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06-12-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JUNE 12, 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___ 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 May 22, 2023 Minutes B. City Council Regular Meeting Minutes of May 22, 2023 Minutes C. Approval of the Verified Claims List Claims List D. Approve Part Time Administrative Assistant New Hire City Clerk/HR Director Memo E. Approve Addition of Juneteenth Holiday to City Calendar City Administrator Memo Resolution 23-056 F. Approve Shorewood Community and Event Center Parks/Rec Director Memo Kitchen Rental Rates Resolution 23-057 CITY COUNCIL REGULAR MEETING AGENDA Page 2 G. Approve Extension for Development Approvals Planning Director Memo Location: Excelsior Wood (20325 Excelsior Blvd) Resolution 23-058 Applicant: Red Granite Construction H. Approve Seasonal Public Works Hire City Clerk/HR Director Memo I. Accept Resignation of PT Community Center Attendant City Clerk/HR Director Memo and Authorize Recruitment J. Approve PT Community Center Attendant City Clerk/HR Director Memo K. Authorize Execution of Hennepin County Regional Railroad City Engineer Memo Authority Permit L. Approve Drainage & Utility Easement Agreement, City Engineer Memo City Project 21-01 Resolution 23-059 M. Approve a Special Assessment for 25530 Birch Bluff Road City Administrator Memo Resolution 23-061 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 A. Fall/Winter 2022-23 Photo Contest Winners Communications Coordinator Memo B. Excelsior Chamber of Commerce – Excelsior Fireworks City Administrator Memo 5. PARKS 6. PLANNING 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS CITY COUNCIL REGULAR MEETING AGENDA Page 3 A. Appointment to Minnetonka Community Education City Administrator Memo Advisory Council Resolution 23-060 B. Approve Comparable Cities for Compensation Study City Administrator Memo 9. STAFF AND COUNCIL REPORTS A. Staff B. Mayor and City Council 10. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, MAY 22, 2023 5:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 5:30 P.M. A. Roll Call Present: Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; Planning Director Darling; Finance Director Rigdon, Public Works Director Morreim, Park/Rec Director Crossfield, and City Engineer Budde. Absent: None B. Review Agenda Maddy moved, Sanschagrin seconded, approving the agenda as presented. Motion passed 4/0. 2. CLOSED SESSION Pursuant to Minnesota Statutes, section 13D.05, subdivision 3(d), as permitted, the City Council will be moving into a Closed Session to discuss issues related to security systems and emergency response procedures. Sanschagrin moved, Maddy seconded, to recess to Closed Session at 5:32 p.m. Motion passed 4/0. The meeting reconvened at 6:04 P.M. 3. REVIEW PROPOSED MODIFICATIONS TO SOUTH LAKE MINNETONKA POLICE DEPARTMENT JOINT POWERS AGREEMENT City Administrator Nevinski explained the Joint Powers Agreement (JPA) that governs the South Lake Minnetonka Police Department will expire the end of 2023. Last fall, the cities of Shorewood, Greenwood, and Tonka Bay agreed to and approved an updated JPA but Excelsior delayed approval and proposed changes to the JPA at the April 11, 2023 Coordinating Committee meeting. He presented the changes proposed by Excelsior including the change in funding formula. He stated that there is a working group proposed to work through the changes in attempt to find agreement. He stated that the Council is asked to assign a member of the Council to the working group in addition to Mayor Labadie. He stated that it would also be helpful for the Council to provide input on what might be negotiable and general thoughts on the proposal. Mayor Labadie commented that historically the mayors have always been the members on the coordinating committee, with alternates assigned. She stated that she was previously an CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 22, 2023 Page 2 of 3 alternate prior to becoming Mayor. She commented that when the formula is brought up it is very contentious as this is the longest standing JPA for these services. She stated that Shorewood has always taken the attitude that it is being a big sister in helping out the other cities, but this proposal appears to be flagrantly wrong. She noted that each of the four cities receives one vote, so even though Shorewood would pay more than 50 percent of the budget under this proposal, it still would only have one vote, therefore voting rights and funding are the biggest issues. She noted that with four members there is a potential for a stalemate. She commented on the number of liquor licenses and stated that Excelsiors count of 16 seems low. She noted that the five licenses in Shorewood belong to liquor stores and restaurants that close earlier whereas Excelsior has a lot of traffic in and out of the bars and with its festivals. She believed that Excelsior should be increasing their contributions rather than decreasing. She stated that the other three cities came to agreement in April but since that time Excelsior has raised this huge red flag. She did not think that this was a budget improvement to Shorewood. Councilmember Callies stated that she was here in 2006 and one of the reasons she asked for the previous arbitration decision was to show that background information. She stated that Excelsior is saying the cities are very different now and that is why the formula should be updated, but when comparing populations, they are not much different from that time. She stated that the arbitrators did not use the formula recommended by Excelsior. She commented that the formula does account for changes, and it would seem that Excelsior was not happy with the decision of arbitration. She noted that Shorewood most likely was not either as it received the allocation of 50 percent of funding with only one vote. She stated that she supports continuing the formula as is. She recognized the desire to have more than one vote if the City is paying 50 percent or more of the funding, but also acknowledged the intent for each member of the JPA to have one vote. Councilmember Sanschagrin stated that the current formula uses five years and asked if the proposal would go back three years. City Administrator Nevinski confirmed that to be true. Councilmember Callies provided further explanation noting that Excelsior does not want to include the additional lookback. Councilmember Sanschagrin commented that the onus should be on the city requesting a reduction in their share and simply saying times have changed would not be sufficient. He stated that it would be interesting to view comparable agreements. City Administrator Nevinski commented that this type of relationship is rare. Councilmember Maddy noted that the Fire District simply uses tax capacity. Councilmember Sanschagrin commented that it would seem to make more sense to increase the ICR to 50 percent and then changing the others to 25 percent. He stated that perhaps that would make more sense. Councilmember Callies stated that tax capacity was used previously before arbitration. She agreed that the onus should be on Excelsior. She stated that Excelsior does have more ICR than the other communities while populations have remained relatively the same. Mayor Labadie commented that at times during negotiations Greenwood and Tonka Bay have said if there is deviation from what was agreed to in April, they would leave the JPA. She noted that some communities use the County for police services. She did not think the decision could be made out of losing a member but also did not want to feel taken advantage of by being asked to pay a higher share. Councilmember Maddy commented that the City has always paid more while being underrepresented in terms of voting. He stated that the question would be whether the CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 22, 2023 Page 3 of 3 communities want to be viewed as one community or three bedroom communities and Excelsior. He asked what would be best for the community as a whole as members from the other communities do use the Excelsior amenities and if there are issues it would more likely happen in Excelsior. He stated that he would at least like to have one more vote, as it would not seem to make sense to have a total of four votes. He stated that this would seem to be going back to the method that failed prior to 2006. Mayor Labadie commented that this is stressful for the Police Chief and department, and this is not appealing when attempting to recruit. Councilmember Maddy noted that South Lake PD has a good thing going as they are fully funded, fully staffed, have mental health checks, and therefore are the envy of many other departments. Councilmember Sanschagrin