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08-28-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 28, 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___ Zerby___ 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 August 14, 2023 Minutes B. City Council Regular Meeting Minutes of August 14, 2023 Minutes C. Approval of the Verified Claims List Claims List D. Approve Permanent Appointment of Chris Pratley, City Clerk/HR Director Memo Public Works Light Equipment Operator E. Accept Improvements and Approve Final Payment for City Engineer Memo Covington Watermain Improvements, City Project 21-07 Resolution 23-084 F. Accept Improvements and Approve Final Payment for City Engineer Memo 2022 Lift Station Rehabilitation, City Project 21-08 Resolution 23-085 CITY COUNCIL REGULAR MEETING AGENDA Page 2 G. Approve Hire of Shorewood Community and Event Center Parks/Rec Director Memo Attendant H. Approve Deer Management Agreement Planning Technician Memo I. Approve Forte Payment Processing Agreement Parks/Rec Director Memo J. Setting the Truth-in-Taxation Public Meeting Date Finance Director Memo Resolution 23-086 K. Approve Concessions Agreement Fall 2023 Parks/Rec Director Memo L. Approve Extension of IT Services Contract with Warner Connect City Administrator Memo M. Accept Quote and Award Contract for Drainage & Utility City Engineer Memo Improvements, City Project 23-05 Resolution 23-087 N. Adopt Amended South Lake Minnetonka Police Department City Administrator Memo Joint Powers Agreement Resolution 23-088 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. Report by Commissioner Wenner on July 25, 2023 and August 22, 2023 Minutes Park Commission Meetings B. Authorize Municipal Consent for Mill Street Trail Corridor Planning Director Memo Resolution 23-089 6. PLANNING A. Report by Commissioner Eggenberger on August 1, 2023 Planning Minutes Commission Meeting CITY COUNCIL REGULAR MEETING AGENDA Page 3 B. Approve Rezoning/Final Plat for Lake Park Villas PUD Planning Director Memo Ordinance 601 Resolution 23-090 Resolution 23-092 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Approve Tobacco License: Shorewood Tobacco City Clerk/HR Director Memo Resolution 23-091 9. STAFF AND COUNCIL REPORTS A. Staff 1. Review and Update of West Side Drainage Study and City Engineer Memo Shorewood Lane Ravine B. Mayor and City Council 10. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, AUGUST 14 , 2023 5:15 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 5:15 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin and Zerby; City Attorney Shepherd; City Administrator Nevinski; Parks and Recreation Director Crossfield; 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 Sanschagrin moved, Maddy seconded, approving the agenda as presented. Motion passed 5/0. 2. 2024 Preliminary Budget Finance Director Rigdon gave an overview of the 2024 preliminary budget and proposed property tax levy information. He noted that tonight’s meeting was the first of two meetings dedicated to this topic of discussion and explained that the next one would be held on September 11, 2023. He reminded the Council that the property tax levy must be certified to the County by September 30, 2023 after which time it can be decreased, but not increased. He reviewed the preliminary budget figures and noted that the City is currently undergoing a compensation study, which could result in changes, but the current assumptions are based on the existing 2023 rates. City Administrator Nevinski stated that staff had met with the consultant this afternoon and based on this information they are anticipating about a $40,000 impact to the budget based on the preliminary numbers they have received from the compensation study. He explained that they had received this information too late to have it included in the report, but asked that the Council keep this in mind as they proceed with their discussion. Finance Director Rigdon reviewed the assumptions that are personnel related included new positions, step increases for pay, cost of living adjustments, and an expected increase in health insurance premiums. He reviewed General Fund expenditures and transfers out and explained that recommendation to work to structurally balance the General Fund budget with revenues equaling expenditures without the use of reserve funds. He noted that the City is estimated to received $342,503 in December from the State for Public Safety Aid. He reviewed the proposed property tax levy which is currently 10.6% higher than the 2023 levy and noted that the tax capacity is estimated at about a 10% increase. He explained that property owners with no change in market values should experience about a 0.9% increase in the City portion of their overall property tax bill. He stated that this tax rate is still pretty low in comparison with many other cities CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 2 of 14 in the surrounding area. He shared examples of City property taxes for homes that had a 5%, 10%, and 15% increase in market value. He reviewed budget details for the Shorewood Community and Event Center as well as Enterprise Funds. He stated that staff would like some direction from the Council on where they would like to go with this information and what they would be comfortable with. He explained that currently the preliminary budget included a 10;6% increase in the total property tax levy, but noted that if they include the impact of the recent compensation study, that would increase it to about 11.3%. He noted that the City had not had to use reserve funds for the last several years and reviewed the options for the use of General Fund surplus reserves. Mayor Labadie commended Finance Director Rigdon and staff for how well this information was laid out for Council review. Councilmember Callies asked for an explanation of the tax capacity versus market value information and why it was important. Finance Director Rigdon stated that it is very important because the levy is based on the calculations of the valuations. He stated that the valuations for 2024 were done in early 2023 and that is shown as market value and they are multiplied by class rates which are established by the legislature. He stated that these are basically a percentage of the market values and explained that tax capacity is very important. Councilmember Callies stated that there was a lot of discussion this past year about how much the tax assessed values had increased and asked what the average increase was for market values in the City. Finance Director Rigdon explained that some values went up over 25-30% and in comparison they are proposing a 9.2% increase in valuation as compared to 26.2% last year. He stated that he understands that is still a lot of money even though it went down quite a bit. Councilmember Sanschagrin asked if the $342,000 in Public Safety Aid was already included in the budget. Finance Director Rigdon stated that it was not, but explained that there will be an option to include it in 2024 and defer the revenue until that time, even though it will be received in 2023. He stated that the Council may want to talk about using these funds for operations as well as personnel. City Administrator Nevinski stated that salaries are an eligible use of the Public Safety dollars from the State, but shared that his concern with that if the City starts to use these funds to sort of ‘buy down’ the levy, at some point they will have to face the fact that the levy has been kept artificially low, which means there will eventually be a bigger jump. Councilmember Zerby asked what the City’s average property value was at this point. Finance Director Rigdon stated that for 2023 was between $600,000-$700,000 and would assume it went up a bit for 2024. Councilmember Zerby stated that it would be nice to change the table in the future to more accurately reflect the average property value in the City rather than starting the table at $200,000 value because that is somewhat unrealistic for the area. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 3 of 14 Councilmember Sanschagrin asked about the $102,300 that is transferred every year and asked about the logic behind this decision. Finance Director Rigdon stated that the City was originally levying $70,000 for the transfer and then they started doing a CIP budget, so they took the first years total which was the $102,300, less then $70,000. He stated that there is nothing really magical about it anymore and they could look at this again. Mayor Labadie asked Finance Rigdon to continue his review of the preliminary budget details. Finance Director Rigdon gave a high level review of the CIP projections and explained that things are looking a little rough. He explained that they are looking at the opportunity of taking care of this because there is an Equipment Fund that will come up short without some source of revenue. He stated that they are contemplating looking at some reserve transfers out of the General Fund. He gave a brief overview of the Shorewood Community and Event Center, park improvements, equipment replacement, street improvements, and utility funds. City Clerk/HR Director Thone summarized her five budgets and highlighted areas where there was a change from last year’s budget. Her budgets include City Council; Administration; Elections; Municipal Buildings; and Recycling Utility. She explained that the only information that will be included in her summary for tonight’s meeting were items that changed from the 2023 budget. If budget line items remained the same, she did not highlight them for the Council’s review. City Administrator Nevinski clarified that he had requested that staff use the opportunity to highlight changes or shifts in the proposed budget and not to show detail for every line item. Councilmember Zerby asked what or who the City’s biggest contractual services were for. City Clerk/HR Director Thone explained that there are several contract services that equate to approximately $5,000 to $7,000 per year, such as TimeSavers, the city website, newsletter mailing fees, and SeeClickFix, among others. She stated that much of the budget increase projected in contractual services is to secure a new city website. Councilmember Callies stated that in terms of printing costs, she thinks this may be something that they should ask the legislators to change the policy. She stated that she feels that publishing things in the newspapers is truly pointless, which means the City is spending all this money for nobody to read the information. City Clerk/HR Director Thone stated that she completely agreed with that thought. Councilmember Sanschagrin stated that he knows that many residents like the Shore Report but wonders what their opinion would be if they knew how much it cost the City. He questioned whether they may be interested in moving to paperless delivery because he thinks that would reduce the City’s costs by about $13,000 between printing and mailing costs. Mayor Labadie stated that she would be against cutting it out altogether because this is the only information that is guaranteed to get to every household and not everyone is internet savvy. She noted that the residents at The Landings really like the Shore Report and believes that those that CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 4 of 14 live in Shorewood Ponds also like it. She explained that if they cut it out altogether they run the risk of losing an entire demographic section of the residents that actually reads the information, but agreed that it is expensive. She noted that she would be open to discussing some possible cost saving measures such as switching from monthly to bi-monthly distribution. Councilmember Sanschagrin clarified that he was not implying the City should discontinue this, but give people at opt out option, if they were capable of accessing the information online. Mayor Labadie noted that was a very good idea because it is available online and could result in a good cost savings for the City. Councilmember Callies noted that a possible problem with moving to a bi-monthly publication is that sometimes there is an event that may come up that they want to include. She asked what the wellness initiatives were for staff. City Clerk/HR Director Thone explained that typically they have been holding an event once every month or two and gave the examples of a mental health awareness event they held in May where they had bingo and a lunch in order to get people to think about things that will help them stay healthy. Councilmember Callies asked if there was anything through the League of Minnesota Cities, that the City could pull speakers from for this type of event that could be free or for a minimal cost. City Clerk/HR Director Thone stated that she was not sure if they have free services but that it was a good resource for contacts. She noted that with their benefit vendors, they have had some good luck getting people to the City for free, but she can check into options for other wellness opportunities. Councilmember Callies explained that she was supportive of having programs like that for employees. City Administrator Nevinski stated that they have done a number of self-funded events as well, such as the chili cook-off and others that have relatively modest costs. He stated that it is one of the areas that the legislature has indicated that there is a public purpose in those sort of expenditures and noted that he feels that some degree of appreciation and investment in wellness for employees is an important part of maintaining a healthy organization. City Clerk/HR Thone noted that across the board, prices have gone up and the City is feeling it just like everyone else. City Administrator Nevinski noted that the City’s systems are becoming dated, but are not yet obsolete. He stated that the City could look at spacing some of these costs out over the next several years. Mayor Labadie asked about what City Clerk/HR Director Thone meant when she said that the IT changes were recommended. She stated that when the SLMPD recommended upgrading their system, it was because there were concerns about security for things like maintaining evidence and records/logs. She stated that version of ‘recommended’ translated to her in all caps and red letters and asked if the recommended IT changes from City Clerk/HR Director Thone were also CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 5 of 14 in all caps/red letters. She asked if the recommendation was from a staff level because they were worried about things crashing and becoming outdated. City Clerk/HR Director Thone stated that she believes that $20,000 of the proposed upgrades will be needed in the next year or two. She stated that there are things, like the phones, that could be phased out over the next three years. She stated that without the IT upgrades the City’s capacity will be limited and leave the system less effective. Councilmember Callies noted that Police Chief Tholen had spoken to the Council about some security upgrades and asked it that was included in this proposed budget. City Administrator Nevinski stated that it was not included and noted that he thinks many of those recommendations are relatively low cost and are things that could come out of the regular operations budget. He stated that doing some of the other items would be more custom, which means more expensive. He noted that staff feels there are opportunities throughout the City to improve things with additional or upgraded security cameras, but suspects that will need to happen further down the road. Mayor Labadie noted that in reviewing the budget numbers, her initial thought was that the Council needs to find a way to bring them down and make some cuts. She noted that Councilmember Sanschagrin had put together a list of typed questions that received answers from City Administrator Nevinski. She noted that one of the first things he had highlighted was a breakdown of needs versus wants and asked staff to keep that in mind as they highlighted some of the proposed changes in their departmental budget information. She stated that her gut feeling is that the City will not be able to do everything that is being presented. Councilmember Maddy asked if the City was running a net negative for the recycling fees, as in the City is paying more for the recycling than the fees are covering. City Clerk/HR Thone stated that the fees currently cover the costs with a little bit of revenue when all is said and done but that the cost of recycling services increases for the city each year although residents have not had an increase in over 20 years. Finance Director Rigdon highlighted the proposed changes in Finance and Professional Services. Mayor Labadie noted that she has had residents ask her if there was a way for the City to get away from involvement with the County Assessor. She asked if there would be any costs savings by going with a private assessor. Finance Director Rigdon stated that there is potential for them to be lowered, but explained that his personal experience has been that there are a lot of small-time firms with just one or two people, so you do not get the back up service that you can get with the County. He stated that it is something that the City would look at more closely. Councilmember Sanschagrin asked if the County based their fees on the number of assessments or if it was just a blanket fee based on number of households. Finance Director Rigdon stated that he did not know how this fee was determined. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 6 of 14 Planning Director Darling highlighted the items under the Planning and Protective Inspections areas and gave an explanation of her request for a half-time administrative assistant and also additional funds under contractual services in order to continue updating the City’s aging zoning and subdivision ordinances. Councilmember Zerby asked if the City needed to take a look at their fees for building permits and applications. Planning Director Darling stated that she expects to have a full proposal for the Council by the end of the year related to that. She noted that one thing she believes needs to be done is to increase the initial escrow application fee so the City does not have to keep going back every month for additional funds. She reiterated the point that was made earlier that costs for everything are going up and believes the City will have to increase some of the application costs as a result. She gave an overview of the types of permits that they are seeing for pools, indoor sport courts, and batting cages. Councilmember Callies asked how the City decides on contracted services for planning consultants and if it was something that they had gone out for bid on. Planning Director Darling stated that they are almost all to the point where the City should really have multiple estimates or quotes for those types of services. She stated that they do not have to be public bids like they do with engineering services, but are high enough that there really should be multiple quotes. City Administrator Nevinski reviewed the highlighted items proposed for Police, and Fire. Councilmember Callies asked why the City was paying for services from the Mound Fire Department. City Administrator Nevinski stated that there are about two hundred homes on the islands that the City cannot reach in a timely manner. Public Works Director Morriem highlighted items that include significant changes in the proposed budgets for Public Works, Ice and Snow Removal, Park Maintenance, Water, Sewer, Stormwater, and the CIP. Councilmember Zerby stated that when the new vehicles are purchased, it would be nice to be able to consider the graphics that are being applied because the City seems to have a pretty inconsistent look on many of the vehicles. He stated that several of the line items that he highlighted contained ‘communications’ which seem to overlap a bit with City Clerk/HR Director Thone’s comments on communications expenses that she had planned for and explained that he was a bit confused why it was showing up in both areas. Public Works Director Morriem stated that many of the communications for Public Works has to do with their facilities, such as lift stations, and not things like mobile phones. Councilmember Sanschagrin stated that in looking at the budget, the historical actual costs have been in the low $200,000 and the budget has been significantly higher than that. He asked if it would make sense to take a closer look and asked if the proposed increases were on top of budget versus actual. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 7 of 14 Public Works Director Morriem stated that he wrote down some notes with the information sent over by Councilmember Sanschagrin. He explained that a lot of what would potentially be proposed for reduction would be staff and cautioned that the City is bringing on more maintenance with the Country Club, the Smithtown Pond area, IPM, and working to keep the parks open more. He explained that if they had less, keeping up on these items would be a challenge. Councilmember Sanschagrin clarified that he was not advocating for a reduction in staff, because he knows they are stretched thin, but it seems as though the budget amounts in the past, prior to Public Works Director Morriem being with the City, have been too high. Public Works Director Morriem reiterated that he believes much of the differences were in staff time and ensuring that they are coded correctly. Councilmember Sanschagrin stated that he also feels as though the Water revenues could be higher, based on trends. City Administrator Nevinski noted that since the Council was running low on time, they could recess this meeting and reconvene following the regular City Council meeting concludes. Parks and Recreation Director Crossfield gave a very brief overview of Parks and Recreation and the Shorewood Community and Event Center. Zerby moved, Maddy seconded, to recess the City Council Work Session meeting. Motion passed 5/0. Mayor Labadie recessed the meeting at 6:45 p.m. and reconvened at 9:20 p.m. Mayor Labadie reminded the Council that they had left off with an initial presentation from the Parks and Recreation Director. She referenced the hand-outs that were distributed by Parks and Recreation Director Crossfield and noted that she had only been able to review one of the hand outs prior to the recess. Park and Recreation Director Crossfield noted that her ‘call to action’ during her time with the City is to grow the Department and gave an overview of the goals included on the second hand out and ways to increase revenue for the City. Councilmember Zerby shared a few ideas that he felt may be opportunities including kitchen start- ups, food trucks, farmer’s market, and car shows. He stated that the City has a nice space with lots of opportunities. Councilmember Sanschagrin stated that it looks like the revenue projected is just a carry over from past years. He stated that Park and Recreation Director Crossfield is doing a lot of great work and is already past that projected amount and asked what her thoughts were on doubling her revenue target. Park and Recreation Director Crossfield explained that with her still being new, she would be nervous to increase it and set expectations that were incorrect. She stated that she had not quite figured out if the City was just not saying no to as many rentals as in the past and noted that it CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 8 of 14 may just be an anomaly. She stated that she may be able to bring those numbers up, but admitted that it made her nervous. Councilmember Callies stated that she thinks there have been some great ideas for programming and noted that she had suggested having an outdoor opera in the park similar to what Theodore Wirth Park does. She stated that she thinks the City should have a discussion about how big they want the Parks and Recreation Department to be because the more programs they have, the more staff they will need and she feels the request for additional staff seems like too much of a jump for her this year. City Administrator Nevinski stated that in the past, the City had former Parks and Recreation Director Grout, but also a lot of assistance from City Hall staff. He stated that with Parks and Recreation Director Crossfield’s position being redefined, there has been some clearer expectations set. He explained that he has struggled a bit with the clarity of what the Council wants this role and this Department to be. He noted that he thinks the hand out distributed by Park and Recreation Director Crossfield is really a good road map for where the City is and what they can be doing. He asked how fast the Council wants to ‘get there’ because, at some point, they will probably need to add more staff and resources. Mayor Labadie stated that she believed that the Council wanted to continue to see the Department continue to grow, but it is all tied into how comfortable they are passing on a double digit tax levy to the residents. She referenced page 23 of the packet and asked about the request for a ceiling mounted projector and how often that amenity was requested. She asked if staff felt the City had lost rental opportunities because of the lack of this equipment. Park and Recreation Director Crossfield stated that she would say the screen and sound system are the items that have the most requests. She stated that the City has lost some rentals and there are a large number of daytime/weekday rentals where they are having seminars or instructional courses and they would benefit most from the availability of this equipment. She stated that there are also pretty frequent celebrations of life where they want to project a slide show that is running photos in the background. Mayor Labadie asked about the nesting tables that were being requested and explained that she understood the thought behind being able to fold them up, but felt that $10,000 sounded like a lot of money. She asked if there was a way to do any of the last three punch items from her list in a more inexpensive manner. Parks and Recreation Director Crossfield stated that there is always a way to do things more cheaply. She stated that the conference tables and chairs were coming up in future CIPs for 2025 and 2026 and explained that she had flipped some of those types of things. She explained that her long term plan is to make the conference room more flexible prior to redoing the activity room which was scheduled for this year. She stated that she thinks they can aim for cheaper than $10,000 or find something used. She stated that she can come back with a recommendation on prioritization of her CIP items at a future meeting and see if she can find different pricing for the tables and chairs. Mayor Labadie asked her to make her recommendation on what will be the most cost effective and help increase rentals. She asked what a wall application would be as part of the refreshing of the restrooms. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 9 of 14 Parks and Recreation Director Crossfield stated that for 2024 they already had $40,000 in the budget and she reduced it down to $30,000. She stated that she made the decision to keep the tile floor in order to help save money so she could move those funds over to the conference room changes because she feels that will really be a game changer for that space. She stated that in the bathrooms there is outdated wallpaper and noted that they receive complaints about the toilet height being very low and, for example, senior users not being able to get up from their very easily. City Administrator Nevinski stated that things are aging in the restrooms and he feels it needs some attention, but does not need a full remodel. Mayor Labadie asked how long ago the City had bought new tables and upgraded the ceiling and painting at that facility. Councilmember Zerby stated that he believes it was around 2018 or 2019. Mayor Labadie stated that it was not that long ago, so in her mind the City has already looked at that building quite extensively and poured a lot of money into it. She asked for an explanation of why the increase in travel conferences and school jumps from $200 to $4,650, including a national conference. She stated that she is having a hard time understanding why the City’s Park and Recreation Director of a City that has less than eight thousand people needs to go to a nation- wide conference. She noted that she does not really care about what cities like Oakland or Virginia Beach are doing and thinks the time would be better spent staying here and learning about what places like Brainerd and Little Falls are doing. Park and Recreation Director Crossfield explained that it is common for directors to go to the national conference because it reaches both smaller and larger cities and is a great way to learn what is coming up, continuing education credits, capital improvement projects, interacting with vendors, and learning what other smaller cities are doing across the nation. She stated that she had attended the conference before when she worked for a small-ish city and found it to be very beneficial. She noted that the State conference is also beneficial but noted that it attracts different vendors and information. She stated that the former Park and Recreation Director did not attend any training which she feels can be beneficial to this position. Councilmember Callies clarified that Park and Recreation Director Crossfield is suggesting, for next year, attending the Minnesota conference instead of the national conference. Park and Recreation Director Crossfield clarified that it is for the NRPA Director’s School rather than the NRPA Annual Conference. Councilmember Callies stated that she agreed with Mayor Labadie on this item because some of these things are really a big step up from our previous staffing had requested. She stated that she would suggest that the City slow down a bit on some of these items but noted that she understood that this is a professional position and that Park and Recreation Director Crossfield wants to advance. Councilmember Zerby stated that he believes that the desire of past Councils was for the Community Center to be economically self-sufficient and to make sure that it at least breaks even. He stated that he believes the intent was for the City to subsidize it for a period of time but not for CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 10 of 14 it to be permanent. He stated that he would like to get a balanced budget for the Community Center as soon as possible and wants it to be less of a burden on the taxpayers. Councilmember Callies noted that the Community Center is just part of what they are talking about and stated that in the information being presented the Parks and Recreation portion is the smaller part of what has been presented. She stated that this may need to be a topic of discussion for a future meeting. Mayor Labadie asked about Park and Recreation Director Crossfield’s second document she presented she indicated CIP as large projects of athletic fields and turf. She stated that her information indicated that one of the organizations is interested in two turf soccer fields in Freeman and asked who had approached that City and if they shown the City any money for this request. Park and Recreation Director Crossfield stated that three athletic associations are interested in having artificial turf fields and are willing to donate money, but admitted that the actual amount they would be willing to contribute has been difficult to get from the associations. City Administrator Nevinski stated that the interest is there, but the trick is to pull everyone together, complete the planning, find grant funds but suspects that there will be a request for the City to commit some funding as well. He stated that this is very early in the discussion process and this is just information for the Council to be aware that there is interest and may be something that they want to pursue. Mayor Labadie asked if the City could approach County Commissioner LeTondresse about getting some help in this area. Planning Director Darling stated that the County grants that the City has used were for $25,000 for Badger Park and also $25,000 for Silverwood Park. She stated that the DNR grants have been the ones that have funded the most, for example $150,000 for the lacrosse field and $150,000 for the Badger Park rehab project. Councilmember Sanschagrin stated that he has had residents ask him if they were able to donate to the parks for specific things. Park and Recreation Director Crossfield stated that they do have a donation process, where people can submit their donation and then it is reviewed and approved by the Public :Works Director and the Council. She stated that she is sure there is a way to accept a cash donation as well. Councilmember Sanschagrin stated that the resident was specifically wondering about donating money to help defer the costs expended by the Public Works Department for watering at Manor Park. City Administrator Nevinski stated that if someone wanted to make a donation to the City and specify it to be used that way, he thinks that would be fine. He noted that there would have to be a resolution and it be acknowledged by the Council. Councilmember Callies stated that the City, at one point, had the Shorewood Park Foundation, but she was not sure if they were still active or not, but it was an entity for this type of purpose. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 11 of 14 Planning Director Darling noted that the Park Foundation formally disbanded just before Park and Recreation Director Crossfield started with the City. Mayor Labadie asked for Council comments on the budget reports that were given by staff. Councilmember Zerby stated that he was not in favor of a double digit budget increase and suggested that they find a way to get it down below ten percent. Mayor Labadie stated that she agreed. Councilmember Callies stated that she would also like to see it below ten percent and, for example, did not think the Council needed iPads for the upcoming year. She asked if there may be ways to cut costs and go paperless without that purchase. City Administrator Nevinski stated that doing anything electronically will be much more efficient. He stated that if the Council was comfortable using their own tablet or device, he thinks that would be appropriate. Councilmember Callies explained that the issue is that now this is government data so somebody could request your laptop for a data practice request. Councilmember Zerby noted that the agenda packets are put online for the public which is the same information that is printed and handed to the Council. Councilmember Maddy explained that he reads his City e-mails on his personal computer, but it is through his City e-mail account which has nothing to do with his computer itself. Mayor Labadie explained that if the City had a request come in and they are doing things from their phone or work computer, it could get requested that they release the phone, computer or its hard drive. City Clerk/HR Director Thone stated that this was correct and why they try to separate those things. Mayor Labadie stated that she expects this to be a rare occurrence, but noted that the City has had many data practice requests. Councilmember Callies stated that she was not suggesting that staff e-mail the Council the packet and then the cost would be transferred to them individually to print out the pages. City Administrator Nevinski stated that they could have conversations about what works for them because some of them may be comfortable looking at it electronically versus a hard copy. He noted that one thing that may be helpful for staff is the Council’s thoughts on bigger expenses, for example, if the Council has goals or certain things that they think are important to focus on and what they feel is less important. He stated that if they can give them this information, they can go back and rework some of the numbers and bring back something that hits their target a bit better but also meets the things that are most important to them. Mayor Labadie stated that one of the staff members had mentioned some items that could be phased in gradually which is something she would be interested in for some of these items. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 12 of 14 Councilmember Callies noted that many of the things being requested by Public Works were market driven or simply the cost of inflation, so she did not see a lot of wiggle room in their budget other than perhaps the trees. She noted that with the Planning Department she can see adding the half-time administrative assistant because there is a lot of work to do. She asked if there may be a way to reduce some of the contract services amounts by getting bids. Councilmember Zerby noted that Planning also has the ability to raise fees and noted that he feels the fees should cover the time invested by staff and if they are not getting that, they should consider a change. Mayor Labadie remembers former Councilmember Johnson asking if the marinas had their dock fees raised and they had not for a very long time. Planning Director Darling stated that she had done a cost analysis for what it takes to administer the dock license and earlier the year, it was balancing out, but depending on the results of the compensation study and the cost of living raises, she thinks they may have to raise the rates by twenty-five to fifty cents per dock to make sure they are covering their costs. Councilmember Callies asked about the costs for the website and noted that what is presented seems high to her. Councilmember Zerby noted that there are pros and cons to every choice for example having an easy to use service would be helpful. He stated that Shorewood is so small, they do not really fit into a good price band for these services because sometimes the pricing is for ‘up to 25,000 residents’ which means they end up kind of getting overcharged for these services. City Administrator Nevinski explained that in his few months with the City the feedback he has gotten is that the City’s website is awful and hard to work with. He asked if the Council wanted a more robust website that is more workable or if it was more about money right now because there may need to be some type of trade-off. He stated that in his opinion, the website is something that the City should spend some money on and some of the other items could be pushed off for a year or two. He asked City Clerk/HR Director Thone what the ongoing costs would be for a new website. City Clerk/HR Director Thone stated that she believed that most of the ongoing fees would be the similar to what we pay currently or approximately $8,000 per year but agreed that it would cost a significant amount more that first year of implementation. She noted that one of the advantages of a new website would be that it would allow other features that are not supported or not as functional on the current website. Councilmember Zerby stated that he believes there is the ability through Laserfiche to do some interactive forms but he does not think they have done the training to be able to support that. Mayor Labadie stated that she has noticed that it is not always user friendly when they are looking at it on the mobile device and suspects that many people are trying to look at this information on their phones. She stated that she believes there is consensus among the Council that the website needs some improvements. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 13 of 14 Councilmember Sanschagrin stated that thinks it is clear that there are some opportunities for the City to sharpen their pencils on some of the proposed budget items. He stated that he understood that they were built based on past budgets, but noted when he reviewed past budgets he found many instances where actual expenditures were less than budgeted amounts. He gave the example of park maintenance being around $200,000 and the budgeted amount was about $300,000. He stated that this tells him that there are ways to carve out some of these things and also believes that in terms of revenue for the Community Center they should be able to get more realistic with that and not be quite so conservative. He stated that he would prioritize the website towards the top of the list because it is an important way to connect with residents and things like iPads for Council would be an easy one to defer. Councilmember Maddy agreed that an increase of ten percent does seem like too much. He stated that there is the compensation study as well as inflationary pressures, but in the past the City has been pretty conservative. He noted that his City taxes have been going down over the last few years. City Administrator Nevinski stated that he felt the compensation issue should be a top priority because it puts the City on a good track to be able to attract and retain talent. He reminded the Council that the budget is slated to come back for further discussion at the September 11, 2023 Council Work Session meeting. Mayor Labadie asked if the Council had given staff enough direction. City Administrator Nevinski stated that he thinks staff can take a look at where they have flexibility and knowing their priorities will be helpful. He suggested that staff have some internal conversations and bring back a few options for Council consideration. Mayor Labadie expressed the hope that Park and Recreation Director Crossfield did not leave this meeting feeling discouraged. She stated that she just feels as though Park and Recreation has taken out of the starting blocks like Usain Bolt, but thinks the City perhaps needs to look at this more in light of it being a 10K rather than a sprint. She noted that she would also support the additional half-time administrative individual for the Planning Department. Councilmember Sanschagrin asked if the Council could get some feedback from the public and have them weigh on priorities for the City. Mayor Labadie stated that the public is welcome to come to any meeting and shared examples of how many meetings they had when they put together a survey about water. She expressed concern about bringing in a survey process because then they will not meet the budget deadline. She reiterated that people were welcome to come the meetings and get involved in the budget discussions. Councilmember Callies stated that perhaps there is a way to get input from residents on what they see as City priorities, in the future, but noted that information should be gathered prior to the budget deadline. Councilmember Sanschagrin suggested that Communications Coordinator Wilson may have some ideas on how to get this information. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 14, 2023 Page 14 of 14 City Administrator Nevinski stated that what he has heard from the Council tonight is that they want to be in a single digit increase, things that they felt should prioritized, and reiterated that he thinks staff can go back and take another look with sharpened pencils and bring options back to the Council. Councilmember Maddy noted that the City had purchased a lot of software lately that was supposed to make things more efficient so he thinks they are making progress. He stated that he would like to see what the various options may be and staff’s reasoning behind them. Mayor Labadie reminded the Council that they are up against a time crunch with the budget deadline. 3. ADJOURN Zerby moved, Sanschagrin seconded, Adjourning the City Council Work Session Meeting of August 14, 2023, at 10:23 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, AUGUST 14, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:01 P.M. A. Pledge of Allegiance B. Roll Call Present: Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Director Crossfield; and, City Engineer Budde Absent: None C. Review Agenda Maddy moved, Sanschagrin seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Sanschagrin stated that he had a quick question about item 2G. and asked if the scope of it would be for the entire City. City Engineer Budde explained that the scope was for a select number of streets and noted that a map was included in the packet. He stated that, in general, it would be for streets who have pavement that is about two to five years old. Councilmember Sanschagrin stated that this appears to be more environmentally friendly than what the City had done in the past. City Engineer Budde stated that was correct and noted that the product is made mostly of soybean oil. Zerby moved, Maddy seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of July 24, 2023 B. City Council Regular Meeting Minutes of July 24, 2023 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 2 of 11 C. Approval of the Verified Claims List D. Approve Permanent Appointment of Communications Coordinator E. Approve Amended South Lake Minnetonka Police Department 2024 Budget Adopting RESOLUTION NO. 23-074, “A Resolution Approving the Amended 2024 Annual Operating Budget of the South Lake Minnetonka Police Department.” F. Accept Improvements for 2022 Catch Basin and Culvert Repairs, City Project 22-04, Adopting RESOLUTION NO. 23-075, “A Resolution for Final Acceptance for the 2022 Catch Basin and Culvert Repair; City Project 22- 04.” G. Award 2023 Pavement Seal Quote, City Project 23-04, Adopting RESOLUTION NO. 23-076, “A Resolution Approving 2023 Pavement Seal Quotes, City Project 23-04” H. Authorize Inflow and Infiltration Grant Program Agreement with Metropolitan Council Motion passed. 3. MATTERS FROM THE FLOOR 4. REPORTS AND PRESENTATIONS A. Legislative Update by Representative Andrew Myers Representative Myers shared a legislative update on discussions and actions taken during the recent legislative session. He highlighted the items that he felt would impact things on the City’s level including: funding for Public Safety; lead line abatement funding; transportation funding for the City; bonding requests; paid family leave; climate action plan; and recreational cannabis. He reminded the Council that he is a resource and if there are bigger issues going on that the City needs his help with. Councilmember Callies stated that one of the costs that they have seen a lot of increases in is for publication costs for planning. She stated that the thought amongst the Council was that legislation should be changed so that it does not require newspaper publishing because very few people read newspapers anymore and that there should be an alternate legal way of publishing this information. Mayor Labadie noted that the local newspaper, The Sun Sailor, no longer covers Shorewood. She explained that the cost that the City incurs when they are required to publish in the newspaper does not even apply to their residents anymore. Councilmember Sanschagrin asked what Representative Myers top focus items would be in the next legislative session. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 3 of 11 Representative Myers stated that for him, education is always a top priority, environment, and affordable housing. Councilmember Zerby noted that he was glad to hear him mention the topic of affordability because one of his concerns lately has been related to transportation. He noted that during the pandemic the City basically lost all bus service out to the area. He stated that he would like to see a focus on affordable and convenient transportation for the work force in the area. Mayor Labadie thanked Representative Myers for his report and service to the community. B. Recycling Advisory Committee Report Communications/Recycling Coordinator Wilson introduced Roger Andre, Executive Director of Vantage and Joe Schneider, a member of the Recycling Committee. Joe Schneider, 21125 Christmas Lane, stated that the last time he spoke to the Council was in December 9, 2019. He explained that he has been involved with the Recycling Committee since it began in 2019 and gave an overview of the intent of the formation of the committee and noted that some of the members were Hennepin County Master Recycler/Composters. He stated that they had to learn and adjust after the door was shut on China taking plastics. He stated that recycling can be hard because the ‘rules’ differ by city or area. He stated that they have had some fun programs such as ‘No Can Left Behind’ and a focus on kids leading the way for their families. He explained that when COVID hit, things ground to a halt a bit, but they are ready to wind things back up especially now that Communications and Recycling Coordinator Wilson is in place. He stated that the Recycling Committee has been reconstituted and has good people with great knowledge and are starting to move forward with some of their great ideas. Communications/Recycling Coordinator Wilson reminded the Council that in the City recycling is currently picked up every two weeks and there are also have three organic drop-off locations available throughout the area. He noted that about ninety six percent of residents are participating in recycling and explained that the national average is just thirty-two percent. Mr. Schneider gave an overview of the Recycling at Christmas Lake program for single bottles. He stated that they have worked with the Public Works Department who have agreed to handle the material as recyclables. Communications and Recycling Coordinator Wilson explained that in the past they have conducted recycling cart audits and sorted through their materials, with permission, to give feedback on what is ‘good’ recycling and where they could improve. He stated that they are offering this audit service again in various neighborhoods and explained that they currently have about twenty-six households who have signed up for this audit. He stated for the organics program they currently have one-hundred six participants, and the Committee has made a goal to increase that by twenty percent. Roger Andre, Vantage Program Minnetonka High School, explained that they are working on a program with the City as part of their project-based learning. He stated that their teams of students go out and identify real problems and have created a chart for influencing behavior when it comes to matters of recycling. He noted that many times young people have a great perspective on old problems and can oftentimes come up with insightful ways to make progress. He reviewed some of the components of their program and things the students work on. He encouraged people CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 4 of 11 to go to the school’s website and click on Vantage to sign up to become part of a team and someone would reach out to them. Councilmember Sanschagrin asked whether managing invasive species would be something that would be an interesting topic for their program. Mr. Andre stated that all the students take academic curriculum while they participate in this program with classes like AP Environmental Science and Economics. He stated that they would probably enjoy working on something like this if it was ‘real’ and actually helpful in solving a problem. He stated that many times what the teams come up with very helpful and usually they look at things from a unique perspective and shared examples where they ended up contacted experts in the Netherlands that ended up helping Excel Energy. 