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01-09-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 9, 2023 7:00 P.M. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. AGENDA 1. CONVENE CITY COUNCIL MEETING Oaths of Office Dustin Maddy, Council Member Guy Sanschagrin, Council Member A. Pledge of Allegiance B. Roll Call Mayor Labadie___ Johnson___ Callies___ Maddy___ Sanschagrin___ C. Review and Adopt Agenda Attachments 2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening under a single motion. These items have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff may request that an item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of December 12, 2022 Minutes B. Municipal Canvas Board Meeting of December 12, 2022 Minutes C. City Council Regular Meeting Minutes of December 12, 2022 Minutes D. Approval of the Verified Claims List Claims List E. Approve Master Fee Schedule City Clerk/HR Director Memo Resolution 23-001 F. 2023 Mileage Reimbursement Rate City Clerk/HR Director Memo G. Out of State Travel Policy Approval City Clerk/HR Director Memo H. Authorize Advertisement for Public Works Light Director of Public Works Memo Equipment Operator CITY COUNCIL REGULAR MEETING AGENDA Page 2 I. Accept Donations from Xcel Energy, Joey Nova’s Pizza, Park/Rec Director Memo Excelsior Eye Care, and Caribou Coffee for Arctic Fever Event Resolution 23-002 J. Approve Hire of Rink Attendants Park/Rec Director Memo K. Approve Strawberry Lane Street Reconstruction Project City Engineer Memo Agreements Resolution 23-003 L. Approve Extension of Final Plat Approval for “Excelsior Woods” Planning Technician Memo Location: 20325 Excelsior Boulevard Resolution 23-004 Applicant: Red Granite Construction M. COVID Sick Leave Policy City Clerk/HR Director Memo Resolution 23-005 N. Approve Recreation Specialist Appointment Park/Rec Director Memo 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) 4. PARKS A. Review security options for Manor Park Park/Rec Director Memo B. Review options for Freeman Park Trail Rehabilitation Project Planning Director Memo 5. ENGINEERING/PUBLIC WORKS A. Authorize Eminent Domain – Strawberry Lane Street City Engineer Memo Reconstruction Project, City Project 19-05 Resolution 23-006 B. Change Order for Street Sweeping Disposal City Engineer Memo 6. GENERAL/NEW BUSINESS A. 2023 Annual Appointments and Designations City Administrator Memo Resolution 23-007 B. Approve Appointment of Park Commissioners City Clerk/HR Director Memo Resolution 23-008 7. STAFF AND COUNCIL REPORTS A. Staff B. Mayor and City Council 8. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 12, 2022 5:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 5:30 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Labadie, Gorham, and Callies; City Attorney Shepherd; Interim City Administrator Shukle; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda 2. REVIEW REAFFIRMATION OF BEE SALE RESOLUTION Planning Director Darling explained that at a recent Work Session the Council had expressed concern that the wording in Resolution No. 14-066 does not allow for gradual implementation of the plan from IPM Institute. She stated that they had also expressed concern that the cost of full- scale implementation of the plan would exceed the amount that had been tentatively budgeted which was $45,000/year. She explained that at that meeting, staff was directed to prepare some changes to the resolution with the goal of reflecting a realistic implementation process. She noted that City Attorney Shepherd had drafted a resolution that incorporated the comments made by the City Council. She explained that staff had sent out an e-mail blast to the residents that would receive ordinance changes and had also put information on the City’s website. Staff received 5 e-mails which are now part of the public record from: Tom and Sandy Ahlstrom; Judy Chucker; Jeff Dinsmore and Patricia Houser; Pat Arnst; and Dan Koehler. She explained that staff would like them to review the proposed language in the resolution as well as the public comments that were received. Mayor Labadie stated that in the past, she had made reference to herself, Councilmember Siakel and Councilmember Johnson were part of the original resolution. She explained that this was not accurate and rather than Councilmember Johnson, it was Councilmember Dick Woodruff. She noted that the proposed resolution has been reviewed by Interim City Administrator Shukle, City Attorney Shepherd, Public Works Director Brown, and Parks and Recreation Director Crossfield. She thanked the residents who took the time to submit comments to the City in this matter. Councilmember Callies stated that she thinks the proposed resolution is actually worse than the first version in terms of what it is trying to do. She stated that she believes what the City had intended to do was provide more clarification, so that the City and staff have some more direction as to what will occur. She stated that in that regard, she agrees with the comments made by Ms. Chucker, Mr. Dinsmore, and Ms. Houser. She stated that the idea of best practices to ‘refrain’ from the use of chemicals is really meaningless because you cannot have best efforts to stop CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 2 of 7 doing something because that simply means you are not doing it. She stated that she feels that the City is basically being held hostage by this resolution and that the City did not need a resolution in order to implement an appropriate pest management plan. She stated that she thinks were are two separate issues here and noted that she would like there to be more public input on the specifics of what the City wants to implement with a pest management plan, but there was an e-mail blast and there are just a handful of people out of the seven thousand residents that have commented. She stated that she believes that there is too much focus on this resolution and every day it is effecting what the City does. She explained that she believed that the City needs to rescind the resolution and move towards the next step to implement the plan. She reiterated that she did not believe that the City needed to have the resolution in order to decide how they want to implement the plan. She stated that she did appreciate the report that was put together by IPM Institute and felt that they had some good ideas and felt that they also recognized that it was not a zero tolerance policy, but, unfortunately, that is what the resolution says. She stated that she did not think the resolution was helpful in providing guidance to the City and feels it should be scrapped. She noted that she did not feel the proposed resolution took into account any of the variables that may be present throughout the City. She explained that the consultants had stated that there are times when systemic pesticides need to be used which would not be allowed under the existing or the amended resolution. She explained that she would like to see the City move on from this and rescind the resolution because it is not a law and it has had unintended consequences. She stated that her other suggestion for consideration down the road is to put a question on the ballot at the next election and get citizen input as to how much they want to spend and find out how concerned they are about implementing this type of plan because decisions made surrounding this issue could potentially raise everyone’s taxes. She reiterated that she feels the Council needs to move on from this resolution and start doing the work determining what the City wants to do in terms of handling chemicals on public properties and a way to implement the plans, gradually. Councilmember Gorham stated that he agreed that the new resolution language is bad because it puts the City in an ambiguous area of wanting to follow, but not quite following the policy. He stated that he did not think he would go as far as rescinding the existing Bee Safe policy because he does not think the City has given the effort a fair shake yet. He stated that he was coming in with the idea of tabling any action for now because there is a plan. He noted that he feels that Councilmember Callies interpretation of the plan may be a bit off. He stated that he thinks the recommendations are getting the City away from the red zone of systemic pesticides in favor of moving into the yellow zone of ‘not as bad’. He stated that he believed that there are ways for the City to follow the existing resolution without getting into the danger zone of super harmful chemicals. He stated that Shorewood was the first City to do this and they are 0-6 on the pledges that they made. He asked that the City give it at least a year under the new Public Works Director and new City Administrator before any changes are made. He stated that he thinks some of the solution will involve administration as well as oversight. He reiterated that he did not think the next step should be to rescind the resolution without ever trying would not look good for the City. Mayor Labadie stated that Shorewood was the first City in the State to pass a resolution of this nature and noted that many others have passed one since that time, and have used the language in the City’s resolution as a model for theirs. She stated that tabling this for at least a year means the resolution is still there and puts staff in a bad spot as to what should be done moving forward. Councilmember Johnson stated that he is torn on this issue because he can see the point Councilmember Callies was trying to make and her thought process that if the City cannot live up to it, why even have it. He stated that he also does not like the optics of rescinding it because CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 3 of 7 someone looking from the outside may deem that to mean that the City was not trying to make the effort to limit the use of systemic pesticides and be a Bee Safe City which he does not want to happen. He stated that he wants the City to make progress and go through the process of getting IPM’s best recommendations and come up with a plan to implement them. He reiterated that he was torn as to whether the right approach would be to leave the existing resolution in place or to adopt a new resolution. He explained that for either approach, his understanding is that they are temporary, with the City moving towards taking the best information from the consultants that they have hired and then implementing the best possible solution. Councilmember Callies stated that she understands the concerns about the optics, but questions how they can get around the second point in the resolution that says, ‘The City shall refrain from the use of systemic pesticides on Shorewood City property, including pesticides from the neonicotinoid family.’ She stated that this is in black and white and was what got the City into trouble before. She stated that if that stays on the books and the City moves into a gradual implementation, somebody will say that is not allowed, because it is written right there. She stated that she thinks, at a minimum, that language needs to be changed. She stated that she thinks the City needs to separate out what they do from the language of this resolution. She stressed that she did not think this language could be kept in place and the City then just go about with a gradual implementation process. Councilmember Gorham stated that his understanding was that one of the IPM recommendations took the City away from the most harmful chemicals in the less harmful arena, which he feels is the spirit of the second point. Councilmember Callies agreed that was what the recommendations are but noted that is not consistent with what the resolution states. She stated that with the way the resolution is written, people can rightfully say that the City is not refraining from the use of systemic pesticides. She noted that there are also inconsistencies in the resolution because the City is supposed to be undertaking the ‘best efforts’ to become a Bee Safe City. She stated that she does feel the City should work towards this but noted that she did not think the optics were worth keeping this in place, as it is. She stated that she feels it would have been better for the City to have done this study before the resolution was adopted. Mayor Labadie stated that the word ‘optics’ has come up numerous times in this discussion. She explained that she received more complaints this past spring, summer, and early fall about buckthorn, weeds along the Smithtown sidewalk, and the recurrent algae in the Manor Park Pond which had previously been under control. She stated that the City had worked on the Manor Pond project for many years and had deemed it successful and noted that after the alum treatment, she received a lot of feedback from the neighborhood thanking the City for doing this because wildlife and birds were coming back. She stated that this past year, the pond took a step backwards, and she has been receiving a lot of complaints because it was not being managed the way it had been due to the resolution language. Councilmember Gorham stated that he believes the complaints came because the City simply was not managing them at all and had just stopped using systemic pesticides but did not have a Plan B in place. He stated that there is no evidence that tells the City that something else would have worked at Manor Park Pond. Mayor Labadie explained that the City had tried many other things at the Manor Park Pond over many seasons and nothing worked until the alum treatment. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 4 of 7 Councilmember Johnson noted that the City had relied on expertise as to what the best options were in that situation. He stated that he also received more letters of thanks for the alum treatment at Manor Park Pond than he has received on any other issue in the City. Councilmember Callies stated that the athletic associations want the fields taken care of, but again, this has to do with how the City will gradually implement a plan that is feasible economically and for manpower. She stated that she thinks the full Council is in agreement that they want to do these things and minimize unsafe practices, but she does not feel they can have the resolution leading the City by the nose. She noted that if the Council was going to spend months trying to figure out the resolution language, she would prefer they just scrap it and move on to what they will do to implement the plan. She stated that the consultant will be coming back and there will also be public meetings and then they can decide what is the best way forward. She reiterated that she did not feel the resolution should be dictating up front how the City should go about it. Mayor Labadie stated that the Council has limited time on this item because they need to discuss the Capital Improvement Plan and encouraged them to wrap up their comments on this agenda item. Councilmember Johnson asked when the City starts treating the parks in the spring. Public Works Director Brown stated that it is usually around late April or early May. Councilmember Johnson asked how many more steps the City had to go with the IPM companies before they really get a sense as to what the best options are. He noted that he understood that this was a somewhat open ended rhetorical question, but noted that he is leaning towards only modifying the second point in the original resolution. Councilmember Gorham stated that he would like to know if there was an IPM recommendation that could meet the second paragraph. Councilmember Johnson stated that he believes their answer to that was ‘not at first’ but they could get there gradually. Councilmember Callies stated that she believes the representative from Good Nature said that the City would ‘try to avoid’. She stated that she would agree with Councilmember Johnson that number two is the statement that was really creating problems for the City and reiterated that she feels ‘shall refrain from’ is just too strong for what the City is able to do. She stated that changing it to ‘best efforts to refrain’ is also not helpful. The Council discussed the options for moving forward and what approach may have a consensus. Councilmember Callies stated that she feels that the Council is making too big of a deal in calling this a monumental decision. She stated that she would like to know how the City is going to implement this plan and not just focus solely on the resolution. She stated that she could agree with the suggestion made by Councilmember Johnson to modify the language in number two so the City can do something and decide which portions of the recommendations of IPM can be implemented in a way that is appropriate for the City. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 5 of 7 Mayor Labadie asked if the Council would like this issue to be placed on the regular agenda for discussion and potential action. Councilmember Callies stated that she would like to see a decision be made. Councilmember Gorham stated that he felt that the cart was a bit before the horse. He stated that the Council wants more information about the plan and, if there are ways to change the language and follow the spirit of the Bee Safe resolution, once they know which plan they will take, then he feels the language should be changed. He stated that, to him, it feels like they would be changing the language for a plan that the City does not even have in place yet. Councilmember Callies stated that she felt the Council was just going around in circles and expressed her support for placing this on the regular agenda so action can be taken. She stated that if it does not end up passing, then it just does not pass, but reiterated that she would like to see some action be taken. Councilmember Johnson stated that most of the attention tonight has been placed on number two, but he was looking at number four, which has similar language, but designates certain areas to be under taken ‘in the future’. He asked if they may be able to come up with some language that uses number four to designate certain areas where today the City commits to not doing anything with systemic pesticides and then continue to work with the IPM consultants to figure out what the overall vision will be. He stated that he envisions this then being a temporary placeholder that the City can actually adhere to. There was consensus to place this on the agenda as 7A, at the regular City Council meeting for potential action. Ms. Arndt spoke from the audience and asked how many households were touched by the e-mail that was sent out to the residents. Planning Director Darling noted that City Clerk/HR Director Thone would have that list, but noted that she could get that information for Ms. Arndt. 3. CAPITAL IMPROVEMENT PLAN (CIP) Finance Director Rigdon gave a brief overview of the proposed 2023-2032 CIP that will be on the agenda at the Regular City Council meeting. Planning Director Darling stated that for the Freeman Park Overlay Trails project most of the trails would be replaced in-kind and a few that would be widened to eight feet. She reviewed a few areas where they had asked the Parks Commission how they would like to proceed. She noted that if all the options were taken, this project would cost about $400,000 from the City and between $300,000- $380,000 for Three Rivers Park District. Mayor Labadie asked if nothing was going to happen in 2024 because of the large proposed expenditure at Freeman Park in 2023. Planning Director Darling confirmed that was the reason and explained that the City needed to have some recovery time in between large projects to allow time to accumulate funds. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 6 of 7 Finance Director Rigdon noted that the City was looking at a possible transfer in 2023 of about $200,000 to cover some of these costs. Councilmember Gorham asked if the City was required to construction the trails if Three Rivers Park District was doing the trailhead, or if the City was just being opportunistic. Planning Director Darling explained that the City has had this trail project in the CIP for several years and was noted a while back as an area that needed improvement because they are ‘crocodiled’ and broken up into small scales with cracks. She stated that it is opportune that the Three Rivers Park District was willing to rehab a big chunk of one trail segment and widened to their standard and add some additional trail to function as a trailhead parking area. The Council reviewed the proposed Freeman Park project and other items included in the CIP, including: the hockey boards and playground equipment at Cathcart Park; Badger Park tennis court overlay; and Southshore Park. Councilmember Gorham stated that he would like to see the Park Commission focus on the Southshore Park Master Plan during 2024. Planning Director Darling stated that can be done as long as it can be done internally. She noted that she was also planning on doing some more grant writing to see if they can get more funding. The Council discussed other CIP plans; discussions about other possible projects; grant opportunities; and pickleball courts/tennis courts. Public Works Director Brown gave an overview of equipment replacement plans, challenges within the labor market, challenges in buying vehicles off the State contract, and safety of City employees. Mayor Labadie stated that she felt having the Building Inspector in a City vehicle was important. Councilmember Johnson asked if the $204,000 was for a new street sweeper and whether it would solve the City’s woes of the sweeper going out of commission. Public Works Director Brown stated that the money that has been programmed into the CIP ais for a new street sweeper, but the idea is to put the existing sweeper into the original equipment manufacturers repair shop since the City has just finished the fall sweeping, and rehabilitate it, which would no longer be time sensitive. He stated that as long as the street sweeper is in tip top shape in the spring, he thinks the City will be good to go. City Engineer Budde gave an overview of the streets and utilities projects included in the CIP including: Strawberry Lane; Birch Bluff; Shorewood Land ravine; St. Alban’s Bay Road in partnership with Greenwood; Vine Ridge Road watermain; Badger Park watermain; chip and crack seals for pavement maintenance. Councilmember Callies asked what ‘reclaim’ meant in the CIP information. City Engineer Budde stated that reclaim is when they come and grind up the entire surface along with the aggregate below and create more base material. He explained that then they repave thicker over the top of it. He reviewed the differences between a reclaim, mill and overlay, and a CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 7 of 7 full street reconstruction. He reviewed a few of the major projects that are slated for 2025 and 2026 such as: Eureka Road North; and the possibility of adding watermain in conjunction with trail on Mill Street that the County is looking to add. He noted that they are currently projecting a 6% inflation rate every year moving forward which has jumped up 3% from the past years. He noted that inflation puts a lot of stress on the funding of these projects. Public Works Director Brown stated that staff has been really looking at the numbers because the City does not have a mandatory hook-up policy for watermains. He stated that they have been looking at what the hook-up rates have been in the past and explained that the City needs to keep a very close eye on this because it may mean, in the future, that projects may have to be prolonged in order to let revenues build up so the City can pay for them. He stated that he feels City Engineer Budde has done a great job in trying to balance the needs of the roadway, keep installations moving forward with watermain, and bringing Finance Director Rigdon into the equation to make sure the City can pay for it. He stated that if they cannot pay for it, one of those things will need to give and the project delayed. He stated that staff, right now, feels good about the plan that is in front of the Council, but cautioned them that it will need to be looked at every year to make sure it is working financially. Councilmember Gorham asked about the Highway 7 Corridor Study. City Engineer Budde stated that was added into the CIP as a placeholder knowing that there has been strong interest in moving something forward. He stated that they do not know yet what that means, but explained that there are some meetings with MnDOT slated for later this week that should help the City better understand MnDOT’s vision moving forward. Planning Director Darling noted that for the Freeman Park trails, the City had videotaped the condition of the trails last summer and those videos are all available on the City’s website under Parks/Trails. 4. ADJOURN Johnson moved, Gorham seconded, Adjourning the City Council Work Session Meeting of December 12, 2022, at 6:48 P.M. Motion passed 4/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD MUNICIPAL CANVAS BOARD MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 12, 2022 7:00 P.M. MINUTES 1. CONVENE MUNICIPAL CANVAS BOARD MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Labadie; Boardmembers Johnson, Labadie, Gorham, and Callies; City Attorney Shepherd; Interim City Administrator Shukle; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Johnson moved, Gorham seconded, approving the agenda, as presented. Motion passed 4/0. 2. CANVAS 2022 MUNICIPAL ELECTION RESULTS City Clerk/HR Director Thone explained that this was a re-canvas following a recount from the General Election held on November 8, 2022. She explained that due to the close election results for one of the City Council seats, a recount was held between Nat Gorham and Dustin Maddy. She stated that the results were that Dustin Maddy received 1,610 votes and Nat Gorham received 1,600 votes. Councilmember Gorham thanked City Clerk/HR Director Thone and the election judges for their work on the recount. Gorham moved, Labadie seconded, Adopting RESOLUTION NO. 22-125, “A Resolution Accepting Local Results of the 2022 General Election.” All in favor, motion passed 4/0. 3. ADJOURN Johnson moved, Gorham seconded, Adjourning the Municipal Canvas Board Meeting of December 12, 2022, at 7:04 P.M. Motion passed 4/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 12, 2022 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:05 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Gorham, and Callies; City Attorney Shepherd; Interim City Administrator Shukle; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None C. Review Agenda Callies moved, Gorham seconded, approving the agenda as presented. All in favor, motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Johnson moved, Gorham seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of November 28, 2022 B. City Council Regular Meeting Minutes of November 28, 2022 C. Approval of the Verified Claims List D. Approve 2023 City Council Meeting Schedule, Adopting RESOLUTION NO. 22-126, “A Resolution Setting the 2023 Regular City Council Meeting Schedule for the City of Shorewood.” E. Approve Appointments of Matthew Morreim as Public Works Director F. Accept Donation from Lucky’s Station for Arctic Fever Event, Adopting RESOLUTION NO. 22-127, “A Resolution Accepting Donations to the City of Shorewood 2023 Arctic Fever Event.” G. Approve Programmatic Stormwater Agreement with Minnehaha Creek Watershed District, Adopting RESOLUTION NO. 22-128, “A Resolution to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 2 of 7 Approve Programmatic Maintenance Agreement with Minnehaha Creek Watershed District.” H. Approve Temporary Liquor License for Arctic Fever Event, Adopting RESOLUTION NO. 22-129, “ A Resolution Approving a Temporary On-Sale Liquor License for Excelsior Brewing in Conjunction with Arctic Fever,” I. Approve City Amendments to MS4, Adopting Ordinance 596, 597 and RESOLUTION 22-130 “A Resolution Approving Summary Publication of Ordinance 596 Regarding City Code Ordinance Amendments Related to Illicit Discharge into Stormwater System.”; and RESOLUTION NO. 22-131, “A Resolution Approving Summary Publication of Ordinance 597 Regarding City Code Ordinance Amendments Related to Illicit Discharge into Stormwater System.” J. Approve Bolton & Menk Contract Renewal K. Approve Campbell Knutson Civil Legal Services Contractor Renewal L. Approve Campbell Knutson Criminal Prosecution Services Renewal All in favor, motion passed. Mayor Labadie expressed appreciation for the donation made by Lucky’s for the upcoming Arctic Fever event. 