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12-28-20 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 28, 2020 7:00 P.M. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute §13D.02, the Shorewood City Council meetings will be held by electronic means. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. For link issues at meeting time, call 952.960.7906. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes from December 14, 2020 Minutes B. Approval of the Verified Claims List Claims List C. Approve Arctic Fever Donation from The Pillars of Shorewood SCEC/Rec. Director Memo Shorewood Landing and American Legion Post 259 Resolution 20-136 D. Approve Finance Policies Finance Director Memo 1. Uniform Guidance and Federal Grants 2. Purchasing/Procurement/Payment of Claims E. Approve Shorewood Community & Event Center Donation SCEC/Rec. Director Memo From Bob Newman Resolution 20-137 F. COVID Leave Extension City Clerk/HR Director Memo 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. SLMPD Chief Mike Meehan CITY COUNCIL REGULAR MEETING AGENDA – December 28, 2020 Page 2 6. PARKS 7. PLANNING A. Denial of C.U.P for Fencing Planning Director Memo Location: 5730 Club Lane Resolution 20-130 Applicant: Roger and Roberta Aronson 8. ENGINEERING/PUBLIC WORKS A. Approve Final Plans and Specifications and Authorize Advertisement Engineer Memo For Bids for Glen Road/Amlee Road/Manitou Lane Street Project, Resolution 20-132 City Project 18-08 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Staff 1. C.U.P. for 23400 Smithtown Road B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 14, 2020 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Planning Technician Notermann; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Siakel moved, Sundberg seconded, approving the agenda as presented. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Labadie moved, Johnson seconded, Approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes from November 23, 2020 B. City Council Regular Meeting Minutes from November 23, 2020 C. Truth in Taxation Meeting Minutes from December 7, 2020 D. Approval of the Verified Claims List E. Approve 2021 Non-Union Wages F. Approve 2021 AFSCME Contract Reopener G. Approve 2021 Council Meeting Schedule, Adopting RESOLUTION NO. 20- 124, “A Resolution Setting the 2021 Regular City Council Meeting Schedule for the City of Shorewood.” H. 2021 Updated City Fee Schedule, Adopting RESOLUTION NO. 20-125, “A Resolution Adopting the 2021 City Master Fee Schedule, and ORDINANCE CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 2 of 13 576, “An Ordinance Approving an Amendment to Section 1300.03 of Shorewood City Code Titled “Land Use Fees”.” I. Accept Final Improvements Public Works Roof Project, Adopting RESOLUTION NO. 20-126, “A Resolution Accepting Improvements and Authorizing Final Payment for the Public Works Roof Replacement Project, City Project 19-06.” J. Accept Donation from Bolton & Menk for Arctic Fever, Adopting RESOLUTION NO. 20-127, “A Resolution Accepting Donation to the City of Shorewood 2021 Arctic Fever Event.” K. 2020 Audit Engagement Letter L. Holiday Schedule M. 2020 Deer Management Year End Summary Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR Petra Cripe, 450 West Lake Street, stated that she has an ongoing saga with her neighbor Gabe Jabour, who took down a fence at the end of the street. She explained that the fence was part of a CUP and has been working with Planning Director Darling for about the last eight months to try to have the fence replaced mainly for safety reasons for her son. She asked about the status on the fence replacement, when it is expected to be completed and how much time will be given to Mr. Jabour since it has already been eight months. She stated that she would also like to know about the other conditions within the CUP because her understanding is that none of the conditions were ever met. She stated that she feels this is a disservice to the Councilmembers who took the time to craft this CUP back in 1990. She listed examples of items that were included in the CUP that have not been done. She stated that she feels her family has been very patient in attempting to work with the City in order to enforce this CUP, and does not understand why it is not being enforced by the City. She stated that they have just been hearing excuses and would like to get some answers so she can stop bugging the Council. Mayor Zerby asked if any of the questions she had just asked had been answered via e-mail by Planning Director Darling. Ms. Cripe stated that her questions have not been answered and noted that she believes the latest excuse from Mr. Jabour has something to do with his welder having COVID-19. She asked if the City was planning to give him an infinite amount of time to complete this project. She stated that she hopes that Mr. Jabour is not just lying to the City to take advantage of them. She reiterated that there has been excuse after excuse for the last eight months and the fence has still not been put in place, even though the posts are all there. Mayor Zerby stated that his understanding is that the fence is in place and it is the gate that is all that is remaining. Ms. Cripe stated that this is not a standard gate and encompasses the entire road and is quite wide. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 3 of 13 Mayor Zerby explained that the gate is on the entrance to Mr. Jabour’s property according to Hennepin County property records. Ms. Cripe stated that she disagreed and noted that this is not officially the entrance to his property. She stated that his property does not have the address of 500 West Lake Street anymore and has been changed to 23400 Smithtown Road and the only signage to the property stating that it is the Minnetonka Dredge and Shorewood Yacht Club is off of 19 over near the regional trail. Mayor Zerby explained that a mailing address is different than the property address. Ms. Cripe stated that she doubts that is true and reiterated that the sign for his business is on Smithtown, not on West Lake Street. She stated that according to the CUP this location is not allowed to be an entrance and is only allowed as emergency egress. Planning Director Darling stated that she had spoken with the property owner earlier today and he showed her texts that he received today from his contractor. He explained that the gate will be metal which he expects to last longer than the wood gate that he had trouble opening. She noted that he had explained that the gate does need to be welded and they currently do not have the staff to complete the work because of COVID-19 cases. Ms. Cripe stated that according to the CUP it was very clear that the gate and the fence needed to be board on board wood, six feet high, and not a metal gate. She stated that she had asked Planning Director Darling for a picture of what they could expect and she was shown a picture of a board on board all the way across which is what is explicitly stated in the CUP. Mayor Zerby thanked Ms. Cripe for her comments. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Employee Service Awards i. Larry Brown, Director of Public Works – 25 years ii. Greg Fasching, Light Equipment Operator-Utilities, Public Works – 10 years On behalf of Council and the residents of Shorewood, City Clerk Thone presented service awards to Director of Public Works, Larry Brown for twenty-five years of service, and Light Equipment Operator – Utilities, Greg Fasching for ten years of service. She noted that each of them will receive a YETI Rambler Tumbler and small cash donation in recognition of their service. Mayor Zerby stated that it is unfortunate that in the times of COVID-19, the Council is not able to be together in person to honor these individuals and shared some of his experience serving with Public Works Director Brown. Councilmember Sundberg expressed her appreciation to Light Equipment Operator Fasching and Public Works Director Brown for their work in making the City look good. Public Works Director Brown shared how fortunate he is to be able to work with such a great team in the Public Works Department. Councilmember Siakel shared a story about “Sign-gate” and how Public Works got it straightened out and fixed. Mayor Zerby noted that Light Equipment Operator Fasching was not present for the meeting but wanted to point out that his mother also used to work for the City. Public Works Director Brown CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 4 of 13 explained that Light Equipment Operator Fasching was busy responding to an emergency call and noted how dedicated he is to serving the City well. Councilmember Labadie thanked Public Works Director Brown and Light Equipment Operator Fasching. She noted that she cannot even say how many times she has received e-mails from Public Works Director Brown after hours or on weekends and noted that the Public Works Department is not simply a 9 to 5 crew. Councilmember Johnson also expressed his appreciation to Light Equipment Operator Fasching and Public Works Director Brown. B. Park Commission Service Award i. Stephany Vassar, Park Commissioners On behalf of Council and the residents of Shorewood, City Clerk Thone presented a service award to former Park Commissioner Vassar. She shared examples of Commissioner Vassar’s involvement in helping out at the Community Center as well as helping staff the front desk when necessary and noted that she has been an all-around valuable person for the City. Planning Director Darling stated that Commissioner Vassar was a wonderful addition to the Parks Commission because she had first hand, working knowledge of all of the parks, which was amazing. She noted that Commissioner Vassar always had great ideas for the parks and agreed that she will be missed around the City. Councilmember Labadie stated that Commissioner Vassar even took her children to neighboring cities parks and took notes while she was there. She would then bring that that information back to the Parks Commission. She noted that she also worked as an ice rink attendant and was an all-around asset to the City. C. City Council Service Awards i. Scott Zerby, Mayor ii. Kristine Sundberg, City Council Member On behalf of Council and the residents of Shorewood, City Clerk Thone presented service awards to Mayor Zerby and Councilmember Sundberg and noted that this was a bittersweet moment. She stated that both of them have been exceptional and professional and from her point of view, having working in many different cities, this particular Council has been the most excellent she has ever worked with. She stated that Mayor Zerby had a total of eighteen years of service to the City in various capacities and Councilmember Sundberg had a total of eight years of service to the City and has been heavily involved in the City’s recycling and renewable energy efforts. Councilmember Siakel thanked Mayor Zerby for giving almost two decades of his life to the City and noted that he is really an advocate for the entire South Lake Area. She shared a few highlights that she feels were accomplishments for Mayor Zerby