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11-25-19 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 25, 2019 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. 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 November 12, 2019 Minutes B. City Council Regular Meeting Minutes from November 12, 2019 Minutes C. Approval of the Verified Claims List Claims List D. Approval of Tree Sale Communications Coordinator Memo E. Accept Arctic Fever Donations Parks/Rec Director Memo Resolution 19-107 F. Accept Donation to the Parks Department and Plaque for a Parks/Rec Director Memo Bench at Silverwood Park Resolution 19-108 G. Authorize Expenditure of Funds, Hauling and Proper Director of Public Works Memo Disposal of Street Sweepings 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Approve Feasibility Report for Glen Road, Amlee Road, and Engineer Memo Manitou Lane Street Reconstruction Project, City Project 18-08 Resolution 19-109 CITY COUNCIL REGULAR MEETING AGENDA – November 25, 2019 Page 2 6. PARKS A. Report on 11-19-19 Park Commission Meeting 7. PLANNING 8. ENGINEERING/PUBLIC WORKS 9. GENERAL/NEW BUSINESS A. Engineering Contract with Bolton & Menk City Administrator Memo Resolution 19-110 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. October General Fund Budget Report Finance Director Memo 2. Update on Mary Lake 3. Water Efficiency Grant Award Recycling/Communications Coordinator Memo B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS TUESDAY, NOVEMBER 12, 2019 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson (arrived at 6:01 p.m.) Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Labadie B. Review Agenda Siakel moved, Sundberg seconded, approving the agenda as presented. Motion passed 3/0. 2. COMPREHENSIVE PLAN REVISIONS Bob Kirmis, Northwest Associated Consultants (NAC), stated that he would like to review some of the planning and engineering issues that were highlighted in the staff report and get feedback from the Council. He stated that the City received an “incomplete” from the Met Council for the draft Comprehensive Plan that was submitted. He stated that the Met Council feels that the City has not provided enough land to take their fair share of the regional population objectives. Councilmember Sundberg asked if this was a mandatory requirement from the Met Council. Mr. Kirmis stated that it is mandatory and basically requires a certain number of acres be dedicated to high density housing. He noted that the Met Council basically has a template that they apply to all cities and do not take in account he unique situations within each city. Planning Director Darling noted that the City discussed high density housing options within the text but did not show it as guided for high density on the maps. She stated that after the maps show it as guided for high density, the City will need to set up an implementation schedule telling the Met Council when the land will be rezoned. The Council discussed rezoning property for high density use and what non-conforming use would mean to the current property owners. Mayor Zerby asked if the City had spoken with our Met Council representative, Mr. Ferguson. He stated that he had spoken with him about the idea of considering Comprehensive Plans city by city rather than regionally. He stated that Mr. Ferguson seemed receptive to the idea. He stated that he does not agree with the Met Council using the cookie cutter approach to every single city. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 2 of 3 The Council discussed the possible land locations in the City that may be able to be used for higher density housing. Mr. Kirmis asked if the Council would like to push the issue with the Met Council regarding the concerns expressed by Mayor Zerby or if the Council wanted to try to respond. Councilmember Siakel stated that she would like to do a combination and consider some properties for high density but also to consider the dynamics of the City as Mayor Zerby stated. Mayor Zerby listed some unique aspects to the City such as having no school district of its own, no downtown, and no transit system. He stated that the City is having to take a hodge podge approach to try to find possible areas for high density even if they don’t make sense. Mr. Kirmis suggested setting up a meeting with the Council to make the City’s case and have Mayor Zerby and City Administrator Lerud involved to see what they say. Mayor Zerby stated that he would welcome the opportunity to have that conversation with the Met Council. Councilmember Siakel stated that she feels it is a good place to start. Councilmember Sundberg agrees and noted that changing some of the places in the City to high density seems fabricated and not built around reality. Councilmember Johnson asked what the Met Council opinion is on mixed use developments as a way to get more high-density housing along with retail components. Mr. Kirmis stated that the Met Council is receptive to mixed use. He stated that most of the non- controversial issues raised by the Met Council has been addressed and reiterated his suggested that the housing forecast issue be discussed with the Met Council before anything is changed. Councilmember Siakel asked for the timeframe and deadline for a response to the Met Council. Planning Director Darling stated that there is not a hard deadline because it is an ongoing process, but noted that if the City does nothing the City will eventually get some push back from the Met Council. Councilmember Siakel stated that she likes Mayor Zerby’s idea of talking with Met Council because if the City moves forward and just starts choosing various parcels for high density it will open Pandora’s box. The Council discussed areas such as the Cub Foods Shopping Center area and the Waterford development and the possibility of changing their designation to mixed use. City Administrator Lerud stated that he would like to meet with Met Council and explain the City’s position before the Council starts looking at areas to change to high density housing. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 3 of 3 3. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Work Session Meeting of November 12, 2019, at 6:30 P.M. Motion passed 4/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS TUESDAY, NOVEMBER 12, 2019 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE: A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Labadie B. Review Agenda Siakel moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of October 28, 2019 B. Approval of the Verified Claims List C. Holiday Schedule D. Approval of Assessment Agreements for Water Connections, RESOLUTION NO. 19-101, “A Resolution Certifying Special Assessments on the 2020 Hennepin County Property Tax Rolls” E. Approval of Certifying Unpaid Charges RESOLUTION NO. 19-102, “A Resolution Certifying Unpaid Charges on the 2020 Hennepin County Property Tax Rolls” F. Approval of Recording Secretary Contract with TimeSaver CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 2 of 7 G. Approval of City Representative Appointments to the Lake Minnetonka Conservation District, RESOLUTION NO. 19-103, “A Resolution Making City Representative Appointments to the Lake Minnetonka Conservation District” Motion passed 4/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARING A. Vacation of Permanent Easement for Utility Purposes: Tonka Village Shopping Center, 5609 Manitou Road City Administrator Lerud gave an overview of the history of the request for vacation of the easement. He stated that if the Council decides not the vacate the easement, staff is recommending that new water and sewer lines be installed when the site work is being completed. Mayor Zerby opened the Public Hearing at 7:05 p.m. Richard Eng, 25170 Glenn Road, stated that he attended the last meeting when the Mayor from Tonka Bay told the City that this project is going through whether the City likes it or not. He asked if granting this easement would affect a possible future law suit by residents in this development. City Attorney Keane stated that he is not sure what claims could be brought against the City. He noted that the action in front of the Council tonight is not approval of the plan, but simply to consider the vacation of the easement as an accommodation to Tonka Bay. Mr. Eng asked if there was any implication in the courts if the City chose not to vacate the easement. City Attorney Keane reiterated that he does not know what claims may be made against the City because that would be complete speculation. He stated that the City of Tonka Bay has presented two separate plan options to the City. Councilmember Siakel explained to Mr. Eng that the request before the Council is not whether Tonka Bay can build this development. She showed a picture of what would be built if the easement is granted and showed a different picture of what would be built if the easement was not granted. She stated that she does not understand Mr. Eng’s questions regarding lawsuits because it seems to imply the City has done something wrong. She stated that the City has most definitely done nothing wrong in this situation. She stated that the Council does not feel that this development is a good idea because of its proximity to the Public Works building. She asked Mr. Eng what stance he would like the City to take in this situation. Mr. Eng stated that he does not think the developer or the City of Tonka Bay has answered questions regarding traffic or storm water management for this development. He stated that he does not understand why the City would appease Tonka Bay and grant the variance especially because the mayor of Tonka Bay basically came before the Council and said they were doing it regardless of what the City of Shorewood thought. Councilmember Sundberg stated that she shares Mr. Eng’s frustration, but whether this development moves forward is the decision of Tonka Bay. Councilmember Siakel reiterated that Tonka Bay did not consult the City of Shorewood before making their plans. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 3 of 7 Tony Kuechle, Doran Development 7803 Glenwood Road, Bloomington, explained which concept plan had been approved by the City of Tonka Bay. He explained that a traffic study has been completed and noted that although it did not take into account the vacant spaces in the shopping center, the study showed that there is only impact on traffic leaving the site and not Highway 19. He stated that there is a stormwater management plan. He noted that there is contamination on the site and they have budgeted for contaminated soil removal and remediation. He stated that he is not concerned about the noise because of the proximity to the Public Works building. He read aloud from a portion of the standard residential lease that acknowledges it is in an urban environment and provided a copy of it to the City Attorney. He explained the various scenarios that may require a temporary construction easement. There being no additional public comment, Mayor Zerby closed the Public Hearing at 7:20 p.m. Councilmember Sundberg asked if the second concept plan had been approved or if it was contingent on getting the easement vacated. Mr. Kuechle explained that procedure of how the plans would proceed with Tonka Bay. He stated that the plans that that the Council is looking at are just massing plans to ensure that they could get the desired number of units in the building. He stated that the most recent plans that they are working on for Tonka Bay have the buildings shifted a bit closer to the Public Works building. He noted that whether the easement is granted does not matter to their plans. Councilmember Johnson asked Public Works Director Brown if he had an opinion on this issue. Public Works Director Brown stated that he does not think the development will make a difference in their operation but is concerned about the noise and complaints from the residents. Mayor Zerby expressed his frustration that the Council has not seen the design of the development so it could see how their plans may affect the City. He stated that the Council has seen a rendering or the original plan, but not the proposed alternative plan. Councilmember Siakel asked if there was documentation of the contamination and noted that she hoped that it was not just a scare tactic by Tonka Bay or the developer. Mr. Kuechle stated that they have documentation of the soil contamination with a Phase 1 and a Phase 2 Environmental Report and have also filed a CCCP with the Minnesota Pollution Control Agency. He stated that he was unsure if a copy of that was given to the City. He stated that the contamination came from two sources, a dry cleaner and an auto body repair shop. He stated that he is happy to forward all the documents to the City. Councilmember Siakel asked how long Mr. Kuechle has known about the contaminated soil and stated that it would have been nice for the Council to know prior to this evening. Mr. Kuechle stated that he has known about it for some time but failed to realize that it crosses into the City of Shorewood. Mayor Zerby stated that he is inclined to not vacate the easement. Councilmember Sundberg stated that she is fine with that. Councilmember Johnson stated that he would be fine with that also, but can see the advantage in obtaining new utility lines at no cost to the City. He stated that his understanding is that if the City agrees to vacate the easement, then it will receive new utility lines that the City does not have to pay for. Zerby moved, Sundberg seconded, approving the RESOLUTION NO. 19-104, “A Resolution Denying the Request to Vacate and Easement Across 5609 Manitou Road in Tonka Bay.” Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 4 of 7 5. REPORTS AND PRESENTATIONS A. 2019 Spring/Summer Photo Contest Winners City Clerk Thone gave an overview of the winners for the Spring/Summer photo contest and noted that one of the winners, Dawn Reese, is present tonight. Mayor Zerby congratulated the winners and announced that the photos would be on display in City Hall. There was a round of applause for Ms. Reese. 6. PARKS - NONE 7. PLANNING A. Report by Commissioner Riedel on October 22, 2019 Planning Commission Meeting Commissioner Riedel gave a brief overview of the October 22, 2019 as outlined in the minutes therein. B. Preliminary and Final Plat – Jarrett Addition, 5315 Howards Point Road, Sathre- Bergquest, Inc. Planning Director Darling explained that this request is to subdivide the property into two lots to allow for construction of a home on the northwestern side of the existing home. She explained the history of the property and noted that staff is recommending entering into an encroachment agreement for the items that will be located within the drainage and utility easement. She stated that the staff and the Planning Commission recommend approval subject to the conditions included in the resolution. Councilmember Johnson stated that there was a meeting last week regarding drainage in the Howards Point Road area and asked if this development would affect that at all. City Engineer Fauske stated that the area discussed was north of this area and drainage will not be impacted by this proposal. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 19-105, “A Resolution Approving a Preliminary and Final Plat for Jarrett Addition at 5315 Howards Point Road.” Motion passed 4/0. C. Planned Unit Development Amendment for Setbacks: 5820, 5840 and 5860 Prestwick Court Planning Director Darling stated that this request is to allow for flexibility with setbacks in the development along Prestwick Court in order to save two mature oak trees. She explained that the setbacks along Prestwick Court are varied and noted that the Planning Commission recommended approval subject to conditions included. Rick Packer, Gonyea Homes, stated that they agree with the recommendation. Councilmember Johnson stated that the likes the idea but wanted to make sure that there were not already lots that have been sold in the midst of the changing setbacks. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 5 of 7 Mr. Packer stated that 5880 Prestwick Court has been sold and believes it is in for permit with the City. Mayor Zerby stated that he knows that Mr. Packer worked very hard to save a lot of the trees when he worked for Mattamy Homes. Mr. Packer stated that there were very few heritage trees so he is happy that will be able to save these trees. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 19-106, “A Resolution Approving an Amendment to the Minnetonka Country club P.U.D. for 5820, 5840, and 5860 Prestwick Court.” Motion passed 4/0. 8. ENGINEERING/PUBLIC WORKS - NONE 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Sale of Alcohol at Events held in City Parks Planning Director Darling stated that when the Council considered this item, they asked for a one- year update on the activities or impact from allowing the sale of alcohol at the events. She stated that there has not been any events or activities where alcohol has been sold and will provide an update next year. 2. Fire Lanes Enforcement Planning Director Darling gave an overview of the past discussions related to fire lanes in the City and snowmobilers wanting to use them to access Lake Minnetonka. She stated the study has not been completed. She stated that Councilmember Siakel, at the October 15, 2019 meeting, asked for the Council to discuss that until the study was completed, the City should enforce the existing regulations, which includes the prohibition of vehicles accessing Lake Minnetonka. She reviewed the procedure for enforcing these regulations, including sending a letter to interested adjacent property owners that the City will be enforcing them until the larger study has been completed. She stated that they would also send letters to residents who have blocked public access to the fire lanes and ask that permanent improvements and private property be removed. She stated that they would also place barriers in the Grant Lorenz fire lanes to prevent vehicle access. She noted that there is no action needed from the Council because this would be enforcing current regulations. Councilmember Sundberg asked when the study would be completed. Planning Director Darling stated that there is additional survey work that needs to be completed that should be able to happen during the winter months. Councilmember Siakel asked if the City has done any work to look at vacating the fire lanes and how it is determined which property they are attached to. City Attorney Keane stated that will require research into how the fire lanes were acquired or dedicated. He stated that it may be that they are dedicated from the center line to the adjoining parcels but will require research. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 6 of 7 3. Update on Mary Lake Public Works Director Brown stated that there were survey shots taken this afternoon that show the lake has been pumped down to the ordinary high-water line. He showed some pictures of the area and noted that the City will be taking down the pumping operations tomorrow. He noted that there have been several meetings with the watershed district and the DNR to discuss long term solutions to the issue. He noted that he and City Administrator Lerud met with Barr Engineering regarding the western drainage plan. Councilmember Johnson stated that he has heard from the residents in the area that they are very appreciative of the City and the ongoing efforts to help when with the water issues at Mary Lake. Other City Engineer Fauske stated that last Wednesday there was an Open House on the Glenn Road and Amlee Road project that was very well attended. Finance Director Rigdon reminded the residents that the Truth in Taxation hearing will be held on December 2, 2019 at 7:00 p.m. Planning Director Darling noted that Freeman Park playground is open. She showed pictures of the new equipment and explained that there is a memorial bench that will be installed after the concrete pad has cured. City Administrator Lerud stated that earlier this year, the Council discussed the possibility of working with the City of Excelsior to hire a Building Inspector that would be shared between the two cities. He stated that staff has been discussing and it believes the arrangement needs to benefit both cities. He stated that staff can see how this would benefit Excelsior but does not see how it would benefit the Shorewood. He stated that staff would like to continue with the services of Joe Pazandak and MnSpect for building inspection for the upcoming year, and unless he was given different direction by the council, he was going to inform Excelsior tomorrow. There was no further discussion. B. Mayor and City Council Councilmember Johnson noted that he will not be able to attend the November 25, 2019 Council meeting. Mayor Zerby noted that he had attended the Veteran’s Day program at the Shorewood Community Center. He noted that it was a very nice event and was well attended. 11. ADJOURN Johnson moved, Sundberg seconded, Adjourning the City Council Regular Meeting of November 12, 2019, at 8:00 P.M. Motion passed 4/0. ATTEST: Scott Zerby, Mayor CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 7 of 7 Sandie Thone, City Clerk #2 C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: November 25, 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. 65823 - 65852 & ACH 446,506.41 Total Claims $446,506.41 We have also included a payroll summary for the payroll period e November 10, 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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The program continues to be popular with the residents and the city sold or used all of the ordered trees. In 2020 there will be seven (7) pre-selected trees for purchase by the residents at wholesale prices. The city parks department will also have the opportunity to purchase trees for use in public spaces. All trees ordered are guaranteed free of neonictonoids per the city’s Bee Safe ordinance. The tree sale pick-up is planned for a weekend in May determined by the city of Minnetonka. Timeline: Upon City Council approval, the pre-order form will be in the February 2020 newsletter, advertised on the city website and through social media until all trees are sold. Council Action Requested: Staff respectfully recommends council approve an expenditure of funds in the amount up to $8,500 for the purchase of trees to be pre-paid for by the city and reimbursed by the residents purchasing the trees at the 2020 tree sale. A motion, second and simple majority is required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2E Title / Subject: Resolution Accepting Donations to Arctic Fever Event Meeting Date: Monday, November, 25, 2019 MEETING TYPE Prepared by: Twila Grout, Park and Recreation Director Regular Meeting Reviewed by: Sandie Thone, City Clerk/Human Resource Director Attachments: Resolution Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and §471.17 all donations or gifts of real and personal property, including donations for the benefit of public recreational services, must be accepted by the city council. Background: The following persons or entities have offered to contribute the cash amounts set forth below, for the purpose of the 2020 Arctic Fever Event being held on January 16 to January 19, 2020: Name of Donor Amount Bolton & Menk $1,500.00 Randy’s Sanitation, Inc. $50.00 WSB $500.00 Financial Considerations: This donation will help to cover expenses incurred for the 2020 Arctic Fever Event. Action Requested: Staff respectfully recommends the city council approve the Resolution Accepting Donations as Delineated in the Resolution to the 2020 Arctic Fever Event and direct staff to send a thank you note to all donors. Motion, second and two-thirds majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RESOLUTION 19- A RESOLUTION ACCEPTING DONATIONS TO THE CITY OF SHOREWOOD 2020 ARCTIC FEVER EVENT WHEREAS, the City of Shorewood is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of their public recreational services pursuant to Minnesota Statutes section 471.17; and WHEREAS, the following persons and entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Bolton & Menk $1,500.00 Randy’s Sanitation, Inc. $50.00 WSB $500.00 WHEREAS, the terms or conditions of the donations are to be used for the 2020 Arctic Fever Event; and WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The donations described above are accepted and shall be used to establish and/or operate services either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donor’s donation. Passed by the City Council of Shorewood, Minnesota this 25th day of November 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk #2F MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Donation to the Parks and Plaque for Bench at Silverwood Park Meeting Date: November 25, 2019 Prepared by: Twila Grout – Park & Rec Director Reviewed by: Marie Darling – Planning Director Background: Brock Austin, on behalf of Silver Lake Association, proposed a donation of $1,000 to the Parks Department and the installation of a plaque to an existing park bench at Silverwood Park. The plaque would be in memory of Gary Kiecker, who passed away recently. At their November 19, 2019 meeting, the Parks Commission unanimously recommended accepting the donation. Financial or Budget Considerations: None. The donation covers the cost of purchasing and installing the plaque and for maintaining the bench and the area around the bench. Options: Accept or reject the donation. Recommendation / Action Requested: Staff recommends accepting the donation and sending a thank you note. Staff would then move forward with installation of the plaque. 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. ________ A RESOLUTION ACCEPTING A DONATION TO THE PARKS DEPARTMENT AND PLAQUE FOR A BENCH AT SILVERWOOD PARK WHEREAS , Brock Austin, on behalf of the Silver Lake Association submitted a donation of $1,000 for the Parks Department and installation of a plaque to be installed on a bench at Silverwood Park in the City of Shorewood, County of Hennepin; and WHEREAS , the donor has specified that the words “Dedicated to the memory of Gary Kiecker, a tireless champion of Silver Lake, and a cherished friend and neighbor” be placed on the bench by the playground. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood hereby accepts the donation of the money for the parks department and plaque for placement on the park bench. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25 day of November 2019. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk 2G MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Authorization for Expenditure of Funds, Hauling and Proper Disposal of Street Sweepings Meeting Date: November 25, 2019 Prepared by: Larry Brown, Director of Public Works Attachments: Excerpt of CIP, Calculations Policy Consideration: None Background / Previous Action: The 2019 Capital Improvement Program has funds dedicated to the hauling and proper disposal of street sweepings (refer to Attachment 1). Currently, there are 810 cubic yards of sweepings stockpiled at the Public Works Faci. Sweepings fall under a category of Managed Waste.Therefore, lab testing has to be completed to determine what, if any heavy metals are present, anthey need to be disposed of. Since this is managed waste, these are typically hlined landfill and utilized as cover material, providing the heavy metal content is within l, according to the Minnesota Pollution Control Agency. Staff solicited two proposals for hauling and disposal; one from Katie and Company, a division of DMJ Asphalt Company, and one from Veit and Company, Inc. DMJ responded and stated that due to the volume, they would not be interested in handling that much material this year. Veit and Company responded with the following prices: One time profile fee: $200 (good for 3 years) Hauling: $300.00 per trip (10 ton max) Tipping Fee: $30.00 per ton ($70 min) Environmental fee: $10.00 per load Tax: $1.71 per ton tax (will increase 1/1/2020 $1.96) Going through all of the calculation (as shown in Attachment 2), 810 cubic yards of material of $75,452. This cost far exceeds the $35,000 budgeted. Mission Statement: The City of Shorewood is committed to providing residents qualit healthy environment, a variety of attractive amenities, a sustai management through effective, efficient, and visionary leadershi Page 1 Space at the public works facility is becoming very limited. Thmmending that a motion be approved for the expenditure of fundsof $35,000. This will permit the disposal of approximately 375 cubic yards of material. The remainder will have to continue to be stockpiled over the winter at public works. Recommendation: Staff is recommending approval of the motion that authorizes thefor an amount of $35,000 from the Stormwater Capital Improvement Progra disposal of street sweepings. City of Shorewood Public Works Street Sweepings Disposal Costs ItemDescriptionUnit PriceQuantityAmount One time profile fee: (good for 3 years)$200Lump Sum1$200 Hauling:per trip (10 ton max)$300.00Trip120$36,000 Tipping Fee:per ton ($70 min)$30.00Ton1200$36,000 Environmental fee:per load$10.00Trip120$1,200 Tax: per ton tax (will increase 1/1/2020 $1.96)$1.71Ton1200$2,052 Total$75,452 810 Cubic Yards approximately 1200 tons ATTACHMENT 2 #5A MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Receive Feasibility Report for the Glen Road, Amlee Road and Manitou Lane Street and Utility Improvement Project City Project 18-08 Meeting Date: November 25, 2019 Prepared by: Katie Koscielak, Project Manager Reviewed by: Alyson Fauske, City Engineer Attachments: Feasibility Report, Resolution Background: On March 11, 2019, the Shorewood City Council authorized the preparation of an engineering Feasibility Report for the Glen Road, Amlee Road and Manitou Lane Street and Utility Improvement Project., City Project 18-08. The proposed project consists of street reconstruction (complete with bituminous paving and concrete curb and gutter) and drainage improvements along the following roadways:  Glen Road from County Road 19 to the west terminus  Manitou Lane from Glen Road to Amlee Road  Amlee Road from Manitou Lane to the east terminus Utility improvements include sanitary sewer rehabilitation to reduce inflow and infiltration and the extension of new watermain including water services. This project was initiated through the continued development and implementation of the City of Shorewood’s Capital Improvement Program (CIP). The streets proposed for the project were initially budgeted within the City’s CIP for 2020. However, the project is subject to review under the Minnesota State Statute 307, the Burial Sites Act (307.08) and Minnesota State Statute 138, the Historic Sites Act (138.665), due to the historical, cultural and archaeological significance of the area. A Phase 1A archaeological review of the proposed project was conducted and is currently under review. The archaeological review is anticipated to continue through the summer of 2020; therefore, the project is proposed to be budgeted within the CIP for 2021 construction. th Additionally, comment cards received prior to the November 25, 2019 City Council Meeting th will be provided to the Council at the November 25, 2019 meeting for Council consideration. The street and utility improvements described in the Feasibility Report are necessary, cost effective, and feasible. 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 Financial or Budget Considerations: The total estimated project cost is summarized below. Glen Road Amlee Road and Manitou Lane Street and Utility Improvement Project City of Shorewood, MN Project Costs Proposed Improvements Cost Schedule A. Surface Improvements $1,815,200 1 Schedule B. Sanitary Sewer Improvements $101,900 Schedule C. Watermain Improvements $572,100 Schedule D. Storm Sewer Improvements $758,100 Total Proposed Improvements $3,247,300 Notes: 1 - existing sanitary sewer to be televised with final design to address additional improvements, if necessary. Funding for the project will be provided through the City’s Street Reconstruction Fund, Storm Water Fund, Sanitary Sewer Fund, and Water Fund. Options: Staff recommends that the Council consider the following actions: 1. Approve the attached resolution Receiving the Feasibility Report for the Glen Road, Amlee Road and Manitou Lane Street and Utility Improvement Project. 2. Direct staff to modify feasibility report. 3. Take no action at this time. Recommendation / Action Requested: Staff recommends the City Council approve the attached resolution Receiving the Feasibility Report for the Glen Road, Amlee Road and Manitou Lane Street and Utility Improvement Project, City Project 18-08, as identified above. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTIONS 19- A RESOLUTION RECEIVING FEASIBILITY REPORT FOR THE GLEN ROAD, AMLEE ROAD AND MANITOU LANE STREET AND UTILITY IMPROVEMENT PROJECT, CITY PROJECT 18-08 WHEREAS , the City Council authorized preparation of a Feasibility Report for the Glen Road, Amlee Road and Manitou Lane Street ad Utility Improvement Project, City Project 18-08, on March 11, 2019; and WHEREAS , WSB prepared a Feasibility Report which was received by the City Council on November 25 th, 2019; and WHEREAS , comment cards received prior to the November 25 th, 2019 City Council Meeting were presented to the City Council for consideration; and WHEREAS , the report provides information regarding whether the proposed improvements are necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; and the estimated cost of the improvement as recommended; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The Council receives the Feasibility Report prepared by WSB and comment cards received prior to the November 25 th, 2019 City Council Meeting; and 2. The Council will consider the improvement of the Glen Road, Amlee Road and Manitou Lane Street and Utility Improvement Project, City Project 18-08, in accordance with the report at an estimated cost of $3,247,300; and Passed by the City Council of Shorewood, Minnesota this 25 th day of November 2019 Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A Title/Subject: Engineering Services Agreement With Bolton & Menk Meeting Date: November 25, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Larry Brown, Director of Public Works; Tim Keane, City REGULAR Attorney Attachments: Professional Services contract Background: City staff has been working with Bolton & Menk staff following the October 28 meeting to reach an agreement for Bolton & Menk to provide engineering services to the city. The attached agreement is the standard agreement Bolton & Menk has with clients, and city staff suggested a few changes that have been incorporated into the agreement. Financial or Budget Considerations: One of the biggest questions from the council was the retainer fee, and how it would be calculated. This agreement proposes to have a reduced hourly rate for staffing the office – i.e., meeting with residents, attending staff meetings, answering questions at the counter, etc. For the other hours that the engineer is in the office and doing project specific work, that time will be charged out to the appropriate project – for example; a street project, review of a drainage plan for a new home, a sewer relining project, or other project where we have a professional services agreement. As was stated at the meeting on October 28, staff anticipates that the amount the city spends overall for engineering service each year will be similar to prior years. The RPF called for up to 32 hours of office time each week. That number will be continually evaluated by city staff and Andrew to monitor how many hours the city needs. Options: Approve the agreement by passing the Resolution by a simple majority or provide the staff alternative direction. Recommended Action: The city attorney has reviewed the document and staff recommends approval of the agreement as presented. Next Steps and Timeline: Should the council approve the agreement, Bolton & Menk will become the city engineer effective December 2. There will still be some outstanding items to be worked through with WSB, and those should be done over the next month or so. 