10-12-21 CC Reg Mtg Agenda Packet (2)
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
TUESDAY, OCTOBER 12, 2021 7:00 P.M.
For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for
the meeting link. Contact the city at 952.960.7900 during regular business hours with questions.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Pledge of Allegiance
B. Roll Call
Mayor Labadie___
Siakel___
Johnson___
Callies___
Gorham___
C. Review and Adopt Agenda
Attachments
2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening
under a single motion. These items are considered routine and non-controversial. However, a council member may request that an
item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by
council, those can be answered now.
Motion to approve items on the Consent Agenda & Adopt Resolutions Therein:
A. City Council Work Session Minutes of September 27, 2021 Minutes
B. City Council Regular Meeting Minutes of September 27, 2021 Minutes
C. Approval of the Verified Claims List Claims List
D. Approval of Retail Tobacco Licenses Deputy Clerk Memo
Resolution 21-113
E. Accept Final Improvements and Approve Final Payment for Engineer Memo
Badger Park Tennis Courts, City Project 20-01 Resolution 21-114
F. Adopt Development Agreement Amendments Planning Director Memo
Walnut Grove Villas Resolution 21-115
3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on
tonight's agenda, to the attention of the mayor and council. Once you are recognized, please identify yourself by your first and last
name and your address for the record. After this introduction, please limit your comments to three minutes. All comments will be
respectful. No action will be taken by the council on this matter, but the mayor or council could request that staff place this matter on a
future agenda. (No Council Action will be taken)
4. PUBLIC HEARING
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
5. REPORTS AND PRESENTATIONS
6. PARKS
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
A. Approve Quotes for Water Meter Registry Replacement, Director of Public Works Memo
And Authorize Purchase of Meter Registers, Resolution 21-116
City Project 21-09
B. Strawberry Court Watermain Engineer Memo
9. GENERAL/NEW BUSINESS
A. Interactive Technology City Administrator Memo
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Covington Road Watermain Update Director of Public Works
B. Mayor and City Council
11. CLOSED SESSION The meeting is being closed pursuant to MN Stat. §13D.05, subd. 3 (b), attorney-
client privilege, to discuss litigation in Ugorets v. City of Shorewood.
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 27, 2021 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 6:04 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Siakel, Gorham, and Callies; and City
Administrator Lerud
Absent: None
B. Review Agenda
Johnson moved, Siakel seconded, approving the agenda as presented. All in favor, motion
passed.
2. INTERVIEW CITY ATTORNEY FIRM – Jared Shepherd – Campbell Knutson
Councilmember Callies clarified that she does not have a conflict of interest in this case. She
explained that although she has been an attorney for over 30 years and does know all the
applicants, she has professional relationships with them and does not have any financial interest
in any of the law firms.
Jared Shepherd, Campbell Knutson, introduced himself and shared some background
information on himself, his experience, and the Campbell Knutson firm.
The Council and City Administrator Lerud asked Mr. Shepherd a series of interview questions.
Mayor Labadie thanked Mr. Shepherd for his time and informed him that the City would be in
touch once a decision has been made.
Mr. Shepherd left the meeting.
Mayor Labadie stated that her understanding from previous discussions were that the Council
had narrowed the candidates down to Campbell Knutson or remaining with City Attorney Keane.
Councilmember Siakel stated that to her, the most important aspect is the day to day interaction
the attorney will have with staff, that is not always seen. She stated that she would like to
understand what the City needs or wants in legal counsel that it does not already have. She
stated that she thinks the Council should define that gap so the right person is selected.
Councilmember Callies stated that she also thinks communication is critical and feels that is
currently a large gap. She expressed concern about the lack of preparation and anticipation of
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 2 of 3
some issues that will face the Council and gave the example of the recent Zoom issue for public
participation.
Mayor Labadie stated that as a new mayor, Mr. Keane has always been available and accessible
for her questions. She stated that she does not disagree with some of the other comments and
concerns, but noted that he had helped bring her up to speed when she requested assistance or
advice.
Councilmember Gorham stated that he was also frustrated with how the Zoom meeting issue was
handled because it made it appear as though the Council did not want it. He stated that one of
the things that came up during the interview process was preparation of staff and Council prior to
meetings and asked if that was really something the City Attorney should be doing.
Councilmember Callies stated that she would expect that they would do this type of preparation
and even anticipate issues that may come up, based on what is on the agenda.
Councilmember Siakel stated that she feels that Mr. Keane does well with staff. She stated that
her issue has been during the Council meetings with things like, speaking up, diffusing situations,
and giving straight answers, which she feels Mr. Keane sometimes struggles with. She stated
that she has given him that feedback already. She stated that she does not think it is about staff
or competence , but is just a different style.
Councilmember Johnson stated that he feels the City Attorney’s job is to protect the City. He
stated that as a resident, he also feels that they should go out of their way to make sure that
residents are also supported unless it is a situation where they are diametrically opposed, then
their job would be to prioritize the City first. He stated that in his interactions with his development,
he did not feel that there was a sense of urgency on behalf of Mr. Keane for a development
agreement, that he wrote. He stated that it took years and years to resolve that issue which has
frustrated him. He stated that he is struggling to separate that situation from the overall job
performance. He stated that he would like to hear the opinion of City Administrator Lerud because
of the amount of interaction he will have with whoever is chosen.
City Administrator Lerud stated that the staff relationship with Mr. Keane is very positive with a
particular emphasis on planning to ensure the legal parts are covered. He stated that he
participates in staff meetings which will be his expectation with any City Attorney that is chosen.
Mayor Labadie stated that she is worried about making a change that would mean losing the
decades of institutional knowledge that Mr. Keane brings but agrees that there is a lack of
communication skills. She shared examples of recent events where she would have liked to feel
that the City’s lawyer had her back and explained things more clearly and concisely.
Councilmember Callies stated that she looks at having someone look at things differently would
be a positive thing because the law is the law.
Callies moved, Gorham seconded to direct staff to work with Jared Shepherd at Campbell
Knutson to develop a contract for Council approval for city attorney services to commence
no later than January 1, 2022 and look at keeping the existing counsel on existing cases.
Motion passed 4/1 (Siakel opposed).
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 3 of 3
3. ADJOURN
Siakel moved, Johnson seconded, Adjourning the City Council Work Session Meeting of
September 27, 2021, at 7:00 P.M. Motion passed 5/0.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 27, 2021 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:10 P.M.
PLEDGE OF ALLEGIANCE
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Siakel, Gorham, and Callies; City
Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance
Director Rigdon; Planning Director Darling; Director of Public Works Brown; and,
City Engineer Budde
Absent: None
B. Review Agenda
Johnson moved, Siakel seconded, approving the agenda as presented.
All in favor, motion passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Councilmember Gorham expressed his appreciation for the raise in compensation rate for the
election judges.
Johnson moved, Siakel seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Work Session Minutes of September 13, 2021
B. City Council Regular Meeting Minutes of September 13, 2021
C. Approval of the Verified Claims List
D. Approve Election Judge Compensation Rates, Adopting RESOLUTION NO.
21-108, “A Resolution Approving Election Judge Compensation Rates.”
All in favor, motion passed.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
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3. MATTERS FROM THE FLOOR
Dania Schulman, 26425 Strawberry Court, stated that she was here representing all the residents
of Strawberry Court regarding the Strawberry Lane project. She stated that the plans the City has
brought will have a positive and meaningful impact on to the area, including safety improvements.
She stated that they would like to respectfully request that the City prioritize Strawberry Court
even if means having it as a separate project. She presented a copy of her statement along with
signatures of all the residents on Strawberry Court.
Mayor Labadie asked City Engineer Budde to address this issue and give a report to the council
at a future Council meeting.
Councilmember Siakel stated that she does not think the Council has the luxury of time in this
situation and thinks the Council will need to decide if this is moving forward very shortly. She
stated that there were a lot of neighbors recently in the Council chambers that were upset about
the Strawberry Lane project, even though it has been talked about for years. She stated that now
there is a group of people saying that they feel differently and want the project. She stated that
she thinks there needs to be some representation by the whole neighborhood and the whole area.
She stated that she thinks there needs to be consensus with the constituents with what they do
and do not want.
Mayor Labadie noted that there is nothing, regarding this issue, in front of the Council tonight for
a vote which is why she asked City Engineer Budde to research the Strawberry Court issue and
bring it back for discussion at a future meeting and determine whether it can be treated as its own
individual project.
The Council discussed placing this item on the regular agenda, construction timeline issues, and
how to manage expectations.
Alan Yelsey, 26335 Peach Circle, appeared before the Council via Zoom. He expressed his
frustration with the technical issues not being addressed since the last meeting and noted that he
feels this is providing an unequal opportunity for participation. He stated that he would also like
to ensure that the Council knows that people cannot find the meeting, packet, or agenda, if they
go to the City’s website. He stated that the website also indicates that people cannot participate
via Zoom, which is incorrect because the Council has now allowed this type of participation. He
stated that there is a ten-day notice requirement for new ordinances by the State and if the Council
is going to consider a project, the citizens deserve ten-day notice, before it is discussed or voted
upon. He stated that he is requesting that the City adopt a ten day warning notice for residents
for any matters that have broad interest and broad impact. He stated that Smithtown Ponds which
is similar in size and scope to Strawberry Lane was just changed substantially and there was no
notification for any of the residents. He requested that the City notify the residents when they
make a substantial change and give them an opportunity to participate in the review of the
changes so they can be tolerable and acceptable to the residents. He stated that there is a City
resolution where the City states that it will refrain from the use of systemic pesticides on
Shorewood City property and explained that the City has broken the terms of the resolution from
the very day it was approved in 2014. He stated that he was asking the City to notify themselves
that they are in violation of their own rules and make whatever changes are necessary to
immediately stop the pesticide use.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
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4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
6. PARKS
7. PLANNING
A. Report by Commissioner Maddy on September 7, 2021 Planning
Commission Meeting
Commissioner Maddy gave an overview of the September 7, 2021 Planning Commission meeting,
as reflected in the minutes.
B. Urban Farm Animal Ordinance Amendments
Planning Director Darling reviewed the potential amendments to the Urban Farm Animal
Ordinance. She explained that the Planning Commission held a public hearing at their September
7, 2021 meeting, with one e-mail sent following the hearing which was opposed to the amended
language regarding the number of chickens. She noted that nobody appeared at the public
hearing to discuss this item. She stated that staff and the Planning Commission recommend
approval of the proposed amendments.
Mayor Labadie opened the floor to anyone from the audience who would like to comment on this
matter.
Brian Falline of 4820 Rustic Lane, stated that he feels that this revision just ‘nibbles’ around the
edges of the real problem which he thinks is the mix of urban and rural policies. He stated he has
really nice neighbors but the way things are heading, these changes will cause nothing but more
issues between neighbors. He stated that he would like to start by discussing his right to enjoy
his property. He explained that he has lived in Shorewood for twenty-four years and now has two
homes adjacent to his with chickens, which seems fairly innocuous, but comes with smells, noise,
water run-off, along with property intrusions of chickens in his landscaping and yard. He stated
that he has predatory animals that use his property as a track to gain access to the chickens in
the winter. He stated that there was a dog attacked in his driveway a few years ago by a coyote.
He stated that he got a lot of assistance from City Administrator Lerud about what he could do to
protect his daughter and his animals. He stated that he has had chickens drug up onto his front
porch and killed which means he had to go out and clean up the feathers and blood. He stated
that in order to get his dog into his truck, he has to put him on a leash so he does not go chase
and kill the chickens that have found their way into his yard. He stated that he is really not able
to enjoy his home any longer. He stated that he has never been asked for his approval about
chickens and believes he deserves a word on what happens on the adjacent properties. He
stated that he believes the property value of his home is greatly diminished because it will require
a unique buyer that wants to come in with a small farm next door. He reiterated that when the
City starts to mix rural policies and urban policies, they are ultimately headed long term for more
and more issues. He reiterated that he feels like the City is nibbling at the edges of the problem,
but not really solving the problem. He stated that the chickens get out of the fenced in areas
because there is no roofing or wing clipping requirement. He asked the Council to consider that
there is a different between domestic and rural/farm animals and there is a reason that they are
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
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separated. He stated that there is nothing that he can do besides move and worries about his
property value if a buyer comes and there are chickens in his yard at the time.
Councilmember Callies stated that she appreciated the comments made by Mr. Falline because
it raised some important concerns. She noted that the existing ordinance requires that the animals
be contained on their property which does not sound like it has been happening at this location
and may be more of an enforcement issue.
Planning Director Darling agreed that it is an enforcement issue and have had a few recent
complaints about chickens getting out and have had conversations with the owners to ensure that
when they are cleaning cages and moving the chickens out of the enclosure that they are
responsible to still keep them on their property. She stated that it appears as though the City may
need to go back out to the property mentioned tonight to ensure that it matches what was outlined
in their site plan.
Mayor Labadie asked that when staff takes a look at this property that they ensure that the coop
is located in the rear yard. Planning Director Darling noted that the new Ordinance also requires
that the enclosure also be located in the rear yard. Councilmember Callies asked how many
permits were currently in the City for chickens. Planning Director Darling stated that there are
about twenty-five homeowners that have chickens.
Councilmember Gorham asked for details on clipping chicken wings. Planning Director Darling
stated that she does not have much information on clipping wings, but knows that it is very
effective because it does keep them from flying out of enclosures. Councilmember Gorham
asked, if the Council were to recommend this addition, whether it would be considered an
inhumane practice.
Planning Director Darling stated that she believes that were would probably be a debate on that
issue, but the Council could require that the chickens be in a full enclosure which would imply a
caged roof, or that the owner clip their wings. She stated that she can research to see if there
are any other methods of containing the chickens.
Councilmember Siakel stated that the City had already had an ordinance in place that allows
residents to have chickens and this amendment was an update to the ordinance, based on a
request by a homeowner.
Mayor Labadie stated that this issue is not unique to the City. She stated that she thinks a roof
requirement seems very reasonable. She asked if there was a complaint, for example, chickens
in someone else’s yard, whether the City keeps a record of those complaints. She asked if the
complaints were recorded, and, for example, if the chicken owner was only allowed a certain
number of complaints in order to keep their permit, or if it instantly requires an inspection.
