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07-24-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 24, 2023 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___ Callies___ Maddy___ Sanschagrin___ Zerby___ 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 have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff 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, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes of July 10, 2023 Minutes B. Approval of the Verified Claims List Claims List C. Approve Permanent Appointment of City Administrator City Clerk/HR Director Memo D. Acknowledge Change in Attorney for Development Review Planning Director Memo E. Approve Quote for 2023 Crack Seal, City Project 23-03 City Engineer Memo Resolution 23-071 F. Approve Kitchen Rental Agreement: The Salsa Collaborative Parks/Rec Director Memo CITY COUNCIL REGULAR MEETING AGENDA Page 2 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 Council. Anyone wishing to address the Council should raise their hand, or if attending remotely please use the “raise hand” function on your screen and wait to be called on. Please make your comments from the podium and identify yourself by your first and last name and your address for the record. Please limit your comments to three minutes. No discussion or action will be taken by the Council on this matter. If requested by the Council, City staff will prepare a report for the Council regarding the matter and place it on the next agenda. 4. REPORTS AND PRESENTATIONS A. Park and Recreation Month Proclamation Parks/Rec Director Memo 5. PARKS A. Discuss Options for Freeman Park Trail City Engineer/Planning Director Memo Improvements, City Project 22-05 6. PLANNING A. Report by Commissioner Huskins on 07/18/23 Planning Commission Meeting B. Public Hearing: PUD Development Stage Plan Planning Director Memo and Preliminary Plat Location: 24250 Smithtown Road Resolution 23-072 Applicant: TSML Properties, LLC. Resolution 23-073 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Lake Minnetonka Communications Commission Survey City Administrator Memo 9. STAFF AND COUNCIL REPORTS A. Staff 1. Water Quality Update Public Works Director Memo nd 2. 2 Quarter 2023 Budget Report Finance Director Memo nd 3. 2 Quarter 2023 Investment Report Finance Director Memo CITY COUNCIL REGULAR MEETING AGENDA Page 3 B. Mayor and City Council 10. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 10, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Pro-Tem Callies called the meeting to order at 7:00 P.M. City Administrator Nevinski administered the Oath of Office to incoming Council Member, Scott Zerby. A. Pledge of Allegiance B. Roll Call Present. Mayor Pro-Tem Callies, Councilmembers Maddy, Sanschagrin, and Zerby; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Director Crossfield; and, City Engineer Budde Absent: Mayor Labadie C. Review Agenda Maddy moved, Zerby seconded, approving the agenda as presented. All in favor, motion passed 4-0. 2. CONSENT AGENDA Mayor Pro-Tem Callies reviewed the items on the Consent Agenda. Councilmember Maddy noted that, within the June 26, 2023 minutes, his name was listed as both the representative and the alternate for the Excelsior Fire Board and clarified that Councilmember Sanschagrin should be listed as the alternate. Councilmember Sanschagrin asked to make another small tweak to the minutes on page seven, second paragraph related to the bond sale and asked to add the words “cost of’ into a sentence. Zerby moved, Sanschagrin seconded, Approving the Motions Contained on the Consent Agenda, with the changes, as noted to the minutes, and Adopting the Resolutions Therein. A. City Council Work Session Minutes of June 26, 2023 B. City Council Regular Meeting Minutes of June 26, 2023 C. Approval of the Verified Claims List D. Approve Permanent Appointment of Public Works Director CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 10, 2023 Page 2 of 6 E. Approve WAC Assessment Agreement 6050 Cajed Lane, Adopting RESOLUTION NO. 23-069, “A Resolution Approving and Adopting a Special Assessment.” F. Approve WAC Assessment Agreement 25700 Birch Bluff Road, Adopting RESOLUTION NO. 23-070, “A Resolution Approving and Adopting a Special Assessment.” Motion passed, 4-0. 3. MATTERS FROM THE FLOOR George Greenfield, 24715 Yellowstone Trail stated that he felt it was time for a conclusion on the matter at 24835 Yellowstone Trail and stated that he feels the neighborhood has been irreparably defaced and polluted. He stated that there are two conflicting accounts of what happened but feels one account can be confirmed and the other cannot. He referenced the incorrect date that was published within the Shore Report regarding the variance discussion for that property which precluded giving the citizens an opportunity to contest it. He stated that there is also a question of whether the neighborhood property owners were informed, in writing, by the City about the variance request and the date when the Planning Commission would consider this matter. He stated that the City has repeatedly said that they had informed the citizens but he had spoken with both adjacent parties and was told that they had not received a call from anyone on the Council nor did they receive anything in writing. He stated that it feels as though there is a relentless push to turn Shorewood into a miniature Eden Prairie or Maple Grove and cautioned other residents that it will be coming to their streets in the near future. 