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04-24-23 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 24, 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 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 April 10, 2023 Minutes B. City Council Regular Meeting Minutes of April 10, 2023 Minutes C. Approval of the Verified Claims List Claims List D. Approve 2023 Retail Liquor License Renewals Deputy City Clerk Memo Resolution 23-038 E. Approve Concessions Agreement for Freeman Park Parks/Rec Director Memo (Eddie’s Station) F. Approve Contractor Agreement with Erica Heinrichs, Parks/Rec Director Memo Daily Wellness Tai Chi CITY COUNCIL REGULAR MEETING AGENDA Page 2 G. Approve Service Agreement for Christmas Lake AIS Program Planning Director Memo Resolution 23-039 H. Approve Permanent Appointment of City Clerk/HR Director Memo Park/Recreation Director I. Approve Hire of Community Center Attendant Park/Rec Director Memo J. Accept Quotes and Award Toppers & More for Truck Public Works Director Memo Topper and Storage System K. Approve Agreement and Adopt Special Assessment for City Administrator Memo 6060 Strawberry Lane City Administrator Memo Resolution 23-040 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 Council. Anyone wishing to address the Council should raise their hand, or if attending remotely please use the “raise hand” function on your screen and wait to be called on. Please make your comments from the podium and identify yourself by your first and last name and your address for the record. Please limit your comments to three minutes. No discussion or action will be taken by the Council on this matter. If requested by the Council, City staff will prepare a report for the Council regarding the matter and place it on the next agenda. 4. REPORTS AND PRESENTATIONS 5. PARKS A. Approve 2023 Integrated Pest Management Work Plan City Administrator Memo 6. PLANNING A. Report by Commissioner Johnson on 04/04/23 Planning Commission Meeting Minutes B. Request for Extension for Code Compliance Planning Technician Memo Location: 25020 Yellowstone Trail Resolution 23-041 C. Amendment to Maple Shores Development Contract Planning Director Memo Location:20430 Radisson Road Resolution 23-042 Applicant: Chamberlain Capital, LLC. CITY COUNCIL REGULAR MEETING AGENDA Page 3 7. ENGINEERING/PUBLIC WORKS A. Award Contract and Order Equipment for Lift Station 11 Assistant City Engineer Memo Rehabilitation, City Project 22-07 Resolution 23-043 B. Approve Water Meter Replacement/Purchase Public Works Director Memo Resolution 23-044 8. GENERAL/NEW BUSINESS 9. STAFF AND COUNCIL REPORTS A. Staff 1. First Quarter 2023 General Fund Budget Report Finance Director Memo 2. First Quarter 2023 Investment Report Finance Director Memo 3. Response to Question – Tree Selection Communications Coordinator Memo B. Mayor and City Council 10. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, APRIL 10, 2023 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:04 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Labadie, Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Morreim; and, City Engineer Budde Absent: None B. Review Agenda Maddy moved, Sanschagrin seconded, approving the agenda as presented. Motion passed 5/0. 2. COMMUNICATIONS PREFERENCES AND AGENDA STRUCTURE City Administrator Nevinski gave an overview of areas where staff would like input from the Council on communications for things such as legislation around Highway 7, EMC, fire training, and various other items. He explained that in the past, the Council has been informed of these in various ways and at different points in their process and staff would like some feedback on how the Council would like these handled moving forward. Mayor Labadie shared a recent situation related to legislature where she was asked to provide a signature on behalf of the City when there was not time to present the information to the full Council. She stated that in this particular instance, she spoke with City Administrator Nevinski and Police Chief Tholen who were both in support, so she did provide a signature. Councilmember Callies stated that in the past, Council has bypassed going through the City Administrator if there is something that is specifically related to other areas, such as Engineering or Planning. She asked how the Council felt about this approach. Councilmember Johnson stated that he felt the role of the Council was to be a check and balance. He stated that he does not feel that he has ever been burdensome when he has asked questions, but if so, it would be helpful to have that information. Councilmember Sanschagrin explained that he had tried to copy City Administrator Nevinski on these communications rather than just going to other staff members. He stated that his thought was that it would be helpful for City Administrator Nevinski to be kept in the loop on the various communications. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES APRIL 10, 2023 Page 2 of 6 City Administrator Nevinski stated that he fully supports the Council communicating directly with the subject matter experts on those kinds of questions because it is the most efficient approach, but noted that it was helpful for him to know that the Council has questions or concerns. He stated that he would appreciate being copied on those communications. City Engineer Budde stated that he feels that if there are questions that are coming from the Council packet that they just want a bit of clarity on, he would appreciate an e-mail giving them a ‘heads up’ about the questions so staff can be more prepared with the answers. Parks and Recreation Director Crossfield explained that for her, she came from a ‘City Manager’ style of administration, where staff did not interact with the Council other than in a formal setting. She stated that she does appreciate getting a heads up when there are questions because there are not as many hard and fast rules in her area as there are in the Planning and Engineering Departments. She stated that, for her, it takes her time to think through things before she can give an answer. Councilmember Callies stated that she would appreciate having a heads up if there are big policy changes, things related to hiring, or other big changes coming up in how the City is doing things. Planning Director Darling stated that generally, when the Council contacts staff and lets them know what their concerns are, those are shared with City Administrator Nevinski as well so he knows what is going on and what he may need to prepare. She stated that she does not have any concerns with members of the Council contacting her directly. Public Works Director Morreim stated that he agreed and stated that he would support the Council including City Administrator Nevinski in their communications, but noted that staff is in contact with him on a daily basis. He stated that if there is anything that needs to be communicated with City Administrator Nevinski, staff is in touch with him. Councilmember Sanschagrin asked if there had been anything that had caused concerns on the protocols that had been used thus far. He asked if over extending authority had triggered this topic of discussion. He asked if there was a checklist that may be able to give guidance to someone like Mayor Labadie that clearly outlines the parameters she may have in various situations. City Administrator Nevinski stated that in his mind, the threshold ends up being whether the issue is controversial or where there may not be clear direction among the Council. He stated that if there is something that the Council is split on, there should be discussions. He noted that he feels that part of his job is to help filter through that and ask some of those questions. Councilmember Maddy stated that he does not think it is legal for the City Administrator and Mayor to speak on behalf of the City, even for non-controversial issues. He stated that he thinks it would make more sense to simply state that the “City Administrator and the Mayor’ are in support of this which he feels can be stated without speaking for the City. He explained that he did not feel comfortable with them saying ‘The City of Shorewood’ is in support of something without there being an open meeting and a conversation. City Attorney Shepherd stated that this ends up being more of an art than a science. He explained that he did not generally have a concern with the City Administrator and the Mayor representing the position of the City for issues that are consistent with the policies and discussions that the CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES APRIL 10, 2023 Page 3 of 6 City has already had with respect to those, but noted that it will be on a case by case basis where it will apply. Councilmember Callies stated that she agreed with Councilmember Maddy and noted that when there is a bigger policy issue that the Council has not really chimed in on, she feels that is different. She noted, for example, that she felt the Council should have had more discussion on the THC issue. Mayor Labadie noted that one issue that she would have liked more of a heads up on was the high school job fair. Councilmember Callies reiterated that if something is going to be a potential large change, she would like there to be some discussion and allow the Council to weigh in on the issue. Mayor Labadie noted that if something has budget implications, she believes that should absolutely go before the Council. Councilmember Maddy stated that in order to keep things simple, he would suggest that for public safety items, if the Chiefs, the Mayor, and the City Administrator, think it is not a big deal and non- controversial, he feels that they can go ahead and send a letter, but asked that they let the rest of the Council know that the letter was sent. Mayor Labadie explained what type of items she normally runs past City Administrator Nevinski. Councilmember Maddy stated that he would like to make sure that all Councilmembers can share in the knowledge that one Councilmember receives and gave the example of digging into various budget or infrastructure items. He stated that he would like some form of efficiency in letting the full Council know this information without duplicating staff time. City Administrator Nevinski stated that he has seen it done in other communities and gave the example of a Councilmember asking a question regarding an agenda item which was then shared with the full Council in case someone else has that question. He stated that they can take a look at doing something like this as well. Mayor Labadie moved the conversation onto Matters from the Floor and explained that the League of Minnesota Cities and the Minnesota Mayor’s Handbook lays out that three minutes is a very standard amount of time. She stated that this information also lays out that it is not intended to be an interactive period of the meeting. She stated that when she first became mayor, she sent out a poll to other mayors and the overwhelming majority of the responses show that they also have a three minute time limit. She noted that she knows of some cities that have the Matters from the Floor segment prior to the Council meeting in order to prevent things like ‘grandstanding’ and more of a talking forum. She stated that she would like to hear the Council’s thoughts on this segment because she feels what is currently being done is painful. Councilmember Maddy stated that he has held a lot of public hearings in serving on the Planning Commission and feels he had learned a lot. He stated that he has never really learned anything from Matters from the Floor because it is just people coming in to complain about items that are off topic. He explained that his problem with Matters from the Floor is that the room is filled with applicants who have paid a lot of money for the City’s code analysis of their proposals and citizens who care about what is on the agenda and not what other people are complaining about. He CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES APRIL 10, 2023 Page 4 of 6 stated that he feels it is a waste of their time and also a waste of staff time to just sit through people complaining. He stated that the Council knew what they were signing up for, so it is not a waste of their time, but cautioned that he felt it also set the tone at the beginning of the meeting with the idea of ‘us versus them’, which is not accurate. He stated that he thinks when the complaints are crafted in something like the form of an e-mail it works out better. He stated that allowing verbal input at a working session he would support, but does not think it has any place at a normal meeting. Councilmember Sanschagrin stated that he feels it is an important part of the Council meetings even if it is nothing other than people expressing their opinions. He stated that it would be nice if people would be a bit less ‘prickly.’ He stated that he appreciated any of the feedback that can be given, even if it may be difficult to hear. He stated that he had mentioned at a recent meeting the idea of possibly reframing it in order to make it more positive, but noted that he is prepared to hear the more harsh feedback if people have it. He noted that he has spent time watching other city council meetings and thinks that there may be some things that the City can learn in order to make this less adversarial. He stated that there have been times when a citizen has said something and the council responded that it was a great point and that they would take it into consideration when the decision was being made. Councilmember Callies stated that taking things into consideration for a decision would be when something is actually on the agenda. She stated that she tends to agree with the opinion stated by Councilmember Maddy because the Council meeting is a business meeting and is not an open forum. Councilmember Sanschagrin stated that the League of Minnesota Cities refers to it as an open forum. Councilmember Callies stated that it is not designed to be a back and forth conversation. She stated that the Council does not know what people will be coming forward with so it is not fair to blindside staff or the Council. She stated that she did not think that they should wait until the end of the meeting to respond to what the public has stated but should be handled differently. She stated that she does feel it needs to be limited and noted that if it was something that a number of people were concerned about it should be put on the regular agenda. Councilmember Sanschagrin stated that perhaps part of this discussion should be how citizens can get items added onto the regular agenda. Mayor Labadie stated that she believes the agenda is largely driven by staff and by previous Council discussions. Councilmember Johnson stated that he would like to continue with the three minute limit for Matters from the Floor. He stated that he agreed with the concern raised by Councilmember Callies regarding holding off on a response to the end of the meeting. He stated that there may be times where staff would feel confident responding immediately so they should be given that opportunity along with the chance to respond at a later date. Councilmember Callies stated that she agreed that the Council should hear what people have to say, even if they happen to be angry, but it is unfortunate that some people have chosen not to treat the Council with respect. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES APRIL 10, 2023 Page 5 of 6 Councilmember Sanschagrin stated that he understands that concern and as a natural introvert he feels that if the Council attempts to take those individuals down the road of being polite it will go a long way. He stated that in order to get the most positive energy possible, they may need to work for it. He stated that he feels sometimes people just need to have the opportunity to get things off their chest and express themselves. Mayor Labadie stated that she does not think the discussion can be around content because they cannot regulate that. She stated that she thinks they are trying to figure out a procedure. Councilmember Maddy stated that he believes the whole Council is open to receiving whatever feedback comes their way, but it is a matter of when it comes. He stated that he thinks the question is whether it should be done during a normal meeting and whether it should have a limited time. Councilmember Callies stated that she did not want to have public comment at a different time. She stated that she would like to see the Matters from the Floor kept at three minutes and just continue to do the best they can. Mayor Labadie asked for Council input on the best way to let the speaker know the timing of their comments and how much is left. She explained that in the past when she was letting people know, she felt a lot of aggression coming at her when she would cut people off. She stated that, at the last meeting, City Administrator Nevinski took on that role. She explained that he had also come up with the concept of a countdown clock. City Administrator Nevinski explained that the countdown clock is set up for three minutes and at thirty seconds left, it would emit a small ding and then there would be another ding at the end. He suggested that the Council could give it a try and see how it works. Councilmember Johnson reiterated that he would like staff to have the opportunity to comment immediately if they have information that they are confident in sharing rather than waiting for the end of the meeting. Mayor Labadie stated that she worries about uniformity with that approach and could see people complaining that staff commented on one item but not another. She stated that she felt uniformity was the key tot his approach. City Administrator Nevinski stated that he likes having a written response and believes that works well because many times the questions are not simple and easy ones to answer on the fly. He stated that it is helpful if Council gives staff the direction to research the issue or add an item to a future agenda for further discussion. He stated that he would suggest that the City develop a written policy. Councilmember Maddy stated that he gets hung up in the situation where someone could come and say something that is completely false and everyone else in the room does not know it is false. He stated that he does not want to tie staff’s hands so much that they are not able to put something down immediately. Councilmember Sanschagrin asked if City Administrator Nevinski could chime in various situations and determine whether the response should be a memo and serve as sort of a ‘referee’ in these situations. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES APRIL 10, 2023 Page 6 of 6 City Administrator Nevinski stated that if there are false statements being made, he thinks it is especially important to have a memo so there is a clear record. He stated that he does not want staff to be put into a position to get in a battle, in the moment. He stated that if there is something that has a simple answer, he feels that can be done in the moment, but many times there is a lot of ‘meat’ behind what people are saying so a more robust response would be helpful. There was general consensus to continue Matters from the Floor as is, with a three minute time limit. Mayor Labadie noted that she would also like it to be known that people cannot give their minutes to someone else and explained that she had let it happen at one meeting and regretted it. 3. ADJOURN Maddy moved, Johnson seconded, Adjourning the City Council Work Session Meeting of April 10, 2023, at 6:54 P.M. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 10, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:02 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Park and Recreation Director Crossfield; Director of Public Works Morreim; Building Official Woodward; and, City Engineer Budde Absent: None C. Review Agenda Sanschagrin moved, Maddy seconded, approving the agenda as presented. All in favor, motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Johnson asked about item 2.E. and noted that he does not have a problem with it being on the Consent Agenda, but would like to have some history shared at a future meeting about how often the City revisits the fees for boat slips. He noted that he felt this fee was fairly low. Councilmember Callies stated that she would like to pull items 2.F. and 2.G. for further discussion. Mayor Labadie stated that that item 2.F. would be moved to New Business as item 8.B. and 2.G. will become item 8.C. Maddy moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of March 27, 2023 B. City Council Regular Meeting Minutes of March 27, 2023 C. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 2 of 10 D. Approve Public Works Seasonal Hire E. Approve Multiple Dock Licenses Location: 23500 Smithtown Road Applicant: Minnetonka Marina F. Accept Resignation of Part-Time Administrative Assistant Miechelle Norman and Approve Recruitment ( moved to New Business item 8.B.) G. Approve Contractor Agreement with Erica Heinrichs, Daily Wellness Tai Chi (Moved to New Business item 8.C.) Motion passed. 3. MATTERS FROM THE FLOOR 4. REPORTS AND PRESENTATIONS A. Oktoberfest Presentation by Excelsior Morning Rotary and Shorewood Parks/Rec Director Pam Langseth, President of Excelsior Morning Rotary, introduced other area residents of the Excelsior Morning Rotary that were present tonight. She shared some background information on the Excelsior Rotary Club and activities and noted that they have been around for twenty- seven years. Tom Nichol, Excelsior Morning Rotary, shared details of their concert series and Oktoberfest. He stated that they have a great relationship with the City of Excelsior and would like to engage more with the City of Shorewood and the other south lake cities and bring events that are meaningful and in the cities. He stated that local community focus is a big deal for them and explained that they do not hold events in order to bring in people from Minneapolis or other areas outside of the south lake community. Park and Recreation Director Crossfield shared her vision board ideas for stations, events, and games that could be done in conjunction with Oktoberfest. Councilmember Callies asked about staffing at Badger Park for Oktoberfest. Park and Recreation Director Crossfield stated that the Excelsior Rotary has offered some volunteers and noted that she was hoping to be able to do a lot of it in house as well as volunteers. Councilmember Callies stated that the Rotary Club is a great organization that has really hard working volunteers and are involved in quality projects. She stated that because of this she is confident that this will also be a quality project. She stated that she likes the partnership with the City and thanked staff for thinking of this and working on this type of partnership. Councilmember Sanschagrin asked what kind of support they were looking for from the City. Mr. Nichol stated that the early focus would be to ensure that they were able to obtain the parking that they need and then would like the City’s CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 3 of 10 support, ideas and feedback. He stated that he thinks it will be helpful after the event for them to get together and review what went well and what may be some opportunities to enhance the event in the future. Mayor Labadie asked if they had spoken with the SLMPD about patrolling the area and getting people safely across the intersection. Scott Gerlicher, Excelsior Rotary, stated that he has met with Police Chief Tholen. He explained that they will be working together on the event and shared details of their plans for public safety. Mayor Labadie asked if the inflatables and the adaptive equipment she had mentioned would be at Shorewood’s expense. Park and Recreation Director Crossfield stated that the inflatables would be at the City’s expense unless she would be able to obtain sponsorship. She stated that she believes she can get the adaptive recreation equipment from Three Rivers Park District as part of their outreach and engagement programs, but noted that if the City asked them to bring out something like a rock climbing wall, there may be a fee attached to that. She noted that she wanted to make sure the Council was in support of this before she reached out to them and noted that she is hopeful that they will be able to get some good sponsorship for this since it is such a great community event. Mayor Labadie asked about parking on site near City Hall. She noted that time of year historically there are activities like Little League Football and Lacrosse that use the park fairly as well as weddings. She asked if there was a rental request for the facility or a game/tournament scheduled whether the City would deny it based on the parking situation. Park and Recreation Director Crossfield stated that they are planning in advance for this situation. She stated that in other communities that she has worked in, City sponsored events and programs have taken priority for booking and explained that she had blocked off this date in the calendars for this event. There was consensus of the Council to support the Oktoberfest event. Mayor Labadie asked Park and Recreation Director Crossfield to keep the Council informed as the event planning progresses. 5. PARKS A. Amend Chapter 202 (Park Commission) – Adding Oversight of IPM Plan/Maintenance Planning Director Darling stated that the February 27, 2023 City Council retreat, the Council directed staff to assign the Park Commission as the reviewing body for the IPM. She stated that the proposed amendments are fairly general and consistent with the Park Commission’s other duties. Councilmember Sanschagrin asked if the City would be hiring the consultant and if so, would the Park Commission be directly interacting with them. Planning Director Darling stated that they are not hiring any additional staff to oversee this work plan and noted that they do have a consultant to help the City put the plans together. She stated CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 4 of 10 that any consultants that the City hired would report to staff and staff would bring the information to the Park Commission and City Council. City Administrator Nevinski noted that the City contracts with Davey Resources for tree services and it is possible that consultant may attend a Park Commissions meeting. Councilmember Callies confirmed that the City was not committed to continue with the IPM consultant as an ongoing position. Callies moved, Maddy seconded, Approving Ordinance 599, an Ordinance Approving an Amendment to Shorewood City Code Chapter 202, Related to the Powers and Duties of the Park Commission, and Adopting RESOLUTION NO. 23-035, “A Resolution Approving the Publication of Ordinance 599 Regarding City Code Ordinance Amendments Related to the Powers and Duties of the Park Commission.” Motion passed. 6. PLANNING A. Amend Chapter 1004 (Rental Housing Code) Regarding Flues and Woodburning Fireplaces Building Official Woodward, explained that the Rental Regulations in the City Code are different than what is included in the current Building Code regarding chimney flues and woodburning fireplaces. He shared examples of where they have run into problems for things like new high efficiency furnaces. He reviewed the staff recommendations for flues and woodburning fireplaces in the Rental Housing Code. Councilmember Maddy asked what Building Official Woodward would allow for a blocked or sealed requirement. He stated that he had mentioned a padlock in one of his examples and noted that he was a bit concerned about them just putting one on in order to avoid the inspection. He asked how permanent of a lock would be required. Building Official Woodward shares examples that he has seen used for locking fireplaces and noted that there are quite a few different ways that they can be blocked off. He noted that if the Council had a specific way that they would like them to be handled, he is welcome to entertain those ideas. He clarified that the renter would not have the key to any of the locks. He stated that it will be mentioned on the inspection report that it is a non-operational fireplace. He noted that there are some renters that pay to have their fireplaces lined because they want the fireplace. He stated that those fireplaces would be good for three years until the next rental inspection is required. He explained that the lock that is used is not a flimsy lock that could easily be taken off. Councilmember Sanschagrin asked if this code applied to all rentals in the City, including Airbnb’s. Building Official Woodward stated that he has not run into any of those because the City does not allow short term rentals. Planning Director Darling stated that the rental code does apply to all rental units with the exception where somebody buys a unit and they have a family member, such as parents or children, live in the unit. She explained that in that scenario, the City does not require rental licenses for families. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 5 of 10 Maddy moved, Johnson seconded, Approving Ordinance 598, An Ordinance Approving an Amendment to Shorewood City Cide Chapter 1004 Related to Rental Housing Regulations. All in favor, motion passed. Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-036, “A Resolution Approving the Publication of Ordinance 598 Regarding City Code Ordinance Amendments Related to the Rental Housing Regulations.” All in favor, motion passed. 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Therapeutic Massage Therapy License Ordinance City Clerk/HR Director Thone explained that Ordinance 600 is proposing to repeal and replace City Code Chapter 311 that pertains to Massage Therapy. She noted that the City had approved their first licensing code for therapeutic massage in 2001 and in 2012 that was repealed and replaced it with the current City Code. Thone explained there are no federal massage therapy requirements, and that Minnesota is one of four states that does not have state licensing requirements, therefore, licensing is left up to local jurisdictions completely. She explained that in 2022 the City started to see issues with applications and applicants. She stated that after further investigation, they ended up denying several applications because they did not meet the City’s requirements. She stated that after even further investigation they found that there was one of the massage schools that was shut down for human trafficking. She stated that as a result of this, many cities have updated their existing language and even brought licensing and enforcement to their police departments. She stated that staff decided that this was a good time to more closely examine the code and possible supply a more robust set of regulations for managing the City’s massage therapy licenses. Councilmember Sanschagrin asked what the basis was for the proposed ordinance and if it was based on another City’s language. City Attorney Shepherd explained that this proposed ordinance is based on another City that he had worked with in the past. Councilmember Callies asked if there was a distinction between the license and certification for the Personal Services License. She asked why the City would require that they had gone to college and referenced 2.C.1. as an example. City Attorney Shepherd noted that there are different options for how someone can get that certification, with a college degree being one of them, therapeutic massage training is another. He stated that he believes this provision is key to making sure that the City has the right individuals doing the personal professional services in the community. He stated that over the past few years, they have seen tightening of these types of codes for this reason. He explained that there have been people coming in that do not necessarily have the training necessary to do the type of massage that the City wants to license so making sure that there is some type of minimum standard for professional training is important. Councilmember Callies asked if they would need to be located in a business district in order to operate this business. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 6 of 10 Planning Director Darling stated that they would not have to and explained that the City has two massage therapists that operate out of their home. City Attorney Shepherd stated that the criteria for issuance is done on a case by case basis based on the assessment of the City Clerk and staff who enforce this ordinance. Councilmember Callies referenced Section 311.19 under exceptions to the licensing requirements. She asked what the logic would be in not requiring the business license in these situations. City Attorney Shepherd explained that the logic is to say that if it is just a small portion of the overall business is, they do not need a business license for it because it is not the focal point of their business, but the professionals who would do the massage within that business would still need to be personally licensed. City Clerk/HR Director Thone gave the example of chiropractors offering massage therapy but would not necessarily be licensed as a massage therapy business in the City, but the massage therapist would need to be licensed. Councilmember Maddy asked how many licensed massage businesses exist in the City currently. He asked if the City had spoken to them about how this change may effect their businesses. City Clerk/HR Director Thone stated that the City had spoken with several of them in the past six to nine months and believes that they had been finding the same thing and that the licensees expect that the regulations would change and get a little tighter. She stated that right now the City just has 3 massage therapy businesses. Councilmember Maddy asked if he was reading this correctly that the massage therapists operating out of their homes would be subject to these new requirements, but those operating a house call business would not. City Clerk/HR Director Thone stated that is correct because they would possibly be licensed with some other jurisdiction and would only apply if they were operating their business within the City. Callies moved, Johnson seconded, Approving Ordinance 600, An Ordinance Approving Amendments to Shorewood City Code Chapter 311 (Massage Licensing). All in favor, motion passed. Johnson moved, Maddy seconded, Adopting RESOLUTION NO. 23-037, “A Resolution Approving the Summary Publication for Ordinance 600 Amendments to Shorewood City Code, Chapter 311 (Massage Licensing).” All in favor, motion passed. B. Accept Resignation of Part-Time Administrative Assistant Miechelle Norman and Approve Recruitment (formerly Consent Agenda item 2.F.) Councilmember Callies stated that she believed the crux of this item has to do with the grade and pay range for this position. She stated that she thinks it is really a bigger issue than just Ms. Norman’s resignation. She stated that she felt that this was something that the Council should have more discussion about rather than just being a Consent Agenda item. She stated that the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 7 of 10 proposal is for this position to move to Grade 5 and asked how the pay scale was decided upon within the grade levels. City Clerk/HR Director Thone explained that staff is proposing, as they contemplate each hire, they review the position description and the current salary grade and pay range. She stated that they believe many positions are not quite at market, including this position. She stated that it has not been reviewed for quite a while and referenced the analysis of this position in other nearby communities as compared to the City’s current compensation range. Councilmember Callies asked when and how the chart with the various steps was developed. City Clerk/HR Director Thone explained that it was developed during the last compensation study the city had performed with George Gmach in 2016 which was implemented in 2017 and noted that most organizations perform compensation studies periodically or every 4-5 years for this reason. Councilmember Callies stated that her understanding was that the steps were supposed to be aligned, more or less, with their years of service. City Clerk/HR Director Thone agreed that it can be aligned with years of service and noted that the minimum is typically a starting range for the position depending on qualifications. She noted that there are several employees who have maxed out and are only receiving cost of living increases. She reviewed current staffing and their proposal to move their grade range and steps. Councilmember Callies stated that she thinks that a City like Bloomington, since they are much larger than Shorewood, would not be as applicable for salary comparison. City Administrator Nevinski stated that the they included the bigger cities like Bloomington and Minnetonka, so the Council could have kind of a book end for the various cities and noted that Deephaven, Excelsior, Little Canada, and Minnetrista are much more of a reflection of the City. Councilmember Callies stated that she was not sure what the impact would be of moving people to a different grade versus completing an actual compensation study. City Administrator Nevinski stated that the City needs to react to some of the things that are immediately in front of them and need to pay people, at market, in order to get qualified candidates. He stated that he agreed that it demonstrates the need for the City to take a look at this and do some thoughtful planning because it will have budget implications down the road. Callies moved, Maddy seconded, Accepting the Resignation of Part-Time Administrative Assistant Miechelle Norman and Approve Recruitment at Grade 5. All in favor, motion passed. C. Approve Contractor Agreement with Erica Heinrichs, Daily Wellness Tai Chi (formerly Consent Agenda item 2.G.) City Administrator Nevinski stated that unfortunately, the contract was not included in the Council packet. He stated that in order for the Council to approve the contract, staff would like them to see the actual contract and not just the staff memo. He explained that staff was proposing that this item be continued to the next meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 8 of 10 9. STAFF AND COUNCIL REPORTS A. Staff 1. Spring Clean-Up/Paper Shred Mayor Labadie noted that the Spring Clean-Up/Paper Shred event would be held on May 20, 2023 from 8:00 a.m. to 1:00 p.m. 2. Tree Sale Update Councilmember Sanschagrin asked how the City selects the trees that will be part of the annual Tree Sale. City Administrator Nevinski explained that staff would have to get back to the Council on an answer to that question but noted that he believed part of the thought was to provide a wide variety. 3. Water Infrastructure and Delivery City Engineer Budde explained that the next step in order to try to better understand the water quality that the City is producing and providing is to take some samples from the existing wells and conduct tests for iron and hardness. He stated that they will also test one downstream of the filtration that the City has at the southeast well. 4. Response to Matters from the Floor – Eureka Road Improvements City Engineer Budde stated that staff and the Council heard pretty loud and clear the opinion of the residents from the petition that was submitted. He explained that staff is planning to approach this by gathering basic information about the current conditions. He stated that they will not complete the surveys and wetland delineation until they have a more public meeting and get that feedback from residents. He stated that they are trying to be cognizant of what the residents concerns were with the project including the full scoping study. Councilmember Callies asked what staff will not do now that they had originally been planning to do. City Engineer Budde explained that normally they would go out and do a full topographic survey of the area, wetland delineations, and a tree inventory. He stated that if this project were to be changed to become just a mill and overlay, those things would not be needed in that much depth. He stated that staff believes it is very important to have a public meeting on this project before any decisions are made. He noted that they would like to move the public meeting sooner than they had originally been planning. Councilmember Maddy stated that when this is looked at he would like to see estimated life cycle costs of mill and overlay versus full reconstruction so the Council can understand what this will cost over the next fifty years. 5. Response to Matters from the Floor – 24835 Yellowstone Subdivision CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 9 of 10 Planning Director Darling reviewed the concerns raised by Mr. Greenfield and her response. She noted that the variance criteria are somewhat subjective which means they are open to interpretation and Mr. Greenfield’s conclusions are different than the findings of the Planning Commission and the City Council in this instance. Other Public Works Director Morreim stated that the snow has begun to melt so the Public Works Department will be spending time fixing mailboxes, patching potholes, and responding to drainage issues. He stated that he is hoping that the City gets their sweeper back later this week and can begin sweeping next week. He stated that Badger Park opened up today and noted that they closed the parking lots at Freeman Park today because the snow melt has made things rather muddy. He stated that they are planning to try to spread out some of the larger piles of snow in order to speed up the process of things drying out. Councilmember Sanschagrin asked how long it will take for Public Works to fill all the potholes. Public Works Director Morreim stated that they have already begun that work, but he hopes they will have it completed within the next few weeks. City Engineer Budde stated that on Strawberry Lane, the small utilities continue to relocate their facilities. He explained that they are waiting for road restrictions to come off and then a lot more action will be able to happen in that area. Planning Director Darling stated that the Park Commission meeting scheduled for April 11, 2023 has been cancelled. She noted that the Mill Street Trail pop-up event will be held April 11, 2023 at Excelsior Elementary will be held from 5:30 to 7:30 p.m. She stated that there will be an Open House at St. John’s Catholic Church and School on April 20, 2023 from 5:00 to 7:00 p.m., but noted that she was not sure what the difference was between the ‘pop-up’ event and an open house and noted that she believes that they will be presenting the same information. City Attorney Shepherd updated the Council on the Strawberry Lane project and the eminent domain proceedings for one parcel that the City needs easements for that they were not able to negotiate. He stated that as of January, the City received an appraisal, presented a settlement offer based on that information, but have not received a reasonable counteroffer, so they are proceeding through the eminent domain process. City Administrator Nevinski stated that there is an Open House scheduled for April 17, 2023 from 4:30 to 6:30 p.m. on the City’s vegetative management practices. Mayor Labadie asked if a formal presentation would be made or if would truly be a rolling event. City Administrator Nevinski explained that it will be a rolling event and no formal presentation would be made. B. Mayor and City Council Councilmember Callies noted that she thought the latest Shore Report was really great and commended Communications Coordinator Wilson for his work. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 10, 2023 Page 10 of 10 Mayor Labadie attended the Regional Council of Mayors meeting in Minneapolis earlier today where they discussed public safety. 10. ADJOURN Sanschagrin moved, Johnson seconded, Adjourning the City Council Regular Meeting of April 10, 2023, at 8:37 P.M. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: 2023 Retail Liquor License Renewals 2D Meeting Date: Monday, April 24, 2023 Prepared by: Brenda Pricco, Deputy City Clerk Reviewed by: Sandie Thone, City Clerk/HR Director Attachments: Resolution Background: Approval of 2023 Retail Liquor License Renewals: Shorewood City Code Chapter 401, Liquor Regulations provides for consideration of licensing establishments to sell on and off-sale liquor in the city limits. The following establishments are requesting council consideration in renewing their existing liquor licenses which expire on May 31, 2023: 1) Shorewood 2001 L.L.C, 23800 State Highway 7 Off-Sale/3.2% dba Cub Foods Shorewood, MN 55331 2) American Legion 259 24450 Smithtown Road Club On-Sale dba Clarence Clofer Post Shorewood, MN 55331 Sunday 3) Wine & Spirits by JD Inc 5660 County Rd 19 Off-Sale dba MGM Wine & Spirits Shorewood, MN 55331 4) Shorewood Liquor Inc. 23670 State Hwy 7 Off-Sale dba Shorewood Liquor Shorewood, MN 55331 5) NGBS Inc. 19905 State Hwy 7 Off-Sale dba Jim’s Liquor Shorewood, MN 55331 The licensees have submitted all the required documentation, met the insurance liability requirements, have successfully passed a background investigation through South Lake Minnetonka Police Department (SLMPD), submitted the required licensing fees, and met the State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement requirements as well, apart from waiting on Shorewood Liquor’s certificate of insurance due to remodeling. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Financial or Budget Considerations: Licensing fees as set forth in the City’s fee schedule for liquor licenses have been collected. Action Requested: Staff respectfully recommends the city council approve liquor license renewals effective June 1, 2023 through May 31, 2024 for the above delineated establishments in the city limits. Motion, second, and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-038 A RESOLUTION APPROVING 2023 RETAIL LIQUOR LICENSE RENEWALS WHEREAS, Shorewood City Code, Chapter 401 provides that no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit; and WHEREAS, in addition to the requirements set forth by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, Shorewood City Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill insurance coverage requirements and complete a successful background investigation; and WHEREAS, the following applicants successfully completed the application process, satisfying the requirements as delineated above for the issuance of liquor licenses issued for the period of one year, or that portion thereof, from June 1, 2023 to May 31, 2024, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the following licenses issued to the applicants as follows are approved: Applicant Address License_______ Shorewood 2001 L.L.C, 23800 State Highway 7 Off-Sale/3.2% Malt Liquor dba Cub Foods Shorewood, MN 55331 American Legion 259 24450 Smithtown Road Club On-Sale dba Clarence Clofer Post Shorewood, MN 55331 Sunday Sales Wine & Spirits by JD Inc 5660 County Rd 19 Off-Sale dba MGM Wine & Spirits Shorewood, MN 55331 Shorewood Liquor Inc. 23670 State Hwy 7 Off-Sale dba Shorewood Liquor Shorewood, MN 55331 NGBS Inc. 19905 State Hwy 7 Off-Sale dba Jim’s Liquor Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of April 2023. _______________________________ Jennifer Labadie, Mayor Attest: ______________________________ Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Concessions Agreement Summer 2023 2E Meeting Date: Monday, April 24, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Mark Nevinski, City Administrator Attachments: Concessions Agreement Background: The concessionaire that previously operated out of Eddy Station is no longer able to continue providing concessions at the park. For concessions operations in 2023, Park Commissioners requested and reviewed information about the following options: • An athletic association (Tonka United) operating the concessions • City stocking the concessions and promoting opportunities for community organizations to operate concessions • Promoting opportunities for food trucks to operate at Freeman during scheduled game times The Park Commission recommended moving forward with an agreement for the Tonka United Athletic Association to operate the concessions at a fee of $500 per season. Attached is the agreement between City of Shorewood and Tonka United to operate concessions. Financial or Budget Considerations: A one-time cleaning fee from a contracted cleaner will be entailed, the total is to be determined. Action Requested: Staff respectfully recommends the City Council approve the concessions agreement. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, 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 Council Meeting Item Item Title/Subject: Contractor Agreement with Erica Heinrichs 2F Meeting Date: Monday, April 24, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Mark Nevinski, City Administrator Attachments: Parks and Recreation Independent Contractor Agreement Background: Erica Heinrichs is a Certified Instructor and Senior Trainer of Tai Chi for Health Programs. Shorewood Parks and Recreation is excited to offer Tai Chi programming for the community as Tai Chi has many health benefits. Tai Chi is a great fitness option for a wide range of participants as the slow and gentle moving meditation addresses muscles strength, flexibility, balance and promotes mental health. Tai Chi also has some aerobic benefits. Financial or Budget Considerations: Instructor fees will be covered by registration fees. Action Requested: Staff respectfully recommends the City Council approve the independent contractor agreement. Approval of the agreement includes any future addenda executed between the contractor and Parks and Recreation Director through 2023. Addenda outlines program logistics such as location, dates, times, program fees and no class days, and program description. 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 Parks and Recreation Independent Contractor Agreement Parties and Terms This Contractor Agreement (Agreement) dated ____________________, 2023 is by and between the City of Shorewood (City) and __________________________________________ (Contractor). This Agreement is in effect from ______________________ until ________________________. I. Services to be Performed The Contractor will perform the services outlined in the addendum to this Agreement and any future addenda executed between the Contractor and the Parks and Recreations Director. By signing the addendum and any future addenda, the Contractor agrees to the terms indicated including dates, times and payment agreement, as if fully incorporated herein. II. Independent Contractor This Agreement shall not render the Contractor an employee, partner, or agent of the City for any purpose. The Contractor is and will remain an independent Contractor in (his/her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employment benefits of any kind. The Contractor will be responsible for the hiring, training, supervision, and conduct of any staff utilized in the above-listed services. All staff, working directly with children, are subject to background checks. All background checks must be completed prior to the start of the above-listed services. Proof that background checks are conducted by the Contractor must be provided to the City in the form of an official letter. The Contractor will determine the method, details and means of performing the services outlined. III. Services Provided by the Contractor It is understood that the Contractor is experienced and trained to provide the services listed in the addendum and that the City requires such services. Therefore, it is hereby agreed that the Contractor will provide the following services. 1. Supplies: Any necessary supplies will be supplied by the Contractor. 2. Equipment: Any necessary equipment will be supplied by the Contractor. 3. American Disabilities Act (ADA): The City is mandated by law to provide reasonable accommodations for people with disabilities which include contracted recreation services. Contractors are expected to work with the City in order to provide for reasonable accommodations. 03/21/2023 Page 1 of 7 225664v2 IV. Services Provided by the City It is understood that the City will provide the following services to facilitate and support the contracted services listed above. 1. Promotion: The City will promote the above-listed services in Shorewood publications and by any other means deemed necessary. 2. Facility Use: The City will provide and maintain an appropriate space for the activities and arrange for its use at no cost to the Contractor. 3. Registration/Refunds: The City will be responsible for participant registration and fee collection for the above-listed services. Participant withdrawals: Participant withdrawals made seven (7) days prior to the start of the above-listed services will receive a full refund. After that time, no refunds will be provided except for withdrawals made due to illnesses/injury, with a doctor’s note, unless agreed upon by both the City and the Contractor. The City will not pay the Contractor for refund requests granted due to unsatisfactory services provided by the Contractor. The City will be responsible for providing a participant list to the Contractor, one (1) week prior to the start date of the above-listed services. All participant lists will remain the property of the City. 4. ADA/Inclusion: The City will provide the Contractor with information on any participant with special needs and will work with the Contractor to make any necessary accommodations that are reasonable. V. Compensation The City will pay the Contractor a portion of the net program revenue (specified in the addendum). Upon the successful completion of the specified services, the Contractor shall bill the City for services provided. VI. Business Expenses Any expenses incurred by the Contractor pursuant to providing the services including, but not limited to, travel and phone expenses are the sole responsibility of the Contractor. VII. Insurance The Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: 1. General Liability: The Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as an additional insured. 2. Automobile Liability: If the Contractor operates a motor vehicle in performing the services under this Agreement, the Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit. 03/21/2023 Page 2 of 7 225664v2 3. Workers’ Compensation: The Contractor agrees to provide workers’ compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also carry employer’s liability coverage with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor shall, prior to commencing the services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. All policies of insurance shall provide that the insurance company will notify the City at least thirty (30) days prior to the effective date of any policy cancellation, modification, or non-renewal prior to the date on which the Contractor, or its consultants, commences performance of its part of the work, evidence of coverage is to be provided to the City. The City may direct that copies of the actual insurance policies, or renewals or replacements thereof, be submitted to the City. VIII. Property Damage Waiver The Contractor waives all its rights against the City for damages covered by property insurance. The Contractor shall require a similar waiver from all its consultants. The Contractor waives all of its rights of recovery against the City because of deductible clauses in, or inadequacy of limits in, any policies of insurance that are in any way related to the work and that are secured and maintained by the Contractor. The Contractor waives any of its rights of recovery against the City because of a lack of insurance coverage. The Contractor shall require similar waivers from all of its consultants. The Contractor shall waive all of its rights of recovery against the City for loss or damage to any of its equipment, machinery, tools or property that is used in connection with this Agreement. The Contractor shall require a similar waiver from all its consultants. IX. Indemnification To the fullest extent permitted by law, the Contractor agrees to defend, indemnify, and hold- harmless the City and its employees, officials, and agents from and against all claims, actions, damages, losses, and expenses, including reasonable attorney fees, arising out of the Contractor’s negligence or the Contractor’s performance or failure to perform its obligations under this Agreement. The Contractor’s indemnification obligation shall apply to the Contractor’s subcontractor(s), or anyone directly or indirectly employed or hired by the Contractor, or anyone for whose acts the Contractor may be liable. The Contractor agrees this indemnity obligation shall survive the completion or termination of this Agreement. 03/21/2023 Page 3 of 7 225664v2 X. Compliance with Statutes The Contractor shall abide by all applicable state and federal laws, rules and regulations that govern City activities and the activities provided for in this Agreement, including but not limited to the Data Practices Act, records retention guidelines, non-discrimination and disability accommodation laws and guidelines, and Minn. Stat. § 121A.38 (concussion procedures). XI. Government Data/Privacy Contractor agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, HIPAA requirements, and all other applicable state or federal rules, regulations, or orders pertaining to data privacy or confidentiality. The Contractor understands that all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing those functions that the City would perform is subject to the requirements of Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of the Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. In the event the Contractor receives a formal request to release data pursuant to the Minnesota Government Data Practices Act, the Engineer will immediately notify the City. The City will give Contractor instructions concerning the release of data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this section shall survive the cancellation and termination of this Agreement. XII. Audits Pursuant to Minnesota Statutes, § 16C.05, Subdivision 5, the Contractor agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City, and involve transactions relating to this Agreement. The Contractor agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. XIII. Governing Law The laws of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in and under those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. XIV. Program Termination If a contracted program fails to meet the required minimum number of participants set by the Contractor and the City, the service may be cancelled at no penalty to either the Contractor or the City. XV. Contract Termination, Cancellation and Default Either party to this Agreement may terminate this Agreement upon thirty (30) days written notice, except that if the Contractor fails to fulfill its obligations under this Agreement in a proper and timely manner, or otherwise violates the terms of this Agreement, the City shall have the right to immediately suspend the 03/21/2023 Page 4 of 7 225664v2 contracted services and to then terminate this Agreement, if the Contractor has not cured the default upon ten (10) days written notice. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. XVI. Third Parties This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary. XVII. Modification or Amendment No amendment, change or modification of this Agreement shall be valid unless in writing and signed by the parties hereto. XVIII. Entire Understanding This Agreement and any exhibit/addendum attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings and representations are hereby terminated and cancelled in their entirety and are of no further force and effect. XVIX. Unenforceability of Provisions If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall remain in full force and effect. XX. Service Suspension and Cancellation 1. If a contracted service fails to meet the required minimum number of participants, the service will be cancelled at no penalty to either the Contractor or the City. 2. Severe weather policy: in the event of severe weather, the City and the Contractor will make a determination on whether or not to cancel the above-listed services for that day. If the above-listed services are cancelled, a refund will be provided to the participants or a makeup date will be scheduled. If a refund is provided, contract fees will be adjusted accordingly. 3. If at any time the actions of the Contractor and/or their staff compromise the physical, mental or emotional safety of a participant, the City shall have the right to immediately suspend services until the issue has been resolved or the contract terminated (see Termination and Default section of the Independent Contractor Agreement). XXI. Offsite Programs The Contractor agrees to provide the City with a copy of a Certificate of Liability Insurance for services offered off of City property. The City must be listed as an additional insured. 03/21/2023 Page 5 of 7 225664v2 XXII. Service/Program Addendum A service or program addendum, as contemplated in Section I, will be sent and approved by the City for each service or program indicating service details including class schedule and pay arrangement. The Contractor agrees to review, sign and return the addendum before services are provided. I N WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. City of Shorewood Contractor: _____________________________________ \[Name of Contractor\] By: ________________________________ By ______________________________ ____________________________ ____________________________ \[print name\] Its Mayor Its _________________________ \[title\] By________________________________ ____________________________ Its City Clerk 03/21/2023 Page 6 of 7 225664v2 Service Addendum \[Insert Details of Program or Service including dates/times, payment details, program details, and location\] City of Shorewood Contractor: _____________________________________ \[Name of Contractor\] By: ________________________________ By ______________________________ ____________________________ ____________________________ \[print name\] Its Parks and Recreation Director Its _________________________ \[title\] Signed: _______________________, 2023. Signed: _______________________, 2023. 03/21/2023 Page 7 of 7 225664v2 Services Agreement This Services Agreement , is entered into this ______ day of _______ 2023 by and between the Christmas Lake Homeowners Association, an IRS Sec.501(c)(3) entity , and Waterfront Restoration, LLC, a Minnesota limited liability corporation with its principal place of business in Long Lake, MN . 1. Agreement to provide Services CLHA is a homeowners association representing the lakeshore owners on Christmas Lake in Hennepin and Carver Counties, Minnesota. CLHA agrees to retain Waterfront, and Waterfront agrees to provide, the Services (as defined below) on the terms and conditions in this Agreement. CHLA is retaining Waterfront to provide the Services in order to reduce the chance that zebra mussels or other aquatic invasive species (AIS) are introduced into Christmas Lake through the launching of watercraft and trailers into Christmas Lake. 2. The Services Waterfront A. Provide an Inspector (as defined below) at the Location daily from and including April 1, 2023, or as soon as possible after DNR training dates allow (or, if the Location remains closed to the launching of watercraft on April 1, then the first day that the Location is open for the launching of watercraft) through October 31, 2023. Inspectors will be present and performing Services at the Location during the following hours: April 1 to April 30: Less than 400 hours total, 6 a.m. to 8 p.m. or as inspector availability allows May 1 to August 15: 6 a.m. to 9 p.m. August 16 to September 15: 6 a.m. to 7:30 p.m. September 16 to October 15: 7:00 a.m. to 7:00 p.m. October 16 to October 31: 7:30 a.m. to 6:30 p.m. B. -called the inspection of water- earliest opportunity, each Waterfront employee performing services at the Location will hold a so- inspection and thermal decontamination of water-related equipment for, among other things, aquatic invasive Detailed responsibilities related to Services are listed in Exhibit A AIS Inspection Services Responsibilities and Exhibit B - 3. Price and Payment A. CLHA will pay Waterfront on a tiered hourly scale which will be dependent on the total amount of hours worked by Waterfront for the season (see table in 3.A.a below) or Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 shall refer to the hours inspectors are on-site and on-duty at the boat launch. All level 1 and level 2 training costs are included in the defined hourly rates and will not be billed separately. Waterfront and CLHA will agree to a target for total hours of planned work for the season and that will define the tier level and hourly rate for billing. Should the actual hours worked for the season fall in a different tier, the final invoice provided to CLHA will reflect the new hourly rate based on the actual tier level and all previous charges will be adjusted accordingly. Tier Level Hourly Rate Hours-Bottom of Hours-Top of Tier Total Cost Tier Threshold Threshold (Range) Tier 1 $28.85 3,000 3,199 $86,550- $92,291 Tier 2 $29.16 2,800 2,999 $81,648- $87,451 Tier 3 $29.52 2,600 2,799 $76,752- $82,626 Tier 4 $29.93 2,400 2,599 $71,832- $77,778 a. table: b. Threshold for Tier 1, Waterfront will provide a quote to CLHA which specifies the hourly rate and total cost charged for hours worked. *For illustration purposes only: assume Waterfront and CLHA set the target rate at 2,900 hours for the season. Waterfront will invoice based on Should Waterfront inspectors actually work between 3,000 and 3,199 hours during the term of thfor the contract would be revised to the hourly rate defined by Tier 1. As part of the final invoice, Waterfront would reduce the hourly rate for all hours worked during the season from the Tier 2 hourly rate to the Tier 1 hourly rate. B. CLHA will make payments monthly, in advance, based upon the expected number of hours to be worked in the after receipt of an invoice from Waterfront for the expected payment for the next succeeding month, but in no during which Services are performed Waterfront will provide CLHA with a summary of the actual hours worked during the relevant month. In the event the actual number of hours worked during any month exceeds the Expected Hours, Waterfront will invoice CLHA for the additional hours. In the event the actual number of hours worked is less than the Expected Hours, Waterfront will issue to CLHA a credit note for the excess hours. At the - will be either paid by the party owed the funds or credited to amounts they may owe in the next succeeding month or otherwise owe under this Agreement. C. Waterfront is responsible for payment to each Inspector as well as all of its other costs and expenses related to providing the Services except as specifically stated in this Agreement or separately agreed in writing with CLHA. Without limiting the generality of the preceding sentence, Waterfront is responsible for payment of all related insurance costs, recruiting costs, and any employee benefit costs. CLHA will not pay any overtime unless specifically agreed in writing in advance. Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 4. Term and Termination A. This Agreement commences on April 1, 2023 2023 B. Notwithstanding section 4.A, CLHA may terminate this Agreement prior to the Termination Date in the event the Location is closed or the launching of watercraft is substantially impaired as a result of (1) an order of the DNR, Hennepin County, the City of Shorewood, the City of Chanhassen, the Minnehaha Creek Watershed District, or any other governmental authority having jurisdiction over Christmas Lake and the closure is either stated by the closing authority to continue past October 31, 2023, or continues for more than 14 consecutive days and at the end of the 14 consecutive days, in the reasonable view of CLHA, there is no reasonable expectation that the Location will re-open to the launching of watercraft in the then foreseeable future, or (2) the early arrival of winter-like conditions Termination Event occurs, then CLHA has the right to terminate this Agreement upon written notice to Waterfront. If CLHA terminates this Agreement following an Early Termination Event, then CLHA will reimburse Waterfront for its costs and expenses related to the Services that are continuing and unavoidable following the early termination. These unavoidable costs and expenses will not include any lost profits. C. In addition to the Early Termination Events in section 4.A above, either party may terminate this Agreement at any time and for any reason or no reason by giving the other party 30 days prior written notice of the termination to the other party. In the event of early termination by notice Waterfront is entitled to payment for the Services performed up through the termination date. D. Upon termination under this section 4 Waterfront will promptly deliver to CLHA all tablets used to log activities at the Location as well as any other CLHA equipment used to perform the Services. E. Sections 3, 4, and 6 through 10, and any other right or obligation of either party, which by its nature should survive termination of this Agreement, will survive the termination of this Agreement. 5. Insurance Waterfront agrees at all times during the term of this Agreement to have and keep or cause to have and be kept in force the following insurance coverage: A. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $2,000,000 Personal Injury $2,000,000 Each Occurrence (Combined Bodily Injury & $2,000,000 Property Damage) B. Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 n Statutory Employers Liability (Bodily Injury By): Accident- Each Accident $500,000 Disease- Policy Limit $500,000 Disease- Each Employee $500,000 C. Automobile Liability - Combined single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,000,000 The insurance must be maintained continuously during the term of this Agreement. Waterfront will provide a copy of the certificate of insurance evidencing the above coverage, and naming CLHA as an additional insured. Waterfront will require its insurer(s) to waive all rights of subrogation against CLHA and its insurer(s). 6. Authority for Inspections Waterfront understands that CLHA long- term quality of the waters of Christmas Lake. CLHA is not part of any state, county, city or other government authority and therefore does not have the authority of any unit of government. The authority for the inspection Services provided under this Agreement is the authority given to local government units under Minnesota Statute 84D.105, Subdivision 2, and in case of Christmas Lake, the authority given under this law to the City of Shorewood (which owns and controls the Christmas Lake public landing). CLHA has agreed with the City of Shorewood to arrange and pay for the inspection Services at Christmas Lake with Waterfront, and the City of Shorewood signs onto this Agreement below solely for showing its consent to the Services being provided at the Christmas Lake public landing by Waterfront under this Agreement for the 2023 boating season. The City of Shorewood assumes no obligations under this Agreement and Waterfront and CLHA acknowledge that there can be no liability of the City under this Agreement. To the fullest extent permitted by law, Waterfront and CLHA agrees to defend, indemnify, and hold harmless the City and its employees, officials, and agents from and against all claims, actions, damages, their respective obligations under this Agreement. 7. Independent Contractor Waterfront, in providing the Services, is acting as an independent contractor and not as an employee or agent of CLHA. Waterfront controls the conditions, time, details and means by which it performs the Services. CLHA has the right to inspect the work of Waterfront or any of its Inspectors for the purpose of determining whether the work is completed in a manner consistent with this Agreement. 8. Governing Law This Agreement shall be interpreted under and controlled by the laws of the State of Minnesota, and all disputes arising under this Agreement shall be resolved before the state or county courts in Hennepin County, Minnesota. 9. Notices Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 Any notice, request, demand or other communication required under of this Agreement must be sent either by U.S. mail, postage prepaid, or by email, to the addresses below. When sent by U.S. mail, the message will be deemed rd received on the 3 day after its postmark date. When sent by email the message will be deemed received on the day it is sent provided it is sent before 5:00 pm. If an email is sent after 5:00 pm it will be deemed received on the next Business Day. Any message, which is received on a non-Business Day, will be deemed to be received on the City of Minneapolis of generally closed to business. Notices to CLHA should be sent to: Christmas Lake Homeowners Association Attn: Joe Shneider 21125 Christmas Lane Shorewood, MN 55331 Telephone: 612-209-2075 Email: jshneider@icloud.com Notices to Waterfront should be sent to: Waterfront Restoration, LLC Attn: Tom Suerth P.O. Box 783 Long Lake, MN 55356 Telephone: (952) 356-0614 Email: tom@waterfrontrestoration.com 10. General A. Any amendment to this Agreement must be in writing and signed by both the Waterfront and CLHA. B. This Agreement, including and together with any related exhibits, constitutes the entire agreement of the Parties with respect to its subject matter, and supersedes all prior understandings and agreements, written or oral. C. No waiver by any party will be effective unless explicitly made in writing and signed by the waiving party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement will operate or be construed as a waiver, nor will any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise or the exercise of any other right, remedy, power or privilege. D. This Agreement is binding on and inures to the benefit of the parties to this Agreement, and to their respective successors and permitted assigns. IN WITNESS THEREOF, the parties have caused this Services Agreement to be duly executed intending to be bound thereby. Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 Waterfront Restoration, LLC Todd T. Erickson, PresidentThomas R.Suerth, President NameTitleNameTitle 15!0!2:!0!3134 15!0!2:!0!3134 __________________________________________________________________ SignatureDateSignatureDate City of Shorewood(signing for the limited purpose statedin section 6above) ________________________________ By: City Administrator Date:________________, 2023 Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 Exhibit A - AIS Inspection Services Responsibilities Note: All capitalized terms in this Appendix have the meaning given them in the Agreement. Inspector Responsibilities: 1. Perform public education and water-related equipment inspection duties. A. Effectively inspect and thermally decontaminate incoming and outgoing water-related equipment for ecologically harmful AIS and aquatic vegetation consistent with the DNR standards for AIS inspections by Level 1 inspectors for equipment that is not being thermally decontaminated, or standards for Level 2 inspectors for equipment that is being thermally decontaminated. Only Level 2 qualified Inspectors will perform thermal decontamination. B. Thermally decontaminate incoming water-related equipment that is voluntarily presented for decontamination. C. Thermally decontaminate all other incoming and outgoing water-related equipment to the extent authorized by the DNR. D. Operate the vehicle gate during heavy traffic days consistent with the City of Shorewood Ordinance E. Note that incoming water-related equipment is the highest priority and outgoing water-related equipment is a lower priority. F. Communicate effectively the issues of AIS and other issues with recreational water-related equipment users and the public at large. G. Distribute AIS educational materials. H. As far as possible, keep the public access area weed and debris free 2. Provide timely and accurate paperwork and communication to CLHA. A. Accurately collect data necessary to evaluate: 1) the spread of AIS, 2) the effectiveness of AIS control measures, 3) the effects of public awareness, 4) the response of recreational water-related equipment users to this project, and 5) and other pertinent research information. B. Accurately record, document, and process necessary administrative and field paperwork. C. Forward the public technical inquiries to CLHA when required by this Agreement or as appropriate. D. Communicate effectively with CLHA regarding new AIS infestations and developments in the field of controlling AIS. 3. Follow water-related equipment inspection policies, responsibilities, and procedures as established for DNR Level 1 AIS inspectors or, for Inspectors performing thermal decontamination, DNR Level 2 AIS Inspectors. 4. Perform other duties assigned by the Waterfront supervisor that are not inconsistent with the Services provided under this Agreement. Knowledge, Skills, And Abilities Requirements For Inspectors: 1. Possess a high school degree or GED. 2. Certified as a DNR Level 1 and/or Level 2 AIS inspector. 3. Good physical health, with the capability of bending, climbing and lifting moderate weight no heavier than 20 lbs. Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 4. Ability to work and verbally communicate professionally and effectively with the general public. 5. Ability to work independently on assigned tasks, yet work as a team. Inspector Staffing 1. 3 to 10 Inspectors (can be a combination of full-time and part-time) to cover average of 2 shifts per day, 7 days per week, including weekends and holidays. 2. On-call backup inspectors to be available for every shift. These may be a combination of inspector staff that are off-duty but paid on-call, and Waterfront employees whose primary role is a dive technician, but are trained as an Inspector in the event they are needed to cover a full or partial shift. Technology/Software 1. Waterfront will provide mobile time-clocking software that includes GPS verification. The data collected by this software will be available for review by representatives of CLHA and Waterfront supervisory staff and management. 