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07-13-20 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 13, 2020 7:00 P.M. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute §13D.02, the Shorewood City Council meetings will be held by electronic means. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. For link issues at meeting time, call 952.960.7906. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes from June 22, 2020 Minutes B. Approval of the Verified Claims List Claims List C. Appointment of Tim Kosek to LEO-Utilities position City Administrator D. Approval SLMPD-Excelsior Dock Patrol Agreement City Administrator E. Approval of 2020 City Code Update Supplement S-15 City Clerk/HR Director Memo Ordinance 572 Resolution 20-068 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING CITY COUNCIL REGULAR MEETING AGENDA – July 13, 2020 Page 2 8. ENGINEERING/PUBLIC WORKS A. Amendment to Professional Service Agreement, Barr Director of Public Works Memo Engineering for Grant Street Drainage, City Project 18-04 Resolution 20-069 B. Professional Services Agreement, WSB and Associates Director of Public Works Memo for Construction Inspection and Engineering Services, Resolution 20-070 Woodside Road/Lane Reconstruction, City Project 19-04 C. Professional Services Agreement, WSB and Associates Director of Public Works Memo for Construction Inspection and Engineering Services, Resolution 20-071 Enchanted and Shady Island Reclaim, City Project 18-11 9. GENERAL/NEW BUSINESS A. Calling for Bond sale for projects City Administrator Memo Resolution 20-072 B. Presentation by Tim Litfin, Minnetonka School District 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 REGULAR MEETING COUNCIL CHAMBERS MONDAY, JUNE 22, 2020 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. Due to the Centers for Disease Control’s recommendation limiting the number of people present at a meeting and pursuant to MN Statute 13D.02, the Shorewood City Council was held via electronic means. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Siakel moved, Labadie seconded, approving the agenda as presented. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes from June 8, 2020 B. Approval of the Verified Claims List C. Appointment of Emma Notermann as Planning Technician D. Approve Purchase of Dehumidification System for Amesbury Well Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 3. MATTERS FROM THE FLOOR - NONE CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 2 of 10 4. PUBLIC HEARING A. Mary Lake Outlet, City Project 19-09 City Engineer Budde gave an overview of the feasibility study for the Mary Lake Outlet project, a land locked lake with no natural outlet. He stated that over the last six years, the City has pumped Mary Lake three times. He noted that there are currently two structures that do not meet current zoning requirements that are the most at risk. He gave an overview of the possible outlet routing options and explained that the best option was to route eastward using existing right-of-way to Studer Pond. He stated that staff is recommending Alternative One using an eight-inch pipe with an outlet at normal water level of Mary Lake. He noted that as part of the feasibility study they had completed a topographic survey, updated the hydraulic modeling and updated the cost estimates. He explained that both open cut construction and directional drilling would be used for this project. He gave examples of one-hundred-year flood events and what would happen in its current condition as well as the proposed condition with the eight-inch outlet. He noted that the structures at 23955 Clover Lane and 23950 Elder Turn do not currently meet the City’s zoning ordinance, but they are grandfathered in because the ordinance applies to new structures. He explained that the City is not trying to fix this issue and bring them into compliance but would like to reduce the risk associated with them being damaged. He gave an overview of the hydrograph results for the Studer Pond Water levels with the proposed improvements. He noted that the structure at 23445 Smithtown Road does not meet the zoning requirement and in this case, the project does not make the situation better or worse. He stated that this project would not be assessed and is estimated to cost approximately six hundred fifty-four thousand dollars. He reviewed the permitting and approvals that will be necessary to complete the project. He gave an overview of the proposed schedule and noted that staff is estimating that construction will begin in late September or early October of 2020. He stated that the plan would be for the project to be substantially completed by late November of 2020. Mayor Zerby opened the public hearing for comment at 7:21 p.m. Kenneth Huskins, 24075 Mary Lake Trail, asked about the retention pond adjacent to his property and whether there would be any consequences to this pond with the City’s proposed solution. City Engineer Budde stated that there should not be any impact to that retention pond. Mr. Huskins asked whether the grading was completed to connect the north part of the lake with the main body of the lake whether they may be any bi-directional flow of the water. City Engineer Budde stated that they he does not think there will be any significant bi-directional flow. He stated that there may be a minor flow, but by creating a channel, it is making a way for it to look, act and operate as one basin. He explained that because the outlet is on the north side, that is generally the direction the water will drain. He stated that he is not concerned about bi- directional flow in this situation. Mr. Huskins asked about the budget estimate and whether there is a plus or minus associated with it for potential overage of underage of the estimated costs for the bids that may come in. City Engineer Budde stated that he believes the estimate given is on the high side and as long as there are no unforeseeable issues, he expects the bids to come in under the amount he has estimated. Roger Lubke, 5915 Minnetonka Drive, noted that the picture that was shown for the directional drilling showed a very small pipe. He stated that there is an eight-inch pipe coming out of Mary Lake and asked if he was missing something based on what was shown in the pictures. He stated that his biggest question is regarding funding. He stated that City Engineer Budde stated that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 3 of 10 there would not be assessments for this project and asked if that meant everyone in the City would be paying for this project. He stated that in his opinion, this project directly benefits the residents that live near Mary Lake and not the general City population and asked why tax payer dollars would be used to fund this project.. City Engineer Budde stated that the picture shown of the direction drill mechanism had a three- inch diameter head. He stated that in this case, there will be a larger head put onto the machine in order to accommodate the eight-inch pipe. He stated that the City’s policy is not to assess for any projects. He stated that the City is planning to use some money from the general fund, but also to bond for some of the costs. City Administrator Lerud clarified that stormwater is an Enterprise Fund so stormwater utility fees are used to finance storm water projects, and no general fund money will used for this project. Mr. Lubke asked whether this would be carrying the nutrients from all the surrounding lawns all the way into Lake Minnetonka. Councilmember Siakel explained that almost all of the water on the western side of the City eventually makes it way to Lake Minnetonka. She stated that it has been quite a while since the City banned phosphorus from fertilizers so there has been quite a bit done to try not to have excess chemicals flow through the water system. Mr. Lubke stated that he would think that what would make the most sense is to have this water drain into some sort of pond where there are reeds and other vegetation, so the water is mitigated before it would run into a lake. He stated that one of the alternatives presented was for this to go into some sort of wetland before going into Lake Minnetonka which he thinks is a bit more environmentally friendly. He noted that he was not trying to criticize this plan, but would like to know if this situation has been thoroughly thought through. City Engineer Budde stated that the City has not done water quality testing of what is in Mary Lake versus anything downstream. He noted that if you look at historical photos, Studer Pond has been a wetland. He noted that when the water leaves Studer Pond, it will go through another wetland system before it makes it way to Lake Minnetonka. He stated that this water will go through two basins before it gets to Lake Minnetonka. Mayor Zerby explained that this plan also requires approval by the Minnehaha Creek Watershed District who looks very closely at these types of things. Nicole Rubinger 24035 Mary Lake Trail, stated that from the information presented, her understanding is that it only costs about $16,000 to pump down the level of the lake, why the City would be looking at spending over $600,000. City Engineer Budde explained that it cost that much to pump down the lake, not including city staff time. He noted that this has had to be done a number of times over the last ten years. Ms. Rubinger asked about the cost benefit of moving forward with this project versus if the City keeps on doing what it has been doing. Councilmember Siakel stated that she thinks there is probably a better way to drain it than the way it has been done in the past. She stated that there have been a number of residents that have come forward over a number of years to ask the City to do something to correct the situation. She reiterated that the City does not assess for this type of project and explained that the City took a look at the needs of the entire western portion of the City with regarding to water issues. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 4 of 10 Director of Public Works Brown stated that the City has had to seek emergency permitting from the DNR for past pumping that needed to be done. He explained that with the proposed design of an eight-inch pipe, their hope is to gradually drain down the lake during heavy rain events rather than holding off and waiting until the last minute when homes are in danger. He stated that the pumping can cause more environmental damage such as erosion and dumping nutrients because of it being pumped rather than flowing. Councilmember Johnson stated that for the residents that live near the pump location, they have about six weeks of hearing the loud noise of the pump which becomes a quality of life issue for nearby residents. Public Works Director Brown stated that they also had to cross driveways in the area with the equipment and people definitely got tired of it. Brett Brooks, 23610 Gillette Curve, asked about the required easement and why the existing easement cannot just be used. City Engineer Budde reviewed the location of the existing easement and the proposed easement. He explained that in order to directionally drill, there needs to be a fairly straight path for the equipment to be able to work which is why the proposed easement is there. Mr. Brooks stated that when the watermain easement originally went in, it was proposed in almost the same location as is suggested for this project. He explained that the property owners did not want an easement in that location and sought legal action to get it moved to a different location. He stated that the City has said that this project will have a positive impact