commented that he would encourage the City to push hard against a formula that goes away from the arbitration formula. He stated that in his line of business the allocations should reflect the benefits that come with the services. He commented that he would then see ICR as the heaviest benefit. He stated that he would encourage the arbitration formula but if that is not going to be used, then ICR should be more heavily weighted. Mayor Labadie commented that ICR has also been contentious as drivers being pulled over are often coming from other establishments but are not pulled over in that community. She stated that the current four mayors work well and respectfully together but that may not always be the case. Councilmember Sanschagrin noted that the longer period helps to spread things out. Mayor Labadie commented that the Police Chief also prefers that as it gives the department some breathing room. Councilmember Callies suggested that Councilmember Sanschagrin be the additional member of Council to represent the City with Mayor Labadie. Councilmember Sanschagrin confirmed that he could do so. There was consensus of the Council to designate Councilmember Sanschagrin to serve with Mayor Labadie on the Working Group. Mayor Labadie confirmed the direction for she and Councilmember Sanschagrin to focus on the five-year time length, increased voting for Shorewood, and use of the existing formula as set forth by the arbitrator. 4. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Work Session Meeting of May 22, 2023, at 6:46 P.M. Motion passed 4/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 22, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; Finance Director Rigdon; Planning Director Darling; Park and Recreation Director Crossfield; Director of Public Works Morreim; and City Engineer Budde Absent: None B. Review Agenda Maddy moved, Callies seconded, approving the agenda as presented. Motion passed 4-0. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Sanschagrin stated that he had a question on Item C and would like to remove Item D for additional discussion. Mayor Labadie noted that Item 2D will be moved to General New Business as Item 8D. Councilmember Sanschagrin asked for clarity on the purchase of herbicide. Public Works Director Morreim replied that was an invoice from a lawncare company that performed service in April. He commented that only fertilizer was used, no herbicide. He stated that an additional invoice will be sent removing that item. Maddy moved, Sanschagrin seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of May 8, 2023 B. City Council Regular Meeting Minutes of May 8, 2023 C. Approval of the Verified Claims List D. City Data Practices Policy Annual Review E. Authorize Declaration of Items as Surplus an Authorize the Sale CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 2 of 12 F. Accept Improvements and Approve Final Payment for Lawtonka Drive Water Service G. Approve Purchase of Commercial Refrigerator for SCEC Motion passed 4-0. 3. MATTERS FROM THE FLOOR Jeff Wyatt, 5335 Eureka Road, noted that he lives near the Birch Bluff project and would like to talk about communication. He stated that he has subscribed to the weekly email updates which mentioned staging. He stated that the next morning they woke up to materials and portable toilets on their lawn. He stated that while he understands, he would like to encourage improved communication to those that will be impacted. 4. REPORTS AND PRESENTATIONS A. Riley Purgatory Bluff Creek Watershed District Planning Director Darling introduced and welcomed Riley Purgatory Bluff Creek Watershed District Board Manager Dorothy Pederson and District Administrator Terry Jeffrey. Ms. Pederson commented that she is a resident of Shorewood and is the city representative for the Watershed District. She noted that she is up for another term and has served for the past six years. She summarized the work that has been done during that time and the ongoing focus. She also introduced the District Administrator, Terry Jeffrey. Mr. Jeffrey provided background information on the Watershed District and highlighted District projects. He stated that they are now planning for the next ten years through their Ecosystem Health Action Plan (EHAP). He explained the importance of partnerships between the Watershed District and its cities. Councilmember Callies asked for an example of a partnership. Mr. Jeffrey stated that if the City has a capital improvement project and the District is brought in early enough, they can sometimes partner to add water quality elements to the project. Councilmember Sanschagrin asked the most important factor of the relationship with the cities. Mr. Jeffrey replied that he believes transparency and sharing information is the most important relationship builder. He acknowledged that without that, the City is most likely hearing complaints from developers. B. Public Works Week Proclamation Public Works Director Morreim stated that this is a big week for public works, which is an industry that is typically not recognized. He stated that it is important to recognize the public works employees and the services provided. He provided background information on National Public Works Week which occurs May 21-27, 2023. He reviewed information on the public works CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 3 of 12 department, which has 12 full-time employees and two seasonal employees and the work that they do. Mayor Labadie read in full a proclamation declaring the week of May 21-27, 2023 as Public Works Week in the City of Shorewood. 5. PARKS A. Approve Contract with CivicRec for Recreational Software Parks and Recreation Director Crossfield gave an overview of staff’s research of two options and the benefits of parks and recreation software CivicRec. Councilmember Sanschagrin asked for more information on the other tools that were reviewed and why this one was recommended. Parks and Recreation Director Crossfield replied that there are two major companies for recreation software and the other option would be very cumbersome for staff and the size of this program. She commented that CivicRec will be much easier to use for both residents and staff. She stated that she spoke with other smaller cities that use the software and received positive feedback. Councilmember Callies asked for more information on Audio Eye. Andy explained that Audio Eye is an ADA accessibility tool that allows users to change the settings such as color contrast or font size, among others. Councilmember Maddy asked if it is the expectation that the software is already accessible without Audio Eye. Park/Recreation Director Crossfield replied that the software is ADA compliant in Minnesota, but other states have higher criteria for accessibility. He replied that the tool allows much more customization by users. Mayor Labadie asked if the City would be committing to one year, or whether the City would be able to cancel at any time with 60 days’ notice. Parks and Recreation Director Crossfield stated that the implementation fees are broken across the first three years, which is why the fee reduces after those three years. She believed that the service could be canceled at any time with 60 days’ notice, but the City would still be liable for the implementation fees. He confirmed that the City could cancel at any time during the year, but the year of service is paid up front at the start of service and would not be refunded. He stated that the service would automatically renew each year, unless notice of cancelation is provided. Councilmember Maddy asked for the recommendation of staff on whether Audio Eye is worth the additional cost. City Administrator Nevinski replied that this is becoming a more significant issue, noting a recent article in the paper where entities are raising concerns with accessibility of city websites. He recommended including Audio Eye and believed it would be money well spent. Sanschagrin moved, Labadie seconded, Approving the Contract for CivicRec Parks and Recreation Management Software with Audio Eye.” Further discussion: Councilmember Maddy stated that he would like to know the opinion of other members of the Council on Audio Eye. Mayor Labadie commented that she supports inclusion and believes that it would be the right decision for the City. Councilmember Callies also agreed. She asked if this contract would be for a term of three or four years. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 4 of 12 Parks and Recreation Director Crossfield explained that the implementation fees have been split over the first three years, so if the City canceled during that time, it would have to pay the remainder of the implementation fees. He commented that this is set up to split the one-time implementation fee over the course of three years but could also be setup for a one-year term with the onetime fee paid up front if desired. Motion passed 4-0. 