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11-09-20 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 9, 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. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes from October 26, 2020 Minutes B. Approval of the Verified Claims List Claims List C. Spring Brook Software Upgrade Finance Director Memo D. Approve Contract with Hennepin County Assessor City Administrator Memo Resolution 20-114 E. Approval of Assessment Agreements for Water Connections Finance Director Memo Resolution 20-115 F. Authorize Purchase Public Works Equipment, One F350. Director of Public Works Pickup Truck G. Regular Appointment of Light Equipment Operator - Utilities City Administrator Memo H. Accept Hennepin County Recycling Grant Communications/Recycling Coordinator Amendment Resolution 20-116 3. MATTERS FROM THE FLOOR (No Council Action will be taken) CITY COUNCIL REGULAR MEETING AGENDA – November 9, 2020 Page 2 4. PUBLIC HEARING A. Unpaid Bill Assessment Hearing Finance Director Memo 5. REPORTS AND PRESENTATIONS 6. PARKS A. Freeman Park Baseball Field DrainageEngineer Memo Resolution 20-117 7. PLANNING A. Approve Variance to Shoreland Regulations Planning Director Memo Location: 5710 Ridge Road Resolution 20-112 Applicant: Richard and Ingrid Hoyt 8. ENGINEERING/PUBLIC WORKS 9. GENERAL/NEW BUSINESS A. Shorewood-Excelsior Sanitary Sewer Service Agreement City Administrator Memo Resolution 20-118 B. Approval of Unpaid Bills Assessment Finance Director Memo Resolution 20-119 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Election Update City Clerk/HR Director 2. Woodside Road/Woodside Lane Street Project Update Director of Public Works 3. Enchanted and Shady Island Street Project Update Director of Public Works 4. Shady Island Bridge Forcemain Update Director of Public Works 5. Badger Park Grant Planning Director B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, OCTOBER 26, 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, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Siakel moved, Labadie seconded, approving the agenda as presented. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes from October 13, 2020 B. City Council Regular Meeting Minutes from October 13, 2020 C. Approval of the Verified Claims List D. Authorize Purchase of Large Document Scanner/Printer/Copier Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 3. MATTERS FROM THE FLOOR Richard Eng, 25170 Glen Road, stated that he did not see on the EDA agenda a portion for public comment and asked to address that during the Council meeting. He stated that this appears to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 2 of 10 be another example of City staff providing poor, lacking, misinformation to elected officials. He stated that he would like to quote City Administrator Lerud from a May 2019 meeting. Mayor Zerby asked Mr. Eng to limit his comments to questions for the Council. Mr. Eng stated that City staff recommended purchasing 5965 Grant Street and the Council took the word of City staff and now the City owns a half-million-dollar hole in the ground that does not function properly. He stated that he feels, once again, City staff sold the Council a lemon. He stated that he feels the Council has a sworn duty to ask questions of fact and he did not see that anyone on the Council shown any initiative and be a competent elected official in this situation. He stated that if the Council is going to rely one hundred percent on staff’s recommendations, then he feels the Council needs to clean house and bring in knowledgeable staff that will do their due diligence. Mayor Zerby stated that the City has changed engineering firms because they felt that was the responsible thing to do. He noted that Council receives information independently throughout the week by communicating with staff on a one to one basis and not just during Council meetings. Mr. Eng stated that is his whole point, that the Council took the advice from the engineering firm and it was bad advice. He stated that he would also like to discuss the August 24, 2020 Council Resolution No. 20-089 meeting regarding . He quoted from the minutes statements made by City Engineer Budde and noted that the resolution passed five to zero. He stated that then at the open house in October that the option presented and approve at the Council meeting was not available. Mayor Zerby stated that he believes the Mr. Eng had already had conversations with Hennepin County prior to that meeting and was already aware of their decision. Mr. Eng stated that City staff made a recommendation to the elected officials and in reality, there was never an option to vote on that issue. He stated that the City publicized a plan that they could not accomplish. Mayor Zerby stated that he believes Mr. Eng is making assumptions and suggested that if he has specific questions that he put them before the Council. Mr. Eng asked how much time and money City staff had used to recommend this plan and asked whether they even took the time to see if Hennepin County would even allow this recommendation before it was brought to the Council. Councilmember Siakel stated that staff did their job and researched the issue and the Council chose the best option that night. She stated that the Council is still in the process of looking through all the details and noted that if Mr. Eng has a problem with the City there are two open positions on the Council that he could have run for. Mr. Eng stated that he would like the dates for when the City went to Hennepin County and asked them about this project because his information says that the County didn’t have any of this prior to August 24, 2020. Mayor Zerby stated that the City held two open houses and these questions were asked. Mr. Eng stated that they did not get answers. Mayor Zerby stated that he disagreed and stated that the questions were asked and answered. He noted that it may not have been the answers that Mr. Eng was looking for, but they were answered. Elizabeth Van, 24710 Amlee Road, stated that at the last neighborhood meeting regarding Glen Road/Manitou Lane/Amlee Road project there were many questions about where the water will CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 3 of 10 go. She stated that there was discussion about different options and believes that the question of where it will go once it drains west of the wetland has not been answered. Mayor Zerby stated that he feels the City needs to make a small apology because it seems to be confusing people that this project is still very much in motion. He stated that the project is only about sixty percent complete, so the engineering firm is trying to answer those types of questions. He explained that typically the City has those answers when they publicly present the final plans and specifications, but in this project, there was an overwhelming demand to have more participation and input during the process. He stated that the City is trying to look at all the possible solutions for the problem and trying to design this project in a way that fits all the needs of the State as well as the engineering requirements. Ms. Van stated that she understands that and feels more questions are coming out because things are changing. She stated that the time schedule was brought up at both neighborhood meetings and that the next presentation would be done before the Council for a vote. She stated that several people asked if that time schedule could be slowed down so they could get answers. Mayor Zerby stated that this project began in 2007, which seems pretty slow to him. Ms. Van stated that she feels there are a lot of questions that are still being worked out and could not be fully answered at the neighborhood meetings and they are asking that before it is presented for a vote that the questions be answered. Mayor Zerby stated that when the final plans and specifications are presented to Council is when there will be some answers and concrete solutions. He stated that the public will have the opportunity to weigh in at time and explained that the Council will have options other than a yes or no vote and can ask for changes. He stated that the plan needs to be finished in order to address the questions. Ms. Van confirmed that the citizens will have a chance to comment on this when the information is presented to the Council. She stated that she just heard Mayor Zerby say that the City may not take the vote right at that time and asked if she had heard that correctly. Mayor Zerby stated that this was correct. He stated that three days before the Council meeting, the plan and all the information will be available on-line, so there will be time for the public to look at the information. He explained that if residents have questions once they see the plans, they do not have to wait for the Council meeting to ask their questions but can contact staff or Council members ahead of the meeting. Mayor Zerby stated that he believes Council has as many questions as the residents do on this project. He stated that until there is a proposed plan, he is not sure her questions will be able to be addressed. He stated that she is welcome to e-mail or call both staff and the Council. Greg Larson, stated that he didn’t feel the neighborhood meeting last week was very informative. He asked if he had heard a previous answer correctly that stated that the residents will have a chance to comment and potentially change the design if they do not like the final presentation. Mayor Zerby confirmed that this was correct. Mr. Larson stated that his questions are surrounding the stormwater. Mayor Zerby stated that is one of the biggest questions that they are trying to investigate. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 4 of 10 Mr. Larson stated that this process has been going on for at least a year and a half and asked how much money the City has spent in planning and designing up until this point. Councilmember Johnson stated that this project is one piece of a larger puzzle which is the entire western Shorewood stormwater management plan. He stated that the City hired an independent engineering firm to help put all the pieces together. Mr. Larson stated that he would like to know what all that planning and designing has cost the City up to now. He stated that he does not believe these costs have been included in the Capital Improvement Plan and is paid as the engineering companies complete their work. Mayor Zerby stated that the Council has heard over and over again the desire to slow down the process and get more information which all costs money. Mr. Larson reiterated his question regarding how much the City has spent, to date, on the design and planning of this road project. City Administrator Lerud stated that he will get that information to Mr. Larson and noted that the engineering fees and other related costs are included in the CIP budget for that project. Mr. Larson asked if the City simply added a twenty five percent fee to all projects to cover the engineering design costs. Councilmember Siakel assured Mr. Larson that the City follows a process and does not make things up or spend money that it does not need to. She stated that she feels the City has always been pretty fiscally responsible and conservative. She stated that this project was “kicked down the road” by previous Councils, before any of the current Council was serving. She explained that the streets are coming around for reconstruction and the conversation is beginning again. She reiterated that the Council has followed the process and did complete a feasibility study and this project was built into the CIP with the best guess for what it will cost. Mr. Larson stated that he was not accusing the City of anything, he would just like to know, as a taxpayer, how much this project has cost, to date. Councilmember Siakel stated that City Administrator Lerud can get this information to Mr. Larson. Kim Piroyan, 24845 Glen Road, based on the video that was provided last week, she had a few questions that she did not get solid answers on. She stated that she would like to ask them again in the hopes that the Council can give her a bit more guidance. She asked about widths for west Glen Road versus east Glen Road and asked if there had been any discussion about having them the same so the whole road would be twenty-two feet wide. She stated that she is concerned about the number of trees that will be removed, as well as the traffic speeds through the area after the road is widened. City Engineer Budde stated that if there was discussion about keeping Glen Road east and Glen Road west the same width, it would have been before his time at the City. He explained that the direction he was given by the Council was to proceed with the twenty-two-foot width for the west portion of Glen Road and twenty-four-foot width elsewhere. Mayor Zerby suggested that this may be something that would be a good for Ms. Piroyan to discuss personally with City Engineer Budde. He stated that the City does want to try to keep as many of the trees as possible. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 5 of 10 Ms. Piroyan stated that her anticipation is that many of these mature maple trees will be clear-cut as part of the project which will really change the material aesthetic of the street. She stated that this is a project that is moving forward even though a majority of the residents in the area do not want it. She asked if there had been any discussion about just doing a road only project and not including water. Mayor Zerby stated that was part of the discussion months ago when they discussed the feasibility study. Ms. Piroyan asked if that meant that at this point, that is not something that is open as an option. Mayor Zerby explained that there is a process to road reconstruction and stated that the Council heard that there are a lot of issues with drainage in this area. He stated that the best way to deal with those issues are with curb and gutter. Councilmember Johnson stated that he has attended every neighborhood open house meeting. He stated that Ms. Piroyan’s earlier statement that a majority of people are opposed to this project is not accurate because he has seen a lot of support for things like City water and curb and gutter. Ms. Piroyan stated that she does not believe that is true for this project. She stated that there may have been interest early in the process for help with the drainage issues, but now it appears that many of those drainage issues will not be addressed. Mayor Zerby stated that he feels that comment is purely speculation. Ms. Piroyan stated that based on the video it stated that there would be about twenty-five percent mitigation of water. City Engineer Budde stated that it was a resident that asked a question and threw out the number of twenty-five percent. He stated that from an engineering standpoint, he does not even know what a twenty-five percent mitigation of stormwater would mean and is not a term that is used in the industry. Ms. Piroyan asked how much water mitigation the City is anticipating as part of this project. City Engineer Budde stated that their goal is to meet the permitting requirements which typically means they meet the existing rate control for a two, ten and one-hundred-year storm event and also has to provide volume reduction for the new impervious surface that is created. He explained that this is typically one inch over the new impervious. He stated that in general, the soils in the City are very “clay-like” and infiltrating the soils to get the volume reduction does not happen very easily so they usually will put in a drain tile under the infiltration areas and filter it out through that. He stated that these are the bare minimum requirements that need to be met from a permitting perspective. Ms. Piroyan stated that it appears that a majority of the residents have concerns about drainage and asked why the City would consider a minimum requirement for the drainage. She asked for an explanation in layman’s terms. Councilmember Siakel suggested that Ms. Piroyan call and speak with City Engineer Budde directly to get her questions answered more clearly. Ms. Piroyan stated that she feels this discussion is good information for the public to review. Councilmember Siakel stated that this item is not on the Council’s agenda tonight. She stated that a question is fine, but a full discussion should not happen when it is not listed on the agenda. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Andrew Myers, Candidate for Legislative Seat 33B CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 6 of 10 Andrew Myers, 110 Sunrise Lane, Tonka Bay, introduced himself and explained that he is running for House seat 33B. He thanked the Council for their service and noted that he had also served in the past as a Councilmember and Planning Commissioner. He stated that he runs a solo legal practice that represents mostly small businesses. He stated that his desire is to give back to the District and feels his background as both a business owner and a public servant will help in the coming months and years. He stated that he also feels that he will be both a good resource for the voters as well as the elected officials in the area. He shared his website information which is www.andrewmyers.com and noted that his contact information is easily accessible on that site. He expressed his appreciation to his wife and family for supporting him in this bid for election. B. Spring/Summer Photo Contest Winners City Clerk Thone explained that this is the third year the City has held the photo contest and gave an overview of the Spring/Summer Photo contest winners: People and Pets: Waiting for Sunset submitted by Judy Voigt England; Wildlife: Barred Owl submitted by Sanford Taly; Spring Wonder: You Said It Was Spring submitted by Phil Zumsteg; Summer Delights: Frog Island Sunrise submitted by Mary O’Keefe; Together Against COVID: Pandemic Perspective submitted by Phil Zumsteg. She thanked all the residents who participated and congratulated the winners. She stated that the next photo contest is underway for Fall/Winter. 6. PARKS A. Commissioner Mangold Report on October 20, 2020 Park Commission meeting Commissioner Gallivan stated that Chair Mangold was unable to attend the October 20, 2020 meeting, so he will be giving the update on his behalf. He gave an overview of the October 20, 2020 Park Commission meeting as reflected in the minutes. Councilmember Sundberg asked about usage of the parks due to COVID-19. Commissioner Gallivan stated that he has not seen any statistics but based on conversations, he believes usage was impacted and there was increased use in many ways. He stated that he thinks usage was increased because people wanted to get outside, but it appears as though people were cognizant and were social distancing appropriately. He reiterated that from a statistical standpoint, he is not sure of the impact. 7. PLANNING A. Commissioner Gorham Report on October 6, 2020 Planning Commission meeting Commissioner Gorham gave an overview of the October 6, 2020 Planning Commission as reflected in the minutes as well as their discussion of the revisions being suggested in the Zoning Code. Mayor Zerby thanked the Planning Commission for all the time they have dedicated to looking over and making recommendations to the Zoning Code. Richard Hoyt, 5710 Ridge Road, stated that he would like to make a correction to a statement just made by Commission Gorham that the new deck is proposed to be closer to the water than the previous deck. He stated that is untrue and they had a six-foot variance approved for the original deck. He stated that he is trying to regain some semblance of the utility that he had to the lake with the original variance approval. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 7 of 10 Mayor Zerby noted that this item is later on the agenda and explained that Mr. Hoyt would have an opportunity at that time to speak. B. Planned Unit Development Amendment Applicant: Lennar Location: 5745 Featherie Bay Planning Director Darling explained that this application is a request from Lennar for property located at 5745 Featherie Bay to alter the maximum height to allow the applicant to regrade the rear-yard lot to correct a drainage issue behind the existing home. She stated that staff and the Planning Commission recommend approval of the request. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20-111, “A Resolution Approving an Amendment to the Minnetonka Country Club P.U.D. for 5745 Featherie Bay.