requirements which include the following: 1. Collect a basic list of recyclable materials as specified by the county 2. Use county terminology and images when describing recycling guidelines 3. Provide recycling information on the city’s website (collection schedule, yes/no list, etc.) 4. Provide a recycling guide to residents each year 5. Support the county’s outreach efforts by completing two educational activities; and WHEREAS, the City of Shorewood understands the 2020 funding policy which allocates 50 percent to recycling and 50 percent to organics is a change from the 2019 funding which allowed for a 60/40 percentage of recycling to organics, respectively. The city continues to be committed to exploring additional organic opportunities for the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of Shorewood, Minnesota hereby accepts the 2020 Residential Recycling Grant in the amount of $13,779.67 issued by the Hennepin County Environment & Energy Department. th Passed and Adopted by the City Council on this 24 day of August 2020. CITY OF SHOREWOOD ___________________________________ By: Scott Zerby Mayor ATTEST: ___________________________________ By: Sandie Thone City Clerk RESOLUTION NO. 20-086 CITY OF SHOREWOOD A RESOLUTION ACCEPTING ESTIMATES AND AUTHORIZING STONEWORK AT BADGER PARK AT 5745 COUNTRY CLUB ROAD WHEREAS , the City of Shorewood (“City”) requested estimates for stonework on the pillars in Badger Park; and WHEREAS , the projects were below the threshold necessitating competitive public bidding; and, NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood, Minnesota: 1. The quotes received for the two projects have been received. 2. The quote for the carpentry from Tom Koehnen in the amount of $1,600 is the lowest quote received. 3. The quote for the stonework from Boorsma Masonry, Inc. was the only quote received and is in the amount of $8,080. 4. Staff are hereby authorized and directed to enter into contracts with the above contractors for and on behalf of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 2020. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, AUGUST 4, 2020 7:00 P.M. DRAFT MINUTES Due to a recording failure, some information was not able to be accurately included. CALL TO ORDER Chair Maddy called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; and, Council Liaison Siakel Absent: None 1. APPROVAL OF AGENDA _____ moved, Riedel seconded, approving the agenda for August 4, 2020, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  July 7, 2020 Eggenberger moved, Riedel seconded, approving the Planning Commission Meeting Minutes of July 7, 2020, as presented. Motion passed 4/0/1 (Commissioner Gorham abstained due to absence at the previous meeting). 3. PUBLIC HEARINGS: Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – COMPREHENSIVE PLAN AMENDMENT, REZONING AND PUD CONCEPT PLAN FOR THE VILLAS OF SHOREWOOD VILLAGE Applicant: Stoddard Company Location: Vacant parcel north of Highway 7 between Eureka Road and Seamans Drive Chair Maddy opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing and asked for Planning Director Planning Director Darling to present the request. Director Darling presented the staff report and indicated that staff were recommending approval of the item subject to several conditions. Planning Director Darling also indicated that staff had CITY OF SHOREWOOD PLANNING COMMISSION MEETING AUGUST 4, 2020 ----DRAFT---- Page 2 of 4 received a letter from the Shorewood Ponds board of directors that included a preference that the road be constructed through the subdivision rather than end in a cul-de-sac. Chair Maddy recognized the applicant, Bill Stoddard representing Stoddard Companies. Commissioner Riedel asked the applicant if more information would be presented on the design of the storm water plan. The applicant is responded affirmatively, noting that information would be presented with more detail in later PUD phases. Commissioner Gorham asked about the email from MnDOT staff indicating that their staff is of the conclusion that the development would be too small to warrant any improvements to the intersection. The applicant indicated that they agreed with MnDOT and noted that staff had directed them to provide a traffic study of the intersection, but due to the impact of the COVID pandemic, they did not think any traffic study would be accurate. Director Darling noted that the development may not warrant improvements to the intersection, but without the study staff is unable to determine if the waits at the intersection would increase to the point that residents would take alternative routes to the other intersections with Highway 7. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:35 P.M. Chair Maddy recognized Kim Koehnen, 6115 Seamans Drive, indicated that she is in favor of the density and likes the cul-de-sac as it would cut down on through traffic to Cub and park traffic after events. Chair Maddy recognized Joe Quillen, 6100 Seamans Drive, indicated that he is concerned about property values and does not believe that they would not be impacted. Chair Maddy recognized Steve Frazier, 6125 Seamans Drive, preferred this layout over a through street to cut down on traffic from the park. He remembered that the property owner cut down a number of trees in the southeast corner of the site after a previous development approval was denied because it would have been too high a density. He also asked if approval of this PUD would be a precedent for any additional requests in the area and if this would be based on a particular zoning district. Director Darling noted that each PUD is custom-suited to the property and based on a particular situation property. As such, they do not act as a precedent to approve additional developments. This development would be most consistent with the R-1D zoning district, although not fully compliant. Chair Maddy recognized Sandy Finke, 6060 Seamans Drive, listed a number of comments:  she felt this development would make the traffic situation in the neighborhood worse  she proposed the City buy the property and create a park  she was concerned that the development would encourage parking on Seamans Drive  she was concerned with how close the homes would be to the property to the north and felt the largest setbacks should be adjacent to the north property line  she was supportive of limiting sheds and other property issues could be limited CITY OF SHOREWOOD PLANNING COMMISSION MEETING AUGUST 4, 2020 ----DRAFT---- Page 3 of 4 Chair Maddy recognized Robert Finke, 6060 Seamans Drive stated that he agreed with Sandy’s point, did not feel there was a need for change and was not in support of the additional lots. Director Darling responded… Chair Maddy recognized Mike Steadman, 24505 Niblick Alcove stated that detached villas are perfect for empty nesters and the market is very strong. He indicated that the villas in the Minnetonka Country Club have sold out. He stated that the homes provide 2500-3500 square feet on the main floor and a maintenance free living, which is a nice alternative. Chair Maddy closed the Public Testimony portion of the Public Hearing at 8:xx P.M. Eggenberger moved, Gualt seconded, recommending approval of the application for comprehensive plan amendment, rezoning to PUD and PUD Concept plan subject to the conditions listed in the memo. Motion passed 4/1, with Chair Maddy dissenting. 