6. PLANNING A. Report by Commissioner Gorham on 5/02/23 Planning Commission Meeting Planning Commissioner Gorham gave an overview of discussion and recommendations from the May 2, 2023 Planning Commission meeting. Planning Director Darling noted that the Planning Commission will continue to review the Code language at the June meeting. B. Approve 2023 Deer Management Program Dates Planning Director Darling gave an overview of the City’s partnership with the Metro Bowhunters Resource Base (MBRB) to conduct an annual deer management harvest since 2007. She reviewed staff’s discussion of possibly adding more weekends but due to development, the MBRB has lost spaces to hunt. The three weekend hunts proposed for 2023 include October 13-16; October 27-29; or November 10-12. Staff recommends City Council approval of the 2023 Deer Management Program. Councilmember Sanschagrin asked if there are alternatives to deer management. Planning Director Darling replied that wildlife catch and release is available for other animals but was unsure that would be successful with deer. Jared Fehrenbach, MBRB, introduced himself and noted that he owns a business on Smithtown Road and deer have been a problem there. He stated that he has been a part of the program for most of the time it has been in effect in Shorewood. He explained how the bowhunt program works, noting that he has been the coordinator for Shorewood the past two years. He stated that they are recommending three weekends this year because some big properties have been lost to development and they are beginning to lack areas to hunt. He noted that many hunters go out all three weekends and do not see the deer as the deer get used to the locations being used and avoid those during the hunting times. He stated that they will be reaching out to more property owners to expand the reach. Mayor Labadie asked if they are hunting vacant properties or in backyards. Mr. Fehrenbach replied that they work with property owners to hunt in yards along with City owned property. He noted that many property owners reach out and volunteer their property for use. Councilmember Callies asked if buy-in is obtained by all neighbors. Mr. Fehrenbach stated that once a property owner volunteers their property, they do alert the neighboring properties that hunting will be occurring. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 5 of 12 Councilmember Callies asked if hunting occurs at the cemetery off Covington. Mr. Fehrenbach replied that they have not used that property, but he would be open to looking at the property to see if it were an opportunity. Councilmember Sanschagrin asked how a situation would be handled if a deer were shot on a property where they have permission to hunt but runs onto another property where they do not have that permission. Mr. Fehrenbach replied that situation does happen and explained how they address that situation, noting that they use technology to identify property lines. He noted that they ask the property owner for permission to go onto the property or if the person is not home, they obtain a police escort. He stated that only once has the person not provided authorization to go on their property. Councilmember Sanschagrin asked if a resident would contact MBRB if they would like to hunt their own property. Mr. Fehrenbach replied that MBRB is strict about its draw policy and residents would have to sign up and go through the drawing like everyone else in the program. He stated that there would not be a guarantee that the person would receive their own property. Councilmember Maddy asked about safety precautions to ensure there are not stray arrows. Mr. Fehrenbach replied that they do not ground hunt, unless there is a disabled hunter that would need accommodation. He stated that they are elevated hunting and there are specifics that need to be followed in terms of the type of tree stand, harnesses and other safety precautions. He stated that safety is a priority and they have not had any accidents. He noted that they encourage experienced bowhunters for this program. Scott Burton, MBRB, replied that they do want experienced hunters but cannot mandate that, so they do occasionally get inexperienced hunters, which is why they use coordinators to ensure safety and that policies are followed along with requests from the landowners. He noted that all hunters are required to be ten feet from the ground, but no higher than 20 feet. Mr. Fehrenbach commented that Shorewood has a sharpshooter requirement and provided more details on that process, noting that every person on this hunt must pass that proficiency test. He stated that the coordinators also scout the hunting areas and have specific locations for the tree stands. He clarified the hunting hours and noted that the stands are put up on Friday and removed on Sunday of each hunting weekend. Mr. Burton commented that all the hunters are volunteers, which keeps the cost low. He stated that the volunteers are donating their time to participate in this program. He stated that four weekends would be a lot to ask of the hunters, therefore three weekends is more ideal and what they would prefer. He stated that if the City would like four weekends, they could look at that put it would put more stress on their program. Councilmember Callies asked if the same number of deer come back each year even though they have thinned the herd. Mr. Fehrenbach replied that anecdotally the deer tend to fill back in. He stated that when the hunting pressure is placed on the population, they will tend to avoid the area for a period of time but will typically come back. He noted that thinning the herd also has other benefits such as reduction in deer/vehicle accidents. He commented that while some of the deer filling back in are from birth, most would be deer coming in from other areas. Mayor Labadie noted that MBRB provides this service to the City for no charge. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 6 of 12 City Administrator Nevinski stated that the plan is before the Council and in the future, they will bring back a more formal agreement with the bowhunters. Maddy moved, Sanschagrin seconded, Approving the 2023 Deer Management Program as presented. Motion passed 4-0. 7. ENGINEERING/PUBLIC WORKS A. Approve Quote for Water Meter Replacement Services Public Works Director Morreim gave an overview of the plans to replace water meters and solicitation of quotes from two contractors for all water meter installation services. He presented the quotes received by the City on May 16, 2023 and low quote from Ferguson Waterworks in the amount of $59,585. He stated that the ARPA funds will be used for this project and noted that the majority of installation would be completed this year with a small amount to follow next year. Councilmember Sanschagrin noted that the Council has already discussed how these meters are superior to the meters that are being replaced. Maddy moved, Callies seconded, Adopting RESOLUTION NO. 23-053, “A Resolution Approving Quote and Authorizing Purchase of Water Meters, City Project 21-09, Phase 2.” Motion passed 4-0. 8. GENERAL/NEW BUSINESS A. Initiate Competitive Bond Sale Finance Director Rigdon introduced the associate from David Drown Associates present for this item. Shannon Sweeney, David Drown Associates, explained the bonding process and financing estimates as detailed in the meeting packet. He stated if the bond sale process is approved, the next step is awarding of the bond sale on June 26, 2023. During the interim, staff will have a rating call with Standard & Poors in advance of the sale. He gave an overview of the item, noting that for 2023, the estimated projects to be financed amount to $5,632,125 so the 2023 bond issue is proposed at $5,645,000 and a cash contribution from the City’s street reconstruction fund of $178,755 is included. Councilmember Sanschagrin stated that he will abstain from this because he is not in favor of the project. He stated that he understands the need to fund the project and therefore would not want to vote nay. Mayor Labadie commented that she does not believe that is an option unless there is a conflict of interest. City Attorney Shepherd confirmed that an abstention is used for a conflict of interest and there would be no reason to abstain on this matter. He commented that a member of the Council could choose to vote nay, but it is their duty to vote. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-054, “A Resolution Providing for the Competitive Negotiated Sale of $5,645,000 General Obligation Street CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 7 of 12 Reconstruction and Utility Revenue Bonds, Series 2023A.” Motion passed 3 – 1 (Sanschagrin-Nay). B. Approve Contract with DDA for Compensation Study City Administrator Nevinski gave an overview, noting at the February retreat, the City Council discussed completing a full compensation study to ensure the City’s compensation structure is competitive in the current market. He stated staff requested quotes from three firms to complete a compensation study for the City and received two proposals. He provided rationale for staff’s recommendation to enter into a contract with DDA Human Resources, Inc. Tessia Melvin, DDA Human Resources, Inc., introduced herself and provided background on DDA and its services in finance and human resources as well as experience in human resources. She reviewed things that would trigger a compensation study as well as the different elements within the compensation program. She reviewed details that would be included in the study such as classification and compensation plan and the current market trends. She reviewed the decision points that would involve the Council during this process. She also highlighted the benefits of ongoing maintenance. She stated that five options were provided within the proposal from DDA and provided an overview. Councilmember Sanschagrin stated that he would like more understanding of the scope of work as he was a bit confused by the information in the packet. City Administrator Nevinski stated that the Council is being asked to approve a contract for options one and two. He stated that if they get through that process and find that additional services are desired, they could choose to select additional services, but staff is not recommending that at this time. He stated that the ongoing maintenance options could be discussed during the budget discussions, should that be something the Council desires. Councilmember Callies noted that some of the additional services offered would not be needed as staff already handle those duties. City Administrator Nevinski confirmed that to be true and noted that if there are additional services desired in the future, that decision could be made at that time. Councilmember Callies commented that when positions have been filled recently, they have been discussing changing job descriptions and criteria for applicants and asked if that fits into the study. Ms. Melvin stated that they will look at the job descriptions and requirements and identify any red flags that stick out to them. She stated that when they review the market, they are able to compare job descriptions to find good matches. She stated that if there were a peak or valley compared to the market, they would identify that as well. Mayor Labadie appreciated that the different options and price points were identified and provided for review. She stated that she does agree with the recommendation of staff. She also acknowledged the comments of Councilmember Callies in recent discussions they have had related to job descriptions and pay and therefore believes that option two would be a good choice. Councilmember Sanschagrin also agreed. Councilmember Callies agreed as well, noting that it would make sense to address both items together. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 8 of 12 Sanschagrin moved, Labadie seconded, Approving the Contract with DDA Human Resources, Inc. to complete a market analysis for $5,150 and a pay grid calibration for $2,500, totaling $7,650 that would be funded from reserves.” Motion passed 4-0. C. Accept Resignation of Councilmember Patrick Johnson and Declare Vacancy City Administrator Nevinski stated Councilmember Johnson has submitted his written resignation from the City Council effective May 17, 2023. He presented a proposed schedule to fill this vacancy and asked if that timeline makes sense to the Council. He recommended the City Council adopt a resolution accepting the resignation of Councilmember Johnson and declaring a City Council vacancy. He noted that the draft resolution states a term expiration of 2024, which has been changed to 2025. Mayor Labadie commented that in the past they have used a hiring personnel committee but that has been dissolved and asked if the four members of the Council would complete the interviews and selection. City Administrator Nevinski confirmed that the Council would conduct the interviews and make the selection. Councilmember Callies stated that she believes that they should accept the resignation and declare the vacancy before further discussing the process. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-055, “A Resolution Accepting Resignation and Declaring a Vacancy on the City Council.” Motion passed 4-0. Mayor Labadie asked if the Council feels that 14 days is adequate for the public to be aware of the position and apply. She asked if there would be a form to fill out or whether applicants would submit a letter. City Administrator Nevinski replied that the City would accept a letter but noted that a basic form would be established on the website for interested parties to fill out and submit. Councilmember Sanschagrin suggested adding one additional week. Councilmember Maddy asked the length of time used in the last process to fill a vacancy. Mayor Labadie did not recall but acknowledged that there are now only four members of the Council, which creates the situation where a vote may tie. She noted the upcoming budget discussions and believed that time is of the essence to get a fifth member which prevents the situation where a tie may occur. She stated that if an additional week were added that would push out appointment to the first meeting in July. Councilmember Callies commented that while the timeline may seem short, word of mouth will spread quickly, and the Council may be aware of individuals that may have interest. Mayor Labadie asked if staff has an idea of the number of residents signed up for the email blast. Planning Director Darling replied that about 800 residents are on that list. Mayor Labadie asked the publishing deadline and mailing schedule for the Shore Report. Planning Director Darling st replied that they are currently finalizing the June 1 report which would be received by residents st around June 1. Mayor Labadie asked if this vacancy could be added to the Shore Report as that is a document that reaches every resident. Planning Director Darling noted that some residents have opted out of receipt but confirmed that it is a wide-reaching report. She stated that she could follow up the following day to determine if the report had yet been sent to the publisher. She believed that it could be added. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 9 of 12 Mayor Labadie noted a week without activity and suggested that application receipt date be ththth extended through the 7 or 9, with the next step to begin June 12. It was confirmed that th applications could be extended to noon on Friday June 9. Planning Director Darling stated that there is a small news article already included about the vacancy. It was confirmed that the dates could be added after decided tonight. Councilmember Callies stated that if the pool of applicants thth is to be dwindled on June 12, then perhaps the interviews occur on the 26 prior to the meeting where the appointment is made. City Administrator Nevinski stated that even if there is a relatively small number of candidates, there should be sufficient time to conduct the interviews and then have discussion and build consensus. He suggested holding a special meeting for the interviews and discussion to ensure th sufficient time for that to occur. He confirmed that applications could be due by noon on June 9, th with review of candidates on June 12. He stated that interviews could then be scheduled once the number of applicants is known. He confirmed that appointment would still occur at the June th 26 meeting. Councilmember Sanschagrin asked that staff provide updates throughout the process as to how many applicants there are. Mayor Labadie asked and received confirmation that if someone were th appointed at the June 26 meeting, they would become a voting member at the next meeting to follow. The Council confirmed consensus with the process and timeline discussed. D. City Data Practices Policy Annual Review City Administrator Nevinski stated that annually the City needs to review and update its Data Practices Policy, which is reflective of State Statute. Councilmember Sanschagrin acknowledged the policy and processes. He commented that several residents have expressed concern with the time for their requests. He asked that some performance measures be added to reflect how long residents should expect their request to take and compare that to how long the requests are taking. He stated that perhaps they could think how