on the properties surrounding Mary Lake, but it will have a detrimental impact on the property where the easement is required. He noted that they had written a letter opposing this easement. City Engineer Budde stated that the City did receive the letter. He noted that there are a few changes that can be made to the design but the City will need an easement from this property owner or one off of Wood Duck Circle. He noted that the current recommendation is, in his opinion, the best route, but the City can consider some other options, if necessary. Councilmember Siakel asked what Mr. Brooks meant by this project being detrimental to this property. Mr. Brooks stated that his understanding is that the property owner cannot do anything on top of the easement so it makes that portion of the property virtually unusable. Garrett Nordling, 5810 Minnetonka Drive, asked if this project will improve water quality or if there will be any side effects on Mary Lake. City Engineer Budde stated that he does not envision any significant water quality or side effects on Mary Lake. Ms. Rubinger, stated that there are a lot of turtles and other animal life in Mary Lake and asked if there will be any change in animal behavior or their habitat related to this project. City Engineer Budde stated that what this does for Mary Lake is make the water level consistent over the whole season rather than having the levels bounce up in elevation. He stated that if there are birds or animals that have their nests along the shore, they will be less impacted with this proposed project than in their current condition. He noted that the City will also be seeking a permit from the DNR for this project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 5 of 10 Susan Louris, 556 Williams Street, stated that their property backs up to Studer Pond. She asked if there was a 100-year water event, how much Studer Pond would rise. City Engineer Budde stated that it would raise it about one inch. Jeff Pomeroy, 23955 Clover Lane, asked about the open trenching along Clover Lane, which side of the road it will be on, and what will happen with the soil that is dug out for the project. City Engineer Budde stated that they have located the utilities already, and are proposing to put the pipe on the north side of Clover Lane within the City right-of-way. He stated that he believes that the dirt piles would get placed on the road. He stated that they will also do restoration with seeding. Mr. Lubke asked if the pipe and plans were sufficient so there would not be a situation where Studer Pond may overflow backwards into Mary Lake. City Engineer Budde explained that there is about twenty-five feet of fall between Mary Lake and Studer Pond so it should not be an issue. There being no additional public comment, Mayor Zerby closed the public hearing at 7:52 p.m. 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for Woodside Road/Woodside Lane Street Improvement and Watermain Extension, City Project 19-04 Public Works Director Brown explained that Katie Koscielak from WSB has been working with the Department of Indian Affairs and asked her to give an update to the Council. Katie Koscielak, WSB, gave an overview of the reclamation and watermain improvements at Woodside Road and Woodside Lane and noted that there will only be watermain improvements along Kathleen Court. She gave an overview of the archeological investigation and noted that not much has changed since her last update. She stated that the entities involved have indicated that the project can move forward with a monitoring plan as proposed. She stated that there were seven bids opened on June 16, 2020. She indicated that the low bid was from New Look Contracting for a total of $861,316. She gave an overview of the anticipated schedule and noted that construction should begin in mid-July of 2020 and be completed by October of 2020. She explained that because of COVID-19 they will not be meeting in larger groups so they will be getting some newsletters and other forms of communication out to residents so they are informed about what is going to be happening. Councilmember Siakel stated that she wants to ensure that the residents in this area know that this is coming and that there is good communication. Ms. Koscielak stated that they put some frequently asked questions on the website a few weeks ago about what they can expect during the reclamation project. She noted that she has been working with Communications Coordinator Moore on getting in touch with residents to let them know the project is coming. She stated that they sent out an update about a week ago and have already received four phone calls from people hoping to coordinate the open house at their home. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 6 of 10 Councilmember Johnson stated that he also believes that there has been construction signage up for quite a while. Public Works Director Brown stated that in addition to construction signage, the City has also been working with residents as Center Point Energy has also been in the area completing work. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20-062, “A Resolution Accepting Bids and Awarding Contract for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye B. Accept Bids and Award Contract for Enchanted Island and Shady Island Street Reclamation Project, City Project 18-11 Public Works Director Brown stated that this is a similar project to the Woodside project and asked Ms. Koscielak to give an update to the Council. Ms. Koscielak, WSB, gave an overview of the reclamation improvements on Enchanted Lane; Enchanted Drive; Enchanted Circle; Dellwood Lane; Shady Island Road; Shady Island Circle; Shady Island Point; Shady Island Trail; and the possibility of including the alternate improvement on Enchanted Point. She stated that the State Historical Preservation Office has indicated that that the City can also move forward with this project with monitoring when construction begins. She stated that they received five bids for this project with the lowest being from Northwest Asphalt, Inc. She noted that this bid is also came in below the engineering estimate for project cost. She stated that she is recommending moving forward with the base bid and excluding the alternate. She stated the residents along Enchanted Point expressed interest in have an otta seal at some time in the future to stabilize Enchanted Point rather than including it in this project. She reviewed the anticipated schedule and noted that construction should begin in July and end in October of 2020. She reiterated that because of COVID-19 they will be using alternative methods to communicate with residents prior to construction. She noted that they will also be including Minnetrista in the mailings and weekly updates. Mayor Zerby stated that he has gotten calls from two residents who live on Enchanted Point and are concerned because there is a portion of the road that is asphalt and not gravel which was placed there by private citizens and not the City. He stated that the residents were concerned about how the City would be dealing with that different surface. Ms. Koscielak stated that they can take a look at the subsurface materials and see what they have and perhaps have a portion of it be taken care of the planned improvements. Mayor Zerby asked that they do that because it is important for these residents to have an understanding of what their expectation is when the project is completed. Councilmember Labadie stated that she is happy that the City is including Minnetrista in the communications. Councilmember Siakel asked for clarification of the parameters of the project. She stated that her understanding is that it is just the main project bid and not the gravel road on Enchanted Point, but will include taking a look at the two properties on Enchanted Point to see what type of materials and surfacing was used for their privately paved portion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 7 of 10 Mayor Zerby confirmed that this is what the Council had been discussing. Brian Murdock, 4540 Enchanted Point, asked if there was any further discussion about paving his road. Mayor Zerby explained that at this point, the Council is not planning to make any changes to Enchanted Point other than the minor improvement with an otta seal at some time in the future. Mr. Murdock thanked the Council and noted that he feels the neighbors are all in agreement that they would like this solution. Labadie moved, Sundberg seconded, Adopting RESOLUTION NO. 20-063, “A Resolution Accepting Bids and Awarding the Contract for the base project for the Enchanted Island and Shady Island Street Reclamation Project, City Project 18-11.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye C. Approve Feasibility Study and Authorize Plans and Specifications for Mary Lake Outlet, City Project, 19-09 City Engineer Budde gave an overview of the feasibility study the Mary Lake Outlet project. He explained that staff is recommending that the City continue to seek the variance from the Minnehaha Creek Watershed District for changes to the water elevation of Studer Pond. He stated that they will also be seeking municipal consent from the City of Excelsior. He noted that he is hopeful that the permitting process through the Minnehaha Creek Watershed District will be completed by October. He explained that if there are any issues with the permit, it could delay the construction to late season 2020 or possibility into 2021. He stated that he will make sure to keep the Council apprised of how things are going with the permitting process so they can plan accordingly. Councilmember Siakel stated that she supports finding a solution for Mary Lake. She stated that she is thinking about the comments from Mr. Brooks about two easements going through their property and asked staff to work with the residents to limit the overall impact to their property. Mayor Zerby asked whether the feasibility study needed to be complete before the City could ask the permitting agencies to move forward. City Engineer Budde explained that the feasibility study and plans do not need to be fully completed and should be at a point within a few weeks to submit the information. Mayor Zerby stated that he had some concerns over how Excelsior will handle this but noted that he believes they have a similar project coming up that will drain through Shorewood. City Engineer Budde stated that he is not aware of that plan from Excelsior. Mayor Zerby asked staff to look into this issue. Planning Director Darling stated that she is aware of the project that Mayor Zerby is referring to and believes the City of Excelsior has been working exclusively with the two adjacent property owners and not the City. Councilmember Labadie thanked City Engineer Budde for his thorough reports and pictures of directional drilling. She stated that she also has concerns with the potential double easement on the property referenced by Mr. Brooks. She noted that she believes this is a good permanent solution for the residents in the area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 8 of 10 Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 20-064, “A Resolution to Approve Feasibility Study and Authorize Preparation of Plans and Specifications for the Mary Lake Outlet Project, City Project, 19-09, while also giving consideration to the request regarding easement concerns. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye D. Approve Feasibility Study and Authorize Preparation of Final Plans for Shorewood Oaks Drainage, City Project 20-04 City Engineer Budde gave an overview of the feasibility study and plans for the Shorewood Oaks drainage project. He reviewed the background of the existing situation which was a tile system installed under the streets. He explained that it was believed to be for sump pump discharge, footing drains and lowering the ground water and does connect to the sewer system. He gave examples of several times when the sump pumps have failed, and water has backed up into nearby basements. He stated that this area was also evaluated as part of the Western Shorewood Drainage Study. He explained that the proposed improvements are to install a catch basin onto existing tile near the right-of-way and property line. He stated that this should allow for excess flows to overflow rim of structure and drain to the street. He noted that they would like to confirm connection to existing footing drainage via televising. He reviewed the project costs and noted that there will be no assessments for this project. He stated that the estimate at this stage is two hundred seventeen thousand dollars. He reviewed the proposed schedule and noted that construction should begin by mid-September and be substantially complete by November of 2020. Don Aslesen, 26055 Shorewood Oaks Drive, thanked the Council and City Engineer Budde for their work on this issue. He stated that he had hired Matt’s Plumbing do scoping to take a look at the line. He stated that he does not believe the catch basin solution will solve the problem at his property and thinks that it may just need to be capped in his situation. He stated that he is happy to have a conversation with City Engineer Budde about this situation and share the information he has been able to gather. Dave Eisenmann, 26320 Shorewood Oaks Drive, stated that he wanted to echo what Mr. Aslesen shared. He stated that he really appreciates the City taking action on this issue and thanked City Engineer Budde for working with him and having conversations about what is going on. He stated that he is happy to work with the City on coming up with a workable solution. He stated that he also does not think the catch basin is a solution that will work for his household but is glad they are planning to investigate other possible solutions, especially by televising the connections. He reiterated his thanks to the City for working on this problem. Mr. Aslesen stated that he thinks what has already helped alleviate some of problems was paving the parking lot at the ballfields and elevating it on the west side. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20-065, “A Resolution Approving the Feasibility Study and Authorizing Preparing Plans and Specifications for the Shorewood Oaks Drainage Project, City Project 20-04.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 9 of 10 E. Accept Proposal from Total Control for Replacement of Programmable Logic Controller at Badger Well Public Works Director Brown stated that this is the last of the programmable logic controls for the City’s wells. He gave a brief overview of how the programmable logic controls work. He stated the PLC was included for replacement in this year’s budget and staff is recommending approval. Johnson moved, Sundberg seconded, Adopting RESOLUTION NO. 20-066, “A Resolution Accepting the Proposal from Total Control Systems, Inc. for Replacement of the PLC at Badger Well Facility. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye F. Approve Plans and Specifications and Authorize Advertisement for Bids for Beverly Drive and Cajed Lane Drainage Project, City Project 20-03 City Engineer Budde gave an overview of the final plans and specifications for the Beverly Drive and Cajed Lane Drainage project. He reviewed the updated alignment of the drain tile and plans to utilize the existing drainage and utility easements. He stated that a portion of it will be open cut and a portion will be directionally drilled. He noted that the City will need to get right-of-entry and easements for two properties as part of this project. He noted that if approved, they are anticipating substantial completion by November 1, 2020 with final restoration by June 1, 2021. He stated that this is projected to come in significantly under budget. The Council commended City Engineer Budde for his work on all the upcoming projects in the City. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20-067, “A Resolution to Approve Plans and Specifications and Authorize Advertising for Bids for the Beverly Drive and Cajed Lane Drainage Project, City Project 20-03.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. May 2020 General Fund Budget Report Finance Director Rigdon gave a brief overview of the May 2020 General Fund budget report. He noted that building permits are down a bit from last year at this time. Other Public Works Director Brown stated that crews are finishing up watermain flushing this week and will move into patching and tree work. Planning Director Darling stated that Eddie Station repainting project is finished. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 10 of 10 B. Mayor and City Council Councilmember Sundberg expressed her appreciation to the City staff for doing such a dynamite job amidst the COVID-19 pandemic situation. She noted that she is happy that the City is moving forward with so many of these Public Works projects. 11. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Regular Meeting of June 22, 2020, at 8:54 P.M. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: July 13, 2020 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid Background: Claims for council authorization. 66227- 66256 & ACH 381,097.78 Total Claims $381,097.78 We have also included a payroll summary for the payroll period e June 22 & July 5, 2020. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our resident budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay thes 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 candidate pool was small but well qualified. Four applicants were invited to participate in a “hands-on” exercise to gauge their skill in equipment operation, and then they completed an interview with Public Works Director Brown, Lead PW Supervisor Baumann, two members of the public works department, City Clerk/Human Resources Director Thone, and City Administrator Lerud. A finalist was selected from that process and they completed a suitability/aptitude assessment by Lisa Sorenson. Staff is please to recommend the conditional appointment of Tim Kosek. Tim has over 20 years of experience in public works departments in Howard Lake and Winsted. Recommendation / Action Requested : Staff recommends approving the following LEO - Utilities conditional job offer to Tim Kosek: 1. Starting salary of $30.25 per hour. 2. Six-month probationary appointment with performance review at the end of six months. 3. All other benefits governed by the union contract and/or city personnel policy. Staff recommends council approval be conditioned on the follow tests/exam with results acceptable to the city: Background check by South Lake Minnetonka Police Department, physical exam, and a drug and alcohol test. Next Steps : If the Council approves hiring Mr. Kosek, we will let the candidate know. We anticipate he will start within two weeks upon satisfactory completion of the background check, physical exam and drug test. 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 #2D Title/Subject: Excelsior Approve Agreement between SLMPD and City of for summer dock and park patrol services Meeting Date: July 3, 2020 MEETING Prepared by: Greg Lerud, City Administrator TYPE REGULAR Attachments: Memo from Chief Meehan & 2020 Park and Dock Patrol Services contract Background: Each year, the City of Excelsior enters into an agreement with the SLMPD for dock and park patrol services. The Joint Powers Agreement allows a member community to contract with the SLMPD for additional services provided these services do not use existing SLMPD staff. All costs are the responsibility of the contracting city and the other member cities must approve the agreement. Financial or Budget Considerations: There are no financial considerations. Options: Approve the agreement between Excelsior and the SLMPD, deny approval, or request additional information. Recommended Action: Staff recommends the Council approve the agreement between Excelsior and the SLMPD for the 2020 summer dock and park patrol services. Next Steps and Timeline: Staff will notify the SLMPD and the City of Excelsior of the Council’s decision. 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 ITEM 2E MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Ordinance 572 Codification 2020 City Code Supplement S-15 Meeting Date: Monday, July 13, 2020 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Greg Lerud, City Administrator Attachments: Ordinance 572 Codification 2020 City Code Supplement S-15 Resolution 20- Allowing for Summary Publication Background: On November 22, 2004, Council adopted Ordinance 409 which approved the Municipal Code Book codification provided by American Legal Publishing Corporation and the League of MN Cities. Fourteen (14) supplements have been completed since the initial codification. The fifteenth supplement (S-15) to the City Code contains ordinances up through and including Ordinance 571. This ordinance, if so adopted, shall take effect upon publication in the city’s official newspaper. Financial or Budget Considerations: Budget Item: Administration Budget: Cost of the S-15 Supplement does not exceed budgeted funds. Recommendation/Action Requested: 2 Motions Required as Outlined Below: Motion: 1) Staff respectfully requests the city council adopt Ordinance 572 Codification of Ordinances for 2020 Supplement S-15 to the Shorewood City Motion, Second, Code, provided by American Legal Publishing Corporation. and Majority required. 2) Motion: Staff respectfully requests the city council approve Resolution 20- for the Summary Publication and Content as described in the attached summary Motion, Second and Four-Fifths Vote required. publication. Connection to Vision /Mission : Consistency in providing the community with quality public services. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE 572 AN ORDINANCE ENACTING AND ADOPTING THE 2020 S-15 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA American Legal Publishing Corporation of Cincinnati, Ohio, has completed the Fifteenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 571 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and it is the intent of the City of Shorewood to accept these updated sections, as outlined in Supplement S-15, available for review and inspection at City Hall and on the City’s website in its entirety. NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the fifteenth supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2020 S-15 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 13th day of July 2020. __________________________ Scott Zerby, Mayor ATTEST: ____________________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-XX A RESOLUTION APPROVING PUBLICATION OF ORDINANCE 572 ENACTING AND ADOPTING THE 2020 S-15 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD WHEREAS, at a duly called meeting on July 13, 2020, the City Council of the City of Shorewood adopted Ordinance 572 entitled “ORDINANCE 572 ENACTING AND ADOPTING THE 2020 S-15 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA; and WHEREAS , The City Council has adopted annual supplements to the code of ordinances since its approval of the codification process in 2004. This supplement S-15 contains ordinances up through and including 571. The purpose of the summary is to inform the public of the intent and effect of the ordinance while saving the expense of publishing the entire ordinance. The full and complete ordinance is on file in the office of the City Clerk. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the attached Summary Publication of Ordinance No. 572 clearly informs the public of intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 572 by title and summary, pursuant to Minnesota Statutes, Section 412.191, subd.4. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. ADOPTED by the Shorewood City Council on this 13th day of July 2020. ATTEST: Scott Zerby, Mayor ________________________________ Sandie Thone, City Clerk (Official Publication) CITY OF SHOREWOOD HENNEPIN COUNTY, STATE OF MINNESOTA SUMMARY PUBLICATION ORDINANCE 572: AN ORDINANCE ENACTING AND ADOPTING THE 2020 S-15 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA Section 1. American Legal Publishing Corporation of Cincinnati, Ohio, has completed the fifteenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 572 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood. It is the intent of the City of Shorewood to accept these updated sections, as outlined in Supplement S-15 available at city offices and on the city’s website in its entirety. The Shorewood City Council ordains that the fifteenth supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2020 S-15 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood on July 13, 2020. s/s Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-069 A RESOLUTION ACCEPTING AN AMMENDMENT TO THE PROPOSAL FOR PROFESSIONAL SERVICES FROM BARR ENGINEERING FOR ENGINEERING SERVICES FOR THE GRANT STREET IMPROVEMENT PROJECT, CITY PROJECT 18-04 th WHEREAS, On June 10, 2019, the City Council approved an Agreement for Professional Services with Barr Engineering to perform a hydrological and hydraulics analysis for ; the Grant Street Projectand th WHEREAS, On June 9, 2020 additional issues were identified by permitting agencies that resulted in an expanded scope from the original project; and WHEREAS, Staff solicited a proposal from Barr Engineering to amend the original contract for professional services to include hydraulic analysis, reporting and plan preparation, outside of the original scope of the project; 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 accepts the proposal by Barr Engineering for an amendment to the original contract for an additional amount, not to exceed $43,400, for a revised total contract amount of $88,100. 2020. Passed by the City Council of Shorewood, Minnesota this 13 th day of July, _______________________ Scott Zerby, Mayor Attest: __________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-0XX A RESOLUTION ACCEPTING A PROPOSAL FOR PROFESSIONAL SERVICES FROM WSB FOR CONSTRUCTION ENGINEERING SERVICES FOR THE WOODSIDE ROAD AND WOODSIDE LANE PROJECT, CITY PROJECT 19-04 WHEREAS, On April 27, 2020, the City Council approved plans and specifications, and authorized advertisement for bids for the Woodside Road and Woodside Lane ; Street Reclamation and Watermain Extension Project, City Project 19-04and WHEREAS, On June 11, 2020, the City received bids for said project; and WHEREAS, On June 22, 2020, the City Council awarded the contract to New Look Contracting, Inc.; and WHEREAS, Staff solicited a proposal for professional services for construction engineering for said project from WSB and Associates, Inc.; 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 accepts the proposal by WSB and Associates, Inc. for Construction Engineering Services for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04. 2020. Passed by the City Council of Shorewood, Minnesota this 13 th day of July, _______________________ Scott Zerby, Mayor Attest: __________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-0XX A RESOLUTION ACCEPTING A PROPOSAL FOR PROFESSIONAL SERVICES FROM WSB FOR CONSTRUCTION ENGINEERING SERVICES FOR THE ENCHANTED AND SHADY ISLANDS STREET RECLAMATION PROJECT, CITY PROJECT 18-11 WHEREAS, On April 27, 2020, the City Council approved plans and specifications, and authorized advertisement for bids for the Enchanted Island and Shady Island ; Street Reclamation Project, City Project 18-11and WHEREAS, On June 16, 2020, the City received bids for said project; and WHEREAS, On June 22, 2020, the City Council awarded the contract to New Look Contracting, Inc.; and WHEREAS, Staff solicited a proposal for professional services for construction engineering for said project from WSB and Associates, Inc.; 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 accepts the proposal by WSB and Associates, Inc. for Construction Engineering Services for the Enchanted Island and Shady Island Street Reclamation Project, City Project 18-11. 2020. Passed by the City Council of Shorewood, Minnesota this 13 th day of July, _______________________ Scott Zerby, Mayor Attest: __________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A Title/Subject: Approving Bond Sale Meeting Date: July 13, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Joe Rigdon, Finance Director REGULAR Attachments: Letter from Shannon Sweeney, Resolution Background: The City Council held a public hearing on the Street Reconstruction Plan on May 11, 2020. Since that time, staff has been working to move projects forward, with three already bid and several more in the process. The CIP proposes to use bond proceeds to fund a majority of the work, and the next step is calling for a bond sale. Finance Director Rigdon, Shannon Sweeney with David Drown and Associates, and I visited about the climate for issuing bonds, and it is a very favorable environment for issuing bonds with interest rates near historic lows. We had originally planned to request the council consider a sale in the third quarter this year, but we want to take advantage of the current environment now. In addition, the Smithtown project was scheduled to start in 2021. City Engineer Budde has indicated that he believes that project could be bid later this year, and allow the contractor to work off season, which should provide competitive bids. For that reason, we have included the estimated cost of the pond construction in this bond issue. Financial or Budget Considerations: Mr. Sweeney will be at the council meeting to go through the process with the council. The bond financing estimates are included at the end of his letter to the council. Recommended Action: Staff recommends calling for a bond sale, which can be done by adopting the attached Resolution by a simple majority. Next Steps and Timeline: Staff has already completed work for the bond certificate, and should the council vote to proceed, staff will have an rating call with Standard and Poors, and they will then issue a bond rating in advance of the sale. 