5. PARKS A. Accept Girl Scouts Compost Bin and Sign Donation Park and Recreation Director Crossfield introduced members of Girl Scout Troop #18018 that have been working over the last few months to donate a compost bin and sign to the community garden space. She stated that they have also been working on community engagement to raise awareness of composting. Charlotte and Layla, Girl Scout Troop #18018, stated that they were working on their Silver Award Project which is a project in which girls like them find a way to benefit their community in an ongoing manner. She stated that the next award is the Gold Award which is the equivalent to the Boy Scout Eagle Scout award. They explained that they would like to place a compost bin in Southshore Park to help minimize the amount of organic waste from the gardeners which will also make the job for Public Works much easier. They gave a brief presentation on what is involved I the composting process and its advantages and explained that this bin can hold up to sixty-five gallons of compost material. She stated that they plan to pay for all the materials that will be needed for this project, including the sign which will have instructions on how to use the compost bin. Councilmember Sanschagrin asked how they had selected this particular project. Charlotte and Layla answered that they like nature and gardening and felt there was a need at the community garden for them to be able to compost their organic materials. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-077, “A Resolution Accepting Donation to the City of Shorewood 2023.” Motion passed. B. Accept Bids and Award Contract for Freeman Park Trail Improvements, City Project 22-05 City Engineer Budde noted that on May 8, 2023, the Council had approved the final plans and specifications for the Freeman Park Trail Improvements project. He stated that bids were opened on July 12, 2023, and they found that were higher than the engineering estimate. He noted that there were six total bids received with the low bidder being Sunram Construction, however that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 5 of 11 was about twelve percent above the engineering estimate. He stated that if approved the contractor has indicated that they would start work shortly after Labor Day. He noted that the project was bid with an alternate and outlined the cost for inclusion of this portion of the trail and explained that staff is not recommending paving it at this time. He explained that the City had budgeted $400,000 in the CIP for this project with plans to move about $200,000 from the reserve funds. He noted that it would also use a portion of the Miscellaneous Drainage Capital and funds from Three Rivers Park District. He explained that total project cost and explained that the City’s share of the cost. He stated that staff were recommending approval of awarding the contract to Sunram Construction. He explained that they had not taken this step at the last Council meeting because staff wanted to find out the true direction that the Council wanted to go, for example, using reserve funds or cutting the scope of the project. Councilmember Callies stated that she had voted against approval of the total project at the last meeting because of the use of the reserve funds and following today’s earlier budget discussion, it has confirmed her view on that. She stated that she had already commented on why she thinks the City should wait to do the rest of the project. Councilmember Zerby asked for details of Alternate A and asked if it would basically connect the sidewalk on Smithtown to the trail. City Engineer Budde stated that was not correct and explained that within Freeman Park, there is a trail segment north of the ballfields that go through a small, wooded area between two wetlands, which was Alternate A, and the thought was that this could serve as essentially a gravel trail. Councilmember Maddy asked where the supplemental drainage pipe will outlet and noted that the price seems like a deal. City Engineer Budde stated that they were not anticipating that portion of the cost to be that low. He explained that on the very north end of the park, the same wetlands have resulted in complaints from residents that the wetland is no longer draining and has caused flooding. He stated that they investigated, and it was relying on old farm drain tile that have deteriorated over time. He noted that a ten inch outlet that was stubbed in to the north with a nearby development but was not formally connected. Zerby moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-078, “A Resolution to Accept Bids and Award Contract for the Freeman Park Trail Improvements Project; City Project 22-05.” Motion passed. C. Approve Cooperative Agreement for Freeman Park Trail Improvements, City Project 22-05 City Engineer Budde explained that this item is the Cooperative Agreement for the Freeman Park Trail Improvements that were just discussed. Sanschagrin moved, Labadie seconded, Adopting RESOLUTION NO. 23-079, “A Resolution Approving Agreement with Three Rivers Park District for the Freeman Park Trail Improvements Project; City Project 22-05.” CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 6 of 11 Motion passed. Councilmember Zerby expressed appreciation to the Three Rivers Park District for partnering with the City on this project. 6. PLANNING 7. ENGINEERING/PUBLIC WORKS A. Severe Drought Warning and Water Conservation Efforts Public Works Director Morreim gave an overview of the severe drought warning that has come from the DNR. He noted that despite getting some rain over the last five days, from mid-May to the end of June was the driest time period on record. He stated that per the letter received from the DNR, public water suppliers are to implement water use reduction actions with the goal of reducing water use to fifty percent above January levels. He explained that the average daily water usage in January 2023 was 235,400 gallons per day so the goal water usage would be 353,100, however, the average daily water usage in July 2023 was 1.1 million gallons per day. He stated that there is a current ordinance the limits the hours of lawn and garden irrigation that are on the City’s water system and explained that following receipt of the DNR letter, the City immediately reduced the irrigation on City-owned properties. He stated that staff is looking to put forward some potential water reduction actions but clarified that this request does not apply to private well owners. He reviewed the proposed strategies including various communication methods, further irrigation restrictions, inspections, and education. Councilmember Sanschagrin asked if Public Works Director Morriem had any expectation on how effective these measures would be to get the City to lower water usage. Public Works Director Morriem stated that, for example, with the odd/even approach, he would guess the City could probably reduce use by about twenty-five to thirty percent. Councilmember Callies asked if the idea was for this resolution to be in effect for a limited amount of time, for example, the rest of 2023. Public Works Director Morriem stated that he would recommend it be done through the severe drought time period and that the City revisit the odd/even restriction before next year. Councilmember Callies stated that restricting watering to every other day seems minimal to her. Public Works Director Morriem stated that the City has a fair number of properties that water every single day, so this restriction would definitely decrease the City’s water usage, but would not cause a significant change in the look of their turf or landscaping. Councilmember Callies asked how the City would monitor this and noted that some people have drip systems that are not sprinklers. Public Works Director Morriem stated that he was not sure how they would handle a drip system and noted that with certain properties that City would have the ability to do a meter reading and if they do not see a reduction the City will need to communicate with them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 7 of 11 Councilmember Maddy stated that one water reduction that was not listed in the report was pricing of water. He asked if the City would be paying for this if they are successful in getting people to have a reduction in water use because it will also reduce the City’s revenue. He asked why the City did not just raise the price of water to incentivize people not to waste it. Public Works Director Morreim stated that the City will lose revenue which is unfortunate, but is a necessary part of this order. He stated that there is a possibility of raising rates, but the thought was that would be a longer term item for discussion. Mayor Labadie stated that she is hopeful that if the City communicates the severe drought warnings that it will not need to result in citations. She stated that she hopes that the people will simply heed the suggestions to reduce water consumption. She stated that she likes the idea of the 8:00 a.m. to 8:00 p.m. restriction as well as the odd/even restriction. Councilmember Zerby noted that it gets dark by 8:30 p.m. so that may be difficult for some people. Councilmember Callies stated that she feels like there should be dates included in the resolution. She stated that by the time the City gets around to letting people know what they should be doing, summer will be over. Public Works Director Morriem noted that communication efforts would happen this week. He noted that generally, the water restrictions go off on September 30, 2023, but if a drought were still in effect, they would potentially have to have some additional conversations about continuing the restrictions. Mayor Labadie suggested that the City contact the schools about utilizing their message boards since school has not yet started. Councilmember Zerby suggested a water restriction time frame of between 10:00 a.m. to 5:00 p.m. Councilmember Callies stated that she liked the time suggestion proposed by Councilmember Zerby. She stated that she did not think the City should go to the expense of sending out postcards. Councilmember Sanschagrin stated that he believes the biggest bang for their buck will be the odd/even restrictions. Councilmember Maddy asked how the City would enforce the odd/even day restrictions. Public Works Director Morriem stated that it comes down to a bit of a trust/honor ‘game’ with the residents. He stated that staff does have the ability to check at various times of the day and believes that perhaps neighbors will say something. He noted that he personally lives in a city that is odd/even and it has become second nature to the residents. Councilmember Callies asked if her understanding was correct that in order for these restrictions to apply to someone with well water it would require an ordinance change. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 8 of 11 Public Works Director Morriem stated that was correct because it would require a code amendment which would need to be advertised, so it would take some time. City Administrator Nevinski stated that this may be something that the City wants to thinks about more long term with other code amendments and fee structure changes. He suggested that the City could get a message to all residents whether they are using City water or well water about the severe drought situation and encourage conservation. Councilmember Callies asked if the City had a way to notify people by phone like they do for other emergency situations. Public Works Director Morriem stated that if people have signed up for that option, they can contact them that way. He stated that he has not utilized this service, so he would have to look into how it works, but knows it is available. Councilmember Callies explained that she was thinking that would be a way to reach more households and it would be cheaper than sending a postcard. The Council discussed possible area businesses that would have an electronic board sign that may be willing to display a message about the water conservation. Zerby moved, Callies seconded, Adopting RESOLUTION NO. 23-080, “A Resolution Revising Code Section 903.12 – Conservation Measures”, as revised for restriction between 10:00 a.m. and 5:00 p.m. on odd/even days, and including a sunset date of October 30, 2023, or when the DNR withdraws the severe drought classification, whichever comes first. Motion passed. 8. GENERAL/NEW BUSINESS A. Approve Excelsior Fire District Budget City Administrator Nevinski noted that the Council takes action on an annual basis to approve the Excelsior Fire District Budget. He explained that the Fire Board recommended approval of the budget at their July 19, 2023, meeting. Chief Mackey gave an overview and outlined details of the proposed 2024 Excelsior Fire District budget and planned changes for 2024-2026. He explained that they are fully committed to keeping the District as a paid on-call model for as long as they can and noted that the District is leading pack with recruitment right now. Councilmember Sanschagrin asked what, during Chief Mackey’s tenure as chief, the biggest negative impact has been on the budget. Chief Mackey stated that the boat was a budget item that was unexpected because they had just refurbished it five years before. He stated that overall, inflation is the biggest factor that they cannot anticipate. He noted that their call volume is increasing and explained that when he started it was just under eight hundred and last year, they were up to almost twelve hundred calls and are on pace to surpass that this year. He explained that a big driver of the duty crew program CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 9 of 11 was to find a way to build a work/life balance. He stated that this has been invaluable and the response in service times have all been better. Maddy moved, Labadie seconded, Adopting RESOLUTION NO. 23-081, “A Resolution Approving the 2024 Annual Budget of the Excelsior Fire District.” Motion passed. B. Approve Tobacco License: Jim’s Liquor City Clerk/HR Director Thone explained that this application is for a new tobacco license for Jim’s Liquor. She noted that the Council had approved a liquor license for Jim’s Liquor on April 25, 2022, which was renewed in 2023 in good standing, and they have now submitted an application for a tobacco license. She gave an overview of the new legislation related to hemp derived THC products and how it relates to current licensing. City Attorney Shepherd clarified that granting the tobacco license does not have anything to do with granting the sale of hemp derived THC, which is now legal. Councilmember Callies stated that the City does not have any basis to deny a tobacco license because they ‘might’ engage in the sale of low dose THC products. Zerby moved, Maddy seconded, Adopting RESOLUTION NO. 23-082, “A Resolution Approving a License to Sell Tobacco Products in the City of Shorewood to NGBS, Inc. DBA Jim’s Liquor.” Motion passed. C. Public Purpose Expenditure/Employee Wellness Policy City Clerk/HR Director Thone explained that this policy was originally created in 2008 and noted that City Attorney Shepherd, City Administrator Nevinski, and herself had worked on revisions to this policy. She gave an overview of the main changes to the policy. Councilmember Zerby asked if these activities were typically approved by the supervisor of the department. He asked if this could be used for a golf outing or a happy hour after work. City Clerk/HR Director Thone stated that the guidelines are very particular and reviewed some of the specifics of the guidelines. Councilmember Maddy stated that the City has a lot of great volunteers and expressed concern that it would make something like receiving a mug after ten years of volunteer service, contraband. He asked if that was the type of thing that this policy was intended to stop. City Attorney Shepherd stated that he takes the point being made by Councilmember Maddy, but they were trying to ensure that the policy was compliant with State law and the opinions on the State Auditor with respect to gifts. He stated that essentially, gifts are not allowed. Sanschagrin moved, Callies seconded, Adopting RESOLUTION NO. 23-083, “A Resolution Approving a Public Purpose Expenditure/Employee Wellness and Recognition Policy.” CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 10 of 11 Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff Parks and Recreation Director Crossfield thanked the Police and Fire Departments for their collaboration on the successful Safety Camp event. She stated that Oktoberfest will be coming up next month and encouraged people to visit the website at www.tonkaoktoberfest.com. She stated that they are looking at adding some engineering and robotics in addition to music and nature education to their programming. She stated that they are also planning to collaborate with the SLMPD for a program on senior scam prevention and noted that planning for Arctic Fever has begun. Public Works Director Morriem stated that operations wise, they are dealing with some of the weather events and things like trees and sediment/mud issues. He noted that they will begin some sanitary jetting later this week which will continue for the next three weeks. He stated that they are also continuing to work on pothole patching. He noted that Tonka Bay’s watermain project along Highway 19 is moving forward and the City has been attending their weekly construction meetings. City Engineer Budde stated that the Birch Bluff project has continued to move ahead nicely. He stated that the City received an updated schedule from the contractor for the Strawberry Lane project and it looks like completion will be late September or early October. He stated that the Eureka Road Open House will be scheduled sometime in mid to late September. City Clerk/HR Director Thone congratulated Communications/Recycling Coordinator Wilson for his permanent appointment to this position and noted that he has proven to be a great addition to the team. City Attorney Shepherd noted that he would not be ion attendance at the next Council meeting and his colleague, Leah Koch, will be here in his stead. City Administrator Nevinski stated that the Shred Event will be coming up this fall. He explained that the City is trying to standardize how they use their logo and communicate and brand themselves. He stated that they were not changing the logo, but were trying to make sure there is a standard that is consistently used. B. Mayor and City Council Councilmember Zerby attended the August 1, 2023 Planning Commission meeting. Councilmember Sanschagrin stated that he recently participated in a ride-along with SLMPD and noted that some of the domestic calls really highlighted the need for attention to mental health in the community. He reminded residents to shut their garage doors. He stated that he also attended the August 10, 2023 LMCC meeting and noted that the option where they sell their facility was the top vote getter among the member cities, so they are currently looking for an alternate location for their operations. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUSGUST 14, 2023 Page 11 of 11 Councilmember Maddy stated that he had attended the Fire Board meeting and noted that he was appointed as the Vice-Chair in place of former Councilmember Johnson’s position. He expressed appreciation to everyone who participated in the National Night Out/Night to Unite events throughout the City. Mayor Labadie stated that Movie in the Park was cancelled due to the weather, however three groups showed up to the park anyway. She stated that it was a group was senior residents, a young family with children who arrived on bicycle with a burley, and a group of teens. She stated that the messaging, overall worked, but noted that she found it interesting that three different demographics were represented who did not get the message about the cancellation. 10. ADJOURN Zerby moved, Maddy seconded, Adjourning the City Council Regular Meeting of August 14, 2023, at 9:17 P.M. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk Item 2D City Council Meeting Item Title/Subject: Approve Permanent Appointment of LEO Christopher Pratley Meeting Date: August 28, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Matt Morreim, Public Works Director Attachments: None Background: 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. On March 1, 2023, Christoher Pratley began his employment with the City of Shorewood as a Light Equipment Operator (LEO) for the Public Works department. Chris has proved to be a valuable member of the team and has already made positive contributions in his first six months of employment. Chris is professional and gets along well with team members. He represents the City’s core values of Respect, Integrity, Communication, Positive Attitude, Team Work, and Responsiveness in all he does. Chris has been fully successful in his work responsibilities and has met or exceeded many of the City’s expectations in his first six months of employment. He is being recommended for permanent appointment in the capacity of Light Equipment Operator for the City of Shorewood. Financial Considerations: As delineated below. Action Requested: Staff respectfully recommends the city council approve Christopher Pratley’s permanent appointment, based on his performance to date and his demonstration of the City’s desired core values and attributes, and approve a salary adjustment to “After 4 Year Rate” in the AFSCME Union Contract of $33.84 effective September 1, 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 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-084 A RESOLUTION ACCEPTING FINAL IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT FOR THE COVINGTON WATERMAIN IMPROVEMENT PROJECT; CITY PROJECT 21-07 WHEREAS, on August 23, 2021, the City Council awarded the contract for the Covington Watermain Improvement Project to GM Contracting, Inc.; and WHEREAS, GM Contracting, Inc. has completed all work in accordance with the awarded contract; and WHEREAS, GM Contracting, Inc. is requesting final payment and acceptance of the final improvements; and WHEREAS, Staff has reviewed the estimate, verified quantities, verified completed punch lists, received all applicable close out documents from GM Contracting, Inc. and recommends final payment and acceptance of the project to GM Contracting, Inc. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby accepts the final improvements and authorize final payment to GM Contracting, Inc. for the Covington Watermain Improvement Project according to the plans and specifications on file in the office of the City Clerk. th Adopted by the City Council of Shorewood, Minnesota this 28 day of August, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-085 A RESOLUTION ACCEPTING FINAL IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT FOR THE LIFT STATIONS 7, 9 AND 10 REHABILITATION PROJECT; CITY PROJECTS 20-12 AND 21-08 WHEREAS, on April 11th, 2022, the City Council awarded the contract for the 2022 Lift Stations 7, 9 and 10 Rehabilitation Project to R & R Excavating, Inc.; and WHEREAS, R & R Excavating, Inc. has completed all work in accordance with the awarded contract; and WHEREAS, R & R Excavating, Inc. is requesting final payment and acceptance of the final improvements; and WHEREAS, Staff has reviewed the estimate, verified quantities, verified completed punch lists, received all applicable close out documents from the R & R Excavating, Inc. and recommends final payment and acceptance of the project to R & R Excavating, Inc. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby accepts the final improvements and authorize final payment to R & R Excavating, Inc. for the 2022 Lift Stations 7, 9 and 10 Rehabilitation Project according to the plans and specifications on file in the office of the City Clerk. th Adopted by the City Council of Shorewood, Minnesota this 28 day of August, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Approving Hire of Ethan Palm Community Center Attendant 2G Meeting Date: Monday, August 28, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Marc 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 has been recruiting candidates for the Community Center Attendant Position. Gabe Miller was selected based on his experience in customer service and leadership experience from being Assistant Captain for lacrosse. Gabe is a resident of Shorewood and attends Minnetonka High School. Financial or Budget Considerations: Staff is recommending Gabe’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 Gabe Miller’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. 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: Approving Forte Payment Processing Agreement Meeting Date: August 28, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Joe Rigdon, Finance Director Reviewed by: Marc Nevinski, City Administrator Attachments: Forte Payment Processing Agreement Background: On May 22, 2023 City Council approved a contract with Civic Rec for recreation software which entailed utilizing Forte as an integrated payment processing portal and gateway for the payment collection feature of the software. The contract was reviewed by the City Attorney and there are a few items below to be aware of. Staff recommends approving the contract. Payment Processing Agreement § 6.15 provides “The rights and obligations of AGENCY \[City\] concerning the Debit or Credit Entry are governed by and construed in accordance with the laws of the state in which the processing OFDI \[Originating Depository Financial Information\] is located.” This means that for debit or credit entry the City will be subject to the law of the state where the financial institution that receives automated clearing house transactions from the City is located. § 11 provides that if a regulatory body imposes a fee or fine on the AGENCY for a violation of rules or laws or regulations such fee or fine may be charged to FORTE as a pass-through to AGENCY. If such fee or fine is charged to FORTE, AGENCY shall reimburse FORTE for any such fees or fines. This means the City is responsible to pay any fees or fines that are imposed because it violates any rules, laws or regulations of a Payment Network or regulatory body. § 14 limits FORTE’s liability to the amount of the average monthly fees and charges paid by the AGENCY to FORTE for the services for the immediate three month period prior to the event giving rise to the applicable claim. This is a significant limitation on FORTE’s liability to the City and has no relationship whatsoever to the damages that FORTE might cause to the City. However, limitations of liability are common in agreements like this. Appendix D American Express Card Acceptance 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 § 1 incorporates into the Agreement the American Express Merchant Operating Guide which can be found at www.americanexpress.com/merchantopguide . This is a 132 page “guide”. It requires the City to participate in arbitration of claims and precludes litigation of claims or a jury trial if American Express elects arbitration. It requires the application of New York law in arbitration proceedings. American Express reserves the right to make changes to the Operating Guide at any time and City agrees to accept those changes. § 14 provides that “IN NO EVENT SHALL AMERICAN EXPRESS, ITS AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO SPONSORED MERCHANT FOR ANY DAMAGES, LOSSES, OR COSTS INCURRED, INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL, SPECIAL PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES, REGULATIONS, OR ANY OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT.” This is a total limitation on American Express’s liability to the City. Financial Considerations: Two credit card readers will be purchased for use at the Shorewood Community and Event Center ($219 each) and a $5 monthly fee. Action Requested: Staff respectfully requests a motion to approve the payment processing agreement. A majority (quorum) vote by the Council is required for any action on this request. Item 2J City Council Meeting Item Title / Subject: Setting the Truth-in-Taxation Public Meeting Date Meeting Date: August 28, 2023 Prepared by: Joe Rigdon, Finance Director Reviewed by: Marc Nevinski, City Administrator Attachments: Resolution: Selection of the Truth-in-Taxation Public Meeting Date Background: In 2022, the City of Shorewood held its Truth-in-Taxation (TNT) meeting on the second Monday in December as part of the City Council’s regular meeting. The TNT meeting provides an opportunity for residents and property owners to comment on the proposed 2024 property tax levy and operating budget. Subsequent to the TNT public meeting, the Council will consider approving a final 2024 property tax levy and budget. Next Steps and Timeline: Staff will communicate the date and time of the Truth-in-Taxation meeting to Hennepin County so it can be included on the Truth-in-Taxation notices mailed to property owners. Options: Holding the public meeting is mandatory, but the council can change the date on the attached Resolution if it wishes. Financial or Budget Considerations: This process allows residents an opportunity to provide input or ask questions about the budget and proposed property tax levy. Action Requested: Motion to adopt the attached resolution calling for the public meeting on Monday, December 11, 2023, at 7:00 pm. 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 23-086 A RESOLUTION SELECTING THE 2023 TRUTH-IN-TAXATION PUBLIC MEETING DATE WHEREAS, Minnesota State law requires local governments to hold public meetings on their proposed budgets and property tax levies; and WHEREAS, it is in the spirit of full and open disclosure of the City’s financial condition to provide as much information as necessary for the City Council, residents, and property owners to evaluate the budget and property tax levy; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The Truth-in-Taxation public meeting for property taxes levied in 2023, collectible in 2024, is set for Monday, December 11, 2023 at 7:00 pm. 2. The Finance Director is hereby instructed to transmit the Truth-in-Taxation meeting date information to Hennepin County for inclusion on the parcel specific notices to be mailed in November. ADOPTED by the City Council of the City of Shorewood this 28th day of August 2023. _______________________________ ATTEST: Jennifer Labadie, Mayor ____________________________________ Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Concessions Agreement Fall 2023 2K Meeting Date: Monday, August 28, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Mark Nevinski, City Administrator Attachments: Concessions Agreement Background: Tonka United operated concessions during the Summer season and is requesting to continue these efforts in the Fall season. Attached is the agreement between City of Shorewood and Tonka United to operate concessions during Fall of 2023. Financial or Budget Considerations: Tonka United will pay a $500 fee to the City. Action Requested: Staff respectfully recommends the City Council approve the concessions 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 Freeman Park Eddy Station CONCESSIONS AGREEMENT 2023 This agreement, made and entered into this _____ day of _______________, 2023, by and between the CITY of Shorewood, a Minnesota municipal corporation, located at 5735 Country Club Road, Shorewood in the County of Hennepin, State of Minnesota (hereinafter referred to as “CITY”) and Tonka United Soccer Association 18328 Minnetonka Blvd, Wayzata, MN 55391, (hereinafter referred to as “CONCESSIONAIRE”). WITNESSETH: Whereas the CITY is desirous of providing efficient concession services to patrons of Freeman Park; and Whereas the CONCESSIONAIRE wishes to provide concession services at the Freeman Park Eddy Station Concession Stand; Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF CONCESSIONAIRE A. The CONCESSIONAIRE agrees to provide full and complete services for the sales of food concessions at the Eddy Station concession stand through October 31, 2023 at the following times: Monday thru Sunday 5:00pm to 9:00pm CONCESSIONAIRE may request additional times and the CITY shall meet those requests, if given two weeks’ notice. B. The CONCESSIONAIRE agrees to pay the CITY a flat fee for the Fall 2023 season of $500. C. Payment shall be made on or before September 6, 2023. D. The CONCESSIONAIRE agrees to purchase and maintain all food goods, materials and supplies necessary for the concession stand. The CONCESSIONAIRE may sell souvenirs and other hard goods not sold by the CITY, if approved by CITY Parks and Recreation staff in writing. E. The CONCESSIONAIRE agrees to provide, maintain and repair equipment as necessary for the sale of concessions. The CONCESSIONAIRE will be responsible for the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage or equipment failure. The CONCESSIONAIRE shall thoroughly document such losses. If equipment is needed, either in replacement of or addition to the existing equipment, the equipment must meet appropriate NSF standards. 