4. NEW BUSINESS A. Variance to Front Setback for a Deck Applicant: Elizabeth Witchger and Gerry Trainor Location: 5840 Strawberry Land Chair Maddy introduced the application and recognized Director Darling to present the staff report. Planning Director Darling presented the staff report and indicated that she had received two letter expressing support for the application from the following neighbors, Dan Malone, 5830 Strawberry Lane Dania Schulman, 26425 Strawberry Ct. Chair Maddy recognized the applicant and Pat Mackey, the applicant’s architect who spoke in favor of the request. Mr. Mackey indicated the purpose of the project was to provide both a safe entrance to the home and to provide more community interaction. Chair Maddy recognized Dania Schulman, 26425 Strawberry Ct. who also spoke in favor of the request. Commissioner Riedel asked about the concerns with the setback. he supported the project and did not think it was intrusive, but Commissioner Gorman indicated without a practical difficulty he could not, in strict interpretation of the code, recommend approving the variance. Eggenberger moved, Gault seconded, recommending approval of the application for variance to front setback subject to the conditions listed in the staff report. Motion failed 1/4. (Commissioner Eggenberger voting aye) Those voting against the variance found that the applicant, while not a request for an unreasonable variance, had not shown practical difficulties existed. CITY OF SHOREWOOD PLANNING COMMISSION MEETING AUGUST 4, 2020 ----DRAFT---- Page 4 of 4 Director Darling indicated that both applications would move to the City Council on August 24, 2020. 5. MATTERS FROM THE FLOOR 6. REPORTS • Council Meeting Report Councilmember Siakel summarized several items that were on the last Council agenda. • Draft Next Meeting Agenda Director Darling indicated the next meeting would include a variance application. A separate meeting would likely be scheduled to discuss the fire lane tours. Commissioner Gorham volunteered to present the items at the October City Council meeting, Commissioner Eggenberger volunteered for November, and Commissioner Riedel volunteered in December. 7. ADJOURNMENT __ moved, __ seconded, adjourning the Planning Commission Meeting of August 4, 2020, at 8:35 P.M. Motion passed 5/0. #7B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Comprehensive Plan Amendment, Rezoning, and PUD Concept Plan Applicant: Stoddard Companies Location: Vacant parcel north of Highway 7 between Eureka Road and Seamans Drive Meeting Date: August 24, 2020 Prepared by: Marie Darling, Planning Director Review Deadline: October 9, 2020 Attachments: Planning Staff Memorandum Correspondence Received Resolution approving a Comprehensive Plan Amendment Ordinance approving a Rezoning Resolution approving a PUD Concept Plan Background: See attached memorandum for detailed background on this item. At their August 4, 2020, meeting, the Planning Commission voted four in favor and one opposed (Chair Maddy dissenting) to recommend approval of the application based on the findings that the request met the standards for approval, subject to the conditions in the attached resolution. Chair Maddy dissented due to the increase in density. The applicant was present at the meeting and spoke in favor of the request. Seven people from the audience requested to speak and one letter was submitted (attached). (Additional letters were submitted after the meeting) The majority of the issues raised are summarized below. Traffic at the intersection: Several residents indicated concerns with traffic congestion at the Eureka Road intersection, heavy traffic on Eureka Road, and issues with school bus traffic. Staff replied that the low number of homes would not likely warrant requiring improvements to the intersection, but could increase wait times for vehicles entering Highway 7. Whether the wait times would increase to the point where drivers would choose to drive through the neighborhood to find another route is unknown and could only be answered by a traffic study. Internal street alignment: Several speakers mentioned the cul-de-sac designs, which the Shorewood Ponds Board favored having a through-street between Eureka Road to Seamans Drive, most residents on Seamans Drive preferred a cul-de-sac that accessed Eureka Road to reduce cut-through traffic generated from Freeman Park events. One letter-writer indicated a preference that the cul-de-sac should access Yellowstone so that the traffic would be more inclined to travel to the Hwy 7/CR 41 intersection where there is a traffic signal. 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\Stoddard Development PUD Concept\CAF Memo.docx Density: A couple of speakers indicated that they would prefer no change to the comprehensive plan to allow more density and one speaker indicated she was in support of the increased density. One speaker asked if this type of application would be a precedent to other applications. Staff responded to that question that a PUD is a custom application for a specific piece of property and does not act as a precedent for any other properties in the area. Staff add that any amendment to the Comprehensive Plan carries the highest amount of City Council discretion. Neighborhood design: One speaker indicated that she would prefer a neighborhood with the units set further back from the north property line and would be in favor of a development that prohibited sheds. At their August 18, 2020 meeting, the Parks Commission unanimously voted to recommend the following: 1.Park dedication in the form of fees versus land dedication 2.Private ownership of open space properties. Financial or Budget Considerations: The application fees cover the cost of processing the request. Developments are required to pay utility connection fees and park dedication. This developer has also proposed to contribute funds to future infrastructure projects and affordable housing. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request for a Comprehensive Plan Amendment from minimum density residential to low density residential, a Rezoning to PUD and a PUD concept plan for the Villas at Shorewood Village for property located north of Highway 7 between Eureka Road and Seamans Drive, subject to the findings and conditions in the attached resolutions/ordinance. Motion requires a simple majority to adopt. Should the City Council determine another course of action is appropriate, staff recommend referring the item back to staff to draft the appropriate findings-of-fact. Next Steps and Timelines: If the City Council approves the request, staff would notify the adjacent jurisdictions of the amendment as required by state statute. The applicant would need to submit a PUD development and final stage plan application as well as a preliminary and final plat application. 4A CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331  952-960-7900 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us To: Park Commission From: Marie Darling, Planning Director Meeting Date: August 18, 2020 Re: Stoddard Development: Review of the PUD Concept Plan for the Villas at Shorewood Village Attachments: Planning Commission Report Attached is the staff report for the Planning Commission meeting dated August 4, 2020 related to the proposed development and provided for you for additional background information, including specific information about the property like lot size, topography wetlands, etc. Background: Related Code Sections: Section 1201.25 Subd 6 of the zoning regulations requires the PUD concept plans to be referred to the Parks Commission for review and comment. Although not stated, the Commissions input would be most applicable to the 1) type of park dedication proposed (land versus cash) and 2) ownership and maintenance of the open space proposed. Comprehensive Plan Direction for Parks: The 2040 Comprehensive Plan indicates that the City of Shorewood is well served by its existing parks, with almost all neighborhoods within ½ to 1 mile of a park, with the exception of the islands and the