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye C. Variance to Shoreland Regulations Applicant: Richard Hoyt Location: 5710 Ridge Road Planning Director Darling explained that the applicant requested a variance to construct a deck that would be six feet from the ordinary high-water level of Christmas Lake where seventy-five feet is required. She explained the location of the lot and noted that the property contains a bluff that contains about a ninety-foot drop between the home and the shoreline. She explained that a previous deck was demolished in a mudslide in 2014 which had a previous variance, as mentioned by Mr. Hoyt. She noted that after the report was published, she met with the property owner on the site and believes the proposed site has more tree cover than the pictures submitted previously had shown. She explained that the applicant has done quite a bit of work around the top of the bluff to reroute water away from the area to attempt to prevent a mudslide from happening again. She stated that staff and the Planning Commission are recommending denial, because the applicant had not met the variance criteria and did not show practical difficulties and noted that there was one abstention. Mr. Hoyt stated that he is simply trying to replicate what he used to have before the mudslide with a lot less disturbance in terms of visibility and construction. He stated that if the mudslide had never happened, he would not be here in front of the Council so he feels this is a reasonable request. He stated that structure size is forty percent smaller than the original structure and is not any closer to the lake than the original structure. He explained that he is also planning to plant arbor vitae along the shoreland to increase the privacy and visibility. Councilmember Siakel stated that she attended the Planning Commission meeting and understands where their recommendation is coming from, however when she reads the packet, it seems like Mr. Hoyt is just trying to replace something and find a way to maintain the enjoyment of his property. She stated that she also lives on a property that has a steep slope and feels this request is reasonable. She reiterated that she totally understands where the Planning Commission is coming from, but she would be in favor of approving this variance request. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 8 of 10 Councilmember Johnson stated that there was a previous variance granted and the mudslide event happened through no fault of the property owner. He stated that he is in agreement with Councilmember Siakel that he understands the reasons for the Planning Commission’s recommendation, but would also support granting this variance request. Councilmember Sundberg stated that she also feels this is a reasonable request. She stated that in these situations she also likes to take a look and see how the neighbors feel about it and, in this case, they support the request. She asked Mr. Hoyt if he was aware of any neighbors that may oppose this project. Mr. Hoyt stated that he does not believe so because he has spoken with his neighbors and believes they both support it. He stated that he plans to do the same type of obfuscation from the lake as he did with the previous deck. Mayor Zerby asked about the foundation for the deck since there had been a previous mudslide to ensure that it is stable. Mr. Hoyt stated that he is working with Lake Country Builders on those plans, but have not gotten to those types of details yet. Siakel moved, Johnson seconded, to refer the item back to staff to draft a resolution approving the variance request by Richard Hoyt for the property located at 5710 Ridge Road and to bring back the resolution, with conditions, for Council consideration at the November 9, 2020 City Council meeting. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 8. ENGINEERING/PUBLIC WORKS A. Accept Proposal from Davey Resource Group Public Works Director Brown gave an overview of the proposal from Davey Resource Group. He stated that the City has an ongoing effort to inventory and document significant trees within the publicly owned properties. He explained that the City was chosen as a recipient of the Hennepin County Tree Grant which means the City can take advantage of the tailor-made database system which tracks a considerable amount of information on a compatible GIS platform. He stated that staff has solicited a bid form Davey Tree to go out and re-inventory the 850 trees located on public land in the City. He noted that the bid is for a total of $2,958.00. Johnson moved, Sundberg seconded, Adopting RESOLUTION NO. 20-113, “A Resolution Accepting Proposal from Davey Resources Group for Updates to Tree Inventory.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 9 of 10 1. General Election Update City Clerk Thone stated that there are eight days until the election. She stated that early voting has been very busy and direct balloting will begin October 27, 2020 at City Hall and will be available until November 2, 2020 at 5:00 p.m. She noted that City Hall will be open for voting on October 31, 2020 from 10:00 a.m. until 3:00 p.m. and Monday until 5:00 p.m. She stated that all mail-out ballots dropped off at City Hall, starting October 27, 2020 will be fed through the ballot counters at the end of each day instead of the current courier process. She stated that City has processed over two-thousand five hundred mail in and in person ballots and noted that about one thousand four hundred have been in person voters at City Hall. She stated that they are anticipating that there will be over fifty percent of Shorewood voters that vote early. She stated that because of the seven-day period to count ballots after election day, the Council cannot have the November 9, 2020 Canvas meeting as scheduled and will have to move it November 13, 2020. Siakel moved, Labadie seconded, Scheduling the Canvassing meeting for November 13, 2020 at 4:00 p.m. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 2. September 2020 General Fund Budget Report Finance Director Rigdon gave a brief overview of the September 2020 General Fund Budget Report and stated that overall, this is a good budget report for the City. 3. Third Quarter 2020 Investment Report Finance Director Rigdon stated that the Third Quarter Investment Report shows that the City is in compliance with its policies. He noted that the current market is not very favorable with regard to yield on investments. 4. Update on Woodside Road/Lane Project Public Works Director Brown stated that nobody is happy about the snow on the ground, but noted that despite the snow, the contractor has poured curb on Woodside that has to cure before the roadway can be graded. He stated that once the weather turns warmer, the hope is to get the first layer of asphalt down on Woodside. He stated that they have been working with homeowners on the cul de sac that have considerable drainage issues. He stated that WSB has come up with a few design options and they will be using an underground storage chamber to drain the extra water off but it needs to go through the Indian Affairs Office for approval. He stated that this portion of the project may need to be completed at a different time because they are awaiting approval. He stated that he thinks this project will be completed by about November 20, 2020, and while he has no doubt they will get base asphalt down on it this year, the wear course may be held off until next year because it is better to put asphalt down on a warm day than a cold day. Councilmember Johnson asked if there would be a lip between the curb and the base asphalt. Public Works Director Brown stated that there will be about an inch gap. He stated that the City has faced this issue before and they make sure the plow drivers are aware of the situation to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 26, 2020 Page 10 of 10 ensure that they stay away from the edge when there is not wear course in place and damage the curb. 5. Shady Island Bridge Forcemain Public Works Director Brown stated that Public Works has a new challenge and found a forcemain or a pipe under pressure from the lift station on the far end of Shady Island Bridge. He stated that because this is Minnesota, the City has to protect that pipe to keep it from freezing. He stated that it has been determined that the existing heat tape does not appear to be working and now they need to figure out how to get new heat tape into this sealed carried pipe. Other Public Works Director Brown stated that watermain flushing was able to be finished before the snowfall, but sweeping was not able to be finished. He stated that if there are still some warm days ahead, they can continue the street sweeping work. City Engineer Budde stated that the Badger Park tennis court fencing should be installed late this week or early next week. He stated that unless there is a nice stretch of warm weather, the surface coating for the courts will be done next year. B. Mayor and City Council Councilmember Sundberg stated that she wanted to thank the City staff because she feels they are exemplary. She stated that she hears this appreciation expressed from many citizens as well. She stated that staff listens to people respectfully, even though they are not always treated with respect. She stated that the staff are good fiscal managers and they all do their homework and get into the details. She stated that staff carefully adheres to laws and ordinances and, especially lately, have done a good job at clarifying a lot of misinformation. She stated that she thinks the City staff is top notch and this Council and the citizens are fortunate to have them. 11. ADJOURN Siakel moved, Johnson seconded, Adjourning the City Council Regular Meeting of October 26, 2020, at 8:40 P.M. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: November 9, 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. 66466 - 66484 & ACH 168,282.21 Total Claims $168,282.21 We have also included a payroll summary for the payroll period e October 25, 2020. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide servi budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay thes expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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Springbrook was implemented January 1, 2014 and has successfully met the City’s needs over the past seven years. However, the City’s version of the software has not had any significant upgrades during the period and the software is now outdated. The City’s new server will not support the older version of Springbrook and Springbrook will not run on the new server. The following options are available to the City:  Continue to use the outdated on-premise version of Springbrook, while also continuing to use an older server. This is not desirable, as the server is at its end of life and may not continue to receive security updates  Research other financial software products. This is not recommended due to the high cost of new software and probable lengthy implementation timeframe. Springbrook has worked well for the City, and has had few issues  Upgrade the current version of Springbrook to the current Springbrook on-premise version  Upgrade the current version of Springbrook to the current Springbrook Cloud version The on-premise version has the following attributes, per Springbrook:  Requires updating  Requires IT staff  Requires servers and hardware  Requires backing up  More vulnerable to hackers Advantages of the Cloud version include the following, per Springbrook:  Reduced costs  Data security  Flexibility/mobility: employees can complete tasks from any location with Cloud access  No need for a backup plan 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  Improved collaboration: data sharing Financial or Budget Considerations: A quote for Cloud migration services was obtained from Springbrook in the one-time amount of $6,000, which could be included in the City’s 2021 capital improvement plan. Additionally, first year subscription fees for the Cloud finance suite (including general ledger), payroll, and utility billing were quoted at $23,196. This compares to the scheduled $18,599 in annual on-premise maintenance fees for 2021-2022, or a $4,597 increase. The City’s proposed 2021 operating budget includes $18,000 for maintenance fees. Of the $23,196 in Cloud subscription fees quoted, $6,575 are attributed to utility billing, and could be moved to the 2021 utility enterprise fund budgets, resulting in little impact to the 2021 General Fund budget. Springbrook has expressed willingness to meet the City’s goal of Cloud migration and implementation of the software by April/May 2021. They will also extend payment terms until April/May 2021. Options: The City Council may choose to: 1.Accept the Springbrook proposal. 2.Decline the Springbrook proposal. Recommendation / Action Requested: It is recommended that the Council authorize the execution of a contract with Springbrook to provide a migration of its financial software to the Cloud. Next Steps and Timelines: With a signed contract, work will begin to prepare an implementation plan with a goal of April/May 2021. City of Shorewood Council Meeting Item 2D Title/Subject: Assessing Contract with Hennepin County Meeting Date: November 9, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Joe Rigdon, Finance Director; Tim Keane, City Attorney REGULAR Attachments: Agreement, Contract A2010431 Background: The city has engaged Hennepin County for many years to provide assessment and equalization services for all properties in the city. Hennepin County has proposed a new four-year contract with the cities for which it provides services. Financial or Budget Considerations: The contract calls for an annual fee of $145,000, which may be increased in the future. The city included $145,000 in the preliminary 2021 budget. Options: The city is required to appraise the property within its boundaries. The city can hire a private appraiser, appraiser service, or it can hire Hennepin County to provide that service. Recommended Action: Staff believes that the service provided by the county is excellent, and the cost is appropriate to the level of service. Staff recommends approval of the contract with Hennepin County as presented by adopting the attached Resolution. Next Steps and Timeline: If approved, Hennepin County will provide an electronic copy for the Mayor and City Clerk to sign. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Contract No. A2010431 AGREEMENT THIS AGREEMENT, made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF “SHOREWOOD”, a political subdivision of the State of Minnesota, hereinafter referred to as "CITY"; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The COUNTY shall perform the 2021, 2022, 2023, and 2024 property assessment for the CITY OF SHOREWOOD in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish, without charge, secured office space needed by the COUNTY at appropriate places in the CITY's offices. Such office space shall be sufficient in size to accommodate reasonably two (2) appraiser and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during typical business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary copying machines and fax machines and their respective supplies, and telephone and internet service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY's offices, or via telephone or teleconference, a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, (2) sexual orientation, public assistance status, ex-offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay and retirement benefits. (3) 8. CITY agrees that it will defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney’s fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The CITY’s liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 9. COUNTY agrees that it will defend, indemnify and hold the CITY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney’s fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the COUNTY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The COUNTY’s liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 10. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability arising out of, resulting from or in any manner related to contract, tort, (4) warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. 11. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 12. This Agreement shall commence on August 1, 2020 and shall terminate on July 31, 2024. Either party may initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend prior to March 1, 2024. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend prior to, April 15, 2024 this Agreement shall terminate on July 31, 2024. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1, 2024. Either party may terminate this Agreement: 1) immediately for "just cause", as defined herein, or 2) for any reason, upon providing 120 days prior written notice to the other party. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non-completion of a property tax assessment, to the extent the non-completion was not directly caused by a material breach of (5) this agreement by the County. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 13.A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of One Hundred Forty Five Thousand Dollars ($145,000) for each assessment, provided that any payment for the current year’s assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year’s assessment. The amount of any increase or decrease shall be specified in the billing for the current year’s assessment. 13.B. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $145,000 may also be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not new construction and new limited to the following types of costs: parcel appraisals, mileage, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and/or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant to this paragraph 13(B), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel (6) appraisals, exceeds seven and one half percent (7.5%) of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said next calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price-change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to August 1 of any year, provided that if such price increase exceeds said seven and one half percent (7.5%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price-change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later than forty-six (46) days after the CITY's receipt of any said price-increase notice. Payment for each assessment shall be made in the following manner: Approximately one-half (1/2) of the cost of an assessment (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later th than the fifteenth (15) day of the November which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the (7) pertinent year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within thirty (30) days after receipt thereof. 14. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY: City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 15. It is expressly understood that the obligations of the respective parties under Paragraphs 7, 8, 9, 12, and 13 hereof and the obligations of each party which, by their sense and context, are intended to survive the performance thereof by the same party, shall so survive the completion of performance, termination or cancellation of this (8) Agreement. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (9) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this ______ day of _____________, 2020. COUNTY OF HENNEPIN STATE OF MINNESOTA Reviewed by County Attorney’s Office: By: Chair of the County Board ______________________ Date: _________________ And: Assistant/Deputy/County Administrator ATTEST: Deputy/Clerk of the County Board CITY OF SHOREWOOD By: Its And: Its City organized under: ______ Statutory ______Option A ______ Option B ______Charter (10) Contract No. A2010431 EXHIBIT A CITY OF SHOREWOOD During the contract term, the County shall: 1. Physically inspect and revalue 20% of the real property, as required by law. 2. Physically inspect and value all new construction, additions and renovation. 3. Adjust estimated market values on those properties not physically inspected as deemed necessary per sales ratio analysis. 4. Prepare the initial assessment roll. 5. Print and mail valuation notices. 6. Respond to taxpayers regarding assessment or appraisal problems or inquiries. 7. Conduct valuation reviews prior to Board of Review or Open Book Meetings, as determined by the City – approximate dates: March through May 15. 8. Attend Board of Review or conduct Open Book Meeting. Prepare all necessary review appraisals. Approximate dates: April 1 – May 31. 9. Maintain an updated property file – current values, classification data and characteristic data. 10. Prepare divisions and combinations as required. 11. Administer the abatement process pursuant to Minn. Stat. §375.192. 12. Prepare appraisals; defend and/or negotiate all Tax Court cases. 13. Provide all computer hardware and software applications necessary to complete contracted services. 14. Process all homestead and special program applications. (11) CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-114 A RESOLUTION APPROVING A CONTRACT WITH HENNEPIN COUNTY TO PROVIDE ASSESSMENT SERVICES TO THE CITY OF SHOREWOOD WHEREAS, the City of Shorewood has contracted with Hennepin County for many years to provide assessment services; and WHEREAS, the current contract expires at the end of this year and the County has proposed a new contract that has been reviewed by the city staff, including the city attorney, NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Approves the Agreement between the City of Shorewood and Hennepin County, Contract No. A2010431. 