2. Inspectors will have available for their use a smartphone, whether their own phone or provided by Waterfront. Monthly Performance & Compliance Report Waterfront will provide CLHA with a report monthly (promptly after the end of each calendar month) showing the number and percentage of inspection hours required by the Agreement where inspector was not at the Location. Inspector Equipment to be provided by CLHA 1. Tablet computers for inspection data input, with damage/replacement insurance and updated DNR software. 2. Thermal decontamination unit including containment pad(s) 3. Remote control for the vehicle gate 4. Other Supplies & Equipment- to be provided at CLHA discretion: First Aid Kit Crescent wrench Extension mirrors Flashlights Magnifying glass Copies of the Authorization Form for Transport of Prohibited Invasive Species and Aquatic Plants Copy of the City of Shorewood AIS Inspection Ordinance Services Outside of Scope Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 1. Any Services provided by Waterfront which are outside of scope will be separately agreed in writing between Waterfront and CLHA 2. Rates for services which are outside of scope a. Inspectors: At the hourly rate specified in the Services Agreement Section 3. Price and Payment, plus Materials b. Supervisors: $40/hour plus materials. It is expected that a supervisor will accompany an Inspector for most services that are outside of scope. 3. Examples: a. If Inspection Protocol requires significant training over and above what the DNR Provides b. If additional training of inspectors is desired to improve inspection and/or decontamination protocol over and above the standard DNR training provided, and such training does not occur while inspectors are already on-clock on scheduled shift Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 Exhibit B - Christmas Lake Homeow for AIS Inspectors Primary goals 1. Consistency and rigor Completely inspecting every watercraft the same way, every time 2. Guarding the ramp (resting in your car is OK, but you must have your vehicle in front of the ramp so that no one gets in or out without being inspected). Christmas Lake Storage Boxes 1. Be sure to keep the storage boxes locked whenever an inspector is not on-site. 2. Essential contents include: a. Decontamination tools b. Personal protection equipment (gloves, waders, etc.) c. Spare tablet Site readiness 1. At the start of the morning shift, unfold the containment mats, retrieve the inspections tools from the storage box, and assemble the rolling mirror. 2. Handoff the tools to the next inspector before leaving. 3. At the end of the evening shift, fold the containment mats and stow all inspection tools in the storage box 4. Remember that there is a spare tablet in the storage box Failed inspections Note: You are not responsible to help boaters correct their AIS inspection failure points. Advise them, but do not do it for them nor help them. It is their personal responsibility to bring a clean, drained, and dry watercraft to the AIS inspection. Inclement weather (rain, lightning, thunder or snow) If desired, find a safe location in Excelsior, but be on-site if and when the weather improves during your shift. Abuse from Boaters For these and other examples of abusive boater behavior: 1. Call 911 for the Southlake Minnetonka Police 2. Report the incident to Waterfront and CLHA Miscellaneous: -960-7914 Epd!JE;!5b5fe:b8921gg32g54713d:63eg8fd12264dddc1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23- A RESOLUTION AUTHORIZING SIGNATURE ON A SERVICE AGREEMENT WITH THE CHRISTMAS LAKE HOMEOWNERS ASSOCIATION AND WATERFRONT RESTORATION, LLC TO PROVIDE AQUATIC INVASIVE SPECIES INSPECTIONS AT THE CHRISTMAS LAKE PUBLIC ACCESS WHEREAS, the City entered into a Delegation Agreement with the MN Department of Natural Resources in 2022, designating the City of Shorewood a Governmental Unit for the purpose of enhancing the States’ capacity to prevent the spread of aquatic invasive species (AIS) by enabling local governments to preform AIS inspections and manage access to water resources; and WHEREAS, the City and the Christmas Lake Home Owners Association (CLHOA) have a history of collaboration in maintaining access to Christmas Lake and limiting the spread of AIS on Christmas Lake; and WHEREAS, the City has previously signed service agreements with the CLHOA and Waterfront Restoration, LLC to provide Aquatic Invasive Species (AIS) inspection and the cleaning of water craft services to fulfill its obligations under the Delegation Agreement and desire to enter into a similar service agreement for 2023; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota that the Service Agreement attached to this resolution is hereby renewed as presented and authorizes the City Administer to sign on behalf of the City of Shorewood. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24 day of April, 2023. __________________________ Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Approve Permanent Appointment of Park/Recreation 2H Director Janelle Crossfield Meeting Date: April 24, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Attachments: None 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: On November 3, 2022, Janella Crossfield began her employment with the City of Shorewood as the Park and Recreation Director. During the past six months, Janelle has proved to be a valuable member of the Shorewood team of department directors and has made some significant contributions in her first six months of employment. Janelle has a great vision for the Park and Recreation Department and the Shorewood Community and Event Center, and has already begun making a positive impact in both of these areas. Janelle is professional and thoughtful, getting along well with the team. She displays the City’s core values of Respect, Integrity, Communication, Positive Attitude, Team Work, and Responsiveness in her work. Janelle has been fully successful in her work responsibilities and has met or exceeded many of the City’s expectations in her first six months of employment . Janelle is being recommended for permanent appointment in the capacity of Park/Recreation Director for the City of Shorewood. Financial Considerations: As delineated below. Action Requested: Staff respectfully recommends the city council approve Janelle Crossfield’s permanent appointment and that her exempt salary rate be advanced from Grade 11, Step F of the City’s 2023 Compensation Schedule of $86,112 to Grade 11, Step Max of $89,083 effective at the completion of her 6-month anniversary effective May 3, 2023, and upon approval of her permanent appointment based on her exemplary performance to date and her demonstration of the City’s desired core values and attributes. Motion, second and simple majority vote required. 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 Council Meeting Item Item Title/Subject: Approving Hire of Ethan Palm Community Center Attendant 2I Meeting Date: Monday, April 24, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Mark Nevinski, City Administrator Attachments: NA 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 Community Center Attendant Position. Ethan Palm was selected for the position based on his knowledge of City parks, previous employment with a local athletic association and senior living community as well as an enjoyment in interacting with people. Ethan is a resident of Shorewood and is finishing up his B.A. in History with a minor in Political Science. He is planning to pursue graduate studies. Financial or Budget Considerations: Staff is recommending Ethan’s compensation rate be set at Grade 1, Step B of Shorewood’s Compensation Plan of $14.33 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 Ethan Palm’s appointment as a probationary employee in the capacity of Community Center Attendant for the City of Shorewood. Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, 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 Council Meeting Item 2J Title/Subject: Accept Quotes and Award to Toppers & More MEETING TYPE Meeting Date: April 24, 2023 Regular Meeting Prepared by: Matt Morreim, Public Works Director Reviewed by: Marc Nevinski, City Administrator Attachments: Capital Improvement Plan Excerpt Toppers & More Quote Truck Mate Toppers Quote Background in Recommendation: The 2023 Capital Improvement Plan (CIP) water fund has an amount of $38,400 to replace the water van. After consideration of departmental fleet needs, public works recommends foregoing the purchase of a new vehicle to replace the water van and permanently assign an underutilized Ford F150 pickup to the utility crew. Capital funds are needed to make necessary improvements to the pickup for covered storage and tool and part organization. The city received two quotes (attached) for a truck bed topper and storage system. Financial or Budget Considerations: Adequate funding exists in the 2023 CIP – 601 Water Fund (item 077) in the amount of $38,400. The quote of $7,407 is below budget. Action Requested: Motion to approve the purchase of a truck bed topper and storage system in the amount of $7,407.00. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, 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 Council Meeting Item Item Title/Subject: Adopt Resolution Approving a Special Assessment 2K 6060 Strawberry Lane Meeting Date: April 24, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: Assessment Agreement Resolution Approving and Adopting a Special Assessment Background: To assist in managing the cost of connecting to City water, the City allows homeowners to request the water access charge (WAC) of $10,000 be specially assessed to their property and paid through property taxes through an assessment agreement. The owners of 6060 Strawberry Lane wish to enter into such an assessment agreement pursuant to Minnesota Statutes Chapter 429. The special assessment will be certified to taxes and will be payable in five annual installments beginning in 2024 at an interest rate of 5.0%. The assessment will run with the property and the owner may pay off the assessment balance at any time. The owners also wave any rights to appeal the assessment, and the agreement will be recorded against the property. Financial or Budget Considerations: Connecting to City water provides revenue which supports the City’s water utility fund. Action Requested: Motion to adopt the resolution approving and adopting a special assessment agreement for 6060 Strawberry Lane, Shorewood, Minnesota and authorizing the Mayor to sign the assessment agreement. 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 ASSESSMENT AGREEMENT th THIS AGREEMENT is made this 24 day of April , 2023, by and between the City of Shorewood (SHOREWOOD), a municipal corporation organized under the laws of the State of Minnesota, located at 5755 Country Club Road, Shorewood, MN 55331 and Strawberry Lane, LLC, 7455 France Ave s #351, Edina, MN 55435 (OWNER). RECITALS WHEREAS, the OWNER is the owner of the real property located at: 6060 Strawberry Lane, Shorewood, MN, 55331; PID: 32-117-23-34-0060, legally described as follows: That part of Lot 39 lying North of the South 257.55 feet thereof, that part of Lot 40 lying West of a line parallel with and 16.5 feet West of the East line thereof and North of the South 257.55 feet thereof; "Minnewashta". (“SUBJECT PROPERTY”) W HEREAS, the OWNER desires to connect to the municipal water supply; and, WHEREAS, the present Water Access Charge is $10,000; and WHEREAS, the OWNER requests that the full amount of the Water Access charge be assessed against the SUBJECT PROPERTY pursuant to Minn. Stat. Ch. 429. AGREEMENT NOW THEREFORE, pursuant to the mutual agreements provided herein, it is agreed by and between the CITY and the OWNER as follows: 1. The OWNER represents and warrants that he is the OWNER of the SUBJECT PROPERTY and that he has full legal authority to encumber the SUBJECT PROPERTY and that as of the date of the execution of this agreement, the OWNER has fee title to the SUBJECT PROPERTY subject only to the liens, interests or encumbrances of record. 225849v1 2. The OWNER understands and requests that the City levy the Water Access Charge assessed against the PROPERTY in the amount of $10,000.00 (“Assessment”). 3. The OWNER understands and agrees that SHOREWOOD will provide that the Assessment is payable in five (5) annual installments without deferment and will bear an interest rate of five (5.0) percent per annum. The Assessment shall be deemed adopted on the date this Agreement has been signed by all parties. The installments shall begin with taxes paid in 2024 and collected with the ad valorem taxes at the times due as determined by Hennepin County. 4. The OWNER agrees that the covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the OWNER and shall encumber the PROPERTY in accordance with the agreements described herein. 5. The OWNER its successors and assigns, waives any and all procedural and substantive objections to the Assessment including but not limited to public hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 6. The OWNER, its successors and assigns, hereby unconditionally releases and forever discharges the City, its elected officials, employees, agents and insurers from any and all claims and causes of action of whatever kind or nature that is in any way connected with the Assessment. This Agreement shall be binding upon Property Owner and its successors and assigns. This Agreement shall run with the land and may be recorded against the title to the Subject Property. \[Remainder of page is intentionally left blank. Signature pages follow.\] 225849v1 OWNER By: ______________________________________ Date: _________________________ By: ______________________________________ Date: _________________________ CITY OF SHOREWOOD By: ______________________________________ Date: _________________________ Its _____________________________ By: ______________________________________ Date: _________________________ Its _____________________________ STATE OF MINNESOTA ) ) SS: COUNTY OF HENNEPIN ) The foregoing ASSESSMENT AGREEMENT dated _________________________ was sworn and subscribed before me in person this ____ day of _________________, 20__ by ___________________ _______________________ and _______________________________. __________________________________ Notary Public STATE OF MINNESOTA ) ) SS: COUNTY OF HENNEPIN ) The foregoing ASSESSMENT AGREEMENT dated _________________________ was sworn and subscribed before me in person this ____ day of _________________, 20__ by Jennifer Labadie, Mayor, and by Sandie Thone, City Clerk of the City of Shorewood (a Minnesota Municipal Corporation), who are personally known to me, on behalf of the Corporation and pursuant to the authority of the City Council. ____________________________________ Notary Public 225849v1 CITY OF SHOREWOOD RESOLUTION NO. 23-040 A RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT WHEREAS, Strawberry Lane LLC, 7455 France Avenue South, #351, Edina, MN 55435, a Minnesota limited liability company, (“Owner”) has requested that the Shorewood City Council specially assess water access charges that affect Owners’ property at 6060 Strawberry Lane, Shorewood, Minnesota (PID 3211723340060) and legally described in Exhibit A attached hereto (“Subject Property”); and WHEREAS, the City has received the following signed Assessment Agreement, Exhibit B attached hereto, waiving all applicable assessment procedural requirements and requesting to be assessed for the water access charge in the amount itemized therein for the Subject Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The signed Assessment Agreement is hereby accepted and approved. 2. The water access charge amounting to $10,000.00 is hereby adopted and shall constitute a special assessment against the Subject Property and hereby made part of this Resolution by reference and that the tract of land therein included is hereby found to be benefited by the charge and connection to municipal water in the amount of the assessment levied against it. 3. Such assessment shall be payable in equal annual installments without deferment extending over a period of five (5) years, the first of the installments to be payable with taxes paid in 2024 and shall bear the interest rate of 5.0% per annum from the date of adoption of this assessment Resolution. 4. The Owners, at any time prior to certification of the assessment to the County Auditor, may pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and such owner may at any time thereafter, pay the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Owners may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made. 5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. 225851v1 th Adopted by the City Council of the City of Shorewood this __ day of April, 2023. ___________________________ Mayor Jennifer Labadie ATTEST ______________________________ Sandie Thone, City Clerk 225851v1 Exhibit A Legal Description That part of Lot 39 lying North of the South 257.55 feet thereof, that part of Lot 40 lying West of a line parallel with and 16.5 feet West of the East line thereof and North of the South 257.55 feet thereof; "Minnewashta". 225851v1 Exhibit B \[Assessment Agreement\] 225851v1 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, April 4, 2023 7:00 P.M. DRAFT MINUTES CALL TO ORDER Chair Eggenberger called the meeting to order at 7:00 P.M. ROLL CALL Present: Commissioners Eggenberger, Holker, Johnson, Huskins; Planning Director Darling; Planning Technician Carlson Absent: Commissioner Gorham, Council Liaison Maddy 1. APPROVAL OF AGENDA Holker/Huskins moved, Huskins/Holker seconded, approving the agenda for April 4, 2023, as presented. Motion passed 4/4. 2. APPROVAL OF MINUTES March 7, 2023 Commissioner Holker indicated that on page 2 of the minutes that she asked the question if the proposal had been formally presented to the City of Tonka Bay rather than stating that the proposal had not been formally presented. Staff indicated that they would make the change. Johnson/Holker moved, Holker/Johnson seconded, approving the Planning Commission Meeting Minutes of March 7, 2023, with the change indicated by Commissioner Holker. Motion passed 3/0/1. Commission Huskins abstained due to absence at the March 7, 2023 meeting. 