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 Cologne Office: DDA 10555 Orchard Road Cologne, MN 55322 David Drown Associates, Inc. Phone: (952) 356-2992 Public Finance Advisors shannon@daviddrown.com July 7, 2020 City of Shorewood Attn: Greg Lerud, City Administrator 5755 Country Club Road Shorewood, MN 55331 RE: 2020 Street & Utility Reconstruction Project Honorable Mayor, Council Members, and Administrator Lerud: The City of Shorewood has previously adopted a 5-year Street Reconstruction Plan that includes projects from the 10-year Capital Improvement Plan. A number of those projects are being implemented in 2020 and will be financed through the issuance of General Obligation Street Reconstruction and Utility Revenue Bonds to be issued by the City. Projects being initiated in 2020 include the following along with their estimated cost: Project: Estimated Cost: Lake Mary Drainage Outlet 558,000 Beverly Drive Wetland 720,000 Shorewood Oaks Drainage 190,000 Enchanted/Shady Island Road Reclaim 1,161,140 Woodside Road Reclaim 1,020,000 Grant Street Drainage 250,000 Lafayette Avenue Reclaim 255,700 Smithtown Ponds 3,065,280 Strawberry Right-of-Way 150,000 Total Estimated Cost: $7,370,120 If the Council determines that it is appropriate to initiate financing for the 2020 Street & Utility Construction and Reconstruction Projects, our recommendations for the structure and sale of bonds would include the following: Project Cost: Construction & Engineering $7,370,120.00 Underwriting 60,000.00 Finance & Legal 42,250.00 Rating Fee 17,000.00 Capitalized Interest 13,528.02 TOTAL PROJECT COST: $7,502,898.02 The funding sources to be utilized to finance project costs are summarized below: General Obligation Bonds $7,500,000.00 Construction Fund Earnings 2,898.02 TOTAL FUNDING SOURCES: $7,502,898.02 Payment and Revenue Requirements: The City of Shorewood will be required to pledge a tax levy (authorized in the Street Reconstruction Plan), water, storm sewer, and sanitary sewer system revenues for the repayment of this bond issue. Estimated revenues needed to service this bond issue are projected on the attached preliminary debt service schedule. Street reconstruction projects are proposed to be financed over a 12-year term, and utility construction/reconstruction projects are proposed to be financed over a 20-year term. Please note that I have phased in principal payments on stormwater projects over a period of 4-years to allow for the implementation of a series of rate increases. $7,500,000 General Obligation Street Reconstruction & Utility Revenue Bonds: If the Council chooses to finance the project as proposed, David Drown Associates, Inc. recommends the following: Approximately 20-year term on the project financing (12-years on street costs) Bonds callable any time after 2/1/2027 Sale of bonds utilizing a competitive sales process. We do recommend purchasing a Standard & Poor’s Rating Schedule and Issuance: If determined to be appropriate to proceed, the proposed schedule would be as follows: July 13, 2020 Authorize Sale Process August 10, 2020 Award Sale of Bond Issue August 25, 2020 Closing Attached you will find a resolution initiating the bond sale process. We recommend that the City Council approve this resolution if it is determined to be appropriate to proceed with the project financing as proposed. Please feel free to contact me with any questions regarding the attached materials. Thank you for your time and consideration. Sincerely, Shannon Sweeney David Drown Associates, Inc. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 2020 – PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $7,500,000 GENERAL OBLIGATION STREET RECONSTRUCTION AND UTILITY REVENUE BONDS, SERIES 2020A AWHEREAS . , the City Council of the City of Shorewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $7,500,000 General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2020A (the "Bonds") to provide financing for the 2020 Street Reconstruction and Utility Projects as outlined in the City’s 10-year Capital Improvement Plan; BWHEREAS . , the City has retained David Drown Associates, Inc., in Minneapolis, Minnesota ("David Drown"), as its independent municipal advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, as follows: 1. Authorization. The Council hereby authorizes David Drown to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting; Bid Opening. The Council shall meet at the time and place specified in the Terms of Offering attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Administrator, or designee, shall open bids at the time and place specified in such Terms of Offering. 3. Terms of Offering. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Offering" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with David Drown and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. th Adopted this 13 day of July, 2020. ___________________________ Mayor Scott Zerby ATTEST _____________________ Sandie Thone, City Clerk