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Discuss SLMPD Joint Powers Agreement Term City Administrator Nevinski noted that the Council had approved the SLMPD Joint Powers Agreement at their June 26, 2023 meeting. He noted that the Excelsior City Council met during a work session that same evening to discuss the agreement and explained that his understanding was that they are in agreement with the terms of the agreement, with the exception of the twenty year term and are instead proposing a ten year term. He stated that Excelsior’s thought process is that that policing is changing, and will continue to change in the future and they want to ensure that there is the opportunity to review the JPA and felt that a twenty year term was too long. He noted that they would actually prefer a shorter period than ten years, but have offered that as a compromise. He explained that the Coordinating Committee for the SLMPD will meet on Wednesday evening and noted that it would be helpful if they had some input from the Council on how they felt about the ten year term for the JPA. He stated that no action was needed on this CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 10, 2023 Page 3 of 6 item, but were looking for some direction from the Council to take back to the Coordinating Committee. Mayor Pro-Tem Callies stated that the Council had discussed that at their last meeting. She explained that she felt the twenty year term was appropriate in order to have adequate planning for a successful police department. Councilmember Sanschagrin stated that he would completely agree and stated that during the meeting there was agreement from all the cities, except Excelsior, to have no limit and to leave the JPA in place unless someone brought up an issue. He noted that Chief Tholen gave a great explanation about the value of having a longer agreement. He stated that he has asked Chief Tholen how he felt about the proposed ten year term and while it was not his preference, he told him he would encourage the other cities to support it, in the interest of having a working JPA. Councilmember Zerby asked how long the original JPA term had been. City Administrator Nevinski stated that he believes that they were on the fourth or fifth version of the JPA and stated that it began in 2003 and ran through the term of the bonds for the Public Safety building which are being paid off this year. He explained that this meant that by the end of the year, the current JPA will cease. Councilmember Zerby stated that this JPA had essentially been in place for twenty years. He asked about the status of the current approvals that have been voted on by the member cities. City Administrator Nevinski stated that he was not sure about the exact status, but noted that there had been support from the working group for the JPA that was included in the packet. Councilmember Zerby confirmed that Excelsior was asking all of the member cities to consider a ten year term for the JPA rather than a twenty year term. He stated that he would agree with the point shared by Councilmember Sanschagrin that it is very helpful to keep the police force strong which is difficult when there is a shorter term for the JPA. He stated that he would not be in favor of changing the terms to ten years and would like to keep it at twenty. Mayor Pro-Tem Callies stated that she agreed and questioned what Excelsior’s motivation was in this situation. She stated that even if policing does change, there will still be a police force in place. She stated that she feels the SLMPD has been a good department and feels that a shorter term may cause problems with retention of officers who may believe they will be out of a job in ten years at the end of the term. Councilmember Maddy noted that Excelsior pays for about a quarter of the Department’s expenses and Shorewood pays for a little over one-half. He noted that Excelsior generates about 34% of incident calls and asked how much negotiation power the City of Excelsior actually had in this situation. He asked if there was a way to get a quote from Hennepin County Sheriff’s Office to see how much they would charge to take over policing in Excelsior and compare it to what they are paying for being part of the SLMPD. He stated that he did not believe that Excelsior would have the capacity to leave the JPA without having a substantial increase in their costs. City Administrator Nevinski stated that they can look into getting that information but noted that he believed that Hennepin County was also stretched for officers and may not even have the capacity to take on that extra coverage. He explained that he did not believe that there was a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 10, 2023 Page 4 of 6 desire by Excelsior to leave the JPA, but explained that they do appear to be fairly adamant about the desire for a ten year term, which they view as a compromise. Councilmember Maddy stated that it appears as though Excelsior’s only argument is that ‘policing is changing’ and the JPA may not reflect what policing will look like in twenty years. He stated that he is skeptical of their mindset because the member cities can renegotiate their contract any time they would like so he did not understand how they felt their hands would be tied with a twenty year term rather than a ten year term. Councilmember Sanschagrin stated that he believed that Excelsior feels that if there is a term it creates an automatic inertia to negotiate the agreement. Mayor Pro-Tem Callies stated that the member cities had agreed to shorten the look back terms for the financials. She stated that they are saying that they do not want to leave the JPA, but are taking a strong position on the term length, which feels like a contradiction to her. Councilmember Sanschagrin asked how much time they had to conclude the agreement and what would happen if an agreement was not reached. City Administrator Nevinski stated that he was not entirely sure but would think it would have back on the table for additional discussions and reflection on how important the terms are to the member cities. He stated that, in general, it may re-open the contract and the more that happens, the more complicated it will get. Mayor Pro-Tem Callies noted that the existing JPA is valid through the end of the year so there is still a bit of time. Councilmember Sanschagrin reiterated his question about what would happen if there is no agreement by the end of the JPA. City Administrator Nevinski stated that technically there would not be an agreement so there may be the possibility, for example, of continuing under the same agreement terms and work towards a resolution over a period of six months. Mayor Pro-Tem Callies suggested that, rather than speculating on what could happen if an agreement is not reached, they communicate the position of the Council to stick with a twenty year term. Councilmember Maddy suggested that Excelsior be asked to provide a better argument, if they had one, besides what they have already presented about policing changing. Councilmember Zerby stated that it appears as though this was thoroughly discussed already by the Coordinating Committee and noted that they also recommended the twenty year term. 9. STAFF AND COUNCIL REPORTS A. Staff Parks and Recreation Director Crossfield reminded the Council that Concert it the Park was