2. The Mayor and City Clerk are authorized to sign the contract and other documents necessary to ensure execution of the agreement. th Adopted by the City Council of Shorewood, Minnesota this 9 day of November 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk #2E MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Assessment Agreements for Water Connections Meeting Date: November 9, 2020 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachment: Resolution Certifying Special Assessments on the 2021 Hennepin County Property Tax Rolls Background: The City Council for the City of Shorewood offers a program for residents who have public water available but are not connected to the municipal system, the ability to assess the water access charge over a number of years. Subsequent to the Council approving the program, staff has received many inquiries for additional information. An assessment agreement was developed in consultation with the city attorney, and in 2019, sixteen properties signed an assessment agreement, while seven properties have signed assessment agreements to date in 2020. The owners of all the properties listed below have signed Assessment Agreements that state the terms of the assessment and are waiving their right to appeal the assessment. The current water access charge is $10,000. Prior water assessments collected are applied against the $10,000 access charge when applicable. PID ADDRESS NAME AMOUNT TERM INTEREST RATE 3411723220060 23825 Lawtonka Sprenger 10,000 10 years 0.0% Drive 3411723320016 5880 Minnetonka Jeter 10,000 10 years 0.0% Drive 3311723440022 6085 Riviera Lane Ahlstrom 10,000 10 years 0.0% 3611723110015 19475 Waterford Christopherson 10,000 10 years 0.0% Place 3311723440036 24315 Yellowstone Hasek 10,000 10 years 0.0% Trail 3211723420012 26275 Smithtown Denman 5,000 5 years 0.0% Road 3111723240014 28125 Woodside Johnson 10,000 5 years 5.0% Road Recommendation / Action Requested: Staff recommends approval of the Resolution Certifying Special Assessments on the 2021 Hennepin County Property Tax Rolls. Next Steps and Timeline: The assessments will be certified with the Hennepin County Assessor’s office. 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 RESOLUTION 20 - 115 A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS ON THE 2021 HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS , the City Council for the City of Shorewood offered a program for residents who had public water available but were not connected to the municipal system, the ability to assess the water access charge over a number of years; and, WHEREAS , the owners of all the properties listed below have signed Assessment Agreements that state the terms of the assessment and waiving their right to appeal the assessment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: That pursuant to the terms of the assessment agreements, the city hereby approves and certifies the following special assessments: PID ADDRESS NAME AMOUNT TERM INTEREST RATE 3411723220060 23825 Lawtonka Sprenger 10,000 10 years 0.0% Drive 3411723320016 5880 Minnetonka Jeter 10,000 10 years 0.0% Drive 3311723440022 6085 Riviera Lane Ahlstrom 10,000 10 years 0.0% 3611723110015 19475 Waterford Christopherson 10,000 10 years 0.0% Place 3311723440036 24315 Yellowstone Hasek 10,000 10 years 0.0% Trail 3211723420012 26275 Smithtown Denman 5,000 5 years 0.0% Road 3111723240014 28125 Woodside Johnson 10,000 5 years 5.0% Road Such certification, which is due to the County Auditor no later than November 30, 2020, shall be payable over the period of years indicated on the table. The owner of the affected party may, at any time prior to certification of assessments to the County Auditor, pay the whole of the certified assessments to the Shorewood City Clerk. The clerk shall forthwith transmit a certified copy of this certification roll to the County Auditor to be extended on the property tax lists of the county and such certified assessments shall be collected and paid over in the same manner as property taxes. Hennepin County Special Assessment Division is hereby authorized to certify the assessments on the property tax rolls payable in 2021. th ADOPTED BY THE SHOREWOOD CITY COUNCIL this 9 day of November 2020. ________________________________ Scott Zerby, Mayor ATTEST ________________________________ Sandie Thone, City Clerk 2G MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title / Subject: Regular Appointment of Luke Weber to Light Equipment Operator-Utilities Position, Public Works. Meeting Date: November 9, 2020 Prepared By: Greg Lerud, City Administrator Reviewed By: Larry Brown, Director of Public Works Attachments None ______________________________________________________________________________ Background: On April13, 2020, the City Council approved the probationary appointment of Mr. Luke Weber to the position of Light Equipment Operator (LEO) Utilities, within the Department of Public Works. Upon completion of a six-month probationary period, Mr. Weber was to have a performance review with recommendation being made by his supervisor as to regular appointment to the positon. An evaluation has been completed with a strong recommendation for permanent appointment of Mr. Weber to the position. Mr. Weber has displayed a very strong work ethic, excellent customer service skills, and brings great experience to the position and the utility department. Financial or Budget Considerations: Having successfully completed the probation period, Mr. Weber’s rate will be increased to the union scale base wage of $31.17 per hour. Options 1.Make a motion making regular appoint of Mr. Luke Weber to the position of Light Equipment Operator, Utilities for the Department of Public Works. 2.Take no action. 3.Provide staff alternative direction. Recommendation / Action Requested: Staff recommends that the City Council pass a motion making regular appoint of Mr. Luke Weber to the position of Light Equipment Operator, Utilities for the Department of Public Works. Connection to Vision / Mission: Providing adequate and quality staff directly impacts the quality of public services. 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 2H MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Accepting 2021 Residential Recycling Grant Amendment Meeting Date: Monday, November 9, 2020 Prepared by: Julie Moore, Communications and Recycling Coordinator Attachments: Resolution 20- Background: Hennepin County receives annual funding from the state’s Select Committee on Recycling and the Environment (SCORE) fund and distributes 100% of this money to cities in accordance with the county’s funding policy. Grants are awarded based on the number of households with curbside recycling service and the number of households signed up for and receiving curbside organics recycling. The cities’ recycling programs must meet several basic requirements to receive funding, including standard materials accepted, partnership on education and outreach, reporting, and program performance. The county’s current residential recycling grant agreement with City of Shorewood expires at the end of this year. The amendment extends the contract for one year, through the end of 2021, with the allocation of funds in 2021 using the same formula as 2020. Recommendation/Action Requested: Accept the amendment and approve the Mayor and/or City Administrator or designee to execute the grant agreement on behalf of the city council. Motion: 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 AMENDMENT NO. 1 TO AGREEMENT A166425 This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minne Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, WHEREAS, the COUNTY and the CITY entered into a four-year Residential Recycling commencing on January 1, 2017; and WHEREAS, the County Board, by Resolution No. 20-0197 adopted on June 2, 2020, amended the Hennepin County Residential Recycling Funding Policy to extend the contract period to December 31, 2021, allocate 2021 funds using the same methodology as 2020, allow organics recycling funds to be used for organics drop-off sites, and authorized grant funding for municipal recycling programs consistent with said policy; and WHEREAS, the parties desire to amend the Agreement to extend the term and incorporate other changes; NOW, THEREFORE, the parties agree that Agreement A166425 is amended as follows: 1. Section 1, TERM AND COST OF THE AGREEMENT, shall be amended to read as follows: This Agreement shall commence upon execution and terminate on December 31, 2021, unless cancelled or terminated earlier in accordance with the provisions herein. 2. Section 2, SERVICES TO BE PROVIDED, shall be amended to read as follows: The CITY shall operate its recycling program in accordance with the requirements attached as Attachment A and incorporated by this reference, and fulfill the responsibilities of the Policy. 3. Section 3, ALLOCATION OF FUNDS, shall be amended to read as follows: The COUNTY will distribute SCORE funds as described in the Policy. The CITY shall follow the requirements for use of funds described in the Policy. Except as amended, the terms, conditions and provisions of this Agreement shall remain in full force and effect. Hennepin County Residential Recycling Funding Policy January 1, 2017  December 31, 2021 Board Adopted: June 2, 2020 I. Policy Description A. Background The Hennepin County Board of Commissioners has determined that c recyclables and organics from Hennepin County residents is an ef reliance on landfills, prevent pollution, conserve natural resou, improve public health, support the economy, and reduce greenhouse gases. Theref goals established in State Statute and by the Minnesota Pollutio Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling Funding Policy to help reach a 75% recycling rate by 2030. The county will distribute all Select Committee on Recycling and received from the state to cities for curbside collection of resdential recyclables and organics. If cities form a joint powers organization responsible for managing waste education system for the residents of those cities, the co organics grants to that organization. Cities are expected to fulfill the conditions of th B. Term of the Policy Hennepin County is committed to implement this policy and contin funds received from the state for the purpose of funding curbside residential recycling and organics programs from January 1, 2017 through December 31, 2020 policy if it determines changes are needed to assure compliance established for metropolitan counties. In the event that SCORE funds are eliminated from the state budget or significantly reduced, the county will consult w develop