225913v1 F. The CONCESSIONAIRE agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its concession operations. The CONCESSIONAIRE also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the CITY and that it is an independent contractor, and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the CITY with respect to any services performed under this agreement. Such personnel or other personal associated with the CONCESSIONAIRE shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker’s Compensation, Unemployment Compensation, disability or severance pay and PERA. G. The CONCESSIONAIRE agrees to maintain an internal control system, which includes a financial report. Such reports shall be submitted at the conclusion of each sporting season. Pursuant to Minnesota Statutes, § 16C.05, Subdivision 5, the CONCESSIONAIRE further agrees to allow the CITY or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. H. At the conclusion of each season, the CONCESSIONAIRE shall provide the CITY with a copy of the season’s concession financial report prepared by the CONCESSIONAIRE. I. The CONCESSIONAIRE shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the CONCESSIONAIRE, it agents, officers, employees, volunteers, patrons, or any persons associated with or served by the CONCESSIONAIRE’s concessions operations. J. Insurance Requirements. The CONCESSIONAIRE, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: I. General Liability. The CONCESSIONAIRE 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 additional insured. II. Automobile Liability. If the CONCESSIONAIRE operates a motor vehicle in performing the Services under this Agreement, the CONCESSIONAIRE 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. III. Workers’ Compensation. The CONCESSIONAIRE agrees to provide workers’ compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The 225913v1 CONCESSIONAIRE shall also carry employers’ 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 CONCESSIONAIRE 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 CONCESSIONAIRE’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 CONCESSIONAIRE’s performance under this Agreement. The CONCESSIONAIRE’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. IV. Professional (Errors and Omissions) Liability Insurance. \[Only required for professional services provided by accountants, attorneys, engineers, etc.\] The CONCESSIONAIRE will maintain professional liability insurance for all claims the CONCESSIONAIRE may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to CONCESSIONAIRE’s professional services required under this Agreement. The CONCESSIONAIRE is required to carry the following minimum limits: $1,000,000 per occurrence; $2,000,000 annual aggregate. The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement, and the CONCESSIONAIRE shall maintain such insurance for a period of at least three (3) years following completion of the Services. If such insurance is discontinued, extended reporting period coverage must be obtained by the CONCESSIONAIRE to fulfill this requirement. K. The CONCESSIONAIRE shall provide their Federal Employer Identification Number. L. The CONCESSIONAIRE agrees to comply with Minnesota Statutes § 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. The CONCESSIONAIRE agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. 225913v1 M. The CONCESSIONAIRE agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. The CONCESSIONAIRE agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. L. The CONCESSIONAIRE agrees to abide by all applicable State laws and requirements, including but not limited those of the Minnesota Department of Health. II. DUTIES AND RIGHTS OF THE CITY A. The CITY agrees to provide, maintain and repair the concession stand and real property as necessary for the sale of concessions for use by the CONCESSIONAIRE. The CITY further agrees to provide storage for CONCESSIONAIRE inventories, subject to the limitations of available space at the Concession Stand. The CITY assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the Concession Stand. B. The CITY may immediately terminate this agreement in the event that the CONCESSIONAIRE fails to perform its duties under this agreement. III. JOINT DUTIES AND RIGHTS A. The CONCESSIONAIRE and the CITY agree to work to develop a security plan for controlling access to the concession area. This plan will designate which CONCESSIONAIRE personnel will be issued keys to the concession stand. Individuals on this list may not transfer their keys to other individuals without prior approval by the CITY. B. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. C. Notwithstanding any other provision of this Agreement to the contrary, all government data collected, created, received maintained or disseminated for any purpose by the parties pursuant to this Agreement shall be governed by the provisions of the MGDPA. CONCESSIONAIRE agrees to comply with the MGDPA as it applies to any data provided to it by CITY or third parties, and further agrees to cooperate and assist CONCESSIONAIRE staff in complying with any data practices requests arising out of, or related to this Agreement. D. This Agreement shall commence upon execution by both parties and shall terminate on October 31, 2023 E. The CONCESSIONAIRE or the CITY may terminate this agreement upon thirty (30) days written notice to the other party for any reason other than stated. 225913v1 F. This Agreement shall not be assignable except by the written consent of the CITY. G. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHOREWOOD ___________________________ Mayor ___________________________ CITY Clerk _________________________ Tonka United _________________________ Its _________________________ Tonka United _________________________ Its 225913v1 Item 2L City Council Meeting Item Title/Subject: Extension of IT Services Contract with Warner Connect Meeting Date: August 28, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: Addendum Dv2 Background Warner Connect (WC) has been the City’s IT consultant and provider since 2013, providing daily IT support, IT infrastructure and hardware planning, management and installation, and phone system infrastructure and support. The City’s 2013-2016 contract automatically renewed each year until 2019, when fiber infrastructure was installed to City Hall and connected the City’s facilities. At that time, the City entered into a five-year contract with WC which expires in 2024. As Council is aware, the City has experienced several internet and phone outages over the past several months, leaving the City and residents without these critical and basic operational resources. WC has investigated the causes of these outages with the current long haul fiber provider and is taking steps to change providers as a result. The contract for the City’s internet service is with WC, however, the long-haul fiber contract is set to expire in October. WC is not willing to extend this contract due to the past poor performance/outages. The new fiber provider requires that WC have a three-year minimum contract with its client. WC is therefore proposing a three-year extension of its contract with the City with no cost increase for this service. Financial Considerations There is no additional financial impact with the proposed change or contract extension. The extension of the contract with WC will be for a duration of 3 years. Action Requested Motion to approve the contract extension, Addendum Dv2, with Warner Connect to October 31, 2026. 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 23-087 A RESOLUTION AWARDING CONTRACT FOR THE 2023 DRAINAGE AND UTILITY IMPROVEMENT PROJECT; CITY PROJECT 23-05 WHEREAS, quotes for the 2023 Drainage & Utility Improvements Project were received on August 21, 2023 opened and tabulated according to law, with the following quotes received: Base Bid Amount Base +Alternate Contractor Schneider Excavating $157,431.01 $176,582.91 Valley Paving $184,937.00 $195,477.00 New Look Contracting $232,076.00 $248,626.00 WHEREAS, City staff recommends award of the base bid low quote for the 2023 Drainage & Utility Improvements Project; and WHEREAS, Schneider Excavating & Grading, Inc. is the lowest responsible bidder; and WHEREAS, Schneider Excavation & Grading, Inc. is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and WHEREAS, City staff recommends award of Change Order 1, to complete Wedgewood Drive repair paving as part of this contract for an additional $6,378.40; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Hereby authorized and directed to enter into a contract with Schneider Excavating & Grading, Inc. based on the lowest quote amount of $157,431.01 in the name of the City of Shorewood for the 2023 Drainage and Utility Improvements Project according to the plans and specifications on file in the office of the City Clerk. 2. Hereby authorized and execute Change Order 1 with Schneider Excavating and Grading for $6,378.40 for additional repair paving on Wedgewood Drive. th Adopted by the City Council of Shorewood, Minnesota this 28 day of August, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk Item 2N City Council Meeting Item Title/Subject: Approval of Revised South Lake Minnetonka Police Department Joint Powers Agreement Meeting Date: August 28, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: Resolution and Joint Powers Agreement Redlined Joint Powers Agreement Background The Joint Powers Agreement that governs the South Lake Minnetonka Police Department is set to expire at 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 instead proposed a host of changes to the JPA at the April 11, 2023 Coordinating Committee meeting. A number of the changes were relatively minor and generally not viewed as particularly controversial. These included:  Various clarifications and updating terminology.  Reducing five-year data intervals to three  Adjusting the procedure if an annual budget is not approved. (Sec 7, Subd 2, A and D, respectively)  Tasking the Operating Committee (City Administrators/Manager) with day to day supervision of the Chief. (Sec 6)  Adjustments to requirements for a party to withdrawal or dissolution of JPA (Secs 10 & 11)  Expenditure guidelines for the Chief (Sec 12) nd Council discussed the proposed modifications at it May 22 work session and assigned Mayor th Labadie and Councilmember Sanschagrin to the JPA working group, which met on June 7. The most notable changes included:  Duration of JPA: 20 year term, beginning August 1, 2023, which will automatically renew for an additional 20 year term unless a member submits notification two years in advance. (Section 8). o Terms of five, ten and indefinite periods were also discussed. Shorter periods were favored by Excelsior which wanted an opportunity to review the JPA for frequently in light of the changing policing practices, as well as provide members more leverage to propose changes. The working group felt that for the stability of the department and strategic planning, it was important to have a longer term for the JPA.  Formula: Retain the current formula structure, which includes using the 2006 arbitration formula. However, the working group agreed to reducing the data review intervals from five years to three years (Section 7, B). 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 o It should be noted that new formula will be implemented in 2026 for the period of 2027-2029. The formula will use tax capacity and incident call report data from 2023, 2024 and 2025. Population data will be from 2024, 2023, and 2023 due to availability. The numbers in Exhibit A of the JPA are illustrative and use data from 2017-2020. o Several alternative formulas were discussed, including changes to the weight of the formula components. Although proposed changes may result in a simpler formula, the majority of the working group believed it wasn’t worth the protracted process to explain and gain support of the member councils.  Additional Modifications: o A number of modifications were made to clarify or clear up existing language; added duties to the operating committee (Section 6, D) and the coordinating committee (Section 5, Subd 12); o Added the budget formula to the JPA (Section 7, Subd 2); o added language about the timing of a withdrawal (Section 10, Subd 1, A), revisions to the JPA in such and event (Subd 3) and clarified that the JPA remains in full force and effect until remaining parties vote for dissolution (Section 11, subd 1). o Allow the Chief to make unbudgeted expenditures up to $20,000 without the operating committee’s approval. (Section 12, G) o Set a time frame for dispute resolution (Section 14) On June 26, 2023, the Shorewood City Council approved the JPA dated 6-13-23, although there was an expectation that revisions could yet be made to it. On July 12, 2023 language was added by the Coordinating Committee to Section 5: Powers & Duties of the Committee, Subd 4. stating that the Coordinating Committee shall approve new positions “by unanimous vote of the Committee”. (See the highlighted text in the redlined draft of the JPA.) The intent of the addition was to further clarify which duties required unanimous agreement among the members. st Since July 12, the Excelsior City Council has considered the JPA and on August 21 voted 5-0 to approve it. Financial Considerations Currently Shorewood spends approximately $1.5M on policing. Not entering into an updated JPA would require contracting with another community – perhaps for more money and less service – or establishing its own police department, likely at two to three times the current operating cost. Action Requested Motion to adopt the attached resolution approving the revised joint powers agreement and authorizing the Mayor to execute the joint powers agreement. A majority vote by the Council is required. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-088 A RESOLUTION APPROVING A REVISED JOINT POWERS AGREEMENT GOVERNING THE SOUTH LAKE MINNETONKA POLICE DEPARTMENT WHEREAS, the Cities of Shorewood, Excelsior, Tonka Bay and Greenwood are members of the South Lake Minnetonka Police Department, which is established through a joint powers agreement (JPA), originally executed in 1973 and modified from time to time pursuant to Minnesota Statutes Section 471.59; and WHEREAS, the current joint powers agreement is due to expire at the end of 2023; and WHEREAS, the current member cities desire to continue to operate the JPA in order to provide high quality police services to the community at a cost effective manner; and WHEREAS, the Shorewood City Council previously approved revisions to the JPA in Oct. 11,2022 and June 26, 2023 (Resolution 23-065); and WHEREAS, the member cities have discussed and agreed on July 12, 2023 to further revisions to the joint powers agreement, which is attached to this resolution as Exhibit A; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood approves of and authorizes the Mayor to execute the finished draft of the joint powers agreement attached as Exhibit A. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28 day of August 2023. __________________________ Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk EXHIBIT A Joint Powers Agreement South Lake Minnetonka Police Department 5A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, JULY 25, 2023 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Hirner convened the meeting at 7:01 p.m. A. Roll Call Present: Chair Hirner, Commissioners Levy, Garske, Wenner, Czerwonka City Council Liaison Callies; Parks and Recreation Director Crossfield; Planning Director Darling Absent: None B. Review Agenda Garske moved to approve the agenda as written. Levy seconded the motion. Motion carried 5-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of March 14, 2023 Levy moved to approve the minutes of the March 14, 2023 meeting as written. Garske seconded the motion. Motion carried 5-0. B. Park Commission Meeting Minutes from May 23, 2023 Wenner moved to approve the minutes of the May 23, 2023 meeting as written. Garske seconded the motion. Motion carried 5-0. C. Park Commission Meeting Minutes from June 13, 2023 Garske moved to approve the minutes of the June 13, 2023 meeting as written. Levy seconded the motion. Motion carried 5-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. Mill Street Trail Public Participation Phase II Luke Sandstrom, Hennepin County engineer, Project Manager for the Mill Street project, gave an overview of the proposed layout for the project and reviewed the next steps. He noted that the have gone through Phase 1 of the public engagement process with the two proposed options which were: to completely narrow the road and remove the shoulders entirely with the 6 foot PARK COMMISSION MINUTES TUESDAY, JULY 25, 2023 PAGE 2 OF 7 boulevard and the 10 foot trail; or to reduce the shoulders to four feet shoulders along with a 6 foot boulevard and the 10 foot trail, but allowed them for bikers to use. He stated that based on about 800 responses from various forms of public engagement, 58% percent of people selected option 2 with bikeable shoulders, option 1 received 27%, and 9% stated that either option would work, 4% wanted more information, and 2% didn’t like either option. He noted that the entire proposed layout is available for viewing on the website. He explained that they would be moving into the next phase of the public engagement process to solicit feedback on the preferred option and noted that the plans are for construction in the summer of 2025. Chair Hirner stated that within the Shorewood section of the project area there are a lot of houses that are below road grade and expressed concern that this project does not end up flooding yards that will cause problems for the homeowners. Mr. Sandstrom assured the Commission that the way this will be designed is that the trail will tip towards the street so they will not add any additional slope and flow. He noted that in some sections they will be adding curb and gutter so there will not be overflow into the ditches. He stated that there are watershed requirements when they do this type of construction which means rate and volume controls will be required and noted that they should be able to work with property owners to mitigate this type of concern. Chair Hirner stated that it does not look like the current trail pathway from Chanhassen is 10 feet and asked about the current dimensions. Mr. Sandstrom stated that he does not know those dimensions are. Chair Hirner questioned whether then needed the 10 foot wide pathway if they planned to keep the 4 feet of bike lane in the roadway. Mr. Sandstrom stated that he did not know the age of that portion of the pathway, but explained that their standard, moving forward is 10 feet wide for multi-use paths. He stated that even though there is a bike lane in the roadway, there are still people who are uncomfortable biking in that location. He explained that having two-way traffic with less than 10 feet would be a concern. Commissioner Levy asked if there were any pinch points in the plans. rd Mr. Sandstrom stated that in the first round there was a pinch point just south of 3 in Excelsior where there are two existing retaining walls. He stated that they have worked with the property owner who has indicated that they are open to having that wall replaced and moved closer to the property, so they will have enough space to carry the bike lanes all the way through and will not have a pinch point. Planning Director Darling noted that a 10 foot trail also opens then up to funding sources that an 8 foot trail would not so it gives them more access to potential grant funds. Chair Hirner referenced a letter from Nancy Peterson, that was included in the packet that expressed concerns about this project and the trail connection, in general. He stated that he was hoping to attend some of the public engagement sessions in order to hear what people think. B. Request for Pickle Ball Courts Letter PARK COMMISSION MINUTES TUESDAY, JULY 25, 2023 PAGE 3 OF 7 Chair Hirner referenced a letter the City had received from Kerri Hexum requesting that the City add pickleball courts to the City. He asked for staff input on this request. Planning Director Darling noted that the existing tennis courts at Manor, Badger, and Cathcart, are all striped for use as pickleball courts as well. Commissioner Wenner noted that the letter mentioned something about an issue with the net height and asked if they were adjustable. Park and Recreation Director Crossfield confirmed that the net heights for tennis and pickleball are different and explained that she had not yet come across an adjustable net that would be feasible for use by the City. She stated that she can research it more and noted that she had heard good things about portable/retractable nets. She stated that what she has heard from pickle ball players in the City is that the striping on the courts is confusing because they are for both tennis and pickleball. She stated that the most frequent request she gets is for dedicated pickleball courts. She explained that Victoria had just opened up 8 pickleball courts and Chanhassen and Hopkins also have a number of them. She showed images and examples of how tennis courts have been repurposed as pickleball courts and a rendering of what could possibly be done at Southshore for 3 courts but noted that the pavement would need to be expanded a bit. Commissioner Wenner noted that this possibility was discussed during the park tours partially because of the potential noise issue and that it would be walkable from the senior center. She stated that she thinks the issue was that the paving was not included in the budget plans and that the current parking lot would need to be regraded. Planning Director Darling stated that she believed within the next few years the City will be putting together a master plan for Southshore. She stated that at that point the Commission could incorporate whatever features they like into the plan. She stated that once they do that staff can come up with estimates and include it in the CIP. Chair Hirner asked how large the parking lot is at Southshore. Commissioner Garske stated that thinks it is about 60x94 feet based on the information presented by Park and Recreation Director Crossfield. Park and Recreation Director Crossfield clarified that she had gotten her information by using the Google Maps measuring tool. Chair Hirner stated that he agreed that he thinks they could fit 3 pickle ball courts fairly easily in Southshore, but if they push it to more, he suspects it will impact a large portion of the parking lot, which then causes problems for people coming to play pickleball. Commissioner Wenner noted that the community garden would also still be there and require some parking. Chair Hirner stated that he thinks they just need to take some time to think about how many courts they can get in there without jeopardizing the parking situation. He asked where else the City could put pickleball courts without causing contention by potentially taking away a tennis court or cause a nuisance for nearby residents. PARK COMMISSION MINUTES TUESDAY, JULY 25, 2023 PAGE 4 OF 7 Planning Director Darling explained that the City had taken a look at the Manor Park tennis courts and thought they could do some public engagement and see if people wanted to replace the standard tennis courts with pickleball. She stated that her understanding is that these courts are mostly used for pickleball anyway but stated that this would definitely be something that needed to be taken to the community. She stated that they have also had some conversations about the potential to re-use the ice rink in Cathcart. Commissioner Garske stated that he had actually played his first round of pickleball today. He stated that it is an all ages activity where they can be competitive against each other. He stated that he also likes that it is more open and you can just show up and play. He stated that it is a growing sport that definitely has demand and noted that to the idea of ‘taking away’ a tennis court, he would say that they could use that same space to create 4 pickleball courts that can have 4 players a time, which means they are switching out 2 people enjoying the surface, to 16 people. Chair Hirner asked how many pickleball courts could fit on the ice rink space. Commissioner Garske stated that using Google maps it appears as though it is about 200x100. Planning Director Darling cautioned that she did not think the City could have both uses and would have to make a decision about which one they would prefer. Park and Recreation Director Crossfield noted that Minnetonka had pickleball courts in a hockey rink and they had an issue every year of the posts heaving out from the freezing in the winter so there was an ongoing maintenance issue. Chair Hirner asked if there may be a way to put in a row of pickleball courts alongside the hockey rink. Planning Director Darling stated that staff would have to do some measuring to see if that may be possible. Commissioner Levy stated that at Freeman Park there is a lot of space and thinks having a pickleball court here may be a good idea for the family members of someone who may be at the park utilizing the ballfields and suggested locating them near the concession stand. Commissioner Garske stated that the entire Commission has expressed interest in finding a way for the City to include pickleball courts and asked if it will need to await the master plan when they are overhauling a park before one could be added. He asked if it was something that the Commission could fit in within the next 2 years. Planning Director Darling stated that it could be added to a master plan and explained that the reasons they were planning to put together a master plan for Southshore was because they essentially have no facilities there. Commissioner Wenner asked that someone from staff respond to Ms. Hexum and let her know that the Park Commission is considering this issue and looking into various options. Park and Recreation Director Crossfield stated that staff will communicate with Ms. Hexum but noted that this e-mail was not the only one the City had received on this topic. PARK COMMISSION MINUTES TUESDAY, JULY 25, 2023 PAGE 5 OF 7 Chair Hirner noted that Planning Director Darling had indicated that the striping for the pickleball courts make it difficult for people and asked if there may be something the City could do as a short term fix for this issue, such as differing the colors of the striping. Park and Recreation Director Crossfield noted that the City could reach out to the pickleball community and ask about that option or other short term solutions. Chair Hirner asked staff to reach out to them so the Commission can look at things over the winter to see if there is anything that can be done to help while working on budgets/priorities and a long term solution. C. Park Tour Recap Chair Hirner stated that he was very pleased as the Commission walked through the parks this year with the work that Public Works has done to maintain the parks. He stated that he thought the parks looked really good and noted that he thinks their list of things yet to do was also not very long. Commissioner Levy stated that she appreciated the openness that City staff had for suggestions that the Commission had and that they were accepted them without any eye rolling. Park and Recreation Director Crossfield noted that she had pulled items from the park tour minutes as things for the Commission to discuss. Chair Hirner stated that the hockey boards are on the list and noted that he believes they got a few extra years out of the boards when they did the painting project. He suggested that it may be time for another painting party if that would be enough to give them a few more years before they have to consider a larger replacement project. He asked if it was too late to coordinate that type of project for this fall so the boards would be ready by hockey season. Planning Director Darling stated that the Carlson Companies arranged for donations of paint and used their own sprayers last time, which really cut down the amount of time it took to complete the painting. Chair Hirner reiterated that he felt doing the painting was a very successful way to buy ‘extra years’ for the hockey boards. He stated that many of the other items of note were more maintenance type items that could be taken care of by Public Works staff. Commissioner Garske stated that he believes that the water fountain may be a significant item because there was a suspicion that the plumbing under the pad was smashed up. Commissioner Levy asked if the City had gotten any feedback on the concession vendor. Park and Recreation Director Crossfield stated that they concluded their season at the end of June. She explained that they are trying to coordinate a meeting in order to connect and see how things went but they have had conflicts with schedules. She noted that regarding the list of items included in the park tour minutes, staff has updated the restroom signage and is checking the grill to remove charcoal when it is used. PARK COMMISSION MINUTES TUESDAY, JULY 25, 2023 PAGE 6 OF 7 Planning Director Darling noted that Public Works had some concerns related to charcoal disposal about people handling hot coals and would rather let it sit and cool in the grill and have it removed the following day. Chair Hirner asked about the holes in the nets and if that was something the City could ask the Lacrosse Association to help fix. Park and Recreation Director Crossfield stated that they can certainly ask them. Chair Hirner asked what the City’s policy is on sponsorships or advertising on the fences or hockey boards. Planning Director Darling explained that the way the ordinance reads is that it requires a CUP and is only allowed within Freeman Park. She stated that they have to put up an insurance certificate in case they damage the fence because signage does not allow for air flow. Chair Hirner explained that if the banner type signs with cut outs for air flow were allowed he wondering if that could be something that the City could encourage to help add an additional layer of protection to the fencing and serve as a fundraiser for the associations. Planning Director Darling stated that it would require an ordinance amendment. Park and Recreation Director Crossfield explained that the Lacrosse Association is willing to contribute funds. She stated that she will find out more information and report back to the Commission at a future meeting. Commissioner Garske noted that at Manor Park, the tennis court net is completely destroyed and needs to be replaced. Planning Director Darling stated that they had also asked City Engineer Budde for some cost estimates for the retaining wall so they can include that in the CIP. Chair Hirner stated that before the City replaces the retaining wall they will want to make a determination on what is happening with pickleball courts in that area and potentially combine projects. He noted that something that seemed to come up frequently during the park tour was areas where people felt it would be nice to add picnic tables here and there. He stated that the message received from staff was that they were almost out of available picnic tables. He asked if staff could get a determination from Public Works on what, if any, picnic tables were available so they could plan accordingly in the budget. 5. OLD BUSINESS 6. STAFF AND LIAISON REPORTS / UPDATES A. City Council Councilmember Callies gave an overview of recent Council activities and discussions that may be of interest to the Park Commission. B. Staff PARK COMMISSION MINUTES TUESDAY, JULY 25, 2023 PAGE 7 OF 7 Park and Recreation Director Crossfield stated that the Concert in the Park event was held last week which had about 130 individuals in attendance and went over very well. She stated that the City has received requests for more concert events next year. She reminded the Commission that Movie in the Park would be held on August 11, 2023 at Freeman Park and on September 30, 2023 will be an Oktoberfest event. She stated that they are looking for volunteers for the Oktoberfest event and reviewed some of the events planned afterwards by the Rotary Club at the American Legion. She encouraged Commissioners to contact her if they were able to volunteer and assist that day. Planning Director Darling reminded the Commission that the Council had asked that the Commissioners attend at least 2 of the 4 major community events each year. Park and Recreation Director Crossfield noted that tonight was Commissioner Levy’s last meeting since she would be relocating out of the City and expressed her appreciation the time she had served. 7. ADJOURN Levy moved to adjourn the Park Commission Meeting of July 25, 2023 at 8:10 p.m. Garske seconded the motion. Motion carried 5-0. Park Commission Meeting Item Item Title/Subject: Mill Street Trail Project 4A Meeting Date: August 22, 2023 Prepared by: Marie Darling, Planning Director Reviewed by: Janelle Crossfield, Parks and Recreation Director Attachments: Memo and information from Hennepin County Correspondence Received Background: In 2011, the ad hoc Trail Committee identified Mill Street as a high priority trail needed by the community. The City Council adopted the plan and has used the plan to implement the Smithtown Road Trail. This year the Strawberry Lane trail is under construction. The CIP shows the Mill Street trail project proceeding forward with right of way acquisition in 2024 and construction in 2025. In 2013, the City of Shorewood led a feasibility study for the Mill Street Trail Improvements project. This report studied the feasibility of adding an off-street trail on the east side of Mill Street. In 2020 the City of Excelsior completed a similar study which incorporated the findings from Shorewood’s 2013 study and showed a complete off-street trail connection from the City of Chanhassen, through Shorewood and into the City of Excelsior. The County recently completed a series of public engagement opportunities to review two alternatives and presented their findings earlier this year. They then presented the preferred option to the public at two public events and virtually. Action Requested: Based on the input received, the two cities must decide whether to provide municipal consent to the project to allow the project to proceed. This evening, staff is asking the Parks Commission to take and consider any public testimony that may be offered at the meeting as well as the attached materials from Hennepin County and provide a recommendation on Shorewood’s consent to complete the final plans and then to begin the right-of-way acquisition for the project. Hennepin County will request a separate municipal consent for construction next year. The Park Commission recommendation would be forwarded to the City Council on August 28, 2023. Staff will also be requesting the City Council provide consent for a state bonding request to help pay for Shorewood’s portion of the trail cost (50 percent of the total project cost). Marie Darling From:Nicky Bedford <nickycbedford@gmail.com> Sent:Friday, August 4, 2023 2:59 PM To:Marie Darling; CityHall; luke.sandstrom@hennepin.us Cc:Mike Bedford; David Andersen; Garyharju@yahoo.com; Nicky Bedford Subject:Mill Street Pathway Project - Comments/Concerns from 6025 Mill Street & Request for onsite visit to view property Attachments:6025 Mill St berm and mature trees front yard.JPEG; 6025 Mill St berm and mature trees road view 2.JPEG; 6025 Mill St berm and mature trees on north side of driveway (R) cone 33 ft from center of road.JPEG; 6025 Mill St berm and mature trees road view 1.JPEG; 6025 Mill St berm and mature trees boulders road view 5.JPEG; 6025 Mill St berm and mature trees road view 4.JPEG; 6025 Mill St berm and mature trees road view 3.JPEG; 6025 Mill St berm and position of well front yard.JPEG; 6025 Mill St berms and mature trees on south side of driveway (L) cone 33 ft from center of road.JPEG; 6025 Mill St driveway berm on south side of driveway (L) 1.JPEG; 6025 Mill St driveway berm on north side of driveway (R) 1.JPEG; 6025 Mill St driveway berm on south side of driveway (L) 2.JPEG; 6025 Mill St inside kitchen.JPG; 6025 Mill St inside living rm.JPG; 6025 Mill St inside kitchen-sink.JPG; 6025 Mill St inside looking out from door.JPEG; 6025 Mill St inside office view.JPG Dear City of Shorewood & Hennepin County - Marie Darling, Shorewood Planning Director - and Luke Sandstrom, Hennepin County Project Manager - My name is Nicky Bedford and I am writing to you on behalf of me and my husband Mike Bedford located at 6025 Mill Street. I've also copied my neighbors that live directly on both sides of us; David and Annell Andersen (6035 Mill Street) and Gary and Susan Harju (5895 Mill Street). We are all located in Section A of the proposed pathway project, which is the widest section of the proposed plan. I would like to have our comments and pictures documented for the Park Commission Meeting on August 22nd and for the City Council Meeting on August 28th. The pictures I've attached are from the Bedford property only but I believe my neighbors have shared concerns and similar issues. To recap my husband and I did attend your open house at the church on August 3rd. We did meet with Marie and Luke and so this is a follow up to that introduction. Luke - we would like to set up an in person onsite meeting at our house ASAP. We are concerned about how this pathway is going to affect us. The current "preferred plan" cuts considerably into our front yards and goes straight down the middle of our privacy berm. It would be nice if we could find a time when you could visit all three properties, please let us know your first availability. See below the list of topics we'd like to discuss and submit to the city of Shorewood and Hennepin County:  Increased traffic noise due to loss of berm barrier and mature trees.  Loss of privacy and safety. The path brings the road closer to the house, therefore more people are closer to the house.  Decrease in property value? House will be even closer to a busy road. 1  Would you be assessing us for this project?  Increased taxes?  Loss of current landscaping. Need compensation for new landscaping and/or fence?  What sort of compensation will Hennepin County and City of Shorewood offer us, if any?  Want to save our existing boulders and mature trees.  Who moves our mailbox?  Our driveway would be shortened.  If you do construction too close to the mature trees it's unlikely the roots would survive, and/or if you remove these trees, we will lose our shady yard.  Our well is also right up close to the berm. It's possible we'd need to drill a new well and we should not have to pay for that.  Chanhassen's path is only 8 feet, why do we need 10 feet?  Current bikers today don't use the path, they use the road.  Why can't we stick with a more conservative path, and go with Section C for the whole path.  Concerned that widening the road will only encourage people to drive faster. We already struggle with speeders every day! Thank you for taking into consideration our issues and concerns. We look forward to getting some answers to the above questions as soon as possible. Luke - we look forward to hearing from you as to your availability on coming out to visit our properties. Sincerely, Nicky and Mike Bedford 6025 Mill Street, Shorewood, MN 55331 Nicky cell 612-720-6969 Mike cell 612-209-4874 2 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-xxx A RESOLUTION SUPPORTING HENNEPIN COUNTY'S PREFERRED LAYOUT FOR THE MILL STREET PATHWAY PROJECT Whereas, in 2013 the City of Shorewood completed a feasibility study for constructing an off-street pathway along Mill Street; and Whereas, in 2020 the City of Excelsior completed a feasibility study for adding an off- street pathway along Mill Street that also incorporated the findings from the City of Shorewood’s 2013 feasibility study; and Whereas, Hennepin County has taken these studies and developed design alternatives for the pathway alignment; and Whereas, Hennepin County has completed a public engagement process and has narrowed down the options to a preferred layout that provides improved safety for all modes; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The City of Shorewood approves the preferred layout for the Mill Street pathway from the Shorewood city limits at the Chanhassen/Carver County Boundary to the Shorewood city limits at the Excelsior Boundary. 2. Hennepin County is hereby authorized to acquire all right-of-way, permits, and/or easements required for the improvements shown in the preferred layout. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of August, 2023. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk Marie Darling From:James Douglas <jamesgdouglas@hotmail.com> Sent:Tuesday, March 7, 2023 12:19 PM To:Planning Subject:Development 24250 Smithtown Rd. In the nearly four decades my wife and I have lived at 24010 Smithtown Road in Shorewood, we’ve experienced a drama?c increase in vehicular traffic on Smithtown Rd. There are occasions when access from our drive to the street can take several minutes due to heavy traffic flow. That traffic can also pose danger to residents living on Smithtown. Twice I’ve been nearly struck while checking my mailbox at the curb. Evidently, some west bound motorists assume the right hand turn lane onto Shorewood Ln is a through street. In recent months South Lake Minnetonka Police Department has stepped up speed enforcement on this por?on of the street due to excessive viola?ons. Further residen?al development in the immediate area is bound to exacerbate what is already a deeply concerning traffic pa?ern along Smithtown Rd. Sent from my iPad 1 MEMORANDUM Date: August 18, 2023 To: Marie Darling, Planning Director From: Matt Bauman, PE Subject: 24250 Smithtown Road/Lake Park Villas – PUD Final Plat Application City of Shorewood Project No.: 0C1.130016 The following documents were submitted for review of compliance with the City of Shorewood’s Local Surface Water Management Plan and Engineering Standards:  Civil Plans revised dated 8/17/2023  Stormwater Drainage Report dated 8/16/2023  Two-Foot Freeboard Memo dated 7/13/2023  Stormwater BMP Inspection and Maintenance Plan dated 6/29/2023  Final Plat This review included the documents listed above and additional prior PUD Preliminary Plat Application materials, primarily dealing with grading, modelling and stormwater management. General 1. Public infrastructure owned by the City of Shorewood shall be constructed in accordance with City Standard Details and Specifications. 2. Confirm construction method and its approval by Hennepin County (including traffic control plan) to connect the sanitary sewer to the metropolitan council manhole in Smithtown Road. 3. Complete Encroachment Agreement for placement of private street over public utilities. 4. Receive approval of plans by Fire Department. Storm Sewer and SWPPP 5. Update the Stormwater BMP Inpsection and Maintenance Plan Exhibit A to match 8/17 revisions and include grading contours for the ponding area 6. Complete Stormwater Maintenance Agreement a. The storm sewer and stormwater management features will be owned and maintained by the homeowner’s association. b. Owners of private stormwater facilities shall enter into an agreement with the City of Shorewood (and jointly with Tonka Bay) describing responsibility for the long-term operation and maintenance of the stormwater facilities and shall be executed and recorded with the final plat. A stormwater maintenance agreement is included with this review. C:\\Users\\mdarling\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\RN0VVYVL\\2023-08-18_24250 Smithtown_PUD Final Plat Review.docx Name: 24250 Smithtown Road/Lake Park Villas Date: August 18, 2023 Page: 2 c. Notes/comments to be addressed prior to construction: 1. Prior to the start of any construction, permits shall be secured with the following at a minimum: a. Hennepin County utility work in right of way b. Minnehaha Creek Watershed District c. MPCA Construction General Permit d. Minnesota Department of Health e. Metropolitan Council Environmental Services 2. Retaining walls over 4’ high shall be designed by a registered professional engineer. a. Ensure adequate fall protection for the retaining walls. 3. Irrigation mains are not allowed in City Right of Way without an encroachment agreement and subject to the approval of the City Engineer. 4. Include profiles views of water and sewer mains 5. Recommend to include profile views of the storm sewer runs. 6. Address SWPPP comments: a. List person who will oversee implementation once Contractor is selected. b. Provide training documentation for person to conduct inspections. 7. The storm sewer and stormwater management features will be owned and maintained by the homeowner’s association. a. Owners of private stormwater facilities shall enter into an agreement with the City of Shorewood (and jointly with Tonka Bay) describing responsibility for the long-term operation and maintenance of the stormwater facilities and shall be executed and recorded with the final plat. An operations and maintenance plan for the proposed stormwater system should be included with future submittals. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 601 AN ORDINANCE AMENDING SECTION 1201.09 SUBD 2 OF THE SHOREWOOD ZONING CODE – THE SHOREWOOD ZONING MAP (LAKE PARK VILLAS PUD) Section 1: Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described as follows: That part of Lot 3, Auditor’s Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesota, lying east of the west 220.82 feet of Lot 3; and lying southerly and westerly of the following described line A: Line A: Beginning at a point on the east line of the west 220.82 feet of Lot 3 a distance of 430 feet north of the northerly boundary of County Road 19; thence east at right angles to a point distance 70 feet west of the east line of Lot 3; thence south parallel to the east line of Lot 3 to the northly boundary of County Road 19 and there terminating. From the R-2A (single/two-family) zoning district Into the PUD (Planned Unit Development) zoning district. Section 2: Failure of the Developer, its successors and assigns to comply with the conditions of approval for the PUD or to gain the appropriate approvals for the portion of the development within the City of Tonka Bay, may result in the re-zoning of the property back to R-2A, Single/Two- Family Residential. Section 3: That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the PUD (Planned Unit Development) zoning district. Section 4: That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 28th day of August, 2023. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk Item 8A City Council Meeting Item Title/Subject: Tobacco License – Shorewood Tobacco Meeting Date: August 28, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Brenda Pricco, Deputy City Clerk Attachments: Resolution Background: Pursuant to Section 302 (Sale of Tobacco) of the Shorewood City Code and the Shorewood Master Fee Schedule, retailers within the city limits who wish to sell tobacco products are required to obtain a license from the city. Shorewood City Code provides that an applicant completes an application and pays a licensing fee to be considered for a city retail tobacco license. The city received an application for a Retail Tobacco License from Maan Altamimi on July 31, 2023, for Shorewood Tobacco, Inc. located at 19905 Highway 7 in the Waterford Center. Maan Altamimi plans to purchase the business, Shorewood Tobacco Inc., from the current owner Ahzar Al-Abboodi. Mr. Altamimi has successfully submitted a complete application, passed a background investigation through South Lake Minnetonka Police Department (SLMPD), paid the current tobacco license fee of $250 and signed and is compliant with all requirements for obtaining a license and has agreed to abide by the city code tobacco licensing requirements. The Tobacco code includes providing access to the police department during regular business hours and an annual compliance check. The period of this license to sell tobacco in the City of Shorewood is effective upon approval and through October 31, 2023. At that time, the license will come up for annual renewal along with other tobacco licenses for the period of November 1, 2023, through October 31, 2024. The City’s 2022 moratorium prohibiting the sale of limited THC products expired in July of 2023. The MN Department of Health provides guidance for limited THC product sales. Low dose (<0.3%) hemp derived THC sales are now allowed in Shorewood and the City is not regulating sales. THC products are available to those 21 years of age and older. Sales are limited to 5mg/serving and 50mg/package. Products are required to be located behind the counter and locked. No artificially derived ingredients are currently allowed except for Delta 8 and Delta 9. Violations are reported to the MN Department of Health. On or before October 1, 2023, retailers of hemp derived THC must register with the Minnesota Department of Health. Beginning in 2025, hemp derived THC retailers will also need to obtain a license from the State Office of Cannabis Management and register with the City. Financial or Budget Considerations: The licensing fees of $250.00 collected as revenue offset the expense of issuing the permit and enforcing the tobacco licensing code pursuant to Shorewood’s Master Fee Schedule. Recommendation/Action Requested: Motion: Staff respectfully requests the city council approve Resolution: Shorewood Retail Tobacco License to Maan Altamimi; Shorewood Tobacco, Inc. located at 19905 Highway 7 in the Waterford Center in Shorewood, MN 55331 to Sell Tobacco Products through October 31, 2023. Motion, Second, and Simple Majority required. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-091 A RESOLUTION APPROVING A LICENSE TO SELL TOBACCO PRODUCTS IN THE CITY OF SHOREWOOD TO SHOREWOOD TOBACCO, INC. WHEREAS, Sections 302 of the Shorewood City Code provide for the licensing of the sale of tobacco products in the city and requires all licensees comply with the code; and WHEREAS, the Shorewood City Code provides that an applicant shall complete an application, pay a licensing fee, and successfully pass a background investigation; and WHEREAS, the following applicant has satisfactorily completed an application, paid the appropriate fee, and passed a background investigation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the sale of tobacco products be issued for a term expiring on October 31, 2023, consistent with the requirements and provisions of Chapter 302 of the Shorewood City Code to the following applicant: Applicant Address Maan Altamimi 19905 Highway 7 Shorewood Tobacco, Inc. Shorewood, MN 55331 ADOPTED by the City Council of the City of Shorewood this 28th day of August 2023 _______________________________ ATTEST: Jennifer Labadie, Mayor ____________________________________ Sandie Thone, City Clerk