area south of Galpin Lake. As a result, the Comprehensive Plan directs that the City should concentrate more on developing (and redeveloping) existing parks, with the exception of acquiring more land directly adjacent to Freeman Park. Land may also be acquired through other means as it becomes available through tax forfeiture, vacation of public rights-of- way, donations or other means. Impact for this development: Park Dedication: Park dedication would be required either in the form of land or fees. Assuming a development of 14 lots, that would be $91,000 for parks-related capital projects (assuming the current fee of $6,500). The Comprehensive Plan doesn’t indicate any needed land that is separate from Freeman Park in this area and consequently, staff support the applicant providing park dedication in the form of fees. Should the commission recommend that land be dedicated, credit towards the cash payments would need to be given and negotiated prior to the PUD development stage. This is also consistent with the Capital Improvements Program which projects funding deficiencies for park improvements in coming years. Preservation of Open Space: The applicant is requesting PUD flexibility to cluster 14 dwellings on the north side of the property leaving much of the south side for stormwater features, wetlands and open space. There is an additional wetland in the northwest corner of the site as well. In the past, the City has acquired some wetlands and wetland buffers and other open space lots to protect them from development. As time has passed, the City has acquired many such lots. However, there are alternatives that do not require public management or maintenance. Wetlands and buffers may be protected with conservation easements that can be placed over them at the same time a subdivision is recorded. Additionally, open space may be protected using homeowner association restrictions and PUD restrictions. These options would protect the wetlands and open spaces as well, without requiring the liability for public expense for maintenance of items like storm damage, tree disease, noxious weeds, illegal dumping, etc. As a result, staff recommends the open space should be left under the ownership and management of the HOA. Action Requested: Staff requests that the Commission review the information and determine if they agree or disagree with staff conclusions on the following staff recommendations:  Park dedication as fee rather than land dedication  Wetlands and open spaces to remain restricted, but privately owned. Commission recommendations would be forwarded to the City Council at their meeting on August 24, 2020. RESOLUTION 20-087 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED NORTH OF HIGHWAY 7 BETWEEN EUREKA ROAD AND SEAMANS DRIVE WHEREAS , Stoddard Companies (Applicant), has submitted a request for comprehensive plan amendment from minimum density to low density (Request) for the property legally described as: Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the following described part thereof; commencing at the intersection of north line of Highway Number 7 with the west line of Lot 26; thence east along said highway distance 210 feet; thence north parallel with west line of Lot 26 distant 210 feet; thence west parallel with said highway line 210 feet; thence south to beginning, and except part taken for highways, Hennepin County, Minnesota. And, WHEREAS , the Request has been submitted in the manner required for the development of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly consistent thereunder; and, WHEREAS , said Request is consistent in the manner of amendments to the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood for the approval of such a request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Request for a Comprehensive Plan Amendment to alter the land use classification from minimum density residential to low density residential, subject to the required comment period for all affected jurisdictions and review by the Metropolitan Council; ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 2020. ___________________________ Scott Zerby, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 573 AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE – THE SHOREWOOD ZONING MAP (THE VILLAS OF SHOREWOOD VILLAGE PUD) Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described as follows: Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the following described part thereof; commencing at the intersection of north line of Highway Number 7 with the west line of Lot 26; thence east along said highway distance 210 feet; thence north parallel with west line of Lot 26 distant 210 feet; thence west parallel with said highway line 210 feet; thence south to beginning, and except part taken for highways, Hennepin County, Minnesota. in the PUD., Planned Unit Development zoning district. Section 2. This rezoning is subject to the approval of Resolution 20-087 approving a Comprehensive Plan Amendment, dated August 24, 2020. Section 3. Failure of the Developer, its successors and assigns to comply with the conditions of approval for the PUD to be called “The Villas of Shorewood Village PUD”, may result in the re-zoning of the property back to R-1A, Single-Family Residential. Section 4. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the PUD., Planned Unit Development zoning district. Section 5. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 2020. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk RESOLUTION 20-094 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A PUD CONCEPT PLAN FOR THE PROPERTY LOCATED NORTH OF HIGHWAY 7 BETWEEN EUREKA ROAD AND SEAMANS DRIVE WHEREAS , Stoddard Companies (Applicant), has submitted a request a PUD Concept Plan for a development to be called “The Villas at Shorewood Village” (Request) for the property legally described as: Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the following described part thereof; commencing at the intersection of north line of Highway Number 7 with the west line of Lot 26; thence east along said highway distance 210 feet; thence north parallel with west line of Lot 26 distant 210 feet; thence west parallel with said highway line 210 feet; thence south to beginning, and except part taken for highways, Hennepin County, Minnesota. And, WHEREAS , the Request has been submitted in the manner required for the development of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly consistent thereunder; and, WHEREAS , said Request is consistent with the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood for the approval of such a request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Request for the development to be called “The Villas of Shorewood Village” including a PUD concept plan, is hereby approved, subject to the following conditions: 1. The PUD Concept Plan for 14 single-family homes is approved subject to the approval of a Resolution 20-087 (comprehensive plan amendment) and Ordinance 573 (rezoning) and the following conditions listed below. 2. The approval of the Request is subject to the following conditions: A. With subsequent applications, the Applicant shall submit plans and materials as required by the zoning and subdivision regulations and elsewhere in City Code. B. With the next phases of development, the applicant shall also submit the following: 1) A traffic study of the intersection of Eureka Road and Highway 7. 2) More detail on the transfers of donations toward future infrastructure projects, such as trails, affordable housing, etc. 3) Plans that show: 1) a sidewalk on the north side of the street; 2) revised setbacks from 20 to 25 feet from the front property line; 3) show the largest dwellings proposed on the site as the base drawing; 4) show the specific house styles that will be built on the property; 5) provide greater detail on the stormwater run-off and design of control features and erosion and sediment control plan; and 6) all requirements of the engineer’s memo dated July 10, 2020. 3. The PUD Concept Plan is approved to allow single family homes as the permitted use within this subdivision and accessory uses and dimensional requirements as allowed by the R-1D district except that the following accessory uses shall not be permitted: 1) storage or parking of recreational vehicles or equipment outside the garage; 2) the submission of HOA documents that the use of any garage must include at least space for one passenger vehicle (not including recreational vehicles or equipment); 3) noncommercial greenhouses and conservatories; and 4) accessory structures like storage sheds. 4. The PUD Concept Plan is approved allowing the homes to be clusted on the north side of the property subject to the following dimensional requirements: 1) Setbacks to Front property line: 20/25 feet with the larger of the two setbacks required for lots abutting a sidewalk; 2) Setbacks to Side property lines: 12.5 feet; 3) Setbacks to the Rear property line: 25 feet; and 4) Setback to the rights of Way for Eureka Road and Seamans Drive: 35 feet. 5. Outlots shall be incorporated into adjacent lots where possible. 6. The lots areas and widths for each residential property shall be as shown and approved on the final plat. 7. The approval for the PUD Concept Plan shall expire in 180 days if the applicant has not submitted a complete application for PUD Development Plan, except that the applicant may request an extension to the approval subject to the requirements of Section 1201.25 Subd. 6. b.(5). ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD Minnesota on August 24, 2020. ___________________________ Scott Zerby, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk 2 #7C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Variance to front setback Location: 5840 Strawberry Lane Applicant: Elizabeth Witchger and Gerry Trainor Meeting Date: August 24, 2020 Prepared by: Marie Darling, Planning Director Review Deadline: October 9, 2020 Attachments: Applicants Revised Narrative Planning Memorandum from the August 4, 2020 Meeting Correspondence Received Resolutions Background: See attached planning memorandum for detailed background on this request. At the August 4, 2020 meeting, the Planning Commission found the applicants had not meet the variance criteria and did not show there were practical difficulties associated with their application. The applicants and their architect were present at the meeting and spoke in favor of the application. One neighbor requested to speak and spoke in favor of the request. Staff also received two letters prior to the meeting. Since the meeting, the several more letters were submitted supporting the application and are attached to this report. Lack of practical difficulties: The Planning Commission was concerned that the application did not meet the criteria. They looked for issues with topography behind the home that would have forced the home closer to the street and they talked about upcoming code amendments that would allow porches and porticos to encroach into the setback regardless of the age of the home. Ultimately, they did not see any circumstances that would meet the criteria, although they felt the request was reasonable. After the meeting, the applicants submitted a new narrative that expand on the points they made at the meeting, specifically that the grade change between the entry and the driveway (6.5 feet) constitutes a practical difficulty. They point out that an at-grade patio with the same encroachment would be permitted without a variance, but the elevation change between the driveway and the front door necessitates the variance. Staff agree that this could constitute a unique circumstance for this property and satisfy the requirement for practical difficulties. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. 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\5840 Strawberry Lane Witchger VAR\CAF Memo.docx Recommendation / Action Requested: Staff included two resolutions for this application, one denying the application based on the Planning Commission’s initial findings and another approving the application based on the additional information submitted in the revised narrative. In their motion, the City Council should identify which action they support. Proposed motion: Move to adopt the attached resolution (approving/denying) a variance for Elizabeth Witchger and Gerry Trainor for property located at 5840 Strawberry Lane based on the findings and conditions in the attached resolution. Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicants could submit a building permit application. Marie Darling From:Dan Malone <danm@mninboard.com> Sent:Thursday, July 30, 2020 12:40 PM To:Planning Subject:5840 Strawberry Lane - Porch/Deck addition comments Greetings, I live on Strawberry Lane and saw this notice come in the mail last week. I am in support of this project…I think a homeowner adding some outdoor space on the frontside of their house is both attractive for home value and neighborhood social involvement. They have plenty of space between the house and road to not obstruct any view, and it gives the home owner another outdoor social space. All for it! Thanks, Dan Malone 1 RESOLUTION NO. 20-088 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION DENYING A REQUEST FOR A VARIANCE TO FRONT SETBACK FOR PROPERTY LOCATED AT 5840 STRAWBERRY LANE WHEREAS, Elizabeth Witchger and Gerry Trainor, (the “Applicant”) are the owners of real property, legally described as: That part of Lot 10, Auditors Subdivision No. 247, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of said Lot 10; thence west along the north line of said Lot 10 a distance of 185.00 feet; thence south parallel with the east line of said Lot 10 a distance of 254.68 feet to the point of beginning; thence continue south parallel with said east line of Lot 10 a distance of 216.24 feet; thence east parallel with the north line of said Lot 10 a distance of 185.00 feet to the east line of said Lot 10; thence north along said east line a distance of 216.24 feet to a line drawn east, parallel with the north line of said Lot 10 from the point of beginning; thence west parallel with the north line of said Lot 10 a distance of 185.00 feet to the point of beginning. WHEREAS , the Applicant has applied for a variance to allow a deck addition to be 45.75 feet from the front property line where 50 feet is required; and WHEREAS , the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the August 4, 2020 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS , the Planning Commission held a public meeting on August 4, 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 August 24, 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, THEREFORE, BE 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-1A zoning district, which requires all buildings to be set back 50 feet from the front property line. 2. Section 1201.03, subd. 3 of the zoning regulations would permit an at-grade terrace or patio to encroach 4.5 feet into the front setback without a variance, but not a deck, porch or portico. 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. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider if the variance is the minimum action needed to alleviate the practical difficulties. 6. The Applicant’s proposal is identified on the application materials and plans submitted on June 9 and 11, 2020 and August 17, 2020. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby concludes that the Applicant's proposal for a variance is in conflict with the criteria for a variance listed in Item 3 under Findings (above) and hereby denies the application as there are no practical difficulties affecting the property. B. The City Council further concludes the Applicant’s proposal conflicts with Item 4 under Findings (above) and hereby denies the application as there are no unique circumstances affecting the property. C. The City Council further concludes that the Applicant’s proposal conflicts with Item 5 under Findings (above) and hereby denies the application because without a finding that there are practical difficulties, the applicant is not the minimum action to alleviate the circumstance. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 24 day of August, 2020. Scott Zerby, Mayor Attest: Sandie Thone, City Clerk -2- RESOLUTION 2020-088 CITY OF SHOREWOOD A RESOLUTION APPROVING A FRONT SETBACK VARIANCE FOR A DECK FOR PROPERTY LOCATED AT 5840 STRAWBERRY LANE WHEREAS, Elizabeth Witchger and Gerry Trainor, (the “Applicant”) are the owners of real property, legally described as: That part of Lot 10, Auditors Subdivision No. 247, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of said Lot 10; thence west along the north line of said Lot 10 a distance of 185.00 feet; thence south parallel with the east line of said Lot 10 a distance of 254.68 feet to the point of beginning; thence continue south parallel with said east line of Lot 10 a distance of 216.24 feet; thence east parallel with the north line of said Lot 10 a distance of 185.00 feet to the east line of said Lot 10; thence north along said east line a distance of 216.24 feet to a line drawn east, parallel with the north line of said Lot 10 from the point of beginning; thence west parallel with the north line of said Lot 10 a distance of 185.00 feet to the point of beginning. WHEREAS , the Applicant has applied for a variance to allow a deck addition to be 45.75 feet from the front property line where 50 feet is required; and WHEREAS , the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the August 4, 2020 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS , the Planning Commission held a public meeting on August 4, 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 August 24, 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-1A zoning district, which requires all buildings to be set back 50 feet from the front property line. 2. The entry to the home is located 6.5 feet higher than the driveway. 3. Section 1201.03, subd. 3 of the zoning regulations would permit an at-grade terrace or patio to encroach 4.5 feet into the front setback without a variance, but not a deck, porch or portico. 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 June 9 and 11, 2020 and August 17, 2020. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct a deck addition at 45.75 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 that the topography between the front entry and the driveway exhibit practical difficulties and is the minimum action necessary to alleviate the practical difficulty, subject to the applicant acquire all necessary permits prior to construction. C. The variance shall expire one year after approval unless the applicant has completed the deck 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 24 day of August, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-089 A RESOLUTION AUTHORIZING PREPARING PLANS AND SPECIFICATIONS FOR THE GLEN, AMLEE, MANITOU STREET AND UTILITY IMPROVEMENT PROJECT CITY PROJECT 18-08 WHEREAS, the City of Shorewood (“City”) approved the Feasibility Study for the Glen, Amlee, Manitou Street and Utility Improvements project, City Project 18-08, on November 25, 2019; and WHEREAS, the City has completed a cultural resources review which included the Gideon’s Bay Mound archeological site (21HE0047) and the Peter Gideon Farmhouse; and WHEREAS, the City has reviewed several other stormwater rate and volume control options as alternatives to the City owned parcel north of the Lake Minnetonka Regional Trail; and WHEREAS, the project is included in the 2021 Capital Improvements Plan and will fund the project through a combination of Street & Utility Bonds, Water Fund, Sanitary Fund, and the Stormwater Fund; and NOW THEREFORE, IT RESOLVED: that the City Council of the City of Shorewood hereby authorizes the preparation of Final Plans & Specifications for the Glen, Amlee, Manitou Street & Utility Improvements project and that the Plans should include the installation of watermain throughout the development. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24 day of August, 2020. . __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 8B Title/Subject: Timber Lane Meeting Date: August 24, 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 Brentwood 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 regardless of the jurisdiction’s right of way. This item was originally on the July 27 agenda, but was removed and discussed in closed session on August 10. 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. Another option could be a series of bollards at specific points along the right of way to prevent access. 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 a barrier could be placed, and the barrier would be placed as far as possible to the west edge of the Timber Lane right-of-way. If the city council wanted to consider other barriers such as a cable barrier or a more traditional guard rail system, council could direct staff to explore the cost of those devices. 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 Recommended Action: Based on the recommendation in the neighborhood petition (attached) and direction from the Council, staff recommends installing bollards or 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. MEETING TYPE Regular Meeting #8C City of Shorewood Council Meeting Item Title / Subject: Resolution Accepting Amended Proposal for Archeological Monitoring Services from Blondo Consulting, LLC, for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04 Meeting Date: August 24, 2020 Prepared by: Larry Brown, Director of Public Works Reviewed by: Greg Lerud, City Administrator Attachments: Proposal by Blondo and Associates, LLC Background: At the previous City Council meeting, conducted on August 10 th, 2020, staff presented a proposal for Archeological Monitoring Services from Blondo Consulting, LLC, for the Woodside Road and Woodside Lane Street Reclamation and Waterman Project. Archeological monitoring is required to be performed to meet the statutory protection requirements for Native American burial sites, for sites known to have such resources within the scope of any improvements. The previous proposal that had been provided was for an amount, not to exceed $141,437.50. Staff was not comfortable with this number and asked the City Council to authorize $40,000 for these services, such that the project could proceed and provide staff an opportunity to return to the archeologist and reexamine the proposal. The City Council approved that request. The proposal that had originally been drafted by Bondo Consutling, was based upon the assumption that an archeologist would be on site during 100 percent of all the construction activities. This is not realistic or necessary to meet the statutory requirements. Thus, staff asked that the proposal be recrafted for activities where actual excavation was occurring that required monitoring. Attachment 1 is the revised proposal that outlines activities where an archeologist is to be present, for an amount not to exceed $84,352.50. The revised proposal appears to be in order, to meet the statutory requirements. Financial Impact: Costs for inspection services have been included in the overall Capital Improvement Program costs. Therefore, adequate funds exist for this expenditure. Time Schedule: The construction project has already commenced, under previous authorizations. Therefore, approval of this proposal will allow the project to continue. Options: Staff recommends Council consider the following actions: 1.Approve the Resolution Accepting the Amended Proposal for Archeological Construction Monitoring Services for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04, not to exceed $84,352.50. 