coming up later in the month. She noted that in August there will be Safety Camp as well as CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 10, 2023 Page 5 of 6 Movie in the Park and noted that additional information on those events could be found on the City’s website and their Facebook page. She stated that Oktoberfest sponsorship forms will be available on City’s website later this evening. Public Works Director Morreim noted that there was some additional work yet to be completed on Timber Lane due to the voids. He noted that both traffic lanes are reopened and the roadway is safe and the voids have been taken care of but they still have some work to do on the shoreline to find a permanent solution so this does not happen again. He stated that there had also been graffiti at Cathcart over the Fourth of July holiday which has been covered up thanks to a generous donation of time by M Carlson Painting. Councilmember Sanschagrin asked if they understood what had caused the voids. Public Works Director Morreim explained that there are some critters that live along the lake that they have witnessed who basically ‘set up shop’ there and went a significant distance into the road. He stated that they had first noticed it because they literally came up through the pavement. He stated that he expects final restoration to happen sometime next year. Councilmember Zerby noted that he had seen a recent news story about a city who was dealing with graffiti and one of their solutions was to bring art to the projects and suggested that the City consider that type of approach. Mayor Pro-Tem Callies noted that she believed that approach had already been suggested by Park and Recreation Director Crossfield. Planning Director Darling stated that she had been working with the Met Council on their population estimates for the City and gave an overview of what they were planning to do to more accurately reflect the cities growth/population. She stated that the City did not receive the outdoor recreation grant for Freeman Park trail project and will need to be funded with park dedication funds. She noted that the bid opening is scheduled for Wednesday and staff will bring that information to the Council at their next meeting. Mayor Pro-Tem Callies asked about the reasons accurate census information was important to the City. Planning Director Darling explained that there are a number of funding mechanisms that kick in when certain population points are reached so accuracy was important. B. Mayor and City Council Councilmember Sanschagrin stated that he and Councilmember Maddy will be at a Veteran’s event on July 11, 2023 at Howard’s Point Marina at noon and invited anyone interested to join them. Councilmember Maddy noted that one thing that had been included on the Consent Agenda that he wanted to draw attention was that Public Works Director Morreim has been with the City for six months and has done such a good job that the City wanted to keep him around. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 10, 2023 Page 6 of 6 Mayor Pro-Tem Callies stated that she had been biking on a Hennepin County trail this past weekend and rode past the Smithtown Pond area. She noted that she thought it looked great and felt that it will be a nice amenity for the City when it is completed. 10. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of July 10, 2023, at 7:37 P.M. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk Item 2C City Council Meeting Item Title/Subject: Approve Permanent Appointment of City Administrator Marc Nevinski Meeting Date: July 24, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Attachments: None Background: Pursuant to Shorewood Personnel Policy Section 3.08 All new, rehired, promoted, or reassigned employees shall complete a six (6) month probationary period upon assuming their new positions. This period shall be used to observe the employee’s work habits and ability to perform the work they are required to do. On January 1, 2023, Marc Nevinski began his employment with the City of Shorewood as City Administrator. Marc has proved to be a valuable leader in his role as City Administrator. Marc has developed positive relationships with staff, city council, commissioners, SLMPD, EFD, and other public entities and associations important in performing the duties of his position and the goals and objectives set by the city council. Marc has developed a good rapport with staff, is well respected, and has made significant positive contributions in his first six months of employment. Marc possesses progressive leadership skills, and the application of those skills is evident in the current culture of the organization. Marc exemplifies the City’s core values of Respect, Integrity, Communication, Positive Attitude, Teamwork, and Responsiveness in all he does. The City Council will hold a closed session to conduct a Performance Evaluation for City Administrator Marc Nevinski on July 24, 2023, at 6:00 p.m. Financial Considerations: Per the employment agreement, consistent with that provided to other employees and contingent upon satisfactory performance as determined by the Council, a COLA adjustment of 3% will be applied effective July 1, 2023, to the City Administrator’s salary following the completion of the initial review. Action Requested: Staff respectfully recommends the city council approve Marc Nevinski’s permanent appointment at the completion of his 6-month anniversary as of July 1, 2023, based on his performance to date and his demonstration of the City’s desired core values and attributes. Motion, second and simple majority vote required. 