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09-23-19 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 23, 2019 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes from September 5, 2019 Minutes B. City Council Regular Meeting Minutes from September 5, 2019 Minutes C. City Council Special Work Session Meeting Minutes from September 16, 2019 Minutes D. Approval of the Verified Claims List Claims List E. Approve Permanent Appointment of Nelia Criswell City Clerk/HR Memo F. First AT&T Lease Amendment East Tower City Administrator Memo Resolution 19-086 G. Approve Shorewood Community & Event Center Attendant Park/Rec Director Memo H. Approve 2020 LMCC budget City Administrator Memo Resolution 19 –087 I. Authorize Expenditure for Public Works Equipment, Director of Public Works Memo One Mower 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING A. Vacate Drainage and Utility Easement Planning Director Memo Leslie and Barbara Nelson 20820 Radisson Road Resolution 19-088 B. Vacate Maple Avenue Right-of-Way Planning Director Memo City of Shorewood Resolution 19-089 CITY COUNCIL REGULAR MEETING AGENDA – SEPTEMBER 23, 2019 Page 2 5. REPORTS AND PRESENTATIONS 6. PARKS A. Commissioner Hirner Report on September Parks Meeting Minutes B. Freeman Park Skating Rink Discussion Planning Director Memo C. South Shore Park Discussion Planning Director Memo D. Freeman Park South Playground Edge Control Planning Director Memo Resolution 19-090 7. PLANNING A. Report by Commissioner Gault on 09-17-19 Planning Meeting 8. ENGINEERING/PUBLIC WORKS A. Approve Professional Services Agreement for Hydraulic Public Works Director Memo Analysis and Permitting for Mary Lake Outlet, Barr Engineering, Resolution 19-091 City Project 19-09 9. GENERAL/NEW BUSINESS A. Adopt the 2020 Preliminary General Budget and Levy Finance Director Memo Resolution 19-092 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS THURSDAY, SEPTEMBER 5, 2019 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Acting Mayor Siakel called the meeting to order at 6:10 P.M. A. Roll Call Present. Acting Mayor Siakel; Councilmembers Sundberg, Johnson and Labadie (arrived at 6:40 PM); City Administrator Lerud; Director of Public Works Brown; Planning Director Darling. B. Review Agenda Sundberg moved, Johnson seconded, approving the agenda as presented. Motion passed 3/0. 2. ENGINEERING FIRM INTERVIEWS Acting Mayor Siakel said the purpose of the work session this evening was to interview the engineer from WSB. The council interviewed the following individual: Alyson Fauske, WSB Following the interviews, Siakel said she would like to have a discussion about this matter at a meeting when Mayor Zerby is present. Councilmember Sundberg said she would also like to have staff input on the decision as well. Lerud said they will schedule the discussion for a near future work session. 3. ADJOURN Johnson moved, Labadie seconded, to adjourn the meeting. Motion passed 4/0 and the meeting adjourned at 6:46 P.M. ATTEST: Debbie Siakel, Acting Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS THURSDAY, SEPTEMBER 5, 2019 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Acting Mayor Siakel called the meeting to order at 7:00 P.M. A. Roll Call Present. Acting Mayor Siakel; Councilmembers Johnson, Labadie, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and City Engineer Fauske Absent: Mayor Zerby (with prior notice) B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Acting Mayor Siakel reviewed the items on the Consent Agenda. Councilmember Johnson noted that when the Consent Agenda is approved, the Truth-in-Taxation meeting will be held on December 2, 2019 at 7:00 p.m. Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes from August 26, 2019 B. City Council Regular Meeting Minutes from August 26, 2019 C. Approval of the Verified Claims List D. Set Truth-in-Taxation Public Meeting Date, Adopting RESOLUTION NO. 19- 084, “A Resolution Selecting the Truth-in-Taxation Public Meeting Date.” Motion passed 4/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS - NONE CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 5, 2019 Page 2 of 4 6. PARKS - NONE 7. PLANNING - NONE 8. ENGINEERING/PUBLIC WORKS A. Receiving Feasibility Report and Authorize Preparation of Plans and Specifications for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04 City Engineer Fauske gave an overview of the draft feasibility report for the Woodside Road and Woodside Lane project. She explained that the total estimated project cost is $1,371,000 dollars, which is higher than was expected. She explained some of the reasons for the higher project costs. She stated staff is looking for direction from the Council on next steps for this project. Councilmember Johnson asked if watermain was new to this area. City Engineer Fauske stated that this is brand-new watermain service and noted that two open houses have been held with residents. Councilmember Johnson asked if the City had gone through the percentage calculation with enough residents interested in the watermain extension. City Engineer Fauske stated that she did not have the actual figures in front of her but believes that around seventy percent of the people that responded to the survey wanted watermain services. City Administrator Lerud stated that there were also two add-ons to the watermain portion of the project so it will include a connection into Boulder Bridge and an extension into Kathleen Court. He noted that bonding will be required in order to move forward with this project as presented, and the connection into Boulder Bridge will provide a system loop. City Engineer Fauske stated that staff is asking for the Council to receive the feasibility report and authorize going out for bids on the project. Councilmember Sundberg asked if City Administrator Lerud had reviewed this information. City Administrator Lerud stated that he had reviewed the information and while it is a bit higher than expected, the City does need to get started working on the roads, so he finds it acceptable. Councilmember Labadie asked if the proposed timeline was achievable and could really be finished before school starts next year. City Engineer Fauske stated that is the goal, but if there is weather similar to what the City has had this summer, there may be an issue getting it completed as planned. She noted that this schedule will be included in the RFP so the contractor would know what they are agreeing to. Councilmember Labadie stated that Woodside Road will be a very difficult road if there are construction vehicles there at the beginning of the school year. She suggested trying to complete the project earlier in the season so there is no potential issue with the school year. City Engineer Fauske stated that is something that could be considered as staff moves into the final plans. She stated that taking four weeks off of the construction schedule may push the price a bit higher. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 5, 2019 Page 3 of 4 Acting Mayor Siakel asked if there were any large construction projects coming up in this area where there may be large construction vehicles accessing the roads. City Engineer Fauske stated that there are a few projects that she knows of that have indicated that they have construction projects planned. Acting Mayor Siakel stated that she is concerned about possible damage from the larger construction vehicles on the roads. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 19-085, “A Resolution Receiving Feasibility Report and Authorizing Preparation of Plans and Specifications for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04.” Motion passed 4/0. 9. GENERAL/NEW BUSINESS A. Utility Billing Costs/Commissioner Compensation City Administrator Lerud stated that at the last annual Council retreat, the Council discussed transitioning to monthly utility billing and providing a stipend to commissioners. He noted that he had contacted communities in the area and found that none of them provide stipends to their commission members. He stated that moving to monthly utility billing will cost more than four times the cost of the present quarterly billing. He explained that at this point, staff does not recommend moving to monthly utility billing. He said staff is seeing if the utility billing software will allow for a monthly debit on accounts as an option for residents. Councilmember Sundberg asked if any of the Commissioners that serve the City have expressed concerns about not receiving a stipend to help pay for things like childcare. City Administrator Lerud stated that he did not think there had been any concerns raised. He noted that this issue was driven by staff and not by the Commissioners. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Fall Community Shred Event City Administrator Lerud stated that the next community shred event will be held on October 5, 2019 from 9:00 a.m. to 12:00 noon. Other Public Works Director Brown stated that staff and the Council have heard many comments and concerns about water levels on Mary Lake. He stated that staff has met with representatives from the DNR as well as the Minnehaha Creek Watershed District to look at possible solutions. He stated that both entities stated that they will try to assist the City in moving through the permitting process as quickly as possible when the City comes up with the plan to move forward. He stated that after that meeting, he and City Engineer Fauske took a look at a possible route that has not yet been considered along Clover Lane and Gillette Curve that connects to an existing storm sewer system along Wood Duck Circle. He stated that this solution may circumvent some of the land issues that have been discussed in the past. He noted that these roadways do not have a planned road construction project so they are considering directional boring along the entire distance. He stated that they have met with a directional boring firm to talk through some of the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 5, 2019 Page 4 of 4 logistics for this project. He explained the some of the potential complexities surrounding this project. He stated that staff is attempting to try to get this project done yet this year. He asked the Council to keep him informed if they have any questions or concerns as this project moves forward. City Engineer Fauske stated that the City received a high-level schedule from the contractor for the overlay project and work should begin by the end of September. She stated that this information will be included on the City website and sent out to residents that signed up for notification. City Administrator Lerud stated that he is proposing that the Council hold a special work session at Manor Pond on September 16, 2019 at 6:00 p.m. He stated that the Council could also take a look at Mary Lake at 5:30 p.m. prior to meeting at Manor Pond. There was a Consensus of the Council to look at Mary Lake on their own time and not as a group. Johnson moved, Labadie seconded, to hold a Special Council Work Session on September 16, 2019 at 6:00 p.m. at Manor Park. Motion passed 4/0. Mayor and City Council Councilmember Johnson reminded residents that Movie in the Park will be held on Friday, September 6, 2019 and will show the movie, Mary Poppins Returns. 11. ADJOURN Labadie moved, Sundberg seconded, Adjourning the City Council Regular Meeting of September 5, 2019, at 7:33 P.M. Motion passed 4/0. ATTEST: Debbie Siakel, Acting Mayor Sandie Thone, City Clerk 2C CITY OF SHOREWOOD MANOR PARK CITY COUNCIL SPECIAL WORK SESSION MEETING 6:00 P.M. MONDAY, SEPTEMBER 16, 2019 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:03 p.m. A. Roll Call Present: Councilmembers Johnson and Labadie; City Administrator Lerud and Director of Public Works Brown. B. Review Agenda Johnson moved, Labadie seconded, approving the agenda as presented. Motion passed 3/0. 2. MANOR PARK POND REPORT Administrator Lerud said the council met in Manor Park last October and heard the concerns of the residents about the water quality in the Manor Park pond. Following that meeting the city accepted a proposal from Barr Engineering to analyze the pond conditions and prepare recommendations on how to best improve the conditions. He said Barr surveyed and took samples of the pond which culminated in the late August report that was shared with the neighborhood residents. Lerud said Kevin Menken and Jennifer Koehler from Barr Engineering are here tonight to present their findings, recommendations, and answer questions. Kevin Menken, Senior Environmental Engineer at Barr Engineering discussed the types of phosphorus and how they impact the pond. He said that based on the small size of the watershed area, and their Bathymetric survey, he recommended using Alum to control the phosphorous. He said that Alum binds to phosphorous creating a floc that then floats to the bottom of the pond and it is sequestered there. He said Alum is non-toxic and there are many agencies and cities that use Alum to control phosphorous. He said that using it will help improve downstream water quality because the phosphorous will be captured and stored in the Manor Park pond. Menken explained how Alum is applied and said within a day it floats to the bottom of the basin and is not washed out provided it is not applied during a rainstorm. He said it is not toxic to any fish that are in the water, or birds, and the only potential issue would be applying too much Alum which could change the pH of the water, and that could potentially be harmful. He said firms that apply Alum should be making the correct calculations for dosage which would eliminate that issue. There was a question about the fountain that was previously in the pond and if that could be an effective treatment for the phosphorous. Jennifer Koehler, Senior Water Resources Engineer at Barr Engineering said that aeration can be effective if it is done right. If it is not, then it creates a situation where the Alum treatment is less effective because the water is stirring up the phosphorous in the water. Menken said that their recommendation is using the Alum because it is a less expense option that constructing, operating, and maintaining an aeration system. CITY OF SHOREWOOD SPECIAL WORK SESSION COUNCIL MEETING MINUTES SEPTEMBER 16, 2019 Page 2 of 2 Koehler said that once the water clears and the phosphorous is sequestered at the bottom, it is very likely that aquatic plants will appear because sunlight will reach the bottom. She said if there were lily pads in the past, there would likely be lily pads in the future. A resident asked if the Alum would pose a problem to the ground water. She said that most people are on wells in the area. Menken said no. Once the Alum bonds with the phosphorous it becomes non soluble. In addition, he said he recalled in an earlier study, there was clay below the peat, which would prevent much water from going through. Koehler said that Alum is used by some cities in the treatment of water. She said that Minneapolis and St. Paul use Alum to treat their drinking water because they get it from the Mississippi River, and it is non-toxic. There was a question about dredging the pond bottom. Menken said that there is roughly four inches of accumulated sediment at the bottom of the pond, which is on top of native peat. He talked about the difficulty of removing such a small amount, and in doing so, he said, additional phosphorous could be released. He recommended using Alum to improve the water quality. It was reported that one Alum treatment has been done on the pond in August, and one more is scheduled for later this month. Director of Public Works Brown said that the city was working with Lake Restoration to get on a regular maintenance program for the pond starting next year. He said he did not recall the exact cost of the treatment. Mayor Zerby said that he likes the idea of Alum treatment because it is cost effective and it appears it will do a good job cleaning up the water. He suggested that the city take regular water samples as the treatment starts to track the effectiveness of the treatments. 3. ADJOURN Labadie moved, Johnson seconded, to adjourn the meeting. Motion passed 3/0 and the meeting adjourned at 6:50 P.M. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: September 23, 2019 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. 65661  65712 & ACH 726,671.21 Total Claims $726,671.21 We have also included a payroll summary for the payroll period e September 1 & 15, 2019. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide servi budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay t expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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This period shall be used to observe the employee’s work habits and ability to perform the work they are required to do. Background: Earlier this year the city advertised for a part-time Administrative Assistant to assume the role vacated by Twila Grout’s promotion to Park and Recreation Director. In February of this year, along with City Administrator Greg Lerud and Planning Director Marie Darling, we interviewed several candidates for the position. We unanimously agreed to offer the position to Nelia Criswell, determining she would be a good fit to our existing professional and cohesive team. Nelia began her employment on March 13, 2019 reporting to the City Clerk/HR Director but sharing some planning responsibilities as well. On September 11, 2019 it was my pleasure to conduct Nelia’s 6-month performance review. Nelia is a quick study, an enthusiastic learner and has a great sense of humor. She is always professional, gets along well with everyone and has been a perfect fit for our team. She exudes the City’s core values of Respect, Integrity, Communication, Positive Attitude, Team Work, and Responsiveness in all she does. She has exceeded all of our expectations in her work and I am happy to recommend her permanent appointment in the capacity of Administrative Assistant for the City of Shorewood. Financial Considerations: It is recommended that Nelia Criswell’s non-exempt hourly rate be advanced from Grade 3, Step A of $13.71 to Grade 3, Step B of $14.85 of the City of Shorewood’s Compensation Plan at the completion of her 6-month anniversary and upon approval of her permanent appointment. Action Requested: Staff respectfully recommends the city council approve Nelia Criswell’s permanent appointment in the capacity of Administrative Assistant for the City of Shorewood based on her excellent performance to date and her exemplary demonstration of the City’s desired core values and attributes. Motion, second and simple majority vote required. Connection to Vision/Mission : Consistency in providing residents quality public services, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2F Title/Subject: AT & T Lease Amendment for East Tower Meeting Date: September 23, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Tim Keane, City Attorney; Larry Brown, Director of Public REGULAR Works Attachments: Lease amendment and Resolution Background: Earlier this year, AT & T contacted the city about adding an emergency standby generator on the water tower site at 5500 Old Market Road to run their equipment in the event of a power outage. This space would be in addition to the ground space they already lease at the site, so a lease amendment is required. The City Attorney revised the draft sent from AT & T and all parties have verbally agreed to the language in this lease. AT & T is aware of the city’s noise ordinance, and staff will review their submittals for the generator to ensure the generator operates within those limits. Financial or Budget Considerations: The lease calls for a $200 per month increase for this space, and this amount will be incorporated into the base lease amount and subject to the annual increases provided for in original lease agreement. Options: Accept the lease amendment or reject and provide staff direction. Recommended Action: Staff recommends approving the lease as presented by approving the attached Resolution. Next Steps and Timeline: Staff will work with AT & T to process the lease amendment. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 19 – A RESOLUTION GRANTING A FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SHOREWOOD (CITY) AND AT&T WIRELESS SERVICES OF MINNESOTA (LESSEE) FOR PREMISES LOCATED AT 5500 OLD MARKET ROAD WHEREAS , the City and Lessee entered into an Agreement dated May 7, 2002 (hereinafter, the “Agreement”); WHEREAS , the City and Lessee desire to amend and renew said Agreement, as provided and attached hereto as Exhibit A, “First Amendment to Agreement”; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1.The Mayor and Council approve the “First Amendment to Agreement” to the Water Tower Space Lease Agreement by and Between the City of Shorewood and AT&T Wireless Services of Minnesota. rd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of September, 2019. _________________________________ ATTEST: Scott Zerby, Mayor ___________________________________ Sandie Thone, City Clerk Market: RUMW Cell Site Number: MNL01042 Cell Site Name: SHOREWOOD Fixed Asset Number: 10081756 FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT THIS FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT Amendment (“”), dated as of the latter of the signature dates below, is by and between The City of Shorewood, having a mailing address of 5755 Country Club Road, Shorewood, MN 55331 Landlord (“”) and AT&T Wireless Services of Minnesota, INC., d/b/a AT&T Wireless, a Nevada corporation, having a mailing address of 2515 24th Avenue South, Minneapolis, MN 55406 Tenant (“”). WHEREAS, Landlord and Tenant entered into a Water Tower Space Lease Agreement dated May 7, 2002, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 5500 Old Market Rd. Shorewood, MN 55331 Agreement (""); and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to install a generator to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1.New Premises Area. Landlord agrees to amend the area of the Premises leased to Tenant to accommodate Tenant’s needs. Upon the execution of this Amendment, Landlord leases to Tenant the additional premises described on attached Exhibit 1 (“New Premises Area”). Landlord’s execution of this Amendment will signify Landlord’s approval of Exhibit 1-A. The Premises under the Agreement prior to this Amendment in addition to the New Premises Area under this Amendment shall be the Premises under the Agreement. 2.Generator. The generator shall remain property of the Tenant and Tenant shall have the right to install, repair, maintain, modify, remove, utilize and operate (including but not limited to operate as may be required by applicable law) equipment within the New 1 4843-2346-4347.2 Premises Area, including without limitation a concrete pad and generator thereon, including back-up power supply. Should the unit need to be replaced landlord approval shall be required. Tenant shall have the right to access the New Premises Area consistent with provisions in the Water Tower Space Lease Agreement. During periods of operation, the generator shall at all times conform to the Minnesota Pollution Control Agency residential noise area classification standards in Minn. Rules Part 7030. 3.Rent. Commencing the first day of the month following the execution of this Amendment (“Increase Commencement Date”), Rent shall be increased by Two Hundred and No/100 Dollars ($200.00) per month, subject to annual adjustments as provided in the Agreement. 4.Wiring. Tenant shall have the right to install and maintain cables from its equipment within the New Premises Area to its equipment within the compound area of the Premises within spaces and pathways mutually agreed to upon the parties, agreement of Landlord not to be unreasonably withheld, delayed or conditioned on payment of additional consideration. 5.Other. Landlord grants consent to Tenant to prepare, execute and file all required applications to obtain any government approvals for Tenant’s use of the New Premises Area under this Agreement and agrees, at Tenant’s request, to reasonably assist Tenant with such applications and with obtaining and maintaining the government approvals. Within twenty (20) days after termination of this Amendment, Tenant shall remove its equipment and concrete pad from the New Premises Area within such period and cessation of Tenant’s operations at the New Premises Area shall be deemed abandoned. Tenant shall repair any damage to the Landlord’s property caused by its removal activities. In the event Tenant fails to remove all equipment and concrete pad and restore within twenty (20) days, Tenant shall be liable to Landlord for all costs, charges and legal expenses to remove Tenant’s equipment, restore the premises and collect fees and damages. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. If to LANDLORD: City of Shorewood Attn: City Administrator 5755 Country Club Road Shorewood, MN 55331 With a copy to: Kutak Rock LLP Attn: Timothy J. Keane 60 South Sixth Street, Suite 3400 Minneapolis, MN 55402 2 4843-2346-4347.2 3 4843-2346-4347.2 If to TENANT: AT&T Tower Asset Group rd 1025 Lenox Park Blvd., 3 Floor Atlanta, GA 30319 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department 208 S. Akard Street Suite 3050.01 Dallas, TX 75202-4206 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 6.Emergency 911 Service. In the future, without the payment of additional rent and at a location mutually acceptable to Landlord and Tenant, Landlord agrees that Tenant may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. 7.Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any time. 8.Other Terms and Conditions Remain. In the event of any inconsistencies between the Original Lease Agreement, any existing Amendments to the Agreement, and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 9.Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. 4 4843-2346-4347.2 IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Second Amendment to Ground Lease Agreement on the dates set forth below. LANDLORD:TENANT: The City of Shorewood AT&T Wireless Services of Minnesota, INC., d/b/a AT&T Wireless, a Nevada corporation By: AT&T Mobility Corporation By: Its: Manager Print Name: Date: By: Print Name: Its: Date: 5 4843-2346-4347.2 EXHIBIT 1-A DESCRIPTION OF PREMISES Page ___ of ___ to the First Amendment to Option and Structure Lease Agreement dated ________________, 201__, by and between The City of Shorewood, as Landlord, andAT&T Wireless Services of Minnesota, INC., d/b/a AT&T Wireless, a Nevada corporation, as Tenant. The Premises are described and/or depicted as follows: Commonly known as: 5500 Old Market Rd. Shorewood, MN 55331 Lease Area Sketch or Survey: Notes: 1. This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant. 2. Any setback of the Premises from the Property’s boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and mounting positions may vary from what is shown above. 4843-2346-4347.2 STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of 201__, by , the of _______________________________. Notary Seal (Signature of Notary) My Commission Expires: STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of 201__, by , the of AT&T Mobility Corporation. Notary Seal (Signature of Notary) My Commission Expires: 4843-2346-4347.2 Prepared by, and after recording Return to: New Cingular Wireless PCS, LLC rd 1025 Lenox Park Blvd., 3 Floor Atlanta, GA 30319 Attn: Network Real Estate Administration Grantor: The City of Shorewood Grantee: New Cingular Wireless PCS, LLC, a Delaware limited liability company Legal Description: Official legal description attached as Exhibit 1 Cell Site Name & #: MNL01042 Fixed Asset #: 10081756 SHOREWOOD State: MINNESOTA County: Hennepin MEMORANDUM OF FIRST AMENDMENT TO WATER TOWER SPACE LEASE AGREEMENT This Memorandum of First Amendment to Water Tower Space Lease Agreement is entered into on this ____ day of ______________, 201__, by and between The City of Shorewood, having Landlord a mailing address of 5755 Country Club Road, Shorewood, MN 55331 (“”) and AT&T Wireless Services of Minnesota, INC., d/b/a AT&T Wireless, a Nevada corporation, having a Tenant mailing address of 1025 Lenox Park Blvd., 3rd Floor Atlanta, GA 30319 (“”). 1.Landlord and Tenant entered into a certain Water Tower Space Lease Agreement Agreement (“”) on the 7th day of May, 2002, for the purpose of installing, operating and maintaining a communications facility and other improvements. A Memorandum of Lease reflecting the Agreement was recorded in the public records of as noted above. 2. Landlord agrees to increase the size of the Premises to accommodate additional cabinets and additional antennas. Landlord leases to Tenant the Premises as more completely Exhibit 1-AExhibit 1-AExhibit 1-A described on attached . hereby replaces to the Agreement. 