the process could be improved to be easier for both staff and residents. He stated that when residents are asking the same question, perhaps that information is shared more widely on the website or another manner to prevent repeated questions. Mayor Labadie stated that she is concerned that Councilmember Sanschagrin expressed a lack of performance measures. She commented that City Clerk Thone is extremely competent in this area and she feels it necessary to follow State Statute. She commented that going above and beyond can be a dangerous path. City Attorney Shepherd replied that staff endeavors in the utmost to follow State Statute and this policy is commensurate with the model policy. He stated that each data practice request is different and therefore would have a different response time. Mayor Labadie asked if any of the City practices have raised a red flag related to compliance with State Statute. City Attorney Shepherd replied that there was a data practices act challenge related to some of the City’s requests and the Office of Administrative Hearing found in favor of the City. Councilmember Sanschagrin replied that he is not speaking of meeting the minimum requirements and would like to potentially go above and beyond. He did not see danger in that if residents are looking for more from the City. He commented that he would like to see what they CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 10 of 12 can do to better serve residents. Mayor Labadie replied that they are not minimum requirements, as they are following State Statute. Councilmember Callies commented that this is a general policy and concerning comments that it has been a pain point for residents, she had trouble with that generalization and asked the number of residents Councilmember Sanschagrin was speaking about. She noted that a policy should not be crafted around one or two individuals. She commented that each request is different, and it would not be appropriate to place a timeline within the policy. She noted that some requests are easily answered while others take a significant amount of time and effort to find the answers. Councilmember Sanschagrin stated that he was suggesting that staff provide average times for response and actual response times. Councilmember Callies stated that she was unsure how an average could be provided as one request could be for every item related to tree removal going back to 1980 versus a request for one set of minutes. Councilmember Sanschagrin appreciated that response and stated that he was simply looking for more information to respond to the questions he is receiving from residents. Mayor Labadie stated that residents can be directed to the appropriate staff member for those answers. She commented that City Clerk Thone is trained on the matter and trains others on this topic, therefore it would be appropriate to direct residents to her. City Administrator Nevinski commented that the City receives data requests every day, ranging from a request for a policy which is quick and simply while others are very time consuming. Maddy moved, Labadie seconded, Adopting RESOLUTION NO. 23-050, “2023 City Data Practices Policy Update.” Motion passed 4-0. 9. STAFF AND COUNCIL REPORTS A. Administrator and Staff Park and Recreation Director Crossfield acknowledged staff at Shorewood Community and Event Center, noting the multiple events that were hosted over the weekend. She noted that over 400 attendees visited the location during that time. She highlighted some of the new recreation programing that would begin in June. Director of Public Works Morreim stated that they are working on hydrant flushing, grass cutting, and road patching. He noted that a seasonal employee will be joining in the next few weeks, and they will begin interviews for the second position. He noted recent work to repair a Metropolitan Council force main and stated that there are warnings to not enter the lake in that area. City Engineer Budde provided an update on Birch Bluff. He stated that they were notified that a wetland permit has not yet been issued from the Army Corps of Engineers and explained how they have been working around that area until the permit is received. He stated that it could be possible that the area has not previously been disturbed which would require additional work and time. He stated that they have submitted the additional requested information showing that the City believes that the area has been disturbed and are waiting for a response. He noted that staff is also reviewing alternative options should a stormwater pond not be allowed in that area. Finance Director Rigdon had nothing further to report. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 11 of 12 Planning Director Darling noted that the Maple Shores developer will begin work on that site. She stated that she continues to work with the consultant on the Comprehensive Plan with amendments and that should be returned to the Metropolitan Council within the next week. City Attorney Shepherd noted the upcoming hearing for the condemnation of the Strawberry Lake parcel. He stated that after that hearing there should be an order within three to five days. He noted that the valuation hearing will be separate. th City Administrator Nevinski noted the Tonka United tournament which will be held June 9 through th the 11. The Lake Minnetonka Conservation District has updated and released its summer 2023 rules and residents are encouraged to check that website for that information. He stated that there has been some conversation about Metro Net and stated that staff is attempting to schedule a meeting to discuss the planned deployment. He stated that they are losing a Building Attendants at the Community and Event Center. He commented that there is a need for quick turnaround on filling the position and because it is a budgeted position, the intention of staff is to advertise for the position to get someone on board as soon as possible and come back to the Council for approval after the fact. B. Mayor and City Council Councilmember Sanschagrin commented that the park tour that was rescheduled will take place the following night. He provided an update on the last LMCC meeting he attended noting that the organization is not covering its costs. He stated that there are three options that will be presented to each member city. Councilmember Maddy had nothing further to report. Councilmember Callies commented that staff did a great job at the recent recycling event. Mayor Labadie commented that she was also at the event and provided a brief summary of the collection and reuse. She thanked public works for assisting with that event, along with other staff members. She commented that last week she hosted Walk with the Mayor which was a success and will continue next year. 10. CLOSED SESSION Pursuant to Minnesota Statutes, section 13D.05, subdivision 3(b), as permitted by Attorney Client Privilege, the City Council will be moving into a Closed Session to discuss Alex and Elena Ugorets v. City of Shorewood, et al. Labadie moved, Maddy seconded, Recessing the City Council Regular Meeting to a Closed Session at 9:27 p.m. Motion passed 4-0. The meeting was Reconvened at 10:40 p.m. 11. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of May 22, 2023, at 10:41 P.M. Motion passed 4-0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 22, 2023 Page 12 of 12 ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Approve PT Administrative Assistant Hire: Melissa Strandmo 2D Meeting Date: June 12, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Attachments: None Background: The city most recently recruited qualified candidates for the PT Administrative Assistant position. The city received five applications for the position, which closed on May 15, 2023. Staff interview four candidates for the position. In a unanimous decision, it was agreed to offer the position to Melissa Strandmo. Melissa is well-qualified, with five years of experience in a fast-paced Real Estate office supporting agents and their businesses and nine years’ customer service in the retail industry. Melissa has a Bachelor’s degree from Indiana University of Pennsylvania in Fashion Merchandising and Marketing and a minor in Economics. Melissa has successfully passed a background investigation. We are enthusiastically looking forward to adding Melissa to our team and are excited to see her contributions to our entire organization. Financial Considerations: Staff is recommending Melissa’s compensation rate be set at Grade 5, Step C of Shorewood’s Compensation Plan of $23.39 per hour based on a 20-hour work week. The position will be reviewed at the 6-month anniversary for consideration of permanent appointment. The position is non-exempt, PERA eligible, and receives pro-rated vacation, sick, and holiday pay, short-term and long-term disability, and basic life insurance. Action Requested: Staff respectfully recommends the city council approve Melissa Strandmo’s hire as a probationary employee in the capacity of PT Administrative Assistant for the City of Shorewood. Motion, second and simple majority vote required. If the council approves her appointment, Melissa’s first day of employment will be June 14, 2023. 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: Approve Addition of Juneteenth Holiday to City Calendar 2E Meeting Date: June 12, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: Resolution Establishing Juneteenth as a City Holiday Background: Juneteenth commemorates the end of slavery in the United States. This past legislative session th the State of Minnesota established June 19 as a state holiday and set the commencement of its recognition in June 2023. The holiday was initially anticipated to be recognized starting in June of 2024 without impacting the city calendars, but changes in late in the session modified the start date for the holiday. Like other holidays, such as President’s Day or Martin Luther King th Day, no official City business can be conducted on June 19. Financial or Budget Considerations: Juneteenth was not included in the City’s 2023 budget as a paid holiday. The cost to the City is approximately $10,645. Action Requested Motion to approve the attached resolution establishing Juneteenth as a City Holiday. A majority vote by the Council is 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 RESOLUTION 23-056 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION ESTABLISHING JUNETEENTH AS A CITY HOLIDAY ) WHEREAS, Juneteenth (June 19 has been recognized as a new federal holiday celebrating freedom from slavery in the United States; and WHEREAS, the State of Minnesota outlines holidays in State Statute and after being duly passed in both the House (HF 48) and the Senate (SF 13), the Governor signed the bill into law on February 3, 2023 recognizing Juneteenth as a state holiday; and WHEREAS, Juneteenth commemorates the end of slavery in the United States; and WHEREAS, the bill was originally slated to go into effect on August 1, 2023, which would not have affected the 2023 existing holiday calendar and council meeting schedules for the current calendar year; and WHEREAS, the Legislature on May 22, 2023 made the law effective immediately, the City of Shorewood will recognize Juneteenth as a holiday beginning June 19, 2023; and WHEREAS, the Shorewood Personnel Policy shall be amended with the addition of Juneteenth as an observed holiday. NOW THEREFORE, BE IT RESOLVED, the Shorewood City Council establishes Juneteenth (June 19) as a City of Shorewood holiday with the closure of City offices; and the date and rules of observance of the holiday shall be as specified in Minnesota Statutes as written and/or amended in §645.44. th Passed and duly adopted by the Council of the City of this 12 day of June, 2023. ______________________________ ATTEST: Jennifer Labadie, Mayor _______________________________ Sandie Thone, City Clerk Item 2F City Council Meeting Item Title/Subject: Approve Modification to SCEC Kitchen Rental Rates Meeting Date: June 12, 2023 Prepared by: Stephany Vassar, Recreation Specialist Janelle Crossfield, Parks and Recreation Director Reviewed by: Marc Nevinski, City Administrator Attachments: Market Analysis Resolution Background: Discussion of the increased inquiries and bookings of kitchen rentals took place during the Work Session on May 8, 2023. Staff have received inquiries particularly from renters that are seeking a “home base kitchen” for their operations. During conversations with potential renters, staff found that the existing pricing structure did not offer the options that other locations provide. Staff conducted a market analysis of five metro area rental kitchens and evaluated various benefits, different pricing structures and staff resources available for administering kitchen rentals. That analysis is attached. All locations reviewed offer amenities such as walk-in coolers, freezers and commercial equipment. While the Shorewood Community and Event Center does not offer these amenities, one of our greatest assets is the location as kitchen renters conducting business in the Lake Minnetonka/West metro area do not need travel great distances, often with traffic, to food prep. Staff recommends retaining the current hourly rate for one-time or intermittent users, and adding three tiers of kitchen rental usage rates, plus a storage fee. Hourly (Current) $30/hr for one-time/intermittent users Tier 1: 0-16 hours monthly, $350/month Tier 2: 17-49 hours monthly, $600/month Tier 3: Unlimited, $950/month Storage Fee $50 monthly for one storage space, $25 per additional space Financial Considerations: A revised rate structure is expected to result in more revenue and operational efficiency. Action Requested: Motion to approve the attached resolution updating the kitchen rental fees. A majority vote by the Council is required. Market Analysis – Kitchen Rental May 2023 WALK-IN FREEZER SPECIALTY RENTAL RATES COOLER EQUIPMENT 1 1 Commercial slicer, Tier one is 10 hours a month/$250 per month mixers, 30-gallon tilt Tier two is 30 hours a month w/ storage, either skillet dry shelves or in walk in/ $750 per month Tier three is 40 hours a month plus storage use of 4 shelves in either the dry or walk in/$1000 per month Tier 4 is 100 hours a month with the addition of access to more space for supplies/$2500 per month Tier 5 is unlimited access to the kitchen, varied price 1 1 Warehouse storage, Hourly rate is $20/hr (10 hr/month minimum). vacuum sealer, stand After first 10 hours, the rate is $17/hr, 24/7. mixers Membership: 10 hr/month minimum and a $200/month pre-paid membership fee. $30/month cleaning/supplies fee. 1 1 Deep fryer, proofer, Monthly service fee where more hours equals a char broilers lower the price per hour. 0-20 hours a month is priced at $25 hourly, 21-50 hours a month priced at $20 hourly, 51-99 hours a month is priced at $15 hourly. Additional Fees: scheduling fee: $20 monthly, dry storage shelf $20 monthly, and full rack is $60 monthly, cold storage $30 monthly 1 1 Tilt Skillet, Warehouse Minimum of $590 for five days of use per month storage, Box sealer, however pricing may vary due to use and size of more aligned with food operations. production/distribution 1 1 Industrial coffee $10 monthly member rate, then $20 hour if maker, fryer, vacuum under 10 hours a week, $16 hour if over 10 hours sealers per week. Shorewood Community and Event Center Current 0 0 N/A $30 hour up to 4 hours, $175 for 4-8 hours, over 8 hours add $30 per hour. $50 monthly for one storage space, $25 per add’l CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-057 UPDATE TO 2023 CITY MASTER FEE SCHEDULE PERTAINING TO KITCHEN RENTAL FEE AT THE SCEC The City of Shorewood and its activities as a municipality requires setting forth fees and charges to reimburse the city for administrative and other expenses related to the issuing of permits, licenses, and other services; and must maintain a relevant schedule of fees and regularly audit their effectiveness. Cities should consider three things when setting fees: 1) Cities should not view fees as a significant source of revenue, rather fees must approximate the direct and indirect costs associated with issuing the license, permit, or service and with policing, regulating, or administering the service or licensed activities; 2) The fee amount should sufficiently reimburse the city for all of the expenses related to the license regulations or providing the service but should not cover other unrelated expenses; 3) Fees should be set based on the city’s particular situation and not based solely on what other cities have found reasonable. The City Council discussed kitchen rentals at its work session on May 8, 2023. Staff performed a local comparison study of fees for commercial kitchen rental and proposes the following fees structure for kitchen rental at the SCEC: Hourly (Current) $30/hr for one-time/intermittent users Tier 1: 0-16 hours monthly, $350/month Tier 2: 17-49 hours monthly, $600/month Tier 3: Unlimited, $950/month Storage Fee $50 monthly for one storage space, $25 per additional space NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the Updated 2023 City Master Fee Schedule including the updated kitchen rental fees. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of June 2023. _______________________________ ATTEST: Jennifer Labadie, Mayor _________________________________ Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Approve Public Works Seasonal Hire: Kevin House 2H Meeting Date: June 12, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Matt Morreim, Public Works Director Attachments: None Background: On February 27, 2023 City Council approved the recruitment for two Public Works Seasonal positions. Each year the Public Works department hires temporary seasonal workers who perform maintenance in the city’s parks and other duties as assigned. One previously hired employee for the position withdrew due to an injury and subsequent surgery. On Thursday, June 1, 2023, staff interviewed candidate Kevin House for the seasonal Public Works position. Kevin has experience working as a landscaper, subcontractor performing general residential maintenance, and as a field and rink attendant. He is currently pursuing his Class B Commercial Driver’s License (CDL). He has a 2-year Associates of Arts degree from North Hennepin Community College. Financial Considerations: As delineated below and planned for in the 2023 Budget. Action Requested: Staff respectfully recommends the city council approve Kevin House’s appointment, as Public Works Seasonal working full-time at the rate of $18.00 per hour, based on your approval and a successful background check. This temporary, seasonal position is not eligible for benefits and is exempt under the seasonal 185-calendar day limit for PERA. Kevin’s start date will be June 13, 2023. 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 Item 2I City Council Meeting Item Title/Subject: Accept Resignation of Community Center Attendant and Approve Recruitment for Position Meeting Date: June 12, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Janelle Crossfield, Park/Recreation Director Marc Nevinski, City Administrator Attachments: None Background: Staff received the resignation and 2-week notice of Part-Time Community Center attendant Grace Brisley on May 21, 2023 which is effective June 4, 2023. Grace worked in the capacity of Community Center Attendant since March 5, 2023. She was working two positions concurrently and left to focus solely on her other employment. The Community Center historically has employed approximately 3-4 community center attendants who perform various duties including receptionist duties, opening and closing the center, and administrative responsibilities. The hours for the position vary depending on the center’s scheduled activities and do include evenings and weekends. The center currently has two part-time attendants and one recreation specialist. Staff seeks approval to recruit for and adequately add staff to cover the various activities and rentals at the Center. A typical work week for part-time community center attendants is 12-15 hours per week. The position is classified on the city’s compensation schedule as Grade 1 with a pay range of $13.23 to $19.84 per hour. Financial Considerations: No change expected. Action Requested: Staff respectfully recommends the city council accept Grace Brisley’s resignation, and approve recruitment for replacement of her position as part-time Community Center Attendant for the Shorewood Community and Event Center. 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 Item 2J City Council Meeting Item Title/Subject: Approve PT Community Center Attendant Hire: Oliver Williams Meeting Date: June 12, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Janelle Crossfield/Park and Recreation Director Reviewed by: Marc Nevinski, City Administrator Attachments: None Background: The city most recently recruited candidates for the PT Community Center Attendant position. As the programs and rentals increase, Staff has observed that current staffing levels are not adequate to cover the demand. Without additional attendants to cover these shifts, programs and rentals would have to be limited to current staffing capacities. An offer of employment was extended to Oliver Williams in the capacity as Community Center Attendant. Oliver is a Shorewood resident and has successfully passed a background investigation. We are enthusiastically looking forward to adding Oliver to the SCEC Team! Financial Considerations: The position is classified as Grade 1 on the Shorewood’s Compensation Plan with a range of $13.23 to $19.84 per hour. The position is non-exempt and does not qualify for benefits. Action Requested: Staff respectfully recommends the city council approve Oliver Williams’ hire in the capacity of Community Center Attendant for the City of Shorewood. 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: Authorize Execution of Hennepin County Regional Rail Authority 2K Permit (HCRRA) for Strawberry Lane Meeting Date: June 12, 2023 Prepared by: Andrew Budde – City Engineer Reviewed by: Matt Morreim – Public Works Director Attachments: HCRRA Permit Background: Staff has been in coordination with Three Rivers Park District (TRPD) and Hennepin County Regional Rail Authority (HCRRA) related to the Strawberry Lane roadway crossing of the Lake Minnetonka Regional Trail which is owned by HCRRA and maintained by TRPD. A permit is required for Shorewood to be able to construct storm sewer pipes with the HCRRA right of way. Financial or Budget Considerations: $750 permit fee which has been accounted for in project budgeting. Action Requested: A motion authorizing city staff to sign and execute the permit. 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: Approve Drainage & Utility Easement Agreement 2L City Project 21-01 Meeting Date: Monday June 12, 2023 Prepared by: Andrew Budde – City Engineer Reviewed by: Matt Morreim – Director of Public Works Attachments: Memo of Understanding, Easement Document, Resolution Background: In November 2023 the city council awarded the Birch Bluff Improvements Project to New Look Contracting and construction has started on the east phase of the project. The project requires the acquisition of a permanent drainage & utility easement to be able to construct a storm water pond to meet the project permitting requirements. The city has completed an appraisal for the property acquisition and has negotiated a Memo of Understanding (MOU) with the property owner located at 26045 Birch Bluff Road. Staff are seeking approval from the council on the MOU to be able to process payment to the property owner and record the easement. This is the only permanent drainage & utility easement required for the project and their mortgage company has already signed and approved the agreement. Staff are continuing to work on various encroachment agreements for retaining walls withing city right of way and will be approved at a future meeting. Financial or Budget Considerations: Costs for this work have been budgeted for in the Capital Improvement Plan (CIP) and would utilize a combination of Street & Utility Bonds, Water Fund, Sanitary Fund, and Storm Sewer Fund. The city has budgeted $5,668,000 for this project in the CIP. The projected total project costs, which include the amount bid for construction and accounting for engineering, administration, permitting, and right of way acquisition is $5,222,000. Action Requested: Staff recommends the City Council adopt the Resolution as submitted that approves the Memo of Understanding with 26045 Birch Bluff Road. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-059 A RESOLUTION APPROVING BIRCH BLUFF IMPROVEMENT PROJECT EASEMENTS CITY PROJECT 21-01 WHEREAS, the City of Shorewood (“City”) authorized the preparation of Plans & Specifications for the Birch Bluff Improvements Project, City Project 21-01; and WHEREAS, the City of Shorewood (“City”) approved the Plans & Specifications for the Birch Bluff Improvements Project and awarded the project November 14, 2022; and WHEREAS, the City has acquired one drainage & utility easement at 26045 Birch Bluff Road with a Memo of Understanding (MOU) agreements to accommodate the construction for the project; and WHEREAS, the project is included in the 2023 Capital Improvements Plan and will fund the project through a combination of Street & Utility Bonds, Water Fund, Sanitary Fund, and the Stormwater Fund; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby approves the Memo of Understanding with 26045 Birch Bluff Road for the Birch Bluff Improvements Project and authorizes recording and payment. Adopted by the City Council of Shorewood, Minnesota this 12th day of June 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Adopt Resolution Approving a Special Assessment 2M 25530 Birch Bluff Road Meeting Date: June 12, 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 25530 Birch Bluff Road 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 waive 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 25530 Birch Bluff Road 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 THIS AGREEMENT is made this 12th day of June, 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 BRUCE W. FIEDLER AND CYNTHIA K. FIEDLER, TRUSTEES OF THE CYNTHIA K. FIEDLER REVOCABLE TRUST, DATED MARCH 3, 2014 (“TRUST” or “OWNER”). RECITALS WHEREAS, the OWNER is the owner of the real property located at: 25530 Birch Bluff Road, Shorewood, MN, 55331; PID: 28-117-23-33-0006, legally described as follows: West 75 feet of Lot 2, Grantville, Hennepin County, Minnesota (“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. 226733v1 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. 7. 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. \[Remainder of page is intentionally left blank. Signature pages follow.\] 226733v1 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 _________________________ was acknowledged before me this ______ day of __________________, 20___, by Bruce W. Fiedler and Cynthia K. Fiedler, Trustees of The Cynthia K. Fiedler Revocable Trust Dated March 3, 2014, on behalf of the trust. ____________________________________ Notary Public 226733v1 CITY OF SHOREWOOD RESOLUTION NO. 23-061 A RESOLUTION APPROVING AND ADOPTING A SPECIAL ASSESSMENT WHEREAS, Bruce W. Fiedler and Cynthia K. Fiedler, Trustees of the Cynthia K. Fiedler Revocable Trust, dated March 3, 2014 (“Owner”) has requested that the Shorewood City Council specially assess water access charges that affect Owners’ property at 25530 Birch Bluff Road, Shorewood, Minnesota (PID 28-117-23-33-0006) 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. 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. 226734v1 th Adopted by the City Council of the City of Shorewood on this 12 day of June 2023. ___________________________ Mayor Jennifer Labadie ATTEST ______________________________ Sandie Thone, City Clerk 226734v1 Exhibit A Legal Description West 75 feet of Lot 2, Grantville, Hennepin County, Minnesota 226734v1 Exhibit B \[Assessment Agreement\] 226734v1 City Council Meeting Item Item Title/Subject: Fall and Winter 2022-23 Photo Contest 4A Meeting Date: Monday, June 12, 2023 Prepared by: Eric Wilson, Communications & Recycling Coordinator Reviewed by: Sandie Thone, City Clerk/Human Resources Director Attachments: 2022-23 Fall & Winter Photo Contest Winners PPT Background: On November 16, 2017 the city rolled out its first photo contest and five years later we have just completed our eleventh bi-annual Community Photo Contest. The goal of the latest contest was for participants to submit photos that show off the joy of living in Shorewood in the Fall and Winter months. The contest entrants submitted photos in the following four categories: (1) Fall Delights, (2) Winter Wonder, (3) People and Pets, (4) Wildlife Winners in each category will have their photos framed and displayed at City Hall or the Shorewood Community & Event Center and will each receive a framed print. Submissions were received from the first day of Fall 2022 and due by the last day of Winter 2023. We had 23 total submissions. City Hall staff voted anonymously. The winners of the Fall/Winter 2022-23 photo contest are as follows: Fall Delights Category: Fall Submissions, Submitted by Christine Hall Winter Wonder Category: Stunning Winter Snow on Sweetwater, Submitted by Carrie Massine People and Pets Category: Photo: Paddle Boarding, Submitted by Molly Bragg Wildlife Category: Stoic Green Heron, Submitted by John Felix Makey Summary of Public Engagement: All photo submissions have been posted to the city website. Winners were announced via social media (IG, FB, Nextdoor). An ad was placed in the June Shore Report to encourage readers to check out social media and the website to view winning photos. Stats (total across social media): 895 impressions; 899 reach; 273 engagements Financial or Budget Considerations: N/A Action Requested: N/A 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 Item 4B City Council Meeting Item Title/Subject: Fireworks Presentation – Excelsior Chamber of Commerce Meeting Date: June 12, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: NA Background The Excelsior Chamber of Commerce coordinates the annual fireworks display on the Fourth of July in Excelsior. Tiffany King, Executive Director of the Chamber, will present an overview of the 2023 event. Financial Considerations The 2023 budget includes $7500 for fireworks. Action Requested Motion to authorize the payment of $7500 to the Excelsior Chamber of Commerce for the 2023 fireworks display. A majority vote by the Council is 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 Item 8A City Council Meeting Item Title/Subject: Appointment to Minnetonka Community Education Advisory Council Meeting Date: June 12, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: Resolution Background The Minnetonka Community Education (MCE) Advisory Council advises and supports the MCE Executive Director by providing input on current and potential programming, and on community needs and interests. The advisory council serves as a forum for discussion of community opportunities and challenges. Members actively participate in four to five meetings per year. Furthermore, members advocate for Minnetonka Public Schools, and the Minnetonka Community Education program to neighbors, friends and community members and volunteer as time permits. Appointment to this advisory board is historically an annual appointment by the City. Currently the seat is open and the term expires January 31, 2024. The MCE Executive Director has expressed the importance and value of the advisory board to Community Education. Following adver?sement of the opening in the City newsle?er, social media, webpage, and message board, the City Council conducted interviews on June 12, 2023 of one interested applicant. Financial Considerations None Action Requested Motion to adopt the attached resolution appointing _____________________________ to the Minnetonka Community Educa?on Advisory Council. A majority vote by the Council is 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 OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-060 A RESOLUTION MAKING AN APPOINTMENT TO THE MINNETONKA COMMUNITY EDUCATION ADVISORY COUNCIL WHEREAS, the City has several boards and commissions that it routinely appoints residents to represent the City on; and WHEREAS, the seat on the Minnetonka Community Education Advisory Council is currently open; and WHEREAS, the City advertised the opening through a variety of media and formats encouraging interested residents to apply; and WHEREAS, the one applicant was interviewed by the City Council at a work session on June 12, 2023; and WHEREAS, the term is a one year term and is set to expire January 31, 2024; and WHEREAS, the City Council recommends appointing the following individual to fill the Minnetonka Community Education Advisory Council seat: Minnetonka Community Education Advisory Council ____________ ____________ Term: June 12, 2023 to January 31, 2024 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA that the Council approves the appointment as recommended. Adopted by the City Council of Shorewood, Minnesota this 12th day of June 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk Item 8B City Council Meeting Item Title/Subject: Approve List of Comparable Cities – 2023 Compensation Study Meeting Date: June 12, 2023 Prepared by: Marc Nevinski, City Administrator Reviewed by: Sandie Thone, Human Resources Director/City Clerk Attachments: List of Comparable Cities Background In May the Council authorized a contract with David Drown Associates to complete a compensation study for the City of Shorewood to ensure the City’s compensation is aligned with the market and that compensation is fair and equitable. It was noted at that time that the Council will have several opportunities to influence the study. One of the first opportunities is to confirm the list of communities Shorewood will be compared to in the study. While no two communities are identical, staff has compiled a list of cities with some general similarities to Shorewood and noted some basic comparable characteristics. Council may wish to add or delete cities from the list. Additionally, DDA recommends the study include a “spotlight” city. This city’s data will not be included with that of the comparable cities, but rather will provide a reference point. Typically, a spotlight city is a larger community with more complex operations and could be a city Shorewood competes with for attraction and retention of employees. Staff is recommending Minnetonka as the spotlight city for this study but Council may select a different city. Financial Considerations There are no direct budget impacts to this matter. Action Requested Motion to approve the attached list of comparable cities, with any modifications, and the spotlight city of Minnetonka to be used to complete the 2023 Compensation Study. A majority vote by the Council is 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