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 23-071 A RESOLUTION APPROVING 2023 CRACK SEAL QUOTES CITY PROJECT 23-03 WHEREAS, the City of Shorewood (“City”) is responsible for maintaining approximately 50 miles of public roadways and implements a variety of methods to maintain the roadways and extend their useful life ; and WHEREAS, the City solicited quotes for the 2023 Crack Seal project and received three quotes. The low quote was from Asphalt Surface Technology (ASTECH Corp) in the amount of $55,500.00; and WHEREAS, the project is included in the 2023 Capital Improvements Plan and will fund the project from the Street Reconstruction Fund; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby accepts and awards the low quote for the 2023 Crack Seal Project to Asphalt Surface Technology (ASTECH Corp.) in the amount of $55,500. Adopted by the City Council of Shorewood, Minnesota this 24th day of July 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk Item 2F City Council Meeting Item Title/Subject: Approving Kitchen Rental Agreement: The Salsa Collaborative Meeting Date: July 24, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Marc Nevinski, City Administrator Attachments: Kitchen Rental Agreement: The Salsa Collaborative Background: The Shorewood Community and Event Center commercial kitchen hosts a variety of renters at varying levels of operations. Staff and the City Attorney have drafted an agreement for renters in the rentals tiers 1-3 to define the responsibilities and obligations of the City and tenant with respect to renting the commercial kitchen. The Salsa Collaborative is entering into a Tier 3 kitchen rental agreement with City along with additional storage space. Please find attached the kitchen rental agreement for The Salsa Collaborative. Financial Considerations: The Salsa Collaborative plans to operate at the Shorewood Community and Event Center for nine to twelve months with an anticipated revenue to the City of $9,000 – 12,000. Action Requested: Staff respectfully requests a motion to approve the kitchen rental agreement with Salsa Collaborative. A majority (quorum) vote by the Council is required for any action on this request. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RENTAL AGREEMENT BETWEEN THE CITY OF SHOREWOOD AND SALSA COLLABORATIVE FOR SPACE AT THE SHOREWOOD COMMUNITY & EVENT CENTER THIS RENTAL AGREEMENT (the “Agreement”) is entered into this 1 day of May, 2023, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, whose address is 5755 Country Club Road, Shorewood, MN 55331 (“CITY”), and THE SALSA COLLABORATIVE LLC, a Minnesota limited liability company, whose address is 8518 Pine Court, Victoria, MN 55386 (“TENANT”). The CITY and TENANT are hereinafter referred to collectively as the “Parties”. Recitals A. The CITY owns and rents space at the Shorewood Community & Event Center (the “Center”) to individuals or groups of the public. The Center is located at 5735 Country Club Road, Shorewood, MN 55331. B. The Center contains a commercial kitchen (“Kitchen”) and TENANT wishes to utilize the Kitchen at the Center. C. The CITY is agreeable to permitting TENANT to rent the Kitchen at the Center between May 1, 2023 and December 31, 2023. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. PURPOSE. The purpose of this Agreement is to define the responsibilities and obligations of the CITY and TENANT with respect to renting the Kitchen at the Center. 2. RENT AND TERM. The rental term under this Agreement commences on May 1, 2023 and will run through December 31, 2023. (“Rental Term”). TENANT is renting the Kitchen at the Tier 3 level shown in the fee schedule attached as Exhibit A. TENANT shall pay rent to the CITY in the amount of $950.00 per month (“Rent”). Rent is due and payable on the first day of each month. If TENANT occupies Kitchen after the expiration of the Rental Term, this agreement shall extend month to month, and the agreement may be terminated by either party with a minimum 30 day notice. 3. TENANT OBLIGATIONS. a. TENANT shall abide by and conform to all statutes, ordinances, rules and regulations of duly constituted public authorities related to the use and occupancy of the Kitchen. b. TENANT shall not use the Kitchen in any way that would cause a cancellation, restriction, or increase in the premium of the CITY’S insurance on the Kitchen or the Center. 226155v4226155v4 c. TENANT shall at all times keep and maintain the Kitchen in a neat, clean, and sanitary condition, free from waste or debris, and shall remove, at TENANT’S expense, all food waste, garbage, and refuse of any kind, and shall neither permit nor commit any waste or nuisance thereon. d. TENANT covenants and agrees that TENANT, TENANT’S agents, contractors, licensees, and invitees shall not handle, use, manufacture, store, or dispose of any flammables, explosives, radioactive materials, hazardous wastes, or materials (as may be defined by Federal or State Law), toxic wastes or materials, petroleum products, or other similar substances or derivatives thereof (collectively “Hazardous Materials”) on, under, or about the Kitchen, without the CITY’S prior written consent (which consent may be withheld or denied for any or no reason). e. TENANT renting at Tier 2 or 3 shall submit to background checks of each person approved by TENANT to access the Kitchen after regular business hours. 4. CITY OBLIGATION. The CITY will allow the use of the Kitchen suitable for TENANT during the Rental Term. 5. ACCEPTANCE OF PROPERTY. TENANT acknowledges that TENANT is familiar with the Kitchen, and accepts the Kitchen “as is” during the Rental Term. TENANT further acknowledges that no representations as to the repair of the Kitchen, suitability of the Kitchen, or promises to alter, remodel, or improve the Kitchen have been made by the CITY except as expressly provided under this Agreement. 6. INSURANCE. The TENANT, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: The TENANT agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as an additional insured. The TENANT shall, prior to commencement of the Rental Term, deliver to the CITY a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. The TENANT’S policies shall be the primary insurance to any other valid and collectible insurance available to the CITY with respect to any claim arising out of TENANT’S performance under this Agreement. 226155v4226155v4 The TENANT’S policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the CITY. 7. WAIVER OF LIABILITY. All personal property belonging to TENANT on the Premises shall be at the risk of TENANT, and TENANT shall carry insurance on TENANT’S personal property, and the CITY shall not be liable for any damage thereto. TENANT waives all claims against the CITY for damages to persons or property sustained by TENANT or TENANT’S occupants, licensees or invitees, except those claims caused by the intentional malicious act or intentional omissions of the CITY or its agents. 8. INDEMNIFICATION. To the fullest extent permitted by law, the TENANT agrees to defend, indemnify, and hold- harmless the CITY and its employees, officials, and agents from and against all claims, actions, damages, losses, and expenses, including reasonable attorney fees, arising out of the TENANT’S negligence or the TENANT’S performance or failure to perform its obligations under this Agreement. The TENANT’S indemnification obligation shall apply to the TENANT, or anyone directly or indirectly employed or hired by the TENANT, or anyone for whose acts the TENANT may be liable. The TENANT agrees this indemnity obligation shall survive the completion or termination of this Agreement. 9. AUTHORITY. The individuals signing this Agreement on behalf of the CITY and TENANT represent and warrant that they are empowered and duly authorized to bind the CITY or TENANT, as the case may be, to this Agreement according to its terms. 10. RECITALS. The above Recitals are true and correct as of the date of this Agreement and constitute a part of this Agreement. 11. ADDITIONAL COST. In addition to the normal monthly Rent for use of the Kitchen , the CITY shall charge TENANT a monthly storage fee as shown in Exhibit A. Payment of this amount is due on the first of each month. 12. TERMINATION. Sections 7 and 8 will survive termination of this Agreement. 13. ASSIGNMENT. The TENANT may not assign this Agreement to any other person or entity unless written consent is obtained from the CITY. 14. AMENDMENTS. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. 15. AUDIT. Pursuant to Minnesota Statutes, § 16C.05, Subdivision 5, the TENANT agrees that the CITY, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City, and involve transactions relating to this Agreement. The TENANT agrees to maintain these records for a period of six years from the date of termination of this Agreement. 226155v4226155v4 16. DATA PRACTICES ACT. All government data, collected, created, received, maintained or disseminated for any purpose by the Parties pursuant to this Agreement shall be governed by the Minnesota Government Data Practices Act, Minn. Stat. §§ 13.01 et seq. (“the Data Practices Act”). TENANT agrees to comply with the Data Practices Act as it applies to any data provide to it by the CITY or third parties, and further agrees to cooperate and assist Customer staff in complying with any data practices requests arising out of, or related to, information generated or submitted via TENANT. 17. MISCELLANEOUS. a. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in Hennepin County, Minnesota. b. This Agreement constitutes the entire Agreement between the Parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon any party except to the extent incorporated in this Agreement. c. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. d. This Agreement does not create any rights, claims or benefits inuring to any person that is not a Party hereto nor create or establish any third Party beneficiary. e. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. f. This Agreement may be signed in one or more parts or counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. CITY: CITY OF SHOREWOOD By _________________________________ 226155v4226155v4 Jennifer Labadie, Mayor By _________________________________ Sandie Thone, City Clerk TENANT: THE SALSA COLLABORATIVE LLC By ___________________________________ Brian Podgorski, Its Manager 226155v4226155v4 Exhibit A Fee Schedule Hourly (Current) $30/hr for one-time/intermittent users Tier 1: 0-16 hours monthly, $350/month Tier 2: 17-49 hours monthly, $600/month Tier 3: Unlimited, $950/month Storage Fee $50 monthly for one storage space, $25 per additional space This fee schedule is subject to change by the City Council. 226155v4226155v4 Item 4A City Council Meeting Item Title/Subject: Park and Recreation Month Proclamation Meeting Date: July 24, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Marc Nevinski, City Administrator Attachments: Proclamation Background: Since 1985, people in the United States have celebrated Park and Recreation Month in July to promote building strong, vibrant and resilient communities through the power of parks and recreation and to recognize the more than 160,000 full-time park and recreation professionals — along with hundreds of thousands of part-time and seasonal workers and volunteers — that maintain our country’s local, state and community parks. The U.S. House of Representatives passed an official resolution for Park and Recreation Month in 2009 and introduced the resolution in 2017 and 2018. The services that park and recreation professionals provide are vital for our communities — from protecting open spaces and natural resources to helping fight obesity and providing activities and resources for all people. Park and Recreation Month encourages everyone to reflect on the exponential value park and recreation professionals bring to communities. The City of Shorewood has full and part-time staff dedicated to parks and recreation programing, events and activities. Additionally, public works staff dedicate considerable time and resources to improve and maintain the City’s parks facilities. Finally, the Southshore Senior Partnership rents space and provides volunteers to create recreation opportunities specifically for local seniors at the Shorewood Community and Event Center. Financial or Budget Considerations: None Action Requested: Staff respectfully requests the Mayor read the attached proclamation. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900 · www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us Designation of July as Park and Recreation Month WHEREAS parks and recreation promotes the physical and mental health of residents and visitors to the City of Shorewood by fostering time spent in nature and physical activities including sports, hiking, relaxation, nature preservation and play to promote active lifestyles; and WHEREAS park and recreation programming includes creative activities, social opportunities, learning, youth sports, and environmental education that are critical to children and adults throughout their lifetime; and WHEREAS parks and recreation programming and facilities increases property values, supports tourism, attracts and retains businesses, and reduces crime; and WHEREAS our parks and nature areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors which positively impacts mental health and alleviates illnesses; and WHEREAS for these reasons, the U.S. House of Representatives has designated July as Parks and Recreation Month. NOW THEREFORE, BE IT RESOLVED BY SHOREWOOD CITY COUNCIL that July is recognized as Park and Recreation Month in the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 24th day of July, 2023. _____________________________________________ Mayor Jennifer Labadie MEMORANDUM Date:July 13, 2023 To:Marie Darling,Planning Director From:Matt Bauman, PE Subject:24250 Smithtown Road/Lake Park VillasPUD Preliminary PlatApplication City of Shorewood Project No.: 0C1.130016 The following documents were submitted Local Surface Water Management Planand EngineeringStandards: Civil Plans revised dated 6/30/2023 Stormwater Drainage Report dated 5/11/2023 Geotechnical Report dated 2/1/2023 Preliminary Plat dated 6/28/2023 This review only included the documents listed above, primarily dealing with grading, utilities and stormwater management. General 1.Public infrastructureowned by the City of Shorewoodshall be constructed in accordance with City Standard Details and Specifications. 2.Confirm construction method and its approval by Hennepin County(including traffic control plan) to connect the sanitary sewer to the metropolitan council manhole in Smithtown Road. 3.Receive approval ofplans by Fire Department. Storm Sewer and SWPPP 4.Insulation shall be provided between watermain and storm sewer if there is less than 3-feet of separation. 5.Regarding Block 2, Lots 1 and 2, the City of Shorewood Stormwater Management Plan requires any new or redevelopment building construction within the City will maintain a minimum projected 100-year high water elevation for the area. If this three-foot building opening freeboard requirement is considered a hardship, the standard could be lowered to two feet demonstrated: a.That, within the two-foot freeboard area, stormwater storage is available which is equal to or exceeds 50% of the stormwater storage currently available in the basin below the 100-year elevation. b.That a 25% obstruction of the basin outlet over a 24-hour period would not result in more than one-the basin. (Ȁ͐3(7$͐Ώ#ΐΐΒΏΏΐΕ͐ΐ͑#®±±¤²͐#͑4® /³§¤±²͐ΑΏΑΒȃΏΖȃΐΒ͑ΑΓΑΔΏ 3¬¨³§³®¶­͑05$ 0±¤«¨¬ 0« ³ 2¤µ¨¤¶ Αȁ£®¢· Name:24250 SmithtownRoad/Lake Park Villas Date:July 13, 2023 Page:2 c.An adequate overflow route from the basin is available that will provide assurance that one foot of freeboard will be maintained for the proposed low building opening. Notes/comments to be addressed prior to construction/during Final Plat: 1.Prior to the start of any construction, permits shall be secured with the following at a minimum: a.Hennepin County utility work in right of way b.MinnehahaCreek Watershed District c.MPCA Construction General Permit d.Minnesota Department of Health e.Metropolitan Council Environmental Services 2.Complete anencroachment agreement for coordination between the development and City(ies) for future roadway and utility repairs. 3. a.Ensure adequate fall protection for the retaining walls. 4.Irrigation mains are not allowed in City Right of Way without an encroachment agreement and subject to the approval of the City Engineer. 5.Submit construction cost estimates. 6.Include profiles views of water and sewer mains 7.Recommend to include profileviews of the storm sewer runs. 8.Comments SWPPP to be provided during final plat, but will include: a.List person who will oversee implementation once Contractor is selected. b.Provide training documentation for person to conduct inspections. 9.Provide cross section of filtration basin. 10.Verify OCS detail in the plansmatches proposed invert and pipe information. 11.The storm sewer and stormwater management features willbe owned and maintained by the a.Owners of private stormwater facilities shall enter into an agreement with the City of Shorewood (and jointly with Tonka Bay) describing responsibility for the long-term operation and maintenance of the stormwater facilities and shall be executed and recorded with the final plat. An operations and maintenance plan for the proposed stormwater system should be included with future submittals. $¾©«²¹¯µ¸Ɏ%¯¸«Ɏ#¯¹º¸¯©ºɎ (´Ɏ¶§¸º´«¸¹®¯¶Ɏ½¯º®Ɏº®«Ɏ"µ³³»´¯º¯«¹Ɏµ¬ȎɎ #««¶®§¼«´ɉ$¾©«²¹¯µ¸ɉ&¸««´½µµªɉ2®µ¸«½µµªɉ3µ´±§Ɏ!§¿Ɏ ŵŷŴųųɎ2³¯º®ºµ½´Ɏ1µ§ªɎ 2®µ¸«½µµªȍɎ,-ȌɎŸŸŶŶŴɎ kmurphyringate@excelsiorfire.org 952-960-1692 July 5, 2023 TSML Properties, LLC Attn: Ryan Lundgren 10014 Orleans Lane N Maple Grove, MN 55369 Revised: 7-19-2023 Re: Lake Park Villas 24320-24320 Smithtown Road Dear Applicant, I have reviewed the Preliminary Plans for Lake Park Villas. Please address the following items as you complete the project. The list below is based on a review of the plans received by the City of Shorewood , but not limited to, the review of future submitted plans, tests conducted, or items found during the construction process. General The Excelsior Fire District requires and narrative and plans that reflect the requirements of Minnesota State Fire Code, Appendix C, Fire Hydrants Locations and Distributions and Appendix D, Fire Apparatus Access Roads that has been adopted by the City of Shorewood. See attached. Provide a construction/project timeline to the Excelsior Fire District. Emergency Vehicles Access Add No Parking Fire Lane signs to the private drive and only allow guests to use the designated guest parking spots. Signs must meet the requirements of Appendix D, Fire Apparatus Access Road of the Minnesota State Fire Code. Paint all the Fire Lane curbs yellow. Access for emergency vehicles must be maintained at all times. To always assure access for Fire Apparatus and other emergency vehicles, please advise concrete companies, vendors, sub-contractors , delivery companies, and landscapers not to block access to the site or any hydrants regardless of their location. Addressing Temporary Address During Construction: Must be posted on each villa as soon as construction begins. Villa numbers must be clearly displayed. Numbers must be kept clear of obstructions to help emergency vehicles find the address without delay. Should be in a place that it cannot be covered by snow, snow plowing, over growth, bushes, dumpsters, or garbage. Note: The address may need to be placed in several areas to be seen by emergency personnel. Permanent Address Posting: A permanent address is required before the residence can be occupied. Villa address numbers must be clearly displayed. The address numbers must be permanently displayed, i.e. carved, engraved, or mounted. Villa numbers must be kept clear of obstructions to help emergency vehicles find the address without delay. The address must be visible from the middle of the street during all times of the year and all hours of the day. Numbers must be a contrasting color with background they will be mounted on or engraved in. The address should be in a place that cannot be covered by snow, snow plowing, overgrowth, bushes, garbage or recycle cans stored or pulled to the curb. Consider reflective numbers for the address. Hydrants Provide the distance between the hydrants. Provide the distance from the North Hydrant to the South Villa on the East side. Indicate existing hydrants on the plans. Hydrant signs cannot be within 3 feet of the hydrant. Minnesota State Fire Code Sections 507.5.4-507.5.6 Hydrants require 3 feet of working space around them at all times, trees, shrubs, perennials, and other landscaping elements shall not impede on the 3 foot perimeter over time. Construction vehicles, materials, and workers vehicles must not block existing hydrants at any time. Fire Prevention and Safety Notify the Excelsior Fire District if propane will be used to heat the town homes while they are under construction. Propane tanks and storage must follow NFPA 58 2017 Edition and other affiliated codes and standards. A 4.5-pound fire extinguisher with a current insurance take or proof of purchase in the last 12 months shall be mounted and assessable during construction. Construction site fire extinguisher(s) must have a current inspection tag and be assessable at all times. Only combustible storage related to construction should be allowed on site. Only allow amounts of gasoline, propane, or other fuels related to construction can be stored on site. The dumpster(s) must be placed per the Minnesota State Fire Code Section 304, Combustible Waste Material. Respectfully, Kellie Murphy-Ringate Excelsior Fire District Fire Marshal Shorewood Preliminary Plat and Development Stage PUD Narrative Project Name – Lake Park Villas Applicant – TSML Properties, LLC Address – 24250 Smithtown Road, Shorewood, MN Project Outline TSML Properties, LLC is looking to develop 24250 Smithtown Road, Shorewood, MN alongside 24320 Smithtown Road, Tonka Bay, MN into a new twin home community. These two properties make up 2.58 acres of gross site area for the overall project with a gross site area of 1.46 acres in Shorewood. The overall net developable area for the project is 2.27 acres, of which 1.43 acres are in Shorewood. The current zoning of the property is R-2A, Single/ Two-Family Residential District and is currently being utilized as one single family house . The 2040 Comprehensive Plan has the property guided as R-2B, Single/ Two-Family Residential District. For the project, we are proposing a planned unit development (PUD) with an underlying zoning district for our base development standards of R-2B, Single/ Two family Residential District. Our concept plans have gone through several iterations after discussions with Tonka Bay, Shorewood, and Hennepin County. The project is proposed to have eleven (11) twin home units, with seven (7) units within Shorewood. The pads are approximately 35’ x 67’. We plan to offer association maintained units with the idea of “one level living”. A few of the highlights of the community are: ● The plan requires the current structure at 24250 Smithtown Road to be demolished. ● We plan to conserve as many trees as possible on the east/north side for privacy with plans to plant additional trees (see landscape plan). ● On the border with public works we plan to install a 8’ white vinyl privacy fence and Arborvitae Trees that can grow 20+ ft. tall. All deciduous trees will be 3” caliper in size at time of planting. ● We also plan to instal a 4’ (non engineered) retaining wall that will consist of boulder rocks or concrete blocks ● The entry from Smithtown Road into the private drive is proposed to be reconstructed to 90’ degrees which creates an optimal traffic and safety layout compared to the existing layout. ● We proposed to develop our stormwater filtration basin at the low point of the project and adjacent to Smithtown Road. It will discharge into the only existing public storm sewer in the area. The basin will be sized to meet or exceed the city’s stormwater requirements. Filtration basin will be planted with native grasses and forbs. ● In preliminary discussions with the county staff, they have been in favor of removing the wall and associated easement. Our plan is to completely remove the existing retaining wall and adjust the grades along Smithtown Road to provide a more natural and appropriate streetscape for the neighborhood . ● Each unit shall offer parking for two (2) cars in the garage, and two (2) cars in the driveway. We have proposed additional parking at the start of the project to ensure the neighborhood will have adequate parking. For the proposed community, we are requesting PUD flexibility on the following items: ● A reduction of the front setback along the private drive to go from 35’ to 25’ to the back of the curb. This is a very typical setback for twinhome developments like this and will allow a car to park in the driveway and not hinder the private drive. ● A reduction for the side yard setback between the units from 10’ to 8’ between units 2/3 and 4/5 and 7.5’ between units 6/7. There is adequate space to provide drainage between the units because we have set the high point between the building at the egress wells and directing the stormwater to both the front and rear of the lots.. ● Increased impervious surface from 33% to 42.9% on the shorewood side. We will provide a stormwater system that will compensate for the additional impervious. ● We have attached an exhibit below showing the Shorewood export quantity of 4,500 CY (compacted) We are extremely excited to work with the city of Shorewood to ensure this development brings years of prosperity to the city! 33(.6!405# 2:(.3!405# 39(.2!405# 42(.2!405# 38(.9# 35(.21!405# 8(.2!203# 6(.4# 6(.1# 9(.1# 8(Y9( UJMF XPPE XPPE 4(.1# 24(Y:( 3(.21# DBSQFU 23(9#Y26( DPODSFUF 7(.21#GSBNFE!BU!EFDL DPODSFUF!BU!GVMM 4(.1# 5(.6# 2(.4# XPPE 6(.3!203# XPPE 9(.2!405# :(.9# 5(.1# # 3 . 