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 AGREEMENT FOR PROFESSIONAL SERVICES CONSULTING CITY ENGINEERING SERVICES CITY OF SHOREWOOD, MINNESOTA This Agreement, made this the day of , 2019, by and between the City of Shorewood, Minnesota, 5755 Country Club Road, Shorewood, MN 55331, hereinafter referred to as CLIENT, and Bolton & Menk, Inc., 2638 Shadow Lane, Suite 200, Chaska, MN 55318-1172, hereinafter referred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional engineering and surveying services in association with providing Consulting City Engineering Services and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform professional engineering and surveying services as described in Exhibit I. B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I or as described in Paragraph IV.B. SECTION II - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CLIENT will assist the CONSULTANT in determining the extent to which the information provided may be relied upon to perform CONSULTANT'S services. C. The CLIENT will work with the CONSULTANT to obtain entry upon both public and private lands effected by and associated with CONSULTANT'S services. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in CONSULTANT'S services. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to CONSULTANT'S services. 1 of 14 F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of CONSULTANT'S services. G. The CLIENT will work with the CONSULTANT as needed to apply for any and all regulatory permits required for the proper and legal execution of CONSULTANT'S services. H. The CLIENT will hire, when requested by the CONSULTANT, an independent testing company of its choosing to perform laboratory and material testing services, and soil investigation that can be justified to complete a proper design and the CONSULTANT'S services. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. SECTION III - COMPENSATION FOR SERVICES A. COMPENSATION CHARGE METHODOLOGY Compensation for all services performed by the CONSULTANT on behalf of the CLIENT in accordance with Exhibit I will be on an hourly basis in accordance with the 2019 Billing Schedules included below. B. HOURLY BILLING SCHEDULES 2019 Hourly Billing Schedule For General Staff Senior Principal...................................................................................... $150-280/Hour Principal Engineer/Surveyor/Planner/GIS/Landscape Architect ............. $140-225/Hour Senior Engineer/Surveyor/Planner/GIS/Landscape Architect ................. $110-210/Hour Project Manager (Includes Survey, GIS, Landscape Architect) .............. $100-195/Hour Project Engineer/Surveyor/Planner/Landscape Architect ....................... $85-190/Hour Design Engineer/Landscape Designer/Graduate Engineer/Surveyor ........ $80-190/Hour Specialist (Natural Resources/GIS/Traffic/Graphics/Other) ................... $60-175/Hour 1 Senior Technician (Includes Construction, GIS, Survey) ...................... $85-180/Hour 1 Technician (Includes Construction, GIS, Survey) .................................. $65-150/Hour Administrative/Corporate Specialists ..................................................... $45-125/Hour Structural/Electrical/Mechanical/Architect ............................................ $120-150/Hour 2 General Engineering(up to 32 hours per week) ................................. $95/Hour GPS/Robotic Survey Equipment ............................................................ No Charge CAD/Computer Usage ........................................................................... No Charge Routine Office Supplies ......................................................................... No Charge Routine Photocopying/Reproduction ..................................................... No Charge Field Supplies/Survey Stakes & Equipment .......................................... No Charge Mileage.................................................................................................. No Charge 1 No separate changes will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey assignments; the cost of this equipment is included in the rates for Survey Technicians. 2 General Engineering Services (up to 32 hours per week) as defined in Exhibit I will be billed at the reduced hourly rate specified above. All city approved project work will be billed at normal hourly rates. 2 of 14 Hourly charges for work completed are based on hours spent at the hourly rates in effect for the individuals performing the work. The hourly rates vary according to skill and experience. The Hourly Billing Schedules identified herein shall apply for the period through 2019. These rates may be adjusted annually thereafter to account for changed labor costs, inflation or changed overhead conditions. The hourly rates identified herein include labor, general business and other normal and customary expenses associated with operating a professional business and include vehicle and personal expenses, mileage, telephone, cell phone, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. Extraordinary expenses beyond the agreed scope of services and non-routine expenses, such as outsourced photocopying/reproductions, out-sourced graphics, document recording fees, and permit fees will be pre-approved and invoiced separately. C. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates and methodology. 3 of 14 SECTION IV - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. B. CHANGE IN SERVICE SCOPE In the event the CLIENT changes or is required to change the scope of the CONSULTANT'S services as described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and upon receipt of the request, the CONSULTANT shall furnish such, prior to authorization of the changed scope of work. C. LIMITATION OF LIABILITY 1. General Liability of CONSULTANT. For liability other than professional acts, errors, or omissions, and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CLIENT from losses, damages, and judgments (including reasonable attorneys’ fees and expenses of litigation) arising from claims or actions relating to the project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by the acts and omissions in the non- professional services of CONSULTANT or CONSULTANT’S employees, agents, or subconsultants. 2. Professional Liability of CONSULTANT. With respect to professional acts, errors and omissions and to the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CLIENT from losses, damages, and judgments (including reasonable attorneys’ fees and expenses of litigation) arising from third-party claims or actions relating to the project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by a negligent act, error or omission of CONSULTANT or CONSULTANT’S employees, agents, or subconsultants. This indemnification shall include reimbursement of CLIENT’S reasonable attorneys’ fees and expenses of litigation, but only to the extent that defense is insurable under CONSULTANT’S liability insurance policies. 3. General Liability of Client. To the fullest extent permitted by law and subject to the maximum limits of liability set forth in Minnesota Statutes Section 466.04, CLIENT shall indemnify, defend and hold harmless CONSULTANT from losses, damages, and judgments (including reasonable attorneys’ fees and expenses of litigation) arising from third-party claims or actions relating to the project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by the acts or omission of CLIENT or CLIENT’S employees, agents, or other consultants. 4. To the fullest extent permitted by law, CLIENT and CONSULTANT waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement, from any cause or causes. CLIENT waives all claims against individuals involved in the services provided under this Agreement and agrees to limit all claims to the CONSULTANT’s corporate entity. 4 of 14 5. For those services provided by the CONSULTANT while serving in the role of designated City Engineer under Section I.B of this Agreement, including professional and technical oversight or supervision of CLIENT staff, the CLIENT shall, to the fullest extent permitted by law and in addition to any other requirements of this Agreement, indemnify and hold harmless the CONSULTANT from and against any claims, costs, losses and damages to the same extent as CLIENT would indemnity and hold harmless a CLIENT employee providing similar City Engineer services. 5. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit, and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services provided hereunder. D. INSURANCE 1. The CONSULTANT agrees to maintain, at CONSULTANT’S expense a commercial general liability (CGL) and excess or umbrella general liability insurance policy or policies insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT’S general business activities. The general liability coverage shall provide limits of not less than $2,000,000 per occurrence and not less than $2,000,000 general aggregate. Coverage shall include Premises and Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products and Completed Operations Liability. 2. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, a single limit or combined limit automobile liability insurance and excess or umbrella liability policy or policies insuring owned, non-owned and hired vehicles used by CONSULTANT under this Agreement. The automobile liability coverages shall provide limits of not less than $1,000,000 per accident for property damage, $2,000,000 for bodily injuries, death and damages to any one person and $2,000,000 for total bodily injury, death and damage claims arising from one accident. 3. CLIENT shall be named Additional Insured for the CGL and Auto liability policies. 4. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage together with Coverage B, Employer’s Liability limits of not less than $500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury by Disease aggregate and $500,000 for Bodily Injury by Accident. 5. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from a negligent act, error or omission in the performance of professional services required by this Agreement during the period of CONSULTANT’S services and for three years following date of final completion of its services. The professional liability insurance coverage shall provide limits of not less than $2,000,000 per claim and an annual aggregate of not less than $2,000,000 on a claims-made basis. 6. CLIENT shall maintain statutory Workers Compensation insurance coverage on all of CLIENT’S employees and other liability insurance coverage for injury and property damage to third parties due to the CLIENT’S negligence. 7. Prior to commencement of this Agreement, CONSULTANT will provide the CLIENT with certificates of insurance, showing evidence of required coverages. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement for any reason except non-payment of premium, until at least 30 days prior 5 of 14 written notice has been given to the Certificate Holder, and at least 10 days prior written notice in the case of non-payment of premium E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. G. USE OF ELECTRONIC/DIGITAL DATA Because of the potential instability of electronic/digital data and susceptibility to unauthorized changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for electronic/digital data which is specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all electronic/digital data developed by the CONSULTANT as part of the CONSULTANTS services are acknowledged to be an internal working document for the CONSULTANT'S purposes solely and any such information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT (or its designees). Provision of electronic/digital data, whether required by this Agreement or provided as a convenience to the Client, does not include any license of software or other systems necessary to read, use or reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and long-term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party use or any adaptation or distribution of electronic/digital data provided under this AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by this AGREEMENT or subsequent agreement(s). H. REUSE OF DOCUMENTS Drawings and Specifications and all other documents (including electronic and digital versions of any documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT, the CLIENT shall acquire an ownership interest in all identified deliverables, including Plans and Specifications, for any reasonable use relative to the Project and the general operations of the CLIENT. CLIENT may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project and any reuse other than that specifically intended by this AGREEMENT will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT. I. CONFIDENTIALITY 6 of 14 CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously in the public domain or not otherwise previously known to or generated by CONSULTANT. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential; or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT must rely for defense of any claim or legal action. J. PERIOD OF AGREEMENT This Agreement will remain in effect for a period of three (3) years after which time the Agreement may be extended upon mutual agreement of both parties. K. PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date of the CONSULTANT'S invoice, a service charge of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. L. TERMINATION If, for any reason, the CONSULTANT shall fail to fulfill in timely and proper manner the obligations under this Agreement, the CLIENT shall reserve the right to terminate this Agreement by specifying the date of termination in a written notice to the CONSULTANT at least thirty (30) calendar days before the termination date. In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Agreement. M. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. N. NON-DISCRIMINATION The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. 7 of 14 O. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. P. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of thirty (30) days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to mediation by a mediator mutually agreeable to the parties. CONSULTANT and the CLIENT agree to require an equivalent mediation process governing all contractors, sub-contractors, suppliers, consultants, and fabricators concerned with this Agreement. The parties reserve all rights and remedies available to them at law or in equity in the event the dispute is not resolved by mediation. Q. SURVIVAL All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. R. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. S. RECORD KEEPING Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, CONSULTANT agrees that the books, records, documents, and accounting procedures and practices of CONSULTANT, that are relevant to the contract or transaction, are subject to examination by the CLIENT and either legislative auditor or the state auditor for a minimum of six years. CONSULTANT shall maintain such records for a minimum of six years after final payment. Pursuant to Minnesota Statutes, Section 13.05, Subdivision 11, all of the data created, collected, received, stored, used, maintained, or disseminated by CONSULTANT in performing this Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and CONSULTANT must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes, Section 13.08, apply to CONSULTANT. CONSULTANT does not have a duty to provide access to public data to the public if the public data are available from the CLIENT. T. ADDITIONAL TERMS AND CONDITIONS 1. The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in the same without prior written consent of the CLIENT. 2. For the purposes of this Agreement, the CONSULTANT shall be deemed to be an independent contractor and not an employee of the CLIENT. Any and all agents, servants or employees of the CONSULTANT or other person, while engaged in the performance of any work or services required to be performed by the CLIENT under this Agreement, shall not be considered employees of the CLIENT and any and all actions which arise as a consequence of any act or omission on the part of the CONSULTANT, its agents, servants, employees or other persons shall in no way be the 8 of 14 obligation or responsibility of the CLIENT. The CONSULTANT, its agents, servants or employees shall be entitled to none of the rights, privileges or benefits of the CLIENT employees, except as otherwise may be stated herein. 3. The CONSULTANT further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the CONSULTANT'S performance of the provisions of this Agreement. 4. No official or employee of the CLIENT who exercises any responsibilities in the review, approval or carrying out of this Agreement shall participate in any decision which affects his or her direct or indirect personal or financial interest. 5. All communications in writing between the parties shall be deemed to have been received by the addressee if delivered to the other party, or if sent by post or by facsimile addressed as noted above in this Agreement. 6. Neither the CLIENT nor CONSULTANT shall assign this Agreement without the prior consent in writing of the other. 9 of 14 SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CONSULTANT: Bolton & Menk, Inc. CLIENT: City of Shorewood, Minnesota By: By: Printed Name: Title: Mayor Title: Date: Date: Attest: By: Printed Name: _______________________ Title: City Administrator Title: Date: Date: 10 of 14 EXHIBIT I CONSULTING CITY ENGINEERING SERVICES CITY OF SHOREWOOD, MINNESOTA In accordance with the Request for Proposals approved by the City Council on May 28, 2019, the CONSULTANT will furnish the following Consulting City Engineering Services, as requested and authorized by the CLIENT: General Engineering Services 1. Serves as the City’s Consulting Engineer on projects, applications, questions and meetings. 2. Take direction from the City Council and is designated part of City Staff when appropriate. 3. Assists in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure. 4. Develops and recommends policies and procedures as needed for effective operation of the City consistent with City policies and relevant laws, rules and regulations and ensures council actions are implemented. 5. Works with the Public Works Director, Finance Director, and City Administrator to formulate short- and long-range plans to meet the needs of all areas of public infrastructure improvements including; streets, water, sewer, storm drainage, street lights, parks, and buildings. Assists the Public Works Director in maintaining the Capital Improvement Plan. 6. Reviews and processes right of way management and utility permits using ROWAY management system. 7. Assists in the implementation of all water resource functions, including implementation of the Wetland Conservation Act and Surface Water Management Plan, as well as factors relating to the MS4 NPDES requirements. 8. Provides engineering services for City infrastructure improvements and oversees project management for the construction of municipal public service projects as needed. 9. Reviews land use applications and construction plans for private developments for consistency with City adopted engineering specifications, City polices and relevant laws, rules and regulations and ensures Council actions and direction are implemented. 10. Ensures that costs and fees are charge back to development projects; works with City staff to monitor charges and revenues associated with development projects. 11. Administers and manages the MSA annual roadway certification and MSA project administration. 12. Assists in the planning, layout and design of City parks, trails, and other recreational amenities. 13. Provide consistent dedicated staffing hours at city hall to address engineering issues, from customers, residents, developers and staff, as they arise. Proactive Engineering Approach 1. Provide in depth analysis and guidance for flexible project options that meet the public need within budget. 2. Provide recommendations for innovative and cost-effective means to extend the serviceable life of infrastructure. 3. Inform staff and Council of new engineering practices and make recommendation for implementation. 11 of 14 Construction Services and Project Management – Public Projects 1. Assist in the preparation of plans and specifications for City public works projects with the input from City staff. Present plans and specifications to the City Council for approval. 2. Consult with local, state, and federal agencies having jurisdictional authority over the project(s) as warranted. Procure permits and required approvals form such agencies as required. 3. Prepare and send Advertisements for Bids to the legal newspaper, the Construction Bulleting, and other trade publications as needed for solicitation of bids. Reproduce Contract Documents for bidding purposes. Review bids and prepare bid tabulations. Evaluate bids, prepare a recommendation to the City Council, with the assistance of staff; assemble and award contracts. 4. Assist in monitoring the construction process for compliance with codes, regulations, standards and with approved plans; assure financial accountability of private projects as they relate to escrows and letters of credit. Provide advice to the City during performance of construction projects and give consideration and advice to the City during the performance of services. 5. Lead pre-construction conferences with staff, contractor, utility company representatives, etc. as necessary. 6. Perform construction staking and surveying. 7. Provide construction observation, in conjunction with city staff, as necessary during construction. (Work for this portion shall be at an hourly rate or included into the project fee.) a. Prepare and maintain necessary documentation, including photographs and/or video if warranted, as well as a log and note of the contractor’s progress. b. Convene regular construction progress meetings and provide written project updates, as necessary or required. 8. Prepare, review and recommend action for proposed change orders. 9. Prepare, review and recommend action for pay estimates. 10. Review and recommend final acceptance by the City in a timely manner. Assist the City in ensuring that contractors have been paid and lien waivers have been acquired. 11. Provide as-built drawings within 90 days of the conclusion of City projects. 12. Keep the best interests of the residents of the City of Shorewood in mind during all public and private projects. Respond to their needs and questions in a timely manner and provide all necessary communication. 13. Hold all contractors accountable for projects and ensure they are completed in an acceptable and timely manner. Construction Services – Private Projects 1. Participate in pre-construction meetings with developers, staff, contractors, utility company representatives, etc. to ensure that all City Services are respected, and all applicable codes and ordinance are followed. 2. Review plans and specifications for all privately installed infrastructure improvements and make recommendations to City Staff regarding acceptability of plans. 3. Monitor the construction process for compliance with codes, regulations, standards, and with approved plans; assure financial accountability of private projects as they related to escrows and letters of credit. Provide advice to the City during performance of construction projects and give consideration and advice to the City during the performance of services. 4. Provide construction observation during construction as necessary. (Work for this portion of projects shall be at an hourly rate and passed through to the developer.) 5. Review, and if necessary, prepare and maintain necessary documentation, including photographs and/or video if warranted, and a log of construction activities. 12 of 14 6. Attend, and if necessary, convene regular construction progress meetings. 7. For projects in which the improvements will be turned over to the City, review and recommend acceptance upon satisfactory completion of the improvements. 8. Make recommendations to the City staff regarding reduction or closing out letters of credit or other financial securities. 9. Review as-built drawings upon conclusion of privately installed projects that will be turned over to the city. Preparation of Engineering Reports and Technical Correspondence 1. Determine the need for preliminary studies; review all preliminary studies for compliance with ordinances, comprehensive plans, engineering standards and financial guidelines including; a. Feasibility reports b. Creating assessment rolls c. Plat reviews d. Utility studies e. Traffic studies/signalization/signage/forecasting f. State aid reports g. Surface water system analysis and design/SWMP implementation h. SWMP implementation including MS4 and NPDES monitoring and reporting. i. Review findings of wetland delineation and mitigation as it relates to building permit applications and public improvement projects. j. Planning and design for City parks, trails and recreational amenities k. Identification of grant opportunities for local improvements, and preparation of grant applications as directed l. Capital Improvement Program studies m. Prepare comments regarding reports, plans and studies of other agencies. n. Attends all City Council meetings and public hearings, neighborhood open houses, and other City related meetings as requested o. Presents feasibility studies and/or discuss engineering issues. Participates in City Meetings as needed, including: 1. Internal and external meetings involving engineering or pubic improvement questions and issues. 2. Meets with developer, staff and members of the public on proposed development projects in order to related to processes and procedures involved with engineering and infrastructure development. Reviews development proposals for conformance with City Standards and ordinances. 3. Under the direction of the Public Works Director and City Administrator, as the City liaison and City representative with other communities and local, county, state and federal agencies in areas of responsibility as may be required or directed. 4. Attends City Council meetings. 5. Attends City Council work sessions, Planning and Parks Commission meetings, and other City meetings as needed. Response to Constituent Requests and Issues as Directed by Staff 1. Perform field inspections as needed. 13 of 14 2. Address constituent concerns personally and in writing. 3. Makes public presentations. 4. Provides recommendations to staff and City Council. Record Keeping and Mapping/GIS Services – The engineering firm shall provide the following record- keeping and mapping services to the City: 1. Updates City maps and utility records as appropriate or necessary. 2. Maintains and provides to the City as required the following documents on the City’s record retention system: permits and applications, contract documents, addenda, copies of referenced standard specifications; project schedules; shop drawings and submittals; applicable correspondence; records of pertinent telephone and email exchanges; plans, specifications and engineer’s estimates, file memoranda and directives; change orders; requests and recommendations for payment; project budget and cost information; diaries and logs; record drawings in both hard copy and electronic format; project photographs; project studies and reports; project progress meeting minutes; other information as necessary or required. 3. Provides, hosts and maintains an electronic online GIS/GPS data base mapping system that may be accessed remotely in the field or in the office for general use by the City Staff, which includes all City utilities (water, sanitary sewer, storm sewer), other features as requested (electrical, signing, trails, sidewalks, cemeteries, ect.), infrastructure, map creation abilities, etc. Other Items: 1. Identify opportunities for non-traditional engineering techniques, such as the use of rain gardens, cisterns, pervious surfaces, and other green design elements. 2. Work with other engineering or planning consultants as desired by the City on specific projects. 3. The City desires to include a term in the contract to periodically review progress and overall satisfaction of the level of service provided to the City. The expected term for review shall be annually. 4. Provide 32 (thirty-two) hours of inhouse office hours located at the City of Shorewood City Hall or within general proximity of the City, to assist in addressing City related matters. 16 (sixteen) hours will be provided by Andrew Budde, the designated City Engineer, and 16 (sixteen) hours will be provided by Matt Bauman, the assistant City Engineer. 5. Provide no charge for Transitional Costs for transitioning from the City’s current engineering firm to Bolton & Menk, Inc. This is an estimated savings of $15,000 to the City of Shorewood. 6. Provide a GIS System Integration/Enhancement to the City’s current GIS system. This is an estimated savings of $10,000 to the City of Shorewood. 14 of 14 RESOLUTION 19- CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BOLTON & MENK TO PROVIDE ENGINEERING SERVICES TO THE CITY WHEREAS, The Shorewood City Council has directed city staff to negotiate a professional services agreement with the firm Bolton & Menk to provide engineering services to the city; and WHEREAS, The city and firm has reached a tentative agreement and city staff recommends City Council approval; NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Approves the professional services agreement with Bolton and Menk as presented. 2. Authorizes the Mayor and City Administrator, on behalf of the city, to sign the agreement or execute any other necessary documentation to validate the agreement. th Adopted by the City Council of Shorewood, Minnesota this 25 day of November 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood General Fund Statement of Revenues, Expenditures and Changes in Fund Balances Through the Month Ended October 31, 2019 (Unaudited) Prior CurrentCurrentCurrent FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 201910/31/1910/31/19Budget10/31/18 REVENUES: $ 5,530,322$ 2,859,29451.7%$ (2,671,028)$ 3,257,352 Taxes Licenses and Permits 232,225 444,932191.6% 212,707 473,601 Intergovernmental 152,100 100,30065.9% (51,800) 100,898 Charges for Services 53,885 68,978128.0% 15,093 50,639 Fines and Forfeitures 60,000 51,06685.1% (8,934) 51,759 Special Assessments - 6,516N/A 6,516 1,928 Miscellaneous 220,000 199,39390.6% (20,607) 183,735 Total Revenues 6,248,532 3,730,47959.7% (2,518,053) 4,119,912 EXPENDITURES: Current: General Government 1,430,985 1,153,33180.6% (277,654) 1,177,229 Public Safety 2,271,951 2,262,98299.6% (8,969) 2,165,751 Public Works 1,102,175 799,775 72.6% (302,400) 794,728 Parks and Recreation 328,532 195,22059.4% (133,312) 206,651 Total Expenditures 5,133,643 4,411,30885.9% (722,335) 4,344,359 Excess of Revenues Over (Under) Expenditures 1,114,889 (680,829)-61.1% (1,795,718) (224,447) OTHER SOURCES (USES): Transfers In 25,000 25,000100.0% - 25,000 Transfers Out (1,186,305) (1,646,305)138.8% (460,000) (1,163,895) Total Other Sources (Uses) (1,161,305) (1,621,305)139.6% (460,000) (1,138,895) Excess of Revenues & Other Sources Over (Under) Expenditures & Other Uses (46,416) (2,302,134)4959.8% (2,255,718) (1,363,342) FUND BALANCES: January 1 4,419,413 - 4,162,048 October 31$ 2,117,279$ (2,255,718)$ 2,798,706 BalanceBalance 20192018 CASH: $ 4,286,039$ 4,026,374 January 1 (2,261,156) (1,319,228) Increase (Decrease) in Cash October 31$ 2,024,883$ 2,707,146 City of Shorewood General Fund Statement of Expenditures and Other Uses by Program/Department Through the Month Ended October 31, 2019 (Unaudited) CurrentCurrentCurrentPrior FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 201910/31/1910/31/19Budget10/31/18 EXPENDITURES: Current: General Government Council 84,100 66,51679.1% (17,584) 65,012 Administration 492,899 383,75277.9% (109,147) 367,610 Elections - -N/A - 7,745 Finance 198,329 158,65780.0% (39,672) 156,608 Professional Services 251,500 207,05082.3% (44,450) 226,992 Planning 221,657 178,91480.7% (42,743) 198,058 Municipal Buildings 182,500 158,44286.8% (24,058) 155,204 Total General Government 1,430,985 1,153,33180.6% (277,654) 1,177,229 Public Safety Police Protection 1,481,949 1,380,63093.2% (101,319) 1,349,889 Fire Protection 651,969 678,797104.1% 26,828 651,925 Protective Inspections 138,033 203,555147.5% 111,749 163,937 Total Public Safety 2,271,951 2,262,98299.6% 37,258 2,165,751 Public Works City Engineer 89,500 52,620 58.8% (36,880) 57,311 Public Works Service 911,296 650,588 71.4% (260,708) 632,430 Ice and Snow Removal 101,379 96,567 95.3% (4,812) 104,987 Total Public Works 1,102,175 799,775 72.6% (302,400) 794,728 Parks and Recreation Park Maintenance 265,316 145,75454.9% (119,562) 161,757 Recreation 63,216 49,46678.2% (13,750) 44,894 Total Parks and Recreation 328,532 195,22059.4% (133,312) 206,651 Total Expenditures 5,133,643 4,411,30885.9% (676,108) 4,344,359 OTHER USES: Transfers Out: Southshore Center - Building 32,300 49,800 154.2% 17,500 38,000 Southshore Center - Operations 70,000 70,000 100.0% - 70,000 EDA Debt City Hall 92,005 92,005 100.0% - 93,895 Equipment Replacement 140,000 172,500 123.2% 32,500 135,000 Street Improvements 810,000 810,000 100.0% - 785,000 Park Capital 42,000 222,000 528.6% 180,000 42,000 Storm Water - Manor Pond - 230,000 N/A 230,000 - Total Transfers Out 1,186,305 1,646,305138.8% 460,000 1,163,895 Total Expenditures & Other Uses 6,319,948 6,057,61395.8% (216,108) 5,508,254 City of Shorewood Council Meeting Item Title / Subject: Water Efficiency Grant from Metropolitan Council 10A.3 Meeting Date: Monday, November 25, 2019 MEETING TYPE Prepared by: Julie Moore, Communications and Recycling Coordinator Regular Reviewed by: Sandie Thone, City Clerk/Human Resources Director Meeting Greg Lerud, City Administrator Background: The City of Shorewood was awarded a $19,000 water efficiency grant through the Clean Water, Land and Legacy Amendment and the Metropolitan Council. The city’s matching funds requirement is $6,340. The funds will be used to help residents swap out inefficient appliances with more efficient WaterSense- and Energy Star-labeled replacements. Timeline: The grant program period begins in January 2020 and ends June 2022. Additional program information will be provided when available from Metropolitan Council. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1