Planning Director Darling stated that they usually follow up with it, but many times, by the time
they get there, the chickens are no longer running loose. She stated that sometimes they hear
about the incidents after the fact.
Councilmember Siakel asked if keeping chickens ended up being more a of a novelty for residents
or if they kept raising them year after year. Planning Director Darling stated that it is varied and
have had both examples.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
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Councilmember Johnson stated that in his neighborhood there are three homes that have
chickens. He stated that he walks daily and has never encountered any smells, but they have
gotten out a few times, but have been gathered up very quickly. He stated that he would like to
understand a lot more about the humanity of clipping wings. He stated that with relation to roofing,
the aesthetics of the coop and enclosure can have an effect on the adjacent property values.
Councilmember Siakel reiterated that the City already has an ordinance in place that allows
chickens. She stated that there needs to be a balance for people having the right to have control
of their property without infringing upon other people.
Councilmember Johnson stated that he would like to know how often they are inspected, if the
complaints are recorded, and if there is a violation, what the fees are in those situations. He
stated that, as Councilmember Callies stated, the issues that the City is hearing from the public
seem to be enforcement issues rather than issues with the ordinance amendment.
Councilmember Gorham stated that he likes all the recommended language amendments, but
would question how effective the City’s existing language is in this situation, especially related to
containment. He asked if there may be a better way to describe Part Two, Section C.
Mr. Falline stated that he wanted to make sure that his issue is not about ‘bad neighbors’, but bad
policy. He asked when the ordinance was put in place that allowed chickens in the City and noted
that he did not remember it being in place when he moved here twenty-four years ago.
Councilmember Siakel noted that there are also horses within the City and other urban farm
animals. Planning Director Darling stated that she believes the code was changed around 2013
to allow chickens.
Mr. Falline explained that he had moved to the City in 1996 so all of these came about after he
made a decision to purchase a home in the City. He stated that he understands that the policy is
in place, but explained that it had an impact on him. He reiterated that he believes this struggle
is going to continue in the City. He stated that he chose not to move to a rural community because
he did not want to be next door to horses or livestock. He asked the Council to step back and
reiterated that this was not about his neighbor’s because he thinks the world of them. He stated
that if the Council would come spend a weekend at his house, they would realize that urban and
farm animals do not mix well together. He stated that he has a farm further to the north where he
raises hay for livestock and is used to the flies and things that come with livestock, but that is at
his farm, not at his home. He stated that at the very least, if the Council is still going to allow this,
he asked them to take time to look closer at how they can minimize the impact on people who
chose not to have farm animals near their home.
Councilmember Callies stated that there is currently not a limit on the number of permits that can
be issued in the City and asked if the City should take a look at whether there is a way to limit the
number allowed. Councilmember Siakel agreed that Mr. Falline raised some good points and
noted that his point about predatory animals is accurate, because there are coyotes in the area
now. She asked if the Council would approve the language proposed and ask staff to continue
to study the issue.
Councilmember Callies stated that the City could change its policy and not allow chickens
anymore. Mayor Labadie agreed that action would be possible, but reminded the Council that
action was not before them this evening.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 6 of 13
Councilmember Gorham stated that he likes the proposed improvements and thinks the Council
can accept those and then also look into the containment issue more. He stated that it would also
be an option to table the entire issue while staff looks into it.
Councilmember Johnson stated that he would be in favor of tabling it in order to explore how the
City can better enforce the permit and find better language around containment. He stated that
he would also be interested in hearing from ‘good chicken neighbors’ and reiterated that in his
experience within his neighborhood there have not been any smells or predatory animal issues
because, for the most part, they have been contained. He suggested that the Planning
Commission interview some of the permit holders to see what opinions and information can be
gleaned from them in terms of best practices on being a good chicken neighbor.
Councilmember Siakel stated that in addition to accepting the amended language, she believes
the Council can also direct staff to take additional action to review some of the issues being
discussed.
Mayor Labadie stated that she agrees with Councilmember Siakel.
Councilmember Callies stated that she agreed with Councilmember Johnson about tabling this
issue so the Council can look at the additional issues that have been raised regarding
containment. She stated that the City can ask chicken owners to participate in the process but
cannot force it and noted the example of the recent public hearing at the Planning Commission
held a public hearing where nobody came. Planning Director Darling explained that she sent a
notice of the public hearing and the draft language to the existing chicken permit holders.
Councilmember Callies stated that in order for the City not to delay taking action for too long, she
would like to see this come back with some additional language soon and not, for example,
postponed for another six months.
Councilmember Siakel explained that she could go either way, but her initial thought was to
approve what is in front of the Council and then bring back the bigger picture and add to it.
Ryan Naylor, 5770 Kelsey Drive, stated that he was the resident who had initially raised this
matter at Matters from the Floor a few months ago. He stated that he would agree with the points
made tonight that further matters could be looked at but would ask that the Council take a look at
the amended language because it would be great if they would be able to have it approved so
they can move forward with their plans to build a coop and get the process started before winter.
Mayor Labadie noted that many of the complaints and concerns are not from the chicken owners.
She stated that just because none of the owners came to the recent public hearing does not mean
that the residents do not have concerns. Planning Director Darling stated that she had also
notified both homeowners that she knew were opposed to changing the rules for chickens.
Gorham moved, to Approve Ordinance 582 Regarding City Code Ordinance Amendments
Related to Urban Farm Animals, and direct staff to look into various containment methods
at a future Planning Commission meeting.
Motion died for lack of a second.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
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Councilmember Callies asked how long staff thought they would need to investigate and gather
information regarding the items discussed during the meeting. Planning Commission Director
Darling stated that this could be brought back for the first City Council meeting in November. She
stated that she believed this would need to be taken back to the Planning Commission for another
public hearing.
City Attorney Keane explained that the Council would not need to send it back to the Planning
Commission for another public hearing, however, he would recommend that they would do it.
Planning Commission Director Darling stated that with that advice, it would probably be brought
back to the Planning Commission in December.
Councilmember Siakel asked for clarification about what the Planning Commission would be
discussing regarding this issue. Planning Director Darling explained that they would be looking
over specific language changes with regard to enclosures versus clipping wings and considering
whether the City wanted to have a limit on the number of permits that were allowed for urban farm
animals.
Mr. Naylor stated that he noted that whatever is approved, he is happy to have the containment
requirement retroactively applied but would ask that the Council consider moving the remainder
of this through, so he could move forward with his chicken plans. He stated that he would like to
see this process be easier and more streamlined for the public and not keep moving back and
forth between the Council and the Planning Commission.
Councilmember Siakel asked how many of the chicken applications have come into the City over
the last few years. Planning Director Darling stated that the majority of them have come in the
last three years. Councilmember Siakel asked if there would be any environmental impact from
having chickens which meant the City should restrict how many are allowed within a
neighborhood. Councilmember Johnson asked about approving something today, revising the
language, and then having it retroactively apply to every chicken coop within the City.
Planning Director Darling stated that she could not do that and would have to enforce the code
as they are written at the time. She explained that if there are new regulations that are approved,
those could not be enforced or enacted upon until the permit came up for renewal.
Mr. Naylor stated that he thinks it is worth noting that he is the only person that has gone through
this process and has spent two and a half months in order to get to this point in time. He asked
the Council to vote on this particular component tonight. He stated that all along he had hoped
for the chance for a variance or some other simple method to proceed with having chickens.
Councilmember Siakel asked what the objection was from his neighbor who did not want to get
him to the seventy-five percent requirement of neighbor agreement. Mr. Naylor stated that he
thinks it was a number of things and noted that he assumes it would probably be for the reasons
shared by Mr. Falline earlier. He explained that he has not experienced smells or noise from the
neighbors that do have chickens. He stated that he can only guess that their objection was also
to potential smells and sound, but reiterated that he has not found either of these to be noticeable
in the neighborhood. He reiterated his request that the Council act on the item before them this
evening.
Councilmember Johnson stated that he would like to discuss the length of the permit. He stated
that the Planning Commission had not wanted it to be onerous which is why a five-year term was
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 8 of 13
proposed. He stated that now that the City is discussing updates to things like containment, five
years seems too long to him.
Councilmember Siakel stated that she thinks the term should be annual. Mayor Labadie stated
that she did not think this change would be considered unreasonable. Councilmember Siakel
asked if a change from a five-year renewal to a one-year renewal would require going back to the
Planning Commission. Planning Director Darling stated that this change would not require a new
public hearing and would be considered a minor language change.
Councilmember Callies asked if the City could just deem that all permits expire, similar to dog
licenses, for example, on December 31 each year. Planning Director Darling agreed that the City
could do that, but inspections are better for this use in the summer. Councilmember Callies asked
if that would be onerous to enforce. Planning Director Darling stated that staff would have to work
it in.
Councilmember Siakel stated that she thinks this trend will continue and thinks the City may want
to put in some parameters, such as how many licenses are issued, or only allow a certain number
of licenses per neighborhood. Councilmember Gorham stated that if the City is adding new
language for things like containment, it would be good to get everyone up to date in a year.
Councilmember Siakel stated that she thinks there is consensus of the Council that there needs
to be an expiration, more enforcement, and a permit that has more teeth.
There was consensus of the Council to continue this item to a future meeting as suggested
by Planning Director Darling.
There was Council discussion about moving forward with an annual permit process that allows
for the mechanism to enhance the containment language, but leave the fee at $50.
Councilmember Gorham stated that he feels the inspection process needs to be beefed up a bit
because it is more intensive than having a dog.
Callies moved, Johnson seconded, to Approve ORDINANCE 582, “An Ordinance
Approving an Amendment to Shorewood City Code Chapter 705 (Farm and Other Animals),
with language amendments under 3.A. to state that the permit shall expire one year from
the date the permit issued.” All in favor, motion passed.
Labadie moved, Johnson seconded, to Approve“ RESOLUTION NO. 21-109, “A Resolution
Approving the Publication of Ordinance 582 Regarding City Code Ordinance Amendments
Related to Urban Farm Animals, with the modification to Ordinance 582, as noted, and
correction of typographical errors.” All in favor, motion passed.
C. Variance to Side and Rear Yard Setbacks
Applicant: Wayne Hartmann
Location: 27460 Maple Ridge Lane
Planning Director Darling explained that this request is for a shed to be allowed to remain in place
after it was constructed without permits near the site of a previous shed. She explained that the
applicant had poured a twenty-four-foot concrete pad that is about sixteen feet from the rear
property line where fifty feet is required by the ordinance. She stated that it is also located about
four feet from the east property line where 10 feet is permitted. She stated that in addition to this,
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 9 of 13
the shed is located within a utility easement. She stated that according to the applicant’s survey,
the previous shed had been installed over the property line, so the new location corrects that
issue, but does not correct all the other non-conformities. She noted that a neighbor came to the
Planning Commission meeting and expressed concerns about drainage through the area and
shared that it had increased with the project. She stated that the Planning Commission
recommended that City Engineer Budde review the request to determine if this would increase or
worsen the amount of water that flows northward. She stated that following review, the City
Engineer determined that the applicant would need to amend the plans to allow water to flow over
the drive and towards the west to Lake Virginia. She stated that the applicants submitted revised
plans last Friday and the engineers will review those plans specifically to address the drainage
situation. The applicant is proposing to install gutters and downspouts that directs the water to
flow west instead of north and have also proposed a ‘trench drain’ in the driveway to capture some
of the water and then use pipes to also direct it to the west. She stated that because the shed
was placed within a utility easement, an encroachment agreement will also be required to be
recorded against the property prior to issuance of permits. Staff and the Planning Commission
recommend approval of the request subject to the conditions listed in the staff report. She stated
that the people who spoke at the public hearing regarding drainage, also submitted a letter that
has been included in the packet.
Michelle Letendre, of 27460 Maple Ridge Lane, explained that when they purchased the home it
had a shed and a car port essentially in the same general vicinity of the new structure, but had
been built over the property line onto the neighbor’s property. She stated that the prior structure
had been built without a foundation and was sinking into the ground. She stated that they
attempted to lift the structure and place a pad beneath it, however that process was an epic fail
and it collapsed. She stated that at that point, they decided to rectify the issue that it was originally
built over the property line. The new structure is the same physical footprint as the old structure
and did not increase in size. She stated that Wade Woodward stopped by and indicated that they
needed a variance in order to continue building which they were not aware was needed because
they were fixing something that was already in place. She stated that not getting a permit was
truly a mistake and gave examples of other permits that they have recently obtained from the City
for work on their property. She stated that once they found out they needed a permit, they stopped
all work on the project. She noted that even though there is a utility easement in this location,
there are currently no utilities located there. She stated that at the Planning Commission meeting
there was a concern raised regarding stormwater run-off and they have a plan to mitigate the
water issue. She gave a brief overview of the proposed plans to handle the water run-off.
Councilmember Siakel asked if the applicants were constructing the shed themselves or had hired
a contractor. Ms. Letendre stated that they are doing the work themselves.
Gayle King, of 6110 Lake Virginia Drive, stated that they live on the adjacent property where the
run-off has been coming down their hill. Stan King, also of 6110 Lake Virginia Drive, stated the
water run-off has been an issue since the time the shed was installed. He stated that he wrote a
letter to the Council asking that they really look at this and make sure that it is properly addressed
and that people downhill are not affected by what happens up-hill from them.
Ms. King stated that she has lived in the house since 2003 and has noticed the run-off issue
before. She stated the old shed was taken down in 2020 and she noticed that there was less run-
off at that time. She stated that after the cement slab was poured, she noticed the increase in
run-off and just did not want it to get worse and break down the trail. She stated that she is happy
to hear that the City Engineer took a look and has made recommendations to address the issue.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 10 of 13
Councilmember Siakel asked if the outcome the Kings are looking for is to solely have the water
run-off be addressed or to have the applicants correct the location of the shed. Ms. King stated
that they would like to see the water correction done if the shed remains in this location but noted
that if the water issue is not corrected, then they will have an issue with the shed.
Mr. King reiterated that their chief concern was where the water was going and that it is mitigated.
City Engineer Budde explained that he had visited this site a few weeks ago and from what he
could see, even from the old shed, a lot of water came down through that area. He stated that
moving the shed over and tweaking things exacerbated the issue and really concentrated the run-
off. He stated that in the grand scheme of things, they are not creating more impervious surface,
but are changing how the water is directed and getting there. He stated that by routing the water
to the west of the proposed shed will send it away from the adjacent structures and should be a
reasonable solution. He stated that some water will still cross over the property as it reaches its
way to the Lake Virginia channel, but that is how the water has always drained and this just gives
it a slightly better path.
City Engineer Budde explained that if this is approved, the applicant will need to get a building
permit to finish and as part of that, there are checks and balances that the Building Official will do
to ensure that they meet the conditions. He stated that if there is something that the Building
Official cannot handle, he asks the engineers to take a look.
Ms. King stated that she would like the engineer to come take a look from their side and would
like to have a chance to have a discussion and have the situation explained to them from their
perspective. City Engineer Budde stated that he would be happy to meet with Mr. and Mrs. King.
Councilmember Siakel stated that she does not see a hardship in this case and questions if what
has been recommended to handle the water run-off is enough. Councilmember Callies asked if
he shed was located in a spot where a variance was not needed, if there would still be the same
drainage issues. City Engineer Budde stated that if the shed was never reconstructed, it would
be exactly what it was out there. He noted that keeping the same size and moving it over slightly
tweaks things, but not very significantly from an impervious surface and watershed run-off.
City Attorney Keane clarified that the variance standard is practical difficulty and not hardship.
Councilmember Gorham asked for more information on the practical difficulty that was cited by
the applicant of the shape of the lot.
Planning Director Darling stated that the applicant stated that they have more setbacks than are
typical because they have both the regular front and rear setbacks, but also the side yard, as well
as the setback to the ordinary high-water level which reduces the area where they can put a shed
on the property. She explained that because their driveway access point is on the far east side,
the applicant’s point is that it makes the most logical place to put a shed and car port.
City Engineer Budde stated that it is part of the conditions to direct the water to the west of the
structure, so if they did not do that, they are not meeting the conditions of the building permit.
Councilmember Siakel asked what kind of follow up the City would do to ensure that is occurring.
Planning Director Darling explained the building permit process and the accompanying
inspections at the beginning and end of the project. She stated that the Council could add more
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 11 of 13
specific language on the final inspection, for example that the driveway and improvements need
to be in place at the time of final inspection.
Councilmember Callies asked why the applicant would not just hire their own engineer to make
sure the drainage is handled correctly and questioned why the City would be doing that with their
own engineers. She stated that she wonders why they wouldn’t have someone verify the drainage
for the new structure regardless of the old structure.
City Engineer Budde stated that the way staff is looking at it is that they are not meeting a
threshold that anyone would normally need to do. He explained that they are not adding, for
example, a thousand square feet of impervious surface, which would normally push this to the
point of where it would be required. He stated that because this is a variance, the City could
require them to do that, but it has not triggered it from the staff review perspective.
City Engineer Budde stated that this solution does not direct all of the water away from the
neighbor to the north. He stated that in a big storm event, such as a 10- or 100-year event, they
will probably still see water run in the same path it has historically moved. This is designed to
address as much of the nuisance water that is coming down the driveway and snow melt that can
easily be directed to the west.
Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 21-110, “A Resolution
Approving a Variance for Side and Rear Yard Setbacks for an Accessory Structure at
Property Located at 27460 Maple Ridge Lane, with an additional condition of a final
inspection of drainage after the driveway is completed.” All in favor, motion passed.
D. Fence C.U.P
Applicant: Alec Walsh
Location: 5660 Minnetonka Drive
Planning Director Darling explained that the applicant has requested a C.U.P. to install a six-foot
fence along an arterial roadway where a four-foot fence is allowed without a C.U.P. She reviewed
the criteria for a C.U.P. to be considered in this location. She stated that the plans submitted by
the applicant include a row of arbor vitae along the street side of the fence. The Planning
Commission unanimously recommended approval.
Alec Walsh, 5660 Minnetonka Drive, stated that he just moved to Shorewood from Chaska and
noted that the home had been left to be decrepit for about thirty years. He stated that he thinks
an average person would have bulldozed the home to the ground, but he has a master’s degree
in architecture and saw that the bones were good. He stated that he has renovated the house
and now, the next step in the process is the yard. He explained that as of today, he has put one-
hundred and fifty thousand dollars into the property and believes he has done a lot to alleviate
the blight that was in the neighborhood. He stated that he assisted when a bicyclist was hit by a
car at that corner about four months ago and the reason the driver said they hit them was because
all the dense buckthorn that was growing over from his yard. He stated that he thinks he has
done a lot in terms of helping visibility. He stated that he is asking for the C.U.P. to provide some
privacy.
Councilmember Siakel stated that she thinks Mr. Walsh has done a great job with this property
and noted that she drives by almost every day and watches the improvements happening and
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 12 of 13
noted that she believes it looks way better than it used to. She stated that she thinks the request
for a C.U.P. in this instance is totally reasonable.
Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 21-111, “A Resolution
Approving a Conditional Use Permit for a Fence for the Property Located at 5660
Minnetonka Drive.” All in favor, motion passed.
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. Approve AFSCME Contract with Public Works
City Administrator Lerud explained that following a meeting with the union bargaining team, there
are proposed contract amendments for the three-year contract covering the years 2022 through
2024. Staff recommends approval.
Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 21-112, “A Resolution
Approving a Contract with AFSCME, Council 5, Local 225, Shorewood Public Works
Employees.” All in favor, motion passed.
B. Utility Rates Review
Finance Director Rigdon explained that the City reviews the utility rates annually to ensure that
revenues are sufficient to cover expenses. When the city began work on the capital improvement
plan several years ago, it was planned for annual rate increases for several years to cover the
debt service and additional work being done in the enterprise funds. This proposed increase is
in line with what was previously planned. He gave a brief overview of the enterprise funds and a
utility rate analysis. He said staff recommends approval.
Councilmember Gorham asked how the City’s rates stack up compared to other cities the same
size. Finance Director Rigdon stated that the City is low on the water end but ‘competitive’ with
stormwater and sewer.
Siakel moved, Johnson seconded, Adopting ORDINANCE NO.583, “An Ordinance Titled
“Utility Service Charges” All in favor, motion carried.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Public Works Director Brown stated that there was a large crane parked at the east water tower
earlier today that is a vendor making some changes within the C.U.P. to the top of the tower.
City Engineer Budde stated that the Covington Watermain project will begin next week and will
involve a full road closure for about three weeks. He stated that there have been notices sent out
to residents in the area. He stated that MnDot is doing their Highway 7 project and he recently
found out that the signal system at Old Market and Highway 7 will not be replaced until next spring
or summer due to material delays with the project. He stated that the existing signal will stay up
and functioning, but the system will be replaced next year.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 27, 2021
Page 13 of 13
City Administrator Lerud explained that several months ago there was a work session regarding
the Excelsior overcharge situation. There have been a few conversations with them since that
time and their latest proposal is requesting to do mediation and noted that staff feels that is a
good way to work through this issue.
There was consensus of the Council to proceed with mediation in the overcharge situation with
the City of Excelsior.
B. Mayor and City Council
Councilmember Callies noted that there is no speed limit signage on Radisson Road and asked
if something could be put up since people are using it because of the Highway 7 project. She
stated that she has gotten feedback from residents that people are speeding through the area.
Public Works Director Brown stated that they will review the issue.
Councilmember Johnson stated that he was planning to make a similar comment regarding road
closures. He stated that it is almost like it has created an island with Highway 7 closed, Tanager
bridge out, and now, Minnetonka Boulevard as well. He expressed his desire for a better way to
coordinate with MnDot on some of these decisions.
Mayor Labadie stated that she recently attended the Area Mayor’s meeting with the school
superintendent. She stated that the school has released the results of a parent satisfaction survey
which includes information related to bullying and is very interesting. She stated that if people
are interested it is posted on the school’s website. She thanked Public Works, City Clerk/HR
Director Thone, and Communications Director Moore for their work to support Chanhassen fire
fighter Doug Foote. She stated that he is a Shorewood resident that recently walked through the
City to bring attention to the need for fire fighter improvements, awareness for mental health
issues and stress, heart and lung issues, and cancers caused by fire fighting. She stated that
she was also able to serve as a judge for the apple pie contest at Apple Days.
11. ADJOURN
Johnson moved, Gorham seconded, Adjourning the City Council Regular Meeting of
September 27, 2021, at 9:40 P.M. All in favor, motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
#2 C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Verified Claims
Meeting Date: October 12, 2021
Prepared by: Michelle Nguyen, Senior Accountant
Greg Lerud, City Administrator
Joe Rigdon, Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
67048 - 6707 & ACH
Total Claims $2.50
We have also included a payroll summary for the payroll period ending September 27, 2021.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents and funds are
budgeted and available for these purposes.
Options:
The City Council may accept the staff recommendation to pay these claims or may reject any
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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City of Shorewood Council Meeting Item
2D
Title / Subject: Approving 2021-2022 Retail Tobacco Licenses
MEETING TYPE
Meeting Date: Tuesday, October 12, 2021
Regular
Prepared by: Brenda Pricco, Deputy City Clerk
Meeting
Reviewed by: Sandie Thone, City Clerk/HR Director
Attachments: Resolution
Background: Pursuant to Section 302 (Sale of Tobacco) of Shorewood City Code retailers
within the city limits who wish to sell tobacco products are required to obtain a license from the
city. The Shorewood City Code provides that an applicant complete an application and pay a
licensing fee.
The following applicants have successfully submitted a complete application, have successfully
passed a background investigation through South Lake Minnetonka Police Department
(SLMPD), have paid the current annual tobacco license fee of $250 and have signed and
agreed to the city code requirements. This section of code includes providing access to the
police department during regular business hours and an annual compliance check.
The period for renewal of the following licenses to sell tobacco in the City of Shorewood is
effective November 1, 2021 to October 31, 2022:
1) Cub Foods #1636 23800 State Highway 7
2) Holiday Stationstores, LLC 19955 State Highway 7
3) Lucky’s Station 24365 Smithtown Road
4) Shorewood Cigars and Tobacco, Inc. 23710 State Highway 7
5) MGM Wine & Spirits 5660 County Road 19
6) Cowboy Tobacco 19905 State Highway 7
Financial or Budget Considerations: The licensing fees collected as revenue offset the
expense of issuing the permits pursuant to Shorewood City Master Fee Schedule.
Recommendation/Action Requested:
Motion: Staff respectfully requests the city council approve the Resolution Approving the 2021-
2022 Licenses to Retailers to Sell Tobacco Products for the period of November 1, 2021
through October 31, 2022. Motion, Second, and Simple Majority required.
Connection to Vision/Mission: Consistency in providing the community with quality public
services, 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
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-113
A RESOLUTION APPROVING LICENSES TO
RETAILERS TO SELL TOBACCO PRODUCTS
WHEREAS, Sections 302 of the Shorewood City Code provide for the licensing of the
sale of tobacco products in the city; and
WHEREAS, the Shorewood City Code provides that an applicant shall complete an
application and pay a licensing fee; and
WHEREAS, the following applicants have satisfactorily completed an application and
paid the appropriate fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
That a License for the sale of tobacco products be issued for a term of one year,
from November 1, 2021 to October 31, 2022, consistent with the requirements
and provisions of Chapter 302 of the Shorewood City Code to the following
applicants:
Applicant Address
Cub Foods #1636 23800 State Highway 7
Holiday Stationstores, LLC 19955 State Highway 7
Lucky’s Station 24365 Smithtown Road
Shorewood Cigars and Tobacco, Inc. 23710 State Highway 7
MGM Wine & Spirits 5660 County Road 19
Cowboy Tobacco 19905 State Highway 7
ADOPTED by the City Council of the City of Shorewood this 12th day of October 2021
_______________________________
ATTEST: Jennifer Labadie, Mayor
____________________________________
Sandie Thone, City Clerk
2E
MEETING
TYPE
Regular
Meeting
City of Shorewood Council Meeting Item
Title/Subject: Accept Final Improvements and Approve Final Payment for
Badger Park Tennis Courts; City Project 20-01
Meeting Date: Tuesday October 12, 2021
Prepared by: Andrew Budde, City Engineer
Reviewed by: Larry Brown, Director of Public Works
Attachments: Resolution and Final Payment Application
th
Background: At the May 26 Council Meeting, Council awarded the contract for the
Badger Park Tennis Court Reconstruction Project to Bituminous Roadways, Inc. The
contract included the reconstruction of the tennis courts and the fencing at Badger Park.
The contract also included tennis court striping and surfacing of the newly constructed
tennis courts. Bituminous Roadway has completed all work associated with the project
and is requesting final payment and acceptance of the work.
Bituminous Roadway has submitted the Minnesota IC-134 Withholdings Affidavit Form
and request for final payment.
A resolution accepting the improvements for the Badger Park Tennis Court
Reconstruction Project and authorizing final payment is included for Council
consideration and approval.
Financial Considerations: Bituminous Roadway was awarded the project with a bid
for $179,947.95. The final, completed amount is for $194,327.81, which includes the
cost to upgrade the fencing from galvanized to black vinyl coated in the amount of
$16,520.00.
Recommendation/Action Requested: Staff has reviewed the estimate, verified
quantities, and recommends approval of the resolution for final acceptance and
payment for city project 20-01, the Badger Park Tennis Court Reconstruction Project,
and final payment in the amount of $2,140.14 to Bituminous Roadway, Inc.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
Contractor's Application for Payment
Owner:City of Shorewood Owner's Project No.:
20-01
Engineer:Philip J. Schrupp Engineer's Project No.:C16.120797
Contractor:Bituminous Roadways, Inc.Contractor's Project No.:
Project:Badger Park Tennis Court Reconstruction
Contract:
Application No.:3-Final Application Date:8/26/2021
Application Period:From 8/17/2021 to 8/25/2021
1.Original Contract Price$ 179,947.95
2.Net change by Change Orders$ 16,520.00
3.Current Contract Price (Line 1 + Line 2)$ 196,467.95
4.Total Work completed and materials stored to date
(Sum of Column G Lump Sum Total and Column J Unit Price Total)$ 194,327.81
5.Retainage
a.X $ 194,327.81 Work Completed$ -
b.X $ - Stored Materials$ -
c.Total Retainage (Line 5.a + Line 5.b)$ -
6.Amount eligible to date (Line 4 - Line 5.c)$ 194,327.81
7.Less previous payments (Line 6 from prior application)$ 168,244.11
8.Amount due this application$ 26,083.70
9.Balance to finish, including retainage (Line 3 - Line 4)$ 2,140.14
Contractor's Certification
The undersigned Contractor certifies, to the best of its knowledge, the following:
(1)All previous progress payments received from Owner on account of Work done under the Contract have been
applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by
prior Applications for Payment;
(2)Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this
Application for Payment, will pass to Owner at time of payment free and clear of all liens, security interests, and
encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such
liens, security interest, or encumbrances); and
(3)All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not
defective.
Contractor:Bituminous Roadways, Inc.
9/22/2021
Signature:Date:
Recommended by EngineerApproved by Owner
By:Philip J. Schrupp By:
Title:Project Engineer Title:Director of Public Works
10/6/21
Date:9/22/2021 Date:
Approved by Funding Agency
By:By:
Title:Title:
Date:Date:
EJCDC C-620 Contractor's Application for Payment
(c)2018 National Society of Professional Engineers for EJCDC. All rights reserved.
Progress Estimate - Unit Price WorkContractor's Application for Payment
20-01
Owner:City of Shorewood Owner's Project No.:
C16.120797
Engineer:Philip J. Schrupp Engineer's Project No.:
Contractor:Bituminous Roadways, Inc.Contractor's Project No.:
Project:Badger Park Tennis Court Reconstruction
Contract:
3-Final From 08/17/21 to 08/25/2108/26/21
Application No.:Application Period:Application Date:
B
ACDEFGHIJKL
Contract InformationWork Completed
Work Completed % of
Estimated Value of Work
Materials and Materials Value of
Value of Bid ItemQuantity Completed to Date
Currently Stored Stored to Date ItemBalance to Finish (F
Unit Price(C X E)Incorporated in (E X G)
Bid Item (not in G)(H + I) (J / F)- J)
Item QuantityUnits($)($)the Work($)
No.Description($)($)(%)($)
Original Contract
MOBILIZATION
1 1.00 LUMP SUM 7,300.00 7,300.00 1.00 7,300.00 7,300.00 100%
-
REMOVE BITUMINOUS PAVEMENT
2 1,536.00 SQ YD 2.20 3,379.20 1,536.00 3,379.20 3,379.20 100%
-
REMOVE CHAIN LINK FENCE
3 450.00 LIN FT 3.40 1,530.00 450.00 1,530.00 1,530.00 100%
-
REMOVE GATE
4 3.00 EA 150.00 450.00 3.00 450.00 450.00 100%
-
REMOVE TENNIS COURT NET POSTS & FOOTINGS
5 4.00 EA 50.00 200.00 4.00 200.00 200.00 100%
-
REMOVE WOOD RETAINING WALL
6 40.00 LIN FT 13.00 520.00 35.00 455.00 455.00 88%
65.00
REMOVE & REPLACE BACKSTOP
7 1.00 EA 7,865.00 7,865.00 1.00 7,865.00 7,865.00 100%
-
SALVAGE & REINSTALL SIGN
8 2.00 EA 200.00 400.00 0.25 50.00 50.00 13%
350.00
COMMON EXCAVATION (EV) (P)
9 845.00 CU YD 25.60 21,632.00 933.50 23,897.60 23,897.60 110% (2,265.60)
GEOTEXTILE FABRIC TYPE V
10 1,475.00 SQ YD 1.40 2,065.00 1,451.00 2,031.40 2,031.40 98%
33.60
AGGREGATE BASE CL 5 (CV) (P)
11 350.00 CU YD 33.00 11,550.00 373.10 12,312.30 12,312.30 107%
(762.30)
SELECT GRANULAR BORROW (CV) (P)
12 485.00 CU YD 27.75 13,458.75 496.00 13,764.00 13,764.00 102%
(305.25)
TYPE SP 9.5 WEARING COURSE (SPWEA240C)
13 340.00 TON 95.00 32,300.00 349.23 33,176.85 33,176.85 103%
(876.85)
4" CONCRETE WALK
14 55.00 SQ FT 32.00 1,760.00 56.00 1,792.00 1,792.00 102%
(32.00)
4" PERF TP DRAINTILE
15 555.00 LIN FT 11.00 6,105.00 540.00 5,940.00 5,940.00 97%
165.00
4" PVC CLEANOUT
16 1.00 EA 420.00 420.00 1.00 420.00 420.00 100%
-
COMMON TOPSOIL BORROW (LV)
17 60.00 CU YD 55.10 3,306.00 30.00 1,653.00 1,653.00 50%
1,653.00
SMALL BLOCK RETAINING WALL
18 175.00 SQ FT 55.00 9,625.00 140.00 7,700.00 7,700.00 80%
1,925.00
BIOLOG
19 160.00 LIN FT 8.00 1,280.00 160.00 1,280.00 1,280.00 100%
-
SILT FENCE TYPE MACHINE SLICED
20 350.00 LIN FT 6.00 2,100.00 200.00 1,200.00 1,200.00 57%
900.00
INLET PROTECTION
21 2.00 EA 300.00 600.00 2.00 600.00 600.00 100%
-
EROSION CONTROL BLANKET CAT 0W/ MNDOT SEED MIX 25-
22 350.00 SQ YD 7.22 2,527.00 218.00 1,573.96 1,573.96 62%
953.04
EROSION CONTROL BLANKETCAT 0 W/ MNDOT SEED MIX 34-
23 80.00 SQ YD 10.00 800.00 80.00 800.00 800.00 100%
-
TENNIS COURT SURFACE TREATMENT AND STRIPING
24 1.00 LUMP SUM 10,600.00 10,600.00 1.00 10,600.00 10,600.00 100%
-
TENNIS POST SYSTEM
25 2.00 EACH 2,175.00 4,350.00 2.00 4,350.00 4,350.00 100%
-
CHAIN LINK FENCE
26 450.00 LIN FT 67.50 30,375.00 445.00 30,037.50 30,037.50 99%
337.50
CHAIN LINK FENCE PEDESTRIAN GATE
27 3.00 EA 1,150.00 3,450.00 3.00 3,450.00 3,450.00 100%
-
CO #1 BLACK VINYL FENCE
28 1.00 LUMP SUM 16,520.00 16,520.00 1.00 16,520.00 16,520.00 100%
-
Original Contract Totals
$ 179,947.95 $ 194,327.81 $ - $ 194,327.81 108%$ 2,140.14
EJCDC C-620 Contractor's Application for Payment
Unit Price1 of 1
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-114
A RESOLUTION FOR FINAL ACCEPTANCE AND PAYMENT FOR BADGER PARK
TENNIS COURT RECONSTRUCTION PROJECT; CITY PROJECT 20-01
WHEREAS, pursuant to the approved award of the Badger Park Tennis Court
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Reconstruction Project to Bituminous Roadway, Inc. at the May 26, 2021 Council
Meeting; and
WHEREAS, Bituminous Roadway, Inc. has completed all work in accordance with the
awarded contract; and
WHEREAS, Bituminous Roadway, Inc. is requesting final payment and acceptance for
the work; and
WHEREAS, Staff has reviewed the estimate, verified quantities, and recommends final
payment and acceptance of the project to Bituminous Roadway, Inc.
NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Shorewood
hereby authorize final acceptance and approve final payment to Bituminous Roadway
for the Badger Park Tennis Court Reconstruction Project according to the plans and
specifications on file in the office of the City Clerk.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12 day of
October, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
#2F
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Walnut Grove Villas PUD
Amendments to Development Agreement and Extension of Final Plat Approval
Applicant: Stoddard Companies (Senior Housing Ventures, Inc.)
Location: Vacant parcel north of Highway 7 between Eureka Road and Seamans Drive
Meeting Date: October 12, 2021
Prepared by: Marie Darling, Planning Director
Attachments: Amended Development Agreement
Resolution 21-072 (Original Approval)
Resolution 21-115 (Approving an Extension and Amendments to the
Development Agreement)
Background: Stoddard Companies has submitted their request to extend the approvals to record the
final plat for Walnut Grove Villas and to assign the development contract to the builder under an LLC
called CCS Walnut Grove Villas, LLC., which would also own the property and file the plat. This new
developer would assume all the responsibilities of the development agreement including, but not
limited to, the rights to construct the development and the responsible for the financial guarantees
and voluntary payments.
Both entities have told staff that they have had delays securing all the necessary permits for the
development in the 160-day time-frame specified. The delays do not affect recording the
development contract, so staff did not include an extension to that deadline.
The Development Agreement has been modified as follows:
Opening Paragraph: This section was amended to replace Senior Housing Ventures with CCS
Walnut Grove Villas, LLC.
New Recital F. was included to acknowledge the requested City Council approval of the
proposed items this evening.
A modified Recital G reflects the modified deadline to record the plat and submit the financial
guarantees.
Paragraph 2. Was amended to include resolution 21-115.
Paragraph 9. Schedule of Work was amended to acknowledge no substantial work will be
completed in 2021, which also affects when the landscaping can be completed. The new
deadline would be October 31, 2022 for the majority of the work in the development.
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\\2021 Cases\\Walnut Grove Final plan and plan - Stoddard\\Development Contract\\Amended Agreement\\CAF Memo 10 12 2021.docx
Paragraph 33. Notices. Changed to reflect the new developer’s contact information.
Signatures: Amended to reflect the new developer’s company on the signature blocks
Financial or Budget Considerations: The extension and the amendments have no impact.
Recommendation / Action Requested: Staff recommends approval of the request for an extension to
the final plat for Walnut Grove Villas and amendments to the Development Agreement for Stoddard
Companies on property located north of Highway 7 between Eureka Road and Seamans Drive, subject
to the findings and conditions in the attached resolution and the execution of the amended
Development Agreement.
Action on this request requires a simple majority.
Next Steps and Timelines: Should the City Council approve this request, the developer would need to
satisfy all conditions of approval as specified in the final plat resolution and development agreement
prior to beginning work on the site.
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
WALNUT GROVE VILLAS
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this _____ day of ____________, 2021, by and between the CITY
OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and
CCS WALNUT GROVE VILLAS, LLC. a Minnesota limited liability corporation, hereinafter
referred to as the "Developer," setting forth the rights and obligations of the parties relating to the
Walnut Grove PUD and subdivision (the "Project").
RECITALS
A. The Developer has an interest in certain lands legally described as follows, which lands are
hereinafter referred to as the "Property":
Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the
following described part thereof; Commencing at the intersection of north line of Highway
7 with the west line of Lot 26; thence east along said highway distant 210 feet; thence north
parallel with west line of Lot 26 distant 210 feet; thence west parallel with said highway
line 210 feet; thence south to beginning, and except part taken for highways, Hennepin
County, Minnesota;
And
B. The Developer proposes to develop the Property by means of a Planned Unit Development
("PUD") consisting of 14 single family villa lots and two outlots to be developed in one stage; and
C. The City Council, at its August 24, 2020 meeting, did consider and grant Concept Plan
approval as set forth in Resolution No. 20-094, incorporated herein by reference; and
D. The City Council, at its February 22, 2021 meeting, did consider and grant Development
Stage Plan approval as set forth in Resolution No. 21-022 and incorporated herein by reference;
and
E. The City Council, at its July 12, 2021 meeting, did consider and grant Final Plat and PUD
Final Stage Plan approval as set forth in Resolution No. 21-072 and incorporated herein by
reference; and,
F. The City Council, at its October 12, 2021 meeting, did consider and grant an extension to
the Final Plat and PUD Final Stage Plan approval as forth in Resolution No. 21-115 and
incorporated herein by reference; and
G. The City hereby approves the final plat on the condition that the Developer enter into this
Agreement and record it with the county recorder or registrar by January 8, 2022, and provide the
surety required by this agreement and record the plat with the county recorder or registrar of titles
by July 12, 2022 or prior to any work being completed on the site consistent with Paragraph 1, below.
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In consideration of the mutual covenants and guarantees contained herein, the parties hereto agree
as follows:
AGREEMENT
1. General Conditions of Approval. The Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private
improvements, or any buildings until all the following conditions have been satisfied: 1) this
Agreement has been fully executed by both parties and filed with the city clerk, 2) the necessary
Surety has been received by the City, and 3) the plat and all easements and agreements have been
recorded with the Hennepin County Recorder's Office and proof of recording has been provided to
the City.
2. PUD (Planned Unit Development) Approvals. The Developer shall comply with the
conditions of approval as adopted by the City Council and set forth in Resolution No. 20-094,
Resolution No. 21-022, Resolution No. 21-072 and Resolution No. 21-115. In addition,
development of the PUD is subject to the requirements of the R-1D, Single-Family Residential
zoning district, as may be modified herein.
a. Allowed Uses: The permitted uses include one-level, single family homes and the
permitted accessory uses shall be as indicated in the R-1D zoning district, except that no
storage or parking of recreational vehicles or equipment shall be permitted outside the
attached garage nor shall the construction of detached accessory buildings or commercial
greenhouses be permitted.
b. Minimum setbacks (for all structures) shall be as follows:
1) Front Block 1: 25 feet
2) Front Block 2: 20 feet
3) From the north/south development property lines: 25 feet
4) Interior Side property lines: 10 feet
5) From the Eureka Road and Seamans Drive rights-of-way: 35 feet
6) Wetland buffer/Setback: 35/15 feet
7) No structure may cross a property line onto another lot or outlot.
8) Air conditioners may encroach into side drainage and utility easements if the
equipment is installed on cantilevered platforms and remains 10 feet from
utilities. The Developer and their assigns shall hold the City harmless for any
damage for such encroachments when working within the easements for their
stated purposes.
c. Maximum building height, as defined by the Shorewood Zoning Code, shall be one
story or 30 feet, whichever is less.
d. Use of Outlots within the plat: The final plat for the PUD includes 2 outlots, which
shall be owned and maintained by the Homeowners’ Association (the “HOA”) as
common open space and for stormwater management features. The Developer may
place one subdivision sign in the outlot consistent with the height, setback, permit and
glare requirements of City Code Chapters 1201.03 Subd. 2 i (glare) and 1201.03 Subd.
2
11 (Signs). Benches for resident use or fences may also be installed, subject to City
approval. No other structures are permitted.
e. The Developer shall comply with the requirements of the Wetland Developments Code
(Chapter 1102) and the Wetlands Conservation Act of 1991 \[Minn. Stat. 103 G.221 et.
seq. (hereinafter referred to as the WCA)\]. The buffer areas adjacent to wetlands shall
be maintained in their natural state consistent with the conservation easements recorded
with the Hennepin County Recorder or Registrar of Titles against the Property.
Wetland buffers shall be identified within each lot or outlot by permanent monuments
approved by the City. A monument is required at each lot line where it crosses a
wetland buffer strip and as necessary to establish required setbacks from the wetland
buffer strip and as shown on the final signage plan, as approved by the Planning
Director. Monuments shall be placed within 60 days of completion of site grading or
prior to issuance of a building permit (except for one model permit), whichever occurs
first.
Prior to release of the financial guarantees, the Developer’s engineer/surveyor shall
certify all wetland buffer monuments are in place per the approved plan.
f. Model home: One model home with a sales office shall be permitted subject to the
following:
1) The model home/sales office is allowed until permits are issued for the first 11
homes. At that point, the model home/sales office must be converted to a
dwelling and the parking area removed.
2) The permit for the model home shall not be issued until the Developer’s engineer
certifies the grades on the lot are consistent with the approved plan, the
parking/staging area is constructed consistent with the approved signage plan and
tree preservation fencing has been re-inspected.
3) If the model home is constructed on fill, the Developer shall submit a soils report
from a licensed professional engineer that indicates the soils present on the site
and brought in are adequate for the construction of the structure.
4) An off-street parking area with a gravel or asphalt surface shall be constructed
with a pathway leading to the model home, with one handicapped accessible
space. The unpaved public street shall not be used for access, parking or
deliveries for the model home construction.
5) Any lighting for the model home shall be limited by the lighting regulations in
Chapter 1201.03 Subd. 2. v. and shall be turned off one hour after the real estate
office closes or 8 p.m., whichever is earlier.
6) Temporary signage for the model is limited to a combined total of 30 square feet
in no more than two signs. Temporary Sign permits are required prior to
installation of the signs.
7) No pennants, banners or streamers shall be installed on the Property.
8) The model home shall not be open to the public until the utility work is complete,
including any necessary testing, the first layer of asphalt is installed to the public
street and the parking lot is connected to the new public street.
g. Monuments. The Developer shall post a Surety for the final placement of all
subdivision monuments. The Surety is calculated as $100 per iron. The Surety will
be held by the City until the Developer’s land surveyor certifies that all irons have
3
been set following site grading and utility and street construction. In addition, the
certificate of survey must also include a certified survey indicating that all irons for a
specific lot have either been found or set prior to the issuance of a building permit
for that lot.
h. No planting or structure shall encroach upon a 3-foot perimeter around any hydrant
during construction or after. During construction, hydrants may not be blocked by
the Developer, employees, contractors, subcontractors and the like whether the
hydrant is on-site of the Property or any adjacent hydrant, such as, but not limited to,
the hydrant at Park Lane and Eureka Road.
i. The developer shall provide a parking area for all contractors and an access road
that shall not be located on new public street as shown on the signage plan for the
subdivision. The parking area shall be used by all contractors and subcontractors
until the new public street has one lift of asphalt. Parking shall be permitted on
only one side of the new public street unless such parking has been found to impede
public safety personnel from accessing the site.
3. Improvements Installed by Developer. Developer agrees at its expense to construct,
install and perform all work and furnish all materials and equipment in connection with the
installation of the following improvements (the "Improvements"):
a. All site grading including building pads;
b. Street grading, stabilizing and bituminous surfacing;
c. Concrete curb and gutter;
d. Sanitary sewer;
e. Storm sewer and surface water drainage facilities;
f. Water mains, laterals and service connections;
g. Street name signs and traffic control signs;
h. Tree preservation and landscaping, planting and reforestation;
i. Property monuments;
j. Public sidewalks; and,
k. Wetland buffers and signage;
consistent with the plans and specifications, dated May 20, 2021 and June 8, 2021 prepared by
Gronberg and Associates and Anderson Engineering of Minnesota, and all revisions thereto,
received and approved by the City Engineer and Planning Director incorporated herein.
The Improvements shall be installed in accordance with the City’s subdivision regulations, the
City Engineer’s Memo, and the City’s engineering guidelines/standard detail specifications. The
4
Developer shall submit plans and specifications, which have been prepared by a competent
registered professional engineer, to the City for approval by the City Engineer or designee. The
Developer shall instruct its engineer to provide full-time field inspection personnel in order for
the Developer's engineer to be able to certify that the construction work meets the approved City
standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the
work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow
all instructions received from the City's inspectors. The Developer and/or the Developer’s
engineer shall provide for on-site project management. The Developer's engineer is responsible
for design changes and contract administration between the Developer and the Developer's
contractor.
All labor and work shall be done and performed in the best and most workmanlike manner and in
strict conformance with the approved plans and specifications. No deviations from the approved
plans and specifications will be permitted unless approved in writing by the City Engineer or
designee. The Developer agrees to furnish to the City a list of contractors being considered for
retention by the Developer for the performance of the work required by this Agreement. The
Developer shall not do any work or furnish any materials not covered by the plans and
specifications and special conditions of this Agreement, for which reimbursement is expected
from the City, unless such work is first approved in writing by the City Engineer or designee.
The Developer hereby grants the City, its agents, employees, officers and contractors a license to
enter the plat to perform all work and inspections deemed appropriate by the City in conjunction
with plat development.
4. Special Conditions of Approval.
a. Upon acceptance of Improvements, the HOA shall be responsible for maintenance of
public sidewalk within the PUD.
b. Maintenance of stormwater features for treatment, volume control and rate control
within the PUD shall be the responsibility of the HOA.
c. Total impervious surface on each lot within the plat shall not exceed the amount shown
on the materials received by the City on June 23, 2021.
d. Private underground utilities, including gas, electric, telephone, and cable shall be
installed by the respective private utility companies pursuant to separate agreements with
the Developer.
e. Prior to issuance of building permits, the Developer shall provide reports from a
licensed professional engineer that indicates that the soils present on the site and as brought
in are adequate to support the construction of the homes, public streets/sidewalk and other
structures.
f. With the exception of a permit for model home construction, no building permits shall
be issued until the final plat is recorded, the streets (including curb and gutter) needed for
access to lots where permits are requested are paved with the first lift of asphalt, the sewer
and water service utilities are tested and approved by the City Engineer/designee, and the
5
City has received written certification from the Developer’s engineer that the grading for
the block where the building is proposed to be located are consistent with the approved
grading plan.
g. Due to the reduced setbacks, the Developer shall be required to use one lot for storage
of the Projects’ home construction materials such as trusses, siding, roofing materials, etc.
th
until the building permit for the 11 home has been issued.
h. During construction and after, the address of each home shall be clearly visible from
the middle of the street and consistent with requirements of the Fire Code. The Developer
shall employ temporary address signs until after the home is completed which shall be kept
clear of obstructions to visibility such as snow, vegetation, garbage/recycle facilities, etc.
Multiple signs for the same home may be required during construction.
i. To protect the wetlands, the Developer shall install a double row of silt fence which
shall remain until completion of construction and yard installation for the adjacent homes.
j. The Developer shall submit to the City Engineer the haul route they propose for any
fill material to be brought to the site for his approval.
5. Laws, Ordinances, Regulations and Permits. Developer shall comply with all laws,
ordinances, and regulations of all regulatory bodies having jurisdiction of the Property and shall
secure all permits that may be required by the following before recording the plat:
Hennepin County for county road access and work in county rights-of-way, and for
sewage system abandonment, if applicable
Minnesota Department of Transportation for state highway access and drainage
Minnesota Department of Health for watermains and well abandonment
National Pollutant Discharge Elimination System permits
Minnesota Pollution Control Agency for sanitary sewer and hazardous material
removal and disposal
Minnesota Department of Natural Resources for dewatering and work in protected
waters
Metropolitan Council Environmental Services for sanitary sewer connections
Watershed permits
City of Shorewood right-of-way permit, building permits
If the City determines that the plat does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer does comply. Upon the City’s
demand, the Developer shall cease work until there is compliance.
6. Pre-construction Meeting. At least 10 days prior to the commencement of construction,
the Developer or his engineer shall arrange for a pre-construction meeting to review the program
for the construction work. The meeting shall be held at Shorewood City Hall at a mutually
agreeable time (coordinated with the Planning Director and City Engineer) and shall include all
appropriate parties specified by the City Engineer.
7. Standards of Construction. The Developer agrees that all the Improvements, shall equal or
exceed customary City construction and engineering standards, shall be constructed and installed
6
in accordance with engineering plans and specifications approved by the City Engineer and the
requirements of applicable City ordinances, and that all work shall be subject to final inspection
and approval by the City Engineer.
8. Materials and Labor. All of the materials to be employed in the making of the
Improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials shall be removed and
replaced with approved materials and rejected labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of the Developer.
9. Schedule of Work. The Developer shall submit a written schedule in the form of a bar
chart indicating the proposed progress schedule and order of completion of work covered by this
Agreement. It is understood and agreed that the Improvements, except the final lift of asphalt, the
sidewalks, entry monument, and landscaping shall be performed so as to be completed by October
31, 2022, subject to delays due to “force majeure” (i.e. events of casualty, unusually inclement
weather, labor strikes, material shortages, civil unrest or other causes beyond the reasonable
control of the Developer). The final lift of asphalt and entry monument shall be completed by
October 31, 2022.
Landscaping shall be completed as follows: In the outlots and at least 30 feet from any home
construction site: by October 31, 2022. On the individual lots and in the outlots within 30 feet of
any home construction site shall be completed prior to release of a certificate of occupancy for the
applicable home. The Developer may also submit an escrow agreement for the landscaping within
the lot, executed by the builder/future homeowner and guarantees submitted as allowed by Section
1201.03 Subd. 2. g. of City Code.
The base of the sidewalk shall be installed at the same time as the street. The pavement must be
completed prior to the construction of the fifth home in Block 1 (with an exception for winter
construction).
The Developer shall provide written notice to the City of the existence of any delays in the
completion of the work.
10. As-Built Plans. Within sixty (60) days after the completion of construction of the
Improvements, except as noted in paragraph 14, the Developer shall cause its engineer to prepare
and file with the City a full set of "as-built" plans in .pdf format and CAD or shapefile (GIS)
format, showing the installation of the Improvements within the plat. Failure to file "as-built"
plans within said sixty (60) day period shall suspend the issuance of building permits and
certificates of occupancy for any further construction within the plat.
11. Easements. The Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation of any Improvements within or adjacent to the
Project, and thereafter promptly convey said easements to the City.
12. Pre-existing Drain Tile. All pre-existing drain tile disturbed by the Developer during
construction shall be restored, replaced or properly abandoned by the Developer.
7
13. Staking, Surveying and Inspection. The Developer, through its engineer/surveyor, shall
provide for all staking and surveying for the Improvements, property monuments, and delineation
of the wetland buffer areas and the associated monuments. In order to ensure that the completed
Improvements conform to the approved plans and specifications, the City will provide for
inspection as determined necessary by the City Engineer, and after the homes are constructed by
the City’s Building Official.
14. Grading. The plat shall be graded in accordance with the approved Grading, Drainage and
Erosion Control Plan. The plan shall conform to City of Shorewood standards. Within 30 days after
completion of the grading, the Developer shall provide the City with a "record" grading plan certified
by a registered land surveyor or engineer indicating that all ponds, swales, and ditches have been
constructed on public easements or land owned by the City. The "record" plan shall contain site
grades and field verified elevations of the following: a) cross sections of ponds/filtration basins; b)
location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas
if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and
house pads; and d) top and bottom of retaining walls.
All lots with house footings placed on fill must be monitored and constructed to meet or exceed
FHA/HUD 79G specifications. The Developer must certify that this has been done correctly.
Prior to City acceptance of the grading Improvements and a full release of financial sureties, the
Developer shall provide the City with final “record” plans, in accordance with the City’s most
recent Engineering Guidelines.
15. Erosion Control. Prior to initiating site grading, the Erosion Control Plan shall be implemented
by the Developer and inspected and approved by the City. Erosion control practices must comply
with the Minnesota Pollution Control Agency’s best management practices. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the
excavation and backfilling operations shall be reseeded within 7 days after the completion of the
work or in an area that is inactive for up to 7 days unless authorized and approved by the City
Engineer in writing. Except as otherwise provided in the Erosion Control Plan, seed shall be in
accordance with the City's current seeding standards. All seeded areas shall be fertilized, mulched,
and disc-anchored as necessary for seed retention. The parties recognize that time is of the essence
in controlling erosion. If the Developer does not comply with the erosion control plan and schedule
or supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer’s expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City
for any cost the City incurred for such work within ten days, the City may draw down the Surety to
pay any costs. No development, utility or street construction will be allowed, and no building permits
will be issued unless the plat is in full compliance with the approved Erosion Control Plan.
16. Street Maintenance During Construction. The Developer shall be responsible for all street
maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards
develop in streets to prevent the public from traveling on same and to direct attention to detours.
The Developer shall maintain a smooth surface and provide proper surface drainage to ensure that
the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for
keeping streets within and without the subdivision swept clean of dirt and debris that may spill,
track, or wash onto the street from the Developer’s operation. The Developer may request, in
writing, that the City keep the streets open during the winter months by plowing snow from the
8
streets prior to final acceptance of said streets. The City shall not be responsible for repairing
damage in the development because of snow plowing operations. Providing snow plowing service
does not constitute final acceptance of the streets by the City. The Developer shall contract for
street cleaning within and immediately adjacent to the development. At a minimum, scraping and
sweeping shall take place on a daily basis during grading operations and on a weekly basis
thereafter unless directed otherwise by the City, including its employees, inspectors or contractors.
17. Street Signs. The Developer, at its expense, shall provide standard city street identification
signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic
Control Devices, as directed by the City Engineer.
18. Access to Residences. The Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
accepted by the City.
19. Final Inspection. At the written request of the Developer, and upon completion of the
Improvements set forth in paragraph 3 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied
that all work is completed in accordance with the approved plans and specifications, and the
Developer’s engineer has submitted a written statement attesting to same, the City Engineer shall
recommend that the Improvements be accepted by the City.
20. Conveyance of Improvements. Upon completion of the installation by the Developer and
approval by the City Engineer of the public Improvements set forth in paragraph 3 above, the
Developer shall convey said Improvements to the City free of all liens and encumbrances and
with warranty of title, which shall include copies of all lien waivers. Should the Developer fail
to so convey said Improvements, the same shall become the property of the City without further
notice or action on the part of either party hereto, other than acceptance by the City.
21. Replacement. All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within two years after
acceptance by the City, shall be replaced by the Developer at the Developer's sole expense. Within
a period of thirty (30) days prior to the expiration of the said two-year period, the Developer shall
perform a televised inspection of all sanitary sewer lines within the plat and provide the City with
a record of the televised inspection.
22. Restoration of Streets, Public Facilities and Private Properties. The Developer shall restore
all City streets and other public facilities and any private properties disturbed or damaged as a
result of Developer's construction activities, including sod with necessary black dirt, bituminous
replacement, curb replacement, and all other items disturbed during construction.
23. Reimbursement of Costs. The Developer shall reimburse the City for all costs, including
reasonable engineering, inspection, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 34 below. Nonpayment of billings from the City shall be grounds for denial of
building permits, including lots sold to third parties, and the halting of all work in the plat.
9
24. Escrow. Prior to release of the plat for recording, the Developer shall pay to the City an
escrow deposit in the amount of $10,000.00 (the “Escrow”). The Escrow will be deposited on
account and remain there until completion of all work related to the subdivision as outlined in
paragraph 3. The City reserves the right to apply any portion of the Escrow toward a delinquent
payment, emergency repair, or to apply final billing for planning, engineering or legal services
paid for by the City. The City shall return to the Developer all excess funds on deposit within 60
days after the completion of the warranty period for the items in paragraph 3.
25. Claims for Work. The Developer or its contractor shall do no work or furnish no materials
not covered by the plans and specifications and special conditions of this Agreement, for which
reimbursement is expected from the City, unless such work is first ordered in writing by the City
Engineer as provided in the specifications. Any such work or materials which may be completed
or furnished by the contractor without such written order first being obtained shall be at its own
risk, cost and expense.
26. Surety for Improvements. For the purpose of assuring and guaranteeing to the City that
the Improvements shall be constructed, installed and furnished by the Developer as set forth in
paragraph 3 above, according to the terms of this Agreement, and to ensure that the Developer
submit to the City as-built plans as required in paragraph 10 and that the Developer pay all claims
for work done and materials and supplies furnished for the performance of this Agreement, the
Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit
approved by the City (the “Surety”) in an amount equal to 150% of the total cost of said
Improvements estimated by the Developer's engineer and approved by the City Engineer.
Upon receipt of proof satisfactory to the City Engineer or designee that the work has been
completed and financial obligations to the City have been satisfied, the Surety may be reduced
from time to time at the City’s discretion, by up to 75% of the original amount. Twenty-five
percent (25%) of the original amounts certified by the Developer's engineer shall be retained
until: (1) all Improvements have been completed; (2) all financial obligations to the City
satisfied; (3) the required "record" plans have been received by the City; and (4) warranty period
for the following Improvements have expired and any necessary repairs have been completed:
A. The required warranty period for materials and workmanship for utilities including public
sanitary sewer, storm sewer, and watermains shall be two years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including concrete
curb and gutter, sidewalks and trails, materials and equipment shall be two years from the
date of final written City acceptance.
C. The required warranty period for trees and landscaping is two growing seasons following
installation.
D. The required warranty period for tree preservation shall be three growing seasons following
the completion of mass grading.
27. Summary of Surety Requirements. To guarantee compliance with the terms of this contract,
payment of special assessments, payment of the costs of all public and private Improvements, and
construction of all public and private Improvements, the Developer shall furnish the City with a
Surety in the amount of $1,346,807. The amount of the Surety was calculated as follows:
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Street and Sidewalk Construction: 198,795
Sanitary Sewer: 91,464
Watermain System: 154,514
Storm Sewer System: 109,540
Landscaping and Tree Preservation: 36,119
Grading and Erosion Control: 299,139
Setting Iron Monuments/Buffer Monuments: 8,300
SUB-TOTAL: 897,973
TOTAL (150% OF THE ABOVE): $1,346,807
This breakdown is for historical reference; it is not a restriction on the use of the Surety. The
bank shall be subject to the approval of the City Administrator. The City may draw down the
Surety, without notice, for any violation of the terms of this contract or if the Surety is allowed to
lapse prior to the end of the required term. If the required public Improvements are not
completed at least 30 days prior to the expiration of the Surety, the City may also draw it down.
If the Surety is drawn down, the proceeds shall be used to cure the default.
28. Insurance. The Developer shall maintain during the life of this Agreement, public liability
and property damage insurance covering personal injury, including death, and claims for property
damage which may arise out of the Developer's work or the work of their subcontractors, or by
one directly or indirectly employed by any of them. This insurance policy shall be a single limit
public liability insurance policy in an amount not less than $2,000,000.00. The City shall be named
as additional insured and the Developer shall file a copy of the insurance coverage with the City.
The certificate shall provide that the City must be given written notice of the cancellation of the
insurance per the terms of the policy.
Prior to commencement of construction of the Improvements, the Developer shall file with the
City a certificate of such insurance as will protect the Developer, his contractors and subcontractors
from claims arising under the workers' compensation laws of the State of Minnesota.
29. Local Sanitary Sewer Access Charges (LSSAC). Developer shall, prior to release of the
final plat for Phase I by the City, make a cash payment to the City in the sum of $16,800 ($1,200
for each lot) as local sanitary sewer access charges. Subsequent phases shall pay LSSAC, based
on the fees in effect at the time of filing of each final plat.
30. Municipal Water Charges. Pursuant to Shorewood City Code a $10,000 municipal water
connection charge is required to be paid for each lot, prior to the release of the final plat. The City
shall credit the Developer the cost of extending water mains from the outside boundary of the
Property to the front property line of each lot. In no event shall credit to the Developer exceed the
water connection charges paid. The Developer’s engineer has submitted cost estimates indicating
that the cost of the watermain for this subdivision will exceed the cost to complete the installation.
As a result, no watermain connections fees would be required.
31. Park Fund Payment. The Developer shall submit a total park dedication payment of
$91,000, ($6,500 per lot) to be paid prior to the release of the final plat.
32. Voluntary Contributions. The Developer has proposed to submit voluntary contributions
consisting of: a 1) $105,000 for payments toward road improvements on either Seamans Drive or
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Eureka Road, the Freeman Park 2023 Trail Project or other trail enhancements, or the general
fund as determined by the City Council; and, 2) $56,000 for an affordable housing fund, with
benefits to be determined by the City Council. The Developer has proposed to submit these
contributions in a lump sum at the time the certificate of occupancy is approved for the first
home.
33. Notices. All notices, certificates and other communications hereunder shall be sufficiently
given and shall be deemed given when mailed by certified mail, return receipt requested, postage
prepaid, with proper address as indicated below. The City and the Developer by written notice
given by one to the other, may designate any address or addresses to which notices, certificates or
other communications to them shall be sent when required as contemplated by this Agreement.
Unless otherwise provided by the respective parties, all notices, certificates and communications
to each of them shall be addressed as follows:
To the City: Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
952-960-7912
planning@ci.shorewood.mn.us
To the Developer: Tim Brown
Vice-President
CCS WALNUT GROVE VILLAS, LLC
PO Box 219
Victoria, MN 55386
612-802-6948
tim@schaefco.com
34. Proof of Title. The Developer shall furnish a title opinion or title insurance commitment
addressed to the City warranting that Developer is the fee owner or has a legal right to become fee
owner of the Subject Property upon exercise of certain rights and to enter upon the same for the
purpose of developing the Subject Property. The Developer further agrees that all dedicated rights-
of-way, streets and easements provided to City shall be free and clear of all liens and
encumbrances.
35. Indemnification. Excluding any claims or liabilities caused by or arising from the
negligence or willful misconduct of the City, its employees, agents and contractors, the Developer
shall hold the City harmless from and indemnify the City against any and all liability, damage,
loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of
the Developer's performance and observance of any obligations, agreements, or covenants under
this Agreement. It is further understood and agreed that the City, the City Council, and the agents
and employees of the City shall not be personally liable or responsible in any manner to the
Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other
person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes
of action of any kind or character arising out of or by reason of the execution of this Agreement or
the performance and completion of the work and Improvements hereunder.
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36. Declaration of Covenants, Conditions and Restrictions. The Developer shall provide a
copy of the Declaration of Covenants, Conditions and Restrictions, for review and approval by the
City prior to recording.
37. Remedies Upon Default. In the event the Developer shall default in the performance of any
of the covenants and agreements herein contained and such default shall not have been cured
within thirty (30) days after receipt by the Developer of written notice thereof, the City may
exercise the following remedies:
A. Assessments. The City may cause any of the Improvements to be constructed and
installed or may take action to cure such other default and may cause the entire cost
thereof, including all reasonable engineering, legal and administrative expenses
incurred by the City to be recovered as a special assessment under Minnesota
Statutes Chapter 429. The Developer agrees to pay the entire amount of such
assessment within thirty (30) days after its adoption. The Developer further agrees
that in the event of its failure to pay in full any such special assessment within the
time prescribed herein, the City shall have a specific lien on all of the Property for
any amount so unpaid, and the City shall have the right to foreclose said lien in the
manner prescribed for the foreclosure of mechanic's liens under the laws of the
State of Minnesota. In the event of an emergency, as determined by the City
Engineer, the notice requirements to the Developer prescribed by Minnesota
Statutes Chapter 429 shall be and hereby are waived in their entirety, and the
Developer shall reimburse the City for any expense incurred by the City in
remedying the conditions creating the emergency.
B. Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay, or reimburse the City for:
(a) The cost of completing the construction of the Improvements.
(b) The cost of curing any other default by the Developer in the performance of
any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
C. Legal Proceedings. In addition to the foregoing, the City may institute any proper
action or proceeding at law or at equity to abate violations of this Agreement, or to
prevent use or occupancy of the proposed dwellings.
38. Headings. Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
39. Severability. In the event any provisions of this Agreement shall be held invalid, illegal,
or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity
of the remaining Agreement.
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40. Execution of Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original, and all of which shall constitute but one and the
same instrument.
41. Governing Law. This Agreement shall be construed and interpreted in accordance with
the laws of the State of Minnesota.
42. Successors and Assigns. It is agreed by and between the parties hereto that the Agreement
herein contained shall be binding upon and inure to the benefit of their respective legal
representatives. The Developer may not assign this Agreement without the written permission of
the City Council. The Developer’s obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire plat, or any part of it.
43. Third Parties. Third parties shall have no recourse against the City under this Agreement.
44. Recording. This Agreement shall run with the land and be recorded against the title to the
Property. The Developer covenants with the City, its successors and assigns, that the Developer
has fee title to the Property being final platted and/or has obtained consents to this Agreement, in
the form attached hereto, from all parties who have an interest in the Property; that there are no
unrecorded interests in the Property being final platted; and that the Developer will indemnify and
hold the City harmless for any breach of the foregoing covenants.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day and year first above written.
CCS WALNUT GROVE VILLAS, LLC. CITY OF SHOREWOOD
By: By:
Its: Its: Mayor
ATTEST:
By:
Its: City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ___day of ___________, 2021, before me, a Notary Public within and for said
County, personally appeared Jennifer Labadie and Greg Lerud to me personally known, who,
being each by me duly sworn, did say that they are respectively the Mayor and City Administrator
of the municipal corporation named in the foregoing instrument, and that said instrument was
signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor
and City Administrator acknowledged said instrument to be the free act and deed of said
corporation.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ________ day of
________________, 2021, by __________________________________ the
____________________________________ of CCS Walnut Grove Villas, LLC.. a Minnesota
Limited Liability Corporation on its behalf.
______________________________________
NOTARY PUBLIC
Prepared by:
Shorewood Planning Dept.
5755 Country Club Road
Shorewood, MN 55331
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FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT
________________________________________, fee owners of all or part of the Property, the
development of which is governed by the foregoing Agreement, affirm and consent to the
provisions thereof and agree to be bound by the provisions as the same may apply to that portion
of the Property owned by them.
Dated this ____________ day of __________, 2021.
_________________________________________
By: ______________________________________
Its: ______________________________________
STATE OF ______________________ )
( ss.
COUNTY OF _____________________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2021, by ______________________________________________________.
________________________________________
NOTARY PUBLIC
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MORTGAGE CONSENT
TO
DEVELOPMENT AGREEMENT
_______________________________________________________, which holds a
mortgage on the Property, the development of which is governed by the foregoing Agreement, agrees
that the Agreement shall remain in full force and effect even if it forecloses on its mortgage.
Dated this ______ day of _______________, 2021.
_________________________________________
By: ______________________________________
Its: ______________________________________
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2021, by ______________________________________________.
________________________________________
NOTARY PUBLIC
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RESOLUTION 21-072
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A FINAL PLAT
FOR WALNUT GROVE VILLAS FOR PROPERTY LOCATED
NORTH OF HIGHWAY 7 BETWEEN EUREKA ROAD AND SEAMANS DRIVE
WHEREAS, Senior Housing Ventures, Inc. (the “Applicant”), has submitted a request for a final
plat of the Walnut Grove Villas PUD under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes; and
WHEREAS, the property is legally described as:
Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the
following described part thereof; Commencing at the intersection of north line of Highway
7 with the west line of Lot 26; thence east along said highway distant 210 feet; thence
north parallel with west line of Lot 26 distant 210 feet; thence west parallel with said
highway line 210 feet; thence south to beginning, and except part taken for highways,
Hennepin County, Minnesota;
WHEREAS, the final plat is consistent with the preliminary plat and the PUD concept and
development plans previously approved for the project, and
WHEREAS, a development agreement has been prepared as part of the final plat application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood:
1. The plat of Walnut Grove Villas for 14 lots for single-family homes and 2 outlots is hereby
approved according to the plans and materials submitted March 23-24, April 14, 16 and 21,
and June 7, 8, and 23, 2021, subject to the conditions listed below.
2. The approval is specifically conditioned upon the terms and conditions contained in the
Development Agreement for the subdivision.
3. The Mayor and City Administrator are hereby authorized to execute the Development
Agreement on behalf of the City Council.
4. The final plat, development agreement and all related documents listed below, shall be
required to be filed with Hennepin County as required by the Development Agreement.
5. Prior to release of the subdivision for recording the final plat, the Applicant shall submit the
information and revised plans consistent with the regulations in City Code, the PUD Concept
and Development Stage approvals and as follows:
a. Revised homeowner association (HOA) documents that prohibit accessory buildings.
b. Executed easements and agreements, including: 1) conservation easements over the
wetlands and wetland buffers, 2) sidewalk easement over Lot 6, Block 1; 3) a storm
water maintenance agreement and 4) the development agreement.
c. Payment of the following fees: park dedication ($91,000); and local sanitary sewer
access charge ($16,800).
d. Submission of all required financial guarantees/escrow deposit.
e. Any required permits from other agencies.
f. Revised construction management plan including, but not limited to: the haul route for
the material to be imported and increase the street cleaning to once per day while fill
material is being brought to the site.
g. Revised plans consistent with the Engineer’s Memo dated June 15, 2021 and City Code,
as follows:
1) Revise the landscaping plan to: 1) relocate the trees a minimum of 10 feet from utility
mains and private utility services; 2) move the bollards 2 feet from the sidewalk and 3
feet from hydrants.
2) Revise the grading plan to indicate a double row of silt fence to protect the wetlands
during import of material and mass grading.
3) Revise the tree preservation plan to remove impacts to trees on adjacent properties
or submit signed agreements from the affected property owners granting permission
for the removal. To be considered saved, no activity is permitted within the drip line
of the tree and fencing is required to be installed and inspected prior to mass
grading.
4) Revise the signage plan to indicate that wetland buffer monuments shall be placed at
each lot line and as the buffer changes direction.
6. Prior to issuance of building permits, except for one permit for a model home, the Applicant
shall submit or complete the following:
a. Submit proof of recording for the subdivision, including the resolution, easements, HOA
documents, and agreements.
b. Submit a soils report from a licensed professional engineer that indicates the soils
present on the site and brought in are adequate for the construction of the structures.
c. Install the wetland buffer monuments, except for the permit for the model home.
d. Install the public improvements as directed in the development agreement.
7. The base of the sidewalk shall be installed with the street construction. The pavement must
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be completed with the construction of the 5 home in Block 1 (with the exception of winter
construction).
8. A permit for construction of the model home may be issued when the applicant has
completed the parking area, the grades are certified, the lot monuments are installed and all
other conditions listed in the PUD development stage resolution and development
agreement have been satisfied.
9. The site shall remain in compliance with the city’s tree preservation policy until all
construction is complete.
10. The parking area must be constructed first and must be adequately sized for all contractors
working in the subdivision until the street is finished and as needed afterwards for overflow
parking.
11. The applicant shall provide a staging area for all materials related to home construction on
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the property and it shall remain in place until permits are issued for the 13 home.
12. The developer shall provide disclosures to all home buyers in Block 1 consistent with those
submitted on March 23, 2021 that indicate that sidewalks will be constructed along the new
public street.
13. Each lot shall remain at or below the amount of impervious surface coverage indicated on
the exhibit submitted June 23, 2021.
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14. The proposed subdivision sign shall not be installed closer than five feet to the public right-
of-way and otherwise consistent with the sign regulations and the conditions in the
development agreement.
15. The final plat shall expire in 180 days if the Applicant has not recorded the final plat at
Hennepin County. The Applicant may request an extension to the approval subject to the
requirements of Section 1202.03 Subd. 2. f. (3).
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12 Day of
July, 2021.
___________________________
Jennifer Labadie, Mayor
ATTEST:
_______________________________
Sandie Thone, City Clerk
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RESOLUTION 21-115
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING AMENDMENTS TO THE DEVELOPMENT
AGREEMENT AND AN EXTENSION TO THE FINAL PLAT APPROVAL
FOR THE WALNUT GROVE VILLAS PUD LOCATED NORTH OF HIGHWAY 7
BETWEEN EUREKA ROAD AND SEAMANS DRIVE
WHEREAS, the City of Shorewood approved a request on July 12, 2021 from Senior Housing
Ventures, Inc. (the “Applicant”) for final plat and including a development contract for the
property legally described as:
Lot 26, Meeker’s Outlots to Excelsior, except the north 2 acres thereof and except the
following described part thereof; Commencing at the intersection of north line of Highway
7 with the west line of Lot 26; thence east along said highway distant 210 feet; thence
north parallel with west line of Lot 26 distant 210 feet; thence west parallel with said
highway line 210 feet; thence south to beginning, and except part taken for highways,
Hennepin County, Minnesota;
WHEREAS, Resolution 210-072 included a condition that the approvals would expire in 180
days if the Section 1202.03 Subd. 2. f. (3) of the City Code establishes the deadline for
recording the final plat and other required materials as 180 days from the approval of the
preliminary plat; and
WHEREAS, the 180-day period expires on January 8, 2022, unless an extension is requested
subject to Chapter 1202.03 Subd. 3 c; and
WHEREAS, the Applicant has outstanding conditions of approval that they have yet to satisfy;
and,
WHEREAS, the Applicant is transitioning their role as developer to “CCS Walnut Grove Villas,
LLC” (the “Developer”); and,
WHEREAS, the Walnut Grove Villas PUD Development Agreement (the “Agreement”) indicates
that the applicant may not assign the agreement to any other party without the consent of the
City of Shorewood; and,
WHEREAS, the City of Shorewood has prepared a revised Agreement assigning all the
responsibilities for the contract to the Development Agreement to the Developer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the
deadline to submit the final plat to be called “Walnut Grove Villas”, is hereby extended and the
Agreement amendments are hereby approved, subject to the following conditions:
1. The Agreement shall be executed and recorded with the county recorder or registrar
or titles by January 8, 2022.
2. The final plat approved by the City of Shorewood Resolution 21-072 on July 12, 2021
be recorded with the country recorder or registrar of titles by July 12, 2022 or as
specified in the Agreement.
3. All conditions listed in Resolution 21-072 shall be adhered to.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
October, 2021.
___________________________
Jennifer Labadie, Mayor
ATTEST:
_______________________________
Sandie Thone, City Clerk
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8A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Approve Quote for Water Meter Registry Replacement and Authorize Purchase of
Meter Registers, City Project 21-09
Meeting Date: October 12, 2021
Prepared by: Larry Brown, Director of Public Works
Attachments Quote Package, Low Quote, Resolution
Background / Previous Action:In 2007, the City awardeda contract to have furnished and installed
radio read water meters. Themeters are read utilizing a drive by receiver. Each meter has a small
battery in the “Registry Unit” or head of the meterthat powers the transmission signal once
activated when the drive by receiveris within sufficient proximity to the meter.
The registry unit that contains the battery is a sealed unit. When the meters were originally
installed, the batteries were guaranteed for a 20-year period, based on a 0-10 year full replacement
warranty and a 10-20 year prorated warranty.
Currently, the city has approximately 250 registry units that have failed to provide a reading. In
these cases, the Finance Department reviews the history of each account that has failed and
estimates a billing amount based on the historical use for that quarter. It is desirable to minimize
having to estimate these types of accounts, both for the customer and for the city. Therefore, the
city solicited quotes from two firms for replacement of the registry units. It is noted that the
registry unit is separate from the meter body. Occasionally, the meter body may be defective as
well. However, this is a much rarer condition. To obtain a unit price for such replacements, the
quote also solicited pricing for replacement of 25 meters. The actual quantity of meters will
increase or decrease, dependent upon what is determined in the field.
Staff solicited quotes from two firms for the installation (only) of the defective registry units and
meters. The registry unit is a proprietary system. Therefore, to seek quotes from more than one
firm, the quote package does not include furnishing the registry units. These will be purchased
directly by the city and provided to the successful contractor for installation.
A quote package, as shown in Attachment 1, was compiled and issued to two vendors for
consideration. Quotes were received on September 22, 2021 and are summarized below.
Firm Amount of Quote
Midwest Testing, LLC $ 26,125
Ferguson Waterworks $ 22,125
Table 1
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
The low Quote was provided by Ferguson Waterworks in the amount of $22,125, as shown in
Attachment 2. As noted earlier, this quote is for the time required in setting appointments,
managing the customer’s experience, troubleshooting the registry or meter, and performing the
installationand testing.
The registers and meters are provided to the contractor and will be purchased directly by the City.
Therefore, staff is also seeking authorization for purchase of 250 meter registers and 25 meters for
the startup of thisproject. As also noted, the final number will vary by what is found in the field.
Under the current warranty conditions, a trade in price and prorated purchase of a new registry unit
equates to $155 per 5/8” meter. Under this trade in, the new register will have a full warranty
identical to the initial installation. Where both the meter and registry are to be replaced, the unit
costs would equate to $243 per 5/8” meter. Based on these unit costs, an estimate of the direct
expenditure for the city’s purchase is shown below in Table 2.
Description Unit Cost* Quantity *Estimated Amount
Registry$ 155250$38,750
Meter Body andRegister $ 24325 $ 6,750
TOTAL $ 44,825
Table 2
*Note: Final amounts will vary based on field conditions and sizes of meters.
Financial or Budget Considerations: If approved, funding for the quote provided and direct
purchase would be provided by the Municipal Water Fund.
Schedule: Work with the contractor will commence immediately after award of the quotes. Per the
specifications, all work is to be completed by December 15, 2021.
Staff Recommendation: Staff is recommending approval of the Resolution that accepts the quote
from Ferguson Waterworks for replacement of the water meter registers and meters, in addition to
authorizing the purchase by the City of registers and metersas outlined herein.
Options:
1.Approve the Resolution which accepts the Agreement.
2.Provide Staff with alternative direction.
Recommendation / Action Requested: Staff is recommending Option1 that approves the
resolution be accepted.
CITY OF SHOREWOOD, MINNESOTA
Water Meter Register Replacement Project
Table of Contents
Section
A.Noticeto Firms Providing a Quote
B.Purpose of Request
C.Project Description
D.Project Timeline
E.Scheduling and Working Hours
F.Personnel Identification
G.Method of Measurement and Payment
H.Salvage of Meter Registers and Meter Bodies
I.Insurance
Pages Quote Form
Q1-Q2
1
A.Notice to Firms Providing Quotes
The City of Shorewood is soliciting quotes for replacement of approximately 250 Neptune meter registry
units and troubleshooting defective meters located within residential and commercial spaces located
within the cities of Shorewood, Excelsior and Deephaven.
Quotes willbe received electronically for the above project by Larry Brown, Director of Public
Works, by September 22nd, 2021, and shall be submitted electronically in PDF form at
Lbrown@shorewoodpw.comon4:30 p.m. (CST) on the quote forms provided.
he City of Shorewood reserves the right to reject any or all quotes and to waive any
T
informalities in the quotes.
B.Purpose of Request
The City of Shorewood is seeking Quotes from qualified firms for the removal and replacement of
approximately 250 Neptune water meter registers within the Cities of Shorewood, Excelsior, and
Deephaven for measuring potable water usage. The scope of this project will also include general
troubleshooting of defective meters, and replacement of the entire meter, where needed.
The city supplies potable water to its residents and businesses. Water usage is measured for each customer
through an existing Neptune water meter located at each customer’s property. There are approximately
250 defective meters located primarily with the City of Shorewood, with some residential units located
outside of the Shorewood boundary within the Cities of Excelsior and Deephaven. The purpose of this
project is to replace defective registers and troubleshoot any other meter issues to insure successful
measurement of water use.
C.Project Description
The City is requesting a Quote for
(1)Establishing a contact list or database, based upon a listing of addresses and contact
information on file, and scheduling an appointment with the property owner to access the
property for replacement of the meter register or meter, as needed. The City will be issuing
an official initial notice letting customers know of the selected firm, in advance of efforts by
the selected firm contacting the customer.
(2)Replace defective water meter registers with a new unit supplied by the City of Shorewood
and verify a signal is received by a Neptune radio read receiver.
(3)Document meter register MIU number and meter body number of the existing and
replacement components on a form supplied by the City.
(4)Verify radio read signal outside the building using the city supplied Neptune Radio Read unit.
2
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D.Project Timeline
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It is anticipated that the award of the Contract would occur on October 11, 2021 at the Shorewood
City Council meeting. Upon award of the contract, the selected firm will be required to complete
installation of the registers and meters by December 15, 2021.
E.Scheduling and Working Hours
Upon Notice to Proceed by the City, the Contractor shall make arrangements with the owner of
premises on the list of properties provided by the City, to schedule certain time(s) that the building
water meter registry is to be replaced. The City will create and send out initial notification as to the
replacement program. The Contractor will be responsible for scheduling appointments with the
individual property owners for register or water meter replacement, if necessary. The Contractor shall
be responsible for all subsequent notifications.
If required by the owner of the premises, evening hours and weekends shall be utilized if scheduling
cannot be accomplished during the day. Any additional costs for evening and/or weekend work shall be
incidental to the contract. Working Hours are defined as 7:00 a.m. to 7:00 p.m. Monday through Friday,
8:00 a.m. to 5:00 p.m. Saturdays, with No work permitted on Sundays
If the Contractor has unusual difficulty with the owner of premises for scheduling said work, the
Contractor shall notify the City immediately.
F.Personnel Identification
Each individual of the firm making visits to homes or businesses shall be properly credentialed with an
Employee Identification Card that shall include a photo and shall be visible and available upon request
by anyone requesting proper identification.
G.Method of Measurement and Payment
Creation of Customer Database, Making and Managing Customer Appointments, and Travel Costs: All
costs associated with creation and maintenance of a customer contact database, managing appointments
and travel costs are considered incidental to the Remove and Replace Meter Register item of the
Contract, for which no additional compensation will be made.
Remove and Replace Meter Register: The method of measurement and payment shall be on a cost per
unit basis, which will include all labor, materials, machinery, and equipment to perform the removal and
replacement, as specified.
Remove and Replace Meter Body: The method of measurement and payment shall be on a cost per unit
basis, which will include all labor, materials, machinery, and equipment to perform the removal and
replacement, as specified.
3
222
H.Salvage of Meter Registers and Meter Bodies
All salvaged materials shall be delivered to the Shorewood Public Works facility located at 24200
Smithtown Road, Shorewood, MN 55331, and shall be considered incidental to the Contract for which
no additional compensation will be made.
I.Insurance
Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain
workers’ compensation and employer’s liability insurance, including, as applicable, United
States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap
employer’s liability coverage for monopolistic states, and foreign voluntary workers’
compensation.
Worker’s Compensation and Related Policies Policy limits of not less than:
Workers’ Compensation
State Statutory
Applicable Federal (e.g., Longshoreman’s) Statutory
Foreign voluntary workers’ compensation (employer’s Statutory
responsibility coverage), if applicable
Employer’s Liability
Each accident $ 500,000
Each employee $ 500,000
Policy limit $2,000,000
Commercial General Liability – Claims Covered: Contractor shall purchase and maintain
commercial general liability insurance, covering all operations by or on behalf of Contractor,
on an occurrence basis, against claims for:
1.damages because of bodily injury, sickness or disease, or death of any person other than
Contractor’s employees; and
2.damages insured by reasonably available personal injury liability coverage; and
3.damages because of injury to or destruction of tangible property wherever located,
including loss of use resulting therefrom.
Commercial General Liability – Form and Content: Contractor’s commercial liability policy
must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial
general liability form (occurrence form).
4
222
City of Shorewood
Quote Form for Water Meter Registry Replacement
InstructionsforFirms Providing Quote
th
A.RECEIPTOF QUOTE: September 22, 2021, 4:30 p.m. (CST)
B.QUOTEDESCRIPTION: Water Meter Registry Replacement Project
C.PREPARATION AND SUBMISSIONOF QUOTES:
1.The Quote shall be emailed to Larry Brown, Director of Public Works in PDF form to
the email address ofLbrown@shorewoodpw.comby September 22nd, 2021, 4:30 p.m.
(CST).
2.Each Quote shall be submitted on the form furnished.
3.Each Firm Providing a Quote must submit a completeQuote package, including thefollowing items:
1.Quote.
2.References
3.Statementof Qualifications
4.Certification of plumbing license
D.CONSIDERATION OF QUOTES:
No Quoteshall be considered unless the partyoffering it shallfurnish evidence satisfactory to
the City that he has the necessary facilities, ability, and resources to fulfill the conditions of
the Contract.
E.SUBSTITUTIONS:
NotApplicable.
F.PAYMENT:
The Cityof City of Shorewood authorizes the payment of invoices on the second Mondayof
the month. For consideration on one of these dates, payment request must be receivedno
later than fourteen (10) working days prior to that date.
G.I
NDEMNIFICATION:
The Contractor shall, without regard to the availability or unavailability of any insurance,
indemnify andsaveharmless the Cityagainstanyandalllawsuits,claims, demands, damages,
liabilities, losses, and expenses, including attorneys’ fees and administrative expenses, that
may arise, or be alleged to have arisen, out of or in connection withtheContractor’s
performance of, or failure to perform, the Work or any part thereof, whether or not due or
claimedto be due inwhole or inpartto the active,passive,or concurrent negligence or fault
of the Contractor, except to the extent caused by the sole negligence of the City.
Q1
222
The Contractor shall hold the Cityharmless for any and allclaims for labor, material,
apparatus, equipment, parts, fixtures or machinery furnished by the Contractor for the
purpose of performing the Work under the contract. This indemnity does not waive any
immunities in favor of the City that it may assert in response to any or all of the claims
described above.
I. COST OF WORK:
The undersigned, acting for and on behalf of Contractor and having familiarized himselfwith
conditions affecting the cost of the work and its performance and having carefully examined
and fully understood the entire Quote package, hereby affirms and agrees to enter into a
contract withtheCity ofCity of Shorewood, Minnesota to provide all supervision, labor,
material, equipment and all other expense items to completely performthe workcovered byall
specifications forthe work.
The undersigned submits herewith hisQuoteasfollows:
Item Unit
No.Description Unit Quantity Price Amount
Remove and Replace Meter
1 Register Each 250
2 Remove and Replace Meter Body Each 25
TOTAL AMOUNT: _____________
Firm Name:
Address:
City, State, ZIP:
Signature:
NamePrinted:
Title:
Telephone:Date:
If a Corporation:
ATTEST:
Secretary
Q2
222
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CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-116
A RESOLUTION, APPROVING QUOTE FOR WATER METER
REGISTER REPLACMENT AND AUTHORIING PURCHASE
OF WATER METER REGISTERS AND METERS
CITY PROJECT 21-09
WHEREAS, The City solicited quotes for installation of failed water meter registers and
meters; and
nd
WHEREAS, On September 22, 2021, quotes were received and tabulated, as shown
below, with Ferguson Waterworks providing the low quote in the amount of $22,125;
and
Firm Amount of Quote
Midwest Testing, LLC $26,125
Ferguson Waterworks $22,125
WHEREAS,The Director of Public Works has examined said quotes and found them to
be in order; and
WHEREAS, As specified in the quote documents the City shall purchase and provide
water meter register units and water meters as required in the field.
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood:
1. The Quote by Ferguson Waterworks in the base amount of $22,125 is hereby
accepted.
2. Staff is authorized to purchase water registers and water meters estimated at
$44,825.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12 day of
October, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
8B
MEETING
TYPE
Regular
Meeting
City of Shorewood Council Meeting Item
Title/Subject: Strawberry Court WatermainUpdate
Meeting Date:Tuesday, October 12,2021
Prepared by: Andrew Budde, City Engineer
Reviewed by: Larry Brown, Director of Public Works
Greg Lerud, City Administrator
Attachments: None
Background: In September 2021, the city council requested an evaluation looking at
the possibility of constructing the watermain for Strawberry Court in the 2022
construction season, as a separate project from the planned Strawberry Lane
Reconstruction Project for 2023.
To install watermain within Strawberry Court, the watermain system must be extended
from Smithtown Road. To minimize inconveniences and cost to the public the best
approach would be to install the mains via directionally drilling construction instead of
open cut construction. This would allow the majority of pavement to stay in place when
compared with open cut construction which removes a large portion of the street
surface. The directional drilling method has always been proposed for Strawberry Court
since that roadway is only slated to be reclaimed and repaved. In addition, it would be
recommended to complete the watermain connection from Strawberry Court to the
existing watermain near the Lake Minnetonka Regional Trail to complete the looping of
the system.
The watermain within Strawberry Lane was originally planned to be open cut since the
existing sanitary sewer services are nearly at the same depths as the proposed
watermain and the entire roadway was planned for reconstruction. It was anticipated
that the watermain in Strawberry Lane would switch to a directional drilled method to
minimize inconvenience to residents and help expedite the overall project completion by
the start of school in early September. It is anticipated that there would be
approximately $50,000 in additional construction costs for street patching, turf
establishment and erosion control if it was a 2022 as a standalone project
Completing the project as a stand-alone in 2022 does create several other issues or
concerns. One concern is that if the residents along Strawberry Court would be allowed
to connect to a water service in the fall of 2022, but residents along Strawberry Lane
would not be allowed to connect until the fall of 2023 due to the dynamic nature of the
current overall design for the Strawberry Lane roadway and storm sewer. The city
should not let homes along Strawberry Lane connect as it will create a lot more street
patches and inconvenience to the traveling public, and there is risk that some of those
services may be in conflict with the future improvements.
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
Another concern is that the Strawberry Court and Peach Circle watermains were not
originally scoped as part of the Strawberry Lane project. These segments were added
in 2021 due to requests from residents wanting the ability to connect to municipal water.
If completed in 2022, this would then be jumping ahead of the planned for Strawberry
Lane project, which due to time constraints, has had to move to 2023.
In addition, completing the work in separate years the city could potentially have issues
with warranties of the contractors. Since both projects would be publicly bid the city
would likely have two different contractors. These contractors would be working in the
same areas and if there were warranty issues that would arise, both contractors would
likely deflect responsibly to the other. Having one contractor complete all the work is
the ideal situation for the city.
If the city council wanted to complete the Strawberry Court watermain in 2022 it is
recommended to be packaged with the overall Strawberry Lane project. If it was the
council desire to complete the entire project in 2022, the city would need to meet a very
strict project schedule and decisions datesgoing forward. The council would need to
give direction on which roadway option to design and construct at a November 2021
council meeting, this would be shortly after a proposed open house to discuss the
design alternatives, then plan on bidding the project in late Februaryof 2022. The city
would also need to plan on filing for condemnation on any parcels that have not reached
st
a successful right of way acquisition negotiation by February 1, 2022. This would then
st
allow the city access to those properties by June 1, 2022.
As presented, this is a very aggressive schedule. If there are delays in any of these
time frames it likely pushes back the start of the construction and consequently the
completion of construction as well.
It has been the city's practice to have all the necessary projects and plans prepared and
as many contingencies addressed as possible prior to bidding a project. Trying to
complete the project in 2022 leaves contingencies that may have to be resolved after
bidding, and therefore subjects the city to unknown and potentially higher costs.
Recommendation:
Based on the above information and concerns, it is recommended to complete the
Strawberry Court watermain with the overall Strawberry Lane Street Reconstruction
project in 2023.
City of Shorewood Council Meeting Item
9A
Title/Subject: Use of Interactive Technology at Council Meetings
MEETING
Meeting Date: October 12, 2021
TYPE
REGULAR
Prepared By: Greg Lerud, City Administrator; and Tim Keane, City
Attorney
Attachments: Chapter 14 MN 2021 Legislature Session Laws
Background: The response to the Covid-19 pandemic ushered in many changes in
how the city conducts business, with one of the major impacts being how meetings are
conducted. Technology advancements permitted the city council to hold its meetings in
an entirely virtual format in 2020 and 2021. Shorewood, like most other cities, began
using an interactive software platform to conduct public meetings where everyone was
present, but not in-person.
During the 2021 Legislative session, several changes to state law were approved that
defined the conditions about when, and under what circumstances the council must use
technology to hold meetings. Most of the law changes defined the meeting conditions
during a pandemic or other defined emergency. The law also defined the conditions
under which a council member could participate remotely in the meeting. In addition, if
a meeting is conducted by interactive technology, the city must permit the public the
opportunity to observe the meeting through the same technology. It is important to note
that the requirement to allow remote public observation of a meeting is only required
when a council member is participating remotely. If all participating council members
are in-person at the meeting, then there is no requirement of remote public observation
of the meeting, which is consistent with how meetings were held prior to the pandemic.
Cities are creatures of the State and generally have only those powers specifically
granted to it by the State. Staff requested an opinion from the MN Department of
Administration’s Data Practices Officer regarding the requirement or prohibition of public
participation in a meeting held through interactive technology in a non-pandemic or
defined emergency. The DOPs opinion is that remote participation is not required by
the statute, nor was it prohibited, so the decision as to whether include public
observation and/or participation through interactive technology is a decision to be made
by the city council.
Financial or Budget Considerations: No additional cost going forward. The city has
already purchased the interactive software at the beginning of the pandemic to hold
meetings, and the council chambers presentation and recording system has been
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
programmed to integrate the interactive software, although we are working on some
glitches in the interface of the interactive software and the council presentation system.
Options: Prior to March 2020, there was no contemplation of having remote
observation or participation in city council meetings. All participation was done in-
person, or by writing comments. Had the pandemic not occurred, it is likely that is how
the city would be operating today. In fact, most cities that have resumed in-person
meetings have done so without remote public observation or participation. There is not
a state mandate regarding remote public observation when participating council
members are present in-person for the meeting. The council, therefore, has a couple of
options:
1. Follow State statute regarding remote meeting observation and/or participation, which
for most meetings, would mean a return to strictly in-person meetings.
2. Exceed statutory requirements regarding remote meeting public observation and/or
participation.
Recommended Action: While the schedule of a council meeting has changed
relatively little over the years, how information is communicated and made available to
the public has regularly changed. Going from paper agendas mailed to just council
members, to electronic agendas posted to the city’s website; and Power Point
presentations to advance notice of ordinances are some of the communication
improvements over the years. Over the past year, the city has demonstrated that public
involvement can be done through interactive technology, and staff believes that
interactive technology use in city council meetings is just the latest improvement to
allow public observation and/or participation. Other improvements and changes are
sure to follow in the future.
Staff recommends the city council consider adopting a policy that would permit the
public to participate city council meetings using interactive technology, as defined in
Minnesota Statute. Because the requirements for remote meeting observation and/or
participation vary depending on circumstances, for consistency reasons, staff
recommends that a policy be established for all city council meetings, so meetings are
held in the same manner. In addition to clarity for the city council and public, the
consistent use of the technology will result in a better use of that technology, rather than
occasionally having to implement it to conduct meetings.
Because this policy is not a mandate, the City Council can determine the conditions for
use of the technology. While this is not an exhaustive list, staff offers the conditions
below for council consideration:
1. Remote participation at meetings is not required by Minnesota State law, but the
city council finds it would allow people, who are not able to physically attend a
council meeting, the opportunity to participate in local government meetings.
2. The participant must be on camera and be able to be seen and heard by the city
council.
3. The screen username of anyone wishing to participate in a meeting shall be
easily identifiable as to the person wishing to participate.
4. Participation shall be under the same conditions as if the member from the public
was physically present at the meeting.
5. The city shall strive to incorporate the interactive technology in its meetings, but if
there are issues with the technology, or technological problems with a private
person’s computer or internet, the meeting shall continue, and any council
actions taken shall not be invalidated by the absence of interactive technology.
6. If the city council finds that remote public participation is no longer promoting
positive public involvement, the council retains the authority to discontinue
remote participation.
7. These conditions are only for City Council meetings and not work sessions or
commission meetings.
Additionally, the city council could decide to allow remote participation for a period of
time, and then analyze if the use of technology has been effective in allowing remote
participation.
Next Steps: If the City Council adopts a policy regarding the use of interactive
technology that is different than statutory requirements, the city will draft the policy
conditions.