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( 5 3(.7# 5(.1# XPPE 27(:#Y21(9# 23(.1#5(.1#27(.1# DBSQFU 23(9#Y26( DBSQFU DBSQFU 23(Y24(3# 27(5Y43(:# 27(.9!203# XPPE 32(Y27( 21(.1# :(.9# GSBNFE!BU!EFDL DPODSFUF!BU!GVMM 24(Y:( 2:(.3!405#2:(.3!405# 35(.21!405#35(.21!405# Item 8A City Council Meeting Item Title/Subject: Lake Minnetonka Communications Commission Survey Meeting Date: July 24, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: May 17, 2023 Letter from Jim Lundberg, LMCC Attachments B & C Powerpoint Presentation Background Jim Lundberg, Operations Manager for the LMCC, and Tom Lesser, Shorewood’s representative on the LMCC Board (Council Member Sanschagrin is the 2023 Council Liaison to the LMCC), will present options regarding the future of the LMCC. PEG fees charged to cable subscribers have traditionally funded services provided by the LMCC. As consumers have “cut the cord” and opted to stream content instead, the PEG fee revenue has dropped and is expected to continue to do so and negatively impacting the viability of organizations such as the LMCC. The attached letter from Mr. Lundberg outlines several options for the future funding of the LMCC. They include: 1. Moving to a dual funding model (PEG fees + City contribution of funds) 2. Continue LMCC but sell assets (building) and continue to consider long term solutions. 3. Dissolve LMCC in 2024 Additionally, the letter includes information on the services and functions of the LMCC. There are currently eleven member cities that comprise the LMCC. The projected budget for LMCC in 2024 is $271,873. Shorewood comprises 28.5% of LMCC’s funding, which is estimated to be $77,500 in 2024. A 9% annual decline in revenue is projected due to reductions in cable subscriptions. In the event that LMCC sells its building (option 2), it would require new leased space. One option being considered is to locate in a member city facility. Staff and Mr. Lundberg have discussed the possibility of locating in Shorewood City Hall, most likely in the basement, which would require the City to invest in improvements and recoup them through lease payments. Financial Considerations None at this time but the discussion does have long-term implications for the City’s budget and services. Action Requested 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 Council is asked to discuss and rank its preferences for the three options presented above. LMCC Member City Bene?its Attachment B Administrative/Cable Commission Services: The Lake Minnetonka Communica?ons Commission is an agency formed by a Joint Powers Agreement between area Member Ci?es, whose purpose is to oversee the franchise agreement with the cable operator, currently Mediacom, and to promote awareness and use of community television. The LMCC Commission meets quarterly to hear subscriber reports, handle compliance issues and subscriber complaints. The Commission also advises ci?es on communica?on services that may be available to residents. The Commission and its staff provide the residents with an opportunity to communicate with their area neighbors through the medium of community television. • Manage Franchise Agreement Ensuring Mediacom is following through on Its contractual obliga?ons and taking ac?on by filing non-compliance reports or submi?ng legal documenta?on for non-compliance of the company according to the franchise agreement. • Resolve Subscriber Complaints LMCC files complaints and/or does follow up with non-compliance viola?ons or fines to Mediacom for member ci?es residents. • Audit Franchise and PEG Fees Oversees franchise fee, PEG fee, and LMCC internal audits. Provides this data to all member ci?es. • Right-of-way Information LMCC provides rights-of-way informa?on and legal updates from state and local governments in terms of laws, rules, and regula?ons that may affect cable franchising. • Represents Member Ci?es Represents member ci?es in any opposi?on to state cable franchising. • Manage Disputes LMCC works with city a?orneys or other legal representa?ves from member ci?es to resolve disputes with Mediacom or their subscribers. • Budget Planning and Oversight Staff provides strategic planning and budge?ng services for the LMCC. • Researches and Introduces New Technologies LMCC researches advanced technology applica?ons for the future and long-term viability of community television. This includes streaming video and other technical advances. Non-Member Ci?es do not receive the Franchise Administra?on Func?ons of the LMCC currently administered by the LMCC Execu?ve Director LMCC Member City Survey Attachment A This list of services is designed to provide insight into ac?vi?es member Ci?es would have to take on themselves if the LMCC ceased to exist: Franchise with the Cable Provider a) The LMCC will nego?ate a new franchise agreement on behalf of and in coordina?on with the Member Ci?es and the cable provider in 2024. A?er that, if the LMCC ceased to exist, former Member Ci?es will have to nego?ate directly with the cable provider at their own expense. Field cable complaints from their residents a) Currently, Member City residents who have complaints regarding Mediacom’s services contact the LMCC who then advocates for the residents by submi?ng a formal complaint to Mediacom. Ci?es would have to formally submit complaints to Mediacom’s Government Rela?ons Manager. b) The LMCC currently follows up with Mediacom un?l the resident is sa?sfied. The Ci?es would also need to take on this responsibility. Recording, agenda parsing and posting of government meetings to the city website c) Ci?es would have to hire and train people to record their government mee?ngs. d) Ci?es would need to create/maintain their own recording systems and update them regularly as technologies change. e) Ci?es would have to create a means for residents to view their mee?ngs online i.e.: A YouTube Channel. f) Ci?es would have to agenda parse and link government mee?ngs to their own website. g) Outsource/contract for services. Programming Service h) Ci?es would have to hire and train an individual to create content and program their own channel(s) if they wished to be able to receive PEG funding. i) Recurring Programs at the LMCC Include: Lakeside News, First Responder TV, Talking Points, State of the City Addresses, Community Forums and Public Hearings. Service the Citie’s Audio Visual Systems j) Ci?es would have to maintain their own Audio-Visual systems and find vendors to service these systems when there are issues. 6) Work with vendors to upgrade and/or replace existing Audio-Visual Systems a) As Audio Visual system degrade or changes in technology require a system upgrade, Ci?es will need to work with mul?ple vendors to receive mul?ple bids for upgrades. b) Ci?es will need to create training for people opera?ng their Audio-Visual equipment and update the training as changes to their systems are implemented.