a subsequent recommendation to the board on continuation of this policy and future funding of curbside recycling and organics programs. C. Grant Agreements Each municipality seeking funding under the terms of the Residen must enter into a recycling grant agreement with the county for expiration of this policy, December 31, 2020. The grant agreemenbe accompanied by a resolution authorizing the city to enter into such an agreement. D. Fund Distribution The county will distribute to Hennepin County municipalities 100 county receives from the state. SCORE funds will be dedicated to two different purposes: 1) 1 curbside recycling and 2) curbside organics recycling. SCORE fun received by the State of Minnesota from the solid waste manageme services. SCORE funds are subject to change based on the SWM tax revenue received by the state and funds allocated by the legislature. Funds distributed calendar year will be based on SCORE funds received by the count fiscal year. II. Recycling A. Allocation of Funds The following formula will be utilized to determine a citys rec Percent of SCORE funds allocated to curbside recycling: 80% 2017 70% 2018 60% 2019 50% 2020 50% 2021 City recycling grant calculation: Number of households with curbside recycling in city Total SCORE Recycling grant ------------------------------- Funds available amount available x= for recycling Total number of households to the city with curbside recycling in county Eligible residential households are defined as single family thr-plex residential buildings or other residential buildings where each housing unitits own recycling container for curbside collection. The number of eligible househll be determined by counting the number of eligible households on January 1 of each city will report the number in its application for funding. B. Application for Funding Each municipality must complete an annual grant application by F for that year. The application consists of a web-based report and a planning document provided 2 by the county. The web-based report asks for contract, program, tonnage, and financial information. The participation rate for the curbside recycling p the web-based report. The municipality must calculate its participation October. The methodology for measuring participation must be provided to the county upon request. The planning document asks for a description of activit increase recycling and make progress toward county objectives. C. Use of Funds The following requirements apply to the use of recycling funds: All grant funds accepted from the county must be used for waste 1. capital and operating expenses in the year granted. The county will not reimburse any funds in excess of actual expenses. A municipality or joint powers organization may not charge its r 2. property tax, utility fees, or any other method for the portion costs that are funded by county grant funds. Municipalities must establish a separate accounting mechanism, such as a projec 3. number, activity number, or fund that will separate recycling re from other municipal activities, including solid waste and yard Recycling and waste reduction activities, revenues, and expenditures are subject 4. Municipalities that do not contract for curbside recycling servi 5. provided that at least 90% of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional 10% may be used for waste reduction and recycling expenses. The county may waive this requirement if the city negotiates a recycling improvement plan with the county. D. City Requirements 1. Materials Accepted At a minimum, the following materials must be collected curbside Metal food and beverage cans; " Glass food and beverage containers; " Cardboard boxes; " Newspaper and inserts; " 3 Mail, office and school papers; " Cereal, cracker, pasta, cake mix, shoe, gift, and electronics bo " Boxes from toothpaste, medications and other toiletries; " Magazines and catalogs; " Aseptic and gable-topped containers; and " Plastic bottles and containers, #1  Polyethylene Terephthalate (PET, PETE), #2 High " Density Polyethylene (HDPE), #4  Low Density Polyethylene (LDPE) and #5  Polypropylene (PP) plastic bottles, except those that previously materials or motor oil. The county may add materials to this list and require municipali one year of receiving notification from the county. Municipaliti materials not found on this list will be collected. 2. Education and Outreach The partnership between the county and municipalities has been h educating residents and motivating behavior change. In order to and increase these efforts, program activities of municipalitiesmust be coordinated with county and regional efforts. Municipalities must adhere to the f Use county terminology when describing recycling guidelines, inc a. description of materials accepted and not accepted, preparation idelines, and promotional materials; Use images provided by the county or the Solid Waste Management Coordinating b. Board (SWMCB) if using images of recyclables; Provide recycling information on the citys website, including m c. not accepted, a recycling calendar, and links to county resources; Mail a recycling guide to residents each year using a template d d. the county. The county will design and print the guide. If a mun the template produced by the county, the municipality may develop its own guide a the municipalitys expense, but it must be approved by the count relies on the hauler to provide the recycling guide, this guide the county. Complete two educational activities from a menu of options developed by the e. county. 4 Any print material that communicates residential recycling guide by the county template will require county approval. This does n and reuse, articles on recycling that do not include guidelines,or social media posts. The county will respond within five business days to any communicati 3. Recycling Performance On an annual basis, municipal recycling programs must demonstrat has been made to maintain and increase the pounds of recyclables per household collected from their residential recycling programs. If a municipality does not demonstrate measurable progress, a recycling improvement plan must be submitted by the municipality within 90 days of being notified by the county. The recycling improvement plan must be negotiated with the county an will be undertaken by the municipality to improve its recycling necessary to achieve county objectives. In cooperation with the county, the municipality may be required recycling sorts to identify recovery levels of various recyclablits community. Based on the results of the study, the county and municipality will colla of select recyclable materials being discarded in significant qu E. Grant Payments The county will make two equal payments to the municipality. One payment will be made after the county receives the application, which consists of the web-based report and the planning document. A second payment will be made after basic program requ outreach requirements, and recycling performance have been confirmed and approved. If the municipality meets the county requirements, both payments will b calendar year. Funding will be withheld until the municipality m policy. III. Organics Recycling A. Allocation of Funds The following formula will be utilized to determine a citys orgrecycling SCORE grant each year: 5 Percent of SCORE funds allocated to curbside organics recycling: 2017 20% 2018 30% 2019 40% 2020 50% 2021 50% City organics recycling grant calculation: Number of households with curbside organics in city Total SCORE Organics grant --------------------------------- x funds available for = amount available Total number of households organics to the city with curbside organics in county If the formula above results in cities receiving grants where th household is greater than $25 per year, then a cap will apply. T household is $25 per year. The most the county will grant a city is $25 per participating household per year. If funds are left over because of the cap, those funds will carry over into te following years SCORE funds. Eligible residential households are defined as single family thr-plex residential buildings or other residential buildings where the household is si and the household sets out its own container with organics for curbside collection. The number of eligible households will be determined by counting the numbereligible households on September 1 of each funding year. The city will report the number in the application for funding. B. Application for Funds Each municipality must complete an annual application provided b to receive funding. As a part of the application, a city must submit the number of households signed up for and receiving curbside organics service. C. Use of Funds The grant funds may be used for program expenses, including the Discount to new customers " Discount to existing customers " 6 Referral incentives " City contract costs " Education and outreach " Compostable bags " Kitchen containers " Carts " Organics drop-off sites " Program administration is not an eligible expense. Yard waste ex organics are co-collected with other waste, the organics expenses must be tracke a city passes funds through to a hauler, 100% of those funds must be credited to residents bills. In addition, the following requirements apply: All grant funds must be used during the term of the agreement. F " returned to the county. Funds must be expended on eligible activities per Minnesota Stat " A municipality or joint powers organization may not charge its r " property tax, utility fees, or any other method for the portion costs that are funded by county grant funds. Municipalities must account for organics expenditures separately " county. Expenditures are subject to audit. D. Education and Outreach Requirements The partnership between the county and municipalities has been h residents and motivating behavior change. In order to continue t these efforts, program activities of municipalities must be coord with county and regional efforts. The following requirements apply: Use county terminology when describing organics recycling guidel 1. description of materials accepted and not accepted, preparation promotional materials; Use images provided by the county or the SWMCB if using images o 2. Provide organics recycling information on the citys website, in 3. and not accepted, service options, and links to county resources Work with the county to develop promotional resources to increase 4. 