2.Provide staff alternative direction. 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 visionary leadership. 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Opujdf!up!Qspdffe B!tjhofe!boe!sfuvsofe!dpqz!pg!uijt!qspqptbm!xjmm!tfswf!bt!pvs!bv ftujnbufe!jo!uijt!qspqptbm!bsf!cbtfe!po!pvs!bttvnqujpot!uibu!zpv Tfqufncfs!29-!3131/!Qmfbtf!mfu!nf!lopx!jg!zpv!ibwf!boz!rvftujpot qspqptbm/ Tjodfsfmz- Bqqspwfe!cz!XTC!bt!qfs!Nbtufs!Dpousbdu; Tufwfo!K/!Cmpoep!NB `````````````````````````````````` Cmpoep!Dpotvmujoh-!MMD )tjhofe* `````````````````````````````````` )obnf* `````````````````````````````````` )ujumf* CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-090 A RESOLUTION ACCEPTING A PROPOSAL FOR ARCHEOLOGICAL CONSTRUCTION MONITORING SERVICES FOR THE WOODSIDE ROAD AND WOODSIDE LANE STREET RECLAMATION AND WATERMAIN PROJECT, CITY PROJECT 19-04 WHEREAS, On June 22nd, 2020, the City Council accepted bids and awarded a contract for the Woodside Road and Woodside Lane Street Reclamation and ; Watermain Projectand WHEREAS, The subject improvement is located within an area known to contain cultural resources and Native American burial sites; and WHEREAS, As part of the Improvement there is an approved Construction Monitoring Plan that meets the statutory requirements for protection of cultural resources within the project scope; and WHEREAS, Staff solicited a proposal for Construction Monitoring Services by a State approved archaeological firm known as Blondo Consulting, LLC; and WHEREAS, the Director of Public Works has reviewed said proposal and found it to be in order. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota accepts the proposal by Blondo Consulting, LLC., for Construction Monitoring Services for the Woodside Road and Woodside Lane Street Reclamation and Watermain Project, not to exceed $84,352.50. 2020. Passed by the City Council of Shorewood, Minnesota this 24 th day of August, _______________________ Scott Zerby, Mayor Attest: __________________________ Sandie Thone, City Clerk MEETING TYPE Regular Meeting #8D City of Shorewood Council Meeting Item Title / Subject: Resolution Accepting Amended Proposal for Archeological Monitoring Services from Blondo Consulting, LLC, for the Enchanted and Shady Island Street Reclamation Project, City Project 18-11 Meeting Date: August 24, 2020 Prepared by: Larry Brown, Director of Public Works Reviewed by: Greg Lerud, City Administrator Attachments: Proposal by Blondo and Associates, LLC Background: Similar to the previous item just considered by the City Council, at the previous City th Council meeting conducted on August 10, 2020, staff presented a proposal for Archeological Monitoring Services from Blondo Consulting, LLC, for the Enchanted and Shady Island Street Reclamation Project. The previous proposal that had been provided was for an amount, not to exceed $99,262.50. Again, staff asked the City Council to authorize $40,000 for these services, such that the project could proceed and provide staff an opportunity to return to the archeologist and reexamine the proposal. The City Council approved that request. Similarly, the proposal was recrafted for activities where actual excavation was occurring that required monitoring. Attachment 1 is the revised proposal that outlines activities where an archeologist is to be present, for an amount not to exceed $63,097.50. The revised proposal appears to be in order, to meet the statutory requirements. Financial Impact: Costs for inspection services have been included in the overall Capital Improvement Program costs. Therefore, adequate funds exist for this expenditure. Time Schedule: The construction project has already commenced, under previous authorizations. Therefore, approval of this proposal will allow the project to continue. Options: Staff recommends Council consider the following actions: 1.Approve the Resolution Accepting the Amended Proposal for Archeological Construction Monitoring Services for the Enchanted and Shady Island Street Reclamation Project, City Project 18-11, not to exceed $63,097.50. 2.Provide staff alternative direction. Recommendation: Staff recommends approval of Resolution Accepting the Proposal for Construction Monitoring Services from Blondo Consulting, LLC, for the Enchanted and Shady Island Street Reclamation Project, City Project 18-11, not to exceed $63,097.50. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-091 A RESOLUTION ACCEPTING A PROPOSAL FOR ARCHEOLOGICAL CONSTRUCTION MONITORING SERVICES FOR THE ENCHANTED AND SHADY ISLANDS STREET RECLAMATION PROJECT, CITY PROJECT 18-11 WHEREAS, On June 22nd, 2020, the City Council accepted bids and awarded a ; contract for the Enchanted and Shady Islands Street Reclamation Projectand WHEREAS, The subject improvement is located within an area known to contain cultural resources and Native American burial sites; and WHEREAS, As part of the Improvement there is an approved Construction Monitoring Plan that meets the statutory requirements for protection of cultural resources within the project scope; and WHEREAS, Staff solicited a proposal for Construction Monitoring Services by a State approved archaeological firm known as Blondo Consulting, LLC; and WHEREAS, the Director of Public Works has reviewed said proposal and found it to be in order. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota accepts the proposal by Blondo Consulting, LLC., for Construction Monitoring Services for the Enchanted and Shady Islands Street Reclamation Project, not to exceed $63,097.50. 2020. Passed by the City Council of Shorewood, Minnesota this 24 th day of August, _______________________ Scott Zerby, Mayor Attest: __________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A Title/Subject: Water Access Charge Woodside/Kathleen Meeting Date: August 24, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Joe Rigdon, Finance Director; Larry Brown, Director of REGULAR Public Works Policy Question: Should the City allow Water Access Charges for new connections on Woodside Lane/Road and Kathleen Court to be assessed over a period of years? Background: The Woodside Lane/Road and Kathleen Court project has started, and the city has received requests for water service information. The city’s present Water Access Charge (WAC) is $10,000, which is typically paid in a lump sum where there is new development. In 2018, however, the City Council permitted the WAC to be assessed for residents who had city water available but were not connected. That incentive program brought in 15 connections as well as 12 connections on Riviera, and the city continues to receive calls to connect. Financial or Budget Considerations: WACs are included in the water fund during the budget preparation process. While it is desirable to have the connection paid in full immediately, it is also desirable for the long-term health of the water fund, that as many connections as possible are made. If assessed, the WAC is ultimately collected to the benefit of the water fund, and staff believes that the ability to pay the charge over a period of time will encourage additional connections. Options: 1. Require WACs be collected in full at time of connection. 2. Allow the WAC to be assessed, for a term and interest rate that the council determines. Recommended Action: Staff recommends offering the ability to residents on Woodside Road/Lane and Kathleen Court to assess the WAC charge over a period not to exceed five years and at an interest rate of five (5) percent. A condition of the assessment is a requirement that the residents sign an assessment waiver agreement. The council can amend any of the recommended terms of the assessment prior to passage. Passage of the Resolution by simple majority is required to approve. Next Steps and Timeline: If the council allows the WAC to be paid by assessment, staff will advise the residents on those streets. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-092 A RESOLUTION ALLOWING NEW WATER CUSTOMERS ON WOODSIDE ROAD, WOODSIDE LANE, AND KATHLEEN COURT TO OPTION TO ASSESS THE WATER ACCESS CHARGE WHEREAS, the City of Shorewood is installing water on Woodside Road, Woodside Lane, and Kathleen Court; and WHEREAS, the current Water Access Charge (WAC) is $10,000, NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Those residents along these three streets who connect to city water by June 1, 2021 are eligible to have the WAC collected in the form of a special assessment against the property. 2. The term of the assessment shall be no longer than five years and have an annual interest rate of 5.0% 3. As a condition of allowing the WAC to be paid through a special assessment, the property owner requesting payment via assessment will be required to sign an assessment agreement, which will be recorded against the property. th Adopted by the City Council of Shorewood, Minnesota this 24 day of August, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title/Subject: Encroachment agreement for 28100 Boulder 9B Bridge Drive Meeting Date: August 24, 2020 MEETING TYPE Prepared By: Greg Lerud, City Administrator REGULAR Reviewed By: Larry Brown, Director of Public Works; Tim Keane, City Attorney Attachments: Encroachment agreement, easement, pictorial depiction, Resolution Background: The city is installing watermain by directionally drilling it in Woodside Road, from Howard’s Point Road to the cul-de-sac of Woodside Road. That installation by itself would result in a long dead end watermain. Council may recall, as an alternate for the project, was to continue the line for creation of a looped system by making a connection from the south end of the cul-de-sac on Woodside Road with the water main in Boulder Bridge Drive. This alternate requires an easement from the property owner of 28100 Boulder Bridge Drive, to be able to extend the watermain along the side yard lot line of the parcel. The subject property was platted at a time when drainage and utility easements were not standard along the sides of properties. Therefore, the city needs an easement to install the watermain across this property. While surveying for the plan preparation, it was also discovered that a portion of the driveway and a fence for the property was located within the Woodside Road right-of- way. Staff negotiated with the property owner to obtain a watermain easement and resolve the encroachment on city right-of-way, by agreeing to an exchange of an easement for an encroachment agreement within the public right of way, allowing the fence and driveway to remain. Options: 1. Approve the encroachment agreement to obtain the easement. 2. Not approve the encroachment agreement and provide staff alternative direction to obtain the easement. Recommended Action: Staff recommends approving the encroachment agreement by adopting the Resolution by simple majority, conditioned upon receipt of a signed easement document. Next Steps and Timeline: If the Council approves, staff will record the easement and encroachment agreement, and proceed with installing the water main. 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 HENNEPIN COUNTY, MINNESOTA ENCROACHMENT AGREEMENT THIS AGREEMENT (“Agreement”) is made this ___ day of _________, 2020, by and between the CITY OF SHOREWOOD, a municipal corporation under the laws of the State of Minnesota (“City”) and G RICHARD HAUN, JR. and C L HAUN, a married couple, and their successors and assigns (“Landowner”). RECITALS WHEREAS, Landowner is the fee owner of the real property located at 28100 Boulder Bridge Drive in the City of Shorewood, Minnesota and generally described as follows: Lot 3, Block 2, BOULDER BRIDGE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, (“the Property”) And; WHEREAS, the City currently has Right-of-Way Easements (“Easements”) over, under and across Woodside Road, pursuant to the easements dedicated to the public; and, WHEREAS, a portion of the Landowner’s private fence and private driveway (“Improvements”) are located within the Easements; and, WHEREAS, Landowner seeks permission from the City to encroach upon the Easements to allow the fence and driveway to remain in their present locations as depicted in the attached Exhibit A; and WHEREAS, the City and Landowner agree as follows: AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1.The City hereby approves an encroachment on and over the Easements by the Landowner for the purposes of maintaining the Improvements over that part of the Easements as shown in Exhibit A subject to the terms of this Agreement. 2.The Landowner agrees to provide an easement for the purposes of watermain installation, as depicted in Exhibit B. 3.Nothing in this Agreement shall be deemed a waiver or abandonment of the City’s rights to manage its rights of way under the Easements. 4.The Landowner shall be responsible for all costs relating to the maintenance and repair of the Improvements and obtain any necessary permits or city approval as may be required for such maintenance. The Landowner further agrees that the Improvements in the Easements shall not be expanded in anyway. 5.The City shall be responsible for all costs relating to the maintenance and repair of the watermain as described in Exhibit B. 6.Landowner and his successors and assigns do hereby agree to defend, indemnify, and hold the City harmless from all reasonable costs and expenses, all reasonable claims and liability, to the extent arising from granting the Landowner the permission to encroach on the Easements for the maintenance, use, and operation of the Improvements, that may occur. 7.All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following: TO THE CITY: Greg Lerud, City Administrator 5755 County Club Road Shorewood, MN 55331 TO THE LANDOWNER: G Richard Haun, Jr. and C L Haun 28100 Boulder Bridge Drive Shorewood, MN 55331 or to any successors or assigns of the Landowner or City, or any future address of the Landowner or City, if Landowner or City gives the other party notice of said change of address as provided pursuant to the provision for notice herein. 8.This Agreement shall be recorded against the title to the Property. 