3. MATTERS FROM THE FLOOR – NONE 4. PUBLIC HEARINGS Chair Eggenberger explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – Rezoning and PUD Concept Plan for a Twin Home Development Applicant: TSML Properties LLC Location: 24250 Smithtown Road CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 7, 2023 Page 2 of 4 Planning Director Darling summarized the request and the staff report for the application submitted by TSML Properties, LLC to rezone the property at 24250 Smithtown Road and for a PUD concept plan for 7 townhomes which would be individually owned. Darling explained that the concept plan does not meet the density requirements of the Comprehensive Plan. Commissioner Holker asked what the next step in the process would be if the Planning Commission decided to recommend approval. Planning Director Darling explained that if the application moves forward to the City Council and they find it should be approved, the applicant will need to come back for a PUD development plan and Preliminary Plat, a PUD final plat and Final Plat. Commissioner Huskins asked what role Planning Commission will have in subsequent steps of PUD process if we send a recommendation to proceed to City Council on the Concept Plan and they decide to approve to proceed. Director Darling replied that the Planning Commission will hold subsequent public hearings but that our highest degree of discretion was at the Rezoning/Concept stage. Todd Simning, applicant, explained the changes made from the first plan. One unit was removed from the plan, adding more space from the property line and the Public Works building. Commissioner Huskins asked what the listing price for each unit will be. Todd Simning stated that the unit will be listed for $1.1 to $1.2 million. He stated the units are intended for people that what to continue to live in Shorewood but are in a transitional phase in their life and want to live in a place with less maintenance. Commissioner Huskins stated he had concerns about the affordability of these homes as filling the need for the “transitional phase” home and the density of the development. Commissioner Huskins noted that in the last meeting it was said that it wouldn’t be feasible to remove one building and asked why it is now feasible. Todd Simning explained that he asked for his contract to be adjusted to make the project to be able to move forward and the interested parties agreed. Without that agreement the project could not have moved forward.. Commissioner Johnson asked what type of plants will be added to the site and how the type of trees were chosen. Todd Simning introduced Kevin Teppen, Civil Site Group, Engineer/Landscape Architect. Kevin Teppen, Civil Site Group explained the site will have a mixture of deciduous and coniferous trees and they have chosen “bullet-proof” trees that are able to withstand rot, infestation, and salt. Commissioner Johnson asked Mr. Teppen how fast the trees would grow. Mr. Teppen explained that the trees they have picked will grow between 18 inches and three feet per year. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 7, 2023 Page 3 of 4 Commissioner Johnson asked if the trees will be able to grow in the soil and whether they would be fenced in to protect them from deer. Mr. Teppen explained the type of soil on the site is silty and will be good for the trees that have been chosen for the site. He indicated that they would fence the trees if necessary to protect them from the deer. Chair Eggenberger stated concerns about Tonka Bay wanting to add units to the property on their side of the plan. Todd Simning stated they do not plan to add any more units because it wouldn’t work with the natural layout of the area. They do not want to build something that sticks out. Commissioner Johnson asked whether the developer had considered a different type of development with smaller units (less square footage) that would make the units more affordable and increase the density to the level set forth in the Comprehensive Plan. Mr. Simning replied that the only way to do that would be to build up and they do not want to build something that sticks out or something that is not desirable. A commissioner asked about the agreement for the privately-owned roadway and asked how this would work for maintenance purposes and if there were other roads handled this same way. Planning Director Darling explained that the utilities would be public and would require some sort of encroachment agreement because the HOA’s roadway will be over the top of the city’s utility lines. She stated that this is common for townhouse projects. Commission Johnson asked if the city has enough capacity for the sewer connection. Planning Director Darling confirmed there was adequate capacity in the sewer system and it would not be overburdened. Chair Eggenberger opened the Public Hearing noting the procedures used in a Public Hearing. There being no one who requested to speak, Chair Eggenberger closed the public hearing. Commissioner Holker stated that she was supportive of the project as the development was close to the density range and that being two units under the density range would not be noticeable. She also indicated that she felt the development fits in well with the neighborhood and a taller building with more units would not be appropriate on this higher property. Commissioner Huskins stated that he was not supportive of the project as he feels that the City should have a development on the property that better fits the density range and offers a product that is needed by the residents of Shorewood. He questioned whether or not the City should purchase the property to wait for a different development proposal that could better align with the Comprehensive Plan. Commissioner Johnson stated that although she was concerned about the development being below the density range and the price, she shared Commissioner Holder’s view that it was close to the density range and fit into the neighborhood better than products that could provide more density. Also, she reiterated her concern about losing the mature trees while acknowledging that the developer had a plan to introduce more trees that once grown, would add green space to the neighborhood. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 7, 2023 Page 4 of 4 Chair Eggenberger recommends if approved to have a contingency that the project must be approved by Tonka Bay as shown. Holker moved, Johnson seconded, recommending approval of the Rezoning and PUD Concept Plan for a townhouse development by TSML Properties, LLC, located at 24250 Smithtown Road subject to adding a contingency that the development must be approved by the City of Tonka Bay as shown. Motion passed 3/1. (Commissioner Huskins voted nay) Planning Director Darling stated that this item would come before the City Council at the April 24, 2023, meeting. A. REPORTS • Council Meeting Report th Planning Director Darling reported on matters and actions taken during the Council’s March 27 meeting. • Draft Next Meeting Agenda Planning Director Darling stated there were not any new development applications for the next meeting. She stated the plan will be to discuss the sign regulations at the next meeting. B. ADJOURNMENT Huskins moved, Holker seconded, adjourning the Planning Commission Meeting of April 4, 2023, at 8:10 P.M. Motion passed 4/0. Commissioner Eggenberger informed the Planning Commission that at the May Planning Commission meeting, he would resign as Chair. As a result, Commissioner Gorham (current Vice-Chair) will assume the position of Chair and a new election for Vice- Chair would need to be held. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-041 A RESOLUTION APROVING A REQUEST FOR AN EXTENSION TO CORRECT A CODE VIOLATION FOR PROPERTY LOCATED AT 25020 YELLOWSTONE TRAIL WHEREAS, the City of Shorewood sent a violation notice to David and Candace Rust (“Property Owners”) regarding a violation of City Code on their property addressed as 25020 Yellowstone Trail; and WHEREAS, the Property Owner has requested more time to correct the violation as allowed by chapter 104.03 subd. 2.a of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The Property Owner has indicated that they will remove all black vinyl fencing from the property as indicated in the letter. 2. The City Council finds that the time requested is not warranted based on the work necessary, but some extension may be acceptable. 3. The City Council hereby approves an extension to correct the violation to May 1, 2023, and directs staff to suspend the enforcement process as outlined in City Code Chapter 104.03 until that date. th Adopted by the City Council of Shorewood, Minnesota this 24 day of April, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-034 A RESOLUTION APPROVING A FINAL PLAT FOR MAPLE SHORES FOR PROPERTY LOCATED AT 20430 RADISSON ROAD AND FOUR ADJACENT VACANT PROPERTIES WHEREAS, Chamberlain Capital, LLC. (the "Applicant"), has submitted a request for a final plat of the Maple Shores PUD under the Shorewood City Code and under Chapter 462 of Minnesota Statutes; and WHEREAS, the property is legally described as: Lot 24, Radisson Inn Addition, and Tracts A, B, C, D, H, I, J, and K, Registered Land Survey No 730, all in Hennepin County, Minnesota (the "Property"); and WHEREAS, the final plat is consistent with the preliminary plat and the PUD concept and development plans previously approved for the project; and WHEREAS, a development and PUD 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, MINNESOTA AS FOLLOWS: 1. The plat of Maple Shores for 7 lots for single-family homes and 2 outlots is hereby approved according to the plans and materials submitted January 23, February 7 and 8, and March 15, 2023, (the "Plans") subject to the conditions listed below. 2. The approval is specifically conditioned upon the terms and conditions contained in the Development and PUD Agreement for the subdivision. 3. The Mayor and City Administrator are hereby authorized to execute the Development and PUD Agreement on behalf of the City Council and staff are hereby authorized to execute the final plan approval. 4. The final plat, development and PUD agreement and all related documents listed below, shall be required to be filed with Hennepin County. 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, the PUD Concept and Development Stage approvals and as follows: a. Revised homeowner association (HOA) documents that include disclosures on the maximum impervious surface coverage per lot and language addressing maintenance of the wetland buffers and signage, stormwater features, as well as prohibitions on accessory buildings and storage of recreation vehicles or equipment outside the home. b. Executed easements and agreements, including: 1) conservation easements over the wetlands and wetland buffers, 2) a storm water maintenance agreement; and 3) the development and PUD agreement. c. Payment of fees and submission of the financial guarantees as required by the development and PUD agreement. d. A revised construction management plan that includes the allowed construction hours. The city reserves the right to prohibit construction parking on the private drive during construction to ensure adequate access of emergency vehicles. e. All permits required by other agencies, including the Excelsior Fire District. f. Revised plans consistent with the Engineer's Memo dated March 16, 2023; and as follows: 1) Revise the tree preservation plan to show the location of tree preservation fencing and indicate removal of tree 165 located in the right-of-way. To be considered saved, no activity is permitted within the drip line of tree. 2) Revise the landscaping plan to: 1) add additional trees in the common areas where they wouldn't obstruct the storm water; 2) provide a plant schedule with the size of all trees at planting consistent with the tree preservation policy; 3) indicate the ground cover proposed throughout the development and the disturbed portions of the public right-of-way; and 4) any proposed seed mixes that would be used to reestablish the disturbed portions of wetland buffers, if applicable. 3) Revise the grading plan to identify: a) the location of wetland buffer monuments at each lot line and as the buffer changes direction and b) which buffer monuments would be used, the City's or the watershed's. 6. Prior to issuance of any building permits, the Applicant shall submit or complete the following: a. The applicant shall submit a soils/geotechnical report from a licensed professional engineer permits that indicates the soils present on the site and brought in are adequate to support the construction of the buildings and other improvements. b. The applicant shall submit recorded copies of all documents, such as the plat, development agreement, maintenance agreement, separate easements, HOA documents, etc. c. Install the wetland buffer monuments, except for the permit for the model home. d. Install the public improvements as directed int eh development and PUD agreement. 7. The site shall remain in compliance with the city's tree preservation policy until all construction is complete. 8. Each lot shall remain at or below the amount of impervious surface coverage indicated on the Site Plan dated January 23, 2023. 9. The proposed subdivision sign shall not be installed closer than five feet to the public right-of-way and otherwise consistent with the sign regulations and the conditions in the development agreement. 10. 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). Adopted by the City Council of Shorewood, Minnesota this 27th day of M rch, 2023. a Je fifer L adie, Mayor a Sandie Thone, City C erk City Council Meeting Item Item Title/Subject: Award Bid and Equipment Purchase Quote for Lift Station 11 8A Rehabilitation Project, City Project 22-07 Meeting Date: Monday, April 24, 2023 Prepared by: Matt Bauman, Assistant City Engineer Reviewed by: Matt Morreim, Public Works Director Attachments: Site Location Map Bid Tabulation and Abstract Equipment Quote Resolution Background: At the March 13th council meeting, staff presented the final plans and specifications for the Lift Station 11 Rehabilitation project. The Council gave authorization to advertise and open bids for the project. Bids for the project were opened on April 18, 2023. A total of three bids were received and the low bidder was submitted by R & R Excavating, Inc. from Hutchinson, MN. The bids are summarized below: Bidder: Total Bid Amount R & R Excavating, Inc. $300,780.16 Meyer Contracting, Inc. $312,780.37 Pember Companies, Inc. $319,394.50 Staff reviewed all the bids received to ensure they are accurate and indicate the bidding process was competitive. The low bid is 1% below the Engineer’s Estimate of $304,135.00, and 6% below the high bid. In addition to the construction bids, staff solicited quotes to directly purchase critical components from a trusted vendor which includes control panels, circuitry, pumps and hardware. This allows the city to ensure the correct equipment is supplied, minimizes the spare parts that are warehoused, and standardizes operations for employees. This is especially important during failures and emergencies. Quotes were received from two suppliers and the low quote and recommended option is submitted by Quality Flow Systems from New Prague, MN. The quotes are summarized below: 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 Supplier: Total Quote Amount Quality Flow Systems $48,900.00 Electric Pump $76,730.00 Items under consideration for this agenda item include: Approval of awarding to the low bid for the Lift Station 11 Rehabilitation Project to R & R Excavating. Authorize equipment purchase from Quality Flow Systems. If awarded, the anticipated schedule for this is late summer but is dependent on delivery of the pump equipment and controls. Financial or Budget Considerations: The lift station rehabilitation project will be funded from the 2023 CIP – 611 Sanitary Sewer Fund (item SS-13-01). The total project costs for Lift Station 11 will be less than the CIP amount of $450,000. The current project cost estimate based on the bids and equipment purchase: Lift Station Bid Equipment Soft Cost Total Project Cost 11 $300,780.16 $48,900.00 $60,156.03 $409,836.19 Action Requested: Motion to adopt the Resolution as submitted that awards the Lift Station 11 Rehabilitation Project, to the low bidder, R & R Excavating, Inc. and approve the quote for equipment purchase for pumps and controls from Quality Flow Systems. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, 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-xxx A RESOLUTION TO AWARD CONTRACT AND AUTHORIZE EQUIPMENT PURCHASE FOR THE LIFT STATION 11 REHABILITATION PROJECT CITY PROJECT 22-07 WHEREAS, bids for the 2023 Lift Station 11 Rehabilitation Project were received on April 18, 2023, opened and tabulated according to law, with the following bids received: Contractor Total Bid R & R Excavating $300,780.16 Meyer Contracting $312,780.37 Pember Companies $319,394.50 WHEREAS, city staff recommends award of the 2023 Lift Station 11 Rehabilitation Project; and WHEREAS, R & R Excavating, Inc. is the lowest responsible bidder; and WHEREAS, R & R Excavating, Inc. is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and WHEREAS, the City of Shorewood solicited pricing for lift station pump and control panel components for Lift Station 11 from several vendors, with the following quotes received; Supplier Total Quote Quality Flow Systems $48,900.00 Electric Pump $76,730.00 WHEREAS, Quality Flow Systems is a responsible and responsive supplier, that has supplied equipment and service of similar size and scope successfully; NOW THEREFORE, BE IT RESOLVED: 1. That the city council of the City of Shorewood hereby authorized and directed to enter into a contract with R & R Excavating, Inc. based on the lowest bid amount of $300,780.16 in the name of the City of Shorewood for the 2023 Lift Station 11 Rehabilitation Project according to the plans and specifications on file in the office of the City Clerk. 2. That the City Council of the City of Shorewood hereby authorized direct purchase of critical lift station components for City Project 22-07 from Quality Flow Systems for an amount of $48,900.00. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24 day of April 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk SITE LOCATION 0200Feet 20 0.0 Disclaimer: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This ATTACHMENT 2 drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for LIFT STATION 11 reference purposes only. The City of Shorewood is not responsible for any inaccuracies herein contained. 20465 RADISSON RD © Bolton & Menk, Inc - Web GIS3/7/2023 7:54 AM City of Shorewood Project Bid Tabulation LIFT STATION 11 REHABILITATION PROJECT Soliciting agent:Bolton & Menk, Inc. BMI No. 0C1.128417Contact:Andrew Budde, P.E. Bid Date:04/18/2023 9:00 AM CDT FirmAmount Base Bid R & R Excavating$300,780.16 Meyer Contracting$312,780.37 Pember Companies$319,394.50 Engineer's Opinion of Cost$304,135.00 I hereby certify that this is a true and correct tabulation of the bids as received on April 18, 2023 for the Lift Station 11 Rehabilitation Project, City Project 22-07. Andrew Budde, P.E., City EngineerSandie Thone, City Clerk ABSTRACT OF BIDS 2023 LIFT STATION 11 REHABILITATION PROJECT CITY OF SHOREWOOD, MINNESOTA BMI PROJECT NO. 0C1.128417 123 Engineer's EstimateR & R ExcavatingMeyer ContractingPember Companies ITEMAPPROX.UNITUNITUNITUNIT NO.BID ITEMQUAN.UNITPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNT 1MOBILIZATION1LUMP SUM$16,000.00$16,000.00$16,013.23$16,013.23$15,638.61$15,638.61$50,000.00$50,000.00 2TRAFFIC CONTROL1LUMP SUM$3,500.00$3,500.00$2,000.00$2,000.00$1,750.00$1,750.00$2,500.00$2,500.00 3MILL 2" BITUMINOUS PAVEMENT115SQ YD$15.00$1,725.00$18.39$2,114.85$19.84$2,281.60$17.80$2,047.00 4REMOVE CONCRETE CURB & GUTTER (B618)40LIN FT$13.00$520.00$16.33$653.20$3.67$146.80$11.20$448.00 5REMOVE WOOD FENCE20LIN FT$10.00$200.00$28.08$561.60$18.77$375.40$12.00$240.00 6REMOVE CONTROL PANEL AND CONCRETE PAD1EACH$700.00$700.00$2,026.76$2,026.76$140.02$140.02$750.00$750.00 7ABANDON VALVE MANHOLE1EACH$5,100.00$5,100.00$5,511.86$5,511.86$6,483.69$6,483.69$4,000.00$4,000.00 8ABANDON FORCEMAIN1LUMP SUM$1,500.00$1,500.00$200.00$200.00$1,719.83$1,719.83$1,000.00$1,000.00 9SITE GRADING AND EXCAVATION1LUMP SUM$4,000.00$4,000.00$4,464.55$4,464.55$500.00$500.00$7,000.00$7,000.00 10EXPLORATORY EXCAVATION4HOUR$1,000.00$4,000.00$457.85$1,831.40$600.00$2,400.00$600.00$2,400.00 11BYPASS PUMPING INSTALLATION AND OPERATION1LUMP SUM$18,000.00$18,000.00$12,562.13$12,562.13$16,000.00$16,000.00$20,000.00$20,000.00 12CLEAN INTERIOR OF EXISTING WET WELL1EACH$4,750.00$4,750.00$5,440.66$5,440.66$2,766.92$2,766.92$1,500.00$1,500.00 13SEAL INFILTRATION AT JOINTS AND BASE4EACH$900.00$3,600.00$1,200.00$4,800.00$2,500.00$10,000.00$2,000.00$8,000.00 14SEAL INFILTRATION AT EXISTING PIPE CONNECTIONS2EACH$500.00$1,000.00$350.00$700.00$2,500.00$5,000.00$2,000.00$4,000.00 15LINER COATING OF WET WELL INTERIOR1EACH$13,500.00$13,500.00$17,014.16$17,014.16$31,200.00$31,200.00$14,210.00$14,210.00 16WET WELL MODIFICATIONS AND CONSTRUCTION OF VALVE MANHOLE, INCLUDING ALL PIPING AND EQUIPMENT INSTALLATION1LUMP SUM$132,000.00$132,000.00$151,806.17$151,806.17$138,000.00$138,000.00$115,000.00$115,0 00.00 17ELECTRICAL CONSTRUCTION & CITY PURHCASED CONTROL PANEL INSTALLATION1LUMP SUM$11,000.00$11,000.00$9,000.00$9,000.00$9,000.00$9,000.00$13,700.00$13,700.00 184" PVC FORCEMAIN80LIN FT$170.00$13,600.00$63.08$5,046.40$68.72$5,497.60$76.00$6,080.00 194" GATE VALVE AND BOX1EACH$4,000.00$4,000.00$3,431.96$3,431.96$2,551.77$2,551.77$2,300.00$2,300.00 20FORCEMAIN FITTINGS100POUND$20.00$2,000.00$17.83$1,783.00$32.67$3,267.00$29.00$2,900.00 21CONNECT TO EXISTING FORCEMAIN1EACH$1,600.00$1,600.00$2,045.22$2,045.22$1,386.87$1,386.87$4,600.00$4,600.00 22DEWATERING1LUMP SUM$1,200.00$1,200.00$1.00$1.00$500.00$500.00$500.00$500.00 23AGGREGATE BEDDING65TON$50.00$3,250.00$0.14$9.10$76.25$4,956.25$80.00$5,200.00 24REMOVE UNSUITABLE FOUNDATION MATERIAL (EV)10CU YD$35.00$350.00$84.86$848.60$30.40$304.00$100.00$1,000.00 25SEWAGE PUMP TRUCK4HOUR$350.00$1,400.00$404.45$1,617.80$590.00$2,360.00$250.00$1,000.00 264" PERF TP PIPE DRAIN WITH AGGREGATE60LIN FT$50.00$3,000.00$42.58$2,554.80$29.98$1,798.80$55.00$3,300.00 274" PVC CLEANOUT1EACH$400.00$400.00$799.51$799.51$825.91$825.91$575.00$575.00 28ROADWAY PATCH275SQ YD$85.00$23,375.00$52.33$14,390.75$57.16$15,719.00$68.00$18,700.00 29TYPE SP 9.5 WEARING COURSE MIXTURE (2,C)50TON$200.00$10,000.00$193.53$9,676.50$203.35$10,167.50$182.25$9,112.50 305" CONCRETE PAD20SQ FT$45.00$900.00$77.96$1,559.20$86.37$1,727.40$22.50$450.00 31CONCRETE CURB AND GUTTER (B618)40LIN FT$77.00$3,080.00$125.00$5,000.00$47.68$1,907.20$51.00$2,040.00 32BITUMINOUS CURB120LIN FT$15.00$1,800.00$14.00$1,680.00$20.04$2,404.80$15.60$1,872.00 33FLOWABLE FILL FOR VALVE VAULT ABANDONMENT20CU YD$330.00$6,600.00$327.10$6,542.00$336.30$6,726.00$320.00$6,400.00 34SILT FENCE85LIN FT$5.00$425.00$5.00$425.00$7.26$617.10$3.20$272.00 35BIOLOG80LIN FT$5.75$460.00$4.00$320.00$7.26$580.80$4.60$368.00 36REINFORCED FIBER MATRIX WITH MNDOT SEED MIX 25-151150SQ YD$9.00$1,350.00$8.00$1,200.00$11.17$1,675.50$6.20$930.00 37TOPSOIL BORROW (LV)25CY$70.00$1,750.00$105.95$2,648.75$76.16$1,904.00$100.00$2,500.00 38LANDSCAPE ALLOWANCE1ALLOWANCE$2,500.00$2,500.00$2,500.00$2,500.00$2,500.00$2,500.00$2,500.00$2,500.00 TOTAL BID:$304,135.00$300,780.16$312,780.37$319,394.50 H:\\SHWD\\0C1128417\\6_Plans-Specs\\C_Bids Received\\128417 Bid Abstract.xlsPage 1 QUALITY FLOW SYSTEMS, INC. ________________________________ th 800 6 Street NW Phone(952)758-9445 New Prague, MN 56071 Fax(952)758-9661 March 6, 2023 TO: Matt Bauman Bolton & Menk Subject: Shorewood, MN Lift Station Rehabilitation Engineer: Bolton & Menk Dear Matt; Please find below our proposal for the submersible lift station pumps, stainless steel guide system, accessories, control panel, and access hatch. Duplex Submersible Pump Lift Station: Two (2) E80-217/112XEG (170), 15 hp, 230/3 heavy duty submersible sewage pumps capable of pumping 113 gpm @ 112 - - Stainless steel upper guide pipe bracket - uide pipe - iate guide bracket - 15 hp, 230 volt/3 phase inverter duty explosion-proof motor - 4 - Seal/ overtemp sensors in pump - Pump safe module One (1) 048H-20 rated aluminum access cover with safety grate One (1) Duplex pump control panel for operation on 120/240 Volt, 3-Phase, 4-Wire, 60-Hz incoming service. The enclosure is 1-door, suitable for floor or pad-mounting, NEMA 4X, stands. Inner dead-front door, 3-point pad-lockable handle and steel (painted white) component chassis will be provided. The system will provide control for two (2) 15 HP KSB submersible pumps in response to wetwell level as sensed by transducer (primary) and float switches (back-up). To include: Qty Major Control Panel Components; Description 1 CB; Main Disconnect; 3P; 240VAC; 100A 2 CB; Pump Disconnect; 3P; 240VAC; 60A 2 Motor Starter; NEMA; with solid-state adjustable OL relay 1 Breaker; 1P; 10A; (Control Power) 1 Breaker; 1P; 15A; (Convenience Receptacle) 1 Convenience Receptacle; GFCI; 15A 1 Phase Monitor 1 Surge Arrestor; 3-Phase 1 Heater; Fan-forced; 125W; Thermostatically controlled 2 Pump Protection module; KSB PumpSafe-A; with socket 2 Light-Pilot; P-T-T; 120VAC FV; LED; Green Fresnel Cap (pump running) 3 Light-Pilot; P-T-T; 120VAC FV; LED; Red Fresnel Cap (pump overtemp, hi level) 2 Light-Pilot; P-T-T; 120VAC FV; LED; Amber Fresnel Cap (pump seal fail) 3 Switch; 3-position (each pump H-O-A; alternation) 2 Push Button; (pump reset) 2 Runtime meter; non-resettable (each pump) A/R Control Relay; 3PDT; 120VAC; w/ Indicating Light (includes socket) 1 Ground Lug; 3-Conductor 1 Pump Controller; Model 1500ct; PLC; with 5.7-inch color touchscreen OIT (primary) 1 IS barrier for transducer 1 Float controller with intrinsically safe circuit extensions (back-up) 1 Alarm Light; Red; Flashing; LED; 120VAC; (enclosure top mounted) 1 Alarm Horn; 120VAC; with Silence Button (enclosure left side mounted) A/R Terminal Block; Single; 18-10AWG A/R Contacts for status and alarms wired to terminals 1 Mission MyDro cellular alarm monitoring system; with first year of service included 1 Submersible Level Transducer; with 60 ft cable and suspension kit 2 Float Switch; Suspended; Non-mercury; 60 ft cable One (1) Cable rack One (1) Stainless steel J-hook One (1) Start-up and training. One (1) Freight to the jobsite Total Delivered Selling Price - - $48,900.00(+ tax) Freight Allowed to the Jobsite If you have questions or wish for our proposal to be quoted different, please give me a call. Sincerely, Patrick Malay Patrick Malay City Council Meeting Item 7B Title/Subject: Accept Quote and Authorize Purchase Water Meters Units MEETING TYPE Meeting Date: April 24, 2023 Regular Meeting Prepared by: Matt Morreim, Public Works Director Reviewed by: Marc Nevinski, City Administrator Attachments: Council Resolution – Water Meter Purchases Ferguson Water Meter Quote Sole Source Letter Water Meter Warranties Background in Recommendation: Between 2007 and 2009, the City awarded a contract to have furnished and installed radio-read water meters for all water customers. The meters are read utilizing a drive by receiver. The sealed units contain a battery that powers the transmission of data when the receiver is within proximity to the meter. When the meters were installed, batteries had a full replacement warranty for years 0-10 and prorated warranty for years 10-20. If a water meter fails to provide a reading, the Finance department reviews the water usage history of each account and estimates a billing amount based on historical average quarterly usage. It is desirable for the customer and the city to minimize accounts that are estimated. In 2022, the city and its contractor replaced 226 units that had failed. Currently, there are approximately 250 additional water meters that have failed over the past 12-18 months. Staff has discovered that most of the meter failures over the past two years have occurred in the units that were installed between 2007 and 2009. The city anticipates continued additional failures of approximately 450 remaining water meters that were installed during that time period. The new meter units will have a new warranty after installation (see attached). Therefore, the staff solicited quotes to obtain all the meter units that would replace the remainder of units that were installed from 2007 and 2009. While there are many companies that supply water meters, the city has chosen to use Ferguson Neptune meters in Shorewood. Utilizing one company for water meters is typical for municipal agencies so that there can be efficient and accurate water meter readings for billing and uniformity for maintenance and installation. The water meters and registry units are a proprietary system and are sourced by one company in the state of Minnesota. See attached sole source letter from Neptune Technology Group. The meter units will be provided to the contractor who will perform all installation services, including resident communications, for the city. Staff will be soliciting quotes from two 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 contractors for the installation of the defective registry and meters. The results and information will be communicated at a May 2023 council meeting. Installation is dependent on the contractor’s schedule and availability of the water meter units. Staff is seeking authorization to purchase of the following meters to be installed by a contractor to be determined later. Estimated Description Quantity Unit Cost Amount 5/8” Meter Units – Ph. 1 288 $280 $80,640 5/8” Meter Units – Ph. 2 311 $295 $91,745 3/4” Meter Units 58 $370 $21,460 1” Meter Units 37 $465 $17,205 1-1/2” Meter Units 5 $940 $4,700 2” Meter Units 1 $1,120 $1,120 3” Meter Units 1 $3,100 $3,100 TOTAL $219,970 Financial or Budget Considerations: American Rescue Plan Act (ARPA) funds would be used to fund the meter unit purchase. On June 28, 2021, the Council approved a resolution accepting the Coronavirus local fiscal recovery fund established under the American Rescue Plan Act (ARPA). The act was passed by Congress and signed into law by President Biden in March 2021. An amount of $883,437.60 of ARPA funds was received by the City of Shorewood in 2021 and 2022. For Shorewood, projects utilizing ARPA have included: Covington Road watermain improvement project (2021). This was an emergency replacement which was not accounted for in the City’s Water Capital Improvement Plan. Total costs were $336,385.19. Water meter repair and replacement project (2022). Total costs were $61,370.00. Total grant expenditures to date amount to $397,755.19. Of the original grant received of $883,437.60, an amount of $485,682.41 is available. Funds must be obligated by December 31, 2024 and the period of performance will run until December 31, 2026. Action Requested: Motion to approve the purchase of water meter units in the amount of $219,970. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-044 A RESOLUTION, APPROVING QUOTE AND AUTHORIZING PURCHASE OF WATER METERS CITY PROJECT 21-09, Phase 2 WHEREAS, the City solicited a quote for water meters; and th WHEREAS, on April 12, 2023, a quote was received from Ferguson Waterworks in the amount of $219,970.00 WHEREAS, the Director of Public Works has examined said quote and sole source letter and found them to be in order as Ferguson is the only vendor in the state that provides the proper meters to function effectively within the preexisting system; and WHEREAS, as specified in the council memo, the City shall purchase and provide water meters as required in the field to a contractor to be determined at a later date. NOW THEREFORE, BE IT RESOLVED,: by the City Council of the City of Shorewood, to accept the quote by Ferguson Waterworks in the amount of $219,970.00. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24 day of April, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 225978v1 #9A.1 MEETING TYPE Regular City of Shorewood Council Meeting Item st Title / Subject: 1 Quarter 2023 General Fund Budget Report Meeting Date: April 24, 2023 Prepared by: Joe Rigdon, Finance Director Reviewed by: Marc Nevinski, City Administrator Attachments: General Fund Budget Report Policy Consideration: A General Fund year-end budget report is provided to the City Council for review on a quarterly basis. Background: The following information describes the unaudited financial results of the City’s General Fund as of March 31, 2023. Comparisons between year-to-date amounts through March for revenues and expenditures are included to assist in gauging fund performance. 1 $232,225 3/31/20233/31/2022 TAX REVENUES-GENERAL FUND NON MiscellaneousSpecialFines &ServicestalIntergovernmenPermitsLicenses &$250,000$200,000$150,000$100,000$50,000$0$133,941 $0 $9,063 $12,508 $52,618 $88,432 $174,632 , 77.6%$0 , 0.0%$12,540 , 20.9%$22,999 , 40.7%$53,478 , 46.3%$60,957 , 26.2%$225,034 $5,000 $60,000 $56,570 $115,450 General Fund Revenues: Property tax revenues for the General Fund were $0 through March 2023. The first half property taxes will be received in June and July 2023, and the second half property taxes will be received in December 2023. Licenses and permits amounted to 26.2% of budget, or $60,957 through March of 2023. The majority of the revenue consisted of building permits and plan check fees. As a comparison, licenses and permits revenues through March of 2022 were $88,432. Intergovernmental revenues were $53,478 through 03/31/23, as compared to $52,618 through 03/31/22. Miscellaneous revenues totaled $174,632 through 03/31/23, an increase of $40,691 from the prior year. Antenna rent is the largest component, and accounted for the majority of the increase. No investment interest earnings are typically allocated to the General Fund until the fourth quarter. 2 $2,117,827 2023 Budget3/31/20233/31/2022 GENERAL FUND EXPENDITURES BY TYPE Capital OutlayChargesOther Services andSuppliesPersonal Services$3,500,000$3,000,000$2,500,000$2,000,000$1,500,000$1,000,000 $500,000$0$117,426 $777,461 $65,379 $425,733 $50,029 , 25.0%$874,514 , 26.7%$99,167 , 24.8%$503,696 , 23.8%$200,116 $3,269,952 $399,100 Total General Fund revenues (excluding transfers in) amounted to $324,606, or 5.4% of budget through 03/31/23. Revenues through March for 2023 were $28,044 higher than prior year revenues through March 2022. Expenditures by Type: General Fund personal services (including salaries and benefits) were at 23.8% of the annual budget through the first quarter of 2023. This amounted to a 18.3% st increase over the 1 quarter of 2022, and resulted due to timing differences in payroll from year to year. Supplies expenditures through March 2023 were 24.8% of the 2023 budget. Other services and charges were 26.7% of the 2023 budget, and 12.5% more compared to the prior year. This is attributable to payment timing differences for the operations. Capital outlay expenditures were 25.0% of budget through the first quarter. This represents the capital portion of the fire contract in 2023. 3 Expenditures by Program: General government expenditures through March 2023 were $571,250 (31.0% of budget), or 16.7% higher than 2022. o Overall increases occurred due to timing of operations and expenditures. Public safety expenditures were $599,279 through 03/31/23 (24.6% of budget), decreasing 3.8% through 03/31/23. o The decrease resulted from the capital/debt portion of the police contract fee being paid off, reducing the City’s annual payments. Public works expenditures totaled $295,694 through 03/31/23 (23.0% of budget), increasing 38.9% from the prior year. o Part of the increase is due to the hiring of an additional public works employee. Parks and recreation expenditures amounted to $61,183 through March 2023, a 0.6% increase from 2022. Budgeted transfers out to the Shorewood Community and Event Center were $102,300 through both March 2023 and March 2022. 4 $104,151 3/31/20233/31/2022 GENERAL GOVERNMENT-GENERAL FUND EXPENDITURES BuildingsMunicipalPlanningServicesProfessionalFinanceElectionsAdministrationCouncil$700,000$600,000$500,000$400,000$300,000$20 0,000$100,000$0$127,512 $56,626 $99,391 $64,074 $0 $126,227 $15,717 $157,590 , 61.7%$75,394 , 21.0%$108,266 , 36.7%$72,077 , 31.9%$0 , 0.0%$141,050 , 23.5%$16,873 , 16.2%$255,600 $359,603 $295,000 $226,125 $1,500 $599,855 The General Fund exhibited an overall 10.2% increase in expenditures (excluding transfers out) from $1,385,999 through 03/31/22 to $1,527,406 through 03/31/23. Expenditures by Department: The following charts include expenditure information for individual departments for the first quarter of 2023. 5 $1,484,218 2023 Budget3/31/20233/31/2022 PUBLIC WORKS-GENERAL FUND EXPENDITURES Ice and Snow RemovalPublic Works Service$1,200,000$1,000,000$800,000$600,000$400,000$200,000$0$67,994 $132,130 $12,824 $77,080 , 54.7%$196,482 , 20.0%$22,132 , 13.7%$140,861 $982,734 $162,000 2023 Budget3/31/20233/31/2022-GENERAL FUND EXPENDITURES Protective InspectionsFire ProtectionPolice Protection$1,600,000$1,400,000$1,200,000$1,000,000$800,000$600,000$400,000$200,000$0$32,765 $186,226 $403,669 $35,737 , 19.8%$192,575 , 25.0%$370,967 , 25.0%$180,650 $770,300 6 $348,009 3/31/20233/31/2022 PARKS AND RECREATION-GENERAL FUND EXPENDITURES RecreationPark Maintenance$400,000$350,000$300,000$250,000$200,000$150,000$100,000$50,000$0$16,041 $44,803 $14,583 , 19.1%$46,600 , 13.4%$76,389 Financial or Budget Considerations: This report is intended to provide budget to actual and comparative financial information for the General Fund. Recommendation / Action Requested: Staff recommends that the City Council accept the quarterly budget report. Next Steps and Timeline: nd The General Fund budget report for 2 quarter 2023 will be prepared and distributed in July 2023. Connection to Vision / Mission: The review of periodic reporting of financial information is a component of sound financial management. 7 General Fund Revenues and Expenditures vs Budget Through March 31, 2023 AmountYTD Budget Budget1/1/23 to1/1/23 to% Collected/ One YearAmount Description20233/31/20233/31/2023% ExpendedPrior ActualChange% Change General Fund Revenues Taxes5,370,01601,342,5040.0%00N/A Licenses & Permits232,22560,95758,05626.2%88,432(27,475)-31.1% Intergovernmental115,45053,47828,86346.3%52,6188601.6% Charges for Services56,57022,99914,14340.7%12,50810,49183.9% Fines & Forfeitures60,00012,54015,00020.9%9,0633,47738.4% Special Assessments5,00001,2500.0%00N/A Miscellaneous225,034174,63256,25977.6%133,94140,69130.4% 28,044 Total General Fund Revenues6,064,295324,6061,516,0745.4%296,5629.5% Other Financing Sources Transfers In 0 25,00025,0006,250100.0%25,0000.0% Total Revenues and Other Financing Sources6,089,295349,6061,522,3245.7%321,56228,0448.7% General Fund Expenditures General Government Council Personal Services27,4516,8636,86325.0%5,5441,31923.8% Supplies3,00069075023.0%0690N/A Other Services and Charges73,7009,32018,42512.6%10,173(853)-8.4% 1,156 Council104,15116,87326,03816.2%15,7177.4% Administration Personal Services528,855119,322132,21422.6%117,8631,4591.2% -16.2% Supplies17,0002,4184,25014.2%2,886(468) Other Services and Charges54,00019,31013,50035.8%5,47813,832252.5% 14,823 Administration599,855141,050149,96423.5%126,22711.7% 1 General Fund Revenues and Expenditures vs Budget Through March 31, 2023 AmountYTD Budget Budget1/1/23 to1/1/23 to% Collected/ One YearAmount Description20233/31/20233/31/2023% ExpendedPrior ActualChange% Change Elections Personal Services000N/A00N/A Supplies1,50003750.0%00N/A Other Services and Charges000N/A00N/A 0 Elections1,50003750.0%0N/A Finance Personal Services192,12551,19948,03126.6%44,6326,56714.7% Supplies21,00019,0295,25090.6%18,7283011.6% Other Services and Charges13,0001,8493,25014.2%7141,135159.0% 8,003 Finance226,12572,07756,53131.9%64,07412.5% Professional Services Other Services and Charges295,000108,26673,75036.7%99,3918,8758.9% 8,875 Professional Services295,000108,26673,75036.7%99,3918.9% Planning Personal Services280,40373,27970,10126.1%49,52123,75848.0% Supplies70045517565.0%(178)633-355.6% Other Services and Charges78,5001,66019,6252.1%7,283(5,623)-77.2% 18,768 Planning359,60375,39489,90121.0%56,62633.1% Municipal Buildings Supplies38,0009,7829,50025.7%6669,1161368.8% Other Services and Charges217,600147,80854,40067.9%126,84620,96216.5% 30,078 Municipal Buildings255,600157,59063,90061.7%127,51223.6% Total General Government1,841,834571,250460,45931.0%489,54781,70316.7% Public Safety Police Protection Supplies000N/A00N/A Other Services and Charges1,484,218370,967371,05525.0%351,43219,5355.6% Capital Outlay000N/A52,237(52,237)-100.0% (32,702) Police Protection1,484,218370,967371,05525.0%403,669-8.1% 2 General Fund Revenues and Expenditures vs Budget Through March 31, 2023 AmountYTD Budget Budget1/1/23 to1/1/23 to% Collected/ One YearAmount Description20233/31/20233/31/2023% ExpendedPrior ActualChange% Change Fire Protection Other Services and Charges570,184142,546142,54625.0%121,03721,50917.8% Capital Outlay200,11650,02950,02925.0%65,189(15,160)-23.3% 6,349 Fire Protection770,300192,575192,57525.0%186,2263.4% Protective Inspections Personal Services145,05030,82036,26321.2%29,1071,7135.9% Supplies3,30033682510.2%88248281.8% Other Services and Charges32,3004,5818,07514.2%3,5701,01128.3% 2,972 Protective Inspections180,65035,73745,16319.8%32,7659.1% (23,381) Total Public Safety2,435,168599,279608,79224.6%622,660-3.8% City Engineer Supplies000N/A00N/A Other Services and Charges162,00022,13240,50013.7%12,8249,30872.6% 9,308 City Engineer162,00022,13240,50013.7%12,82472.6% Public Works Service Personal Services593,034128,776148,25921.7%99,10529,67129.9% Supplies190,90044,15047,72523.1%9,38434,766370.5% Other Services and Charges198,80023,55649,70011.8%23,641(85)-0.4% 64,352 Public Works Service982,734196,482245,68420.0%132,13048.7% Ice & Snow Removal Personal Services59,66158,90014,91598.7%34,61624,28470.2% Supplies80,00018,18020,00022.7%33,378(15,198)-45.5% Other Services and Charges1,20003000.0%00N/A 9,086 Ice & Snow Removal140,86177,08035,21554.7%67,99413.4% 82,746 Total Public Works1,285,595295,694321,39923.0%212,94838.9% 3 General Fund Revenues and Expenditures vs Budget Through March 31, 2023 AmountYTD Budget Budget1/1/23 to1/1/23 to% Collected/ One YearAmount Description20233/31/20233/31/2023% ExpendedPrior ActualChange% Change Parks and Recreation Park Maintenance Personal Services233,95926,81058,49011.5%34,069(7,259)-21.3% Supplies36,7004,0809,17511.1%2023,8781919.8% Other Services and Charges77,35015,71019,33820.3%10,5325,17849.2% 1,797 4.0% Park Maintenance348,00946,60087,00213.4%44,803 Recreation Personal Services57,2897,72714,32213.5%11,276(3,549)-31.5% Supplies7,000471,7500.7%225(178)-79.1% Other Services and Charges12,1006,8093,02556.3%4,5402,26950.0% Recreation76,38914,58319,09719.1%16,041(1,458)-9.1% 339 Total Parks and Recreation424,39861,183106,10014.4%60,8440.6% 141,407 Total General Fund Expenditures5,986,9951,527,4061,496,74925.5%1,385,99910.2% Other Financing Uses Transfers Out - SCEC - Building32,30032,3008,075100.0%32,30000.0% Transfers Out - SCEC - Operations70,00070,00017,500100.0%70,00000.0% Transfers Out - Equipment Replacement000N/A00N/A Transfers Out - Street Improvements000N/A00N/A Transfers Out - Park Capital000N/A00N/A Total Other Financing Uses102,300102,30025,575102,3000 100.0%0.0% 6,089,2951,629,7061,522,32426.8%1,488,299141,4079.5% Total Expenditures and Other Financing Uses General Fund, Net0(1,280,100)0(1,166,737)(113,363) N/A9.7% 4 General Fund Revenues and Expenditures vs Budget Through March 31, 2023 AmountYTD Budget Budget1/1/23 to1/1/23 to% Collected/ One YearAmount Description20233/31/20233/31/2023% ExpendedPrior ActualChange% Change Expenditures and Transfers Out by Program General Government1,841,834571,250460,45931.0%489,54781,70316.7% Public Safety2,435,168599,279608,79224.6%622,660(23,381)-3.8% Public Works1,285,595295,694321,39923.0%212,94882,74638.9% Parks and Recreation424,39861,183106,10014.4%60,8443390.6% Transfers Out 102,300102,30025,575 100.0%102,3000 0.0% Total Expenditures and Transfers Out 6,089,2951,629,7061,522,3241,488,299141,407 26.8%9.5% Expenditures by Department Council104,15116,87326,03816.2%15,7171,1567.4% Administration599,855141,050149,96423.5%126,22714,82311.7% Elections1,50003750.0%00N/A Finance226,12572,07756,53131.9%64,0748,00312.5% Professional Services295,000108,26673,75036.7%99,3918,8758.9% Planning359,60375,39489,90121.0%56,62618,76833.1% Municipal Buildings255,600157,59063,90061.7%127,51230,07823.6% Police Protection1,484,218370,967371,05525.0%403,669(32,702)-8.1% Fire Protection770,300192,575192,57525.0%186,2266,3493.4% Protective Inspections180,65035,73745,16319.8%32,7652,9729.1% City Engineer162,00022,13240,50013.7%12,8249,30872.6% Public Works Service982,734196,482245,68420.0%132,13064,35248.7% Ice and Snow Removal140,86177,08035,21554.7%67,9949,08613.4% Park Maintenance348,00946,60087,00213.4%44,8031,7974.0% Recreation76,38914,58319,09719.1%16,041(1,458)-9.1% Transfers Out102,300102,30025,575100.0%102,30000.0% Total Expenditures and Transfers Out 6,089,2951,629,7061,522,3241,488,299141,407 26.8%9.5% 5 General Fund Revenues and Expenditures vs Budget Through March 31, 2023 AmountYTD Budget Budget1/1/23 to1/1/23 to% Collected/ One YearAmount Description20233/31/20233/31/2023% ExpendedPrior ActualChange% Change Expenditures by Type Personal Services2,117,827503,696529,45723.8%425,73377,96318.3% Supplies399,10099,16799,77524.8%65,37933,78851.7% Other Services and Charges3,269,952874,514817,48826.7%777,46197,05312.5% Capital Outlay200,11650,02950,02925.0%117,426(67,397)-57.4% Total Expenditures 5,986,9951,527,4061,496,7491,385,999141,407 25.5%10.2% Transfers Out102,300102,30025,575100.0%102,30000.0% Total Expenditures and Transfers Out 6,089,2951,629,7061,522,3241,488,299141,407 26.8%9.5% 6 9A.2 MEETING TYPE Regular City of Shorewood Council Meeting Item Title / Subject: Investments 1st Quarter 2023 Report Meeting Date: April 24, 2023 Prepared by: Joe Rigdon, Finance Director Reviewed by: Marc Nevinski, City Administrator Attachments: First Quarter 2023 Investments Spreadsheets Policy Consideration: An investment report is provided to the City Council for review on a quarterly basis. Background: The following information describes the unaudited investment activity of the City’s funds as of March 31, 2023. The City’s investment policy, modified 3/24/2013, indicates that an investment report shall be prepared at least quarterly, including a management summary. General Objectives: The primary objectives, in priority order, of investment activities are safety, liquidity, and yield. 1. Safety: Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective is to mitigate credit risk and interest rate risk. Credit risk is the risk of loss due to the failure of the security issuer or backer. Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates. 2. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. 3. Yield: The investment portfolio shall be designed with the objective of attaining a market rate of return through budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. 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. Authorized and Suitable Investments: Minnesota Statute 118A.04 lists the types of investments that public funds may be invested in. The City’s investment policy is narrower than the statute, and includes the following permissible investments: United States securities: Governmental bonds, notes, bills, mortgages (excluding high-risk mortgage-backed securities), and other securities, which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. State and local securities: Any security which is a general obligation of any state or local government with taxing powers which is rated “A” or better by a national bond rating service. Any security which is a revenue obligation of any state or local government with taxing powers which is rated “AA” or better by a national bond rating service. Commercial paper: Commercial paper issued by United States corporations or their Canadian subsidiaries that is rated in the highest quality category by at least two nationally recognized rating agencies and matures in 270 days or less. Time deposits: Time deposits that are fully insured by the Federal Deposit Insurance Corporation (FDIC) or by the National Credit Union Administration (NCUA). Minnesota joint powers investment trust (4M Fund): Investments are restricted to securities described in Minnesota Statutes 118A.04 and 118A.07, subdivision 7. Diversification: The City shall attempt to diversity its investments according to type and maturity. The portfolio may contain both short-term and long-term investments. The City will attempt to match its investment maturities with anticipated cash flow requirements. The City’s investment policy includes the following restrictions: No more than 30% of the total investments should extend beyond 5 years. No investment should extend beyond 15 years. No more than 10% of the total investments shall be commercial paper. As of 3/31/2023, the City is in compliance with the investment policy’s diversification restrictions. 2 0 Weighted Average Portfolio Maturity (Days)1,000 Current Investments: At 3/31/2023, market value of the City’s investments amounted to $16,897,604.80. Municipal money market funds (4M) were the largest share of the portfolio, at 70%. Net bond proceeds of $7.5 million were transferred into the 4M fund in December 2022. An investments summary and an investments detail listing are included on the attachments. The weighted average portfolio maturity in days of the City’s investment portfolio has been steady during the past year. This calculation varies based on the mix of investment purchases and maturities. The average maturity at March 31, 2023 was a calculated 445 days, or 1.22 years. 3 0.000%4M Fund Rate 6.000%5.000%4.000%3.000%2.000%1.000%0.000%Weighted Average Portfolio Fixed Rate Yield 2.000%1.600%1.200%0.800%0.400% The weighted average fixed rate yield of the City’s investment portfolio was relatively flat during the past year. Based on the City’s fixed rate investments (excluding the 4M Fund), the fixed rate portfolio yield was calculated at 1.393% at 3/31/2023. The 4M Fund average monthly rate for March 2023 was 4.683%, as compared to a rate of 0.199% in April 2022 4 From 1/1/2023 through 3/31/2023, the City received $142,486 in investment interest. The change in fair market value of the portfolio increased by $47,194 through 3/31/23 as a result of market economic conditions. The City’s intent is to hold investments to maturity dates, which will prevent realized principal gains or losses on investments related to market conditions. Net investment income through 3/31/23 amounted to $189,680. Financial or Budget Considerations: This report is intended to provide investments financial information for the City’s funds. Recommendation / Action Requested: Staff recommends that the City Council accept the quarterly investments report. Next Steps and Timeline: The investments quarterly report for 2nd quarter 2023 will be prepared and distributed in July 2023. Connection to Vision / Mission: The review of periodic reporting of financial information is a component of sound financial management. 5 City of Shorewood Investments Summary 2022-2023 04/30/2205/31/2206/30/2207/31/2208/31/2209/30/2210/31/2211/30/2212/31/2201/31/2302/28/2303/31/23 Allocation ($) 4M Fund 6,922,025.86 7,179,974.36 6,047,403.12 6,054,410.46 6,564,161.16 6,586,121.16 5,614,650.94 4,629,904.94 12,440,583.25 11,488,137.10 11,527,279.65 11,886,069.29 Brokered Money Markets - - - - - - - - - - - - Brokered Certificates of Deposit 1,739,093.26 1,487,952.68 1,727,640.99 1,726,916.80 1,232,935.51 1,229,532.46 1,228,858.74 1,228,860.00 981,336.78 981,625.83 982,082.13 982,678.88 Government Agency Securities 2,600,841.42 2,613,915.02 3,495,491.10 3,508,931.11 3,474,447.28 3,428,911.32 3,421,848.05 3,442,095.92 3,447,926.48 3,467,458.46 3,447,115.66 3,186,604.13 Municipal Bonds 838,620.50 847,388.00 846,251.00 851,584.50 838,436.50 825,741.50 825,537.00 836,917.00 838,078.50 844,764.50 835,549.00 842,252.50 12,100,581.04 12,129,230.06 12,116,786.21 12,141,842.87 12,109,980.45 12,070,306.44 11,090,894.73 10,137,777.86 17,707,925.01 16,781,985.89 16,792,026.44 16,897,604.80 Allocation (%) 4M Fund57.2%59.2%49.9%49.9%54.2%54.6%50.6%45.7%70.3%68.5%68.6%70.3% Brokered Money Markets0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% Brokered Certificates of Deposit14.4%12.3%14.3%14.2%10.2%10.2%11.1%12.1%5.5%5.8%5.8%5.8% Government Agency Securities21.5%21.6%28.8%28.9%28.7%28.4%30.9%34.0%19.5%20.7%20.5%18.9% Municipal Bonds6.9%7.0%7.0%7.0%6.9%6.8%7.4%8.3%4.7%5.0%5.0%5.0% 100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0%100.0% Weighted Average Portfolio Yield0.910%0.908%1.364%1.363%1.368%1.373%1.378%1.381%1.384%1.385%1.390%1.393% 4M Fund Rate0.199%0.512%0.916%1.364%1.912%2.229%2.797%3.477%3.934%4.175%4.442%4.683% Weighted Average Portfolio Maturity (Days)630631619589607575544515508478448445 City of Shorewood - Investments Detail MarketChange inMarket 12/31/23 ParYieldPurchaseMaturityValueTransfersTransfersMarket ValueInterest/Value Value%DateDateCusipFDIC #12/31/2022PurchasesSalesinout& Gain/LossDividends3/31/2023 4M Fund Money Market4M Fund 11,488,137.10 4.683 12,440,583.25 303,000.00 - 14,129.10 (1,000,000.00) - 128,356.94 11,886,069.29 US TreasuryGovernment Agency 303,000.000.1253/24/20223/31/202391282CBU4N/A 299,896.98 - (303,000.00) - (189.38) 3,103.02 189.38 0.00 Servisfirst Bank, FL CDBrokered CD 249,900.080.164/1/20214/3/2023Non-DTC57993 249,100.00 - - - - - - 249,100.00 Greenstate Credit Union, IA CDBrokered CD 249,947.600.156/1/20216/1/2023Non-DTCNCUA 249,200.00 - - - - - - 249,200.00 Texas Capital Bank, NA Dallas TXBrokered CD 242,000.002.806/24/20226/23/202388224PMS534383 240,357.06 - - - - 399.30 - 240,756.36 Morgan Stanley Pvt Bank CDBrokered CD 247,000.001.769/5/20199/5/202361760AX6134221 242,679.72 - - - (2,265.97) 942.80 2,265.97 243,622.52 US TreasuryGovernment Agency 306,000.000.253/24/20229/30/202391282CDA6N/A 295,827.95 - - - (382.50) 3,621.81 382.50 299,449.76 Waukesha WI Prom NtsMunicipal Bonds 500,000.002.004/20/202110/1/2023943080VH1N/A 494,830.00 - - - - 2,515.00 - 497,345.00 US TreasuryGovernment Agency 309,000.000.756/21/202212/31/202391282CDR9N/A 297,086.51 - - - (1,158.75) 2,836.62 1,158.75 299,923.13 US TreasuryGovernment Agency 296,000.002.1253/24/20223/31/2024912828W71N/A 286,842.35 - - - (3,145.00) 1,954.19 3,145.00 288,796.54 US TreasuryGovernment Agency 500,000.002.004/5/20214/30/2024912828X70N/A 482,578.00 - - - - 3,613.50 - 486,191.50 US TreasuryGovernment Agency 305,000.001.756/21/20226/30/20249128286Z8N/A 292,383.07 - - - (2,668.75) 2,740.12 2,668.75 295,123.19 Waukesha WI Prom NtsMunicipal Bonds 350,000.002.004/20/202110/1/2024943080VJ7N/A 343,248.50 - - - - 1,659.00 - 344,907.50 US TreasuryGovernment Agency 500,000.000.504/5/20213/31/2025912828ZF0N/A 459,570.50 - - - (1,250.00) 6,562.50 1,250.00 466,133.00 US TreasuryGovernment Agency 314,000.000.503/24/20223/31/2025912828ZF0N/A 288,610.27 - - - (785.00) 4,121.25 785.00 292,731.52 US TreasuryGovernment Agency 327,000.000.256/21/20226/30/2025912828ZW3N/A 296,458.85 - - - (408.75) 4,726.14 408.75 301,184.99 US TreasuryGovernment Agency 500,000.000.754/5/20213/31/202691282CBT7N/A 448,672.00 - - - (1,875.00) 8,398.50 1,875.00 457,070.50 17,707,925.01 303,000.00 (303,000.00) 14,129.10 (1,014,129.10) 47,193.75 142,486.04 16,897,604.80 Net Interest Earnings (Interest and realized gains/losses on securities) 189,679.79 189,679.79 City Council Meeting Item Item Title/Subject: Tree Sale 2023 – Tree Selection 9A3 and Approve Recruitment for Position Meeting Date: April 24, 2023 Prepared by: Eric Wilson, Communications Coordinator Reviewed by: Sandie Thone, City Clerk/Human Resources Director Attachments: 2023 City Compensation Schedule Background: Since 2021, the City of Shorewood has hosted an annual tree sale. This year, trees were selected based on the following criteria: Species previously sold in 2021 and 2022 Species listed in City of Shorewood’s Tree Preservation and Replacement Policy Species that are native to Minnesota Species that residents may be interested in that have never been sold before Quantities of each variety were based on: Previous years’ sales Minimum amount required for purchase from Bailey’s Nursery Action Requested: n/a Timeline: n/a 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. This program helps protect, preserve and enhance the environment of the community. 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 Tree Sales Sold in 2021 & 2022 Notes Trees recommended by Shorewood Tree Preservation Plan (2004) Previously Sold in Common Name Scientific Name 20222021 Deciduous Trees Green Ash Fraxinus pennsylvanica Mountain Ash Sorbus spp. River Birch Betula nigra x Kentucky Coffeetree Gymnocladus dioicus Amur Corktree Phellodendron amurense Flowering Crabapple Malus spp. Ginkgo (male only)Ginkgo biloba x autumn gold offere Hackberry Celtis occidentalis Hawthorn Crataegus spp. Shagbark Hickory Carya ovata Honeylocust Gleditsia Hatriacanthos x Ironwood Ostrya virginiana x Japanese Tree Lilac Syringa amurensis japonica American Linden Tilia americana Littleleaf Linden Tilia cordata Redmond Linden Tilia americana 'Redmond' Black Locust Roninia psuedoacacia Amur Maple Acer ginnala Norway Maple Acer platanoides Red Maple Acer rubrum Silver Queen Maple (seedles Acer saccharinum 'Silver Queen'x Sugar Maple Acer saccharum Northern Catalpa Catalpa speciosi Bur Oak Quereus macrocarpa Pin Oak Quercus palustris Red Oak Quercus rubra Swamp White Oak Quercus bicolor White Oak Quercus alba Ohio Buckeye Aesculus glabra Russian Olive Eleagnus angustifolia Black Walnut Juglans nigra Aspen, summer shimmer populus 'klaus select'x Blue Beech carpinus caroliniana xx Serviceberry, autumn brillian amelanchier x grandiflora 'autumn b xx dogwood, alleman's compac cornus sericea 'alleman's compact'x dogwood, cardinal red osier cornus sericea 'cardinal'x Conifers American Arborvitae Thuja occidentalis x techny x techny offe Balsam Fir Abies balsamea Douglas Fir Pseudotsuga menziesii White Fir Abies concolor Canadian Hemlock Tsuga canadensis European Larch Larix decidua Austrian Pine Pinus nigra Norway Pine Pinus resinosa Red Pine Pinus resinosa Scotch Pine Pinus sylvestris White Pine Pinue strobus Black Hills Spruce Picea glauca densata Colorado Spruce Picea pungens Norway Spruce Picea abies White Spruce Picea glauca Tamarack Larix laricina Fruit xx Crabapple, spring snow malus 'spring snow' x cherry, Canada red select prunus virginiana 'shubert select' x Pear, Parker Pyrus 'Parker' x Pear, Summercrisp Pyrus 'Summercrisp' x Cherry, Evans Bali prunus cerasus 'Evans Bali' x Cherry, North Star prunus 'north star' Order Summary (City) ItemScientific NameCommon NamePriceQty FY22Qty FY23Total Deciduous 64568Acer platanoides 'Pond'Emerald Lustre Maple$ 92.10 3$ 276.30 41109Acer saccarum 'Balista' Fall Fiesta Sugar Maple$ 82.00 5$ 410.00 29251Amelanchier x grandiflora 'Autumn Brilliance'Autumn Brilliance Serviceberry$ 91.00 119$ 819.00 58355Betula nigra 'Cully'Heritage River Birch$ 79.00 1810$ 790.00 64598Carpinus caroliniana Blue BeechBlue Beech$ 105.401615$ 1,581.00 65269Ginkgo biloba 'Autumn Gold'Autumn Gold Ginkgo$ 173.0054$ 692.00 59761Gleditsia triacanthos var. inermis 'Skycole'Skyline Honeylocust$ 95.20 3$ 285.60 64664Malus 'Spring Snow'Spring Snow Crabapple$ 92.50 53$ 277.50 69723Ostrya virginianaIronwood$ 46.40 1210$ 464.00 23595Populus 'Klaus Select'Summer Shimmer Aspen$ 81.95 109$ 737.55 64683Populus tremuloidesQuaking Aspen$ 102.0066$ 612.00 Conifers/Evergreens 74061Thuja occidentalis 'Pyramidalis'Pyramidal Arborvitae$ 72.75 4$ 291.00 74066Thuja occ Techny ArborvitaeTechny Arborvitae$ 68.25 2718$ 1,228.50 Fruit 28963Pyrus 'Parker'Parker Pear$ 45.60 5$ 228.00 28967Pyrus 'Summercrisp'Summercrisp Pear$ 46.10 5$ 230.50 1211Prunus 'Mount Royal'Mount Royal Plum$ 44.95 5$ 224.75 5$ 228.00 31800Prunus cerasus 'Evans Bali'Evans Bali Cherry$ 45.60 13772Prunus 'North Star'North Star Cherry$ 45.60 5$ 228.00 110124$ 9,603.70