3. MATTERS FROM THE FLOOR 4. TRUTH IN TAXATION PUBLIC MEETING A. Adopt 2023 Property Tax Levy and General Fund Budget Finance Director Rigdon gave a brief presentation on the proposed 2023 Property Tax Levy and General Fund Budget. He noted that in 2021 the City used reserves in order to balance the General Fund revenues and expenses, but explained that was not something that the City wanted to continue to do because it was not the best budgeting tactic. He explained that in 2023, the City is structurally balanced with the revenues equal to expenditures. He noted that the time for residents to discuss their property valuations was through the Board of Review in the spring. He stated that the City needs to certify their Property Tax Levy by December 28, 2022. He gave an overview of various scenarios for the property taxes based on different valuation increases. He reviewed budget information for the Shorewood Community and Event Center and Enterprise Funds. He stated that the Capital Improvement Plan is updated on an annual basis and gave a brief overview of the proposed projects for 2023. Mayor Labadie opened this item for public comment at 7:22 p.m. George Greenfield, 24715 Yellowstone Trail, stated that every citizen should take pleasure in paying their taxes because it indicates membership in the community. He explained that he felt this was a sentiment that should be preserved and cultivated, but it is undermined when irrationality invades the taxation system. He stated that he feels that there was some irrationality CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 3 of 7 in the City and gave the example of the Tax Increment Financing (TIF) District and Shorewood Landings. He gave an estimate of much money the City will lose because of the TIF and shared his thoughts on things that make this situation even more egregious. There being no additional comments, Mayor Labadie closed the public comment portion of the meeting at 7:29 p.m. Councilmember Callies noted that the Council had already held a number of meetings on this information. Callies moved, Johnson seconded, Adopting RESOLUTION NO. 22-132, “A Resolution Adopting the 2023 General Fund Operating Budget and Approving the Property Tax Levy Collectible in 2023.” All in favor, motion passed. Callies moved, Johnson seconded, Adopting RESOLUTION NO. 22-133, “A Resolution Adopting the 2023 Shorewood Community and Event Center Budget and 2023 Enterprise Fund Budgets.” All in favor, motion passed. Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 22-134, “A Resolution Adopting the 2023-2032 Capital Improvement Plan and 2023 Capital Project Fund Budgets.” All in favor, motion passed. 5. REPORTS AND PRESENTATIONS A. Employee Service Awards Interim City Administrator Shukle explained that the City enthusiastically and historically recognizes employees have who reached certain milestones in their employment with the City. He acknowledged: Chris Heitz, Public Works Lead Supervisor; Marie Darling, Planning Director; and Sandie Thone, City Clerk/HR Director who have all been with the City for five years. Mayor Labadie shared an example of an instance on a Saturday that Public Works Lead Supervisor Heitz and two other Public Works employees came out to a neighborhood that had a flooding street and spent hours taking care of the problems and pumping water from the street. She stated that anytime she has a question, Planning Director Darling, goes above and beyond to ensure that she understands the situation and is always willing to take time to explain things to the Council and put things into terms that they can understand. She stated that she also frequently stays late and in the past has attended all the Park Commission as well as the Planning Commission meetings. She noted that City Clerk Thone has been able to implement a lot of things within the City that prior to her employment did not exist. She explained that she feels many of them have made a huge impact on the morale of the City staff. The Council thanked the employees for their service to the City. B. Recognition of Service: - Larry Brown, Director of Public Works - Nat Gorham, City Council Interim City Administrator Shukle stated that Public Works Director Brown has been with the City for over twenty-seven years. He stated that he came in when this position really did not exist and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 4 of 7 was able to develop improvements in the department and has also led a crew of very good employees. He stated that one thing that the City will miss is the amount of institutional memory that he has and expressed the desire that he be willing to correspond with his successor when necessary. He stated that at the time Public Works Director Brown was hired, he was working for the City of Mound. He explained that he was impressed with Public Works Director Brown twenty- seven years ago and has remained impressed in his time working with him this past year. Public Works Director Brown stated that it has been a treat working for the City for the last twenty- seven years. He stated that he has seen a number of Councils and a number of City Administrators in his time with the City. He noted that he has had many opportunities and reiterated that it has been a pleasure serving the Council and the residents of the City. There was a round of applause for Public Works Director Brown. Mayor Labadie stated that she has a lot of nicknames for various staff members and Public Works Director Brown’s nickname is LLB, ‘Legendary Larry Brown’. She stated that she will miss him and noted that his last day with the City will be an emotional day for her. She stated that his institutional knowledge will not be going away because she plans to call him and bug him with questions. She noted that Councilmember Gorham’s term on the Council will also be ending soon. She stated that she appreciated his stepping up to fill her Council seat after she was elected Mayor. She explained that there were thirteen applicants that applied for the position and he was the candidate the Council had selected to finish out her term. She stated that the Council was very confident in their selection and his time on Council has proven that this confidence was not unwarranted. Councilmember Gorham thanked the Council for giving him this opportunity and noted that it had a dramatic two years. He stated that he did not realize all the tough decisions and conversations that he would be part of by serving on the Council. He expressed his desire that the next few years would be smooth sailing for the Council and wished incoming Councilmembers Maddy and Sanschagrin the best in their new positions. Councilmember Johnson pointed out that Councilmember Gorham also served on the Planning Commission for years and expressed his hope that he may consider throwing his hat back in to serve in that capacity again. Councilmember Gorham thanked the Council, Mayor Labadie and staff for all their assistance and guidance during his time on the Council. There was a round of applause for Councilmember Gorham. Mayor Labadie noted that there were many times that this Council did not agree with each other, but stated that Councilmember Gorham was always respectful when expressing his opinion regardless of whether he agreed or not. 6. PLANNING A. Presentation by Commissioner Huskins on December 6, 2022 Planning Commission Meeting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 5 of 7 Commissioner Huskins gave an overview of the discussion and recommendations from the December 6, 2022 Planning Commission meeting. 7. GENERAL/NEW BUSINESS A. Review Reaffirmation of Bee Safe Resolution Planning Director Darling stated that the Council had reviewed the Bee Safe Resolution at their Work Session earlier this evening. She stated that they reviewed the revised resolution and believes that there was consensus at the Work Session to make a few changes to the language. She noted that City Attorney Shepherd was able to quickly make some changes to the language and explained that copies of those revisions have been placed in front of the Council and were available for review on the table just outside the chambers. City Attorney Shepherd gave an overview of the concerns the Council had expressed about the previous draft of the resolution and the desire to revise portions of the existing resolution. Councilmember Callies stated that she thinks the revised changes to the resolution provide workable solutions and can be used as the City moves forward into the main work in how to implement the recommendations from the IPM Institute. She stated that she is in favor of these changes and noted that she feels they are stated more clearly that the previous draft. Councilmember Gorham stated that he did not think a gradual reduction was in the spirit of being a Bee-Safe City. He referenced the e-mail the City received from Judy Chucker and explained that the phrase he has in the front of his mind is that you ‘either do it or you do not do it’. He stated that he thinks the City needs to understand what they are doing first because he does not think they can really know if they are going to do a gradual reduction or not. He stated that he feels they are letting an idea of what they think the IPM strategy will be to lead the Council to a resolution. He stated that he thinks that there should be a higher bar set than just a gradual reduction and asked if the Council was concerned about a specific liability or if there was a fear of being sued. Councilmember Callies stated that she did not think the issue was related to liability, but noted that there is a lot of push back or upset by the public if the City does not comply with the resolution. She stated that this is stating a policy and if the City is going to have a resolution, she feels that they should do something that is stated in a way that the City is able to undertake that. She explained that she felt the most recent proposed change does a better job of that that the previous resolution. She stated that she would disagree that the City needs to have the plan first because the current resolution dictated every single thing the City did in terms of parks, City property management, and use of pesticides. Councilmember Gorham noted that he was not sure if the gradual reduction plan would actually be the plan. He noted that the most recent language draft had not been reviewed by residents because it has kind of just been shuffled in prior to the meeting, which he does not like. Mayor Labadie stated that the Work Session and this meeting were public meetings and residents had not been asked to leave. She noted that she agreed with Councilmember Callies that she did not think the Council was doing this out of fear. She stated that she had shared at the Work Session meeting that she had received a lot of calls this past year about buckthorn, weeds, and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 6 of 7 the deterioration of the Manor Park Pond. She stated that she thinks taking this action would be a good step. Councilmember Gorham asked when the next meeting with IPM would be held. Planning Director Darling stated that the meeting was not yet scheduled. Councilmember Callies stated that in 2014 when the original resolution was passed, there was not a huge public hearing or input from the public surrounding the adoption of the resolution. She stated that she thinks the items that need additional public input would be related to the specific portions of implementation that the City will undertake, as well as the actual aspects of the work. She stated she felt the plan needed to evolve from the resolution and not the other way around. Councilmember Johnson stated that he understood where Councilmember Gorham was coming from, but, in his opinion, as he reads the resolution in its entirety, there are ‘whereas’ statements at the top of the page that talk about the City’s commitment which shows the direction the City wants to go. He stated that he feels making these revisions are better than rescinding the original resolution and he would be in favor of the revised language. Callies moved, Johnson seconded, Adopting RESOLUTION NO. 22-135, “A Resolution Reaffirming the City’s Commitment to “Bee-Safe” Management Practices”, as revised and provided to the Council following the Work Session meeting. On a vote of 3-1 (Gorham opposed), motion passed. 8. STAFF AND COUNCIL REPORTS A. Staff Public Works Director Brown stated that there is a major storm event coming and encouraged everyone to stay aware and be careful. Mayor Labadie noted that she had gotten a lot of positive feedback regarding Public Works related to snow removal but noted that she has gotten a lot of kickback regarding the dirt on Smithtown Road. Councilmember Johnson agreed and stated that he had also received quite a few complaints about the dirt on Smithtown Road. Mayor Labadie noted that she had forwarded the complaints to Public Works Director Brown and City Engineer Budde and explained that they seem to have been resolved. City Engineer Budde explained that Smithtown Road did get pretty mess and sloppy for portion of the last week and he had communicated with the contractor that they need to change their best management practices so sediment is not tracking out the way it had been. He noted that he is still awaiting a response from them as to their plan for correcting and addressing this situation. He stated that staff has a meeting set up with MnDOT later this week to discuss the Highway 7 corridor and the next steps moving forward. He thanked Public Works Director Brown for his work in the City and stated that it had been a pleasure working with him over the past three years. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 12, 2022 Page 7 of 7 Public Works Director Brown stated that regarding Smithtown Road, he and City Engineer Budde discussed the situation. He explained that when he heard what was happening, City Engineer Budde had promptly issued a ‘stop work’ order for them which got their attention and noted that they had been encouraged to come up with a different plan. Planning Director Darling stated that the Parks Commissioner Matt Gallivan has resigned along with Commissioners Schmid and Heinz, so, the City is no longer able to have a quorum until those positions have been filled. She encouraged residents to consider volunteering for the three seats open on the Parks Commission or the two open on the Planning Commission. B. Mayor and City Council Councilmember Gorham stated that the communities local chocolate shop, Truffle Hill, was vandalized and their entire inventory was ruined. He stated that they are open again and encouraged anyone who may need chocolate for the holidays to contact them. A man from the audience shared information about a crowd-funding effort on-line that was able to raise over $15,000. Councilmember Johnson noted that while they are back open, he did not think that they were taking orders on-line. He stated that he also wanted to thank Mayor Labadie for the countless interviews that she has given on Highway 7 safety and noted that he felt that they were very professionally done. He stated that he is hopeful that this will help bring some changes to the Highway 7 corridor more quickly. Mayor Labadie stated that some of those interviews occurred as a result of residents reaching out to the news agencies who then contacted her to make a statement on behalf of the City. She thanked the residents who took the time to contact those agencies about the safety of Highway 7 and assured the residents that she would not be giving up on this issue. She attended the Regional Council of Mayors meeting earlier today where she encouraged them to have topics and speakers in 2023, such as infrastructure, that were geared more towards smaller cities. 9. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of December 12, 2022, at 8:05 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2E MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: City Master Fee Schedule Annual Review Meeting Date: Monday, January 9, 2022 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Mark Nevinski, City Administrator Joe Rigdon, Finance Director Attachments: Resolution 23-001 Proposed 2023 City Master Fee Schedule Policy Consideration: Pursuant to MN State Law municipalities shall set forth fees to be reimbursed for administrative costs and expenses associated with issuing permits, licenses and providing other city services and amenities. Cities should consider three things when setting fees: 1) Cities should not view the fees as a significant source of revenue, rather fees must approximate the direct and indirect costs associated with issuing the license, permit or service and with policing, regulating or administering the service or licensed activities; 2) The fee amount should sufficiently reimburse the city for all of the expenses related to the license regulations or providing the service but should not cover other unrelated expenses; 3) Fees should be set based on the city’s particular situation and not based solely on what other cities have found reasonable. Background: The attached proposed 2023 City Master Fee Schedule incorporates the proposed fee schedule amendments as recommended by staff who have reviewed their respective departmental fees to approximate the direct and indirect costs associated with the services provided. A discussion of new and increased fees is as follows. Stormwater Fees: A MS4 Illicit Discharge Appeal fee of $200 is being proposed, referencing City Code section 907.11 (Page 9 of Fee Schedule) to allow for an appeal process as it relates to MS4 Illicit Discharge. Building Permit Fees: Fee minimums for Plumbing and Mechanical flat fee permits were no longer covering the cost to issue those permits or provide the inspections. These fees (Page 13 of City Fee Schedule) were increased from $35 to $60 or 2 for $100. Utility Rates: Ordinance 593, which was passed by the city council in September of this year, allows for Water, Sanitary Sewer, and Stormwater Management Utility Rate increases (Pages 8 & 9 of Fee Schedule) which become effective January 2023 and are incorporated into the City’s Master Fee Schedule. 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 Shorewood Community & Event Center Fees: Community Center Fees (Pages 17 & 18 of City Fee Schedule) were updated to include a reduction in the various rates for rooms based on time and day and eliminated the 4-hour block and replaced them with broader time windows for rentals and added full day rates for Fridays and Saturdays for the banquet room. Partial day rentals were limited to 9AM-1PM or 4pm-12Midnight rental windows. These changes were made to increase the capacity for weekend rentals and allow time to clean and reset between rental groups. A 5-hour time block was added for the conference room on the weekends as it can be used for bridal room, event headquarters, etc. for renters of the banquet hall. The fees for table linens were increased, compostable items were removed, and coffee options reflect what is currently available at the center. Financial or Budget Considerations: The city fees cover the cost of providing the services as delineated in the City Master Fee Schedule. Recommendation/Action Requested: Staff respectfully recommends the city council approve Resolution 23-001 adopting the 2023 Master Fee Schedule as proposed or make the appropriate changes as deemed appropriate. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. CITY OF SHOREWOOD COUNTY OF HENNEPIN, STATE OF MINNESOTA RESOLUTION 23-001 2023 CITY MASTER FEE SCHEDULE The City of Shorewood and its activities as a municipality requires setting forth fees and charges to reimburse the city for administrative and other expenses related to the issuing of permits, licenses and other services; and must maintain a relevant schedule of fees and regularly audit their effectiveness. The City of Shorewood has established fees for licensing, permits, programs, and services that include but are not limited to building, zoning, planning, business, community center, animal, park and recreation, rentals, solicitors, fire prevention, utility, franchise, administrative citations, and other miscellaneous fees that further the health, safety and welfare of the community at large. All fees and charges shall be fixed and determined by the council and set forth in the master fee schedule which will be adopted by resolution and uniformly enforced. All fees have been reviewed and audited for their effectiveness and the following fees have been amended as follows: Stormwater Fees: A MS4 Illicit Discharge Appeal fee of $200 is being proposed, referencing City Code section 907.11 (Page 9 of City Fee Schedule) to allow for an appeal process as it relates to MS4 Illicit Discharge. Building Permit Fees: Fee minimums for Plumbing and Mechanical flat fee permits were no longer covering the cost to issue those permits or provide the inspections. These fees (Page 13 of City Fee Schedule) were increased from $35 to $60 or 2 for $100. Utility Rates: Ordinance 593, which was passed by the city council in September of this year, allows for Water, Sanitary Sewer, and Stormwater Management Utility Rate increases (Pages 8 & 9 of Fee Schedule) which become effective January 2023 and are incorporated into the City’s Master Fee Schedule. Shorewood Community & Event Center Fees: Community Center Fees (Pages 17 & 18 of the City Fee Schedule) were updated to include a reduction in the various rates for rooms based on time and day and eliminated the 4-hour block and replaced them with broader time windows for rentals and added full day rates for Fridays and Saturdays for the banquet room. Partial day rentals were limited to 9AM-1PM or 4pm-12Midnight rental windows. These changes were made to increase the capacity for weekend rentals and allow time to clean and reset between rental groups. A 5-hour time block was added for the conference room on the weekends as it can be used for bridal room, event headquarters, etc. for renters of the banquet hall. The fees for table linens were increased, compostable items were removed, and coffee options reflect what is currently available at the center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood the 2023 City Master Fee Schedule for the City of Shorewood is adopted. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of January 2023. _______________________________ Jennifer Labadie, Mayor _________________________________ Sandie Thone, City Clerk 5755 Country Club Road * Shorewood, MN * 55331 ΑΏΑΑ 952.960.7900/www.ci.shorewood.mn.us City of Shorewood MASTER FEE SCHEDULE City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 Introduction In May of 2017 the Shorewood City Council approved an amendment to Chapter 1300: Municipal Fees of the Shorewood City Code removing the actual fees from the Code, with the exception of Land Use Fees, and replacing it with referencing the Master Fee Schedule which will establish fees by Council resolution. Land Use Fees are required pursuant to MN State statutes to be amended and established by ordinance in communities that collect in excess of $5,000 in said fees on an annual basis. Previous and future resolutions and ordinances amending or establishing new fees will be collated into the Master Fee Schedule as necessary and prudent. These updates are set forth by Council resolution (and ordinance in the case of land use fees) and incorporated into the Master Fee Schedule upon adoption of the proposed established fees. This provides a cost-effective and expedient process for reviewing fees for relevance and providing annual updates to the schedule of city fees and a user-friendly document for public use. A copy of the Master Fee Schedule is available on the city website at www.ci.shorewood.mn.us or at city offices located at 5755 Country Club Road in Shorewood, MN 55331. To obtain an electronic copy please email cityofshorewood@gmail.com. Ћ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 TABLE OF CONTENTS SECTION I: License and Permit Service Fees 4-6 SECTION II: Liquor License Fees and Charges 7 SECTION III: Utility Rates; Sewer, Water, Stormwater, Recycling 8-9 SECTION IV: Miscellaneous Fees and Charges 10-11 SECTION V: Park and Recreation Fees 12 SECTION VI: Building and Right of Way Fees 13-14 SECTION VII: Zoning and Land Use Fees (Ordinance) 15-16 SECTION VIII: Shorewood Community and Event Center 17-18 Ќ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. License and Permit Service Fees Administrative Enforcement 104.03 Class A Offenses: $300 Violations of Public Health Regulations (Chapters 501-503, except those violations which are also Zoning Code Violations) Class B Offenses: $300 Violations of Rental Housing Regulations (Chapter 1004) Subsequent Class B Violations $1,000 Class C Offenses: $300 Violations of Building Regulations (Chapters 1001-1003 and 1005) Violations of Wetland Regulations (Chapter 1102) Violations of Tree Preservation Regulations (Chapter 1103) Violations of Zoning Regulations (Chapter 1201) Subsequent Class A & C Violations: 2nd citation within 24 months: 25% increase over scheduled civil penalty 3rd citation within 24 months: 50% increase over scheduled civil penalty 4th citation within 24 months: 100% increase over scheduled civil penalty Administrative Enforcement 104.03 $200 Appeal Administrative Non-Payment Fee 104.03 Subd. 5 $100 Ѝ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. License and Permit Service Fees Adult use license 309 Investigative fee $500 Adult use facility license $1,675 + $50/video booth or stall Animal impound fees 701.08.4 $25 first offense of year, $50 thereafter Daily boarding fee $25 Additional services when $95 inoculation required $35 bath Commercial lawn fertilizer 310.03.2d $30 application license (annual) Dock - Boat docks and boat 304.05 $35 storage facility license Dock - Multiple dock facility 1201.24, Subd. $2 per slip/per year license 10 Dog licenses, per animal 701.03.2 $10/$5 license late fee Domestic partnership registry 110.06 $25 Registration $25 Amendment $25 Termination certificate, $2 certified Farm and other animals 704.09 $50 Fire alarm permits 601.06.1 $200 2nd false alarm and thereafter Fire (recreational fire permit) 501.03 No charge Fireworks dealer license/permit $100 per site/per year Gambling permit - exempt 301.09.3 $25 Gambling premises permit - new 301.08.4 $100 investigation fee Horse permit 702.04 $25 Kennel license 701.04.2 $25/initial license $10/renewal license Police alarm permits 601.06.1 $100 3rd false alarm and thereafter Ў City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 System contractor license $1,000 bond Therapeutic massage annual $100 business license Tobacco retailer license 302 $250/premise Tobacco administrative fines: Tobacco licensees in violation $75/first offense $200/second offense in 24-month period $250/thereafter within 24-month period Individuals in tobacco violation $50 per offense Џ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 II. Liquor License Fees and Liquor Violation Fines Type of Charge/Fee City Code Charge/Fee Reference Intoxicating liquor license - on-sale 401.06.1 $7,500 Wine license - on-sale 401.06.1 $1,000 Intoxicating liquor - off-sale 401.06.1 $310 Liquor special club license 401.06.1 $250 Special Sunday license 401.06.1 $200 3.2% malt/liquor license - on-sale 401.06.2 $300 3.2% malt liquor license - off-sale 401.06.2 $50 3.2% malt liquor or intoxicating liquor Temporary license 401.06.2 $25 Extended Sales (2:00 a.m.) liquor license (in addition to State required fee) for On- Sale Intoxicating and Malt Liquor 401.05 $100 Establishments Liquor license investigation fee -New license 401.06.1 $500 Liquor license investigation fee - Renewal 401.06.1 $250 with change in managers/owners/like 40121 $500/first offense $1,000/second offense in 24 months $1,500/third offense in 24 months $2,000/fourth offense in 24 months А City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 III. Utility Rates Sewer Type of Charge/Fee City Code Charge/Fee Reference Sewer connection permit 904.07.1 $150 Sanitary Sewer Service 904.15.1a Residential: Ord. 593 Sewer Only per quarter $112.36 Low Income Sewer per quarter $74.90 Commercial: Ord. 593 Base Charge $12.70 1-28,500 gallons per quarter $112.36 1,000 gallons in excess of 28,500 gallons $2.92 per quarter Sanitary sewer surcharge 904.09.5 $100/month Local sewer availability charge 904.18.3 $1,200 Water Type of Charge/Fee City Code Charge/Fee Reference Water connection permit 903.03.1a Inside $60 Outside $60 Watering restriction violation 903.12 $50 first violation $25 increase each succeeding violation (e.g. 2nd violation $75, 3rd violation $100, and the like) Water meter 903.04.1 5/8"x3/4"meter w/swivels Cost plus 10% 5/8" x 3/4" copperhorn Cost plus 10% 1" meter includes swivel Cost plus 10% 1" copperhorn Cost plus 10% 1" pressure-reducing valve Cost plus 10% Б City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 1 1/2" meter (with flanges) Cost plus 10% 2" meter (with flanges) Cost plus 10% 1 1/2" pressure-reducing valve Cost plus 10% 2" pressure-reducing valve Cost plus 10% Meter test 903.08.4 $80 903.09.1a Water service Ord. 593 st 1 5,000 gallons $26.86 Per 1,000 gallons in excess of 5,000 and $4.54 up to 50,000 gallons Per 1,000 gallons in excess of 50,000 $6.52 gallons per quarter Water service - low income per quarter 903.09.1a (1) $23.06 minimum Ord. 593 Water turn-on and shut-off fee 903.04 $50 Water connection fee 903.03.3 $10,000 Single-family residential See chart/formula in 903.04subd 3a Multi-family residential, Commercial See chart/formula in 903.04subd 3a Schools, churches, government and other non-residential Stormwater Management Type of Charge/Fee City Code Charge/Fee Reference Stormwater Management Utility 905.03 Ord.593 Basic System Rate $37.29 Lots less than 10,000 s/f per quarter $26.11 Lots 10,000-50,000 s/f per quarter $37.29 Lots 50,000 plus s/f per quarter $48.54 907.11 MS4 Illicit Discharge Appeal $200.00 Recycling Type of Charge/Fee City Code Charge/Fee Residential recycling fee $14/quarter/household В City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 IV. Miscellaneous Fees and Charges Type of Charge/Fee City Code Charge/Fee Reference Special assessment search $25 Mailed minutes (nonresident) $75.00 annual $.25/page/individual Mailed agendas $35 annual $.25/page/individual Copies (B&W) $.25/page/single side 8.5 x 11 @ $.50/page/single side > 8.5x11 $3/page/single side > 11x17 Color copies $1/page/single side $2/page/single side > 8.5x11 $4/page/single side > 11x17 Mailing labels (All city residents) $65 all residents on mailing labels Aerial topography: Mylar copy $16/acre plus $5/mylar Electronic $50/megabyte of data City Code book: $75 CD Rom $25 Updates $25/year City Zoning Code $.25 per page plus binding costs Assessment Certification Fee 903.10.3(e) $50 Comprehensive Plan (softbound color Cost of production copy) City Subdivision Ordinance (softbound $.25 per page plus binding costs copy) Election Candidate filing fee $2 Transient business, 308.08 peddling/soliciting $50/applicant Sand barrel/sand charge $40 barrel and sand/$30 sand only *Rental Housing Licenses (3-year period) Appeal filing fee $100 *License application fee, per rental dwelling in building with one to five units $75 (includes two inspections per unit) 1004.06.6 ЊЉ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 *License application fee, per rental 1004.03(3) $400 plus $10 per rental unit up to $750 maximum dwelling in building with six or more rental (Res.17-089) units (includes up to two inspections per unit) Additional inspections as necessary 1004.03(3) $75/inspection (Res.17-089) Rental license application fee for buildings 1004.03(3) with six (6) or more units constructed (Res.20-022) within one year from date of application shall be base license fee excluding $10 per 1004.03(3) rental unit fee. (Res.17-089) Tree Preservation Providing funds for 1103 $400 per tree planting trees on City Property Wetland Buffer Monuments 1102.06 $44 per marker + tax Subd.2 Return check fee $25 Plans and specifications, paper copy $35 Plans and specifications, CD copy $25 Franchise Fees: These monthly fees are Ordinance 559 collected by the respective utility and and 560 remitted to the City on a quarterly basis. Adopted 6/25/2018 Natural Gas Franchise Fee: $4.00 Residential $4.00 Com-A $4.00 SVDF-A $4.00 SVDF-B $4.00 LG (Dual Fuel or Firm) $10.00 Com/Ind-B $25.00 Com/Ind-C Electric Franchise Fee: $4.00 Residential $8.00 Small C & I Non-Demand $10.00 Small C & I Demand $25.00 Large C & I ЊЊ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 V. Park and Recreation Type of Charge/Fee City Code Charge/Fee Reference 902.06.3 Park and recreation use fees Organized sports participant $10/per participant, per sport, per Skating rinks (per rink) season Lights $15/hour Tournaments, per rink $30/day plus attendant salary 505.02.4 Special Event Registration and Permit $50/day for events on public property with 75 or more attendees/participants. Community Gardens Resident & Non-Resident Fees $30/Resident $45/Non-Resident Soccer/Football/Baseball/Softball Fields (per field) $125/flat fee Damage deposit, all fields $50/hour or $210/day Football Field, unlighted $30/hour Lights $50/day Diamond field (baseball) $150/day Entire soccer area, unlighted $5/court/hour Tennis Courts Resident & Non-Resident Fees Picnic Pavilions Manor/Freeman/Silverwood $25 + tax /Resident $50 + tax/Non-Resident Eddy Station/Badger Park $50 + tax /Resident $75 + tax/Non-Resident ЊЋ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 VI. Building and Right of Way Fees Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer and attorney expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Building permit 1001.03 1997 U.B.C. SECTION 107 1997 U.B.C. TABLE 1-A AND STATE RULE 1300.0160 Reinspection fee (Res. 20-022) $75 Residential Roofing permit $125 Siding permit S.B.C. $125 Window permit S.B.C. $125 Mechanical permit State Statute or 2.5% of value, $60 S.B.C. Minimum or 2 for $100 Plumbing permit State Statute or $15/fixture, $60 Minimum or 2 for $100 Removal or abandonment, U.F.C. $35 first tank plus $20 each underground tanks additional Demolition permit S.B.C. $50 (Fee waived when done in conjunction with a building permit or burned by the fire department) Sign permit application fee 1201.03.11f $20 (Temporary) Per 1997 U.B.C. Table 1-A for permanent Fence permit 1201.03.2f $20 Grading/filling permit S.B.C. Per 1997 U.B.C. Table A-33-A and A-33-B ЊЌ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 R.O.W Administrative Charge 901.11 Subd. 5 $200 (in addition to actual costs) R.O.W. Annual 901.06 Subd.1 $400 Registration Fee R.O.W. Encroachment 901.01.2a $40 Permit R.O.W. or Public Ground Excavation 901.08 Subd. 2 $200 Permit Directional Drilling or Boring 901.08 Subd. 2 $45 per 100 L. Ft. (in addition to permit fee) 901.08 Subd. 2 Open Trenching $60 per 100 L. Ft. (in addition to permit fee) 901.08 Subd. 2 Obstruction Permit $20 Small Wireless Facility (per site) 901.08 Subd. 2 $150 (in addition to actual costs) Security/Damage Deposit (non-utility) 901.08 Subd. 6 Varies Pole/Pole Attachment 901.08 Subd. 2 $20 Underground Sprinkler/Irrigation 901.01.2d $20 System Permit Unlawful Encroachment into 901.03 Subd. 4 $200/minimum fee Right-of-Way And up to the actual cost of removal ЊЍ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 VII. Zoning and Land Use Fees LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee Comprehensive plan amendment Pre-application $200 Formal Application $800 plus $1,000 escrow 1201.04 Conditional use permit $400 Residential $500 plus $1,000 escrow Non-residential Fence permit 1201.03 $20 Interim use permit 1201.04 Residential $400 Non-residential $500 plus $1,000 escrow Planned unit development Concept Stage 1201.25 $500 plus $1,000 escrow Development Stage 1201.25 $700 plus $1,000 escrow Final Stage 1201.25 $500 plus $1,000 escrow By Conditional Use Permit 1201.06 $500 plus $1,000 escrow Sign permits 1201.03.11f Temporary $20 Permanent Per 1997 U.B.C. Table 1-A Site plan review 1201.03 $200 plus $1,000 escrow Subdivision sketch plan review 1202.03 $200 Subdivision (minor subdivision) 1202.03 (Ord. 576) $500 plus $1000 escrow Subdivision (preliminary plat) 1202.03 $600 plus $25/lot plus an escrow deposit, as follows: 5 or fewer lots $1,000 Over 5 lots $3,000 ЊЎ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 VII. Zoning and Land Use Fees LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee Subdivision (final plat) 1202.03 $500 plus $25/lot plus an escrow deposit, as follows: 5 or fewer lots $1,000 Over 5 lots $2,000 Traffic Studies when required as part of Multiple Escrow for estimated cost of study to be completed by the another application plus $500. $400 Vacation or Easement Variances 1201.05 and $400 Residential 1202.09 Non-residential $500 Zoning Amendment (Text or Map) 1201.04 $600 plus $1,000 escrow Zoning Permits 1201.07 $20 Zoning Verification Letter 1200 $50 Park dedication (cash in lieu of land) 1202.07 $6,500/dwelling unit or 8% of raw land value Extension of deadline for recording 1202.03 $200 resolutions Extension of plat approval 1202.03 $200 *Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer, attorney, and other consultant expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Applications with more than one required escrow account shall be required to submit the escrow based on the highest required escrow amount. ЊЏ City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 SHOREWOOD COMMUNITY AND EVENT CENTER Local Non-Profits will be charged 50 percent of the Resident Rates All Rates: Based on a 2 (two) hour Minimum rental. All Room and Kitchen rentals are subject to availability. Rate schedule subject to change. BANQUET ROOM CAPACITY: Shorewood 160 - ROUND TABLES Regular Resident Rates 200 - THEATRE STYLE Rates (reflects 20% Non- Time of Day Hours discount) Day of Week Resident Friday or Saturday Evening 4:00 PM to 12:00 Midnight 8.0 $590 $472 Friday or Saturday Day 9:00 AM to 1:00 PM 4.0 $220 $176 Friday or Saturday Full Day 9:00 AM to 12:00 Midnight 15.0 $688 $550 Sunday 9:00 AM to 11:00 PM $50/hour $40/hour Monday -Thursday 9:00 AM to 12:00 Midnight $45/hour $36/hour Damage Deposit $200 $200 Custodial Fee < 50 People $100 $100 51 to 200 People $200 $200 ACTIVITY ROOM Non-Resident Rates CAPACITY: 60 Time of Day Resident (reflects 20% Day of Week Hours Rates discount) Friday or Saturday 9:00 AM to 12:00 Midnight $42/hour $34/hour Sunday 9:00 AM to 11:00 PM $36/hour $28/hour Monday - Thursday 9:00 AM to 12:00 Midnight $36hour $28/hour Custodial Fee $50 $50 CONFERENCE ROOM Non-Resident Rates CAPACITY: 20 Resident (reflects 20% Time of Day Hours Day of Week Rates discount) Friday or Saturday 9:00 AM to 12:00 Midnight 5.0 $127 $102 Sunday - Thursday 9:00 AM to 11:00 PM 2-hr/min $30/hour $24/hour Custodial Fee $20 $20 COMMERCIAL KITCHEN Security Day of Week Rental Fee Storage Fee Deposit Monday-Friday $30/hour up to 4 hours $50 Month for one rental $200 $175 for 4 to 8 hours area/$25 per add space Over 8 hours add $30/hour ЊА City of Shorewood Master Fee Schedule/Adopted 5/22/2017/Most Recent Update 2022 1/1/2023 SHOREWOOD COMMUNITY AND EVENT CENTER RENTAL ITEMS Linens (specify long or medium length): Rounds @ 12.00 ea. Rectangles @ 12.00 ea. Dinnerware place settings (4 pc): (dinner plate, dessert/salad plates, cup/saucer) $2.00 per place setting $0.45 per additional piece Flatware place settings (4 pc): dinner knife, dinner fork, salad fork, teaspoon $1.50 per place setting $0.35 per additional piece Glassware (1 pc) settings: (water glass, wine glass) $0.50 ea. Coffee: $10/pot Additional fees and/or damage deposits may be required for unique set-up or decoration requests ЊБ 2F MEETING TYPE Regular City of Shorewood Council Meeting Item Meeting Title/Subject: 2023 Mileage Reimbursement Rate Meeting Date: Monday, January 9, 2023 Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Marc Nevinski, City Administrator Background: Minnesota law authorizes public entities to compensate or reimburse their employees for mileage or to pay a monthly or periodic allowance, but not both. Pursuant to the Shorewood Personnel Policy the city reimburses employees for mileage in lieu of providing a monthly or periodic allowance for the use of their own vehicles for work purposes. Effective January 1, 2023, the IRS standard mileage rates for the use of a car (vans, pickups, or panel trucks) will be 65.5 cents per mile for business miles driven, up three cents from the mid-year increase of 62.5 cents (effective July 1) and up seven cents from the 58.5 cents set at the first of the year in 2022. The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. Staff recommends that the city council adopt the practice of following the IRS standard mileage rates for reimbursing employee mileage pursuant to the Shorewood Personnel Policy. Recommendation/Action Requested: Staff respectfully recommends the council approve the practice of following the IRS standard mileage rates for employee mileage reimbursement. Motion, second and simple majority required. Connection to Vision /Mission: Consistency in providing the community with quality public services, a sustainable tax base and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item Title/Subject: Council Out of State Travel Policy Annual Review 2G Meeting Date: Monday, January 9, 2023 MEETING TYPE Prepared by: Sandie Thone, City Clerk/HR Director Regular Meeting Reviewed by: Marc Nevinski, City Administrator Background: An Act by the Minnesota Legislature in 2005 imposed an obligation on th cities to establish an official travel policy for elected officials. On the 9 day of January in 2006 Shorewood City Council adopted the attached policy for Out-of-State Travel by Members of the City Council. The policy addresses the requirements for the following: 1) When travel outside of the state is appropriate 2) Applicable expense limits 3) Procedures for approval of the travel The policy is required to be reviewed and voted upon on an annual basis. The council can choose to approve the attached policy or amend the attached policy. There have been no amendments made to the Travel Policy since its adoption in 2006. Recommendation/Action Requested: Staff respectfully recommends the council review the attached Travel Policy, make amendments if desired and approve the Travel Policy as is or as amended. Motion, second and simple majority required. Connection to Vision /Mission: Consistency in providing the community with quality public services, a sustainable tax base and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 OUT OF STATE TRAVEL POLICY FOR MEMBERS OF THE CITY COUNCIL PURPOSE The City of Shorewood recognizes that its elected officials may at times receive value from traveling out of the State for workshops, conferences, events, and other assignments. This policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. GENERAL GUIDELINES 1. The event, workshop, conference, or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: a. Whether the elected official will be receiving training on issues relevant to the City or his or her role as the mayor or council member. b. Whether the elected official will be meeting and working with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of elected officials. c. Whether the elected official will be reviewing a facility or function that is similar in nature to one that is currently operating at, or under consideration by, the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. d. Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship, such as a “sister city” relationship. e. Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or otherwise to meet with federal officials on behalf of the City. f. Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2. No reimbursement will be made for attendance at events sponsored by or affiliated with political parties. 3. The City may make payments in advance for airfare, lodging, and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs as follows: a. Airfare will be reimbursed at coach rate. b. Mileage will be reimbursed at the IRS rate. If two or more council members travel by car, only one driver will receive reimbursement. The City will reimburse for the cost of renting an automobile if necessary, to conduct City business. c. Lodging and meal costs are limited to those which are reasonable and necessary. d. Receipts are required for lodging, airfare, parking, and meals and should accompany an expense report form. It is not necessary to have receipts for public transportation, cabs and tips. The expense report shall be submitted to the City Clerk or Finance Department for payment. e. The City will not reimburse for alcoholic beverages, personal telephone calls, costs associated with the attendance of a family member, rental of luxury vehicles, meal expenses included in the cost of registration, or recreational expenses such as golf or tennis. 5. Exceptions to this policy can be made by majority vote of the City Council. 6. This policy shall be reviewed by the City Council at its first meeting in January each year, and amendments to the policy must be made by Resolution of the City Council. Policy adopted on January 9, 2006. #2H MEETING TYPE Regular Meeting City of Shorewood Council Meeting Update Title / Subject: Authorize Advertisement for One Light Equipment Operator for Public Works Meeting Date: January 9, 2023 Prepared by: Larry Brown, Director of Public Works Reviewed by: Marc Nevinski, City Administrator Attachments: 2023 Approved Budget, Excerpt AFSCME Union Contract Background: On December 12, 2022, the City Council approved the proposed 2023 Operating Budget. The budget includes the addition of one additional position of a Light Equipment Operator (LEO) for the Department of Public Works. Page 2 of Attachment 1 cites this proposal. This additional individual will aid the department in responding to resident needs and performing maintenance duties within the parks. Financial Considerations: As proposed, this full-time position will be funded twenty percent from the Public Works Operating Budget and eighty percent from the Park Operating Budget. In accordance with the current Union Bargaining Agreement the wage range for this position is $28.59 per hour starting wage to $34.58 per hour after five years, as shown in Attachment 2. Recommendation/Action Requested: Staff recommends approval of a Motion by the City Council that authorizes advertisement for one Light Equipment Operator, as outlined herein. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 2I Title/Subject: Resolution Accepting Donations to Arctic Fever Event Meeting Date: Monday, January 9, 2023 MEETING Prepared by: Janelle Crossfield, Park/Rec Director TYPE Reviewed by: Marc Nevinski, City Administrator Regular Attachments: Resolution 23-002 Meeting 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/non-monetary items set forth below, for the purpose of the 2023 Arctic Fever Event being held on January 20 and January 21, 2023: Name of Donor Amount/Item Xcel Energy $300 Joey Nova’s Pizza Pizza and S’more Kits Excelsior Eye Care Ray Ban Sunglasses, Case and Cleaner Caribou Coffee, Shorewood Coffee Financial Considerations: This donation will help to cover expenses incurred for the 2023 Arctic Fever Event. Action Requested: Staff respectfully recommends the city council approve the Resolution Accepting Donations as Delineated in the Resolution to the 2023 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 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-002 A RESOLUTION ACCEPTING DONATIONS TO THE CITY OF SHOREWOOD 2023 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 a donation as set forth below to the city: Name of Donor Amount/Item Xcel Energy $300 Joey Nova’s Pizza Pizza and S’more Kits Excelsior Eye Care Ray Ban Sunglasses, Case and Cleaner Caribou Coffee, Shorewood Coffee WHEREAS, the terms or conditions of the donations are to be used for the 2023 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 donation 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 9th day of January 2023 __________________________ Jennifer Labadie, Mayor ___________________________ Sandie Thone, City Clerk ITEM 2J MEETING TYPE # Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Approving Seasonal Hires: Ice Rink Attendants Meeting Date: Monday, January 9, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Marc Nevinski, City Administrator Background: The City of Shorewood currently has two parks with skating rinks that provide warming house facilities. The parks are Cathcart Park and Manor Park. The skating rinks typically open as early as is physically possible with winter conditions for rink flooding. Once the rinks are completed, weather permitting, the warming houses at the two parks are open Monday through Friday from 3:30 p.m. to 9:00 p.m., Saturday from 11:00 a.m. to 9:00 p.m. and Sunday from Noon to 9:00 p.m. and extended hours on planned school closure days such as holidays or workshop days from 10:00 a.m. to 9:00 p.m. We currently are striving for these hours however, with limited applicants and unfavorable ice conditions at Manor we plan to focus all staffing to keep Cathcart Park Warming House open as many hours as possible. In order to operate the warming house facilities at the above parks, the city hires seasonal employees to serve as ice rink attendants. The following two people have submitted the necessary application materials to be rink attendants: 1. Katie Eisemann 2. Nataley Vasser Additionally, authority is requested to approve and add additional Ice Rink Attendants by the Parks and Recreation Director as needed to conduct warming house operations for the remainder of the season. Recommendation / Action Requested: Staff respectfully requests the city council approve the above two applicants. Due to the length of time before the next Council meeting, staff also requests for authority to approve and add additional Ice Rink Attendants as needed to conduct warming house operations for the remainder of the season. 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. C:\\Users\\bpricco\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\F4DJN8JM\\Ice Rink Attendant Memo- 2J.doc 2K MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Approve Agreements for Strawberry Lane Street Improvements Project; City Project 19-05 Meeting Date: Monday, January 9, 2023 Prepared By: Andrew Budde, City Engineer Reviewed By: Mark Nevinski, City Administrator Attachments: Agreements, Resolution Background: The Shorewood City Council awarded the Strawberry Lane Improvements project which includes Peach Circle, Strawberry Court, drainage improvements, watermain, and a sidewalk on the east side of Strawberry Lane. The project requires acquisition of roadway easements and drainage & utility easements to complete the project. Staff has secured most of the permanent easements required for the project and many of the right of entries. Staff is continuing to meet with residents throughout the project to discuss and acquire the remaining right of entries and easements for the project. One parcel is anticipated to require eminent domain and is to be discussed under a separate agenda item. Financial Considerations: Costs for easement acquisition has been accounted for in the Capital Improvement Plan and would utilize a combination of Street & Utility Bonds, Water Fund, Sanitary Fund, and Storm Sewer Fund. Recommendation/Action Requested: Staff recommends the City Council adopt the Resolution as submitted that the agreements for 5825 Strawberry Lane, 5845 Strawberry Lane, 5885 Strawberry Lane, 5970 Strawberry Lane, 6060 Strawberry Lane, 6075 Strawberry Lane, 6170 Strawberry Lane, and 6185 Strawberry Lane for the Strawberry Lane Street Improvements project. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-003 A RESOLUTION APPROVING AGREEMENTS FOR STRAWBERRY LANE STREET IMRPOVEMENTS PROJECT, CITY PROJECT 19-05 WHEREAS, the City of Shorewood (“City”) approved the Plans & Specifications for the Strawberry Lane Street Improvements Project and authorized bidding on September 12, 2022; and WHEREAS, the City awarded the Strawberry Lane Street Improvements Project on October 24, 2022; and WHEREAS, the City staff have negotiated and agreed to several permanent easements and right of entries as necessary for the Strawberry Lane Street Improvements Project located at 5825 Strawberry Lane, 5845 Strawberry Lane, 5885 Strawberry Lane, 5970 Strawberry Lane, 6060 Strawberry Lane, 6075 Strawberry Lane, 6170 Strawberry Lane, and 6185 Strawberry Lane; and WHEREAS, the City will continue to acquire right of entry and easement agreements with property owners to accommodate drainage, grading, staging, tree removal, landscaping, and other misc. impacts that are in mutual benefit of the resident and the city; and WHEREAS, the project is included in the 2023 Capital Improvements Plan and will fund the project through a combination of Street & Utility Bonds, Water Fund, Sanitary Fund, and the Stormwater Fund; and NOW THEREFORE, IT RESOLVED: that the City Council of the City of Shorewood hereby approves the agreement with 5825 Strawberry Lane, 5845 Strawberry Lane, 6060 Strawberry Lane, 5885 Strawberry Lane, 5970 Strawberry Lane, 6075 Strawberry Lane, 6170 Strawberry Lane, and 6185 Strawberry Lane for the Strawberry Lane Improvements Project and authorizes recording and payment. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9 day of January 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk #2L MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Approval of Extension for Excelsior Woods Applicant: Red Granite Construction Location: 20325 Excelsior Blvd Meeting Date: January 9, 2023 Prepared by: Jason Carlson, Planning Technician Reviewed by: Marie Darling, Planning Director Attachments: Resolution 21-073 Applicants request Resolution Background: Red Granite Construction has submitted their request to extend the development agreement for Excelsior Woods for an additional 180 days (to June 18, 2023). The applicant has told staff that they have had delays and are not ready to record the plat. The previous deadline extension was approved on June 27, 2022. The current deadline would have expired on December 20, 2022. Public Testimony: All required public testimony was previously taken during the preliminary and final plat review. No notices are sent for this type of request. Financial or Budget Considerations: The extension has no impact on the budget. Recommendation / Action Requested: Staff recommends approval of the request for an extension to the final plat for Excelsior Woods on property located at 20325 Excelsior Boulevard, subject to the findings and conditions in the attached resolution. Action on this request requires a simple majority. Next Steps and Timelines: Should the City Council approve this request; the developer would need to satisfy all conditions of approval as specified in the final plat resolution and development agreement prior to beginning work on the site. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Planning Files\\Applications\\2021 Cases\\Excelsior Woods\\Extension of final plat approvals\\Extension\\CAF Memo 01092023 extension.docx RESOLUTION 21-073 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A FINAL PLAT TO BE CALLED EXCELSIOR WOODS FOR PROPERTY LOCATED AT 20325 EXCELSIOR BOULEVARD WHEREAS, Red Granite Construction, LLC. (the “Applicant”), has submitted a request for a final plat of “Excelsior Woods” under the Shorewood City Code and under Chapter 462 of Minnesota Statutes; and WHEREAS, the property is legally described as: Lot 37, Auditor’s Subdivision No. 141, Hennepin County, Minnesota; WHEREAS, the final plat is consistent with the preliminary plat, conditional use permit for fill and variances approved for the subdivision on April 27, 2020, and WHEREAS, a development agreement has been prepared as part of the final plat application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood: 1. The plat of Excelsior Woods for 4 lots to allow two twin-homes is hereby approved according to the plans and materials submitted April 20 and 21, and May 10, 11 and 14, 2021, subject to the conditions listed below. 2. The approval is specifically conditioned upon the terms and conditions contained in the Development Agreement for the subdivision. 3. The Mayor and City Administrator are hereby authorized to execute the Development Agreement on behalf of the City Council. 4. The final plat, development agreement and all related documents listed below, shall be filed with Hennepin County, and as required by the Development Agreement. 