9.The City shall provide recorded satisfaction of this Agreement upon abandonment of this Improvement and reconnection to the service to the curb stop installed at the Property. [Signature page follows] CITY OF SHOREWOOD By: ______________________________ Scott Zerby, Mayor By: ______________________________ Greg Lerud, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by Scott Zerby, Mayor and Greg Lerud, City Administrator, of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. __________________________________ Notary Public LANDOWNER By: _______________________________ G. Richard Haun Jr. By: _______________________________ C L Haun STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by G Richard Haun, Jr. and C L Haun. __________________________________ Notary Public DRAFTED BY: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 EXHIBIT A EXHIBIT B PERMANENT EASEMENT Know all men by these presents, that the undersigned G. Richard Haun and Christine L. Haun, husband and wife, hereinafter called GRANTOR(S), in consideration of the sum of One Dollar ($1.00) and other valuable consideration hereby convey(s) to the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, hereinafter called GRANTEE, its successors and assigns, a permanent easement for drainage and utility purposes, together with the unrestricted right to improve the same, within, over, under and across the following described easement area in the County of Hennepin, State of Minnesota: SEE ATTACHED EXHIBIT A This agreement allows for improvements or facilities as depicted in the attached Exhibit B, and allows for repair, replacement or maintenance of any improvements or facilities built or installed, in a same manner (trenchless), as depicted on Exhibit B, but does not allow for changes beyond what is included in the plans or depicted on Exhibit B. Dated this ___ day of ___________, 20 . GRANTOR(S): G. Richard Haun Christine L. Haun Exempt from deed tax. Also exempt from filing or recording fees pursuant to Minnesota Statute § 386.77. STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on the day of , 20 , by G. Richard Haun and Christine L. Haun, husband and wife. ________________________________ Notary Public This Instrument Drafted by: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 EXHIBIT A CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-093 A RESOLUTION APPROVING A RIGHT OF WAY ENCROACHMENT AGREEMENT FOR 28100 BOULDER BRIDGE DRIVE WHEREAS, the City is installing watermain in Woodside Road and would like to connect this watermain with the watermain in Boulder Bridge; and WHEREAS, an easement is needed across 28100 Boulder Bridge Drive to make the connection; and WHEREAS, the property at 28100 Boulder Bridge Drive has a driveway and fence that partially encroaches on the city right-of-way; and WHEREAS , the property owners of 28100 Boulder Bridge Drive and the city wish to resolve both of these issues by the owners providing an easement to the city for the watermain installation, and the city providing an encroachment agreement that will allow the property owner to keep the improvements in their current location, NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, that the Council hereby approves the following: 1. Encroachment Agreement as attached to this Resolution. 2. Accepts the easement provided by the property owners. 3. Directs that the documents be recorded forthwith. th Adopted by the City Council of Shorewood, Minnesota this 24 day of August, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9C Title/Subject: Excelsior Chamber Support Request Meeting Date: August 24, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Finance spreadsheet, Request letter Background: The city council requested this matter be put on the August 24 agenda for further discussion and consideration. Included with this memo is the spreadsheet provided by the Chamber and the original request letter received by the city. Please advise if additional information is needed for your consideration. 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 Wednesday, July 22, 2020 Dear Mayor Zerby, Shorewood City Council and Staff, As the current President of the Excelsior- great need and urgency. Due to the COVID pandemic, we have been or put on community events, which support 77% of our operational expenses. The inability to host our community events, which many residents in the City of Shorewood have considered familial traditions over the years, resulted in us using st our financial reserves since March and leaving us with a runway of July 31, just 9 short days away from the writing of this letter. Mayor Zerby, ar could adversely affect our south lake community and leave an emotional hole in t, sweat and tears to the organization. My ask of you today is to consider us for the use of your CARES Act funding and at a minimum, providing us the funds you had budgeted for the Lake Minnetonka 4 th of July Celebration this summer ($7,500). This in addition to the support we are hoping to gain from other cities, businesses and individuals will allow us to continue to serve the community for many years to come. Thank you so much for all of the support you have given us over I welcome further conversation on this topic. Please help save the Chamber and allow us to continue to serve the residents and businesses in Shorewood. Sincerely, Christian Tietz President of the Excelsior-Lake Minnetonka Chamber of Commerce Chris Tietz 612.210.2229 ChrisTietz@gmail.com Excelsior 312 membership@excelsior-lakeminnetonkachamber.com -445-4075 City of Shorewood General Fund Statement of Revenues, Expenditures and Changes in Through the Month Ended July 31, 2020 (Unaudited) Prior CurrentCurrentCurrent FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 202007/31/2007/31/20Budget07/31/19 REVENUES: Taxes$ 5,856,611$ 3,064,26452.3%$ (2,792,347)$ 2,859,294 Licenses and Permits 232,225 257,630110.9% 25,405 321,204 Intergovernmental 123,500 113,87992.2% (9,621) 100,279 Charges for Services 52,860 22,62242.8% (30,238) 35,093 Fines and Forfeitures 60,000 22,86738.1% (37,133) 35,780 Special Assessments 5,000 2,70154.0% (2,299) 6,516 Miscellaneous 211,000 187,28388.8% (23,717) 190,231 Total Revenues 6,541,196 3,671,24656.1% (2,869,950) 3,548,397 EXPENDITURES: Current: General Government 1,495,185 830,12955.5% (665,056) 793,565 Public Safety 2,385,377 1,620,80467.9% (764,573) 1,670,027 Public Works 1,195,008 552,161 46.2% (642,847) 544,684 Parks and Recreation 324,596 163,76950.5% (160,827) 126,369 Total Expenditures 5,400,166 3,166,86358.6% (2,233,303) 3,134,645 Excess of Revenues Over (Under) Expenditures 1,141,030 504,38344.2% (636,647) 413,752 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) (693,032)1229.1% (636,647) (1,207,553) FUND BALANCES: January 1 4,269,389 - 4,419,413 June 30$ 3,576,357$ (636,647)$ 3,211,860 BalanceBalance 20202019 CASH: January 1$ 4,100,412$ 4,286,039 Increase (Decrease) in Cash 35,721 (1,090,373) July 31 $ 4,136,133$ 3,195,666 City of Shorewood General Fund Statement of Expenditures and Other Uses by Program Through the Month Ended July 31, 2020 (Unaudited) CurrentCurrentCurrentPrior FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 202007/31/2007/31/20Budget07/31/20 EXPENDITURES: Current: General Government Council 84,100 39,96447.5% (44,136) 34,387 Administration 502,656 272,22354.2% (230,433) 261,300 Elections 26,000 6,85626.4% (19,144) - Finance 202,745 102,59450.6% (100,151) 113,203 Professional Services 252,000 136,19354.0% (115,807) 127,051 Planning 230,434 117,62151.0% (112,813) 120,020 Municipal Buildings 197,250 154,67878.4% (42,572) 137,604 Total General Government 1,495,185 830,12955.5% (665,056) 793,565 Public Safety Police Protection 1,507,501 1,022,49067.8% (485,011) 1,010,450 Fire Protection 693,325 519,99475.0% (173,331) 509,098 Protective Inspections 184,551 78,32042.4% 111,749 150,479 Total Public Safety 2,385,377 1,620,80467.9% (546,593) 1,670,027 Public Works City Engineer 90,250 88,662 98.2% (1,588) 35,310 Public Works Service 991,688 407,396 41.1% (584,292) 416,376 Ice and Snow Removal 113,070 56,103 49.6% (56,967) 92,998 Total Public Works 1,195,008 552,161 46.2% (642,847) 544,684 Parks and Recreation Park Maintenance 258,939 120,89046.7% (138,049) 90,124 Recreation 65,657 42,87965.3% (22,778) 36,245 Total Parks and Recreation 324,596 163,76950.5% (160,827) 126,369 Total Expenditures 5,400,166 3,166,86358.6% (2,015,323) 3,134,645 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 4,389,27866.3% (2,015,323) 4,780,950