7 E. Reporting A report on the citys organics program must be submitted electr February 15 following each year. The report must include, but is Basic Program Information Hauler(s) " Collection method " Where organics were delivered to and processed " Is service opt-in or opt-out " Cost of service to residents; contract cost for city " How the service was billed " Items included in service, such as curbside collection, cart, compostable bags, etc. " Results Tons " Number of households signed up " Average pounds per household per year " Participation (set-out rate on pickup day) " Program costs " How funds were used " F. Grant Payment The county will make one organics grant payment to a municipalit be made after the county receives the application and confirms t requirements of this policy. 8 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF SHOREWOOD RESOLUTION 20-116 RESOLUTION AUTHORIZING AMENDMENT TO RESIDENTIAL RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, pursuant to Minnesota Statutes, Chapter 115A.552, Counties shall ensure that residents have an opportunity to recycle; and, WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling program; and, WHEREAS, the Hennepin County Board adopted Resolution No. 20-0197 on June 2, 2020 to amend the Hennepin County Residential Recycling Funding Policy to allocate 2021 funds using same methodology as 2020, allow funds to be used for organics drop-off sites, and extend the contract period of the Residential Recycling Funding Policy from December 31, 2020 to December 31, 2021; and, WHEREAS, the City of Shorewood wishes to receive these grant funds in 2021 and in order to receive grant funds, the City must sign the agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota as follows: 1. The agreement is approved as proposed. 2. The Mayor and City Clerk or designee, are authorized to execute the Residential Recycling Grant Agreement with Hennepin County. th Adopted by the City Council on this 9 day of November 2020. ___________________________________ Scott Zerby, Mayor ATTEST ___________________________________ Sandie Thone, City Clerk 4A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Certifying Unpaid Charges Public Hearing Meeting Date: Monday, November 9, 2020 Prepared by: Joe Rigdon, Finance Director Reviewed by: Michelle Nguyen, Senior Accountant Attachments: 2020 Certification Listing (Preliminary) Policy Consideration: Pursuant to Shorewood City Code 903.09, Subdv. 3(e) Tax Assessments, all delinquent accounts may be certified by the clerk who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against respective property served and delivered to the city council for adoption prior to November 30 th of each year. Upon adoption the clerk shall certify to the County Auditor the amount due, plus a certification fee as established in the Shorewood Master Fee Schedule and the County Auditor shall thereupon enter the amount as part of the tax levy on the premises to be collected during the ensuing year. Background: The City of Shorewood is responsible for providing water, sewer, stormwater, recycling and other services to property owners within the city limits. The city has established fees for the provision of these services as delineated in the City’s Master Fee Schedule. All delinquent accounts were notified of the process pursuant to state statute and had sufficient time to make payment arrangements or pay the unpaid charges. In addition, all delinquent account holders were notified that property owners wishing to object to proposed assessments against their property should do so during the November 9, 2020 city council meeting where council would consider the assessment levied against their property. Action Requested: Staff respectfully recommends the city council hear and consider any property owner objections to the proposed assessments. No action is immediately required after the public hearing. Agenda item 9b is consideration of a Resolution Certifying Unpaid Charges to the 2021 Hennepin County Tax Rolls. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. 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 6A Title/Subject: Contract Award; City Project 20-10 Freeman Park Drainage Correction MEETING TYPE Meeting Date: Monday November 9, 2020 Regular Meeting Prepared by: Andrew Budde, City Engineer Reviewed by: Marie Darling, City Planner Attachments: Contract Award and Resolution Background: Freeman Park - Field 4 has been washing out and creating dangerous rills along the first base line after moderate rain events for some time. To prevent injury by players due to field conditions and to control the damage, the city’s public works staff has had to correct this problem each spring and after each rain event. This field is heavily used in the spring, summer and fall seasons. Even with the maintenance efforts, staff continues to receive complaints about the field’s condition. The washouts are created by the amount of runoff water that drains from the parking lot and surrounding areas down the first base line. To correct this situation, the staff proposes to collect stormwater run-off in a new storm sewer main along the edge of the parking lot and the north side of the field. This main would direct the storm water away around the field and then outlet to the west. The improvements would eliminate the severe washouts on the field and associated maintenance requirements by staff. At their September 22, 2020 meeting, the Parks Commission unanimously recommended this project be added to the City Capital Improvement Plan, but requested that the project be moved up if possible so that it could be finished before the spring softball season begins. At their October 20, 2020 meeting, staff gave a verbal update on the project and let them know that the project would be proceeding. They asked if they could have some additional information before the project proceeded to design, without knowing that the design was already nearly complete. The additional information related to the project design and the use of the field. The Commission was clear that they did want the project to move forward if possible, to minimize any impact to the field in the spring. The information that they requested will be presented at the November 10, 2020 meeting. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 To minimize spring impact on the field, staff took the initiative to complete the topographic survey, design, and solicited the project for quotes to help expedite the construction schedule. Quotes for the project were received on November 3, 2020. A total of three quotes were received and the low quote is submitted by Schneider Excavating and Grading, Inc. from Norwood Young America, MN. The bids are summarized below: Bidder: Total Bid Amount: Schneider Excavating & Grading, Inc. $69,602.70 G.F. Jedlicki, Inc. $81,158.00 Kusske Construction $84,800.00 Staff has reviewed all the quotes and based on the low quote from Schneider Excavating & Grading Inc., the construction costs of the project is 15% above the engineer’s estimate. The quotes received do indicate that the bidding process was th competitive. Construction work is estimated to start after November 9 with completion of the pipe and grading this fall, if weather conditions allow. If not installed this fall due to weather, the pipe and grading work is required to be started in April to minimize impacts to the field during the spring and summer. It is anticipated that some final grading and establishment of turf will be necessary into May of 2021. Financial Considerations: This project will be paid for from the Fund 402 (Park Dedication). Based on the low bid and an estimated 15% soft costs for engineering, construction administration, and legal, the overall Total Estimated Project Costs are $80,000. The City had included a total of $70,000 for this project in the CIP. Recommendation/Action Requested: Staff recommends award, in the amount of $69,602.20 to the low bidder, Schneider Excavating & Grading, Inc. Because the Park Commission had asked for some additional information as their meeting on November 10, 2020, the Council approval could be subject to the final positive recommendation by the Park Commission, as the City Council may deem appropriate. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 20-117 A RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR THE FREEMAN PARK DRAINAGE IMPROVEMENTS PROJECT 20-10 WHEREAS , pursuant to an invitation to provide quotes for local improvements designated as the Freeman Park Drainage Improvements, quotes were received, opened on November 3, 2020, and tabulated according to law; and WHEREAS, the City Council has determined that G.F. Jedlicki, Inc. provided the lowest quote in compliance with the quote documents in the amount of $46,811.00. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Schneider Excavating and Grading, Inc. from Norwood-Young America, MN. in the name of the City of Shorewood, according to the plans and specifications therefore approved by the City Council on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD this 9 day of November, 2020. ____________________________ Scott Zerby, Mayor ATTEST: ______________________________ Sandie Thone, City Clerk #7A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Variance to shoreland setback regulations Location: 5710 Ridge Road Applicant: Richard and Ingrid Hoyt Meeting Date: November 9, 2020 Prepared by: Marie Darling, Planning Director Review Deadline: January 19, 2021 Attachments: Applicants Narrative, plans and photos Resolution 97-64 Resolution 2020- Background: At the October 26, 2020 meeting, the City Council directed staff to provide a resolution approving the variance request based on the findings that the variance criteria have been met. The resolution approving the original variance is also attached. It included the following conditions, which also states the applicant had agreed to do: 1. The applicant remove the screen porch that was proposed on top of the deck. The applicant removed the porch, but installed a canopy over the deck instead. 2. The applicant reduce the size of the deck. 3. The applicant remove the existing shed and steel holding tank. The tank was removed, but not the shed. 4. The applicant remove the stairway adjacent to the northerly boundary of the property. The stairway is still in place. The draft resolution includes conditions that address 1 and 3, but not 2 and 4. To address conditions 1, the canopy (if approved) would need to meet the requirements of the building code for wind-loading. Condition 2 no longer applies. Condition 3 is addressed by including a condition that the accessory building be removed prior to issuance of any related building/zoning permits. Conditions 4 is not addressed in the resolution as staff does not support requiring the applicant remove the stairway because stairways are allowed in bluff areas and the stairway is needed to allow access up the slope during power outages. In addition, staff has included the following new conditions: a. The applicant would need to acquire all applicable building and zoning permits prior to construction. b. The applicant would need to provide a foundation or footings plan. c. Document that the canopy proposed would be designed to provide wind loading up to 115 miles per hour or remove the canopy from the plan. 