which included the trail plan and the Minnetonka Country Club. She noted that one thing she feels Mayor Zerby has always done well is listen to people and given people the opportunity and time to speak up and have time on the floor. She stated that Councilmember Sundberg has always been a balanced and thoughtful person. She stated that she has admired her work with elder care and advocating for older citizens and has numerous contributions to the City. She stated that she feels both Mayor Zerby and Councilmember Sundberg are A+ people and she has enjoyed serving with both of them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 5 of 13 Councilmember Labadie stated that it has been amazing working with Councilmember Sundberg. She explained that Councilmember Sundberg took her under her wing and showed her the ropes when she began. She stated that she respects Councilmember Sundberg’s position on environmental issues, elder care and her overall contributions to the City. She stated that she feels Councilmember Sundberg went above and beyond the basic requirements as a Councilmember and immersed herself into everything that came before the Council. She stated that Mayor Zerby has left some very large shoes for her to fill as the incoming mayor. She stated that he has been a great mentor to her personally, but also to the entire Council and the City. She stated that she agrees with Councilmember Siakel’s statement that he has been a leader for the entire South Lake Area. Councilmember Johnson stated that he has been on the Council for four years and all of the other Councilmembers have been mentors to him and encouraged him to think independently, which is one of the things he has appreciated about this Council. He stated that he likes that the Council can have differences of opinions but have respectful conversations. He explained that he thinks that “flavor” started at the top with Mayor Zerby. He stated that although the City is losing Councilmember Sundberg as a member of the Council, the work she does with elder care now, more than ever, will be extremely important and wishes her the best of luck with her continuing efforts. Mayor Zerby noted how important City Administrator Lerud has been to help the Council navigate difficult waters. He noted that City staff has been integral to the Council’s success and really makes thing shine. He stated that he will miss working with the entire Council and commended Councilmember Sundberg for doing such a great job. He stated that Councilmember Sundberg has always encouraged the Council to think big and look at the bigger picture. The environmental stuff and alternative energy stuff she has worked on has been outstanding. He stated that she was always the one to remind the Council to be civil when things would get a little heated. He stated that he hopes she will continue her work with the elder care after her work on the Council is done. Councilmember Sundberg stated that it has been an honor to work with everyone on the Council, staff, Commissions, and citizens. She explained that she appreciated that even when there have been tough discussions and difficult decisions, for the most part, things have been handled respectfully. She stated that she wished everyone the best and assured the Council that she will always be there to support the City as time allows. She stated that she truly believes the City staff can be considered the A Team. She stated that this City has quality staff and is well taken care of by them. D. Metro Mosquito Control District Annual Report City Administrator Lerud noted that the memo included in the staff report speaks for itself and pointed out the summary of the number of inspections that they handle. He stated that residents can reach out to City staff if they have issues, but are also welcome to reach out directly to Metro Mosquito Control with their concerns. Councilmember Johnson stated that he has been thoroughly impressed with the Metro Mosquito Control group. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 6 of 13 6. PARKS A. Report by Commissioner Gallivan on December 8, 2020 Park Commission Meeting Commissioner Gallivan thanked Councilmember Sundberg and Mayor Zerby for their years of service to the community and their leadership has not gone unnoticed. He gave an overview of the December 8, 2020 Park Commission meeting as outlined in the minutes. 7. PLANNING A. Report by Commissioner Gault on December 1, 2020 Planning Commission Meeting Commissioner Gault gave an overview of the November 17, 2020 and December 1, 2020 Planning Commission meetings as outlined in the minutes. B. Special Home Occupation Permit Location: 5740 Wood Duck Circle Applicant: Tasha Wagner Planning Technician Notermann gave an overview of the request by Tasha Wagner for a Special Home Occupation Permit to operate an in-home salon in her half of the duplex located at 5740 Wood Duck Circle. She explained that Ms. Wagner will provide typical salon services to clients one at a time, with a maximum of ten clients per day. She noted that all client parking will be off- street because Ms. Wagner has an extra hard surface on her driveway. She explained that there was some discussion at the Planning Commission surrounding COVID-19 protocols and Ms. Wagner already has training in this area from her work as a beautician. Staff and the Planning Commission recommend approval. Councilmember Johnson asked if the City had heard from her immediate neighbor on the other side of the duplex. Planning Technician Notermann noted that the City had only received one comment in support of the request, but it was not from the adjacent neighbor. Planning Director Darling stated that she had received some initial concern from the property owner of the adjacent property, because he thought there would need to be a variance applied in order to allow this Special Home Occupation Permit. She stated that she was able to explain to him that it is an allowed use in a residential neighborhood and what was allowed under the code and, he no longer had concerns. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 20-128, “A Resolution Approving a Special Home Occupation Permit for Property Located at 5740 Wood Duck Circle.” Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. C. P.U.D. Amendment for Height Location: 5920 Club Valley Road Applicant: Gonyea Homes CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 7 of 13 Planning Director Darling gave an overview of the request by Gonyea Homes for property located at 5920 Club Valley Road to amend the P.U.D. in order to allow the home to be taller than the allowed maximum height. She gave background information on the request in 2018 from Lennar and Gonyea for a P.U.D. amendment to allow forty of the walk-out lots to have taller homes to increase the variety of styles available throughout the development. She explained that this lot was not part of the original request because it was under contract for purchase in 2018. The original buyers have walked away from the purchase and the applicant is proposing a taller roof design. She reviewed the criteria taken into consideration as part of the request. Staff and the Planning Commission recommend approval. Councilmember Johnson asked if both of the adjacent homes were already built or under construction. Planning Director Darling stated that they are built and people are living in them. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20-129, “A Resolution Approving an Amendment to the Minnetonka Country Club P.U.D. for 5920 Club Valley Road.” Ms. Cripe asked for Planning Director Darling to read into the record the objection that was submitted. Mayor Zerby noted that the details on the objection were included in the meeting packet and available on-line. Councilmember Siakel assured Ms. Cripe that the full Council had read the objection. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. D. C.U.P. for Fencing Location: 5730 Club Lane Applicant: Roger and Roberta Aronson Planning Technician Notermann gave an overview of the request for a C.U.P for a special purpose fence for property located at 5730 Club Lane. She explained that the request is to construct a six-foot privacy fence for the purpose of enclosing the applicant’s rear yard and explained why a C.U.P would be required in this situation. Staff recommended approval and the Planning Commission recommended approval on a three to two split vote. She reviewed the conditions that were added by the Planning Commission. Councilmember Labadie asked about the recommendation from the Planning Commission and whether the City had received the requested letters of approval from the neighbors on each side of this home. Planning Technician Notermann stated that they were not included in the packet because she had received the letters over the weekend but noted that she had received letters of consent from both adjacent property owners. She noted that staff had not yet reviewed the landscape plan. Councilmember Labadie stated that it concerns her that there was a split vote from the Planning Commission regarding this item. She stated that she is also concerned that there were three separate reasons why this request was being made by the applicant. She stated that by changing the material to board on board, that issue has been addressed, but that still leaves two reasons for the setback and height. Commissioner Gault addressed the concerns raised by Councilmember Labadie and gave a more detailed account of the Planning Commission discussion and recommendation. He stated that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 8 of 13 this fence is proposed to be setback further than code requires and boundary fencing is allowed to be six foot high and explained that the only exception to the height is along Smithtown Road where the City has a four-foot height limit. Mayor Zerby stated that he agrees with Councilmember Labadie’s comments and feels the intent of this is to keep the community open without large walls along property lines. He stated that he is having a hard time visualizing a six-foot-tall board on board fence along Smithtown Road. Roberta Aronson, 5730 Club Lane, stated that their biggest concern is that their dog could get over a four-foot fence. She explained that their dog is a golden-doodle and weighs eighty pounds. She stated that he is not mean, but does have a deep bark and is concern that kids or others walking along Smithtown will be scared or startled by a dog lunging that way and be worried that he may get over the fence and come after them. Mayor Zerby noted that the City has a barking ordinance. Ms. Aronson stated that in their current rental his barking has not been a problem, but stated that his head will be able to be over a four- foot-tall fence which was their concern. Mayor Zerby stated that any time the City considers granting a variance they have to take a look at whether they are setting any precedents for other residents. Councilmember Siakel stated that she can understand why the Planning Commission had a split vote on this issue. She stated that she agrees with Mayor Zerby’s comments regarding the possibility of setting a precedent for other similar requests. Commissioner Gault stated that in the boundary fencing language, there is an exception for the four-foot height along an arterial road. He noted that apparently Smithtown Road is designated as a collector and not an arterial, however it is basically the only way in and out which is why the Commissioners that voted in favor of this request and the majority felt an exception should be made. Planning Director Darling explained that Smithtown Road is designated as a collector road which would allow a four-foot-tall fence in a side abutting a public road or in a front yard, but if you wanted a taller fence or privacy fence it would have to be kept back thirty-five feet from the property line along Smithtown Road or Club Lane. Councilmember Labadie stated that this again looks at numerous exceptions with the height and the distance to the road. Ms. Aronson asked if the spirit of allowing higher fencing along arterial streets was because of the busyness of the street. She asked if there may be some leniency allowed because Smithtown Road is a busy street even though it is not officially designated as an arterial street because she thinks the argument could be made that it has some of the same “flavor” as an arterial street. Planning Director Darling read aloud the language from the code that Ms. Aronson is referencing. Councilmember Johnson stated that he is also struggling with this item and is not sure what the design of the actual fence will look like. He asked if it was completely board on board or if it would be board on board for the bottom four feet and then lattice for the final two feet. He stated that he would like to see a rendering of the final proposed design along with the landscaping plan and letters of support from the neighbors. He stated that he shares the same concerns as the other Councilmembers about the look and feel along Smithtown Road. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 9 of 13 Ms. Aronson explained that the fence will be board on board because her understanding is that was it is approved by the City. Planning Director Darling explained that board on board is what has been approved to keep the design to keep the 25% open requirement. She explained that four feet of privacy fence and then lattice above is an alternative design possibility that she believes the applicant considered and discarded. Mayor Zerby stated that he thinks granting this will open a can of worms with other similar roadways throughout the City and explained that he cannot imagine seeing six-foot-tall wooden fences going up all along the City roads. Planning Director Darling explained the Council’s options and noted that if they were planning to deny the request, she would recommend that they continue the request to next Council meeting in order to allow for a resolution to be drafted and in front of the Council with specific language. Labadie moved, Johnson seconded, to continue the request by Roger and Roberta Aronson, 5739 Club Lane to the December 28, 2020 Council meeting and direct staff to prepare a resolution in support of denial of the request. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. E. Amendments to the Zoning Regulations Applicant: City of Shorewood Mayor Zerby commended Planning Director Darling for her hard work in taking a look at the City’s Zoning regulations. Commissioner Gault noted that he wanted to echo Mayor Zerby’s compliments to both Planning Director Darling and staff for the work they have undertaken in looking through the zoning regulations. Planning Director Darling gave a brief overview of the work done over the last year to amend and clean up the zoning regulations and noted that the Planning Commission recommended unanimous approval of the ordinance amendments. Councilmember Siakel complimented Planning Director Darling and the Planning Commission for taking on this tedious, but important work for the City. Siakel moved, Johnson seconded, Adopting ORDINANCE 575, “An Ordinance Approving Amendments to Section 1201 (Zoning Regulations) of City Code.” Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20-131, “A Resolution Approving Publication of Ordinance No. 575 by Title and Summary.” Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed 8. ENGINEERING/PUBLIC WORKS 9. GENERAL/NEW BUSINESS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 10 of 13 A. Adopt 2021 Property Tax Levy and General Fund Budget Finance Director Rigdon gave an overview of the Council discussions surrounding the 2021 Property Tax Levy and General Fund Budget. He noted that the overall General Fund budgeted expenditures are$5,579,120, which is 3.3 percent higher than the 2020 budget. The General Fund Revenues are budgeted at $5,462,938, which is a 16.5 percent decrease from the 2020 budget, mainly due to budgeting directly into debt service funds, rather than budgeting transfers. He noted that the budget includes use of reserves in the amount of $193,482. The City’s 2021 overall preliminary property tax levy is $5,973,743, which is two percent higher than 2020. Councilmember Siakel stated that she felt Finance Director Rigdon did a very nice job presenting this information at the Truth and Taxation hearing last week. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20-133, “A Resolution Adopting the 2021 General Fund Operating Budget and Approving the Property Tax Levy Collectable in 2021.” Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. B. Adopt 2021 Shorewood Community and Event Center and Enterprise Fund Budget Finance Director Rigdon gave an overview of the recommended 2021 budgets for the Shorewood Community and Event Center as well as the Enterprise Funds. He explained that Enterprise Funds were funds that are supported by user fees: Water, Sewer, Storm Water, and Recycling. Johnson moved, Sundberg seconded, Adopting RESOLUTION NO. 20-134, “A Resolution Adopting the 2021 Shorewood Community and Event Center Budget and 2021 Enterprise Fund Budgets.” Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. C. Adopt 2021-2030 Capital Improvements Plan and 2021 Capital Project Fund Budgets Finance Director Rigdon noted that the Council had discussed the proposed Capital Improvement Plan (CIP) a few times this year. He explained that a CIP provides an estimation of the timing and cost of future projects. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 20-135, “A Resolution Adopting the 2021-2030 Capital Improvement Plan, and 2021 Capital Project Fund Budgets.” Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. D. Letter of Intent with MetroNet City Administrator Lerud requested that this item be moved to the December 28, 2020 Council meeting. He explained that staff had a couple of suggested modifications to the letter, and they have not received a response from MetroNet in time for this meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 11 of 13 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. SCEC Year-End Report Park and Recreation Director Grout stated that 2020 started as a good year for the Shorewood Community and Event Center (SCEC) , however that came to a halt in March with the COVID-19 pandemic. She stated that the SCEC was closed from March 15, 2020 to June 15, 2020 and during that time staff took the opportunity to do some housekeeping, including painting, cleaning and organizing. She gave an overview of some of the activities and meetings that came back when the pandemic restrictions were lifted. She noted that staff is painting the interior doors and trim during the second, most recent closure. She stated that she is hopeful that 2021 will run more smoothly than 2020. 2. Update on Freeman Park Project City Engineer Budde stated that the work at Freeman Park is substantially complete and all of the pipe has been put into the ground. He stated that it has been stabilized for the winter and will have grass planted in the springtime as well as complete a few things that need to be fine-tuned with regard to grading and should be ready by early spring. 3. Woodside Road/Woodside Lane Street Project update Public Works Director Brown explained that the cul-de-sac at the end of Woodside was waiting for a special storm sewer design to address some drainage concerns in the area. He stated that they needed to wait for the Minnesota Indian Affairs Council to approve the change, which came back to the City about three weeks ago. He stated that the contractor was able to get out and install the storm sewer and the residents in the area are happy with the improvements. He stated that there will be a rain garden put in during the spring months, but they are excited about the existing improvements. He stated that there are also a number of homes that will hook up to City water, but they will be putting a halt to this activity until spring, because frost conditions are starting to prevail. Other Planning Director Darling stated that she recently received a call from the Planner for the City of Minnetrista to let her know that the parcel of property that is close to the City that is owned by the Masonic home is likely going to be developed into a lower density residential neighborhood. She stated that because it is currently owned by an institution it is guided as semi-public in the Comprehensive Plan so in order to develop it for a low-density residential development, they will have to amend their Comprehensive Plan and expects the City to receive a formal notice within the next few months regarding those plans. City Administrator Lerud stated that the bids for the storm water drainage and concrete work at the Public Safety building were opened last week. He noted that the bids were favorable and noted that the Excelsior Fire Board and the South Lake Minnetonka Police Department Coordinating Committee will be meeting this week to determine if they want to recommend that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 12 of 13 the EDA accept the bid for the project and if so, there will be an EDA meeting immediately following the Council meeting on December 28, 2020. Mayor Zerby stated that he has noticed the No Outlet signs that Public Works has been putting up around the City which he thinks is very helpful and much appreciated by the residents. He asked about the new Tonka Bay buildings that are going in next to the Public Works facility. Public Works Director Brown stated that he has been in touch with the Tonka Bay City Engineer regarding that project and knows that they are finalizing the foundations for the second building and starting to get the first floor at ground level in for both of the buildings. He stated that from the City’s viewpoint, there was the issue of looking at replacement of a short section of utilities so once everything is developed there is not a larger cost. He stated that the Tonka Bay Engineer is keeping this item at the front of the contractors work list. Councilmember Johnson asked about when the City will flood the ice rinks. Public Works Director Brown stated that after one to two nights of colder weather, the City starts getting e-mails asking why the City has not made ice yet. He explained that when they pull water from the hydrants it is about fifty-five degrees and when they start flooding rinks, if there has not been enough frost, they end up warming things up by putting the fifty-five-degree water on the ground. He stated that they need two weeks of weather that is cold enough to drive the frost into the ground before flooding will be effective. He noted that the City will be putting out “Thin Ice” signs on Manor Pond and reminded the Council that right now in the Twin Cities, ice is still very unpredictable. Councilmember Johnson stated that he had driven by Crescent Beach and noticed that the City of Tonka Bay had a sign with their logo on it, that appears to be on Shorewood property or possibly the City’s fire lane. Councilmember Siakel stated that she had also seen the sign, but had assumed that it was on the border. Public Works Director Brown explained that the City actually owns the ditch and there is a small portion of the beach that the City also owns, but noted that it is very small. He stated that they will go take a look and review the location of the sign to make sure it is not on City property, including the fire lane. B. Mayor and City Council Councilmember Labadie asked if, after the hard freeze, whether the City would flood all three rinks. Public Works Director Brown stated that the recommendation of the Parks Commission was to forego flooding of the Freeman Park rink and just flood the Cathcart and Manor rinks. Councilmember Labadie stated that she agrees with Public Works Director Brown’s statement about the ice in the area being unsafe right now. She noted that she is the City’s representative for the Excelsior Fire District Board and pointed out that on December 4, 2020, they performed a water rescue. She explained that a car was traveling in Tonka Bay, hit a pole and exited the road and was upside down in Lake Minnetonka. She noted that the crew happened to be on their way to a different emergency and noticed the hole and the taillights in the water. Chief Mackey and Lieutenant Hine responded immediately to rescue the occupant of the vehicle and then continued to respond to the original call. She noted that numerous local television news programs ran stories about this rescue recently and congratulated the individuals involved in the rescue. She stated CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2020 Page 13 of 13 that in her opinion, the City has a great fire department and is well served by its first responders from both the police and fire departments. 11. ADJOURN Labadie moved, Sundberg seconded, Adjourning the City Council Regular Meeting of December 14, 2020, at 9:08 P.M. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Verified Claims Meeting Date: December 28, 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. 66589 - 6661 & ACH Total Claims $ We have also included a payroll summary for the payroll period ending December 20, 2020. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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(("+)./ ,.MI,.NN\\4J.ZHNL,JM4B \[,;\\\\K,4\\MZR.4ZJMEL,JM4B '$(#)"*+"!EBFB,GHI;J4KJL,JM4B#=Q(-N0$&7&5T%,R',N&5!0,N&!28&2! ,S,H875,R',N T !,J06!5U 0 %&47 89MH#=QY-47 89\[N@/$%% &5%9>,452%&!3,4?2<,)%'N&! &,R 8?>0>&$5%-H%87>%& '\[55'$' ,R',N&! &,R 8?>0>&$5%H875,R',N&5!0,N T !,J06U0&47 89Z5&>?,:5!,47 89,R2%Z5&>?,5:,M20< !,5:,47 89 0%123 %()*))*)+)+,-,++++AB()B)+)+,-,44-()-)C-)+)+ (DC((ADA(+ """ \[55'$' R' .8852%&,#>3><? 45062& !,47 89,#!55:,;$&,<3 !"#!$%& '"@>&87" !"#$%&!= %'5!#=Q(-NRSHR= %'5!#=QY-= %'5!+-++)D)W-YV+-YAR-+()C+D-+++-)XR-+(AWD+-+++-(VR-+(XX(Y-+++-W.#-45062& !,47 89,#!55:,;$&,<3 City of Shorewood Council Meeting Item Title / Subject: Resolution Accepting The Pillars of Shorewood 2C Landing and American Legion Donation to Arctic Fever Event MEETING TYPE Meeting Date: Monday, December 28, 2020 Regular Meeting Prepared by: Twila Grout, Park and Recreation Director Reviewed by: Sandie Thone, City Clerk/Human Resources Director Attachments: Resolution Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and §471.17 all donations or gifts of real and personal property, including donations for the benefit of public recreational services, must be accepted by the city council. Background: The following persons or entities have offered to contribute the cash amounts set forth below, for the purpose of the 2021 Arctic Fever Event being held on January 16, 2021: Name of Donor Amount The Pillars of Shorewood Landing $500.00 American Legion $500.00 Financial Considerations: These donations will help to cover expenses incurred for the 2021 Arctic Fever Event. Action Requested: Staff respectfully recommends the city council approve the Resolution Accepting Donations as Delineated in the Resolution to the 2021 Arctic Fever Event and direct staff to send a thank you note to all donors. Motion, second and two-thirds majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RESOLUTION 20-136 A RESOLUTION ACCEPTING DONATIONS TO THE CITY OF SHOREWOOD 2021 ARCTIC FEVER EVENT WHEREAS, the City of Shorewood is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of their public recreational services pursuant to Minnesota Statutes section 471.17; and WHEREAS, the following persons and entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount The Pillars of Shorewood Landing $500.00 WHEREAS, the terms or conditions of the donations are to be used for the 2021 Arctic Fever Event; and WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The donations described above are accepted and shall be used to establish and/or operate services either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donor’s donation. Passed by the City Council of Shorewood, Minnesota this 28th day of December, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk #2D MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: Finance Policies Meeting Date: December 28, 2020 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachment: Uniform Guidance and Federal Grants Policy 2020 Purchasing/Procurement/Payment of Claims Policy 2020 Upon consultation with the City’s auditor, it has been recommended that the City draft and adopt the following two finance policies: 1. Uniform Guidance and Federal Grants Policy Uniform Guidance is a government-wide framework for grants management and provides an authoritative set of rules and requirements for federal awards. It is the foundation on which federal agencies develop their policies for grants and cooperative agreements. The City is not required to have a federal single audit for 2020, but the uniform guidance should still be put in place. Some of the written policies, procedures and standards of conduct required under the Uniform Guidance include:  General grant guidance  Internal Controls  Travel  Financial management and accounting records  Personnel compensation documentation  Conflict of interest  Procurement  Report certification  Financial reporting  Performance reporting  Allowable costs  Documentation Financial Impact: No tangible impact 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 2. Purchasing, Procurement, and Payment of Claims Policy The objectives of the Purchasing, Procurement, and Payment of Claims Policy are:  To obtain supplies, equipment, and services as economically as possible.  To purchase materials which are best suited to the specific needs of departments.  To improve the speed of delivery to departments by predetermining, through contracts or other appropriate means, the sources of supply before the actual needs.  To promote fair and open competition among bidders.  To ensure compliance with all applicable policies, statutes, and regulations of the City, the State, and the Federal Government. Financial Impact: The policy does include language formalizing that Department heads or their designees have the authority to purchase on the open market, limited to items of $10,000 or less for the public works department, and $5,000 or less for non-public works departments. Options: The City Council may choose to: 1. Adopt the Uniform Guidance and Federal Grants policy 2. Adopt the Purchasing, Procurement and Payment of Claims policy 3. Modify one or both finance policies Recommendation / Action Requested: Staff recommends that the City Council adopt the Uniform Guidance and Federal Grants policy, and the Purchasing, Procurement and Federal Grants policy. CITY OF SHOREWOOD, MN UNIFORM GUIDANCE AND FEDERAL GRANTS POLICY ADOPTED 12/28/2020 This policy is to document federal grant procedures and to form a policy according to Office of Management and Budget (OMB) Federal requirements. These procedures will be decentralized which means each department will oversee and document the requirements and fulfillment thereof for federal grant requirements; this should also be used for more sizable and complex state grants. Under federal guidelines the City (includes EDA) will need to have a single audit when the City earns (may be different than actual receipt of) greater than $750,000 in federal monies (grants). Under these guidelines it further defines major grants as those of $750,000 or more. When a program reaches this size it is more likely to be audited; however, smaller grants may be audited to reach a certain dollar amount of dollars that must be audited. Note that many federal grants are funneled through the state so just because funds come from a state department does not mean it is automatically a state grant. The grant document will need to be reviewed in each case and a determination whether it is a state or federal grant will be made; if there is a question, a definitive answer from the grant representative from the state should be obtained. The Catalog of Federal Domestic Assistance (CFDA) number should be obtained from the agency if it is not in the grant document. This is a five digit number in this format: ##.### (two numbers which denotes an administering federal department, and then three numbers which is the grant number within the federal department. According to regulations the City will also need the Federal award ID and year; name of federal awarding agency; and pass- through entity’s name (if applicable). All of these items will need to be included in the financial system. General Grant Guidance: 1. Find a project or purchase that fits a federal grant criteria. 2. The responsible department will contact the appropriate state or federal department (whichever the case may be) to start the process and inquire about the requirements of the grant. 3. Start a file during this process and label everything well so there is no difficulty finding the documents needed when being audited. Make sure it is well laid out. 4. The responsible department will create an action form for the appropriate government body (Council, EDA) to request they approve attempting to receive this new grant. a. This action form should contain ALL important information concerning this grant even INCLUDING any additional requirements that the grant may have such as continuing reporting for years to come; inability to sell an 1 asset after used for certain amount of time; required future upkeep of an asset at local entities expense; or other important information as deemed appropriate. 5. Responsible department needs to document all requirements and then follow the grant procedures. These requirements may need to be fulfilled before the grant can be applied for. Some requirements may be (please note that some of these may not be able to be documented or completed until after grant award): a. Improvement plan b. Is this improvement plan in a capital plan c. Plans and specifications d. Bidding requirements e. Data requirements (i.e. invoice and receipt retention, reports, schedules, etc.) f. May need to hire a consulting firm g. Scope of project h. Cost estimates i. Projected timelines j. What project reports will be required k. Document what steps will be needed for grant closeout 6. Once all the documents needed to apply for the grant are obtained, then apply. 7. Obtain all necessary grant documents and requirements once the grant is approved. 8. Follow through and progress through the project to completion. 9. File all grant reports as requested per the grant and on a timely basis. Ensure all requirements are well documented. Internal Controls: 1. Uniform guidance requires our organization to have effective controls in place to manage federal awards and show compliance with Federal statutes, regulations, and terms and conditions of the award. a. The section “General Grant Guidance” and following internal policies will fulfill these requirements. 2. Uniform guidance requires that there are reasonable procedures in place to protect Personally Identifiable Information (PII) as sensitive by Federal agency or pass-through entity. a. The City of Shorewood/EDA has approved a Data Practices Policy that outlines different types of data and what must be followed regarding dissemination of data. This policy may not be all encompassing; however, between that and implementation of other grant rules and procedures the controls are in place to protect PII. b. Another item to consider is storage of this data. PII should be kept in a locking file cabinet or computer system that is only accessible to people authorized to have that access. 2 i. In regard to keeping documents within Laserfiche, it is possible to have a directory that would only be accessible to those who are authorized to have access to that directory. c. Follow other normal operating procedures in regard to purchase requisitions, contracting and bidding, and submitting of claims. Travel: 1. According to federal grant guidelines, the City’s travel policy is in accordance with what the City allows for travel costs. a. The City’s travel guidelines must be followed. No travel costs can be submitted that are contrary to the City’s policies. The City’s travel policies are within the personnel policy guidelines and the City sends out updates to any mileage and meal per diems that have changed. b. If costs for a conference are being charged to a grant directly or through an indirect cost allocation; the supporting documentation of attendance must be retained by the participant and/or department. Financial Management and Accounting Records: 1. Financial system must identify all federal awards in all accounts that are received and expended by: a. CFDA number and title b. Federal award ID and year c. Name of federal awarding agency d. Pass-through entity’s name 2. Major Federal Grants - Each department will need to contact the Finance department with the information in number one above for major federal grants so that the appropriate Project Accounting Codes can be set up. a. Project accounting is a system that works along with the main general ledger. This will allow for proper identification that the federal government is requiring. b. Major federal grants will be defined as grants that require multiple entries for the receipt of the federal grant and multiple expenditure items of the federal grant. It would also be further defined as greater than $100,000 in expenditures or revenues. 3. Minor Federal Grants – Each department when asking for a federal grant to be receipted into the general ledger system will need to be accompanied by the information in number one above so that the information can be entered into the detailed description. The same will be true for expenditures that when entered into the system the information required above will need to be entered into the detail description. 3 a. A minor program would be a grant that is less than $100,000 and also only has very few number of transactions needing to be entered such as one receipt and one expenditure. 4. Follow the City’s procedures in relation to expenditures. 5. Each department must know the requirements of the grant they are receiving and ensure that the allowability of costs are well documented including allowability of costs in accordance with Subpart E Cost Principles if applicable on the grant. 6. To receive advance payments: a. Written procedures must be in place by the departments to minimize time between transfer of funds and disbursement by the entity. 7. Payments to subrecipients are: a. Not required to be maintained in separate depository accounts for federal awards, b. Required to be accounted for by receipt, obligation and expenditure of federal awards. Documentation must be kept, and very good descriptions used on expenditures to the system. If using a project account, more defining items could be set up to provide better information, but each department will need to contact the finance department to aid in this endeavor. Personnel Compensation Documentation: 1. Written policies and procedures for personnel compensation a. Employees will follow current personnel policies b. Management must communicate with employees how to record their time on timesheets to designate that the work is for a federal grant or possible federal grant. c. When entering time information, staff must enter project accounting codes so that payroll time is properly recorded. d. Timesheets must be sent to the finance department for imaging and sorting for backup in relation to the federal grant (mostly used for FEMA grants). e. Documentation must be maintained for all employees whose salaries are paid in full or in part by a federal award and used in meeting cost sharing or matching requirements on federal awards. Conflict of Interest: 1. All potential conflicts of interest must be disclosed in writing to the federal awarding agency. a. City officials need to make themselves aware of other interests that employees may have or own. For example, an employee involved in a sideline business or a spouse involved in a business. i. Officials must be aware of their own business interests. 4 ii. Officials need to keep note of other businesses employees may be involved with. iii. The City may want to state to their employees and ask questions whether they are involved with other businesses. iv. Read and understand the code of Conduct in the City’s employee handbook. b. Federal award recipients must disclose, in a timely manner, all violations of Federal criminal law in writing that involve fraud, bribery or gratuities that affect a federal award. This information must be reported to the federal agency or pass-through entity. If the City fails to do so it may forfeit a portion or all of the federal award. Procurement: 1. The City must have written procurement procedures that comply with federal, state, and local laws and regulations. a. Follow state guidelines in regard to bidding and contracting. b. Follow the policy document from the Finance Department in relation to purchasing, procurement and payment of claims. When following these procedures, it should and must include full and open competition consistent with uniform guidance standards. 2. Contract only with responsible contractors that can meet the requirements, and terms and conditions. Some items to consider are: a. Contractor integrity b. Compliance with public policy c. Record of past performance d. Financial and technical resources 3. Conflicts of interest for procurement: a. Follow the City’s code of conduct in the personnel policy manual. b. Avoid purchasing unnecessary or duplicative items under the grant contract. c. Maintain sufficient detailed records to provide an audit trail for the procurement. 4. Identify the procurement method: Under federal guidelines there are different sizes of purchases and requirements that they follow. a. Micro purchases are purchases not to exceed $10,000. i. Follow the City’s normal purchasing procedures in the internal control documents. Issue purchase requisitions when policy requires. ii. Distribute as equitably as possible among qualified suppliers. iii. Policy is that more than one price quote should be obtained if possible but is not required if the price is reasonable. iv. Purchasing from small and minority businesses, women’s business enterprises and labor surplus firms when possible. Steps must include: 5 1. Placing qualified small and minority businesses and women’s business enterprises on a solicitation list. 2. Assuring that small and minority business, and women’s business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in these five items above. b. Small purchase procedures which are relatively simple and informal procurement methods for securing services and supplies of less than $250,000 under federal guidelines. i. Follow City guidelines in relation to purchasing and contracting and bidding for these items and follow state statutes which would require competitive quotes above $25,000 and sealed competitive bids after $175,000 except possibly for emergencies. ii. Stay in contact with the federal or state agency that is coordinating this grant with to ensure compliance. iii. Purchasing from small and minority businesses, women’s business enterprises and labor surplus firms when possible. Steps must include: 1. Placing qualified small and minority businesses and women’s business enterprises on a solicitation list. 2. Assuring that small and minority business, and women’s business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in these five items above. c. Sealed bid procurements with formal advertising are for items exceeding $250,000 (> $175,000 for the City). i. Follow City guidelines in relation to contracting and bidding which are the same as MN State statute (> $175,000). ii. Stay in contact with the federal or state agency that is coordinating this grant with to ensure compliance. iii. Purchasing from small and minority businesses, women’s business enterprises and labor surplus are firms when possible. Steps must include: 1. Placing qualified small and minority businesses and women’s business enterprises on a solicitation list. 2. Assuring that small and minority business, and women’s business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in these five items above. d. Sealed bid procurements without formal advertising are for items exceeding $250,000. It would be a rarity that this will occur. i. Follow city guidelines in relation to contracting and bidding (> $175,000) which are the same as MN State statute. ii. Stay in contact with the federal or state agency that is coordinating this grant with to ensure compliance. iii. Purchasing from small and minority businesses, women’s business enterprises and labor surplus are firms when possible. Steps must include: 1. Placing qualified small and minority businesses and women’s business enterprises on a solicitation list. 2. Assuring that small and minority business, and women’s business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation 7 by small and minority businesses and women’s business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in these five items above. iv. Complete cost/price analysis; 1. Method used and level of analysis depends on facts surrounding the procurement action. v. Recipient must make independent estimates before receiving bids or proposals. e. Non-competitive proposals or bids i. Review use of non-competitive proposals, if used and when to use: 1. Item or service is available from only one source. 