4843-2346-4347.2 IN WITNESS WHEREOF , the parties have executed this Memorandum of First Amendment to Option and Structure Lease as of the day and year first above written. LANDLORD:TENANT: The City of Shorewood AT&T Wireless Services of Minnesota, INC., d/b/a AT&T Wireless, a Nevada corporation By: AT&T Mobility Corporation By: Its: Manager Print Name: Date: By: Print Name: Its: Date: Prepared by: John W. Bumpus General Dynamics Wireless Services 821 Ulrich Ave. Louisville, KY. 40219 502-245-3220 4843-2346-4347.2 EXHIBIT 1 DESCRIPTION OF PREMISES Page ___ of ___ to the First Amendment to Option and Structure Lease Agreement dated ________________, 201__, by and between The City of Shorewood, as Landlord, andNew Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Premises are described and/or depicted as follows: Commonly known as: 5500 Old Market Rd. Shorewood, MN 55331 Lease Area Sketch or Survey: 4843-2346-4347.2 # ITEM 2G City of Shorewood Council Meeting Item MEETING TYPE Regular Meeting Title / Subject: Shorewood Community and Event Center Attendant Meeting Date: Monday, September 23, 2019 Prepared by: Twila Grout, Park & Rec Director Reviewed by: Sandie Thone, City Clerk/HR Director Background: Elgah Trask submitted a job application back in May for the Shorewood Community and Event Center Attendant. Due to one attendant not being able to work as much because of her new full- time job, staff contacted Elgah to see if she was still interested in the position and interviewed her on th Friday, September 6. Elgah would be a good asset to the center with her experience in working with the public. Staff recommends extending a conditional offer of employment to Elgah Trask as a part-time Shorewood Community and Event Center Attendant at the rate of $10.75 per hour, pursuant to a successful background check. Elgah will serve a six-month probationary period and be subject to all other conditions of employment determined by the city’s personnel policy. Financial or Budget Considerations: No impact on budget is expected. Recommendation / Action Requested: Staff recommends the city council consider the appointment of Elgah Trask as part-time Shorewood Community and Event Center Attendant. Connection to Vision/Mission: Consistency in providing residents with quality public services and a variety of attractive amenities. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2H Title/Subject: LMCC 2020 Budget Meeting Date: September 23, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Regular Attachments: Cover letter from LMCC Executive Director and 2020 budget, Resolution Attached please find a cover memo from Jim Lundberg, Operations Manager of the Lake Minnetonka Communications Commission (LMCC) along with proposed 2020 operating budget th and five-year capital plan. This budget was approved at the August 8 Commission meeting. Council Action As a member of the LMCC JPA, the City Council is required to annually approve the budget. Staff recommends approval of the attached Resolution which will approve the LMCC Budget as proposed and presented. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 19 - A RESOLUTION APPROVING THE PROPOSED 2020 LAKE MINNETONKA COMMUNICATIONS COMMISSION BUDGET WHEREAS , the City of Shorewood (“City”) is a member of the Lake Minnetonka Communications Commission (“LMCC”); and WHEREAS , the Joint Powers Agreement governing the LMCC requires that an annual budget be proposed and that it shall be adopted unless rejected by a majority of members within 45 days; and WHEREAS , the City Council has reviewed the proposed 2020 LMCC Budget. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the 2020 LMCC budget. rd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of September, 2019. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk #4A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Interior Drainage and Utility Easement — Request for Vacation Meeting Date: September 23, 2019 Prepared by: Marie Darling, Planning Director Applicants: Leslie and Barbara Nelson Location: 20820 Radisson Road Attachments: Applicant's Request Location Map Tingewood Plat Auditors Subd. 175 Exhibit Indicating Easement to the Vacated Resolution Background: The subject easement was originally acquired in 1983 as part of the Tingewood Subdivision. (Attached plat and shown approximately to the right.) With this plat, standard 10 -foot drainage and utility easements were dedicated along the Lot 11 property lines. At some point after the plat was recorded, Lot 11 was consolidated with Lot 9 of Auditor's Subdivision No. 175. The easement along the south side of Lot 11 was never vacated. During a recent title search for a property sale, the title company identified that the home was constructed over the 10 -foot easement. The vacation would allow the property to be sold with a clear title. Issues concerning the vacation: The applicants have submitted a utility search of the easement and found only their own telephone service was located within. Private utility services serving only one home are not required to be located within public easements. Staff recommend the applicants provide a standard drainage easement around the periphery of the southern half of the property, which were not dedicated as part of the 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:1PlnminaSlemune Pilo.App1icatim'2019C.0 Vacanou DL R i,ssc,,Rd CAL 1909_ ±d - Auditor's Subdivision No 175. The applicants have submitted the necessary legal descriptions for the new easement. Financial or Budget Considerations: The application fees cover the cost of processing the request. Options /Recommendation / Action Requested: As there are no public utilities or utilities serving more than one property, staff recommends that the attached resolution approving the vacation be adopted, with the condition that the applicants record a new drainage and utility easement around the property lines of the southerly portion of the property. Next Steps and Timelines: Staff would release the certified vacation resolution and the proposed easement to the applicant for recording at Hennepin County. July 29, 2019 Marie Darling, Planning Director City of Shorewood Dear Marie, We, the sellers of 20820 Radisson Rd, request that the drainage and utility easements attached to this property be vacated ASAP. Attached is a check for $300.00 made payable to the City of Shorewood as required by the city for this request to be implemented. The copy of the survey indicating the drainage and utility easements will be forth coming from the buyer Mark Williams. Please contact us if any further information is required from us. Thank you, 9�, Leslie and Barbara Nelson 20820 Radisson Rd Excelsior, Mn 55331 952 -681 -1946 Les' cell RECEIVED JUL 2 9 2019 CITY OF SHOR = Location Nap Hennepin County Property Map Date: 9/16/2019 tiIs, It T �x3 0 i4� t`srr' �. C,• c� i* ? Seta C yv N �Y (f Sy, -td(ssnn Ra � 7 a, t, c 3? r i� r E PARCEL ID: 3511723110083 OWNER NAME: L W & B J Nelson PARCEL ADDRESS: 20820 Radisson Rd, Shorewood MN 55331 PARCEL AREA: 0.89 acres, 38,893 sq ft A -T -B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2018, PAYABLE 2019 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $410,000 TAX TOTAL. $5,562.32 ASSESSED 2019, PAYABLE 2020 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $387,000 t�`tiay f 1 inch = 400 feet Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes Hennepin County shall not be liable for any damage. injury or loss resulting from this data COPYRIGHT © HENNEPIN COUNTY 2019 � m U ui O) Z In U N W UJ b - c, ►_ ir w m W w 94, �— —� Fy— PF 'i O i It`b Dy, ro H� "�eio �' -� \I.• v ;^ r` � . ° O 2 ` , (' o Na V s / Iz ` °4 \�¢t! �? f 4op.inPq)G/}5' k �fi ON H]t1d3J %3 aaw^rp ,n I 9 ems` '% .wA ',�yy^ Ii y i �• 'fry. � 1 1I (\�� L ` �: uro'J (� •c �y�i\ \o -"i �I 14 I'; ��c P 3 `G._, +��••) cP)l°a'!N � L y G'•°r \ Aye I• I_e` CL °9 A r9P)P w`!J� I J C •w f•4 w.�v � 1 vP)p [ivy ea�l� I I� "•; � °6oz„^ � � \ I• 'b, "g le el I 'T 4 yI ¢ a � « ��.1m°1410 6 A. , o a v r, m w' 2 0 w N AUDITORS SUBDIVISION I hr ra by crri +/y that in o area nrr w�rh 3a<hen 11 /q. Choahr // Gr nr ray 3iol✓tra of iy1 J, nd rdo w+th Oh, order of fhe County Auditor of Ha nna p +n County MrnnraOJn /hour plOtred e/he follow mq des rrrD<d land in thr County of Hrnnr pin one Siatr of M+nneaote, Tow . Lot 19e, of Audi/ori Subd.v�sirn Hum br• On. Hu.+drrd and Twenty. Hannap— County, M+nnaaela, the/ thr plat enth+s ahrat ra o eo.-ra<f delinao- fien of so+d pialhnq, to br knownoa Audrlorb Subd.riaion Humber 173; one that tnr demrnaionf of all rob ory ¢hewn by f /qurra danotmq feet and errrrnnla n!o (oaf unty 3u�vayor nannep+n County, Minnraota A/ P fr.<kaen. County Aud+br of Hannep+n County, M+nneaeb h <rr by ca�hfy Jhet / ho va no li fad /he o of the /nnd described in iha fore go.nq County 5urrr yors Cast. t: co/r, to piol the s end o raosen ob /s { /me hn�,ny alopaad fha sr�wer of Jo.d Hobe¢, and so+cl ownara of —e /and hor+hq fo•/rd Io comply w+th aa+d not +ce and rvqurai, fho sad soma Jo ba p/a /h[d .n o rdo nca wi /h the p /al on th" ahrrt, and a cute ba known os AUDI TOP 3. 5VBD/V13/0H HUMBEP 176, County, M+nneaota Dofrd County Aud,tor Hannapin County, M+nneaolo QP I NUMBER 175 Sco/e ho •BOft Comp+ha o ay NKI ABBOTT& HANK 1fY5 C , rr £Her ))I n� nr Prn R�r<n <m n,nrxeps / +� .nn �fa a +if u.z J(P I I 1 I 1 I I 1 Auditors Subdivision Number 175 i k L V EASEMENT EXHIBIT Basis for bearings is assumed SCALE 1" = 50' EAST 0.59 Proposed Drainage & Utility Easement Most South line of Lot l PROPERTY DESCRIPTION: / Existing Drainage f Utility Eo3ement —l' I----------------- - - - - -- I I I I I `t I Shed C6 I / /0 /O1 , O U) / r1 I � I 3 1 U I I I P r- 00 w Cl) N to O O U) EAST Parcel 1: Lot 11, Block 1, Tingewood, except that part thereof lying Northerly of a line drawn Westerly at right angles to the most Easterly line of said Lot 11 from a point thereon distant 100 feet Northerly of the most Easterly Southeast comer of said Lot 11. Parcel 2: Lot 9 in Auditor's Subdivision No. 175, Hennepin County, Minnesota. That part of Lot 11, Block 1, Tingewood, lying Northerly of a line drawn Westerly at right angles to the most Easterly line of said Lot 11 from a point thereon distant 100 feet Northerly of the most Easterly Southeast corner of said Lot 11. EASEMENT VACATION DESCRIPTION: --- 133.00 -- i I N I / � I I Portion of I Easement to o be vacated I CO (hatched area) �% :�, C14 �� • I 0 ` I 10 ;Proposed Drainage & Utility Easement 1 I I I J LO I �� 101 I ,�1 6 To vacate that part of the drainage and utility easement as donated and dedicated on Lot 11, Block 1, Tingewood, Hennepin County, Minnesota which lies South of a line drawn parallel to and 111.70 feet South of the north line of said Lot 11, also that part of the 10.00 foot wide easement which lies adjacent to and north of said parallel line, except the east and west 10.00 feet thereof. PROPOSED DRAINAGE AND UTILITY EASEMENT DESCRIPTION: Easement for drainage and utility purposes over, under and across the west 10.00 feet of that part Lot 11, Block 1, Tingewood, Hennepin County, Minnesota which lies South of a line drawn parallel to and 111.70 feet South of the north line of said Lot 11 together with that part of Lot 9, Auditor's Subdivision No. 175, Hennepin County, Minnesota being the West, Southwesterly, Easterly and East 10.00 feet of said Lot 9, except the West 10.00 feet which ties South of the North line of said Lot 9 and North of the most south 10.00 feet of said Lot 1 1 and its Easterly extension. PREPARED BY DEMARC LANG SURVEYING 6 ENGINEERING 7601 73rd Avenue North (763) 560-3093 Minneapolis, Minnesota 55426 Demarcinc.com CITY OF SHOREWOOD RESOLUTION 19- A RESOLUTION APPROVING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR 20820 RADISSON ROAD WHEREAS, Barbara J. Nelson and Leslie Nelson, wife and husband, (the "Applicants ") are the owners of 20820 Radisson Road and they submitted a petition on July 29, 2019 requesting the vacation of an easement in the middle of their property; and, WHEREAS, the property is legally described as: Parcel 1: Lot 11, Block 1, Tingewood, except that part thereof lying northerly of a line drawn westerly at right angles to the most easterly line of said Lot 11 from a point thereon distance 100 feet northerly of the most easterly southeast corner of said Lot 11. And, Parcel 2: Lot 9 in Auditor's subdivision No. 175, Hennepin County, Minnesota with that part of Lot 11, Block 1, Tingewood, lying northerly of a line drawn westerly at right angles to the most easterly line of said Lot 11 from a point thereon distant 100 feet northerly of the most easterly southeast corner of said Lot 11; and, WHEREAS, notice of public hearing on the proposed vacation of the easement for drainage and utility purposes in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior /Shorewood edition of the SUN SAILOR NEWSPAPER on the 5th and 12th days of September, 2019; and, WHEREAS, said notice of public hearing was posted on the city's website and at the Shorewood City Hall; WHEREAS, the Applicants are required to record an easement to dedicate the standard 10 -foot drainage and utility easement around the west, south and east sides of Lot 9, auditor's subdivision; and, WHEREAS, the City of Shorewood City Council heard all interested parties on the question of vacation at a public hearing on the 23rd day of September, 2019, in the Council Chambers at the City Hall. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota hereby vacates the easement graphically shown in Exhibit A and legally described as: That part of the drainage and utility easement as donated and dedicated on Lot 11, block 1, Tingewood, Hennepin County, Minnesota which lies south of a line drawn parallel to and 111.70 feet south of the north line of said Lot 11, also that part of the 10.00 foot wide easement which lies adjacent to and north of said parallel line, except the east and west 10.00 feet thereof. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Clerk is directed to release this resolution for recording at the Hennepin County in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of September, 2019. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk Exhibit A: Basis for bearings is assumed EASEMENT EXHIBIT Tit's to, Gp M. SCALE I"- NT tn;a j EAST p,59 Proposed L)rai nage & Utility Easemignt ;rJ Wtft —qmth PROPERTY I)MR11MON: Parcel 1: Lot 11, Block 1, TuWwoDd, except that part tticrooflying Northerly of a tine drawn Westerly at right angles to the most Easterly line of staid 1.4t 11 from a lxWint thereon dk�Wt 100 feet Northerly of the trusl Fasterly$outhvwl comer of said Lot 11. panxl 2; Lot 9 in -kudftoA Subdivision No, 175, lictincOn County. mitiresom Thu port of Lot 11, Block 1, Tingewood,, tying Northerly of a line dravm Westerly at tight an&p ui the ft"t ruwrly line of sInd "I 11 ftom a Point thereon distant 101) feet Northerly of the most Easterly Southeast comer of said Lot 11. EASEMENT VACATION DESCRIPTION: To vaicate, that part of the, drainage and utility casement as donated and dedicated on Lot 11, Block 1, TingewoW, Hennepin County, Minnesm which ties South of a line drawn parallel to and It 1.70 feet South of the north line of said Lot 11, also that part orate 10.00 foot wide easement which [its adjacent to and north of said parallel lino, except the cm and west 10.00 feet thereof. PROPOSED DRAINAGE AND UTILITY EASEWNT DESCRE"ION: Fascmerit for drainage and utility purposes over, under and acnx9s the west 10.(X) feel of that part Lot 11, Block 1, Tingewm-A, Hennepin County, Minn,—�rota which lies South of a line drawn parallel to and 111.70 feet South Gf the north tine of said Lot I I together with that part of Lot 9, Auditor's Subdivision W t 75, Hennepin County, Minnesota being the West, SmbN%,cs%,dy, Easterly and East 10,00 feet of said Lot 9, except the Wcat 10.00 fiuA which lies South of the North tine of said Lot 9 and North of the most south 10.00 fact of said Lot 11 and its Easterly "tension. Pit EPARW BY DEMARC LAND SURVEYING ri ENGINEERING 7W 731d AlbNo Well 0" ul�nftmK wo-ftxm -s%m Dwr4n*wew% -J po'tk. of Eas6me1w to be vac&ad hake w grow "IT 10 PMPOS.,d .96 & UtWy Easeyrwnt 10 �ajb ';5 To vaicate, that part of the, drainage and utility casement as donated and dedicated on Lot 11, Block 1, TingewoW, Hennepin County, Minnesm which ties South of a line drawn parallel to and It 1.70 feet South of the north line of said Lot 11, also that part orate 10.00 foot wide easement which [its adjacent to and north of said parallel lino, except the cm and west 10.00 feet thereof. PROPOSED DRAINAGE AND UTILITY EASEWNT DESCRE"ION: Fascmerit for drainage and utility purposes over, under and acnx9s the west 10.(X) feel of that part Lot 11, Block 1, Tingewm-A, Hennepin County, Minn,—�rota which lies South of a line drawn parallel to and 111.70 feet South Gf the north tine of said Lot I I together with that part of Lot 9, Auditor's Subdivision W t 75, Hennepin County, Minnesota being the West, SmbN%,cs%,dy, Easterly and East 10,00 feet of said Lot 9, except the Wcat 10.00 fiuA which lies South of the North tine of said Lot 9 and North of the most south 10.00 fact of said Lot 11 and its Easterly "tension. Pit EPARW BY DEMARC LAND SURVEYING ri ENGINEERING 7W 731d AlbNo Well 0" ul�nftmK wo-ftxm -s%m Dwr4n*wew% CITY OF SHOREWOOD RESOLUTION 19- A RESOLUTION APPROVING THE VACATION OF A PORTION OF MAPLE AVENUE WHEREAS ,The City of Shorewood has proposed the vacation of a portion of Maple Avenue between Church Road and Strawberry Lane; and, WHEREAS , the City of Shorewood initiated the vacation process on August 26, 2019 by adopting Resolution 19-083, “A Resolution Initiating the Vacation Process for Maple Avenue”; and, WHEREAS , notice of public hearing on the proposed vacation of the right-of-way for Maple Avenue in the City of Shorewood, Hennepin County, Minnesota, was published in .thth the Excelsior/Shorewood edition of the SUNSAILOR NEWSPAPER on the 5 and 12 days of September, 2019 and within the LAKESHORE WEEKLY NEWSPAPER on the thth 7 and 14 days of September, 2019; and, WHEREAS , said notice of public hearing was sent to all affected property owners and posted on the city’s website and at the Shorewood City Hall; WHEREAS , the Applicants are required to record an easement to dedicate the standard 10-foot drainage and utility easement around the west, south and east sides of Lot 9, auditor’s subdivision; and, WHEREAS , the City of Shorewood City Council heard all interested parties on the rd question of vacation at a public hearing on the 23 day of September, 2019, in the Council Chambers at the City Hall. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota hereby vacates the right-of-way and reserves a perpetual drainage and utility easement in favor of the City of Shorewood over the entirety of the portion of vacated Maple Avenue, legally described as: That part of Maple Avenue as shown on the plat of Minnewashta, as is on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies easterly of a line drawn parallel with and distant 20.00 feet east of the northerly extension of the west line of Lot 34, said Minnewashta, and westerly of the southerly extension of the easterly line of Lot 3, Block 1, John Pastuck Addition, as is on file and of record in the office of the County Recorder, Hennepin County, Minnesota. FURTHER, that the City of Shorewoodhereby reserves a perpetual drainage and utility easement in favor of the City of Shorewood over the entirety of the vacated Maple Avenue. NOW THEREFOREBE IT FURTHER RESOLVED , that the City Clerk is directed to release this resolution for recording at Hennepin County in accordance with Minnesota Statutes. rd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of September, 2019. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, SEPTEMBER 10, 2019 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 7:00 p.m. A. Roll Call Present: Chair Mangold, Commissioners Vassar, Rock, Gallivan, and ; HirnerCity Council Liaison Labadie; Park and Recreation Director Grout; Planning Director Darling Absent: None B. Review Agenda Rock moved to approve the agenda as written. Hirner seconded the motion. Motion carried 5-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes from August 13, 2019 Vassar moved to approve the minutes of the August 13, 2019 meeting as written. Gallivan seconded the motion. Motion carried 5-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. Determine Status of Southshore Park Chair Mangold gave a brief history of the Southshore Park property. He stated that after the park tours this summer, one of the options to consider was the possibility of selling the land. Planning Director Darling stated that the land was received as a turnback from MNDot and they have told the City that there are no restrictions for the City to sell the property. She stated that the City Attorney will do some title work to make sure that there isn’t anything that was missed, but it looks as though selling the property will be a viable option for the City to consider. Chair Mangold asked for an estimate of what the land would be worth. Planning Director Darling stated that she doesn’t know but would guess that if the City decides to move forward and pursue selling the land, an appraisal would be the next step in the process. Commissioner Vassar asked how much land there was on this parcel. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 10, 2019 6 PAGE 2 OF Planning Director Darling stated that it is a bit under 3 acres. Commissioner Vassar stated that she would like to have more information on what this land could be sold for and how it could be used. Commissioner Rock asked if the City should inform the area community before it is sold. He asked if the City would have control over who they would sell it to and what the land would be used for. Commissioner Gallivan stated that after taking the park tour, he would like to continue down the path to look at selling the land. Chair Mangold asked if the Council was aware that this option was being considered. Planning Director Darling stated that it has not been formally presented to the Council for discussion, but was mentioned at one of the recent meetings. Chair Mangold asked what the due process of this will be and whether it should involve public engagement. Planning Director Darling stated that she does not think the process would require a public hearing, but would require a public meeting. Commissioner Vassar asked if the Park Commission would have some sort of say in who the land could be sold to or if the process would be entirely up to the Council. Planning Director Darling stated that decision would be up to the Council. Commissioner Rock asked if any thought had been given to whether the City needed any additional land for anything like a maintenance facility. Planning Director Darling stated that the Public Works site is adequate for the City’s needs but noted that some cities have dirt storage piles or something similar. She stated that she does not think the City will need another area for that type of usage. She noted that if Public Works or any other area of the City was in need of this land, she believes that they would have spoken up by now. Mangold moved to direct staff to move forward with the process to clean up the parcel lines and get an appraisal of the land at Southshore Park for a possible sale and present the concept to the Council for their feedback. Hirner seconded the motion. Motion carried 5-0. B. Rink Plan and Attendant Pay Scale Planning Director Darling stated that Park and Recreation Director Grout had done a lot of the research into pay scales at other rinks. She explained that the City is already on the higher side of the pay scale once the incentives are factored into the equation. She stated that staff is proposing the idea of a bonus, such as $20 per shift for Friday or Saturday evenings in order to PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 10, 2019 6 PAGE 3 OF attract employees. She stated that they would also like to target notice of the positions to the neighborhoods in an attempt to attract adults and retirees for the position and not just students. Commissioner Vassar stated that she thinks the bonus idea is great and thinks it may also bring in more adults as potential employees. Park and Recreation Director Grout noted that last year most of the applications came from hockey players, so Friday nights and weekend nights they were unable to work because they had games. Commissioner Gallivan asked what kind of effect the proposed bonus system will have on the budget. Planning Director Darling stated that it will be $40/week more for each rink, but the length of the season varies based on weather. Rock moved to recommend approval of the bonus pay plan for the hockey rinks for the 2019 season as presented by staff. Vassar seconded the motion. Motion carried 5-0. Planning Director Darling stated that she would also like the Park Commission to discuss whether or not the City should have 3 hockey rinks. She gave an overview of the total estimated costs of opening, maintaining, closing and staffing each rink. Chair Mangold asked if staff was asking them to consider closing the rink at Freeman Park. Planning Director Darling stated that was what staff is asking because if you look at usage numbers, the Freeman rink was the least used over the last 2 years. She noted that overall usage of the rinks has been decreasing and noted that the variability of the weather has been a factor but a second sheet of ice has also been opened up at Minnetonka High School. Chair Mangold stated that he thinks that the rink at Freeman did not end up being what the Commission had originally planned which he thinks may be part of the issue. He stated that he would support not having ice for this upcoming season, but does not think he would support that decision being forever. He stated that he thinks the layout needs more discussion because Eddy Station is already in place although it has been adapted for various uses without winter use in mind. Commissioner Hirner asked what else Freeman Park is used for during the winter months. Chair Mangold stated that it is only used for Artic Fever because the City doesn’t plow any of the trails. He stated that his fear is that the Commission will decide not to have ice this year and then forget to address the issue again. He stated that it was a long road to try to get ice at Freeman Park and doesn’t want the Commission to forget this. He stated that, as it stands, ice is not working there, but thinks there may be a simple solution that could help, but not for this season. Commissioner Gallivan suggested that staff make sure that this is added as an agenda item sometime this winter so there can be some discussion and planning on ways to get ice back at Freeman Park. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 10, 2019 6 PAGE 4 OF Rock moved to recommend discontinuation of ice at Freeman Park for the 2019-2020 season and bring it back to a future meeting to discuss a long-term plan to get it back. Gallivan seconded. Motion carried 5-0. C. Discussion on the CIP Planning Director Darling noted that staff has attempted to double the amount of funds that are coming into the Park Commission budget in order to get some of the more important items completed by 2025. She stated that staff is looking to see what the Commission feels are priorities so the City can start to organize and plan for the projects. She noted that staff is recommending splitting the projects into early priority meaning they would be completed in 2020-2022 and later priority meaning they would be completed in 2023-2025. She stated that there could also be a future priority category for projects that the Commission would like to see done beyond 2026. Chair Mangold stated that it appears as though the current CIP is different than when the Commission last saw it. Planning Director Darling explained some of the changes that had been made and suggested that the Commission throw out the past allocations and talk about what the different priorities are within each of the parks so the Commission can look at what projects can be realistically completed. Commissioner Hirner stated that in his opinion, the Southshore Park should be lower on the priority list until more information is received about a possible sale of this land. Chair Mangold stated that he doesn’t like Planning Director Darling’s suggestion because from his perspective, the Commission’s goal was to look at what they can do within the next 2 years and then look at what needed to be funded for future projects. He stated that it feels like the Commission has been stuck because of Badger Park and has given up on the long-term planning and is just trying to priority plan for the next 2 years. Planning Director Darling explained that the thought process is for the early and later priority projects to be the ones that can be completed with the $650,000 that is likely to be available through the year 2026. Chair Mangold stated that in his opinion, the Commission has been stuck because things have been so underfunded in the short-term that the long-term planning has been lost. He stated that he is happy that the funding has been increased, but noted that it still feels like the Commission is chasing something because there are already things that have been rated as high priority that are getting pushed out because of funding. He stated that the Commission has set the CIP based on what they feel the priorities are, such as the tennis court at Badger Park, but that has been moved around by staff to something completely different. Commissioner Gallivan stated that it appears as though there are a bunch of big-ticket items within a 4- or 5-year window. He asked if the City is in a situation where everything is coming due for replacement at the same time. Chair Mangold stated that historically, for the last 10 years or so, the Commission has had a budget of $42,000/year. He noted that many of the projects have been completed through grant funding, but noted that City Administrator Lerud stated in his staff report that counting on grant monies is not a sustainable option for the City. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 10, 2019 6 PAGE 5 OF Planning Director Darling noted that there had also been two large influxes in park dedication fees from the Minnetonka Country Club and Shorewood Landings. Chair Mangold noted that he thinks most of those funds have ended up being spent in Badger Park. The Commission discussed the priorities for each park as presented in the staff report. The Commission discussed the importance of not falling behind on maintenance and making sure that remains a priority at each park. Chair Mangold asked that staff continue to maintain the life cycle of the equipment at each park so there is an ongoing idea of the expected life and when they will need to be replaced. The Commission determined that their top priority is the tennis courts at Badger Park. Commissioner Rock stated that he would like to see a park to be completed top to bottom, so instead of having individual portions or pieces of equipment on a maintenance schedule, the entire park could be on that schedule. Commissioner Gallivan suggested the City put an annual line item for hockey board repair and maintenance into the budget if the replacement is pushed off for 5 years or more. Chair Mangold stated that is something that is outside of the purview of the CIP plan through the Commission. Planning Director Darling noted that there is a repair line item that is under the umbrella of the Public Works budget. The Commissioner determined their second priority is the playground at Cathcart in order to complete the park, and the third would be the trails at Freeman Park. Mangold moved to recommend to the Council that the top priorities for the CIP are in the following order: tennis courts at Badger Park, playground equipment at Cathcart Park, and trails at Freeman Park. Gallivan seconded the motion. Motion carried 5-0. Planning Director Darling stated that she will come up with a tentative priority for the later priority items for the Commission to discuss at the next meeting. Chair Mangold reiterated that in conjunction with the CIP needs to be a list of the life expectancy of the playground equipment. 5. OLD BUSINESS A. Review Park Tours Chair Mangold stated that he would like to give a big thumbs up to the Public Works Department because overall, he thinks the parks were in good condition. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 10, 2019 6 PAGE 6 OF Planning Director Darling updated the Commission and stated that there was a drainage issue at Freeman Park between two of the ballfields. She explained that Public Works had repaired it, but it blew out again, so she had added it into the CIP because it may need a more extensive repair than originally thought. Commissioner Hirner asked about the bathroom/port-a-potty location at Silverwood. Park and Recreation Director Grout stated that she has not heard anything but will check with Public Works. Commissioner Gallivan stated that the Commission had also talked about installing a bollard so trucks cannot backup onto the basketball court and that has not been put in yet. Chair Mangold stated that because of the weather, the Commission wasn’t able to get to Gideon Glen, but asked everyone to take time to head over there and check out the park. B. Painting of the Cathcart Hockey Boards Park and Recreation Director Grout stated that so far, there are 8 volunteers who have signed up to help paint the hockey boards. Planning Director Darling noted that there is a sign-up sheet on the website and encouraged people to sign up to help. She stated there will be food brought in for lunch for the volunteers. 6. STAFF AND LIAISON REPORTS / UPDATES A. City Council Planning Director Darling gave an overview of the Council meetings from August 26, 2019 and September 5, 2019 as reflected in the minutes. B. Staff Planning Director Darling stated that the playground equipment for Freeman Park was delivered last week and demolition should be completed in the next few days, if the weather cooperates. Park and Recreation Director Grout stated that the City has gotten one estimate to replace some of the timbers and removing the necessary materials at Freeman Park. She stated that she believes there is at least one other quote that will come in. She noted that Movie in the Park was held this past Friday night and about 100 people participated. She explained that she had gotten some feedback that parents would like there to be an option for movies for older kids at future events. She stated that one idea brought up by staff was to show E.T. because that could get adults and all ages interested. 7. ADJOURN Hirner moved to adjourn the Park Commission Meeting of September 10, 2019 at 8:32 p.m. Gallivan seconded the motion. Motion carried 5-0. # ITEM 6B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Freeman Park Rink and Rink Attendants Discussion Meeting Date: Monday, September 23, 2019 Prepared by: Marie Darling, Planning Director and Twila Grout, Parks and Recreation Director Attachments: Parks Commission Report from September 10, 2019 Background: This is a two-part report on both the rink attendant pay and a discussion of whether or not to open the ice rink at Freeman Park this year. See the attached Parks Commission report for more background on these issues. Rink Attendants: Last season staff had a limited number of rink attendants in general and none willing to work on Friday and Saturday evenings, due to conflicts with hockey and other jobs. As a result, Freeman Park warming house wasn’t open last season at all and the other warming houses were closed on Friday and Saturday nights. Because of the lack of rink attendants, the Park Commission has been reviewing pay scales of other cities’ rinks to compare Shorewood’s pay with the surrounding communities. The City is on the higher side of the pay scale once incentives are th factored in. At their September 10 meeting, the Park Commission recommended approval of bonus pay for Friday and Saturday nights during the 2019 season. The bonus would be $20 per shift for Friday or Saturday evenings. The Park Commission is hoping with this bonus the position will attract not just students, but neighbors and retirees. Freeman Ice Rink: The Park Commissioners also discussed whether to have Freeman Park rink open for the 2019/2020 season. Staff has heard that Eddy Station is not functional as a warming house because the rink is not visible from the warming house, upgrades are needed to add new windows to see the rink or cameras, more mats to the ice and additional outlets are needed. The Park Commission looked at the above issues, the costs associated with keeping a rink open and rink usage for the past two years and recommended not to open the rink for the upcoming season. They asked that staff bring this item back to a future meeting to discuss a long-term plan for an ice rink at Freeman Park. Financial or Budget Considerations: The cost of the rink attendants would increase for the approximately four to six weekends the warming houses are open. The savings 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:\Parks\Council Staff reports\2019\190923\Ice rink.doc from not opening the Freeman Park ice rink, anticipated at about $18,000 to open, maintain and close the rink for a season would more than off-set the increase. Recommendation / Action Requested: Staff and the Parks Commission recommends the City Council consider: 1) the $20 per shift bonus for Friday and Saturday evenings for the 2019/2020 rink season and 2) keeping the Freeman Park ice rink closed this year. 4B CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us __________________ To: Parks Commission From: Marie Darling, Planning Director and Twila Grout, Park & Rec Director Reviewed By: Larry Brown, Public Works Director and Greg Lerud, City Administrator Meeting Date: September 10, 2019 Re: Attendant Pay Scale and the Future of Three Ice Rinks th At the March 12 Park meeting, the Park Commissioners directed staff to look into pay scales compared to other cities and consider adjusting the pay scale for warming house attendants. Staff finds that the City’s pay rate is very consistent with other cities, see table below. City Pay Incentives Other Info Shorewood $10.00/hr. $1.00 per hour worked Pay increases by $.25 per hour per year for returning employees Tonka Bay $10.00/hr. No Pay increased to $10 in 2019 Minnetonka $10.50 No Some move to $11 after the first season Chaska $9.86/hr No They have about 10-12 attendants and they work outside rinks and the indoor rink Chanhassen $10.50/hr No Pay goes up .50/hr/year of experience Plymouth $10.44/hr Staff receives a stocking cap Attendants can move up a payroll step if with the city logo as part of their they are returning staff. They hire “uniform”. But no incentives approximately 12 staff per year Deephaven $12.50/hr No incentives Eden Prairie $10/hr No incentives Pay goes up to $12. They hire close to 60 staff and 3 leads for the season Wayzata $11.10 to $12.95 No incentives Shorewood’s bonus system adds a bonus of $1.00 for every hour worked during the season. Infractions of any of the rules listed below during the season may lead to not receiving a bonus. Bonus Rules:  On time for work each day;  Only positive comments received about your work from the general public;  Respect for public facilities;  Demonstration of ability to handle emergency or problematic situations professionally;  No complaints of warming house left in a mess, lights left on, or doors unlocked; and  Unexcused absent or any oral or written disciplinary action. Staff Recommendations: Based on the Commission’s previous direction, staff propose to add an additional lump sum bonus of $20 per shift worked for Friday or Saturday evenings to try to attract more willing employees. We also propose to target notice of rink attendant positions to the neighborhoods in hopes of attracting adults and retirees to the positions as well as students. With these additions, the City may have better luck at attracting rink attendants for these positions. Future of Three Rinks Due to the difficulty finding staff for the warming houses last year, staff had recommended not opening a warming house for Freeman, but maintaining the rink to allow residents to skate on their own. The rink was not widely used and staff has no exact numbers for the usage because attendance is tallied by the rink attendants. However, adjacent homeowners and city staff present for events, indicated that no one used the rink except for three instances, one winter evening when two skaters were present; the “Cocoa and Cookies” event and for kick sleds during Artic Fever. The cost to open, maintain, and close the ice rinks in the 2018/19 winter is shown in the table below. Freeman Cathcart Manor Open* $863 $1,008 $383 Maintain** $16,275 $31,777 $20,091 Close*** $989 $335 $130 Staffing**** $3,145 $3,145 Total $18,127 $36,265 $23,749 $78,141 Total days open: 45 days Cost per day for three rinks: $1,736 Cost for two rinks (Cathcart and Manor): $1,334 *Includes: installing the warming house at Cathcart, bringing in the barriers to Freeman and cleaning and checking all the warming houses at Manor and Cathcart for supplies and damage. **Includes: blowing, sweeping, shoveling, and flooding. ***Includes: removing the warming house from Cathcart and the barriers at Freeman, cleaning and securing warming houses. ****Includes: warming house attendants’ pay only, but not other staff time for recruiting, training and processing payroll or other related activities. Rink usage over the last four winter seasons is as follows: Manor Park 2018/19 2017/18 2016/17 2015/16 Days Open 43 38 35 Days with no skaters 16 15 15 No data Number of skaters 31 169 168 Days with team practice 1 0 0 Days with families or groups 15 0 No data 2018/19 Cost per skater: $766 Cathcart Park 2018/19 2017/18 2016/17 2015/16 Days Open 45 40 37 Days with no skaters 2 6 6 No data Number of skaters 190 302 402 Days with team practice 6 1 1 Days with families or groups 1 0 No data 2018/19 Cost per skater: $191 Freeman Park 2018/19 2017/18 Days Open (Rink Only) 45 36 Days with no skaters 43 34 Number of skaters 8 2 Days with team practice 0 0 Days with families or groups 2 0 2018/19 Cost per skater: $2,266 Badger Park 2015/16 (Last year open only) Days Open (Rink Only) 37 Days with no skaters 3 Number of skaters 447 Days with team practice 4 Days with families or groups No data Upgrades needed at Eddy Station Warming House: In the past two years, the city has heard concerns that Eddy Station is not functional as a warming house because the rinks are not directly visible to staff and that either new windows to the rink or cameras would need to be added. Also, other minor upgrades should be made to make the warming house more functional, such as more mats to the ice, more outlets, etc. Staff Recommendations: 1. Better communication of rink hours and install easily visible signage at the warming houses. 2. In addition to the city’s standard advertising for position openings, provide direct notice to neighborhood surrounding the rinks of job openings. 3. Discontinue the rink at Freeman Park due to the proximity of the Cathcart Park rink, the lack of skaters, the need to make costly upgrades to Eddy Station, and the cost to operate the rink. 4A CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us ______ To: Parks Commission From: Marie Darling - Planning Director Reviewed By: Greg Lerud, City Administrator Meeting Date: September 10, 2019 Re: Future of South Shore Park During the parks tour, Councilmember Johnson suggested the Commission look at the potential for selling the park for private development. Sale of the property would benefit the community by providing some funding for park improvements elsewhere and could also provide for some higher density housing, for which the City has few options. Because the land for the park was turned back from MnDOT, City Administrator Lerud contacted the state to see if there were any sale or use restrictions on the property. The land manager stated that the city can sell the property without restriction. Lerud said the City Attorney has requested title work to see exactly what the city owns in this area. Staff will report back to the Parks Commission and City Council the findings of that investigation. As of now, staff believes that the Parks Commission can consider a sale of the property. Staff recommends the Parks Commission discuss this issue and make a recommendation to the City Council on the future of the park, which could include: (but is not limited to) 1) consider selling the parcel; 2) not to sell; or 3) request more information of staff. To aid your discussion of this topic, staff reminds the Commission that the CIP indicates the property is scheduled for redevelopment planning next year, with construction taking place the following year(s). Additionally, the following were recreational facilities found lacking in the community by residents during the Comprehensive Plan survey conducted in October of 2017. The facilities that could likely be accommodated based on the size and shape of the property are highlighted. The cost of the facilities has not been estimated. More bike and walking trails Outdoor pickleball courts Curling club Community recreation center Sports complex More community gardens More attention to natural areas Public indoor swimming pool Boat slips, public boat launch Playground Off-leash dog park More lake access for Shorewood residents Picnic areas A workout facility Covered ice rink Artificial turf soccer fields Cross-country ski trails Splash pad Skateboard park Indoor walking/running facilities Mountain bike trail Sand volleyball courts More hockey rinks Disc golf Outdoor rental equipment, like bikes, showshoes, cross country skis, etc. Indoor playground Snowmobiling trails Paddle tennis Beach access Horse shoe pits Archery Range 6D MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Freeman Park South Playground Meeting Date: September 23, 2019 Prepared By: Greg Lerud, City Administrator Reviewed By: Marie Darling, Planning Director Attachments: Estimate Resolution Background: At a previous meeting, staff presented options to the Parks Commission and City Council for the rehabilitation of the Freeman Park south playground. The work included some additional playground apparatus, as well as enlarging the footprint of the playground area. A bid price was received to install a new concrete border around the entire playground, but the cost was prohibitive. Consequently, staff recommended that since it was a rehabilitation project, that the existing timbers be replaced as needed and the border be expanded using timbers. The playground has been demolished and prepared for painting. The new playground equipment has been delivered and is waiting to be installed. Once the playground installation is finished, the project would be completed by adding the engineered wood chips. However, the playground installation can’t be finished until the timber retaining walls are expanded. Staff contacted several companies and received two quotes; one is attached to this memo, and the other was verbal. The low bid was from Minnetonka Lawn and Landscape in the amount of $6,753.35. The verbal quote was from Brian Pipkorn in the amount of $7,500. Financial or Budget Considerations: This amount was not included in the original estimates to do the work, but there are sufficient funds in the Park Reserve to cover this expense. Recommended Action: Staff recommends accepting the low bid from Minnetonka Lawn and Landscape in the amount of $6,753.35. Next Steps and Timeline: Staff will inform the company of the council’s decision and schedule the work to be completed. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RESOLUTION NO. 19- CITY OF SHOREWOOD A RESOLUTION ACCEPTING AN ESTIMATE AND AUTHORIZING INSTALLATION OF EDGE CONTROL FOR FREEMAN PARK SOUTH PLAYGROUND WHEREAS , the City of Shorewood (“City”) requested estimates for enlarging and maintaining the edge control around Freeman Park South Playground; and WHEREAS , the projects were below the threshold necessitating competitive public bidding; and, WHEREAS, the City Council reviewed the estimates at a public meeting on September 23, 2019. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood, Minnesota: 1. The quote from Minnesota Lawn and Landscaping in the amount of $6,753 is the lowest quote received. 2. Staff are hereby authorized and directed to enter into contracts with the above contractors for and on behalf of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23th day of September, 2019. ___________________________ Scott Zerby, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19-XX A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING, CITY PROJECT 19-09 WHEREAS, City Staff has solicited a proposal for professional services from Barr Engineering for hydrologic and hydraulic analysis for the Mary Lake Outlet Pipe, City Project 19-09; and WHEREAS, the Director of Public Works has reviewed said proposal and found it to be . in order NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota authorizes the execution of a professional services agreement with Barr Engineering to complete said analysis, as outlined in Exhibit A. rd Passed by the City Council of Shorewood, Minnesota this 23 day of September, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk Exhibit A is identical to Attachment 2 in thememorandum, and has not been shown here for brevity. CITY OF SHOREWOOD RESOLUTION NO. 19 - ADOPTING THE PRELIMINARY 2020 GENERAL FUND OPERATING BUDGET AND PROPERTY TAX LEVY WHEREAS , City staff have presented the preliminary 2020 budget and property tax levy at a work session in August; and WHEREAS , the City Council has reviewed the budget and property tax levy and made modifications to each that reflect desired community service levels; and WHEREAS , the City Council is required to approve and certify the proposed 2020 preliminary property tax levy to the Hennepin County Auditor by September 30; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The 2020 Preliminary General Fund Budget is hereby set at $6,615,701. 2. $5,856,611 is to be levied for 2019 ad valorem property taxes, collectible in 2020 upon all taxable property in the City of Shorewood. 3. The Finance Director is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of September, 2019. __ ATTEST: Scott Zerby, Mayor _____________________________________ Sandie Thone, City Clerk