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\Hoyt 5710 Ridge Road\Public Notices\CAF Memo 11 9 2020.docx d. Provide existing and proposed impervious surface calculations showing that the property is consistent with the 25 percent maximum impervious surface coverage. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: As always, the City Council may add, remove or amend any of the proposed conditions. Staff recommend the City Council review the attached resolution, provide direction on the conditions, and approve it as it deems necessary. Proposed motion: Move to adopt the attached resolution approving a variance for Richard and Ingrid Hoyt for property located at 5710 Ridge Road based on the findings and conditions in the attached resolution. Any action on this request would require a simple majority. 5710 Ridge Road Location Map RESOLUTION 2020-112 CITY OF SHOREWOOD A RESOLUTION APPROVING A VARIANCE TO THE SHORELAND REGULATIONS FOR A DECK FOR PROPERTY LOCATED AT 5710 RIDGE ROAD WHEREAS, Richard and Ingrid Hoyt, (the “Applicant”) are the owners of real property, legally described as: Lot 2, Block 1, Silver Ridge, Hennepin County, Minnesota WHEREAS , the Applicant has applied for a variance to allow a deck to be 6 feet from the Ordinary High Water Level (OHWL) where 75 feet is required; and WHEREAS , the Applicant’s request was reviewed by the planning staff, whose recommendation was included in a memorandum for the October 6, 2020 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS , the Planning Commission held a public meeting on October 6, 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 October 26, 2020 and November 9, 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/S zoning district. 2. Section 1201.26 Subd. 5 of the zoning regulations requires all structures to be set back 75 feet from the OHWL of Christmas Lake. 3. The deck is a replacement for a deck that was previously granted a variance to be six feet from the OHWL in another location and destroyed by a mudslide in 2014. 4. 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. 5. 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. 6. The Applicant’s proposal is identified on the application materials and plans submitted on July 27, 2020 and September 21, 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 at six feet to the OHWL of Christmas Lake. 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 practical difficulty is that the previously approved location is no longer suitable as a building site due to the 2014 mudslide and this creates the practical difficulties required to approve a variance. C. The City Council further finds that the variance request is the minimum action necessary to alleviate the practical difficulty. D. The City Council approves the variance subject to the following conditions: 1. The applicant must remove the accessory building near the shoreline prior to issuance of permits. 2. The applicant must acquire all applicable building and zoning permits prior to any construction. 3. With the permit application, the applicant shall provide the following: a. A footings or foundation plan. b. Documentation that the canopy is designed to withstand wind loading up to 115 miles per hour or remove the canopy from the plan. c. Provide existing and proposed impervious surface calculations showing that the property would be consistent with the 25 percent maximum impervious surface coverage. 4. 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. 5. 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 9 day of November, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A Title/Subject: Shorewood-Excelsior Sanitary Sewer Agreement Meeting Date: November 9, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Tim Keane, City Attorney REGULAR Attachments: 1991 Joint Use Sanitary Sewer Service Rental Agreement Between the City of Excelsior and the City of Shorewood; Resolution Background: At the October 13 work session, staff presented information about the 1991 and 1971 sewer agreements between Shorewood and Excelsior. As past billings for service were examined, it was discovered that since the 1991 agreement, a number of Shorewood sewer connections included in the 1991 formula, are not, and never had been, connected to Excelsior’s sewer mains. The two cities’ staffs have discussed the charges and the agreement, and while both parties agree that the 1991 agreement is poorly written and needs to be updated, we were not able to resolve the question of reimbursement to Shorewood of charges that should never have been included in the equation. At the work session, the council gave direction to staff to prepare a notice of cancellation of the agreement. In addition, a preliminary meeting with the Mayors and a council member from each city was proposed. Financial or Budget Considerations: Staff estimates that the amount of this payment over time, with interest, is approximately $320,000. Recommended Action: The council can decide to take no action, modify the Resolution, or adopt the Resolution. Staff has prepared a Resolution to serve as notice of cancellation and recommends it adoption by simple majority. Next Steps and Timeline: Staff will notify the City of Excelsior of Council action. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-118 A RESOLUTION CANCELLING THE 1991 SANITARY SEWER SERVICE AGREEMENT BETWEEN SHOREWOOD AND EXCELSIOR WHEREAS, In 1991 the cities of Shorewood and Excelsior entered into a Joint Use Sanitary Sewer Service Rental Agreement (Agreement) that provided for payment from Shorewood to Excelsior for the cost to convey sewage through Excelsior sewer mains to the Met Council interceptors; and, WHEREAS, An analysis of the information shows that a portion of the Shorewood connections that were included in the billing were never connected to the Excelsior mains; and WHEREAS, Shorewood city staff have attempted to negotiate for the return of funds that were paid, but for which no service was received, and negotiations were not successful; and WHEREAS, The Agreement contains a cancellation clause, NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Pursuant to paragraph eight of the Agreement, the council hereby gives notice that the Agreement is terminated. Staff is directed to send written notice to the city of Excelsior. 2. The Council finds there is sufficient evidence that indicates that Shorewood paid for a service that it did not receive, and for which the City of Excelsior incurred no cost, and that the value of that service should be refunded to the City of Shorewood. 3. The city staffs of each city should work to develop a new sanitary sewer service agreement that is equitable to both parties and accurately reflects the actual cost to provide the service. th Adopted by the City Council of Shorewood, Minnesota this 9 day of November 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk 9B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Certifying Unpaid Charges Meeting Date: Monday, November 9, 2020 Prepared by: Joe Rigdon, Finance Director Reviewed by: Michelle Nguyen, Senior Accountant Attachments: Resolution Certifying Unpaid Charges to the 2021 Hennepin County Tax Rolls 2020 Certification Listing (Preliminary) Background: Earlier in this meeting the Council held a public hearing regarding the certification of unpaid charges to the 2021 Hennepin County tax rolls. Delinquent charges are included for water, sewer, stormwater, recycling and other City services. In addition to the public hearing, all delinquent accounts were notified of the process pursuant to state statute and had sufficient time to make payment arrangements or pay the unpaid charges. To avoid certification to the 2021 rolls, payments for 2020 can still be made up to November 30, 2020. Recommendation/Action Requested: Staff recommends approval of the attached Resolution Certifying Unpaid Charges to the 2021 Hennepin County Tax Rolls. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. 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 RESOLUTION 20-119 A RESOLUTION CERTIFYING UNPAID CHARGES ON THE 2021 HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS , pursuant to proper notice given as required by law, the Shorewood City Council has met, heard, and passed upon all objections to the proposed certifications of unpaid charges for municipal fees and utilities; and WHEREAS , the delinquent amounts have been minimized through diligent collection efforts by city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: Such proposed certification of unpaid charges, a copy of which is available in the City Clerk’s office and referred to as Exhibit 1 and made a part of the resolution hereof, is hereby accepted and shall continue a lien against the lands named therein. Such certification, which is due to the County Auditor no later than November 30, 2020, shall be payable over a period of one year on or before the first Monday in January. The owner of the affected party may, at any time prior to certification of unpaid charges to the County Auditor, pay the whole of the certified unpaid charges to the city clerk on such property, including the assessment fee of $50.00 payable to the City of Shorewood. The clerk shall forthwith transmit a certified copy of this certification roll to the County Auditor to be extended on the property tax lists of the county and such certified unpaid charges shall be collected and paid over in the same manner as property taxes. Hennepin County Special Assessment Division is hereby authorized to certify the unpaid charges, on the property tax rolls payable in 2021, for the following services: Water Levy #20616 $9,741.84 Sewer Levy #20617 $43,567.31 Stormwater Levy #20618 $16,364.50 Recycling Levy #20619 $7,204.11 Exp./Fines Levy #20620 $13,329.34 Delinquent Fee Levy #20621 $5,900.00 Total Levy-City of Shorewood $96,107.10 preliminary ADOPTED BY THE SHOREWOOD CITY COUNCIL this 9th day of November 2020. ______________________________ ATTEST: Scott Zerby, Mayor ________________________________ Sandie Thone, City Clerk