2. Public emergency exists. 3. Awarding agency or pass-through entity expressly authorizes non-competitive proposals in response to a written request from the City. 4. Competition is inadequate after a solicitation is issued. f. RECIPIENT MUST ENSURE THAT AWARDED CONTRACTS ARE NOT AWARDED TO A CONTRACTOR THAT IS DEBARRED OR SUSPENDED. i. Verify in Excluded Parties List System (EPLS) in the System for Award Management (SAM). Report Certification: 1. An authorizing official needs to sign a certification regarding the filing of documents. a. When the grant is approved by the governing body, have the official that will be signing the grant documentation approved for all of the grant documents going forward including this certification. b. Certification: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” 8 Financial Reporting: 1. Use OMB approved government wide data collection instrument (currently SF- 425 Federal Financial Report). 2. Frequency of reporting will be identified in the grant documents. Check your documentation. 3. If more guidance is needed, check with the federal agency or pass-through entity. Performance Reporting: 1. Uniform guidance requires Federal agencies to include performance goals or measures in awards and recipients are to report against those goals or measures. a. Read and understand the grant document in relation to performance reporting requirements. b. Performance reporting will require the following: i. Recipients are to relate financial data to performance accomplishments. ii. Oversight and monitoring must cover each program or activity. iii. Performance report timeframes will be defined by awarding agency or pass-through entity. c. Expectations of performance reports (non-construction): i. Comparison of actual accomplishments of each federal award for the established reporting period by submitting: 1. Quantifiable data (cost/units) when available 2. Trend data or data analysis 3. Other defined measures ii. Reasons why goals were not met: 1. Analysis/reason why goals not met 2. Explanation of any cost overruns 3. (Identification of or if goals will be met) d. Expectations of performance reports (construction) i. On-site technical inspection reports ii. Certified percentage of completion data iii. Additional reports as required by Federal agency iv. Data and Information that identifies: 1. Significant developments between scheduled reporting dates, e.g., delays, problems, adverse conditions 2. Identify any action taken, contemplated, or assistance needed 3. Identify favorable conditions v. Policy and Procedures considerations: 9 1. Entities should consider having procedures that describe when to start collecting data for the report, who shall review the report, who shall sign the report, and when the report will be submitted. 2. Build in a timeline for submission and know the reportable measures for the reporting period to eliminate constant revisions. 3. For special data collection, procedures may need to reflect unique steps to take to collect and analyze data for reporting purposes - may require interim procedures to satisfy current reporting. Allowable costs: 1. Uniform guidance provides a listing of certain items of cost that require prior written approval. This should be covered in the grant documents or in indirect cost principles. a. Recipients must seek written approval from cognizant agency for indirect costs. b. Recipients make the request in advance of incurrence of special or unusual costs. c. Agency written approval should include timeframe or written agreement. d. See list found at section 200.407 at ECFR.gov (Electronic Code of Federal Regulations). Documentation: 1. Documents associated with a particular action (examples): a. Travel, e.g., airline tickets, authorized travel request, hotel receipts, conference registration, mileage records, etc. b. Procurement, e.g., request to buy (purchase), quotes from suppliers, written agreement/contract to purchase or an order, receipt of goods or completion of services, invoice, etc. c. Personnel Compensations, e.g., timesheets, calendars with worked hours, approved or authorized schedules. d. Performance Reports, e.g., activities completed, associated costs, log of attendees/those served, publications or written material, etc. e. Financial Reports, e.g., receipts, invoices, payroll schedules, etc. 10 CITY OF SHOREWOOD, MN PURCHASING, PROCUREMENT AND PAYMENT OF CLAIMS POLICY ADOPTED 12/28/2020 PURCHASING Objectives: The purchasing policies of the City are established by the City Council by using guidelines set forth by Minnesota State Statutes. These policies are designed to provide guidance and instruction to the staff involved in the purchasing process. They set forth the authorities and responsibilities of those participating in the system and outline the requirements of pertinent statutes and regulations. Council grants staff the authority to purchase materials and equipment within the budgeted amount previously approved by Council under the following guidelines. The objectives of the purchasing policy are:  To obtain supplies, equipment, and services as economically as possible.  To purchase materials which are best suited to the specific needs of departments.  To improve the speed of delivery to departments by predetermining, through contracts or other appropriate means, the sources of supply before the actual needs.  To promote fair and open competition among bidders.  To ensure compliance with all applicable policies, statutes, and regulations of the City, the State, and the Federal Government. All employees of the City shall comply with all local, state, and federal statutory requirements regarding purchase of materials or services. Purchasing Standards and Methods: In general, purchases for the requirements of the city shall be made by each department subject to the conditions of this Purchasing Policy. Purchasing will be done on a competitive basis and consistent with the approved annual budget or Capital Improvement Program. Department heads or their designees have the authority to purchase on the open market, limited to items of $10,000 or less for the public works department, and $5,000 or less for non-public works departments. Procurement/Competitive Bidding: To facilitate a competitive and cost-effective purchasing operation; the City shall follow the following procurement methods: 1 Contracts of Less than $25,000 Examples of purchases include expenditures for supplies, materials, or equipment with a cost of less than $25,000. These purchases may be made on the open market, or by obtaining quotes. At least two quotes are recommended (if practicable) and should be kept on file at least one year. Contracts From $25,000 to $175,000 Contracts from $25,000 to $175,000 may be made by either using the competitive bidding process or by directly negotiating the contract. If using direct negotiation, the city must obtain at least two quotations when possible and keep them on file for at least one year. If the Council decides to solicit sealed bids, it must follow all the requirements of the bidding process and cannot change the process midway through. Contracts Over $175,000 The uniform municipal contracting law (Minnesota Statute § 471.345) requires cities to use the competitive bidding process for certain contracts estimated to exceed $175,000. The competitive bidding law applies to:  Contracts for the sale, purchase, or rental of supplies, materials, or equipment.  Contracts for the construction, alteration, repair, or maintenance of real or personal property. For contracts over $175,000, sealed bids solicited by public notice are required and are subject to specific statutory requirements. However, exemptions to the competitive bidding process include the following:  Contracts less than $175,000  Cooperative purchasing venture (State contract)  Professional services, such as engineers, attorneys, and accountants  Insurance contracts  Reverse auctions  Purchases from other government agencies  Real estate  Public safety equipment (used)  Emergency contracts Cooperative Purchasing: Cities may make purchases jointly with one or more governmental units through cooperative purchasing. Several governmental units can authorize one city to solicit bids on behalf of all participating units. 2 A variety of equipment and supplies may be purchased from state contracts. The Department of Administration operates a cooperative purchasing venture (State contract) that cities can join. For contracts estimated to exceed $25,000, a city must consider the availability, price, and quality of supplies, materials, or equipment available through the state cooperative purchasing venture before buying through another source. A city may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements if the purchase is through a national municipal association’s purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source based on competitive bids or competitive quotations. Reverse Auctions: Electronic reverse auctions differ from a traditional auction in that vendors bid against each other to offer the lowest selling price for a particular contract in an open and interactive electronic environment. A city may contract to purchase supplies, materials, and equipment (but not services)—Minnesota Statute § 471.345, subd. 16. Best Value Contracting: Best value contracting provides an alternative to the competitive bidding process for contracts for construction, building, alteration, improvement, or repair work. A city may award this type of contract to the vendor or contractor offering the best value through the request for proposals (RFP) process set forth in state law. With best value, cities can consider performance factors, along with price, when awarding construction project contracts. Performance criteria may include, but are not limited to:  Quality of performance on previous projects.  Timeliness of performance on previous projects.  Level of customer satisfaction on previous projects.  Record of performing previous projects on budget and ability to minimize cost overruns.  Ability to minimize change orders  Ability to prepare appropriate project plans  Technical capabilities.  Qualifications of key personnel.  