5. Prior to release of the subdivision for recording the final plat, the Applicant shall submit the information and revised plans consistent with the regulations in City Code, and as follows: a. Revised homeowner association (HOA) documents that indicate maintenance responsibility for the stormwater filtration basin, retaining wall, wetland buffers and buffer monuments consistent with the conservation easement and the stormwater agreement. b. Executed easements and agreements, including: 1) development agreement; 2) conservation easements over the wetland buffers; 3) an encroachment agreement for the retaining wall; and 4) a maintenance agreement over the stormwater basin. c. Payment of the following fees: park dedication ($19,500); and local sanitary sewer access charge ($3,600); and water connection charges ($8,950). The water connection fee is calculated as $10,000 per lot minus the engineer’s estimate of the costs to install the public portion of the watermain and service installation. d. Submission of all required financial guarantees/escrow deposit as indicated in the development agreement. e. Approval of the hydrant locations from the Fire Marshall (Excelsior Fire District). f. Any required permits from other agencies. g. Revised construction management plan including, but not limited to, the haul route for the material to be imported and increase the street cleaning to once per day while fill material is being brought to the site. h. Revised plans and other information consistent with the Engineer’s Memo dated June 16, 2021 and City Code, as follows: 1) Revise the plat to include: 1) drainage and utility easement over the wetland buffer; 2) right-of-way within 10 feet of the paved surface of St. Albans Bay Road in the southeast corner of the property; and 3) adjust the drainage and utility easements accordingly. 2) Revise the construction management plan to: 1) indicate the haul route consistent with the approved conditional use permit (State Highway 7 through the Christmas Lake Road intersection to Excelsior Boulevard and access the site from St. Albans Bay Road); 2) correct the construction hours; and 3) propose a location for off-street parking for the contractor vehicles. 3) Revise the plans to show a conforming amount of impervious surface coverage on Lot 3. 4) Revise the landscaping plan to: 1) add (at a minimum) 2 additional trees as required by the tree preservation policy; 2) increase the planting size of deciduous trees to 3 inches or add eight additional trees that meet the city’s requirements; 3) relocate the trees a minimum of 10 feet from utility mains and private utility services. 5) Revise the grading plan/erosion control plan to: 1) indicate a double row of silt fence to protect the wetland to the east during import of material and mass grading; 2) add a note that ground cover shall be restored to disturbed areas within 7 days after grading has been completed; and 3) add wetland buffer monuments. Monuments may be consistent with City or Watershed design. 6) Revise the tree preservation plan to remove impacts to trees on adjacent properties as may be needed or submit signed agreements from the affected property owners granting permission for the removal. To be considered saved, no activity is permitted within the drip line of the tree and fencing is required to be installed and inspected prior to mass grading. 6. Prior to issuance of building permits, the Applicant shall submit or complete the following: a. Submit proof of recording for the subdivision, including the resolution, easements, HOA documents, and agreements. b. Submit a soils report from a licensed professional engineer that indicates the soils present on the site and brought in are adequate for the construction of the structures. c. Install the wetland buffer monuments. d. Install the public improvements and complete grading as directed in the development agreement. e. Acquire all permits for construction, including right-of-way permits. 7. The site shall remain in compliance with the city’s tree preservation policy until all construction in the subdivision is complete. 8. Impervious surface coverage may not exceed 33 percent on any of the lots. 9. The final plat shall expire in 180 days if the Applicant has not recorded the final plat at Hennepin County. The Applicant may request an extension to the approval subject to the requirements of Section 1202.03 Subd. 2. f. (3). 2 th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28 Day of June, 2021. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk 3 Marie Darling From:Luke Busker <luke@redgraniteconstruction.com> Sent:Monday, December 19, 2022 12:05 PM To:Marie Darling Subject:Extension Request Good Morning Marie, Please file/ask for an extension of the date on the final plat and the development contract and additional 6 months. I appreciate all of your help! If I don't talk to you in the meantime, have a Merry Christmas! -- Luke Busker 612-490-1037 1 RESOLUTION 23-003 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN EXTENSION TO THE FINAL PLAT APPROVAL FOR EXCELSIOR WOODS FOR PROPERTY AT 20325 EXCELSIOR BOULEVARD WHEREAS, the City of Shorewood approved a previous request for an extension on June 27, 2022 from Red Granite Construction, LLC. (the “Applicant”) for a final plat and development agreement extension for the property legally described as: Lot 37, Auditor’s Subdivision No. 141, Hennepin County, Minnesota; WHEREAS, Resolution 22-059 included a condition that the approvals would expire in 180 days unless the final plat and other required materials are recorded or an extension has been approved; and WHEREAS, the 180-day period would have expired on Dec 20, 2022, without request for an extension subject to Chapter 1202.03 Subd. 3 c; and WHEREAS, the Applicant has outstanding conditions of approval that they have yet to satisfy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the deadline to submit the final plat to be called “Excelsior Woods”, is hereby extended and the Agreement amendments are hereby approved, subject to the following conditions: 1. The final plat approved by the City of Shorewood Resolution 21-073 and extended by resolution be recorded with the county recorder or registrar of titles to June 18, 2023. 2. All conditions listed in Resolution 21-073 shall be adhered to. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of January, 2023. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2M Title/Subject: COVID Leave Expiration MEETING TYPE Meeting Date: Monday, January 9, 2023 REGULAR Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Marc Nevinski, City Administrator Joe Rigdon, Finance Director Background: Under the Families First Coronavirus Response Act (“FFCRA”) employers with less than 500 employees were required to offer Emergency Paid Sick Leave in the amount of 80 hours to each qualifying employee effective April 1, 2020. If employees were unable to work, or telework because of the COVID-19 pandemic causing them to quarantine or isolate, they would be eligible for 80 hours of paid sick leave under the federal legislation. In addition to the 80 hours of FFCRA leave above, Shorewood extended an additional 80 hours of COVID leave to employees if necessary, which would allow an employee to go negatively into their sick leave bank and pay it back over time after returning to work. This Emergency Paid Sick Leave benefit expired on December 31, 2020 and Shorewood City Council approved extensions to June 30, 2022. As the majority of Shorewood employees have benefited from this emergency sick leave policy and the situation has changed significantly, staff is requesting the City Council approve the expiration of this COVID sick leave policy effective January 1, 2023. The expiration will allow staff to remove all accrual banks from the system and they will no longer be available for employees to draw from. Employees will be required to use their regular sick leave. Recommendation/Action Requested: Staff respectfully recommends the city council approve the expiration of COVID emergency sick pay policy (COVID-E and COVID-19) for Shorewood city employees effective January 1, 2023. 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 23-005 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE EXPIRATION OF THE COVID EMERGENCY LEAVE POLICY FOR SHOREWOOD EMPLOYEES WHEREAS, the COVID-19 pandemic required government to take extraordinary steps to respond to the public health emergency; and, WHEREAS, under the Families First Coronavirus Response Act (“FFCRA”), employers with less than 500 employees were required to offer Emergency Paid Sick Leave in the amount of 80 hours to each qualifying employee effective April 1, 2020; and WHEREAS, this Emergency Paid Sick Leave benefit expired on December 31, 2020 and the City of Shorewood extended COVID emergency sick leave, extending up to 80 hours of sick leave to employees through June 30, 2022. WHEREAS, the majority of Shorewood employees have benefited from this emergency sick leave and the situation has changed significantly, staff is requesting the expiration of this COVID sick leave policy and that all accrual banks be removed from the system and no longer available. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA that the COVID Emergency Sick Leave policy is expired as of January 1, 2023 and all accrual banks will be removed from the system and no longer available. Adopted by the City Council of Shorewood, Minnesota the 9th day of January 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 2N MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Approving Promotion of Stephany Vasser Recreation Specialist Meeting Date: Monday, January 9, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Ed Shukle, Interim City Administrator Policy Consideration: Pursuant to Shorewood Personnel Policy Section 3.08 All new, rehired, promoted or reassigned employees shall complete a six (6) month probationary period upon assuming their new positions. This period shall be used to observe the employee’s work habits and ability to perform the work they are required to do. Background: The city most recently recruited candidates for the Recreation Specialist Position. Stephany Vasser was selected for the position based on her years of service to the community both as a part-time employee and as a former Parks Commissioner. Stephany has been with the City for eight years in various part-time positions such as Ice Rink Attendant and Shorewood Community and Event Center Attendant. She has also assisted with work at City Hall and other programs and activities. Additionally, Stephany served as a engaged Parks Commissioner when she frequently attended parks and events in other communities and reported on her experiences. Stephany as proven to be a wealth of knowledge and support for the Parks and Recreation Director. Financial Considerations: Staff is recommending Stephany’s compensation rate be set at Grade 3, Step A of Shorewood’s Compensation Plan of $15.43 hourly. The position will be reviewed at the 6-month anniversary for consideration of permanent appointment. The position is non-exempt and PERA eligible Action Requested: Staff respectfully recommends the city council approve Stephany Vasser’s promotion as a probationary employee in the capacity of Recreation Specialist for the City of Shorewood. Motion, second and simple majority vote required. If the council approves his appointment, her first day of employment is anticipated to be January 10, 2023. Connection to Vision/Mission: Consistency in providing residents quality public services, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 4A MEETING TYPE Council Meeting City of Shorewood Council Meeting Item Title / Subject: Deterring Vandalism Meeting Date: January 9, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Marie Darling, Planning Director and Ed Shukle, Interim City Administrator Attachments: FlashCAM Packet Vandalism Repair Quote Background: The City of Shorewood has experienced an increase in the level of vandalism and the associated costs of repairs to the restrooms at Manor Park. Staff have prepared a selection of options for deterring vandalism for the Parks Commission review. Options include: security camera similar to the one set to be installed at Badger Park, a FlashCAM solar powered motion censored camera, public safety enforcement and/or a community mural. Security Camera: $9,000; $50 annually for recurring monitoring fees (A two-camera video surveillance system)  2-5mp high resolution vandal resistant dome cameras with varifocal lenses  Wall hanging NVR lock box  20 inch monitor  Hanwha NVR with 30 days of video storage  UPS for Video System- Backup Power and Surge Protection FlashCAM: $7,850 (A solar-powered, portable, motion-sensing camera with voice recording)  Completely portable and self-sustaining: solar-charged and easy to move  No internet network required, photos are received via Bluetooth  Powerful active deterrence, stopping it before it happens is the goal  High-resolution photo: technology is proven to provide prosecutable photos and can ID a suspect from 100’s of feet away 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. Public Safety Enforcement: Requesting South Lake Minnetonka Police Department to increase patrol at Manor Park Community Mural: $2,000 - $10,000 Engaging the community to create a mural in Manor Park in the bathrooms and/or on the exterior of the building. Research has shown that art deters vandalism by removing the blank canvas that attracts vandals in the first place. It also creates a relationship with the space and can provide an approach to prevent vandalism, improve park amenities, engage residents young and old as well as strengthen community pride. Grants may be obtained to help cover the expenses. Staff Recommendation: Staff recommends a dual approach of the FlashCAM and a community mural. Financial or Budget Considerations:  FlashCAM: $7,850  Community Mural: $2,000-10,000  Vandalism Repair: $3,970 Recommended Next Steps:  Purchase and install FlashCAM at Manor Park  Develop plan and budget for mural at Manor Park Letter of Intent Project Name Shorewood Parks Scope of project: Repair vandalism Proposal date: 12/13/2022 Contact: Janelle Crossfield 5755 Country Club Road Shorewood, Mn 55331 Project phone: 612-960-7902 Architect and date of plans: none Estimated timeframe for construction: TBD. Intent of total project: Repaint/restore 4 park restrooms For each restroom: Paint 4 walls- one color Paint Concrete floor- grey Paint one ceiling- white For one restroom: Replace wall lav and faucet Allowances included in Danberry price: Permits: 0 Plumbing fixtures ( one wall lav and single handle chrome faucet) Electrical- 0 (one hand dryer repair to be determined) Drywall repair 0 Appliances 0 Paint: incl. Haven’t you waited long enough? 5413 Manitou Road | Tonka Bay, MN 55331 www.danberrybuildingcorp.com bc638945 Normal Payment schedule: Full payment upon substantial completion. Price includes liability insurance and work comp coverage. Price includes material and labor and cleanup. Timing to be determined- work to be completed in approx.. 5 working days. $3970.00 Danberry Signature: Director Signature/date: A. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIAL FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR CONTRIBUTIONS. B.UNDER MINNESOTA LAW YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LEIN WAIVER SIGNED BY THE PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Minnesota law allows for a 3 day written rescission after date of signing Haven’t you waited long enough? 5413 Manitou Road | Tonka Bay, MN 55331 www.danberrybuildingcorp.com bc638945 Haven’t you waited long enough? 5413 Manitou Road | Tonka Bay, MN 55331 www.danberrybuildingcorp.com bc638945 #4B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Freeman Park Trail Rehabilitation Project Location: 6000 Eureka Road Meeting Date: January 9, 2023 Prepared by: Marie Darling, Planning Director Attachments: Graphic with Cost Estimates for each trail segment Videos of the existing Freeman Park trail conditions may be found on the city’s website by selecting: Government/City Departments/Parks/Trails and scrolling to the bottom of the page or with this link: Welcome to Shorewood, MN Background: The trails in Freeman Park are in need of repaving and this project was included in the 2023 CIP with a total estimated cost of $400,000. The attached plan for the Freeman Park Trail Reconstruction was prepared by the City Engineer and summarizes each section of the project and their costs. We are looking for guidance on several options so that we know what needs to be included in the project. Decision on these optional features could reduce the total price. The project consists of restoring the trails in their current locations except as noted below. Most of the trails are 8 feet in width, but trails A, B and J are about 5-6 feet wide. The Trail Reconstruction Project The red segment is the portion of the trail that would be paid for by the Three Rivers Park District and built to their specifications. The engineer’s estimate for this trail construction/reconstruction is about $300,000 The yellow segments are all existing trails. The estimate for these trails is $285,300. The estimates are prepared assuming the trails would be eight feet wide. Trail segment J may not be able to be expanded due to several issues listed on the table in the graphic and the potential need for additional right-of-way. A wetland delineation for this portion of the project would provide key information and that portion of the project design would be completed when ground temperatures allow. Keeping Trail J at the current width may reduce the price, although specialized equipment could also be needed to construct the narrower trails. With the sidewalk construction in Walnut Grove Villas (Park Lane from Seamans Drive to Eureka Road), pedestrians/bikers from Yellowstone Lane and Seamans Drive will have direct access to Trail J and into Freeman Park. There are also a few optional elements of the trail project as well: 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. Segment B: Repaving this trail was not included in with the yellow coded trails as the trail is now duplicated by the Three Rivers Park District trail project. There are a few options for this trail, including: 1. Reconstruction in the same location at the same width (due to potential wetland impacts and tree loss, costs to expand to six feet would increase exponentially). Likely ±$50,000. 2. Reconstruct the subgrade and add class 5 gravel or establish turf for a natural trail experience. The cost would be about $4,500 for the removal of the pavement or adding more gravel or topsoil for grass seed. Segment L: Segment L is currently unpaved and connects the southerly parking area and a neighborhood entry. This trail is the only unpaved trail proposed to be paved. If the commission would like to pave the area at this time, the cost would be about $14,250. Segment G: This area is an old roadbed that was previously used for vehicle traffic connecting the north and south segments of the park. Now it is for pedestrian access only, except for emergency and maintenance vehicles. However, it retains its wider shape and is in very poor condition. This connection could be reduced to 12 feet and reconstructed for its current purpose. This work would cost about $38,500. Financial Implications: The cost of the project could be reduced without these optional projects but including them would be cheaper now than addressing them as a separate project later. Assuming that the City Council directs staff to move forward with replacing all the segments and the optional B, G and L segments as well, the total cost would be about $390,000. The estimates were greater than previously estimated. Consequently, staff increased the expected cost for the project in the CIP to $400,000. The estimates are higher than previously estimated four years ago when this item was included as a project in the CIP. To cover the additional cost, staff are preparing grant applications and will request City Council support for these grants on an upcoming agenda. One of the grants would be targeted specifically at optional Segment G. Request/Recommendation: Staff request direction on the optional portions of the trail segments so that the City Engineer can finalize the plans and ready the plans for bid. Staff recommend the following: 1. Trail segment B: repave the trail at the same width. 2. Trail segment L: construct a paved trail in this location to create a paved walkway from the neighborhood through the ballfields and into the developed portion of the park. 3. Trail segment G: reconstruct the roadbed to 12 feet as indicated above and return the remaining area to turf. 4. Trail segment J: explore expansion of the trail to 8 feet to provide a wider entry into the park for both pedestrians and bikers. 5A MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Authorize Eminent Domain - Strawberry Lane Street Improvements Project; City Project 19-05 Meeting Date: Monday, January 9, 2023 Prepared By: Andrew Budde, City Engineer Reviewed By: Mark Nevinski, City Administrator Attachments: Easement Figures, Resolution Background: The Shorewood City Council awarded the Strawberry Lane Improvements project which includes Peach Circle, Strawberry Court, drainage improvements, watermain, and a sidewalk on the east side of Strawberry Lane. The project requires acquisition of roadway easements and drainage & utility easements to complete the project. Staff has secured most of the permanent easements required for the project and many of the right of entries. Staff is continuing to meet with residents throughout the project to discuss and acquire the remaining right of entries and easements for the project. However, staff has been unable to connect with and get a response from one property nd owner after multiple attempts over 11 months. The property is located at 26420 W 62 Street. The property is a rental and staff has stopped by the property and was provided a phone number to the owner. The owner was called on multiple occasions with voicemails asking for a return call. Staff has also sent certified mail on two separate occasions to both the property address and the tax address with summary letters asking to call or email staff. The second attempt of certified mail included the appraisal and a formal offer to acquire the easements. To this date no connection with the property owner has been made. For the city to be able to acquire legal access to the easements and maintain the project construction schedule, it would be appropriate for the city to initiate the eminent domain process. If initiated in January, the city would be have access the property in May to allow for construction. Staff from Cambell-Knutson is prepared it assist with the eminent domain process. Financial Considerations: Costs for easement acquisition has been accounted for in the Capital Improvement Plan and would utilize a combination of Street & Utility Bonds, Water Fund, Sanitary Fund, and Storm Sewer Fund. 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 Recommendation/Action Requested: Staff recommends the City Council adopt the Resolution as submitted that authorizes staff to pursue eminent domain for the Strawberry Lane Street Improvements project. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 23-006 RESOLUTION AUTHORIZING EMINENT DOMAIN OF LAND FOR PUBLIC PURPOSES FOR THE STRAWBERRY LANE STREET IMPROVEMENT PROJECT, CITY PROJECT 19-05 WHEREAS, the City Council of the City of Shorewood does hereby determine that it is necessary for a public use and purpose to acquire the property legally described on the attached Exhibit “A”, subject to engineering modifications, if any, for purposes in connection with the Strawberry Lane Street Improvements Project, City Project No.19- 05. WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the necessary easements and/or fee title; and WHEREAS, the City Council finds that development and construction conditions related to the area make it necessary to acquire title to, and possession of, the property as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary easements and/or fee title identified on the attached Exhibit “A”, subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the “quick take” provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and the City Administrator are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 1 4. The City is in the process of obtaining appraisals of the property being acquired. The City Council hereby authorizes the City Administrator to approve the appraisals and make formal offers to the property owners subject to City Council’s final approval. th ADOPTED by the Shorewood City Council this 9 day of January 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 2 EXHIBIT “A” 3 5B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Approve Change Order for 2022 Street Sweeping Removals, City Project 22-08 Meeting Date: Monday, January 9, 2023 Prepared by: Andrew Budde, City Engineer Attachments: Overview Map, Payment Application Background: Staff has requested quotes to remove street sweepings that have been stockpiled at Public Works over the last several years and was originally estimated to be 500 cubic yards. The work was quoted, and the low quote was awarded to W.M. Mueller on November 14, 2022, in the amount of $26,725.00. After the loading and hauling process was completed, staff was notified by the contractor that they had hauled away much more than 500 CU YD. Staff investigated the concern and identified that the original amount quantified only included one of the two stockpiles at the site. The southern stockpile was surveyed and determined to be 500 CY CU. The northern stockpile that was not included in the original estimates and was quantified to be 734 CU YD based on truck tickets. Financial Considerations: Costs for this work had been budgeted for in the Capital Improvement Plan (CIP) and would utilize the Stormwater Management Fund. The city had budgeted $37,100 in 2022 for this effort in the CIP. The original quote award was for $26,725.00. The total change order is for $35,562.30. The amount over the 2022 CIP budget amount is $25,187.30. Staff proposes to utilize a portion of the $100,000 from the 2022 CIP item from Storm Pond Sediment Cleaning & Disposal to pay the balance to the contractor. Recommendation/Action Requested: Staff recommends approving the Change Order in the amount of $35,562.30 to W.M. Mueller & Sons, Inc. for the 2022 Street Sweeping Removals, City Project 22-08. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item Title/Subject: Park Commission Appointments 6B Meeting Date: Monday, January 9, 2023 Prepared by: Sandie Thone, City Clerk/HR Director MEETING TYPE Reviewed by: Marie Darling, Planning Director Attachments: Resolution Regular Meeting Background: The City Council conducted interviews at their work session on January 9, 2023 with two applicants; David Garske and Amy Wenner. Each applicant currently is seeking to represent the city on the Park Commission where three vacancies currently exist. Staff requests the City Council discuss the interviews with the applicants and consider the following appointments: Park Commission for the Term ending February 28, 2025: 1) Park Commission for the Term ending February 28, 2024: 2) Action Requested: For passage of these appointments a resolution has been prepared and is attached. 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 23-008 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION MAKING APPOINTMENTS TO THE SHOREWOOD PARK COMMISSION WHEREAS, the resignation of Jim Heinz, Joanne Schmid, and Matt Gallivan left vacancies on the Shorewood Park Commission ending in February of 2023, 2024, and 2025; and, WHEREAS, the City advertised for applicants for the vacancy and received applications from David Garske and Amy Wenner; and, WHEREAS, David Garske and Amy Wenner were interviewed by the City Council on January 9, 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA that the Council makes the following appointments: Park Commission ______________, for a term to commence immediately and expire February, 2024. ______________, for a term to commence immediately and expire February, 2025. Adopted by the City Council of Shorewood, Minnesota this 9th day of January 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk