02-14-21 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, FEBRUARY 14, 2022 7:00 P.M.
For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for
the meeting link. Contact the city at 952.960.7900 during regular business hours with questions.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Labadie___
Siakel___
Johnson___
Callies___
Gorham___
B. Review and Adopt Agenda
Attachments
2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening
under a single motion. These items have been reviewed by city council and city staff and there shall be no further discussion by the
council tonight on the Consent Agenda items. Any council member or member of city staff may request that an item be removed from
the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, we can answer
those now.
Motion to approve items on the Consent Agenda & Adopt Resolutions Therein:
A. City Council Work Session Minutes of January 24, 2022 Minutes
B. City Council Regular Meeting Minutes of January 24, 2022 Minutes
C. Approval of the Verified Claims List Claims List
D. Accept Donation from Lucky’s Station, LLC for 2022 Arctic Parks and Rec Director Memo
Fever Event Resolution 22-011
E. Appointment of Public Works Utility Operator and Director of Public Works Memo
Authorization to Advertise for Light Equipment Operator
F. Commission Appointments City Clerk/HR Director Memo
Resolution 22-012
G. Accept Improvements and Authorize Final Payment for Director of Public Works Memo
Enchanted and Shady Islands Reclaim Project, Resolution 22-013
City Project 18-11
3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on
tonight's agenda, to the attention of the mayor and council. When you are recognized, please use the raise your hand feature. Please
identify yourself by your first and last name and your address for the record. After this introduction, please limit your comments to
three minutes. No action will be taken by the council on this matter, but the mayor or council could request that staff place this matter
on a future agenda. (No Council Action will be taken)
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
6. PARKS
7. PLANNING
A. Request for Time Extension to Correct Code Violations Planning Director Memo
Location: 5885 Hillendale Road Resolution 22-014
B. Request for Time Extension to Correct Code Violations Planning Director Memo
Location: 5765 Echo Road Resolution 22-015
8. ENGINEERING/PUBLIC WORKS
A. Strawberry Lane: Final Design Direction, City Project 19-05 City Engineer Memo
Resolution 22-016
B. Grant Street Drainage: Accept Bids and Award Contract, City Engineer Memo
City Project 18-04 Resolution 22-017
Resolution 22-018
9. GENERAL/NEW BUSINESS
A. Flexible Work Arrangement Policy City Clerk/HR Director Memo
B. American Rescue Plan Act of 2021 Funds Finance Director Memo
Resolution 22-019
10. STAFF AND COUNCIL REPORTS
A. Staff
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, JANUARY 24, 2022 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 6:00 P.M. She noted that the meeting was being
held electronically and all votes would be taken via roll call.
A. Roll Call
Present. Mayor Labadie; Councilmembers Siakel, Gorham, and Callies; City Attorney
Shepherd; City Administrator Lerud; Director of Public Works Brown; and City
Engineer Budde
Absent: Councilmember Johnson
B. Review Agenda
Callies moved, Siakel seconded, approving the agenda as presented. Upon a roll call vote,
motion passed 4/0.
2. POLLINATOR POLICY
Mayor Labadie noted that there was another Council meeting scheduled for later this evening that
begins at 7:00 p.m. She explained that because of this meeting she would be adjourning the work
session as close to 6:50 p.m. as possible. She noted that this is not a public hearing and there is
no requirement for the Council to take public comments, however, in this matter, she feels it is
important to hear from as many residents as possible who wish to speak. She asked them to
keep their comments brief and to not duplicate what others have already stated.
Public Works Director Brown stated that this item is regarding a pollinator policy and the basic
issue is how the City should meet its statutory requirements to control noxious weeks, meet safety
requirements for public grounds and ballfields, maintain the parks in an acceptable condition, all
while meeting the requirements of the pollinator policy. He explained that on July 28, 2014, the
City Council approved Resolution 14-066, regarding “Bee-Safe” policies and procedures. He
reviewed the primary statements made within the resolution language. He explained that
following this resolution, Public Works planted three clover patches, in an attempt to create bee-
safe habitats at Freeman Park, Cathcart Park and Southshore Park. However, the patches
became overrun with weeds and were eventually tilled and returned to turf. He explained that
Public Works staff also researched the use of organic or natural herbicides to control weeds in
the turf areas and warning tracks of the parks, but they rendered less than favorable results. He
noted that the first declaration in Resolution 14-066 does not prohibit the total use of pesticides.
He gave a brief overview of the contractors hired to use bee friendly chemicals and noted that the
Lesco Safety Data Sheet had been attached to the staff report for review. He noted that the main
ingredient applied was 2,4-D, which according to the Environmental Protection Agency (EPA) was
considered “bee-safe” and acceptable to bee habitats and non-toxic to honeybees. He gave an
overview of the other chemicals used and the concerns that had been raised, such as Dicamba
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
JANUARY 24, 2022
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which is also listed as a component of the Lesco solution. He stated that the City did not use
neonicotinoid herbicides, but he noted that he failed to consider that they were “systemic
herbicides” which means that there were areas where systemics were used in the City. He
explained that he had included an extensive list of all the applications of chemicals in the parks
or public grounds, including the injection of the ash trees, and the treatment for Manor Pond that
was ordered by the Council. He stated that application for Manor Pond used a copper sulfate
compound that is not considered bee friendly. He stated that Public Works is responsible for
maintaining public grounds and noted that they get calls to address noxious weeds throughout
the City and referenced the Minnesota State Statue that mandates this activity. He reviewed
issues Public Works has faced with relation to public grounds, ballfield safety, buckthorn
treatment, ash tree injections, invasive control for infrastructure, Manor Park Pond treatment, and
wasp nest removal. He reiterated that they tried to abide by the abstention of bee unfriendly
pesticides, but failed with not catching that it was, in many cases, a systemic herbicide that was
applied. He stated that it was never his desire to intentionally harm pollinators or violate City
policy. He noted that over the weekend, the City received correspondence from the Bee Friendly
staff that suggested use of an Integrated Pest Management program (IPM). He stated that the
goal of many IPMs is to go through a decision-making process as to what is the best solution to
address the issue, for which the use of chemicals is the last resort. Staff believes that this would
be a wise investment but noted that many of the IPMs do involve some form of chemical treatment.
He stated that the goal is to try and find some sort of compromise to meet the demands and
responsibilities placed on the department, try provide as safe an environment as possible for the
pollinators, but also make sure that everybody has ‘buy-in’ to avoid the conflicts that have been
seen lately. He introduced Gail Nozal, Arborist with Davey Tree and Addie Tice, a biologist with
a specialty in botany with Bolton & Menk.
Councilmember Siakel noted that she had spoken with Patricia Houser and Jeff Dinsmore over
the weekend. She explained that they need to leave the meeting at 6:30 p.m. and asked that the
Council allow them to make a few comments before they have to leave.
Mayor Labadie explained that Patricia Hauser and Jeff Dinsmore are representatives for
Humming for Bees.
Jeff Dinsmore and Patricia Hauser, 5805 Minnetonka Drive, stated that they wrote a six-page
letter to the City, but would only highlight some of its contents for the meeting. He gave a summary
of their concerns relating to injections for ash trees and the effects on many things other than the
trees and urged Council to retain the Bee-Safe resolution, as it is written and incorporate policies
and procedures accordingly. He stated that they would also like the City to stop the use of any
systemic insecticides and consider developing a staff role for a sustainability coordinator who is
well-versed in IPM and current pesticide science. He explained that they would like this individual
to answer to the City Administrator independent of the Public Works Department. He stated that
they would also like to see an integrated pest program be developed under the supervision of the
sustainability coordinator. He noted that they are also suggesting that the job description of the
Public Works Director be re-written so duties that involve land management for parks and public
areas would be the job of the sustainability coordinator. He asked that the City use contractors
that are well-versed in IPM and have alternative pesticide practices in place of the standard
pesticide services. He stated the last thing they would like is for the City to rethink the current
policy of ash tree injections in favor of a long-term plan for removal and replanting with alternate
sustainable trees that will not poison moths, butterflies, larvae, birds, and the ground.
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JANUARY 24, 2022
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Ms. Hauser stated that regarding buckthorn, when she goes around her own neighborhood, she
sees plenty of it in the yards that are female plants, with seeds. She explained that the buckthorn
plants spread by birds eating the seeds and then pooping them out, so they are planted all over
the place. She stated that she thinks the City may need to look at how to live with buckthorn
rather than putting systemic paint on it to kill it. She stated that she likes the goat program that
the City has used in the past. She asked who Public Works Director Brown answers to as their
supervisor and whether there was a yearly performance review conducted.
City Administrator Lerud stated that Public Works Director Brown reports to the City Administrator
and he does conduct a yearly performance review. Ms. Hauser stated the resolution regarding
systemic pesticides was passed seven years go and questions how these actions were not caught
prior to now.
Councilmember Callies stated that the letter sent by Mr. Dinsmore and Ms. Hauser was very
thorough and helpful. She stated that she feels as though the point being raised right now is off
topic in terms of the time available for this discussion. She stated that she does not feel it is
appropriate to get into some sort of personnel review of Public Works Director Brown and would
like to stick to the Bee-Safe policy discussion. She asked what the goal of this meeting is for the
Council and what was hoped to be accomplished.
Mayor Labadie stated that she thinks that this will not be a ‘one and done’ meeting and it will need
to be brought back to some other Council meeting. She stated that Public Works Director Brown
had indicated that he was looking for direction on how to proceed.
Public Works Director Brown stated that he has noted eight areas that he identified and suspects
that others may be found, once there is a detail analysis done. He stated that Addie Tice has
experience in this area and may bring a few more issues that have not been identified to the City’s
attention. He stated that he would like the Council to direct staff to begin development of an
integrated pest management program with the assistance of Bolton & Menk since they are the
experts. He stated that this will take some time and not just a one or two meetings for this type
of project. He stated that the intent is to start implementing things that they can start doing
immediately, but it will be an extensive and long list by the time it is done.
Mayor Labadie explained that she and Councilmember Siakel were both on the Council when the
original Bee Safe resolution was passed and noted that it was an extensive process to get to that
point.
Public Works Director Brown suggested that the Council hear from Addie Tice to see what her
experience has been in this situation.
Addie Tice, Natural Resource Technician, Bolton & Menk, gave an overview of her experience
working with bee friendly practices. She stated that Bolton & Menk would like to provide some
sort of consulting services to the City and assist in writing an IPM to support the pollinator and
bee friendly resolution that has already been passed. She stated that she is hopeful that this can
be a collaborative effort between Bolton & Menk, Humming for Bees, and the City to create a
document that will help the Public Works Department.
Public Works Director Brown asked Ms. Tice to share examples of her success with the Minnesota
State University Mankato.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
JANUARY 24, 2022
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Ms. Tice shared details of the practices at Minnesota State University Mankato and the recent
conversation with the groundskeeper about the guidelines that were set up for the campus.
Councilmember Siakel noted that this is the first meeting on this topic and the Council is not
familiar with Ms. Tice but has worked with Bolton & Menk for engineering services. She asked if
Ms. Tice was also the individual who had experience with the Emerald Ash Borer.
Public Works Director Brown stated that Gail Nozal from Davey Tree was present to address the
issues surrounding the Emerald Ash Borer.
Gail Nozal, Davey Resource Group, stated that they have been contracting with the City for over
five years for arborist services and contracted tree assistance. She shared details of her
background and experience as a Board-Certified Master Arborist and noted that she also holds a
master’s degree in Urban Forestry. She stated that there are 614 ash trees on public property
that have been inventoried in the City. She stated that there is an Emerald Ash Borer plan that
includes tree removal, replacement, and the injection of approximately thirty trees each year on
park properties, so they are not all removed at the same time. She noted that the Emerald Ash
Borer has not yet been found in the City but has been found in surrounding communities. She
stated that when trees have the Emerald Ash Borer, they become brittle very quickly, unlike Dutch
Elm Disease, which raises the potential for significant liabilities associated with ash trees.
Mayor Labadie asked how close to the City has the Emerald Ash Borer been found. Ms. Nozal
stated that it has been found in Chanhassen, Minnetonka, and Eden Prairie, but not yet in Tonka
Bay, Mound, and Excelsior.
Councilmember Siakel confirmed that the 614 trees mentioned by Ms. Nozal was referring to the
tree plan that has been put together over many years and is specific to the City. Ms. Nozal
confirmed that the plan was initiated in 2017 when the inventory was completed and explained
that they have recently completed an updated plan, based on science and changes with the
Emerald Ash Borer within Minnesota. Councilmember Siakel asked if the alternative to treating
an ash tree was to cut it down. Ms. Nozal stated that was correct and noted that it is inevitable
that all ash trees will be infested. Therefore, the only practical option is removal and replacement.
Councilmember Siakel stated that she believes the Council approved working with an arborist in
2015 and put together a tree plan to protect as many trees as possible. She stated that this is a
much more complicated topic than it appears to be on the surface. She stated that she was on
the Council when the Bee-Safe resolution was passed and believes the intent was to minimize
the impact of the utilization of chemicals. She stated that one thing they did not really consider
was that there would be times when chemicals must be used. She gave the example of what was
done to treat the pond in Manor Park because organic practices were not working. She stated
that she feels there needs to be a balance and would like to see a reduction in the use of
chemicals. She stated that she supports the idea of investigating working with creation of an IPM
and contracting with someone may make sense and is at least worthy of discussion.
Councilmember Callies stated that in looking at the resolution there are some conflicting
statements but feels that staff has used their best efforts to minimize the use of pesticides. She
stated that it is not clear to her if the City has actually designated certain areas as bee safe
habitats, as mentioned in item number four of the resolution, or if the intent was not to use
chemicals anywhere in the City. She stated that she agrees that the City should look at other
ways to improve this procedure.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
JANUARY 24, 2022
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Councilmember Siakel stated that she believes the clover areas mentioned by Public Works
Director Brown were the designated areas. She noted that Shorewood was the very first City to
pass a resolution protecting bees. She stated that she thinks that the City has learned things
since the first resolution was passed and can get smarter and figure out what else can be done
to comply with the overall intent.
Mayor Labadie reiterated that Shorewood was the first City to enact this type of language. She
stated that it may be helpful for future discussions if staff could give examples of other cities and
the language they used. She stated that she believes that there are now forty-two or forty-three
cities throughout the State that have a similar ordinance.
Councilmember Gorham stated that he would support that direction but noted that he feels that
should have already been done. He stated that he questions why the Council is just now hearing
about all the violations. He stated that the Council did not know any of this was going on and are
now being asked for help because there is a realization that the City cannot comply with its own
policy. He stated that he would echo a bit of what was stated by Ms. Hauser that this appears to
be seven years of the City not trying all that hard. He stated that the residents have come in with
some ideas that can be pursued, but he does not see the Public Works Department compromising
in this situation. He stated that he just sees a lot of pesticide usage and a lot of mea culpa
statements, but not a lot of effort of trying to comply with the resolution. He stated that item
number two that states the City ‘shall refrain from the use of systemic pesticides’ which seems
pretty straight forward to him. He reiterated his question of why the Council is just hearing about
this because it seems a bit late to him and he would like to see some accountability.
Councilmember Callies stated that she completely disagrees with Councilmember Gorham. She
stated that this resolution is a guide and is not in City ordinance or law. She noted that she
believes the use of the word ‘violate’ is too much. She stated that she would agree that the City
should try to reduce the use of chemicals but believes the way the resolution is stated is too broad.
She stated that ‘refrain’ is not the same as ‘prohibit’. She stated that Public Works Director Brown
included information in the report of when these chemicals were used, and she feels that to say
that there was an intentional violation is going too far for what has actually occurred.
Mayor Labadie reminded the Council that there is another meeting scheduled for 7:00 p.m. and
would like to wrap up discussion on this item tonight in the next five minutes. She stated that she
does not think the Council is anywhere near being finished discussing this matter. She stated
that she would like to have the Council think about what direction can be given to the Public Works
Department for the immediate future, while some of the larger issues are still being discussed.
She reiterated that she would like information on policy language from other cities who have
adopted similar policies.
Councilmember Siakel stated that she wholeheartedly agrees with Councilmember Callies
statements and thinks the language being used is way too harsh. She stated that she thinks
some action does need to be taken because the City needs to get back to the intent of reducing
the number of chemicals and only use them when absolutely needed. She stated that she would
like to hear from Bolton & Menk about their plan and how it can be monitored and perhaps take
some of the ownership and responsibility away from Public Works, because they cannot be
everything to everyone. She noted that she believes having this professionally managed for the
City will be helpful. She stated that she also thinks the people need to be removed from the
problem for this discussion. She stated that the problem has been identified and now the City
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
JANUARY 24, 2022
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can do something about it. She noted that she believes everyone will agree that the goal is to
minimize the use of chemicals, but it is not to never use them. She would recommend, that if the
City decides to hold another work session on this topic, that something is done to get word out to
residents on the meeting so they are informed and will have an opportunity to be there. She
stated that she is open to seeing language used by other cities but would like to see a formal
presentation made by Bolton & Menk, specifically about how they would institute, monitor, and
report back to both the City and the public on an IPM.
Councilmember Gorham stated that he would like to see a scope of work from Bolton & Menk and
noted that he is not sure that throwing money at a consultant will be the panacea that people think
it may be. He stated that he cares more about implementation, and he does not think Bolton &
Menk will be the ones out there spraying or ordering supplies, so he would like to understand how
it would actually work if they were involved.
Councilmember Callies stated that perhaps there does need to be some sort of sustainability
position added to City staff but that will need a larger discussion and suggested that there may
be someone from Davey Tree that could fill that role. Councilmember Siakel stated that she sees
the sustainability role as being accomplished through a service that the City is already using.
Councilmember Callies stated that she would like to find a way to communicate the next work
session on this topic to residents, so they have a few weeks’ notice that it is coming. Mayor
Labadie noted that the Council did not really address the thirty specimen trees and asked if it may
be worth looking into how much it would cost to remove those trees, since if Emerald Ash Borer
comes to the City, removal is the only option. She stated that something would also need to be
replanted and noted that she understands these are large specimen heritage trees and wonders
if it would be worth bringing the arborist in to discuss that more thoroughly.
The Council discussed that for the next work session there be a proposal for an IPM plan, a scope
of work for how it would be accomplished from various individuals, if necessary, the possibility of
modifying the resolution to uses language that more clearly identifies what the City wants to
accomplish with the policy, how this can be implemented, and oversight will work.
Mayor Labadie asked staff to schedule discussion of this topic for a future meeting. City
Administrator Lerud stated that he thinks it is reasonable that staff can have proposals back by
the second meeting in February.
3. ADJOURN
Gorham moved, Callies seconded, Adjourning the City Council Work Session Meeting of
January 24, 2022, at 7:00 P.M. Upon a roll call vote, motion passed 4/0.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JANUARY 24, 2022 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:06 P.M. and explained that the meeting was being
held electronically and all votes would be taken by roll call.
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Siakel, Gorham, and Callies; City
Attorney Shepherd; City Administrator Lerud; City Clerk/HR Director Thone;
Finance Director Rigdon; Planning Director Darling; Park and Recreation Director
Grout; Director of Public Works Brown; and, City Engineer Budde
Absent: None
B. Review Agenda
Gorham moved, Johnson seconded, approving the agenda, as presented.
Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Johnson moved, Siakel seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of January 10, 2022
B. Approval of the Verified Claims List
C. Permanent Appointment of Miechelle Norman
D. Approve DNR Delegation Agreement, Adopting RESOLUTION NO. 22-010, “A
Resolution Approving Delegation Agreement with the Minnesota Department
of Natural Resources for AIS Inspection at the Christmas Lake Public
Access.”
E. Accept Greg Fasching’s Resignation and Approve Advertising and
Recruitment for LEO Position
Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed.
3. MATTERS FROM THE FLOOR
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 24, 2022
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Christine Sanschagrin, 27725 Island View Road, shared comments on the work session that was
held prior to this meeting. She noted her disappointment that the Council did not acknowledge
Mr. Larson for writing the letter to the editor and explained that she was disappointed in the type
of discussion that was held. She thanked Councilmember Gorham for dissenting and questioning
what occurred. She thanked Hauser and Mr. Dinsmore for raising questions about what has
occurred in the past and how the Council and staff should be held responsible for their actions.
She stated that she knows a lot about neonicotinoids and feels there should be an open
discussion about them and why it is such an important discussion for the environment. She
shared examples of people in her circle that have dealt with cancer and noted that toxins in the
environment are problematic for the health of the community. She stated that she would like there
to be the ability for a citizen to participate in the work session discussions which there was not
the case at tonight’s work session meeting. She encouraged the Council to do the right thing and
not just the bare minimum.
Mayor Labadie noted that there were no votes taken at the work session, so Councilmember
Gorham did not ‘dissent’, but simply stated comments for the record.
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Brian Tholen, Chief of South Lake Minnetonka Police Department
Brian Tholen, Chief of South Lake Minnetonka Police Department introduced himself and
explained that he is honored to be the new Chief. He gave a brief presentation that reviewed his
background and experience and noted that he has been impressed with what he has seen within
the department so far. He stated that there are things that they can improve, but as a whole the
department is solid. He stated that he is planning to continue the excellent work that Chief
Meehan did in the past. He shared some priorities, such as: getting to know the officers and
operations; listen to resident concerns and what it means for them to feel safe in their community;
determine current practices that are working, and which ones are not; focus on officer wellness;
and encourage proactive policing. He noted that they are fully staff with well trained, energetic
officers. He stated that they are planning to keep residents updated via social media and thanked
the Council for their continued support.
Mayor Labadie asked how residents can follow the department on social media. Chief Tholen
stated that the most active ones are their Instagram and Facebook accounts. The Council
extended their welcome to Chief Tholen as the ‘Hometown Chief’.
6. PARKS
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. City Council Salaries
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 24, 2022
Page 3 of 6
City Administrator Lerud explained that at the January 10, 2022 City Council meeting, the Council
reviewed salaries for Mayor and Councilmembers. The Council then directed staff to prepare an
ordinance to increase the Mayor’s annual salary to $6,300 and the Council’s to $4,800 which
would be effective January 1, 2023.
Mayor Labadie stated that she thought part of the discussion was also to set up a timeline for
review of the salaries in the future. City Administrator Lerud stated that would be put on the
January agenda every four years, as discussed.
Siakel moved, Callies seconded, Adopting ORDINANCE NO. 585, “An Ordinance
Amending Chapter 105 of the Shorewood City Code Relating to Salaries for the Mayor and
City Council.”
Councilmember Gorham stated that he does not want to seem insensitive to people who may be
struggling because of COVID. He stated that he does not feel the salaries are egregiously low
and thinks increasing them can wait a bit longer.
Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Gorham voted Nay. Motion
passed 4-1.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Fourth Quarter 2021 Investment Report
Finance Director Rigdon gave a brief overview of the Fourth Quarter 2021 Investment Report. He
reviewed the objectives of the policy for investment activities including safety, liquidity, and yield,
but noted that yield is a secondary concern. He noted that the City has a stricter policy than what
is demanding by the State. He explained that the portfolio at the end of 2021 was at about thirteen
point two million dollars and reviewed the average maturity, yield, and income from the
investments.
2. 2022 Commission Applications Update
City Clerk/HR Director Thone explained that staff is looking for direction on the scheduling of the
interviews for the openings on the Commissions with terms that begin March 1, 2022. She stated
that there have been nine applications received for the openings. She noted that typically these
types of interviews have taken place at a work session prior to a regular Council meeting,
however, there was some discussion at the last meeting that sometimes the created a feeling of
being rushed. She stated that staff would like to know if the full Council would like to interview
the applicants or direct the Personnel Committee to conduct the interviews and make a
recommendation to the Council.
Mayor Labadie asked if the Council would like to conduct the interviews on February 14, 2022 or
turn the initial interviews over to the Personnel Committee. Councilmember Siakel stated that
she believes there is another alternative which would be to pick another date to hold the
interviews. Mayor Labadie agreed that would be an option and explained that she would not be
opposed to it.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 24, 2022
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Councilmember Johnson noted that February 14, 2022 is Valentine’s Day. The Council discussed
the options for interviewing candidates for the commissions. City Administrator Lerud noted that
if there were to be more than two Councilmembers present at the interviews, it will need to be
noticed as a special meeting to comply with open meeting laws.
There was consensus to have the Personnel Committee conduct the initial interviews.
City Clerk/HR Director Thone stated that she will send Google Calendar information to
Councilmembers Callies and Gorham and get the interviews scheduled.
Other
Park and Recreation Director Grout stated that Arctic Fever took place on January 15, 2022. She
stated that this was the seventeenth year the event was held and felt this year had a wonderful
turn out. She gave an overview of the activities that took place during the event. She stated that
there were attendees from as far away as Texas and Italy.
Mayor Labadie expressed her appreciation to Park and Recreation Director Grout,
Communications Director Julie Moore, Public Works Director Brown, and his staff, for a very
successful event.
City Engineer Budde stated that bids will be opened for the Grant Street project on February 8,
2022. He stated that regarding the Smithtown Pond project, he sat in front of the Minnehaha
Creek Watershed Board a few weeks ago and they conditionally approved the project. He stated
that the last element for that project will be to get the permit from the Army Corps of Engineers.
City Clerk/HR Director Thone explained that the City is in the middle of redistricting and are at the
point in the process where they are looking at boundaries. She noted that she has been working
with City Attorney Shepherd and City Administrator Lerud on a letter to send to residents in
Precinct One.
City Attorney Shepherd stated that he would like to make a few comments regarding a resident
comment that was made at the last Council meeting. He explained that there was a comment
made about the Matters from the Floor portion of the meeting and whether or not it complies with
State law. He stated that a public comment section is not required by State law although many
cities do have it. He stated that it is very common that cities will have a public comment section
and have each commenter speak for no more than three minutes and explained that this was
done as a matter of efficiency because the City Council meeting is really a business meeting. He
stated that having a time limit makes sense and reiterated that it is done very frequently
throughout other cities. He stated that he also wanted to make a comment about hands being
‘raised’ during a Zoom meeting. He explained that Zoom operates like a normal meeting, even
though it may not feel like it. He stated that just like during the normal discussion of business, not
every matter is a public hearing and not every matter is something that the Council or Mayor
would entertain public comments being made nor is every issue that comes before the Council
up for public debate. He stated that public hearings will still be held, and as happened at the
earlier work session meeting, public comments may sometimes be entertained, but it is not
something that will happen for every agenda item.
City Administrator Lerud stated that the Galpin Lake Trail and street project was included in the
Governor’s capital bonding request and will be going before the legislature. He stated that the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 24, 2022
Page 5 of 6
Safe Routes to School planning committee has met twice. He stated that he believes there are
one or two more meetings and then the plan will be available and will be incorporated as the City
looks to complete the Galpin Lake project.
B. Mayor and City Council
Councilmember Johnson noted that he attended Arctic Fever at Manitou Park but has heard great
things from others about the event throughout the City.
Councilmember Gorham stated that caught the tail end of Arctic Fever and congratulated Park
and Recreation Director Grout, Communications Director Moore, and the Public Works staff for
their work to make it a successful event. He stated that he met a couple from Stillwater who had
driven over because they were looking for something to do and noted that he thinks the event
drew people from all over the State.
Councilmember Callies stated that she would like to have the sign ordinance back on an upcoming
agenda very soon. She stated that she feels the Council should discuss it prior to sending it back
to the Planning Commission. She stated that she feels that there needs to be some advance
notice on the agendas because they seem a bit light and thinks there could be more added to
them. She stated that she understands that staff is conscious about trying to protect the Council’s
time but reiterated that there could be fuller agendas. She stated that perhaps there can be more
input from Council in terms of what will be on the agenda. She suggested that perhaps at this
point in every meeting, staff could share what the upcoming items are so the Council has a bit of
advanced notice of what will be discussed before the packet is sent out. She stated that she
understands that things will be subject to change but feels that there are things that staff knows
will be coming up and she would like those things need to be put on the agenda sooner than what
has often been the case, so things are not dragged out too long. She reiterated that she would
like to see the Council discuss the sign ordinance at an upcoming work session before it goes
back to the Planning Commission. She asked when Strawberry Lane is scheduled on the agenda.
City Engineer Budde stated that Strawberry Lane is scheduled for the next Council meeting.
Councilmember Callies asked if people had been notified about that because there will be a lot of
interest in that project. City Engineer Budde explained that he had not noticed that meeting yet
because his plan was to forward some information to Council and staff and then notice residents
after that in order to give them at least ten days’ notice.
Councilmember Siakel stated that perhaps there could be a list of topics that are coming up for
the quarter. She stated that she would like to see some sort of planning calendar put together for
these things so people know and there is some forewarning of the discussion, so things just do
not simply appear on the agenda with the arrival of the packet. She stated that she agreed with
Councilmember Callies that she would like a heads up for what is coming.
Councilmember Callies stated that she had received an inquiry about Century Link and believes
staff has also heard from this individual about the problems with the internet connection. She
asked if there was anything the City can bring up regarding the poor service from them.
City Administrator Lerud stated that this is a very frequent comment that he gets but noted that it
is not limited to just Century Link. He stated that the City does not have a franchise agreement
with any internet service provider. He noted that they have been working with MetroNet, formerly
Jaguar Communications, who has fiber in parts of the City and has interest in building out the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JANUARY 24, 2022
Page 6 of 6
entire City with fiber. He stated that he is hoping that project will begin in 2022 and should be a
two-year build-out. He stated that Jim Lundberg is the general manager for LMCC and they are
responsible for the cable TV franchise, but he is also happy to help out where he can on customer
service issues related to internet. He suggested that people contact him if they are having
problems and he can get them in touch with Mr. Lundberg.
Councilmember Callies stated that the Council had received an e-mail from the Met Council
representative regarding transportation funding allocation which also indicated that there is an
application deadline in April of this year for 2023 and 2024 projects. She asked if this is something
that the City should have on its ‘To Do’ list. City Administrator Lerud explained that the City
receives a lot of notices about available funds and assured the Council that staff goes through
them and when there is a relevant one, they do pursue it.
Mayor Labadie attended the Infrastructure Town Hall meeting held by Representative Morrison
on January 12, 2022 and gave a brief overview of what was discussed. She thanked residents
who took the time to log their concerns about Highway 7. She stated that she hosted Coffee with
the Mayor on January 14, 2022 at The Pillars of Shorewood Landing where her guest speaker
was Representative Kelly Morrison.
11. CLOSED SESSION – ALEX AND ELENA UGORETS V. CITY OF SHOREWOOD
Mayor Labadie explained that pursuant to Minn. Stat. 13D.05, Sub 3 (b), the Council meeting
would be closed for confidential, attorney-client privileged discussion of the litigation matter, Alex
and Elena Ugorets v. City of Shorewood, Civ. No. 21-1446 (D. Minn.)
Johnson moved, Siakel seconded, to close the meeting, pursuant to Minn. Stat. 13D.05 for
attorney-client privileged discussion of the litigation matter, Alex and Elena Ugorets v. City
of Shorewood, Civ. No. 21-1446.
Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed.
Mayor Labadie reconvened the open meeting at 8:24 p.m.
12. ADJOURN
Johnson moved, Gorham seconded, Adjourning the City Council Regular Meeting of
January 24, 2022, at 8:25 P.M.
Roll Call Vote: Johnson, Siakel, Callies, Gorham, Labadie voted Aye. Motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
#2 C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Verified Claims
Meeting Date: February 14, 2022
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.
67236 - 67260 & ACH 341,916.50
Total Claims $341,916.50
We have also included a payroll summary for the payroll period ending January 30, 2022
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents and funds are
budgeted and available for these purposes.
Options:
The City Council may accept the staff recommendation to pay these claims or may reject any
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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City of Shorewood Council Meeting Item
2D
Title / Subject: Resolution Accepting Lucky’s Station LLC
Donation to Arctic Fever Event
MEETING TYPE
Meeting Date: Monday, February 14, 2022
Regular Meeting
Prepared by: Twila Grout, Park and Recreation 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 2022 Arctic Fever Event that was held on January 15, 2022:
Name of Donor Amount
Lucky’s Station LLC $500.00
Financial Considerations: The donation will help to cover expenses incurred for the 2022 Arctic
Fever Event.
Action Requested: Staff respectfully recommends the city council approve the Resolution
Accepting Donations as Delineated in the Resolution to the 2022 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 22-011
A RESOLUTION ACCEPTING DONATIONS TO THE
CITY OF SHOREWOOD 2022 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
Lucky’s Station LLC $500.00
WHEREAS, the terms or conditions of the donations are to be used for the 2022 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 14th day of February 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
2E
REGULAR
CityofShorewoodCouncilMeetingItem
Title/Subject:Appointment of Public Works Utility Operatorand Authorization to
Advertise for Light Equipment Operator
MeetingDate:February14, 2022
PreparedBy:Larry Brown,Director of Public Works
Reviewed By:Greg Lerud, City Administrator
Attachments:None
th
Background:On January 24, 2022, the City Council accepted the resignation of Mr.
Greg Fasching, Utility Operator within the Department of Public Works and authorized
the posting of the vacant position.
Under the current union contract, open positions are posted internally first,to promote
advancement of employees within the organization. Mr. Bruce Stark currently holds the
position of Light Equipment Operator and has been employed with the city since 2001.
Mr. Stark has indicated a desire to move into the vacant utility operator position.
If approved, the change in position then creates a vacant position for a Light Equipment
Operator. Staff is therefore also seeking authorization to advertise for one Light
Equipment Operator to fill the new void.
Financial or Budget Considerations:The rate for Mr. Stark as a utility operator will
be $35.11per hour.
Options:Approve by motion the filling of the vacant utility operator position by Mr.
Bruce Stark, as outlined herein, or provide staff with alternate direction. .
Recommended Action:City staff recommends appointment of Mr. Bruce Stark to the
positionof Utility Operator within the Department ofPublic Works, in addition to
authorization to advertise for one Light Equipment Operator.
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
soundfinancialmanagementthrougheffective,efficient,andvisionaryleadership.Page1
City of Shorewood Council Meeting Item
Title/Subject: 2022 Commission Appointments
2F
Meeting Date: Monday, February 14, 2022
MEETING TYPE
Prepared by: Sandie Thone, City Clerk/HR Director
Regular Meeting
Reviewed by: Greg Lerud, City Administrator
Attachments: Resolution
Background: The City Council’s Personnel Committee, consisting of Councilmember
Callies and Councilmember Gorham conducted interviews on February 2 and 3, 2022
with nine (9) applicants seeking to represent the city on the Planning (2 seats), Park (2
seats), and LMCC (1 seat) Commissions. The Committee was impressed by the
number of well-qualified candidates. The Personnel Committee hereby recommends
the following appointments:
Planning Commission (2) for the Term March 1, 2022 through February 28, 2025:
1) Dustin Maddy
2) Cindy Holker
Park Commission (2) for the Term March 1, 2022 through February 28, 2025:
1) Mike Hirner
2) Jim Heinz
LMCC (1) for the Term March 1, 2022 and ending February 28, 2023:
1) Tom Lesser
Action Requested: For passage of these appointments a resolution has been prepared
and is attached. Council shall discuss the appointments, and confirm the Committee’s
recommendations, or make changes as desired to the recommendations for
appointment, and confirm by passing the resolution, which will include the names of the
final appointments as confirmed. Motion, second and simple 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 22-012
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION MAKING APPOINTMENTS
TO SHOREWOOD COMMISSIONS
WHEREAS, the City has three commissions with the following expiring terms:
Commission Expiring Term
Planning Commission (2 seats) Feb. 28, 2022
Parks Commission (2 seats) Feb. 28, 2022
Lake Minnetonka Cable Commission (1 seat) Feb. 28, 2022;
and,
WHEREAS, the City advertised for applicants for the openings and received nine applications;
and,
WHEREAS, the candidates were interviewed by the City Council’s Personnel Committee
consisting of Councilmember Callies and Councilmember Gorham on February 2 and 3, 2022;
and
WHEREAS, the Personnel Committee recommends appointing the following individuals to fill
the following seats on commissions:
Planning Commission
Dustin Maddy Term - March 1, 2022 to February 28, 2025
Cindy Holker Term - March 1, 2022 to February 28, 2025
Park Commission
Mike Hirner Term - March 1, 2022 to February 28, 2025
Jim Heinz Term - March 1, 2022 to February 28, 2025
Lake Minnetonka Cable Commission (LMCC)
Tom Lesser Term - March 1, 2022 to February 28, 2025
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA that the Council approves the appointments as recommended.
Adopted by the City Council of Shorewood, Minnesota this 14th day of February 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
#2G
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Accept Improvements and Authorize Final Payment for the Enchanted Island &
Shady Island Street Reclamation Project, City Project 18-11
Meeting Date: February 14, 2022
Prepared by: Ben Perkey, Design Engineer WSB and Associates, Inc.
Reviewed by: Larry Brown, Director of Public Works
Attachments: Letter of Request, Final Payment Summary
Background: On June 22, 2020. the City Council awarded a contract to Northwest Asphalt, Inc.,
for the Enchanted Island and Shady Island Pavement Reclamation Project, City Project 18-11.
Northwest Asphalt, Inc. has completed the scheduled workin general conformance with the
Contract documents and has requested final payment. WSB has determined that the project is
substantially complete and final payment is appropriate(Attachment 1).
Northwest Asphalt, Inc. has submitted the two-year Maintenance Bond, Minnesota Form
IC-134 Withholdings Affidavit, lien waivers and the signed request for final payment.
A Resolution Accepting Improvements for the Enchanted Island andShady IslandReclamation
Project, City Project 18-11, and Authorizing Final Payment is included for Council consideration
of approval.
The City of Shorewood will conduct the 2-year warranty inspections and corresponding
coordination with the Contractor.
Financial or Budget Considerations:The contract amount was $916,937.50and the final
project construction amount equating to $672,397.87. The dramatic difference between the
original contract amount and final amount was due to changes of the contract to delete
improvements to Enchanted Point, after the contract had been awarded. The amount
remaining for payment with Final Payment Request No. 3 is $68,159.47
Recommendation / Action Requested: Staff recommends approval of the Resolution
Accepting Improvements for the Enchanted Island and Shady Island Street Reclamation Project,
City Project 18-11, and Authorizing Final Payment Northwest Asphalt, Inc. in theamount of
$68,159.47.
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
February 7, 2022
Mr. Greg Lerud
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re:Enchanted Island and Shady Island Street Reclamation Project
City of Shorewood, MN
WSB Project No. 012809-000
Dear Mr. Lerud:
Pay Voucher No. 3 (Final) for the above referenced project in the amount of $68,159.47 is
attached. The quantities completed to date have been reviewed and agreed upon by the
contractor. We hereby recommend that the City of Shorewood approve the Final Construction
Pay Voucher for Northwest Asphalt, Inc.
We have also enclosed the following required documents:
1.Satisfactory showing that the contractor has complied with the provisions of
Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms).
2.Evidence in the form of an affidavit that all claims against the contractor by
reasons of the contract have been fully paid or satisfactorily secured (lien
waivers).
3.Consent of Surety to Final Payment certification from the contractor’s surety.
4.Two-year maintenance bond.
Please send one executed copy of the pay voucher with the payment to Northwest Asphalt, Inc.
and one executed copy to our office for our file. If you have any questions or comments regarding
this voucher, please contact me at 612.360.1319. Thank you.
Sincerely,
WSB
Ben Perkey, PE
Project Engineer
Attachments
kkp
K:\\012809-000\\Admin\\Construction Admin\\Pay Vouchers\\Contract Closeout\\012809-000 LTR Final PV to City 020722.docx
February 7, 2022
2/9/22
CITY OF SHOREWOOD
RESOLUTION NO. 22-013
A RESOLUTION ACCEPTING IMPROVMENTS
AND AUTHORIZING FINAL PAYMENT
FOR THE ENCHANTED ISLAND & SHADY ISLAND STREET
RECLAMATION PROJECT
CITY PROJECT NO. 18-11
WHEREAS, on June 22, 2020, the City of Shorewood entered into a contract
with Northwest Asphalt, Inc. for the Enchanted Island & Shady Island Street Reclamation
Project, City Project 18-11; and,
WHEREAS, the Contractor has completed the project work and has requested
City acceptance of the project and final payment for the work performed and documented
to date; and,
WHEREAS, WSB has made final inspection of the project and recommends
acceptance and final payment be made by the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood as follows:
The City hereby accepts the work completed pursuant to said contract and
authorizes final payment to the Contractor, and all warranties shall commence as of the
date of acceptance, February 14, 2022.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
th
this 14 day of February, 2022.
ATTEST: Jennifer Labadie, Mayor
Sandie Thone, City Clerk
7A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Request for Additional Time to Correct a Code Violation
Location: 5885 HIllendale Road
Property Owner: Petra Rand
Meeting Date: February 14, 2022
Prepared by: Marie Darling, Planning Director
Attachments: Violation Notice dated January 20 2022
Written Request from Property Owner for Additional Time
Resolution Approving the Request
In November, the City received a complaint regarding the property at 5885 Hillendale Road
stating the property has miscellaneous broken items and nuisance items stored all over the
front yard and unlicensed vehicles, some of which are being used for storage.
Property Inspections
In December, staff inspected the complainants’ concerns. At that time, staff observed that the
number of items and unlicensed vehicles was extensive. Staff sent correction notices on
January 20, 2022 (attached).
Enforcement Action
The previous property owner died in December. One of the current owners requested the
extension on January 25, 2022 (attached) and indicated that she was beginning the clean-up
process. Because of the reasons stated in the letter, the property owner is requesting 30 days
to complete the clean-up and removal of the unlicensed vehicles. She indicated that they
would have much of the materials and vehicles removed from the site by February 7.
On February 8, 2022, staff visited the site and noted that almost no work had progressed on
the site. Except for one trailer, no other vehicles had been removed from the property; the
dryer was still located outside and various other nuisance items were still present.
Consequently, staff now concludes that the property owners have not been able to set aside
their differences and work together toward cleaning up the property.
Recommendation / Action Requested: Staff recommends denying the extension because
the property owners have not shown that they are actively working to find a solution to the
code violations. Any council action on this request requires a simple majority.
Next Steps and Timelines: If the extension is denied, staff will notify the owners in writing
and resume enforcement, which may include citations. If City Council chooses to approve an
extension, direct staff to bring a revised resolution back to the next meeting.
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.
Marie Darling
From:p rand <petrarand@gmail.com>
Sent:Tuesday, January 25, 2022 12:54 PM
To:Marie Darling
Subject:Amended request for 5885 Hillendale Rd
Hi Marie,
Just following up from our conversation on 1/24 regarding the 5885 Hillendale Rd property.
I had received the letter 1/24 at my home in Norwood about cleaning up and removing some items from the property.
While I have no problem removing most of these items there may be some people who reside in the home that I may
have trouble getting to agree to remove certain items and help and I am not sure what legal stand point I do or don't
have and will need time to figure out if they wish to be complicated about this.
I can guarantee that the Dodge truck, dryer, bikes and clutter by the upstairs front door will be removed asap, by 2/7 at
the latest if the city would give me some grace period considering I just received the letter. I will then request that I am
given more time for any clutter that is at the basement door of the home, the red Grand Am and the red trailer as the
owners of these things don't sound like they want to help at this time and I will need time to figure out what I can do
about it as a property owner in the mean time. For this I was hoping you would extend until the end of February so some
things can be sorted out. John has passed away 12/12 and this has further complicated things at this home as you could
imagine but I am working on them and the home and would appreciate any grace period given on this issue.
Thank you for your consideration,
Petra Rand
1
Marie Darling
From:Robin Wade <567wade@gmail.com>
Sent:Thursday, February 3, 2022 4:27 AM
To:Marie Darling
Subject:5765 Echo Road
Re: 5765 Echo Road
We receive your letter at a time of great duress. A member of our household has recently been diagnosed with a tragic
disease and another member is requiring surgery. We will make every effort to comply with the code. Winter and snow
makes this much more difficult.
We will be modifying our home and working with a contractor and applying for building permits in the Spring. We
would hope to remedy the code situation at the same time we are modifying our home. Times are very uncertain due
to CoVid and a labor shortage. We request an extension until June 30 to give us time to either disassemble or bring to
code or apply for a Conditional Use Permit.
We also hope the Council and staff understand and respect the highly personal nature of medical disclosures here and
will honor that.
Thank You for your consideration.
Sent from my iPhone
1
8A
MEETING
TYPE
Regular
Meeting
City of Shorewood Council Meeting Item
Title/Subject: Strawberry Lane Final Design Direction, City Project 19-05
Meeting Date: Monday, February 14, 2022
Prepared by: Andrew Budde, City Engineer
Reviewed by: Larry Brown, Director of Public Works
Attachments: Overview Map-Alternate 2, Typical Section, Comments, and
Resolution
Background: On April 28, 2021, City Council approved the Scoping Study for
Strawberry Lane Reconstruction and Trail Project. The project includes the full
reconstruction of Strawberry Lane, included the addition of an eight-foot-wide trail on
the east side, drainage improvements, and new watermain. The project will also include
the reconstruction of Peach Circle and reclamation of Strawberry Court with the addition
of watermain. Shortly after the approval of the feasibility study, many residents along
the corridor commented that they would like to see a six-foot-wide sidewalk against the
back of curb - similar to Smithtown Road.
Staff reviewed in more detail the option of a six-foot-wide sidewalk against the back of
curb. The overall width of the corridor would then be narrowed by seven feet. The
narrower corridor provided the opportunity to shift the alignment of the roadway south of
the Lake Minnetonka Region Trail six feet east. This adjustment avoids right of way or
easement acquisition from four property owners on the west side of Strawberry Lane.
Right of way acquisition is a significant undertaking for any project and with it comes
both the cost of acquiring the right of way, but also the potential to require
condemnation, if the city and property owners cannot come to a mutual agreement.
On June 22, 2021, the city hosted a virtual neighborhood meeting to present the
information on the two trail/sidewalk options. After the neighborhood meeting, many
residents on the southeast end of Strawberry Lane commented that they did not like the
six-foot alignment shift as they have very similar impacts between the eight-foot trail and
six-foot-wide sidewalk options. The impacts are within the front yards of the properties
on the east but are within the city right of way that was dedicated as part of the
Shorewood Oaks plat. Based on the resident feedback, staff has looked closer at
maintaining the original roadway alignment south of the trail and it associated impacts.
The largest impact is that it would require the city to acquire right of way from the four
additional parcels on the west side. Staff has reached out to and met with nearly all
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
impacted property owners on the west side about the proposed change. The feedback
received by staff from those property owners is that there is not a majority in favor of
one option or the other.
On November 10, 2021, the city hosted an Open House to share information and allow
residents to voice their opinions and have discussions with neighbors, staff, and council.
At the open house three general themes emerged in the comments: 1.) The need or
justification for a sidewalk, 2.) Minimizing impacts to yards and trees by reducing
the proposed street width by two feet, and 3.) Shifting the alignment on the south
end towards the west. The above ideas are described in more detail below and
provide some additional context:
1. Need/Justification for a sidewalk: Strawberry Lane provides a connection to
the Minnewashta Elementary School located on Smithtown Rd. Staff has
historically heard comments from concerned residents about the need for a
pedestrian route along Strawberry Lane. After the scoping study was presented,
residents immediately adjacent to the project voiced their opinions and
questioned the need for a sidewalk due to concern over tree and yard impacts. At
the open house there were many residents near the project, but not necessarily
adjacent to it, who spoke up in favor of a sidewalk to address pedestrian safety
concerns. In general, there seemed to be consensus for a sidewalk located
against the back of curb.
2. Minimizing impacts by reducing proposed street width two feet: Many
residents were in favor of reducing the proposed street width from 26 feet as
measured from face of curb to face of curb to 24 feet. From the resident’s
perspective the narrower footprint would have less impact on front yards and
trees during construction. Based on the preliminary designs, the two-foot
narrower roadway would save approximately 10 trees. It is currently unknown
the size, species, and health of the impacted trees as the tree inventory is in
process of being completed. The overall impacts to the resident’s front yards
would likely remaining very similar as the contract would allow areas within the
right way and easements to be impacted by construction.
From a staff perspective, one of the largest factors in determining a minimum
width for access and roadways is the State Fire Code. Minnesota State Fire
Code Section D103.1 states “where a fire hydrant is located on a fire apparatus
access road, the minimum road width shall be 26 feet, exclusive of shoulders.”
This section of the fire is included in the attachments. Also, staff is concerned
that the proposed street width of 26 feet wide allows for two-way traffic and on-
street parking on the east side of the street. Narrowing the roadway to 24 feet
would not accommodate on street parking. Many residents adjacent to the
project said they did not want or need on street parking; however, staff believes
that on street parking would be used by package delivery vehicles, lawn
maintenance companies, snow removal companies, and occasionally by overflow
parking from the Minnewashta Elementary School events. In addition, residents
would be able to utilize on street parking when hosting gatherings at their
residents. In addition, allowing vehicles to park on the street will restrict the flow
of traffic ultimately slowing the speed of vehicles and creating more separation
between pedestrians on the sidewalk and in theory creating the safest possible
corridor.
3. Shifting the alignment on the south end towards the west: Many residents
adjacent to the project where in favor of maintaining the western most alignment
of the roadway on the south end which was identified as Alternate 2 at the open
house. This would generally keep the western edge of the roadway within a
couple feet of its current location and would require the acquisition of easements
from four additional property owners on the west side and south of the Lake
Minnetonka Regional Trail. This shift would minimize impacts to the residents’
yards on the east side even though these areas are within the existing right of
way. Either option is acceptable from an engineering perspective, however the
city must be prepared to acquire the additional easements and/or go through the
condemnation process if a negotiated easement cannot be made.
Financial Considerations: This project has been budgeted for in the Capital
Improvement Plan (CIP) in years 2021 and 2022 and includes an overall budget of
$5,466,000. $150,000 of the budget is specific to Right of Way Acquisition. The total
project costs estimated for the feasibility study is $4,820,000. It is estimated that the
western alignment south of the Lake Minnetonka Regional Trail will add a minimum of
$45,000 in right of way acquisition costs.
Recommendation/Action Requested: Based on all the feedback received from
resident’s staff recommends the city council purse the six-foot-wide sidewalk next to the
back of curb, maintain the proposed street width at 26 feet measured from face of
curbs, and maintain the western alignment of Strawberry Lane south of the Lake
Minnetonka Regional Trail.
After the council provides direction staff will continue work on the final plans &
specifications, determine final easements needs, meet with residents, and advance the
permit and coordination with other agencies. The overall goal is substantially
completion by the start of school in 2023. Below is an approximate schedule for
delivery of the project.
Final Design: February thru August of 2022
Easement Acquisition/Negotiations: March thru August 2022
Approve Plans and Award Project: September thru October 2022
Tree Removal* and Private Utility Relocations: August 2022 thru March 2023
*Tree Removal may occur under a separate contract to facilitate private utility
relocations in 2022. This will help ensure substantial completion by Sept 2023.
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-016
A RESOLUTION TO PROVIDE FINAL DESIGN DIRECTION
FOR STRAWBERRY LANE
CITY PROJECT 19-05
WHEREAS, the current Capital Improvement Plan (CIP) identifies improvements to
nd
Strawberry Lane Reconstruction and Trail project from West 62 Street to Smithtown
Road and includes street reconstruction, walking trail, watermain, and drainage
improvements; and
WHEREAS, the city prepared a Feasibility Study and Scoping Document for Strawberry
Lane and Trail project that summarized the costs and impacts of multiple roadway
alignments with varying widths and sidewalk/trail configurations; and
WHEREAS, the city hosted an Open House to gather resident feedback on the various
alternatives; and
WHEREAS, overwhelming feedback from adjacent residents to the project would prefer
a six-foot-wide sidewalk on the east side of the roadway adjacent to the back of curb to
minimize impacts to yards, trees, and other features along the corridor; and
WHEREAS, many residents adjacent to the project would prefer a 24 foot wide roadway
with no on street parking compared to the proposed 26 foot wide roadway that allows on
street parking. However, staff believes having a 26-foot-wide roadway that allows on
street parking is in the best interest of the community as it will provide convenience for
residents, calm traffic speeds, and provide separation from vehicles and pedestrians;
and
WHEREAS, may residents adjacent to the project prefer the roadway south of the Lake
Minnetonka Regional Trail follow the western alignment and require the acquisition of
additional easements from properties on the west side; and
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 directs staff to incorporate
a six-foot-wide concrete sidewalk on the east side of Strawberry Lane adjacent to
the back of curb, a 26-foot-wide roadway that allows on street parking, and south
of the Lake Minnetonka Regional Trail to follow the western alignment.
th
Passed by the City Council of Shorewood, Minnesota this 14 day of February 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
8B
MEETING
TYPE
Regular
Meeting
City of Shorewood Council Meeting Item
Title/Subject:Accepting Bids and Award of Contract; and Approval of Easement
Agreement for the Grant Street Drainage Project, City Project 18-04
Meeting Date: Monday, February 14, 2022
Prepared by: Andrew Budde, City Engineer
Reviewed by: Larry Brown, Director of Public Works
Attachments: Overview Figure, Bid Tabulation, Resolution for Award of Contract,
Resolution for Easement Agreement, Easement Agreement
th
Background: At the January 10Council Meeting, staff had presented the final plans and
specifications for the Grant Street Drainage Project and Council had given authorization to
advertise and open bids for the project. Attachment 1 is a general layout for the project.
Bids for the project were opened on February 8, 2022 (Attachment 2). A total of twelvebids
were received with the low bid submitted by Schneider Excavating & Grading from
Norwood/Young America, Minnesota. The bids are summarized below:
Bidder: Total Bid Amount:
Schneider Excavating $238,991.30
Minger Construction $275,000.00
Bituminous Roadways $275,156.80
New Look Contracting $281,551.50
Meyer Contracting $290,073.90
Kusske Construction $294,480.30
Pember Companies $297,081.00
Valley Paving $308,308.00
GL Contracting $318,270.45
Park Construction Company $335,067.18
Parkstone Contracting $353,895.50
Ramsey Companies$362,097.50
Staff has reviewed all the bids and determined that the low bid is from Schneider Excavating
& Grading. Construction costs of the bid is 33% below the engineer’s estimate. The bids
received indicate that the bidding process was competitive. The work will be substantially
completed by July 31, 2022. The project will be completed for final payment by August 31,
2022. A resolution accepting bids and awarding the contract has been included as
Resolution 22-017.
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
As part of the design of the project, it was identified early on that an additional volume of
stormwater storage would be required to meet permitting requirements and downstream rate
control requirements. Staff identified an existing basin, located on the property owned by
Our Savior Lutheran Church at 23290 State Highway 7, that could be expanded to meet
these requirements. Staff was able to negotiate a drainage and utility easement with the
property owners for permission to expand the existing basin, in exchange for the City taking
over any and all maintenance requirements of the basin.
A proposed drainage and utility easement agreement has been included with Our Saviors
Lutheran Church for approval and execution as an exhibit to Resolution 22-018.
It is noted that if the City Council desires to move ahead with the Award of the
Contract and the Approval of the Drainage and Utility Easement Agreement, a
separate motion for each resolution would be necessary.
Financial Considerations: Engineering and construction costs for this project have been
budgeted for in the City’s Capital Improvement Plans and will be paid for from Storm Sewer
Utility Fund. The budget amount is $430,000 which includes construction, engineering, and
administration. The currentengineers estimate for construction is $310,700.
Options: Staff recommends that the Council consider the following actions:
1.Approve Resolution 22-017accepting the bids and awarding the contract to
Schneider Excavating & Grading, for the Grant Street Drainage Improvements, City
Project 18-04.
2.Approve Resolution 22-018 approving the Drainage and Utility Easement Agreement
with Our Savior Lutheran Church for the property located at 23290 State Highway 7.
3.Provide staff with alternate direction.
4.Take no action, at this time.
Recommendation/Action Requested: Staff recommendsapproval of each resolution
separately, accepting the bids and awarding a contract to Schneider Excavating & Grading
in the amount of $238,991.30 for the Grant Street Drainage Improvements, City Project
18-04; and Approval of the Resolution Approving the Drainage and Utility Easement
23290 State Highway 7.
Agreement for the property located at
Next Steps and Timelines:
Award Construction Contract ...............................................................February 14, 2022
Begin Construction ............................................................................... ……….May, 2022
Construction Substantially Complete ...................................................... ….July 31, 2022
Construction Final Completion ……………………………………………...August 31, 2022
/źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ
Project Bid Tabulation
DƩğƓƷ {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷ tƩƚƆĻĭƷ Soliciting agent:Bolton & Menk, Inc.
BMI No. C16.121664Contact:Andrew Budde, P.E.
Bid Date:02/08/2022 11:00 AM CDT
FirmTotal Bid
Schneider Excavating & Grading$238,991.30
Minger Construction$275,000.00
Bituminous Roadways$275,156.80
New Look Contracting$281,551.50
Meyer Contracting$290,073.90
Kusske Construction$294,480.30
Pember Companies$297,081.00
Valley Paving$308,308.00
GL Contracting$318,270.45
Park Construction Company$335,067.18
Parkstone Contracting$353,895.50
Ramsey Companies$362,097.50
Engineer's Opinion of Cost$354,249.40
L ŷĻƩĻĬǤ ĭĻƩƷźŅǤ ƷŷğƷ Ʒŷźƭ źƭ ğ ƷƩǒĻ ğƓķ ĭƚƩƩĻĭƷ ƷğĬǒƌğƷźƚƓ ƚŅ ƷŷĻ Ĭźķƭ ğƭ ƩĻĭĻźǝĻķ ƚƓ CĻĬƩǒğƩǤ БͲ ЋЉЋЋ ŅƚƩ ƷŷĻ
DƩğƓƷ {ƷƩĻĻƷ LƒƦƩƚǝĻƒĻƓƷ tƩƚƆĻĭƷͲ /źƷǤ tƩƚƆĻĭƷ ЊБΏЉЍ͵
Andrew Budde, P.E., City EngineerSandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-017
A RESOLUTION AWARDING CONTRACT FOR THE
GRANT STREET DRAINAGE PROJECT , CITY PROJECT 18-04
WHEREAS, pursuant to an advertisement for bids for the Grant Street Drainage project, bids
th
were received on February 8, 2022, opened and tabulated according to law as shown in
Exhibit A, with the following bids received and complying with the advertisement:
Contractor Total Bid
Schneider Excavating $238,991.30
Minger Construction $275,000.00
Bituminous Roadways $275,156.80
New Look Contracting $281,551.50
Meyer Contracting $290,073.90
Kusske Construction $294,480.30
Pember Companies $297,081.00
Valley Paving $308,308.00
GL Contracting $318,270.45
Park Construction Company $335,067.18
Parkstone Contracting $353,895.50
Ramsey Companies $362,097.50
WHEREAS, Schneider Excavating & Grading is the lowest responsible bidder; and
WHEREAS, Schneider Excavating & Grading is a responsible and responsive contractor that
has completed projects of similar size and scope successfully; and
NOW THEREFORE, IT RESOLVED: The City Clerk is hereby authorized and directed to
enter into a contract with Schneider Excavating & Grading based on the lowest bid amount in
the name of the City of Shorewood for the Grant Street Drainage Project according to the
plans and specifications approved by the City Council and on file in the office of the City Clerk
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14 day of February
2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-018
A RESOLUTION APPROVING DRAINAGE & UTILITY AGREEMENT
WITH OUR SAVIOR LUTHERAN CHURCH,
CITY PROJECT 18-04
WHEREAS, the City of Shorewood has identified the need to obtain additional
stormwater storage to meet permitting requirements for the Grant Street Drainage
Project, City Project 18-04; and
WHEREAS, it is feasible to expand the existing stormwater basin located on the
property owned by Our Savior Lutheran Church at 23290 State Highway 7; and
WHEREAS, the City has come to an agreement with Our Savior Lutheran Church to
provide a drainage & utility easement and expansion of the existing storm water
pond on the property located at 23290 State Highway 7, in exchange for the City
taking over long-term maintenance of the existing storm water pond.
NOW THEREFORE, IT RESOLVED: The City hereby approves the drainage & utility
easement agreement with the Our Savior Lutheran Church for the property located
at 23290 State Highway 7, attached hereto as Exhibit A.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14 day of
February 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
GRANT OF PERMANENT DRAINAGE AND UTILITYEASEMENT
Our SaviorsLutheran Church
23290 Highway 7
THIS PERMANENT DRAINAGE AND UTILITYEASEMENT(the Easement) made
as of _______________,2022, by and betweenthe EVANGELICAL LUTHERAN CHURCH
OF OUR SAVIOR, a Minnesota nonprofit corporation, dba Our SaviorsLutheran Church,
located at 23290 Highway 7, Shorewood, Minnesota 55331 (Grantor)and the CITY OF
SHOREWOOD, Minnesota, a Minnesota municipal corporation (theCity).
RECITALS
Grantor istheowner in fee simple of land located within the City of Shorewood,
Minnesota, which landis legally described in the attached Exhibit Aand the
City desires to use a portion of theProperty for a drainage and utility easement for the
construction and maintenance of drainage and utility improvements.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and the covenants and agreements hereinafter set forth, the
parties hereto agree as follows:
1.Grant of Easement; Uses and Purposes. Grantorhereby grantsand conveystothe
Citya perpetual easement over, underand across that portion of the Propertylegally described
anddepicted on ExhibitBattached hereto and incorporated herein (theAreafor the
purpose of allowing the City, its employees and contractors, toinstall, maintain, repair and
replace as necessaryfor the construction and maintenance of drainage and utility improvements.
2.Conditions of Easement Grant. TheEasementArea granted hereby shall be
subject to the following:
(a)The Cityshallmaintain the dry pond and swale within the Easement Area
and assume the obligations of Grantor titled Stormwater Facility Maintenancein that
Declaration dated April 19, 2000, and recorded as Document No. 8197487.
(b)The City shall accommodate and maintain rate control foran additional
4520 square feet of new impervious surfacetowardsthefuture expansion of the Grantor
facilities. The City will not be responsible for volume or water quality controlrelated to the
futureexpansion.TheCity does not limit or restrict the Grantor the opportunity to change or
modify the storm water facilitiesandagreementsto meet its future needs,provided it isdesigned
andpermitted in accordance with all permitting agenciesat the time of modification.
4881-4778-9824.1
3. Miscellaneous. This Easement shall be governed by the laws of Minnesota, shall
run with the land and be binding upon all successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
EVANGELICAL LUTHERAN CHURCH OF
OUR SAVIOR, dba Our Saviors Lutheran
Church
Josh Pratt, President of the Board of Directors
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument executed by Jeff Machemehl, Property Manager of Evangelical
Lutheran Church of Our Savior, dba Our Saviors Lutheran Church, was acknowledged before me
this ___ day of ________, 2022.
Notary Public
CITY OF SHOREWOOD
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument executed by ________________, the ___________ of the City
of Shorewood, was acknowledged before me this ___ day of ________, 2022.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kutak Rock LLP (TJK)
60 South Sixth Street, Suite 3400
Minneapolis, MN 55402
- 2 -
4881-4778-9824.1
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
- 3 -
4881-4778-9824.1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF THE EASEMENT AREA
- 4 -
4881-4778-9824.1
City of Shorewood Council Meeting Item
9A
Title/Subject: Flexible Work Arrangement Policy
Meeting Date: February 14, 2022
MEETING
Prepared By: Sandie Thone, City Clerk/Human Resources Director
TYPE
REGULAR
Reviewed By: Greg Lerud, City Administrator
Attachments: Proposed Flexible Work Arrangement Policy
Telecommuting and Remote Access Policy, Section 4
Background:
On June 28, 2021, staff presented a Flexible Work Arrangement (FWA) Policy to the
city council at its regular meeting. Council discussed the policy and made the decision
to bring it back at a later date. On November 30, 2021, at the Council/Staff Retreat, the
policy was discussed briefly, but since not all councilmembers were present, it was
decided it would be brought back to a future council meeting when all members could
be present to discuss and consider approval.
It is important to note that flexible work arrangements are not a new thing, they are
already allowed in the current personnel policy. Flexible Work Arrangements are
currently in place for both city hall employees and public works employees and consist
of staggered and split working schedules that are in place to allow an added level of
safety precautions related to the pandemic. In addition, four employees work a
compressed work week schedule, one employee has a regularly scheduled remote
work day once per week, and the remaining city hall employees maintain consistent
work schedules that include flexible start and end times compared to the traditional
schedule of 8 a.m. to 4:30 p.m.
This FWA policy would allow us a framework to ensure the practice is implemented in
the best interest of the city and that it is administered fairly. The policy replaces
outdated and irrelevant language in the City’s current Personnel Policy, and adds
important guidelines that are not in the current policy. The proposed policy provides
parameters for flexible work arrangements that employees and their supervisors will use
as a guide when making decisions whether to grant and how to establish the
requirements of these arrangements. Flexible Work Arrangements include flexible start
and end times, compressed work week schedules, and partial remote work options.
The pandemic has brought forth an opportunity and best practice for organizations to
formally adopt and implement policies around employee’s work arrangements. Staff
strongly believes in implementing policies, tools, resources, and services to improve the
employee experience. Improving the employee experience ultimately benefits the city,
its constituents and partners.
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
In a 2021 confidential online employee survey regarding Flexible Work Arrangements
(FWA), 100% of employees who responded to the survey supported flexible work
arrangements and were interested in some sort of FWA. 93% of respondents stated it
would increase their commitment to the city and 86% of respondents believed it would
improve staff morale and allows for a better work/life balance. Of the respondents, 79%
desire a compressed work week, 72% desired remote work days (1-2 per week), and
58% desired a flexible schedule.
Please find the Flexible Work Arrangement Policy attached for your review.
In addition, please find attached the Telecommuting and Remote Access Policy in
Section 4 of the current Personnel Policy which would be removed with the approval of
this policy.
There are some fixed principles that will not be abandoned when considering requests:
1. Maintain the Monday thru Friday, 8:00 to 4:30 city hall schedule.
2. Maintain coverage at city hall for each day of the week for each department.
3. Remote working plans will not exceed one day per week for those on a
compressed schedule, or two days per week for non-compressed work
schedules.
4. Employees working remotely will be subject to the city’s performance review
standards and if work falls below those expectations, remote work options will be
rescinded.
Financial or Budget Considerations: None.
Recommended Action: Staff respectfully recommends the city council approve the
Flexible Work Arrangement Policy which would include the removal of the
Telecommuting and Remote Access Policy, Section 4 in the current Personnel Policy.
Motion, second and simple majority vote required.
CITY OF SHOREWOOD
FLEXIBLE WORK ARRANGEMENT POLICY
Introduction
The City of Shorewood supports workplace flexibility to promote a highly productive work environment
and recognizes that flexible work arrangements can help the organization retain valuable employees
and reduce turnover costs while also benefiting staff by offering an alternative approach to completing
work through non-traditional work hours and worksites. Therefore, in recognition of the ever-evolving
workplace, it is the policy of the City of Shorewood to provide flexible work environments to eligible
employees.
To participate in this program, an employee’s work and responsibilities must be conducive to a flexible
work arrangement without causing disruption to performance, disruptions to fellow employee work
schedules, and/or service delivery. The employee is expected to perform all duties as assigned.
The policy is a business and workplace strategy. It is not an entitlement, it is not a city-wide benefit, and
in no way changes the terms and conditions of employment with the city, and outstanding service to the
public will remain paramount to how we work.
Options
Flexible work arrangement is an all-encompassing term that includes, flex time, a compressed work
week, or working offsite. Definitions:
Flextime: Agreed-upon starting and departure times that differ from the standard schedule for the
department, division, or work group, that typically occurs over a period of at least two months. Flextime
does not reduce the total number of hours worked in a given workweek. Flextime options include fixed
starting/ending times that change periodically or are fixed.
Compressed workweek: A traditional 40-hour workweek condensed into fewer than five workdays.
Working offsite (remote): A regular, routine work arrangement that allows the employee to perform a
portion of their job outside City facilities. This type of arrangement specifies the number of hours
and/or days to be worked outside the office.
Criteria
To maintain a flexible work arrangement the following parameters must be met:
Employees requesting formal flexible work arrangements must have exhibited above-average
work performance.
The schedule for working offsite shall be defined by the supervisor in communication with the
employee.
Any flexible workplace agreement made may be discontinued, at any time, at the request of the
employee or the City.
Employees who work in a flexible workplace must conform to all City of Shorewood polices,
especially those relating to the use of City equipment, data privacy, and computer security.
Appropriate communication is expected with the employee’s supervisor and coworkers
regarding offsite arrangements. This communication includes the use and sharing of an
employee’s Outlook calendar, along with use of Cisco Jabber so coworkers are aware of an
employee’s availability.
General Guidelines
A. A flexible work arrangement is a business and workplace strategy, not an employee right or
universal employee benefit.
B. Because the probationary period is integral to employee development, probationary employees
will not be eligible for flexible work arrangements, unless there are extraordinary circumstances,
as determined by the Human Resources Director and the City Administrator.
C. A flexible work arrangement is not a substitute for dependent care, or other personal needs,
commitments, or requirements.
D. Flexible work arrangement requests are not the same as the occasional need for flexibility.
Flexible work arrangements generally last longer than two months and are a regular and
predictable part of the employee’s work schedule.
E. Not all requests will be accommodated and not all positions are appropriate for flexible work
options.
F. The operational needs of the department or work group cannot be compromised by flexible
work options.
G. Performance expectations remain the same regardless of the employee’s work schedule or
location.
H. Flexible work arrangements are not guaranteed or permanent.
I. The supervisor or city administrator may temporarily adjust work schedules or location as
needed to meet the operational needs of the work group.
J. When making decisions regarding flexible work arrangements, the impact on other staff
members should be considered. This includes, but is not limited to, coverage for each
department during regular City Hall hours will be maintained.
K. Customers and staff should not be adversely affected by a flexible work arrangement. A flexible
work arrangement may be discontinued if adverse effects arise.
L. Flexible work arrangements must follow the city’s information security and data policies as well
as all other city policies.
M. This policy is not designed to replace the temporary schedule deviations that the city and
employee manage from time to time.
N. Meetings or trainings already established should not be rescheduled because of flexible work
arrangements.
O. Employees working offsite should be accessible as they would be in City offices. The
arrangement must be seamless to residents and customers.
P. When working under a flexible work arrangement, travel to and from a city office for the
purpose of meetings or other work requirements are not considered eligible for compensation
and mileage will not be reimbursed.
Q. The department head retains the right to require an employee to work onsite, even on days that
were previously approved for offsite work. This right shall only be exercised for specific dates
and times, and not regularly exercised.
R. The decision from the city administrator regarding a flexible work arrangement shall be final and
not appealable. Nothing prevents the employee from submitting future flexible work
arrangement requests.
S. Failure to comply with any of the provisions of a flexible work arrangement agreement or this
policy will result in the immediate termination of the agreement and may be grounds for
discipline.
T. All Flexible Work Arrangements will be done on a trial basis as determined by the Department
Head.
U. When considering requests, the following fixed standards must be considered:
1. Maintaining regular business hours (CH: 8 a.m. to 4:30 p.m.; PW 7 a.m. to 3:30 p.m.)
2. Maintain coverage at city hall for each day of the week for each department
3. Remote work arrangements will not exceed one day/week for compressed work
schedules and two days per week for non-compressed work schedules and will not
include days that fall on either side of a weekend.
4. Eight hours of pay is the maximum allowed per holiday. If a holiday falls on a day that
an employee is scheduled to work more than eight hours, the employee must use
vacation or personal leave or work the additional hours in that pay period to
supplement the rest of the scheduled workday as approved by their supervisor.
5. City employees are ambassadors of the community and should always conduct
themselves professionally regardless of where the employee is located.
Working Offsite Guidelines
The work area should be suitable to complete work assigned, safe, ergonomically appropriate,
and located in a space where the employee can conduct business professionally. Employees that
work offsite must have internet access with enough bandwidth to reliably connect to the city’s
VPN.
Equipment, software, or other supplies provided by the City of Shorewood remain the property
of the City and are subject to the same business use restrictions as if located at the employee’s
primary work site. No personal software may be loaded on City-owned equipment.
All city provided equipment must be used for City business only and must be used exclusively by
the employee.
The City will provide maintenance, repair and replacement of City-owned equipment and
software.
Office furniture/equipment provided by the employee will be at no cost to the City and will be
maintained by the employee.
The internet service needed by the employee to work remotely will need to be procured by the
employee and at no cost to the City. Issues with the internet service shall be resolved through
the internet service provider and not the city’s IT vendor.
Provisions of the Minnesota Government Data Practices Act and data privacy policies must be
followed when performing work at a remote location. Employees will be expected to ensure the
confidentiality and security of all City data assessed from or transported to the offsite location.
The City of Shorewood shall have no liability to third parties for injuries or property damage
occurring at the employee’s home. The employee will remain responsible for such injuries and
damages and should consult with their homeowner’s or renter’s insurance agent to protect
themselves.
Employees are responsible for submitting claims for stolen or damage city-owned equipment to
their personal insurance company and for filing a police report with their local police
department. The employee shall promptly notify their city supervisor of any such claim.
The employee is responsible for establishing a safe and secure work environment. However, if
the employee sustains an injury during the course and scope of performing assigned work
responsibilities, the City of Shorewood may provide workers’ compensation benefits subject to
review of the injury and applicable law. The employee is obligated to provide prompt notice of
an injury.
In accordance with the Occupational Safety and Health Administration (OSHA) Home Worksite
Directive, OSHA will not hold employers liable for employee’s home offices, and there is no
expectation that the City will inspection the home office of their employees. The City, however,
retains the right to visit the site are to determine if it meets the safety standards. Such visit will
be scheduled with a minimum 24- hour advance notice.
Performance Standards
The work area should be suitable to complete work assigned, safe, ergonomically appropriate, and
located in a space where the employee can conduct business professionally. Employees that work offsite
must have internet access
4.0 RESPONSIBILITIES OF EMPLOYEES
Section 4. Telecommuting and Remote Access
a. The City provides employees the ability to connect remotely to the worksite to access
their e-mail and documents from home or other remote location. The City provides this
access for the convenience of the employee, to provide added work schedule flexibility
when needed, and other related benefits.
b. Employees who wish to telecommute must propose a schedule with their supervisor and
obtain approval of the city administrator before the telecommuting begins. The schedule
shall not be for more than three (3) days per week and shall not affect services provided
to the public if the position provides direct customer service.
c. The employee is responsible to provide their own internet access and shall follow all the
provisions of this policy while telecommuting. A department head who chooses to work
from home and who has a mobile communications device shall forward their office
phone to their mobile phone for that day.
d. A non-exempt employee who is on vacation or home on sick leave, is not expected to
access their e-mail or files and work from home during this period. Working from home
while on sick leave does not constitute a regular day and will be counted as a sick day.
e. The city may monitor and track employees who telecommute with or without their
knowledge.
f. An employee who uses their personal computer to connect to the City’s secure network to
access from home or telecommute, are required to maintain current anti-virus software
and shall not retain government data on their personal computer.
g. The City Administrator may terminate an employee’s remote access and telecommuting
schedule at any time and for any reason.
#9B
MEETING TYPE
Regular
City of Shorewood Council Meeting Item
Title / Subject: American Rescue Plan Act of 2021 Funds
Meeting Date: February 14, 2022
Prepared by: Joe Rigdon, Finance Director
Reviewed by: Greg Lerud, City Administrator
Attachments: SLFRP Fact Sheet
Resolution
Use of the Coronavirus local fiscal recovery fund established under the American Rescue Plan
Act
On June 28, 2021, the Council approved a resolution accepting the Coronavirus local fiscal
recovery fund established under the American Rescue Plan Act (ARPA). The act was passed by
Congress and signed into law by President Biden in March 2021. The ARPA is intended to
provide immediate relief to families and workers affected by the COVID-19 pandemic with
direct relief payments, expanded tax credits, homeowner and renter assistance, and support
for state, local, and tribal governments across the country. An amount of $883,437.60 of ARPA
funds have been allocated to the City of Shorewood. The City received $441,718.80, or half of
the ARPA funds, in 2021 and will receive the other half in July 2022.
Use of funds may include:
Support public health expenditures
Address negative economic impacts caused by the public health emergency
Replace lost public sector revenue
Provide premium pay for essential workers
Invest in water, sewer, and broadband infrastructure
See the attached Fact Sheet provided by the U.S. Department of the Treasury for further
information.
For Shorewood, current projects utilizing ARPA funds include:
Covington Road watermain improvement project. This is an emergency replacement
which is not accounted for in the City’s Water Capital Improvement Plan. Approximate
total costs are $360,000.
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Water meter repair and replacement project. Total costs are to be determined by
meter conditions. Preliminary costs have been approved in the amount of $66,950.
Previous council discussion and direction was provided at the 8/19/21 council work session,
10/12/21 council meeting, and 11/30/21 council and staff retreat. The purpose of the attached
proposed resolution is to formalize council direction related to current uses of the ARPA
funding.
Financial or Budget Considerations:
As noted above.
Recommended Action:
Approve a Resolution to spend American Rescue Plan Act funds
Next Steps and Timelines:
Funds must be obligated by December 31, 2024 and the period of performance will run until
December 31, 2026, which will provide recipients a reasonable amount of time to complete
projects funded with ARPA Funds.
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FACTSHEET:TheCoronavirusStateandLocalFiscalRecoveryFundsWillDeliver
$350 Billionfor State, Local, Territorial, and Tribal Governments to Respond to the
COVID-19 Emergency and Bring Back Jobs
May 10, 2021
Aid to state, local, territorial, and Tribal governments will help turn the tide on the pandemic, address its
economic fallout, and lay the foundation for a strong and equitable recovery
Today, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local
Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion in
emergency funding for eligible state, local, territorial, and Tribal governments. Treasury also released
details on how these funds can be used to respond to acute pandemic response needs, fill revenue
shortfalls among these governments, and support the communities and populations hardest-hit by the
COVID-19 crisis. With the launch of the Coronavirus State and Local Fiscal Recovery Funds, eligible
jurisdictions will be able to access this funding in the coming days to address these needs.
State, local, territorial, and Tribal governments have been on the frontlines of responding to the
immense public health and economic needs created by this crisis – from standing up vaccination sites to
supporting small businesses – even as these governments confronted revenue shortfalls during the
downturn. As a result, these governments have endured unprecedented strains, forcing many to make
untenable choices between laying off educators, firefighters, and other frontline workers or failing to
provide other services that communities rely on. Faced with these challenges, state and local
governments have cut over 1 million jobs since the beginning of the crisis. The experience of prior
economic downturns has shown that budget pressures like these often result in prolonged fiscal
austerity that can slow an economic recovery.
To support the immediate pandemic response, bring back jobs, and lay the groundwork for a strong and
equitable recovery, the American Rescue Plan Act of 2021 established the Coronavirus State and Local
Fiscal Recovery Funds, designed to deliver $350 billion to state, local, territorial, and Tribal governments
to bolster their response to the COVID-19 emergency and its economic impacts. Today, Treasury is
launching this much-needed relief to:
• Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring
the pandemic under control;
• Replace lost public sector revenue to strengthen support for vital public services and help retain
jobs;
• Support immediate economic stabilization for households and businesses; and,
• Address systemic public health and economic challenges that have contributed to the inequal
impact of the pandemic on certain populations.
The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction
to meet local needs—including support for households, small businesses, impacted industries, essential
workers, and the communities hardest-hit by the crisis. These funds also deliver resources that
recipients can invest in building, maintaining, or upgrading their water, sewer, and broadband
infrastructure.
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Starting today, eligible state, territorial, metropolitan city, county, and Tribal governments may request
Coronavirus State and Local Fiscal Recovery Funds through the Treasury Submission Portal. Concurrent
with this program launch, Treasury has published an Interim Final Rule that implements the provisions
of this program.
FUNDING AMOUNTS
The American Rescue Plan provides a total of $350 billion in Coronavirus State and Local Fiscal Recovery
Funds to help eligible state, local, territorial, and Tribal governments meet their present needs and build
the foundation for a strong recovery. Congress has allocated this funding to tens of thousands of
jurisdictions. These allocations include:
Amount
Type
($ billions)
States & District of Columbia $195.3
Counties$65.1
Metropolitan Cites$45.6
Tribal Governments $20.0
Territories $4.5
Non-Entitlement Units of $19.5
Local Government
Treasury expects to distribute these funds directly to each state, territorial, metropolitan city, county,
and Tribal government. Local governments that are classified as non-entitlement units will receive this
funding through their applicable state government. Treasury expects to provide further guidance on
distributions to non-entitlement units next week.
Local governments should expect to receive funds in two tranches, with 50% provided beginning in May
2021 and the balance delivered 12 months later. States that have experienced a net increase in the
unemployment rate of more than 2 percentage points from February 2020 to the latest available data as
of the date of certification will receive their full allocation of funds in a single payment; other states will
receive funds in two equal tranches. Governments of U.S. territories will receive a single payment.
Tribal governments will receive two payments, with the first payment available in May and the second
payment, based on employment data, to be delivered in June 2021.
USES OF FUNDING
Coronavirus State and Local Fiscal Recovery Funds provide eligible state, local, territorial, and Tribal
governments with a substantial infusion of resources to meet pandemic response needs and rebuild a
stronger, more equitable economy as the country recovers. Within the categories of eligible uses,
recipients have broad flexibility to decide how best to use this funding to meet the needs of their
communities. Recipients may use Coronavirus State and Local Fiscal Recovery Funds to:
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• Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses,
behavioral healthcare, and certain public health and safety staff;
• Address negative economic impacts caused by the public health emergency, including
economic harms to workers, households, small businesses, impacted industries, and the public
sector;
• Replace lost public sector revenue, using this funding to provide government services to the
extent of the reduction in revenue experienced due to the pandemic;
• Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical infrastructure
sectors; and,
• Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet.
Within these overall categories, Treasury’s Interim Final Rule provides guidelines and principles for
determining the types of programs and services that this funding can support, together with examples
of allowable uses that recipients may consider. As described below, Treasury has also designed these
provisions to take into consideration the disproportionate impacts of the COVID-19 public health
emergency on those hardest-hit by the pandemic.
1. Supporting the public health response
Mitigating the impact of COVID-19 continues to require an unprecedented public health response from
state, local, territorial, and Tribal governments. Coronavirus State and Local Fiscal Recovery Funds
provide resources to meet these needs through the provision of care for those impacted by the virus
and through services that address disparities in public health that have been exacerbated by the
pandemic. Recipients may use this funding to address a broad range of public health needs across
COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources. Among
other services, these funds can help support:
• Services and programs to contain and mitigate the spread of COVID-19, including:
Vaccination programsEnhancement of healthcare capacity,
Medical expenses including alternative care facilities
Testing Support for prevention, mitigation, or
Contact tracing other services in congregate living
Isolation or quarantine facilities and schools
PPE purchases Enhancement of public health data
Support for vulnerable populations to systems
access medical or public health services Capital investments in public facilities to
Public health surveillance (e.g., meet pandemic operational needs
monitoring for variants) Ventilation improvements in key settings
Enforcement of public health orders like healthcare facilities
Public communication efforts
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• Services to address behavioral healthcare needs exacerbated by the pandemic, including:
Mental health treatmentCrisis intervention
Substance misuse treatmentServices or outreach to promote access
Other behavioral health services to health and social services
Hotlines or warmlines
• Payroll and covered benefits expenses for public health, healthcare, human services, public
safety and similar employees, to the extent that they work on the COVID-19 response. For
public health and safety workers, recipients can use these funds to cover the full payroll and
covered benefits costs for employees or operating units or divisions primarily dedicated to the
COVID-19 response.
2. Addressing the negative economic impacts caused by the public health emergency
The COVID-19 public health emergency resulted in significant economic hardship for many Americans.
As businesses closed, consumers stayed home, schools shifted to remote education, and travel declined
precipitously, over 20 million jobs were lost between February and April 2020. Although many have
since returned to work, as of April 2021, the economy remains more than 8 million jobs below its pre-
pandemic peak, and more than 3 million workers have dropped out of the labor market altogether since
February 2020.
To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal
Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range
of assistance to individuals and households, small businesses, and impacted industries, in addition to
enabling governments to rehire public sector staff and rebuild capacity. Among these uses include:
• Delivering assistance to workers and families, including aid to unemployed workers and job
training, as well as aid to households facing food, housing, or other financial insecurity. In
addition, these funds can support survivor’s benefits for family members of COVID-19 victims.
• Supporting small businesses, helping them to address financial challenges caused by the
pandemic and to make investments in COVID-19 prevention and mitigation tactics, as well as to
provide technical assistance. To achieve these goals, recipients may employ this funding to
execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable
small businesses to rebound from the downturn.
• Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that
were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend.
Similarly impacted sectors within a local area are also eligible for support.
• Rebuilding public sector capacity, by rehiring public sector staff and replenishing
unemployment insurance (UI) trust funds, in each case up to pre-pandemic levels. Recipients
may also use this funding to build their internal capacity to successfully implement economic
relief programs, with investments in data analysis, targeted outreach, technology infrastructure,
and impact evaluations.
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3. Serving the hardest-hit communities and families
While the pandemic has affected communities across the country, it has disproportionately impacted
low-income families and communities of color and has exacerbated systemic health and economic
inequities. Low-income and socially vulnerable communities have experienced the most severe health
impacts. For example, counties with high poverty rates also have the highest rates of infections and
deaths, with 223 deaths per 100,000 compared to the U.S. average of 175 deaths per 100,000.
Coronavirus State and Local Fiscal Recovery Funds allow for a broad range of uses to address the
disproportionate public health and economic impacts of the crisis on the hardest-hit communities,
populations, and households. Eligible services include:
• Addressing health disparities and the social determinants of health, through funding for
community health workers, public benefits navigators, remediation of lead hazards, and
community violence intervention programs;
• Investments in housing and neighborhoods, such as services to address individuals
experiencing homelessness, affordable housing development, housing vouchers, and residential
counseling and housing navigation assistance to facilitate moves to neighborhoods with high
economic opportunity;
• Addressing educational disparities through new or expanded early learning services, providing
additional resources to high-poverty school districts, and offering educational services like
tutoring or afterschool programs as well as services to address social, emotional, and mental
health needs; and,
• Promoting healthy childhood environments, including new or expanded high quality childcare,
home visiting programs for families with young children, and enhanced services for child
welfare-involved families and foster youth.
Governments may use Coronavirus State and Local Fiscal Recovery Funds to support these additional
services if they are provided:
• within a Qualified Census Tract (a low-income area as designated by the Department of Housing
and Urban Development);
• to families living in Qualified Census Tracts;
• by a Tribal government; or,
• to other populations, households, or geographic areas disproportionately impacted by the
pandemic.
4. Replacing lost public sector revenue
State, local, territorial, and Tribal governments that are facing budget shortfalls may use Coronavirus
State and Local Fiscal Recovery Funds to avoid cuts to government services. With these additional
resources, recipients can continue to provide valuable public services and ensure that fiscal austerity
measures do not hamper the broader economic recovery.
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Many state, local, territorial, and Tribal governments have experienced significant budget shortfalls,
which can yield a devastating impact on their respective communities. Faced with budget shortfalls and
pandemic-related uncertainty, state and local governments cut staff in all 50 states. These budget
shortfalls and staff cuts are particularly problematic at present, as these entities are on the front lines of
battling the COVID-19 pandemic and helping citizens weather the economic downturn.
Recipients may use these funds to replace lost revenue. Treasury’s Interim Final Rule establishes a
methodology that each recipient can use to calculate its reduction in revenue. Specifically, recipients
will compute the extent of their reduction in revenue by comparing their actual revenue to an
alternative representing what could have been expected to occur in the absence of the pandemic.
Analysis of this expected trend begins with the last full fiscal year prior to the public health emergency
and projects forward at either (a) the recipient’s average annual revenue growth over the three full
fiscal years prior to the public health emergency or (b) 4.1%, the national average state and local
revenue growth rate from 2015-18 (the latest available data).
For administrative convenience, Treasury’s Interim Final Rule allows recipients to presume that any
diminution in actual revenue relative to the expected trend is due to the COVID-19 public health
emergency. Upon receiving Coronavirus State and Local Fiscal Recovery Funds, recipients may
immediately calculate the reduction in revenue that occurred in 2020 and deploy funds to address any
shortfall. Recipients will have the opportunity to re-calculate revenue loss at several points through the
program, supporting those entities that experience a lagged impact of the crisis on revenues.
Importantly, once a shortfall in revenue is identified, recipients will have broad latitude to use this
funding to support government services, up to this amount of lost revenue.
5. Providing premium pay for essential workers
Coronavirus State and Local Fiscal Recovery Funds provide resources for eligible state, local, territorial,
and Tribal governments to recognize the heroic contributions of essential workers. Since the start of the
public health emergency, essential workers have put their physical well-being at risk to meet the daily
needs of their communities and to provide care for others.
Many of these essential workers have not received compensation for the heightened risks they have
faced and continue to face. Recipients may use this funding to provide premium pay directly, or through
grants to private employers, to a broad range of essential workers who must be physically present at
their jobs including, among others:
Staff at nursing homes, hospitals, Truck drivers, transit staff, and
and home-care settings warehouse workers
Workers at farms, food production Childcare workers, educators, and school
facilities, grocery stores, and restaurants staff
Janitors and sanitation workers Social service and human services staff
Public health and safety staff
Treasury’s Interim Final Rule emphasizes the need for recipients to prioritize premium pay for lower
income workers. Premium pay that would increase a worker’s total pay above 150% of the greater of
the state or county average annual wage requires specific justification for how it responds to the needs
of these workers.
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In addition, employers are both permitted and encouraged to use Coronavirus State and Local Fiscal
Recovery Funds to offer retrospective premium pay, recognizing that many essential workers have not
yet received additional compensation for work performed. Staff working for third-party contractors in
eligible sectors are also eligible for premium pay.
6. Investing in water and sewer infrastructure
Recipients may use Coronavirus State and Local Fiscal Recovery Funds to invest in necessary
improvements to their water and sewer infrastructures, including projects that address the impacts of
climate change.
Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as
building or upgrading facilities and transmission, distribution, and storage systems, including the
replacement of lead service lines.
Recipients may also use this funding to invest in wastewater infrastructure projects, including
constructing publicly-owned treatment infrastructure, managing and treating stormwater or subsurface
drainage water, facilitating water reuse, and securing publicly-owned treatment works.
To help jurisdictions expedite their execution of these essential investments, Treasury’s Interim Final
Rule aligns types of eligible projects with the wide range of projects that can be supported by the
Environmental Protection Agency’s Clean Water State Revolving Fund and Drinking Water State
Revolving Fund. Recipients retain substantial flexibility to identify those water and sewer infrastructure
investments that are of the highest priority for their own communities.
Treasury’s Interim Final Rule also encourages recipients to ensure that water, sewer, and broadband
projects use strong labor standards, including project labor agreements and community benefits
agreements that offer wages at or above the prevailing rate and include local hire provisions.
7. Investing in broadband infrastructure
The pandemic has underscored the importance of access to universal, high-speed, reliable, and
affordable broadband coverage. Over the past year, millions of Americans relied on the internet to
participate in remote school, healthcare, and work.
Yet, by at least one measure, 30 million Americans live in areas where there is no broadband service or
where existing services do not deliver minimally acceptable speeds. For millions of other Americans, the
high cost of broadband access may place it out of reach. The American Rescue Plan aims to help remedy
these shortfalls, providing recipients with flexibility to use Coronavirus State and Local Fiscal Recovery
Funds to invest in broadband infrastructure.
Recognizing the acute need in certain communities, Treasury’s Interim Final Rule provides that
investments in broadband be made in areas that are currently unserved or underserved—in other
words, lacking a wireline connection that reliably delivers minimum speeds of 25 Mbps download and 3
Mbps upload. Recipients are also encouraged to prioritize projects that achieve last-mile connections to
households and businesses.
Using these funds, recipients generally should build broadband infrastructure with modern technologies
in mind, specifically those projects that deliver services offering reliable 100 Mbps download and 100
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Mbps upload speeds, unless impracticable due to topography, geography, or financial cost. In addition,
recipients are encouraged to pursue fiber optic investments.
In view of the wide disparities in broadband access, assistance to households to support internet access
or digital literacy is an eligible use to respond to the public health and negative economic impacts of the
pandemic, as detailed above.
8. Ineligible Uses
Coronavirus State and Local Fiscal Recovery Funds provide substantial resources to help eligible state,
local, territorial, and Tribal governments manage the public health and economic consequences of
COVID-19. Recipients have considerable flexibility to use these funds to address the diverse needs of
their communities.
To ensure that these funds are used for their intended purposes, the American Rescue Plan Act also
specifies two ineligible uses of funds:
• States and territories may not use this funding to directly or indirectly offset a reduction in net
tax revenue due to a change in law from March 3, 2021 through the last day of the fiscal year
in which the funds provided have been spent. The American Rescue Plan ensures that funds
needed to provide vital services and support public employees, small businesses, and families
struggling to make it through the pandemic are not used to fund reductions in net tax revenue.
Treasury’s Interim Final Rule implements this requirement. If a state or territory cuts taxes, they
must demonstrate how they paid for the tax cuts from sources other than Coronavirus State
Fiscal Recovery Funds—by enacting policies to raise other sources of revenue, by cutting
spending, or through higher revenue due to economic growth. If the funds provided have been
used to offset tax cuts, the amount used for this purpose must be paid back to the Treasury.
• No recipient may use this funding to make a deposit to a pension fund. Treasury’s Interim
Final Rule defines a “deposit” as an extraordinary contribution to a pension fund for the purpose
of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients
may use funds for routine payroll contributions for employees whose wages and salaries are an
eligible use of funds.
Treasury’s Interim Final Rule identifies several other ineligible uses, including funding debt service, legal
settlements or judgments, and deposits to rainy day funds or financial reserves. Further, general
infrastructure spending is not covered as an eligible use outside of water, sewer, and broadband
investments or above the amount allocated under the revenue loss provision. While the program offers
broad flexibility to recipients to address local conditions, these restrictions will help ensure that funds
are used to augment existing activities and address pressing needs.
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CITY OF SHOREWOOD
RESOLUTION NO. 22-019
A RESOLUTION TO SPEND AMERICAN RESCUE PLAN ACT FUNDS
WHEREAS, the American Rescue Plan Act (ARPA) was signed into law by President Biden in
March of 2021,
WHEREAS, ARPA appropriates funds to nonentitlement units of government (NEUs) to
mitigate the fiscal effects stemming from the public health emergency with respect to COVID-
19,
WHEREAS, A nonentitlement unit of government is defined as a city, that is not a metropolitan
city,
WHEREAS, City of Shorewood is a nonentitlement unit of government and has
accepted funds from ARPA,
WHEREAS, ARPA permits NEUs to spend ARPA funds under major categories, which
include (A) supporting public health expenditures, (B) addressing negative economic impacts
caused by the public health emergency, (C) replacing lost public sector revenue, (D) providing
premium pay for essential workers, and (E) investing in water, sewer, and broadband
infrastructure,
WHEREAS, the city seeks to use ARPA funds on a water infrastructure investment project
(Covington Road Watermain Improvements) and,
WHEREAS, the city seeks to use ARPA funds on a water infrastructure investment project
(water meter repair and replacement project).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
Covington Road Watermain Improvements and water meter
The city will use ARPA funds to pay for
repair and replacements
as infrastructure investments as allowed by ARPA.
Adopted by the City Council of Shorewood, Minnesota this 14th day of February, 2022.
___________________
Mayor
Attested:
____________________
City Clerk