Ability to assess and minimize risks. The RFP must set forth the criteria used to evaluate best value contracting. The RFP also must state the relative weight assigned to price, as well as to other selection criteria. PAYMENT OF CLAIMS: 3 Pursuant to Minnesota Statute § 412.271, subd.1, no disbursement of city funds shall be made except by an order drawn by the mayor and clerk upon the treasurer. Except when issued for the payment of judgments, salaries and wages previously fixed by the City Council or by statute, principal, and interest on obligations, rent and other fixed charges, the exact amount of which has been previously determined by contract authorized by the City Council, no order shall be issued until the claim to which it relates has been audited and allowed by the City Council. Prompt Payment of Claims: Minnesota Statute § 471.425 requires that cities pay each vendor obligation according to the terms of the contract or, if no contract terms apply, within the standard payment period unless the city in good faith disputes the obligation. The following requirements must be met:  For cities who have regularly scheduled council meetings at least once a month, the standard payment period is defined as within 35 days of the date of receipt.  A city shall calculate and pay interest to a vendor if the city has not paid the obligation according to the terms of the contract or, if no contract terms apply, within the standard payment period.  The rate of interest calculated and paid by the city on the outstanding balance of the obligation not paid according to the terms of the contract or during the standard payment period shall be 1.5 percent per month or part of a month.  No interest penalties may accrue against a purchaser who delays payment of a vendor obligation due to a good faith dispute with the vendor regarding the fitness of the product or service, contract compliance, or any defect, error or omission related thereto. If such delay undertaken by the city is not in good faith, the vendor may recover costs and attorney’s fees.  The minimum monthly interest penalty payment that a city shall calculate and pay a vendor for the unpaid balance for any one overdue bill of $100 or more is $10. For unpaid balances of less than $100, the city shall calculate and pay the actual interest penalty due the vendor. Immediate Payment of Claims: Pursuant to Minnesota Statute § 412.271, subd. 4, when payment of a claim based on contract cannot be deferred until the next City Council meeting without loss to the city through forfeiture of discount privileges or otherwise, it may be made immediately if the itemized claim is endorsed for payment by at least a majority of all the members of the City Council. The claim shall be acted upon formally at the next City Council meeting in the same manner as if it had not been paid, and the earlier payment shall not affect the right of the city or any taxpayer to challenge the validity of the claim. Cash Disbursement Guidelines: 4 The Finance Department will be responsible for implementing and providing internal control for all disbursements. General Guidelines:  All general disbursements will be approved in advance by the City Council. The following exceptions may be made upon approval of the City Administrator: o Debt service payments, including principal, interest, and fiscal agent fees. o Payroll and related liability payments. o Investment purchases. o Sales tax and fuel tax payments. o Postage replenishment. o Contract or other payments that have specific City Council pre-approved payment instructions. o Payments in which a substantial discount can be realized by timely payment. o Payments where a substantial late charge would be incurred if timely payment was not made.  All general disbursements, other than from payroll, petty cash, or made electronically, will be made by pre-numbered checks.  In accordance with Minnesota Statutes § 471.38 and § 471.391, checks by which claims are paid may have printed on their reverse side, above the space for endorsement thereof, the following statement: “The undersigned payee, in endorsing this check declares that the same is received in payment of a just and correct claim against the city, and that no part of it has heretofore been paid.” When endorsed by the payee named in the check, such statement shall operate and shall be deemed sufficient as the required declaration of the claim.  Under no circumstances will blank checks be signed in advance.  Invoices will be dated, signed, and approved by department heads, and will include account coding and description of the expenditures incurred.  Paying off vendor statements (rather than invoices) will be discouraged.  Unpaid invoices will be maintained in a file by the Senior Accountant. 5 City of Shorewood Council Meeting Item Title / Subject: Resolution Accepting Bob Newman Donation to 2E Shorewood Community & Event Center Meeting Date: Monday, December 28, 2020 MEETING TYPE Prepared by: Twila Grout, Park and Recreation Director Regular Meeting Reviewed by: Sandie Thone, City Clerk/Human Resources Director Attachments: Resolution Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and §471.17 all donations or gifts of real and personal property, including donations for the benefit of public services, must be accepted by the city council. Background: The following persons or entities have offered to contribute the cash amounts set forth below, for the purpose of the Shorewood Community & Event Center: Name of Donor Amount Bob Newman $100.00 Financial Considerations: This donation will help Shorewood Community & Event Center. Action Requested: Staff respectfully recommends the city council approve the Resolution Accepting Donations as Delineated in the Resolution to the Shorewood Community & Event Center and direct staff to send a thank you note to all donors. Motion, second and two-thirds majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RESOLUTION 20-137 A RESOLUTION ACCEPTING DONATIONS TO THE CITY OF SHOREWOOD - SHOREWOOD COMMUNITY & EVENT CENTER WHEREAS, the City of Shorewood is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of their public recreational services pursuant to Minnesota Statutes section 471.17; and WHEREAS, the following persons and entities have offered to contribute the cash amounts set forth below to the city for the Shorewood Community & Event Center: Name of Donor Amount Bob Newman $100.00 WHEREAS, the terms or conditions of the donations are to be used for the Shorewood Community & Event Center; and WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The donations described above are accepted and shall be used to establish and/or operate services either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donor’s donation. Passed by the City Council of Shorewood, Minnesota this 28th day of December, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2F Title/Subject: COVID Leave Extension Meeting Date: Monday, December 28, 2020 MEETING TYPE Prepared by: Sandie Thone, City Clerk/HR Director REGULAR Reviewed by: Greg Lerud, City Administrator Joe Rigdon, Finance Director Background: Under the Families First Coronavirus Response Act (“FFCRA”) employers with less than 500 employees are required to offer Emergency Paid Sick Leave in the amount of 80 hours to each qualifying employee effective April 1, 2020. If employees were unable to work, or telework because of the COVID-19 pandemic causing them to quarantine or isolate, they would be eligible for paid sick leave under the federal legislation. Full-time employees may take up to 80 hours of paid emergency sick leave for a qualifying reason. Part-time employees may take the number of hours they typically work in an average two-week period. Paid sick leave under the Emergency Paid Sick Leave Act is in addition to other leave provided under Federal, State, or local law; an applicable collective bargaining agreement; or the city’s accrued leave benefits. This Emergency Paid Sick Leave benefit is scheduled to expire on December 31, 2020. In a recent survey, the majority of metro area cities are providing extended emergency COVID leave for their employees. In addition to the 80 hours of FFCRA leave above, Shorewood extended an additional 80 hours of COVID leave to employees if necessary, which would allow an employee to go negatively into their sick leave bank and pay it back over time after returning to work. This COVID leave is due to expire on December 31, 2020. At the time, these emergency leave considerations were approved by the City Council, we hoped to be in a better place regarding the pandemic, than we are today. With the current situation, we are requesting the council consider extending this COVID emergency leave to employees through June 30, 2020. Due to employees testing positive, becoming ill, and/or being exposed to positive cases, many employees have utilized part, or exhausted all, of this leave to date. The remainder of the city employees have not had to utilize this emergency pay. As our employee’s health is our utmost concern, we hope that trend continues. Although, as we have learned, if it is needed, it is very important for our employees to be able to focus on their healing. Recommendation/Action Requested: Staff respectfully recommends the city council approve the extension of COVID emergency sick pay (COVID-E and COVID-19) for Shorewood city employees effective through June 30, 2020. Motion, second, and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 7A MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Conditional Use Permit for a Fence Location: 5730 Club Lane Applicant: Roger and Roberta Aronson Meeting Date: December 28, 2020 Prepared by: Emma Notermann, Planning Technician Review Deadline: January 19, 2021 Attachments: Memorandum from the December 14, 2020 Meeting Resolution Background: At the December 14, 2020 meeting, the City Council directed staff to provide a resolution denying the conditional use permit request based on the finding that the taller fence would negatively affect the present and future land uses in the area and that the use would tend to or actually depreciate the area in which is it proposed. The primary concerns were the impact of a privacy fence on the Smithtown Road view corridor. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff recommend adoption of the attached resolution to deny the request to construct a special purpose fence that varies from the regulations of the Shorewood City Code. Proposed motion: Move to adopt the attached resolution denying a CUP for Roger and Roberta Aronson to construct a special purpose fence for the property located at 5730 Club Lane. Action on this request would require a simple majority. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2020 Cases\\Aronson 5730 Club Lane CUP fence\\Council Staff Report\\CAF Memo 12 28 2020 updated.docx RESOLUTION NO. 20-130 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION DENYING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A FENCE FOR PROPERTY LOCATED AT 5730 CLUB LANE RECITALS WHEREAS, Roberta and Roger Aronson, (the “Applicant”) are the owners of the property legally described as: That part of the east 235.09 feet of Lot 39, Auditor’s Subdivision Number 133, lying north of a line parallel with and 259.15 feet north of the south line of said Lot 39, Hennepin County, Minnesota, WHEREAS, the Applicant has applied for a conditional use permit to allow a fence that differs in height and construction from the fence standards to allow a six-foot privacy fence to be 10 feet from the north property line where 35 feet is required; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the December 1, 2020 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public hearing on December 1, 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 December 14, 2020 and December 28, 2020, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the R-1C zoning district, which requires all fences over four feet in height to be set back 35 feet from the front yard property line and side yard property line abutting a public street. 2. Section 1201.03, subd. 2. f. of the zoning regulations would permit a four-foot fence that is designed to be a minimum of 25 percent open within the front or side yard abutting a public street without a conditional use permit. 3. Section 1201.05 of the zoning regulations provides that the purpose of a conditional use permit is to allow a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. 4. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the following: a. The proposed use is or will be compatible with present and future land uses of the area; b. The proposed use will not tend to or actually depreciate the area in which is proposed; 5. The Applicant has requested a six-foot privacy fence (100 percent opaque) to be located along the property lines in the side yard abutting a public street, interior side yard and rear yard to enclose the rear yard where the ordinance requires such fences to be setback farther from the property lines and 25 percent open. 6. The Applicant’s proposal is identified on the application materials and plans submitted on October 26, 2020. 7. At their December 1, 2020 meeting, the Planning Commission expressed concern that the fence would be out of character with the open nature of the Smithtown Road corridor and such a fence would break up the views along the Smithtown Road trail. 8. At their December 14, 2020 meeting, the City Council agreed with the concern that a six- foot fence as close as 10-feet to the property line would adversely impact the open, scenic character of Smithtown Road. CONCLUSIONS 1. The Applicant’s request for a full privacy fence (100 percent opaque) is hereby denied based on the finding that the privacy fence would negatively affect the present and future land uses in the area. 2. The Applicant’s request for a six-foot privacy fence is hereby denied based on the finding that the fence would negatively impact the open, scenic character of Smithtown Road. 3. The Applicant’s request for a six-foot privacy fence is hereby denied based on the finding that the privacy fence would fail to meet the standard requiring 25 percent opacity. 4. The Applicant’s request for a fence over four feet in height to be installed within 10 feet of the north and up to west property line failed to comply with the standard 35- foot setback. -2- th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 28 day of December, 2020. Scott Zerby, Mayor Attest: Sandie Thone, City Clerk -3- 8A MEETING TYPE City of Shorewood Council Meeting Item REGULAR Title/Subject: Approve Plans & Specifications and Authorize Advertisement for Bids Bidding for Glen/Amlee/Manitou, City Project 18-08 Meeting Date: Monday, December 28, 2020 Prepared By: Andrew Budde, City Engineer Reviewed By: Larry Brown, Director of Public Works Attachments: Drainage Memo, Draintile Figure, Typical Section Rendering, Memos of Understanding, Final Plans & Specifications, and Resolution Background: On August 24, 2020, the Shorewood City Council authorized the preparation of the Final Plans and Specifications for the Glen Road, Amlee Road, Manitou Lane Street and Utility Improvements project, which included watermain. As part of this final design preparation, staff has continued to advance the stormwater drainage design and the cultural resources review and permitting. Cultural Resources: Bolton & Menk has completed the several steps of the Cultural Resources review which included accurately mapping the location of burial mounds, completing a Phase 1 field investigation throughout the project, and preparing and submitting the Phase 1 report. No further evidence of cultural resources was encountered through the broader field investigations and the report was submitted to the reviewing agencies on December 8, 2020. This submittal advances the review and permitting process for the project. The report included draft construction plans that show avoidance of the known cultural areas where possible and alternate construction methods where not. This helps minimize the risk and costs for the City for the overall project. We anticipate receiving comments within 45 days from the review agencies and then are recommending the preparation and approval of a monitoring report that will be utilized during construction. The Phase 1 report contains sensitive information and can be requested from the State Archeologist. Drainage Update: When the Council authorized preparation of plans & specifications, staff was recommending a new storm water facility be constructed in the HCRRA property to avoid impacts to the wooded city owned parcel north of the HCRRA. Since that time, the HCRRA indicated that it is not an option, so the City has negotiated with several adjacent property owners to acquire drainage & utility easements or right of entries to address the storm water concerns. A new biofiltration basin will be constructed on 25060 Glen Road and the existing storm water pond that is part of the Gideons Wood Townhome Association will be expanded. These two items combined 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 meet the permitting requirements of the Minnehaha Creek Watershed and provide appropriate rate, volume, and treatment requirements. The City will also need a permit from the HCRRA and is in process of discussing and acquiring this permit. City staff is in discussions with several residents about an existing private draintile line that generally runs from the south side of Glen Road to the Amlee Road cul-de-sac. Staff is looking at options to reconstruct this system and make it public because it drains a relatively large drainage area south of Glen Road. The proposed line mimics the existing draintile line and does not change the existing drainage volumes or rates. Final Plan Approval and Authorization for Bidding: The final plans and specifications were developed to be consistent with the feasibility study that was prepared and approved in the fall of 2019. This includes narrower streets than the City standard at 22’ back to back of curb on Glen Road west, and 24’ back to back of curb on Glen Road East, Manitou Lane, and Amlee Road. The project will also include a new cul-de-sac at the west end of Glen Road. The narrower streets will not allow for parking on both sides of the roadway and one side of street will be posted as no parking. Typical sections of the roadway cross sections are included to help visualize this scenario. The plan has included the design of watermain throughout the project area and is included to be bid as an alternate. Council can either give direction at this meeting to not include the watermain in the bidding process or can decide after bids are received if the project should include the watermain for construction. Staff is continuing to meet with residents throughout the project to discuss various right of entries that benefit the city and/or resident and are related to drainage, grading, staging, trees, and other misc. items. Many of these rights of entries are related to trees located at or very near the property line and are either in poor health or would have their roots impacted by construction. Staff will continue to consult with Davey Tree Service and discuss with residents on impacts or removal of trees in these locations. The tree removal for the project is anticipated to be completed by Davey Tree Service as a separate contract ahead of the overall street project. A proposal by Davey Tree Service will be provided and discussed at a future meeting. Financial Considerations: Costs for this work have been budgeted for in the Capital Improvement Plan and would utilize a combination of Street & Utility Bonds, Water Fund, Sanitary Fund, and Storm Sewer Fund. The City has budgeted $3,602,000 for this project. The current engineers estimate for the project is $3,380,000 and included all construction, engineering, administrative, right of way acquisition, and tree removals for the project. Options: Staff recommends that the Council consider the following actions: 1. Approve the Resolution that approves the Plans, Specifications, and MOU’s for the Glen, Amlee, Manitou Street and Utility Improvements Project, and authorize advertisement of bids for City Project 18-08. 2. Provide Staff with alternate direction. Recommendation/Action Requested: Staff recommends the City Council adopt the Resolution as submitted that approves the plans, specifications, and MOU’s for the Glen Road, Amlee Road and Manitou Lane Street and Utility Improvements project, including the watermain, and proceed with bidding the project. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-132 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE GLEN ROAD, AMLEE ROAD AND MANITOU LANE STREET AND UTILITY IMPROVEMENT PROJECT AND AUTHORIZING ADVERTISEMENT OF BIDS, CITY PROJECT 18-08 WHEREAS, the City of Shorewood (“City”) authorized the preparation of Plans & Specifications for the Glen Road, Amlee Road, Manitou Lane Street and Utility Improvements project, including watermain, City Project 18-08, on August 24, 2020; and WHEREAS, the City has completed a cultural resources Phase 1, which includes the Gideon’s Bay Mound archeological site (21HE0047) and the Peter Gideon Farmhouse; and WHEREAS, the City has acquired two drainage & utility easements with Memo of Understanding (MOU) agreements to accommodate the drainage related concerns for the project; and WHEREAS, the City will continue to acquire right of entry agreements with property owners to accommodate drainage, grading, staging, tree removal, landscaping, and other misc. impacts that are in mutual benefit of the resident and the city; and WHEREAS, the project is included in the 2021 Capital Improvements Plan and will fund the project through a combination of Street & Utility Bonds, Water Fund, Sanitary Fund, and the Stormwater Fund; and NOW THEREFORE, IT RESOLVED: that the City Council of the City of Shorewood hereby approves the Final Plans & Specifications and all Memos of Understandings for the Glen Road, Amlee Road, Manitou Lane Street and Utility Improvements project and authorizes advertisement for bids. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28 day of December, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk