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05-28-19 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS TUESDAY, MAY 28, 2019 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ B. Review Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes from May 13, 2019 Minutes B. Approval of the Verified Claims List Claims List C. Approve 2019 Data Practices Policies and Updates City Clerk Memo Resolution 19-048 3. MATTERS FROM THE FLOOR (No Council Action will be taken) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Ken Potts, City Prosecutor B. Deborah Zorn, Lake Minnetonka Conservation District 6. PARKS A. Report by Commissioner Mike Hirner on the 5-14-19 Parks Draft Minutes Commission Meeting 7. PLANNING A. Report by Commissioner Dustin Maddy on the 5-7-19 and 5-21-19 Minutes for 5-7-19 Planning Commission Meetings B. Appeal Zoning Violation Notice Planning Director Memo Resolution 19-049 CITY COUNCIL REGULAR MEETING AGENDA – May 28, 2019 Page 2 8. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications and Authorize the Public Works Director Memo Advertisement for Bids for 2019 Bituminous Mill and Overlay, Resolution 19-050 City Project 19-02 B. Approve Professional Services Agreement for the Public Works Director Memo Woodside Road and Woodside Lane Street Reclamation Project Resolution 19-051 Feasibility Report, Preliminary Design, and Final Design, City Project 19-04 C. Approve Professional Services Agreement for Strawberry Lane Engineer Memo Topographic Survey, City Project 19-05 Resolution 19-052 D. Accept Proposal for Upgrade to Amesbury Well Controls Public Works Director Memo Resolution 19-053 9. GENERAL/NEW BUSINESS A. Ordinance 565 Amending City Code Section 1001 Building Code Planning Director Memo Ordinance 565 Resolution 19-054 B. Approve RFP for Engineering Services City Administrator Memo C. Approve Street Inspector Position Description and Authorize City Administrator Memo Advertisement 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. April General Fund Report Finance Director Memo 2. Spring Clean Up 3. Boulder Bridge Pond Update 4. June 10 Park Commission Interviews Start Time B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 13, 2019 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson (arrived at 7:40 p.m.), Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None B. Review Agenda Siakel moved, Labadie seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. City Administrator Lerud mentioned a change to the minutes of the work session. Siakel moved, Sundberg seconded, Approving the Items Contained on the Consent Agenda, as amended, and Adopting the Resolutions Therein. A. City Council Work Session Minutes from April 22, 2019 B. City Council Regular Meeting Minutes of April 22, 2019 C. Approval of the Verified Claims List D. Polling Place Resolution, RESOLUTION NO. 19-045, “A Resolution Designating 2020 Polling Precinct Locations for the City of Shorewood.” E. Copier Purchase Recommendation F. Approve Regular Appointment of Andy Eslinger to Light Equipment Operator-Utilities Position, Public Works G. Approve Agreement Between SLMPD and City of Excelsior for 2019 Dock and Park Patrol Services Motion passed 4/0. 3. MATTERS FROM THE FLOOR - None CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2019 Page 2 of 5 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS A. Fall/Winter Photo Contest Winners City Clerk Thone gave an overview on the Fall/Winter Photo Contest and the winners in each category. She noted that there were a lot of great submissions and noted that winning photos and other entries are on display at City Hall and the Community Center. She reminded residents about the upcoming Spring/Summer Photo Contest and encouraged people to submit their photos. B. Minnetonka Community Education/Tour de Tonka Tom Litfin, Executive Director of Community Education, gave an overview of their annual survey on their programs as well as their customer service. He noted that they have been tracking the data that shows that they were able to hold eight-five percent of the classes that were scheduled. Ms. Blegum-Blad, Preschool and ECFE Coordinator, gave a brief overview of the survey that they conducted with the families that participate in ECFE classes. She showed some pictures of a field trip they took to the Westwood Hills Nature Center. She stated that they already have 334 students enrolled for 2019-2020 school year. Councilmember Labadie asked if there were enough spots for people who want to enroll their children because she can remember standing in line trying to enroll and knows that some people were shut out of enrollment in the past. Ms. Blegum-Blad stated that there are very minimal waiting lists. She noted that the biggest barrier in their preschool enrollment is wrap around care which they cannot always address because they are limited by the building size. Mr. Litfin stated that they are looking to add on to their building which will help them expand the preschool and junior explorer classes as well as the wrap around care. Councilmember Labadie stated that she participated in a parenting class called “Been There, Done That” that was very helpful. She stated that she has heard from many people that they wish some of these parenting classes would still be offered for parents that have children older than preschool. Ms. Blegum-Blad stated that there is currently a K-3 parent talk which has been more popular than the preschool parent talk. She noted that there will be a new class added next year for parents with children ages birth to grade 3 based on a series of books on the wider age range. Councilmember Labadie noted that she believes the preschool field trip days are very valuable because the kids and their parents get to ride a school bus which helps them transition to school. Ms. Blegum-Blad thanked the Council for support ECFE throughout the area. Jenny Bodurka, Community Education Coordinator for Youth and Adult Programs, gave an overview of their Explorers Club and the Youth/Adult registration trends which are increasing. She gave an overview of their “Top Customer Event” and some of the feedback that had been received. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2019 Page 3 of 5 Elizabeth Hayward, Marketing for Minnetonka Community Education gave a brief overview of their website analytics and noted that their most frequently visited page was for Minnetonka Communication Education followed by Tour de Tonka and Youth Recreation. She noted that they printed and distributed about forty thousand copies of the Minnetonka Community Education catalogue. She noted that there are also flyers that are sent out via Peach Jar that has been very useful. Mr. Litfin reiterated that they are hoping to be able to add onto their existing building. He showed a brief pre-roll that will play on YouTube for marketing the Tour de Tonka event. Ms. Bodurka stated that Shorewood had 64 participants in last year’s Tour de Tonka event. She noted that last year the youngest rider was two and the oldest rider was eighty-eight. She stated that partner with the local ICA food shelf and have raised over sixty-eight thousand dollars, to date, for them. She thanked the area police and fire departments for partnering with the event to keep it safe along the route. Mr. Litfin showed an overview of the maps for all the different rides. He announced that the Tour de Tonka event will be held on August 3, 2019 and thanked the City for their continued support. Councilmember Labadie thanked Mr. Litfin for the many volunteer opportunities that they provide to the community. She noted that families have asked her to pass along a concern to Mr. Litfin about a “family cap” because an event such as the Firecracker Run which costs $50 per person for registration could become cost prohibitive for a family to participate. Mr. Litfin thanked her for this input and noted that thirty percent of the fees for the Firecracker Run are spent on the fireworks themselves. 6. PARKS A. Accept Bids and Award Contract for Badger Park Playground Site Work, City Project 19-01 Councilmember Johnson arrived at the meeting. Planning Director Darling gave an overview of the plans for Badger Park. She noted that three bids were received and noted that they had also included three alternate bids for additional smaller projects. She stated that staff recommends accepting the main bid and Alternate 2. Councilmember Sundberg asked about life expectancy of asphalt versus concrete. Public Works Director Brown stated that he would expect asphalt to last about ten years before any restorative work will need to be done and concrete usually lasts around twelve to thirteen years. Councilmember Sundberg asked for clarification of why staff was not recommending accepting Alternate 1 for the additional sidewalk trail. Planning Director Darling explained that staff made this recommendation because of costs and because it duplicates the inner circle trail. She noted that this has not gone back before the Parks Commission since the bids have been opened. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 19-046, “A Resolution Accepting Bids and Awarding the Contract for the Badger Park Playground Site work, including Alternate 2. City Project 19-01.” Motion passed 5/0. 7. PLANNING - None CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2019 Page 4 of 5 8. ENGINEERING/PUBLIC WORKS A. Approval of Plans and Specifications and Authorize Advertisement of Bids for 2019 Street Overlay Project, City Project 19-02 City Engineer Fauske noted that the City had received quotes and the lowest responsible quote was from Sir Lines-A-Lot. She noted that the City is looking to apply a different type of paint to Smithtown Road to add some longevity, which will be an additional cost. She explained that staff is recommending approval for work to begin in July. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 19-047, “A Resolution Accepting Quote and Awarding Contract for the 2019 Pavement Marking Project.” Motion passed 5/0. Mayor Zerby noted that he noticed some preformed epoxy or rubber sheets that were being installed near the pedestrian crossing near Oak Street. He suggested contacting them to find out how that is wearing since it gets similar traffic to Smithtown. Public Works Director Brown stated that the City will ask but noted that one of the things he has heard about the epoxy sheets is that they do wear better, but they can be very slick when they are wet. 9. GENERAL/NEW BUSINESS A. Potential Hazardous Building City Administrator Lerud noted that staff had been trying to work with the property owners of 5815 Club Lane regarding some concerning conditions. He stated that inspections had been completed on March 21, 2019 and the reports were shared with the property owners on April 4, 2019 and were given thirty days to respond. He stated that the attorney for the property owners had contacted the City and indicated that they are working on a plan to address the report. He stated that the next step in the process of determining a hazardous building is for the Council call for a hearing on the matter, which staff is recommending. Siakel moved, Johnson seconded, calling for a hearing for June 24, 2019 at 7:00 p.m. with the property owners, representatives, and lien holders of 5815 Club Lane. Motion passed 5/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Report on Mill Street Trail meeting Planning Director Darling stated that she attended the open house on the Mill Street trail and noted that there at least one hundred people in attendance. She gave a brief overview of the feasibility study and the comments received at the meeting about the safety concerns regarding walking alongside Mill Street. She stated that the study will be completed in the fall of 2019 and focus groups will be held in June to discuss the concerns raised at the open house. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 13, 2019 Page 5 of 5 2. Report on Stratford Place Lot City Administrator Lerud stated that the sale of this property was completed in April 2019. 3. Ferncroft Drive/Minnetonka Boulevard Street Light Update Planning Director Darling stated that the street light was installed and fits well into the neighborhood. Other Director Brown showed a picture of the new sewer vacuum truck that was purchased in conjunction with the Cities of Tonka Bay and Excelsior. He noted that this truck will allow much of the work to be done topside which is much safer for the crew. He gave some examples of the features of the truck and what kind of work it can do. He stated that the Boulder Bridge well is in service and showed a screen shot of one of the control screens. He stated that the spring clean- up and paper shred event is scheduled for this coming weekend from 9:00 a.m. to 12:00 p.m. at 5755 Country Club Road. Councilmember Labadie stated that a resident had asked her if there would be assistance available at the event to get large items out of resident vehicles. Director Brown stated that they actually prefer that people stay in their vehicle for safety reasons, and there will be people on site to help unload. Councilmember Labadie asked if people needed to bring something that identifies them as a Shorewood resident. Director Brown stated that everyone working the event is familiar with every roadway, so they will be able to look at their I.D. and determine if they are a Shorewood resident. City Engineer Fauske gave a brief update regarding the remaining work on last year’s roadway reconstruction project. Planning Director Darling noted that Commissioner Barr has resigned from the Parks Commission and the City will begin advertising for a replacement. B. Mayor and City Council Councilmember Sundberg stated that the Recycling Committee continues to meet and expects some recommendations to be coming this summer. 11. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of May 13 2019, at 8:03 P.M. Motion passed 5/0. Scott Zerby, Mayor Sandie Thone, City Clerk #2 B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: May 28, 2019 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid Background: Claims for council authorization. 65403 - 65432 & ACH 187,526.74 Total Claims $187,526.74 We have also included a payroll summary for the payroll period e May 12, 2019. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide servi budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay t expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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Minnesota State Statute §13.025, subdivision 2, specifically requires that the Data Practices Responsible Authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public’s ability to access data. The attached policies for the City of Shorewood: Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public reflect the most current and relevant information and have been updated to include the most recent changes in personnel and appointments. Data Practices Designee Twila Grout has been removed and Data Practices Designees Michael Meehan, Chief of Police, and Laura Holtan, Administrator have been added as South Lake Minnetonka Police Department has the responsibility in responding to Data Requests on behalf of the City of Shorewood when police data is requested. Approval of these policies will satisfy the government entity annual update obligations and requirements for the year 2019 pursuant to MN state law. Financial or Budget Considerations: None Recommendation/Action Requested: Staff respectfully recommends the city council approve the City of Shorewood Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public satisfying the government entity annual update obligations and requirements on or before August 1 for the year 2019 pursuant to MN state law. Motion, second and simple majority vote required. Connection to Vision/Mission : Consistency in providing quality public services. 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 19- 2019 DATA PRACTICES POLICIES WHEREAS, Minnesota State Statutes, sections 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota State Statutes, section 13.03, subdivision 2 requires entities to establish procedures that data requests are complied with appropriately and promptly; and WHEREAS, Minnesota State Statute §13.025, subdivision 2, specifically requires that the Data Practices Responsible Authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public’s ability to access data; and WHEREAS, the City of Shorewood and the Responsible Authority have successfully created and updated the following policies: Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public which reflect the most current and relevant information and have been updated to include the most recent changes in personnel and appointments; and WHEREAS, approval of these policies will satisfy the government entity annual update obligations and requirements for the year 2019 pursuant to MN state law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the City of Shorewood Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public are approved. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of May, 2019. _______________________________ ATTEST: Scott Zerby, Mayor _________________________________ Sandie Thone, City Clerk /z·ä E {w©;Þ7 I;;¦z /Ò·är az;· Data Practice Policy for Public Annual Review and Update 1 Dated 5/28/2019 MN 13.025 and 13.03 Right to access public data The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes tha data are public unless a state or federal law says the data are means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to make a data request You can look at data, or request copies of data that this government entity keeps. Make your written request for data to the appropriate individual listed in the Datn page 4. You may make your request via email, fax, mail, or in person using the f6. If you choose not use to use the data request form, your request should include: You are making a request for public data under the Government Data Practices Act (Minnesota Statutes, Chapter 13). Whether you would like to inspect the data, have copies of the data, or both. A clear description of the data you would like to inspect or have copied. This government entity cannot require you, as a member of the public, to identify yourself o reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need son about you. If you choose not to give us any identifying information, we will proviso you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your requ. How we respond to a data request Upon receiving your request, we will work to process it. If it is not clear what data you are requesting, we will ask you If we do not have the data, we will notify you in writing within 10 busin If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not publ. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the: Arrange a date, time, and place to inspect data, for free, if you o data, or Data Practice Policy for Public Annual Review and Update 2 Dated 5/28/2019 MN 13.025 and 13.03 Provide you with copies of the data as soon as reasonably possible. You may choose to o pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 5. We will provide notice to you about our requirement to prepay for copies. If you do not understand some of the data (technical terminologye let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data request if we do not already have the data, or to provide d we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you o your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Requests for summary data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make request in writing and pre-pay for the cost of creating the data. Upon receiving your written request you may use the data request form on page 6 we will respond within ten business days with the data or details of when the da charge. Data Practice Policy for Public Annual Review and Update 3 Dated 5/28/2019 MN 13.025 and 13.03 Data Practices Contacts Responsible Authority Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Compliance Official Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Designee(s) 1)Name: Mike Meehan, Chief of Police, South Lake Minnetonka Police Depar Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 2)Name: Laura Holtan, Administrator, South Lake Minnetonka Police Depart Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 3)Name: Brenda Pricco, Deputy Clerk, City of Shorewood Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7901, Email: bpricco@ci.shorewood.mn.us Data Practice Policy for Public Annual Review and Update 4 Dated 5/28/2019 MN 13.025 and 13.03 Copy Costs Members of the Public This government entity charges for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). For 100 or fewer paper copies 25 cents per page 100 or fewer pages of black and white, letter or legal size pape-sided copy, or 50¢ for a two-sided copy. Most other types of copies actual cost The charge for most other types of copies, when a charge is not of searching for and retrieving the data, and making the copies ng the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in em onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as ph actual cost we must pay an outside vendor for the copies. If, because of the subject matter of your request, we find it ne-paid employee to search for and retrieve the data, we will calculate the search aat the higher salary/wage. Data Practice Policy for Public Annual Review and Update 5 Dated 5/28/2019 MN 13.025 and 13.03 5· w;¨Ò;· C© a;,;© E ·w; tÒ,z- Request date: I am requesting access to data in the following way: Inspection Copies Both inspection and copies b·;t L¦;-·z z E©;; We will respond to your request as soon as reasonably possible. Contact information Name: Address/phone number/email address: Note: You do not have to provide any contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. I request and need to get clarification from you, without contact begin processing your request until you contact us. These are the data I am requesting: Describe the data you are requesting as specifically as possible. Data Practice Policy for Public Annual Review and Update 6 Dated 5/28/2019 MN 13.025 and 13.03 Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities l policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to procedures.* Notice to Commissioner of Administration: Adoption of Model Policies The City of Shorewood Data Subjects. This notice to the Commissioner satisfies obligation under Minnesota Statutes, section 13.073, subdivision 6. Sandie Thone City Clerk and Data Practices Responsible Authority Adoption of Model Policy Notice to Commissioner of AdministratioMay 8, 2017. *DÝ;©;· ;·z·z; ä Ò,z· ·wz ·zEz-·z ,ä z © ;z Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us Data Practice Policy for Public Annual Review and Update 7 Dated 5/28/2019 MN 13.025 and 13.03 /z·ä E {w©;Þ7 I;;¦z /Ò·är az;· Data Practice Policy for Data Subjects Annual Review and Update 1 Dated 5/28/2019 MN 13.025 and 13.03 Data about you The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that da certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, incflash drives, CDs, DVDs, photographs, etc. Classification of data about you The Government Data Practices Act presumes that all government data are public federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. Public data We must give public data to anyone who asks. It does not matter person wants the data. The following is an example of public dat 9ã¦;t Ww {z·wr {z·w 5©r {z·w·Þr ab s [z-;; ¦¦z-· E© h{; [z¨Ò© [z-;; E© {z·w·Þ [z¨Ò© Private data We cannot give private data to the general public, but you can h data are about you. We can share your private data with you, with someone who has your with our government entity staff who have a work assignment to s permitted by law or court order. The following is an example of : 9ã¦;t {-z {;-Ò©z·ä bÒ,;©t Confidential data Confidential data have the most protection. Neither the public n confidential data are about you. We can share confidential data staff who have a work assignment to see the data, and to others as permitted by law or court order. We cannot give you access to confidential data. The following is anconfidential data about you: 9ã¦;t Ww {z·w 7·;7 ©;¦©·;© E -¦z· ©;m©7zm -wz7 ,Ò; Data Practice Policy for Data Subjects Annual Review and Update 2 Dated 5/28/2019 MN 13.025 and 13.03 Your rights under the Government Data Practices Act The City of Shorewood must keep all government data in a way that makes it easy for yoss data about you. Also, we can collect and keep only those data about you that we managing programs that are permitted by law. As a data subject, you have the following rights. Access to your data You have the right to look at (inspect), free of charge, public You also have the right to get copies of public and private data about you. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about yo data are public, private, or confidential. As a parent, you have the right to look at and get copies of pub children (under the age of 18). As a legally appointed guardian, copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deness to the data. We will make the final decision about your request based on your be. Minors do not have this right if the data in question are educational data maintained by an educational agency. When we collect data from you When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only ways described in the notice. We will ask for your written permission if we need to use or rel different way, or if you ask us to release the data to another person. Th LE äÒ Þ· Ò · ©;;; 7· · ·w;© ¦;©r äÒ Ò· Ò; ·w; -;· E© Þ; ¦©Ýz7;u Protecting your data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has has gained access to your data, we will notify you as required by law. Data Practice Policy for Data Subjects Annual Review and Update 3 Dated 5/28/2019 MN 13.025 and 13.03 When your data are inaccurate and/or incomplete You have the right to challenge the accuracy and/or completenessic and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to make a request for your data You can look at data, or request copies of data that the City of Shorewood keeps about you, your minor children, or an individual for whom you have been appointed legal guardian. Make your request for data to the appropriate individual listed in the Data Practices Contan page 6. We prefer you use the data request from on Page 8 for all data r If you choose not to use the data request form, your request should include: You are making a request, under the Government Data Practices Act Chapter 13), as a data subject, for data about you. Whether you would like to inspect the data, have copies of the data, or both. A clear description of the data you would like to inspect or have copied. I The City of Shorewood requires proof of your identity before we can respond to your re If you are a guardian, you must show legal documentation of yourianship. Please see the Standards for Verifying Identity located on page 9. How we respond to a data request Once you make your request, we will work to process your request. If it is not clear what data you are requesting, we will ask youion. LE Þ; 7 · wÝ; ·w; 7·r Þ; Þz ·zEä äÒ z Þ©z·zm Þz·wz If we have the data, but the data are confidential or private da notify you within 10 business days and state which specific law If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: Arrange a date, time, and place to inspect data, for free, if you o data, or Provide you with copies of the data within 10 business days. You may choose to pick up o your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 7. Data Practice Policy for Data Subjects Annual Review and Update 4 Dated 5/28/2019 MN 13.025 and 13.03 ; Þz ¦©Ýz7; ·z-; · äÒ ,Ò· Ò© ©;¨Òz©;;· · ¦©;¦ä E© -¦z;u After we have provided you with access to data about you, we do for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviatie let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data request if we do not already have the data, or to provide data in a we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you oluding cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Data Practice Policy for Data Subjects Annual Review and Update 5 Dated 5/28/2019 MN 13.025 and 13.03 Data Practices Contacts Responsible Authority Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Compliance Official Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Designee(s) 1)Name: Mike Meehan, Chief of Police, South Lake Minnetonka Police Depar Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 2)Name: Laura Holtan, Administrator, South Lake Minnetonka Police Depart Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 3)Name: Brenda Pricco, Deputy Clerk, City of Shorewood Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7901, Email: bpricco@ci.shorewood.mn.us Data Practice Policy for Data Subjects Annual Review and Update 6 Dated 5/28/2019 MN 13.025 and 13.03 Copy Costs Data Subjects The City of Shorewood charges data subjects for copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. Ò Ò· ¦ä E© ·w; -¦z; ,;E©; Þ; Þz mzÝ; ·w; · äÒu Actual cost of making the copies In determining the actual cost of making copies, we factor in em onto which we are copying the data (paper, flash drive, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. Data Practice Policy for Data Subjects Annual Review and Update 7 Dated 5/28/2019 MN 13.025 and 13.03 Data Request Form Data Subjects ©;¨Ò;· 7· 7· Ò,;-·r äÒ Ò· wÞ z-;;r zz·©ä L5r © ¦¦©· ¦©E E z7;·z·äu Contact information Data subject name: Parent/Guardian name (if applicable): Address: Phone number/email address: Staff verification Request date: Identification provided: I am requesting access to data in the following way: Inspection Copies Both inspection and copies We will respond to your request within 10 business days. b·;t L¦;-·z z E©;;u w; /z·ä E {w©;Þ7 -w©m; · ¦©z· w©7 -¦z; E 7·u These are the data I am requesting: Describe the data you are requesting as specifically as possible. Data Practice Policy for Data Subjects Annual Review and Update 8 Dated 5/28/2019 MN 13.025 and 13.03 Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID o A minor individual must provide a valid photo ID, such as o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID o The parent or guardian of a minor must provide a valid photo ID and either a certified copy o o o child, such as a court order relating to divorce, separation, custody, foster ce a foster care contract an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as g court order(s) o valid power of attorney o Note: Individuals who do not exercise their data practices rights in peither notarized or certified copies of the documents that are required or an affidavit of ID. Data Practice Policy for Data Subjects Annual Review and Update 9 Dated 5/28/2019 MN 13.025 and 13.03 Notice of Adoption of Model Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entit model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies The City of Shorewood Data Subjects. This notice to the Commissioner satisfies the City of Shorewood Minnesota Statutes, section 13.073, subdivision 6. Sandie Thone City Clerk/Human Resources Director and Data Practices Responsible Authority Adoption of Model Policy Notice to Commissioner Submitted May 8, 2017 *DÝ;©;· ;·z·z; ä Ò,z· ·wz ·zEz-·z ,ä z © ;zt Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us Data Practice Policy for Data Subjects Annual Review and Update 10 Dated 5/28/2019 MN 13.025 and 13.03 6A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, MAY 14, 2019 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 7:00 p.m. A. Roll Call ; Present: Chair Mangold, Commissioners Vassar, Barr, and HirnerCity Planner Darling; Park and Rec Coordinator Grout Absent: Commissioner Rock B. Review Agenda Chair Mangold noted that items 4A and 4B will be switched so the sports groups will be talked to first. Hirner moved to approve the agenda as amended. Mangold seconded the motion. Motion carried 5-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of April 9, 2019 Vassar moved to approve the minutes of the April 9, 2019 meeting as written. Barr seconded the motion. Motion carried 5-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. Discussion with Organized Sports Chair Mangold explained that the Park Commission tends to work on long-term planning and more expensive maintenance items brought forward and the hope is to be able to blend the two and meet somewhere in the middle for planning purposes. He asked the representatives to introduce themselves and give their perspective on how the City interacts with their organizations and their “hot button” issues. Chad Dill, Tonka Football, stated that they have been very appreciative of the arrangement that they have had with the City for both the fields and parking. He stated that they have been very happy. Vassar asked how many kids he typically has using the City fields. PARK COMMISSION MINUTES TUESDAY, MAY 14, 2019 5 PAGE 2 OF Mr. Dill explained that they typically have 500-550 kids and about 125 coaches but noted that the program is growing and noted that girls football programs are increasing. He gave an overview of the school fields that they are able to use. He noted that in the City, they are currently only using Badger Park. Bobbi Hoebelheinrich, Tonka United Soccer Association, stated that they use Freeman Park for their recreational program (games and tournaments) and Manor Park for training and practices two nights a week. She stated that this program has about 1,600 kids involved in the summer and about 1,000 in the fall. She also gave an overview of the fields that they use in the surrounding cities. Chair Mangold asked if they had access to enough fields. Ms. Hoebelheinrich stated that for right now, they do have enough fields for outdoor use. Kelly Benning, Minnetonka Girls’ Softball Association, stated that their program has grown quite a bit which means their field needs have grown. She stated that there are about 300 girls in the program. She stated that they use Freeman Park and Manor Park. She gave an overview of other area fields that they use in other communities. She stated that scheduling the fields has been pretty tight and there isn’t much room for rescheduling games because of rain delays and that sort of thing. Chris Gibney, Minnetonka Lacrosse Association, stated that they use Manor Park and Badger Park. He reviewed the area parks that they use in other communities. He stated that their biggest issue is weather and being able to find referees. He stated that they have about 120 girls and 140 boys involved in their program this year. Chair Mangold stated that it is interesting to note that three of the four associations are using Manor Park. Commissioner Hirner asked from a growth perspective, what the associations’ future desired expectations are. Mr. Gibney stated that Badger Park is not currently at full-scale regulation size so they would like to see it become full-size. He stated that they would also like stands for people to sit in, restrooms and better parking. Chair Mangold explained that the plans for Badger Park do include construction of a new restroom facility which will be completed this year. Mr. Gibney noted that currently water is pooling behind the wall and between the walkway and the field. Planning Director Darling noted that the drainage issue will be addressed as part of the project. Chair Mangold explained that the plans for next year are to resurface the tennis courts. Commissioner Vassar asked that the associations encourage parents not to park in the bottleneck drop off area of Badger Park. PARK COMMISSION MINUTES TUESDAY, MAY 14, 2019 5 PAGE 3 OF Mr. Dill asked if each association paid a fee to the City in order to use the parks. Park and Rec Coordinator Grout stated that they all pay a fee to the City based on the same scale. Mr. Dill stated that he cannot commit their organization, but stated that they want to be a “team player” and if there are small things that are needed in the City, they would be willing to help share the expense for things like bleachers. Chair Mangold stated that those are the types of things where the City can make an educated guess on the best place to put them, but would love more input from the associations that are using the fields to make sure that it lines up with reality. He stated that part of the meeting tonight is to get input from the associations on upcoming needs or desires, so the City has time to plan and budget for them without the expectation that it will be done in the next 3 months. Ms. Hoebelheinrich stated that Freeman Park has had very wet springs and the bottom area has drainage issues and some of the fields are unusable. She stated that they would like to reseed the field this fall and would cover the expense of it themselves if they had the City’s permission. She stated that their initial plan was to reseed in August, which she thinks would work fairly well and not inconvenience too many other teams. She stated that she wanted to echo Mr. Dill and state that they did not just want to come to the City to ask for things but wanted to work together with the City. Commissioner Vassar asked about the lighting situation for lacrosse and football and whether it was working out okay for the associations. Mr. Hill stated that there was a bit of a learning curve last year, but it is working out well for them. He stated that he appreciates the things that the lacrosse association has stepped up and done for the field this last year. Ms. Benning stated that softball is unique because they cannot share fields like football, lacrosse and soccer. She stated that their concern is that as the program is growing, there will not be many opportunities to add more softball fields to the area. She stated that while she also could not specifically commit their association to anything specific, she does see them being willing to help participate in some costs and give back to the community. She stated that their biggest concern is losing some of the field access because of higher demand from new club organizations coming into the City. She stated that they would like to have first right of refusal over club teams because of their long-standing association with the City. Park and Rec. Coordinator Grout explained the type of formula she uses to determine the scheduling of the fields. Commissioner Vassar thanked the associations for coming to talk to the Commission and noted that she felt it was very helpful. Chair Mangold stated that he agreed and encouraged the associations to come and talk to the City whenever there are issues and things that they would like to discuss whether it is big or small. PARK COMMISSION MINUTES TUESDAY, MAY 14, 2019 5 PAGE 4 OF Mr. Gibney stated that he would like to put in a few requests for the City to think about. He asked for fences on the sidelines at Badger Park and a path to the field rather than having to walk through the mud. Chair Mangold stated that the plans for Badger Park does not have a path connecting the field to the walkway but just around the perimeter. Mr. Gibney stated that they also had a shed where they were storing things but it got torn down and asked if they could get it back. Chair Mangold stated that the shed had to be removed for the planned layout. He explained the issues that City has had with the hardcover and the extra $50,000 that will be spent on the pond. He stated that he would hope that they can sneak in a sidewalk to connect the field to the walkway, but additional buildings may be a problem. Mr. Gibney stated that they would like garbage and recycle cans near the fields because he has noticed that the players tend to throw their bottles into the bushes. He stated that they would also like to have grills put in. Chair Mangold reiterated his invitation for the associations to stay in touch with the City and noted that they are planning a full walk through of the park system in the next month or so. The Commission discussed the scheduling formula and problems with softball this year; adding a sidewalk connection to Badger Park and additional trash and recycling containers. Planning Director Darling indicated that grills would be installed with the playground project. B. Rink Attendant Pay Scale Chair Mangold noted that staff had pulled together pay scales for surrounding cities and most are in the same ballpark. He stated that he likes the incentives that the City offers but they are designed to retain employees and not pull them in. Park and Rec Coordinator Grout noted that last year’s attendants were mostly hockey players so they were unable to work weekends because they were playing. Chair Mangold asked if there could be a higher pay scale for weekend and high demand nights. Planning Director Darling stated that they can discuss it with Human Resources. Park and Rec Coordinator Grout explained that they didn’t used to have trouble and the incentives weren’t needed, but then they started having trouble with people not showing up, locking up or turning off the lights, so they came up with the incentives. Chair Mangold stated that he thinks the base pay scale will need to be bumped up and add bonus pay for the higher demand nights. He asked what the process is for the pay scale increase. Planning Director Darling noted that this will have to go through City Clerk Thone, who is the Human Resources Director for the City. PARK COMMISSION MINUTES TUESDAY, MAY 14, 2019 5 PAGE 5 OF Park and Rec Coordinator Grout explained the background check requirements and process. Commissioner Hirner asked if the City had ever contacted Normandale or Bloomington Community Colleges to see if there is an untapped pool of potential employees there that the City hadn’t thought about. Park and Rec Coordinator Grout stated that they have not tried the community colleges. She explained some of the other ways that they have tried to find rink attendants. Mangold moved to recommend Council direct staff to look into increasing the base pay and look at a bonus incentive based upon being able to work on high priority nights for ice rink attendants. Barr seconded the motion. Motion carried 5-0. 5. OLD BUSINESS A. Budget for Future Projects Planning Director Darling stated that the bids for Badger Park came in quite good and were lower than the engineer’s estimate. She reviewed the breakdown of the bids and alternates that were accepted by the Council. She stated that after Freeman Park and Badger Park, it leaves the Park Commission with approximately $50,000 to $60,000 to use on another project. Chair Mangold asked which contractor was awarded the bid for Badger Park. Planning Director Darling stated that it was awarded to Blackstone Contractors. Commissioner Vassar asked if the City could save money by installing the equipment ourselves with a representative from the company present. She noted that her school had done that in the past because it helped bring down the costs. Planning Director Darling noted that the installation costs had already been included and paid for at Badger Park. Chair Mangold stated that the City could look into that possibility at other parks, such as Freeman Park. 6. STAFF AND LIAISON REPORTS / UPDATES A. City Council Planning Director Darling gave an overview of discussion at the May 13, 2019 Council meeting. B. Staff Commissioner Barr noted that this will be her last meeting with the Park Commission. 7. ADJOURN Barr moved to adjourn the Park Commission Meeting of May 14, 2019 at 8:16 p.m. Hirner seconded the motion. Motion carried 5-0. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MAY 7, 2019 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; and, Council Liaison Labadie Absent: None 1. APPROVAL OF AGENDA Gorham moved, Riedel seconded, approving the agenda for May 7, 2019, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  April 2, 2019 Riedel moved, Gorham seconded, approving the Planning Commission Meeting Minutes of April 2, 2019, as presented. Motion passed 4/0/1 (Eggenberger abstained). 3. PUBLIC HEARINGS – NONE 4. OTHER BUSINESS – APPEAL CODE ENFORCEMENT Appellants: Mike and Petra Cripe Location: 450 West Lake Street Planning Director Darling gave a brief overview of the zoning violation and the appeal. She stated that this property is unique because is straddles both Shorewood and Excelsior. She noted that the City of Excelsior’s recreational vehicle code has been attached for the Commission’s information. She explains that staff does not believe there has been an error in applying the City Code. Commissioner Riedel asked about the part of the violation that says some of the vehicles are stored on the adjacent property. Planning Director Darling noted that it does appear that a camper is stored on the dredging company property which is located directly west of Cripe’s property. Commissioner Riedel asked if the industrial property (the dredging company) is zoned commercial and if there were setback requirements about where their equipment is stored. Planning Director Darling stated that there is a Conditional Use Permit for this property that they have been operating under for a few decades and noted that it is zoned C-2. She stated that CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2019 Page 2 of 4 the CUP includes “clouded areas” where they can store their equipment, which is just over the property line. Chair Maddy noted that this property has the front and side yard in Shorewood and the back yard in Excelsior. Petra Cripe stated that the boat is no longer on the property because it is in the water. She explained that she has lived on the property for about 18 years. She stated that she feels she is a pillar of the community and is involved in many community events. She stated that she has always been very friendly with the dredging company until the property was sold a few years ago. She stated that she is surprised that someone complained about her property considering what is in view just on the other side of the fence. She stated the pontoon boat is only on land between October and May before it is dropped into the lake. She stated that she does not think the setbacks are fair and noted that they pay taxes to both Shorewood and Excelsior. She stated that they are trying to do the right thing. Commissioner Gault asked how many years they had been storing their equipment like this. Ms. Cripe stated that they got the pontoon about 16 years ago. She stated that she has not owned the other watercraft quite as long but noted that they had tried to push it up into the corners so it wasn’t as visible. She stated that the problem she is having with the code is that Excelsior considers that side their backyard and the lake as their front yard; however, Shorewood is considering the street side the front yard and the back yard as the lake side. Commissioner Eggenberger asked where Ms. Cripe parks their cars. He asked if all the boats and equipment were owned by her or if any were owned by her sons. Ms. Cripe stated that they have two cars and most of the time they park inside the garage. She stated that right now, they are owned by her or her husband. Commissioner Gault asked if the camper trailer was actually straddling the property line as was mentioned by Planning Director Darling. Ms. Cripe stated that what the Commission can’t see from the pictures is that they have beefed up the wooden privacy fence which goes at a straight angle. She noted that at the end there is a crumbling mortar semi-circle wall that is in very bad disrepair. She stated that the camper is actually covering the crumbling wall. Commissioner Gault asked if the wall was on her property and reiterated his question of whether the camper was partially on the neighboring property. Ms. Cripe stated that she was not sure because the fence doesn’t actually divide and follow the property line. Commissioner Riedel clarified that the equipment on site is a camper, two jet skis, a pontoon and another boat. He stated that he assumed people have already brainstormed and found that there is not a solution that would allow the homeowner to store those four pieces of equipment and still be in compliance with both Shorewood and Excelsior city codes. Ms. Cripe stated that one solution from the inspector was to move things over a few feet so it would be in Excelsior, but that would mean that she couldn’t park her car in the garage during the winter. She stated that she did not think that is a reasonable solution. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2019 Page 3 of 4 Chair Maddy asked about Ms. Cripe’s comment that they pay taxes to both Shorewood and Excelsior. Ms. Cripe stated that they pay more taxes to Excelsior because there is more property in that City than in Shorewood. Chair Maddy asked if Ms. Cripe could vote in both cities. Ms. Cripe stated that she cannot vote in both cities and can “only vote where her master bedroom” is located. Commissioner Gault stated that it appears that if she put a concrete pad on her street-side yard area, Excelsior would allow her to park one of the boats there. Ms. Cripe stated that she did not want to give up any of that yard space because her special needs son spends a lot of time in the yard on his playset and with the garden. She stated that she has been trying to figure out a solution, but doesn’t really even understand who she is trying to make happy. Commissioner Eggenberger asked if she had ever considered off-site storage. Ms. Cripe stated that it is very expensive but noted that she would consider it if there is no other option. She stated that she feels her property is unique because it straddles two cities, is on a dead-end street and has an industrial business right next door. The Commission reviewed the requirements for storage in the City. Chair Maddy asked if there was a way to get a driveway to the west towards the fence line, so a vehicle could be parked there and not block the garage entrances. Planning Director Darling stated that recreational vehicles have a 10-foot setback requirement. Chair Maddy asked whether it would make sense to pursue a variance rather than the appeal process. Planning Director Darling stated that she had discussed the situation with the City Attorney, but the zoning regulations defines storage of recreational vehicles in the buildable area of the lot as a specific accessory use, so the property owner cannot pursue a variance as an option. Use variances are not permitted by State Statute. Commissioner Riedel stated that it appears as though the debate before the Commission is whether or not the City made an error. He stated that he did not see an error. He stated that if this was a variance discussion, there are very unique aspects to this property, but does not see an error in the interpretation of the code. Riedel moved to uphold the validity of the zoning violation notice and require the items stored out of compliance to be removed from the Shorewood side of the property owned by Mike and Petra Cripe at 450 West Lake Street. Eggenberger seconded the motion. Motion passed 5-0. Planning Director Darling noted that this item will be on the Council agenda on May 28, 2019. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2019 Page 4 of 4 5. MATTERS FROM THE FLOOR 6. REPORTS • Liaison to Council Council Liaison Labadie noted that the process for the full-time permanent fire chief is still underway and has been narrowed down to three candidates. Planning Director Darling noted that there were a number of items from the last Planning Commission that had been approved by the Council. • Draft Next Meeting Agenda Planning Director Darling stated there is a development for the west side of Club Lane, including a comprehensive plan amendment, rezoning, PUD and preliminary plat for the May 21, 2019, Planning Commission meeting. 7. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of May 7, 2019, at 7:37 P.M. Motion passed 5/0. 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Ord. 550, passed - -2018) 1201.05 ADMINISTRATION, VARIANCES AND APPEALS. Subd. 1. Purpose. The purpose of this section is to provide for: a. Administrative appeal. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter. b. Variance. A variance process to allow deviations from the strict provisions of this chapter including those placed on nonconformities . The variance process is neither appropriate nor applicable to allow a use on a property that is not permitted in the zoning district. Subd. 2. Administrative appeal. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter and shall be submitted to the Zoning Administrator as indicated below. a. Filing. The request for an appeal shall be submitted in writing and: (1) Be submitted by the property owner or their agent and include contact information for both parties. (2) State the specific grounds upon which the appeal is made. (3) Be filed within 14 days of the date the administrative decision was mailed or sent by electronic mail. (4) Include the fee as required by § 1301.02. b. Notice to appellant. The Zoning Administrator shall notify the appellant of the date and time of the Planning Commission and City Council meetings where the request will be heard. C. Stay of proceedings. An appeal stays all proceedings and the furtherance of the action being appealed, unless a stay would cause imminent peril to life and property. 1201 -94 2018S-13 1201.05 Zoning Regulations 1201.05 d. Planning Commission action. The Planning Commission shall review the appeal at a public meeting, at which time the appellant or a representative thereof may appear to answer questions concerning the request. (1) The Planning Commission shall consider possible adverse effects of the appeal. (2) The Planning Commission shall make a finding of fact and may recommend any actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation of the Planning Commission shall be forwarded to the City Council at a regularly scheduled meeting. e. City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact within the time allowed by Minnesota Statutes. Action on the request shall require passage by a simple majority vote of a quorum of the City Council. f. Decision. The Zoning Administrator shall send the appellant a copy of the final order of the City Council by mail. g. Appeal of Council action. Any person(s) aggrieved by any decision of the board shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter 462, as such statutes may be from time to time amended, supplemented or replaced. Subd.3. Variances. a. Criteria. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council, serving as the Board of Adjustments and Appeals, may approve a variance application upon finding that all of the following criteria, as applicable, are met. (1) The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of this chapter. (2) The applicant 'has established that there are practical difficulties in complying with this chapter. Practical difficulties mean: (a) The property owner proposes to use the property in a reasonable manner not permitted by this chapter; 1201 -95 2018S-13 Excelsior Code Definitions and Regulations. Definitions Lot line, front. A lot line abutting a street; on those lots which abut lakeshore the front lot line shall be the lakeshore. On a corner lot, it shall be the shortest dimension on a public street; if the dimensions are equal, the front lot line shall be designated by the city. On a double frontage lot, the front lot line shall be the street from which the address is assigned. Yard, front. The portion of the yard on the same lot with the building between the front line of the building and the front line of the lot for the lot's full width. Lot line, rear. That boundary of a lot which is opposite the front line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Yard, rear. A yard extending across the full width of the lot lying between the rear lot line of the lot and the nearest line of the principal building. Yard, side. A yard extending along a side lot line between the front and rear yards. • Sec. 11 -4. - Outdoor storage of recreational equipment A. Recreational equipment may be stored outside in the R -1 and R -2 zoning districts under the following conditions: (1) 'Recreational, equipment includes, but is not limited to, camper trailers (pop up), motor homes, all- terrain vehicles, open trailers, pickup campers, snowmobiles, travel trailers, water craft and buildings for winter ice fishing. (2) No more than three recreational equipment items may be parked or stored outside on lots greater than 8,500 square feet in size. Those three recreational equipment items may include a maximum of one each of —a camper trailer (pop up), motor home, off -road vehicle, open trailer, pickup camper, snowmobile, travel trailer, water craft or ice fishing house. (3) No more than two recreational equipment items may be parked or stored outside on lots equal to or less than 8,500 square feet in size. Those two recreational equipment items may include a maximum of one each of —a camper trailer (pop up), motor home, off -road vehicle, open trailer, pickup camper, snowmobile, travel trailer, water craft or ice fishing house. (4) Trailers and contents located thereon shall be considered as one recreational equipment item. (5) Recreational equipment may not exceed 24 feet in length. Trailers may not exceed 30 feet in length. (6) No recreational, equipment shall be stored in the front yard (or rear yard for lots abutting lakeshore), and any stored recreational equipment shall be subject to the side and rear yard setback requirements of accessory structures as found in article 11 of this Appendix E. If there is not a practical way to store the recreational equipment in compliance with these requirements, then one such recreational equipment may be stored in the front yard (or rear yard for lots abutting lakeshore). If stored in front yards, recreational equipment must be: a. Stored on driveways; b. Not exceed 16 feet (trailers 20 feet) in length, not including outboard motors; c. Not exceed seven feet in height; and d. Located no closer than ten feet from the street. (7) All vehicles must be operable and have the current year's registration, if registration is required by law. B. The practices of boat dry- stacking and dry storage create a visual blight and increase congestion on land and water. No boat dry- stacking nor dry storage shall be allowed within the city except that dry stacking shall be permitted in the P, Public Park District, pursuant to duly issued city permit. MEETING TYPE Regular Meeting #8A City of Shorewood Council Meeting Item Title / Subject: Approve Plans and Specifications and Authorize the Advertisement for Bids for the 2019 Bituminous Mill and Overlay Project, City Project 19-02 Meeting Date: May 28, 2019 Prepared by: Katie Koscielak, Project Manager Reviewed by: Larry Brown, Public Works Director Attachments: Plans and Specifications, Location Map, Resolution Background: On April 22, 2019, the Shorewood City Council authorized WSB to specifications for the 2019 Bituminous Mill and Overlay Project, City Project 19-02. Improvements proposed include a 4-foot edge mill of the existing roadway and full width bituminous pavi following roadways: Birch Bluff Road from Grant Lorenz Road to the eastern City boun Edgewood Road from Howards Point Road to Grant Lorenz Road Lake Linden Drive from the southwest entrance to Cub Foods Lot t Country Club Road from Echo Road to 150 feet south of Mary Lake Cardinal Drive Bituminous mill and overlay improvements are intended to improve the pavement design strength of the roadway and improve the current condition as the roadways ar life and routine maintenance no longer a cost effective. Mill a provide a few years of additional service life until the roadways improvements are not included in the scope of this project. Additional improvements as requested by Public Works include bit the existing trail along Lake Linden Drive and removal and replac section of Sweetwater Curve that has deterioratedover the winter and spring months . The trail along Lake Linden Drive does not meet MnDOT standards for walk or trai proposed are to ONLY improve the existing surface conditions. Additionally, the improvements proposed along Sweetwater Curve are to address isolated rutting The attached Resolution approves the plans and specifications an advertisement for bids. The advertisement will be placed in the City Official Publicatio QuestCDN.com. Financial Impact: On April 22, 2019, staff presented a revision to the CIP, as par move forward with preparation pf plans, specifications and estimate for this project, that would reallocate $565,000 budgeted for seal coating in 2019 and 2020 for this project. In addition noted at that same meeting that Cardinal Drive had been allocaterate overlay project in the 2019 CIP at an amount of $43,000. Adding this amount to the $565,000 yields a grand tot for bituminous overlays of $608,000. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive ameniti sound financial management through effective, efficient, and vis Page 1 Time Schedule: Final Design Authorize Preparation of Plans and Specifications &&&&&&&&&& April 22, 2019 Approve Plans and Specifications and Authorize Advertisement for Bids &&&&&&&&&&&&&&&&&&&.. May 28, 2019 Open Bids &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&. June 11, 2019 Award Contract &&&&&&&&&&&&&&&&&&&&&&&&&&&&&& June 24, 2019 Construction Begin Construction &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&. July 2019 Final Completion &&&&&&&&&&&&&&&&&&&&&&&&&&&. September 2019 Options: Staff recommends Council consider the following actions: 1.Approve the resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for the 2019 Bituminous Mill and Overlay Project, City Proj-02. 2.Direct Staff to modify plans. 3.Take no action at this time. Recommendation: Staff recommends the City Council approve the attached resolutio Approving Plans and Specifications and Authorizing Advertisement for Bids for the 2019 Bituminous Mill and Overlay Project, City Project 19-02 2019 Bituminous Mill and Overlay Project Plans and Specifications: https://tinyurl.com/ShorewoodPublic Copies are available upon request. MINNETIRISTA CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2019 MILL AND OVERLAY PROJECT, CITY PROJECT 19-02 WHEREAS , the City of Shorewood authorized preparation of plans and specifications for the 2019 Mill and Overlay Project, City Project 19-02, on April 22, 2019; and WHEREAS , the City Council has directed the engineer to prepare plans and specifications; and WHEREAS , the City Engineer has prepared Plans and Specifications for the 2019 Mill and Overlay Project, City Project 19-02, to include edge mill and full width bituminous overlay improvements along the following roadways: Birch Bluff Road from Grant Lorenz Road to the eastern City 1. boundary Edgewood Road from Howard’s Point Road to Grant Lorenz Road 2. Lake Linden Drive from the southwest entrance to Cub Foods Lot 3. to Yellowstone Trail Country Club Road from Echo Road to 150 feet south of Mary Lake 4. Trail Cardinal Drive 5. Additional items of maintenance include bituminous reclamation and paving of the existing trail along Lake Linden Drive and removal and replacement of the bituminous and aggregate section of Sweetwater Curve. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Plans and Specifications were prepared by the City Engineer for such improvement. Said Plans and Specifications are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and according to Minnesota State Law an advertisement for bids, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the city at the specified time and date, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD th this 28 day of May, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19- A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WSB AND ASSOCIATES, INC. FOR FEASIBILITY REPORT, PRELIMINARY DESIGN AND FINAL DESIGN FOR THE WOODSIDE ROAD AND WOODSIDE LANE STREET RECLAMATION PROJECT CITY PROJECT 19-04 WHEREAS, the current street Capital Improvement Plan (CIP) identifies improvements along Woodside Road and Woodside Lane Street Reclamation Project in 2020; and WHEREAS, staff has solicited a proposal from WSB preparation of a feasibility report, preliminary design and final design along Woodside Road and Woodside Lane; and WHEREAS, the Director of Public Works has reviewed said proposal and found it to be . in order NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota authorizes the execution of a professional services agreement with WSB to complete feasibility report, preliminary design and final design along Woodside Road and Woodside Lane. th Passed by the City Council of Shorewood, Minnesota this 28 day of May, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19- A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR TOPOGRAPHIC SURVEY ON STRAWBERRY LANE CITY PROJECT 19-08 WHEREAS, the current street Capital Improvement Plan (CIP) identifies improvements along Strawberry Lane in 2023; and WHEREAS, staff has solicited a proposal from WSB for topographic survey of Strawberry Lane; and WHEREAS, the Director of Public Works has reviewed said proposal and found it to be . in order NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota authorizes the execution of a professional services agreement with WSB to complete topographic survey along Strawberry Lane. th Passed by the City Council of Shorewood, Minnesota this 28 day of May, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk 8D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Proposal for Upgrade to Amesbury Well Controls Meeting Date: May 28, 2019 Prepared by: Larry Brown, Director of Public Works Attachments CIP Excerpt, 2 ProposalsAE2S, Resolution Policy Consideration: Should the City Council make minor revisions tothe Capital Improvement Programand authorize replacement of the programmable logic controller for the Amesbury Well System? Background: Recently, our water operators attempted to make changes to the computer controls for the Amesbury Wells that control when the wells turn on and turn off, and were unable to access the program. During the investigation of this issue, it was determined th the interface module to the PLC for making revisions to the operating program was faultyand the manufacturer would no longer support the interface in addition tothe actual PLC, due to the age of the system. Despite the failure of the module, the wells will operate at the previously set winter levels. Staff had anticipated the need to replace these units, as these are scheduled in the CIP for Amesbury Well in the year 2021, as shown in Attachment 1. Based on the failure of the interface, staff is recommending that the project for replacemen corresponding interface) be swapped in the CIP to 2019, in exchange of the 2019 Amesbury Well Pipe Corrosion Project being moved to 2021. This should renet zero change in the CIP. Staff solicited a proposal from AE2S for replacement of the Interface and programming of the PLC and, as shown in Attachments 2 and 3. Costs to furnish and install and perform programming for the interface and PLC is $21,960. Financial or Budget Considerations: As noted above, the current CIP has a project originally slated for this project at $37,000 for year 2021. Thus, with the project swap of the Amesbury Corrosion project from 2019 to 2021, there are adequate funds programmed for this project. Mission Statement: The City of Shorewood is committed to providing residents quality publi healthy environment, a variety of attractive amenities, a sustai management through effective, efficient, and visionary leadershi Page 1 Options 1.Pass the resolution making revisions to the CIP, as outline abov proposal from AE2S in the amount of $21,960 for the Amesbury Well Control 2.Provide staff alternative direction. Recommendation / Action Requested: Staff recommends acceptance of the Resolution that makes revision to the CIP and accepts the proposal from AE2S in the amount of $21,960. Connection to Vision / Mission: Providing adequate and quality staff directly impacts the quality of public services. May 14, 2019 Mr. Larry Brown Director of Public Works City of Shorewood 24200 Smithtown Rd Excelsior, MN 55331 RE:Letter Agreement Between City of Shorewoodand AE2S City of Shorewood, MN Amesbury Well OIT Replacement Dear Mr. Brown: Advanced Engineering and Environmental Services, Inc. (AE2S)proposes to render professional programming services for the Amesbury Well Operator Interface Terminal(OIT) Replacement(Assignment) to the City of Shorewood(CLIENT). This Agreement, including Exhibit A, sets forth the terms and conditions under which the CLIENT and AE2Sshall be governed regarding the Assignment. Scope of Basic Services AE2Swill perform the following tasks: 1.Control Panel Modifications 2.OIT Programming Control Panel Modifications: 1.The followingmodifications will be performed to the Amesbury Well control panel: a.Remove existing obsolete OIT (PanelView Plus 600) i.Anticipating reuse of existing 24 VDC power supply and circuitry ii.Anticipating reuse of existing Ethernet communications cable to PLC b.Enlarge existing OIT cut-out to fit new OIT c.Provide and install new OIT i.Allen-Bradley PanelViewPlus 7 (model number 2711P-T10C22D8S) d.Commission and test assembly installation e.Redline existing onsite panel schematics/drawings OIT Programming: 1.The Amesbury Well OIT programming services consist of professional programming and startup services, including: a.Programming newOITapplication i.Programmed similar to the newly programmed Badger Well OIT, while maintaining any unique local control and operation ATTACHMENT 2 E-100 03/2016 Mr. Brown RE:Letter Agreement for City of Shorewood Amesbury Well OIT Replacement May 14, 2019 Page 2 of 7 ii. Anticipating no programming for existing PLC or existing Mission Communications system b. Startup and demonstrate complete operation of new OIT programming and operation Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule attached as Exhibit B. CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S: 1. this Agreement. Such person shall have authority to transmit instructions, receive information, and 2. Provide relevant information regarding requirements for the Assignment. AE2S shall be entitled to use and rely upon all information provided by CLIENT or others in performing AE2S this Agreement. 3. Provide access to the relevant sites sufficient for AE2S to perform its services under this Agreement. 4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been performed satisfactorily hereunder in accordance with the fee terms set forth herein. CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section. Fees AE2S shall render services under this Agreement on an hourly basis in accordance with the Hourly Fee Schedule attached as Exhibit B not to exceed $6,840 without written authorization from CLIENT, including reimbursement for all project related expenses. Task Professional Fees Amesbury Well OIT Control Panel Modifications (4 hrs) $520 Amesbury Well OIT Hardware Supply $3,200 Amesbury Well OIT Programming Services (24 hrs) $3,120 Total Professional Services $6,840 Mr. Brown RE:Letter Agreement for City of Shorewood Amesbury Well OIT Replacement May 14, 2019 Page 3 of 7 Anticipated Project Schedule AE2S proposes completion of the Scope of Services outlined in this Agreement in accordance with the following proposed schedule: Task Est. Completion Date Amesbury Well OIT Replacement 4-6 weeks after authorization Contract Documents This Agreement includes the following documents, incorporated herein by reference: 1. Exhibit A - Terms and Conditions; 2. Exhibit B - Hourly Fee and Expense Schedule; 3. All other attached Exhibits referenced in this Agreement; 4. Any drawings or specifications provided by the CLIENT in writing; and 5. Any duly executed written amendments. There are no contract documents other than this Agreement and those documents listed above. If this Agreement sets forth your understanding of our agreement, including the scope of work desired, fees, terms, and conditions, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to assist in this project and we look forward to working with you. Sincerely, AE2S CLIENT Accepted this _____ day of __________________________, 2019 Anthony Pittman Instrumentation & Controls Regional Mgr. By: _______________________________ Name (Print): _______________________ Aaron Vollmer, P.E. Operations Manager Title: ______________________________ This is EXHIBIT A, consisting of 2 pages, referred to in and part of the Agreement between CLIENT and AE2S dated May 14, 2019. Standard Terms and Conditions The Agreement is supplemented to include the following terms and conditions: and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous Environmental Condition, 1.Standard of Care provided that (i) any such injuries, losses, damages and expenses are a. The standard of care for all professional services performed or attributable to bodily injury, sickness, disease, or death, or to injury to or furnished by AE2S under this Agreement will be the care and skill destruction of tangible property, including the loss of use resulting therefrom, and (ii) nothing in this paragraph 4.c. shall obligate CLIENT similar circumstances at the same time and in the same locality. AE2S to indemnify any individual or entity to the extent of that individual or makes no warranties, express or implied, under this Agreement or entity's own negligence or willful misconduct. d. To the fullest extent permitt b. CLIENT shall be responsible for, and AE2S may rely upon, the CLIENT and anyone claiming by, through, or under CLIENT for any accuracy and completeness of all requirements, programs, instructions, injuries, losses, damages and expenses caused in part by the negligence reports, data, and other information furnished by CLIENT to AE2S of AE2S and in part by the negligence of CLIENT or any other negligent pursuant to this Agreement. AE2S may use such requirements, reports, entity or in data, and information in performing or furnishing services under this negligence bears to the total negligence of CLIENT, AE2S, and all other Agreement. negligent entities and individuals. 2. Payments to AE2S 5. Exclusion of Special, Incidental, Indirect, and Consequential Damages Invoices will be prepared in accordance To the fullest extent permitted by law, and notwithstanding any other practices and will be submitted to CLIENT by AE2S monthly, unless provision in the Agreement, AE2S and officers, directors, otherwise agreed. Invoices are due and payable within 30 days. If partners, employees, agents, and Consultants, or any of them, shall not CLIENT fails to make any payment due AE2S for services and expenses be liable to CLIENT or anyone claiming by, through, or under CLIENT within 30 days, the amounts due AE2S will be increased at the rate of for any special, incidental, indirect, or consequential damages 1.75% per month (or the maximum rate of interest permitted by law, if whatsoever arising out of, resulting from, or in any way related to the less) from said thirtieth day. In addition, AE2S may, after giving seven Assignment or this Agreement, from any cause or causes, including but days written notice to CLIENT, suspend services under this Agreement not limited to any such damages caused by the negligence, professional until AE2S has been paid in full all amounts due for services, expenses, errors or omissions, strict liability, breach of contract or warranties, and other related charges. All payments shall be made in United States express or implied, of AE2S or officers, directors, partners, Dollars. employees, agents, or AE2S's Consultants, or any of them. 3. Insurance 6. Limit of Liability AE2S will maintain insurance coverage for Workers' Compensation, To the fullest extent permitted by law, notwithstanding any other Professional Liability, General Liability, and Automobile Liability and provision of this Agreement, the total liability, in the aggregate, of AE2S will provide certificates of insurance to CLIENT upon request. Consultants, and any of them, to CLIENT and anyone claiming by, 4. Indemnification and Allocation of Risk through, or under CLIENT for any and all claims, losses, costs, or a. To the fullest extent permitted by law, AE2S shall indemnify and hold damages whatsoever arising out of, resulting from or in any way related harmless CLIENT and officers, directors, members, and to the Project or the Agreement from any cause or causes, including but employees from any and all costs, losses, and damages (including but not limited to the negligence, professional errors or omissions, strict not limited to all reasonable fees and charges of engineers, architects, liability or breach of contract, or warranty express or implied of AE2S attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided Consultants, or any of them, shall not exceed total compensation that any such cost, loss, or damage is attributable to bodily injury, received by AE2S as part of this agreement. sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting 7. Termination of Contract therefrom, but only to the extent caused by any negligent act or omission Either party may at any time, upon seven days prior written notice to the of AE2S or officers, directors, members, partners, employees, other party, terminate this Agreement. Upon such termination, CLIENT or Consultants. The parties expressly agree that AE2S or shall pay to AE2S all amounts owing to AE2S under this Agreement, for officers, directors, members, partners, or employees have no duty to all work performed up to the effective date of termination, plus defend CLIENT and officers, directors, members, and reasonable termination costs. employees against any claims, causes of action, demands, lawsuits, or proceedings of any kind. 8. Access CLIENT shall arrange for safe access to and make all provisions for b. To the fullest extent permitted by law, CLIENT shall indemnify and and private property as required for AE2S to perform services under this Agreement. and consultants from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, 9. Hazardous Environmental Conditions attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) to the extent caused by the negligent acts not include any services related to a "Hazardous Environmental or omissions of CLIENT or CLIENT's officers, directors, partners, employees, and consultants with respect to this Agreement. hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or c. In addition to the indemnity provided under paragraph 4.b. of this property exposed thereto in connection with the Assignment. In the Exhibit, and to the fullest extent permitted by law, CLIENT shall event AE2S or any other party encounters a Hazardous Environmental Condition, AE2S may, at its option and without liability for partners, employees, and consultants from and against injuries, losses, consequential or any other damages, suspend performance of services on damages and expenses (including but not limited to all reasonable fees the portion of the Assignment affected thereby until CLIENT: (i) retains Exhibit A - Standard Terms and Conditions Page 1 of 2 appropriate specialist consultant(s) or contractor(s) to identify and, as 14. Force Majeure appropriate, abate, remediate, or remove the Hazardous Environmental AE2S shall not be liable for any loss or damage due to failure or delay Condition; and (ii) warrants that the site is in full compliance with in rendering any service called for under this Agreement resulting from applicablelaws and regulations. CLIENT acknowledges that AE2S is performing professional services for CLIENT and that AE2S is not and 15. No Third Party Beneficiaries shall not be required to become an "arranger," "operator," "generator," All duties and responsibilities undertaken pursuant to this Agreement or "transporter" of hazardous substances, as defined in the will be for the sole and exclusive benefit of CLIENT and AE2S and not Comprehensive Environmental Response, Compensation, and Liability for the benefit of any other party. Nothing contained in this Agreement Act of 1990 (CERCLA), which are or may be encountered at or near the shall create a contractual relationship with or a cause of action in favor of a third party against eithe 10. Patents no other entity shall have any claim against AE2S because of this AE2S shall not conduct patent searches in connection with its services Agreement or the performance or nonperformance of services hereunder. under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement 16. Assignment shall be construed as a warranty or representation that anything made, Neither party shall assign its rights, interests or obligations under this used, or sold arising out of the services performed under this Agreement Agreement without the express written consent of the other party. will be free from infringement of patents or copyrights. 17. Binding Effect 11. Ownership and Reuse of Documents This Agreement shall bind, and the benefits thereof shall inure to the All documents prepared or furnished by AE2S pursuant to this respective parties hereto, their legal representatives, executors, Agreement are instruments of service, and AE2S shall retain an administrators, successors, and assigns. ownership and property interest therein. Reuse of any such documents by CLIENT shall be at CLIENT's sole risk; and CLIENT agrees to 18. Severability and Waiver of Provisions indemnify, and hold AE2S harmless from all claims, damages, and Any provision or part of the Agreement held to be void or unenforceable expenses including attorney's fees arising out of such reuse of documents under any laws or regulations shall be deemed stricken, and all remaining by CLIENT or by others acting through CLIENT. provisions shall continue to be valid and binding upon CLIENT and AE2S, who agree that the Agreement shall be reformed to replace such 12. Use of Electronic Media stricken provision or part thereof with a valid and enforceable provision a. Copies of Documents that may be relied upon by CLIENT are limited that comes as close as possible to expressing the intention of the stricken to the printed copies (also known as hard copies) that are signed or sealed provision. Non-enforcement of any provision by either party shall not by the AE2S. Files in electronic media format of text, data, graphics, or constitute a waiver of that provision, nor shall it affect the enforceability of other types that are furnished by AE2S to CLIENT are only for of that provision or of the remainder of this Agreement. convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the 19. Survival All express representations, indemnifications, or limitations of liability b. When transferring documents in electronic media format, AE2S included in this Agreement will survive its completion or termination for makes no representations as to long-term compatibility, usability, or any reason. readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those 20. Headings used by AE2S at the beginning of this Assignment. The headings used in this Agreement are for general reference only and do not have special significance. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. 21. Controlling Law This Agreement is to be governed by the law of the State of Minnesota d. Because data stored in electronic media format can deteriorate or be without regard to its conflicts of laws principles. creator, the party receiving electronic files agrees that it will perform 22. Notices acceptance tests or procedures within 60 days, after which the receiving Any notice required under this Agreement will be in writing, addressed party shall be deemed to have accepted the data thus transferred. Any to the appropriate party at its address on the signature page and given errors detected within the 60-day acceptance period will be corrected by personally, or by registered or certified mail postage prepaid, or by a the party delivering the electronic files. AE2S shall not be responsible commercial courier service. All notices shall be effective upon the date to maintain documents stored in electronic media format after of receipt. acceptance by CLIENT. 23. Executed in Counterparts 13. Contractors This Agreement may be executed in counterparts, each of which together AE2S shall not at any time supervise, direct, control, or have authority will constitute one and the same instrument. Delivery of an executed over any contractor's work, nor shall AE2S have authority over or be counterpart of this Agreement shall constitute effective delivery of this responsible for the means, methods, techniques, sequences, or Agreement. Each party agrees that the delivery of the Agreement by procedures of construction selected or used by any contractor, or the facsimile or electronic mail shall have the same force and effect as safety precautions and programs incident thereto, for security or safety delivery of original signature and that each Party may use such facsimile at a project site, nor for any failure of a contractor to comply with laws or electronic mail signatures as evidence of the execution and delivery and regulations applicable to such contractor's furnishing and performing of the Agreement by the parties to the same extent that an original of its work. AE2S neither guarantees the performance of any contractor signature could be used. perform its work in accordance with the contract between CLIENT and such contractor. AE2S shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except AE2Sa project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by AE2S. Exhibit A - Standard Terms and Conditions Page 2 of 2 This is EXHIBIT B, consisting of 2pages, referred to in and part of the Agreement between CLIENT and AE2S dated [May 14, 2019]. Hourly Fee and Expense Schedule Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject to annual adjustment effective January 1. Labor Rates* Administrative I $59.00 I&C Assistant $82.00 Administrative II $73.00 I&C Technician I $100.00 Administrative III $87.00 I&C Technician II $112.00 I&C Technician III $128.00 Communications Specialist I $90.00 I&C Technician IV $140.00 Communications Specialist II $103.00 I&C Technician V $153.00 Communications Specialist III $118.00 I&C Specialist $166.00 Communications Specialist IV $142.00 I&C Senior Specialist $175.00 Communications Specialist V $157.00 I&C Manager $184.00 Construction Services Rep I $83.00 IT I $100.00 Construction Services Manager I $136.00 IT II $123.00 Construction Services Manager II $147.00 IT III $139.00 Construction Services Manager III $166.00 IT IV $157.00 Construction Services Manager IV $183.00 IT V $173.00 Construction Services Manager V $201.00 IT VI $183.00 IT Manager $203.00 Engineering Assistant 1 $69.00 Engineering Assistant 2 $88.00 Land Surveyor Assistant $82.00 Engineer I $103.00 Land Surveyor I $98.00 Engineer II $132.00 Land Surveyor II $118.00 Engineer III $157.00 Land Surveyor III $132.00 Engineer IV $178.00 Land Surveyor IV $146.00 Engineer V $194.00 Engineer VI $218.00 Marketing Consultant I $83.00 Engineer VII $233.00 Marketing Consultant II $105.00 Engineer VIII $243.00 Marketing Consultant III $129.00 Marketing Consultant IV $147.00 Engineering Technician I $68.00 Marketing Consultant V $166.00 Engineering Technician II $87.00 Engineering Technician III $103.00 Operations Specialist I $83.00 Engineering Technician IV $120.00 Operations Specialist II $100.00 Engineering Technician V $136.00 Operations Specialist III $126.00 Engineering Technician VI $150.00 Operations Specialist IV $142.00 Engineering Technician VII $166.00 Operations Specialist V $165.00 Financial Analyst I $90.00 Program Coordinator I $178.00 Financial Analyst II $105.00 Program Coordinator II $190.00 Financial Analyst III $123.00 Program Coordinator III $202.00 Financial Analyst IV $139.00 Financial Analyst V $157.00 Project Coordinator I $98.00 Financial Analyst VI $178.00 Project Coordinator II $106.00 Financial Analyst VII $194.00 Project Coordinator III $119.00 Financial Analyst VIII $212.00 Project Coordinator IV $135.00 GIS Specialist I $88.00 Project Manager I $168.00 GIS Specialist II $105.00 Project Manager II $183.00 GIS Specialist III $126.00 Project Manager III $202.00 GIS Specialist IV $141.00 GIS Specialist V $155.00 Senior Designer $190.00 Senior Consultant I $212.00 Senior Consultant II $234.00 Senior Consultant III $248.00 Technical Expert I $250.00 Technical Expert II $272.00 Technical Expert III Negotiable Exhibit B Hourly Fee and Expense Schedule Page 1 of 2 Reimbursable Expense Rates Transportation $0.65/mile Survey Vehicle $0.70/mile $0.10/copy $0.20/page $0.68/page Plots Color Bond $1.25/s.f. Plots Monochrome Bond/Vellum $0.75/s.f. Plots Film/Photo High Gloss $2.00/s.f. UAS - Photo/Video Grade $100.00/day Video Equipment $100.00/each Total Station Robotic $35.00/hour Geo 7 PR GPS $25.00/hour Fast Static/RTK GPS $50.00/hour R1 GNSS GPS $30.00/day Sonar Mite $50.00/day All-Terrain Vehicle/Boat $100.00/day Air Transportation - Pilatus $1,600.00/hour Air Transportation Cirrus $700.00/hour In-house Lodging $150.00/day Legal Services Reimbursement $224.00/hour Outside Services** cost *1.15 Geotechnical Services cost *1.30 Out of Pocket Expenses*** cost*1.15 Rental Car cost*1.20 * Position titles are for labor rate grade purposes only. ** Includes laboratory testing, architectural and engineering consultants, surveying, etc. *** Includes toll telephone, shipping, postage, subsistence, technical literature, equipment rental, etc. These rates are subject to adjustment each year on January 1. Exhibit B Hourly Fee and Expense Schedule Page 2 of 2 May 14, 2019 Mr. Larry Brown Director of Public Works City of Shorewood 24200 Smithtown Rd Excelsior, MN 55331 RE:Letter Agreement Between City of Shorewoodand AE2S City of Shorewood, MN Amesbury Well PLCReplacement Dear Mr. Brown: Advanced Engineering and Environmental Services, Inc. (AE2S)proposes torender professional programming services for the Amesbury Well Programmable Logic Controller(PLC)Replacement(Assignment) to the City of Shorewood(CLIENT). This Agreement, including Exhibit A, sets forth the terms and conditions under which the CLIENT and AE2Sshall be governed regarding the Assignment. Scope of Basic Services AE2Swill perform the following tasks: 1.Control Panel Modifications 2.PLC Programming Control Panel Modifications: 1.The followingmodifications will be performed to the Amesbury Well control panel: a.De-terminateexisting PLC, power supply,andInput/Output (I/O)module wiring i.Anticipating direct reuse of existing wiring for PLC power supply and I/O modules b.Remove existing PLC, power supply, I/O modules, and chassisfrom back panel c.Provide and install DIN Rail to mount new PLC on existing back panel d.Provide and install new PLC, power supply, and I/O modules, mounted to new DIN Rail i.Allen-Bradley CompactLogix PLC Hardware 1.Qty. 1 1769-L33ERProcessor 2.Qty. 1 1769-PA4 Power Supply 3.Qty. 2 1769-IA16 Digital Input Module 4.Qty. 2 1769-OW8I Relay OutputModule 5.Qty.11769-IF4I Analog Input Module 6.Qty. 1 1769-OF4 Analog OutputModule 7.Qty 1 1769-ECR Right End Cap/Terminator a.Re-terminate existing wiring to corresponding PLC, power supply, and I/Omodules b.Commission and test assembly installation ATTACHMENT 3 E-100 03/2016 Mr. Brown RE:Letter Agreement for City of Shorewood Amesbury Well PLC Replacement May 14, 2019 Page 2 of 7 c. Provide design services and redrawn panel schematics/drawings, based on available schematics/drawings PLC Programming: 1. The Amesbury Well PLC programming services consist of professional programming and startup services, including: a. Programming new PLC with RSLogix 5000 i. Anticipating similar PLC control and monitoring of existing equipment and instrumentation ii. Anticipating no programming for existing Mission Communications system b. Programming OIT to match new PLC program c. Commission and test assembly installation d. Startup and demonstrate complete operation of new OIT programming and operation Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule attached as Exhibit B. CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S: 1. this Agreement. Such person shall have authority to transmit instructions, receive information, and 2. Provide relevant information regarding requirements for the Assignment. AE2S shall be entitled to use and rely upon all information provided by CLIENT or others in performing AE2S this Agreement. 3. Provide access to the relevant sites sufficient for AE2S to perform its services under this Agreement. 4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been performed satisfactorily hereunder in accordance with the fee terms set forth herein. CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section. Fees AE2S shall render services under this Agreement on an hourly basis in accordance with the Hourly Fee Schedule attached as Exhibit B not to exceed $15,120 without written authorization from CLIENT, including reimbursement for all project related expenses. Mr. Brown RE:Letter Agreement for City of Shorewood Amesbury Well PLC Replacement May 14, 2019 Page 3 of 7 Task Professional Fees Amesbury Well PLC Control Panel Modifications (24 hrs) $3,120 Amesbury Well PLC Hardware Supply $8,100 Amesbury Well PLC Programming Services (30 hrs) $3,900 Total Professional Services $15,120 Anticipated Project Schedule AE2S proposes completion of the Scope of Services outlined in this Agreement in accordance with the following proposed schedule: Task Est. Completion Date Amesbury Well PLC Replacement 4-6 weeks after authorization Contract Documents This Agreement includes the following documents, incorporated herein by reference: 1. Exhibit A - Terms and Conditions; 2. Exhibit B - Hourly Fee and Expense Schedule; 3. All other attached Exhibits referenced in this Agreement; 4. Any drawings or specifications provided by the CLIENT in writing; and 5. Any duly executed written amendments. There are no contract documents other than this Agreement and those documents listed above. If this Agreement sets forth your understanding of our agreement, including the scope of work desired, fees, terms, and conditions, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to assist in this project and we look forward to working with you. Sincerely, AE2S CLIENT Accepted this _____ day of __________________________, 2019 Anthony Pittman Instrumentation & Controls Regional Mgr. By: _______________________________ Name (Print): _______________________ Aaron Vollmer, P.E. Operations Manager Title: ______________________________ This is EXHIBIT A, consisting of 2 pages, referred to in and part of the Agreement between CLIENT and AE2S dated May 14, 2019. Standard Terms and Conditions The Agreement is supplemented to include the following terms and conditions: and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous Environmental Condition, 1.Standard of Care provided that (i) any such injuries, losses, damages and expenses are a. The standard of care for all professional services performed or attributable to bodily injury, sickness, disease, or death, or to injury to or furnished by AE2S under this Agreement will be the care and skill destruction of tangible property, including the loss of use resulting therefrom, and (ii) nothing in this paragraph 4.c. shall obligate CLIENT similar circumstances at the same time and in the same locality. AE2S to indemnify any individual or entity to the extent of that individual or makes no warranties, express or implied, under this Agreement or entity's own negligence or willful misconduct. d. To the fulles b. CLIENT shall be responsible for, and AE2S may rely upon, the CLIENT and anyone claiming by, through, or under CLIENT for any accuracy and completeness of all requirements, programs, instructions, injuries, losses, damages and expenses caused in part by the negligence reports, data, and other information furnished by CLIENT to AE2S of AE2S and in part by the negligence of CLIENT or any other negligent pursuant to this Agreement. AE2S may use such requirements, reports, data, and information in performing or furnishing services under this negligence bears to the total negligence of CLIENT, AE2S, and all other Agreement. negligent entities and individuals. 2. Payments to AE2S 5. Exclusion of Special, Incidental, Indirect, and Consequential Damages Invoices will be prepared in To the fullest extent permitted by law, and notwithstanding any other practices and will be submitted to CLIENT by AE2S monthly, unless provision in the Agreement, AE2S and officers, directors, otherwise agreed. Invoices are due and payable within 30 days. If partners, employees, agents, and Consultants, or any of them, shall not CLIENT fails to make any payment due AE2S for services and expenses be liable to CLIENT or anyone claiming by, through, or under CLIENT within 30 days, the amounts due AE2S will be increased at the rate of for any special, incidental, indirect, or consequential damages 1.75% per month (or the maximum rate of interest permitted by law, if whatsoever arising out of, resulting from, or in any way related to the less) from said thirtieth day. In addition, AE2S may, after giving seven Assignment or this Agreement, from any cause or causes, including but days written notice to CLIENT, suspend services under this Agreement not limited to any such damages caused by the negligence, professional until AE2S has been paid in full all amounts due for services, expenses, errors or omissions, strict liability, breach of contract or warranties, and other related charges. All payments shall be made in United States express or implied, of AE2S or officers, directors, partners, Dollars. employees, agents, or AE2S's Consultants, or any of them. 3. Insurance 6. Limit of Liability AE2S will maintain insurance coverage for Workers' Compensation, To the fullest extent permitted by law, notwithstanding any other Professional Liability, General Liability, and Automobile Liability and provision of this Agreement, the total liability, in the aggregate, of AE2S will provide certificates of insurance to CLIENT upon request. Consultants, and any of them, to CLIENT and anyone claiming by, 4. Indemnification and Allocation of Risk through, or under CLIENT for any and all claims, losses, costs, or a. To the fullest extent permitted by law, AE2S shall indemnify and hold damages whatsoever arising out of, resulting from or in any way related harmless CLIENT and officers, directors, members, and to the Project or the Agreement from any cause or causes, including but employees from any and all costs, losses, and damages (including but not limited to the negligence, professional errors or omissions, strict not limited to all reasonable fees and charges of engineers, architects, liability or breach of contract, or warranty express or implied of AE2S attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided Consultants, or any of them, shall not exceed total compensation that any such cost, loss, or damage is attributable to bodily injury, received by AE2S as part of this agreement. sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting 7. Termination of Contract therefrom, but only to the extent caused by any negligent act or omission Either party may at any time, upon seven days prior written notice to the of AE2S or officers, directors, members, partners, employees, other party, terminate this Agreement. Upon such termination, CLIENT or Consultants. The parties expressly agree that AE2S or shall pay to AE2S all amounts owing to AE2S under this Agreement, for officers, directors, members, partners, or employees have no duty to all work performed up to the effective date of termination, plus defend CLIENT and officers, directors, members, and reasonable termination costs. employees against any claims, causes of action, demands, lawsuits, or proceedings of any kind. 8. Access CLIENT shall arrange for safe access to and make all provisions for b. To the fullest extent permitted by law, CLIENT shall indemnify and enter upon public and private property as required for AE2S to perform services under this Agreement. and consultants from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, 9. Hazardous Environmental Conditions attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) to the extent caused by the negligent acts not include any services related to a "Hazardous Environmental or omissions of CLIENT or CLIENT's officers, directors, partners, employees, and consultants with respect to this Agreement. hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or c. In addition to the indemnity provided under paragraph 4.b. of this property exposed thereto in connection with the Assignment. In the Exhibit, and to the fullest extent permitted by law, CLIENT shall event AE2S or any other party encounters a Hazardous Environmental Condition, AE2S may, at its option and without liability for partners, employees, and consultants from and against injuries, losses, consequential or any other damages, suspend performance of services on damages and expenses (including but not limited to all reasonable fees the portion of the Assignment affected thereby until CLIENT: (i) retains Exhibit A - Standard Terms and Conditions Page 1 of 2 appropriate specialist consultant(s) or contractor(s) to identify and, as 14. Force Majeure appropriate, abate, remediate, or remove the Hazardous Environmental AE2S shall not be liable for any loss or damage due to failure or delay Condition; and (ii) warrants that the site is in full compliance with in rendering any service called for under this Agreement resulting from applicable laws and regulations. CLIENT acknowledges that AE2S is performing professional services for CLIENT and that AE2S is not and 15. No Third Party Beneficiaries shall not be required to become an "arranger," "operator," "generator," All duties and responsibilities undertaken pursuant to this Agreement or "transporter" of hazardous substances, as defined in the will be for the sole and exclusive benefit of CLIENT and AE2S and not Comprehensive Environmental Response, Compensation, and Liability for the benefit of any other party. Nothing contained in this Agreement Act of 1990 (CERCLA), which are or may be encountered at or near the shall create a contractual relationship with or a cause of action in favor of 10. Patents no other entity shall have any claim against AE2S because of this AE2S shall not conduct patent searches in connection with its services Agreement or the performance or nonperformance of services hereunder. under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement 16. Assignment shall be construed as a warranty or representation that anything made, Neither party shall assign its rights, interests or obligations under this used, or sold arising out of the services performed under this Agreement Agreement without the express written consent of the other party. will be free from infringement of patents or copyrights. 17. Binding Effect 11. Ownership and Reuse of Documents This Agreement shall bind, and the benefits thereof shall inure to the All documents prepared or furnished by AE2S pursuant to this respective parties hereto, their legal representatives, executors, Agreement are instruments of service, and AE2S shall retain an administrators, successors, and assigns. ownership and property interest therein. Reuse of any such documents by CLIENT shall be at CLIENT's sole risk; and CLIENT agrees to 18. Severability and Waiver of Provisions indemnify, and hold AE2S harmless from all claims, damages, and Any provision or part of the Agreement held to be void or unenforceable expenses including attorney's fees arising out of such reuse of documents under any laws or regulations shall be deemed stricken, and all remaining by CLIENT or by others acting through CLIENT. provisions shall continue to be valid and binding upon CLIENT and AE2S, who agree that the Agreement shall be reformed to replace such 12. Use of Electronic Media stricken provision or part thereof with a valid and enforceable provision a. Copies of Documents that may be relied upon by CLIENT are limited that comes as close as possible to expressing the intention of the stricken to the printed copies (also known as hard copies) that are signed or sealed provision. Non-enforcement of any provision by either party shall not by the AE2S. Files in electronic media format of text, data, graphics, or constitute a waiver of that provision, nor shall it affect the enforceability of other types that are furnished by AE2S to CLIENT are only for of that provision or of the remainder of this Agreement. convenience of CLIENT. Any conclusion or information obtained or derived from such electr 19. Survival All express representations, indemnifications, or limitations of liability b. When transferring documents in electronic media format, AE2S included in this Agreement will survive its completion or termination for makes no representations as to long-term compatibility, usability, or any reason. readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those 20. Headings used by AE2S at the beginning of this Assignment. The headings used in this Agreement are for general reference only and do not have special significance. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. 21. Controlling Law This Agreement is to be governed by the law of the State of Minnesota d. Because data stored in electronic media format can deteriorate or be without regard to its conflicts of laws principles. creator, the party receiving electronic files agrees that it will perform 22. Notices acceptance tests or procedures within 60 days, after which the receiving Any notice required under this Agreement will be in writing, addressed party shall be deemed to have accepted the data thus transferred. Any to the appropriate party at its address on the signature page and given errors detected within the 60-day acceptance period will be corrected by personally, or by registered or certified mail postage prepaid, or by a the party delivering the electronic files. AE2S shall not be responsible commercial courier service. All notices shall be effective upon the date to maintain documents stored in electronic media format after of receipt. acceptance by CLIENT. 23. Executed in Counterparts 13. Contractors This Agreement may be executed in counterparts, each of which together AE2S shall not at any time supervise, direct, control, or have authority will constitute one and the same instrument. Delivery of an executed over any contractor's work, nor shall AE2S have authority over or be counterpart of this Agreement shall constitute effective delivery of this responsible for the means, methods, techniques, sequences, or Agreement. Each party agrees that the delivery of the Agreement by procedures of construction selected or used by any contractor, or the facsimile or electronic mail shall have the same force and effect as safety precautions and programs incident thereto, for security or safety delivery of original signature and that each Party may use such facsimile at a project site, nor for any failure of a contractor to comply with laws or electronic mail signatures as evidence of the execution and delivery and regulations applicable to such contractor's furnishing and performing of the Agreement by the parties to the same extent that an original of its work. AE2S neither guarantees the performance of any contractor signature could be used. perform its work in accordance with the contract between CLIENT and such contractor. AE2S shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except AE2Sa project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by AE2S. Exhibit A - Standard Terms and Conditions Page 2 of 2 This is EXHIBIT B, consisting of 2pages, referred to in and part of the Agreement between CLIENT and AE2S dated [May 14, 2019]. Hourly Fee and Expense Schedule Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject to annual adjustment effective January 1. Labor Rates* Administrative I $59.00 I&C Assistant $82.00 Administrative II $73.00 I&C Technician I $100.00 Administrative III $87.00 I&C Technician II $112.00 I&C Technician III $128.00 Communications Specialist I $90.00 I&C Technician IV $140.00 Communications Specialist II $103.00 I&C Technician V $153.00 Communications Specialist III $118.00 I&C Specialist $166.00 Communications Specialist IV $142.00 I&C Senior Specialist $175.00 Communications Specialist V $157.00 I&C Manager $184.00 Construction Services Rep I $83.00 IT I $100.00 Construction Services Manager I $136.00 IT II $123.00 Construction Services Manager II $147.00 IT III $139.00 Construction Services Manager III $166.00 IT IV $157.00 Construction Services Manager IV $183.00 IT V $173.00 Construction Services Manager V $201.00 IT VI $183.00 IT Manager $203.00 Engineering Assistant 1 $69.00 Engineering Assistant 2 $88.00 Land Surveyor Assistant $82.00 Engineer I $103.00 Land Surveyor I $98.00 Engineer II $132.00 Land Surveyor II $118.00 Engineer III $157.00 Land Surveyor III $132.00 Engineer IV $178.00 Land Surveyor IV $146.00 Engineer V $194.00 Engineer VI $218.00 Marketing Consultant I $83.00 Engineer VII $233.00 Marketing Consultant II $105.00 Engineer VIII $243.00 Marketing Consultant III $129.00 Marketing Consultant IV $147.00 Engineering Technician I $68.00 Marketing Consultant V $166.00 Engineering Technician II $87.00 Engineering Technician III $103.00 Operations Specialist I $83.00 Engineering Technician IV $120.00 Operations Specialist II $100.00 Engineering Technician V $136.00 Operations Specialist III $126.00 Engineering Technician VI $150.00 Operations Specialist IV $142.00 Engineering Technician VII $166.00 Operations Specialist V $165.00 Financial Analyst I $90.00 Program Coordinator I $178.00 Financial Analyst II $105.00 Program Coordinator II $190.00 Financial Analyst III $123.00 Program Coordinator III $202.00 Financial Analyst IV $139.00 Financial Analyst V $157.00 Project Coordinator I $98.00 Financial Analyst VI $178.00 Project Coordinator II $106.00 Financial Analyst VII $194.00 Project Coordinator III $119.00 Financial Analyst VIII $212.00 Project Coordinator IV $135.00 GIS Specialist I $88.00 Project Manager I $168.00 GIS Specialist II $105.00 Project Manager II $183.00 GIS Specialist III $126.00 Project Manager III $202.00 GIS Specialist IV $141.00 GIS Specialist V $155.00 Senior Designer $190.00 Senior Consultant I $212.00 Senior Consultant II $234.00 Senior Consultant III $248.00 Technical Expert I $250.00 Technical Expert II $272.00 Technical Expert III Negotiable Exhibit B Hourly Fee and Expense Schedule Page 1 of 2 Reimbursable Expense Rates Transportation $0.65/mile Survey Vehicle $0.70/mile $0.10/copy $0.20/page $0.68/page Plots Color Bond $1.25/s.f. Plots Monochrome Bond/Vellum $0.75/s.f. Plots Film/Photo High Gloss $2.00/s.f. UAS - Photo/Video Grade $100.00/day Video Equipment $100.00/each Total Station Robotic $35.00/hour Geo 7 PR GPS $25.00/hour Fast Static/RTK GPS $50.00/hour R1 GNSS GPS $30.00/day Sonar Mite $50.00/day All-Terrain Vehicle/Boat $100.00/day Air Transportation - Pilatus $1,600.00/hour Air Transportation Cirrus $700.00/hour In-house Lodging $150.00/day Legal Services Reimbursement $224.00/hour Outside Services** cost *1.15 Geotechnical Services cost *1.30 Out of Pocket Expenses*** cost*1.15 Rental Car cost*1.20 * Position titles are for labor rate grade purposes only. ** Includes laboratory testing, architectural and engineering consultants, surveying, etc. *** Includes toll telephone, shipping, postage, subsistence, technical literature, equipment rental, etc. These rates are subject to adjustment each year on January 1. Exhibit B Hourly Fee and Expense Schedule Page 2 of 2 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 19-053 A RESOLUTION ACCEPTING PROPOSALS FROM AE2S FOR UPGRADES TO THE AMESBURY WELL CONTROLS WHEREAS, the Director of Public Works has identified the need to upgrade the controls for the Amesbury Well; and WHEREAS, staff has solicited proposals from AE2S for replacement of the operator interface and programmable logic controller for said well; and WHEREAS, the Director of Public Works has reviewed said proposal and found it to be . in order NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The City Council of the City of Shorewood, Minnesota authorizes the execution of proposals with AE2S for replacement and programming of the operator interface and programmable logic controller for the Amesbury Well. th Passed by the City Council of Shorewood, Minnesota this 28 day of May, 2019. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD RESOLUTION NO. 19- A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. 565 BY TITLE ANDSUMMARY WHEREAS, at a duly called meeting on May 28, 2019, the City Council of the City of Shorewood adopted Ordinance No. 565 entitled “AN ORDINANCE ADOPTING AN AMENDMENT TO SECTION 1001 (BUILDING CODE) OF THE CITY CODE”, and, WHEREAS , The City Council has adopted a lengthy ordinance amending City Code Chapter 1001 to update references to Minnesota Statutes. The purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 565 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 565 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached form. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. ADOPTED by the Shorewood City Council on this 28th day of May, 2019. ATTEST: Scott Zerby, Mayor ________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9B Title/Subject: RFP for Engineering Services Meeting Date: May 28, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Larry Brown, Director of Public Works REGULAR Attachments: Proposed RFP Background: The Council requested that staff prepare a RFP for engineering services. Staff prepared the attached Request For Proposal for consideration. The RFP has been tailored for Shorewood’s engineering services including office time and the support from the firm. Staff is planning for an RFP by invite. Once proposals are received, staff will review the proposals, conduct background checks, and interview references. Those firms that meet the city’s needs will be invited for a presentation to the City Council during a work session. Financial or Budget Considerations: The transition to a new firm may cost slightly more than the approved budget. Final amounts will not be known until the new firm is selected. It is anticipated that WSB will manage the completion of the 2019 projects. With the planned change over occurring in the fourth quarter of 2019, the selected firm will take over the in-process projects where they are at that time. Recommended Action: Approve the RFP as presented, or as the council modifies during the meeting. Next Steps and Timeline: Staff will distribute the RPF following the meeting. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 I.INTRODUCTION The City of Shorewood invites you to respond to a request for civil engineering and City Engineering Services. The anticipated award of the engineering services contract is Fall, 2019. Summary of the position: The city is seeking a firm that will assign a seasoned engineer who will provide up to 32 hours per week of city hall office time. This person shall serve as the City Engineer and will be the primary contact for all engineering matters. The firm, and engineer assigned to the city, will demonstrate a keen understanding of engineering principles and be able to effectively communicate that knowledge to a variety of audiences. II.BACKGROUND The City of Shorewood has a population of approximately 7,400 and is located along the south shores of Lake Minnetonka. The City is 97 percent residential with approximately 3,200 households along 50 miles of streets. The entire City is served by city sewer, and about half of the city is served by municipal water. The remaining properties are on private wells. The City is governed by a five-member City Council which all members are elected at large. The City Council meets the second and fourth Monday of each Month. Shorewood is a Statutory Plan A City with a City Administrator. The City of Shorewood is located along MN Highway 7 and roughly a mile wide and six miles long. In addition, there are two islands in the city that have city streets and sewer. Additional major roadways include Hennepin County State Aid Highways 19 and 82. The City is boarded by eight other cities; Minnetonka, Deephaven, Greenwood, Excelsior, Tonka Bay, Minnetrista, Victoria, and Chanhassen. There are two school districts that serve the city – Minnetonka Public Schools, and Westonka Public Schools. The city maintains 14 wastewater lift stations and approximately 63 miles of sanitary sewer that ultimately discharge to the Met Council collection system. The City provides municipal water through six wells, one treatment facility and two water towers. In addition, the City of Shorewood is a Municipal State Aid City that maintains nine miles of MSA roadways. The City has a robust Capital Improvement Plan that calls for approximately $20 million of infrastructure repairs in the next seven years. The City’s consulting engineer is supervised by the Public Works Director. III.SCOPE OF SERVICE General Engineering Services 1.Serves as the City’s Consulting Engineer on projects, applications, questions and meetings. 2.Take direction from the City Council and is designated part of City Staff when appropriate. 3.Assists in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure. 4.Develops and recommends policies and procedures as needed for effective operation of the City consistent with City policies and relevant laws, rules and regulations and ensures council actions are implemented. 5.Works with the Public Works Director, Finance Director, and City Administrator to formulate short- and long-range plans to meet the needs of all areas of public infrastructure improvements including; streets, water, sewer, storm drainage, street lights, parks, and buildings. Assists the Public Works Director in maintaining the Capital Improvement Plan. 6.Reviews and processes right of way management and utility permits using ROWAY management system. 7.Assists in the implementation of all water resource functions, including implementation of the Wetland Conservation Act and Surface Water Management Plan, as well as factors relating to the MS4 NPDES requirements. 8.Provides engineering services for City infrastructure improvements and oversees project management for the construction of municipal public service projects as needed. 9.Reviews land use applications and construction plans for private developments for consistency with City adopted engineering specifications, City polices and relevant laws, rules and regulations and ensures Council actions and direction are implemented. 10.Ensures that costs and fees are charge back to development projects; works with City staff to monitor charges and revenues associated with development projects. 11.Administers and manages the MSA annual roadway certification and MSA project administration. 12.Assists in the planning, layout and design of City parks, trails, and other recreational amenities. 13.Provide consistent dedicated staffing hours at city hall to address engineering issues, from customers, residents, developers and staff, as they arise. Proactive Engineering Approach 1.Provide in depth analysis and guidance for flexible project options that meet the public need within budget. 2.Provide recommendations for innovative and cost-effective means to extend the serviceable life of infrastructure. 3.Inform staff and Council of new engineering practices and make recommendation for implementation. Construction Services and Project Management – Public Projects 1.Assist in the preparation of plans and specifications for City public works projects with the input from City staff. Present plans and specifications to the City Council for approval. 2.Consult with local, state, and federal agencies having jurisdictional authority over the project(s) as warranted. Procure permits and required approvals form such agencies as required. 3.Prepare and send Advertisements for Bids to the legal newspaper, the Construction Bulleting, and other trade publications as needed for solicitation of bids. Reproduce Contract Documents for bidding purposes. Review bids and prepare bid tabulations. Evaluate bids, prepare a recommendation to the City Council, with the assistance of staff; assemble and award contracts. 4.Assist in monitoring the construction process for compliance with codes, regulations, standards and with approved plans; assure financial accountability of private projects as they relate to escrows and letters of credit. Provide advice to the City during performance of construction projects and give consideration and advice to the City during the performance of services. 5.Lead pre-construction conferences with staff, contractor, utility company representatives, etc. as necessary. 6.Perform construction staking and surveying. 7.Provide construction observation, in conjunction with city staff, as necessary during construction. (Work for this portion shall be at an hourly rate or included into the project fee.) a.Prepare and maintain necessary documentation, including photographs and/or video if warranted, as well as a log and note of the contractor’s progress. b.Convene regular construction progress meetings and provide written project updates, as necessary or required. 8.Prepare, review and recommend action for proposed change orders. 9.Prepare, review and recommend action for pay estimates. 10.Review and recommend final acceptance by the City in a timely manner. Assist the City in ensuring that contractors have been paid and lien waivers have been acquired. 11.Provide as-built drawings within 90 days of the conclusion of City projects. 12.Keep the best interests of the residents of the City of Shorewood in mind during all public and private projects. Respond to their needs and questions in a timely manner and provide all necessary communication. 13.Hold all contractors accountable for projects and ensure they are completed in an acceptable and timely manner. Construction Services – Private Projects 1.Participate in pre-construction meetings with developers, staff, contractors, utility company representatives, etc. to ensure that all City Services are respected, and all applicable codes and ordinance are followed. 2.Review plans and specifications for all privately installed infrastructure improvements and make recommendations to City Staff regarding acceptability of plans. 3.Monitor the construction process for compliance with codes, regulations, standards, and with approved plans; assure financial accountability of private projects as they related to escrows and letters of credit. Provide advice to the City during performance of construction projects and give consideration and advice to the City during the performance of services. 4.Provide construction observation during construction as necessary. (Work for this portion of projects shall be at an hourly rate and passed through to the developer.) 5.Review, and if necessary, prepare and maintain necessary documentation, including photographs and/or video if warranted, and a log of construction activities. 6.Attend, and if necessary, convene regular construction progress meetings. 7.For projects in which the improvements will be turned over to the City, review and recommend acceptance upon satisfactory completion of the improvements. 8.Make recommendations to the City staff regarding reduction or closing out letters of credit or other financial securities. 9.Review as-built drawings upon conclusion of privately installed projects that will be turned over to the city. Preparation of Engineering Reports and Technical Correspondence 1.Determine the need for preliminary studies; review all preliminary studies for compliance with ordinances, comprehensive plans, engineering standards and financial guidelines including; a.Feasibility reports b.Creating assessment rolls c.Plat reviews d.Utility studies e.Traffic studies/signalization/signage/forecasting f.State aid reports g.Surface water system analysis and design/SWMP implementation h.SWMP implementation including MS4 and NPDES monitoring and reporting. i.Review findings of wetland delineation and mitigation as it relates to building permit applications and public improvement projects. j.Planning and design for City parks, trails and recreational amenities k.Identification of grant opportunities for local improvements, and preparation of grant applications as directed l.Capital Improvement Program studies m.Prepare comments regarding reports, plans and studies of other agencies. n.Attends all City Council meetings and public hearings, neighborhood open houses, and other City related meetings as requested o.Presents feasibility studies and/or discuss engineering issues. Participates in City Meetings as needed, including: 1.Internal and external meetings involving engineering or pubic improvement questions and issues. 2.Meets with developer, staff and members of the public on proposed development projects in order to related to processes and procedures involved with engineering and infrastructure development. Reviews development proposals for conformance with City Standards and ordinances. 3.Under the direction of the Public Works Director and City Administrator, as the City liaison and City representative with other communities and local, county, state and federal agencies in areas of responsibility as may be required or directed. 4.Attends City Council meetings. 5.Attends City Council work sessions, Planning and Parks Commission meetings, and other City meetings as needed. Response to Constituent Requests and Issues as Directed by Staff 1.Perform field inspections as needed. 2.Address constituent concerns personally and in writing. 3.Makes public presentations. 4.Provides recommendations to staff and City Council. Record Keeping and Mapping/GIS Services – The engineering firm shall provide the following record- keeping and mapping services to the City: 1.Updates City maps and utility records as appropriate or necessary. 2.Maintains and provides to the City as required the following documents on the City’s record retention system: permits and applications, contract documents, addenda, copies of referenced standard specifications; project schedules; shop drawings and submittals; applicable correspondence; records of pertinent telephone and email exchanges; plans, specifications and engineer’s estimates, file memoranda and directives; change orders; requests and recommendations for payment; project budget and cost information; diaries and logs; record drawings in both hard copy and electronic format; project photographs; project studies and reports; project progress meeting minutes; other information as necessary or required. 3.Provides, hosts and maintains an electronic online GIS/GPS data base mapping system that may be accessed remotely in the field or in the office for general use by the City Staff, which includes all City utilities (water, sanitary sewer, storm sewer), infrastructure, map creation abilities, etc. Other Items 1.Identify opportunities for non-traditional engineering techniques, such as the use of rain gardens, cisterns, pervious surfaces, and other green design elements. 2.Work with other engineering or planning consultants as desired by the City on specific projects. 3.The City desires to include a term in the contract to periodically review progress and overall satisfaction of the level of service provided to the City. The expected term for review shall be every five years. Additionally, please identify the one individual who will be responsible to the City of Shorewood as the City Engineer and the individual to serve as the lead construction representative. Please include a copy of those individual’s resumes. Please indicate how much commitment those persons have to other cities/counties or other entities. IV.Selection The City intends to retain the engineering services of the firm that is best qualified to perform the work for the city with cost and other factors considered. The City staff will screen all applications. The top candidates will be selected for an interview and presentation to the City Council. Qualifications for the top firms will be verified and a thorough check of references will be done. In reviewing the proposals, the committee will weigh the following: 1.The firm’s approach to and understanding the Scope of Work. 2.The firm’s experience with similar contracts and clients. References must be included in the proposal. 3.The experience and qualifications of key personnel in providing similar services, and the extent to which these personnel will be involved with the City. 4.The firm’s demonstrated ability to deliver work on time and within budget. 5.The firm’s expertise in specialty areas such as pavement management and surface water management. 6.Communication skills. 7.Costs for service and fee structure. The City anticipates that there will be a monthly retainer for the city hall office staff time – based on 32 hours per week. 8.Other qualifications/criteria, as deemed appropriate by the City Council. V.Terms and Conditions 1.The City of Shorewood reserves the right to cancel or amend the request for proposals at any time. The City reserves the right to reject any or all proposals and accept the proposal that is in the best interests of the City. 2.The City of Shorewood is not liable for and will not reimburse any costs incurred by the firms responding to this request. 3.A contract will be executed between the successful respondent and the City of Shorewood. 4.The firm shall not assign any interest in this proposal and shall not transfer any interest in the same without the prior written consent of the City of Shorewood. 5.For the purposes of this agreement, the consultant shall be deemed to be an independent contractor and not an employee of the organizations. Any and all agents, servants of the firm or other persons, while engaged in the performance of any work or services required to be performed by the City of Shorewood under this agreement, shall not be considered employees of the City of Shorewood and any and all actions which arise as a consequence of any act or omission on the part of the firm, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the City of Shorewood. The consultant, its agents, servants, or employees shall not be entitled to any of the rights, privileges, or benefits of organization employees except as otherwise may be stated herein. 6.No official or employee of the City of Shorewood who exercises any responsibilities in the review, approval, or carrying out of the proposal shall participate in any decision which affects his or her direct or indirect personal or financial interest. 7.The consultant further agrees to comply with all federal, state and local laws and ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are not or hereafter promulgated insofar as they related to the firm’s performance of the provisions of this agreement. 8.If, for any reason, in the City’s sole opinion, the firm shall fail to fulfill in timely and proper manner the obligations under the contract, the City of Shorewood shall reserve the right to terminate the contract by specifying the date of termination in a written notice to the firm at least thirty (30) calendar days before the termination date. In this event the firm shall be entitled to just and equitable compensation for any satisfactory work completed. 9.The contract will require that the individual or engineering firm selected as City Engineer maintain general liability, automobile, worker’s compensation and errors and omissions insurance. 10.The City reserves the right to retain more than one consultant for specific duties. VI.Proposal Submittal Interested firms should submit six printed copies, and one electronic copy of a proposal to: City of Shorewood Attn: Greg Lerud, City Administrator 5755 Country Club Road Shorewood, MN 55331 glerud@ci.shorewood.mn.us The outside of the envelope should clearly state: RFP – City Engineering Services Questions may be directed to: Greg Lerud, City Administrator, glerud@ci.shorewood.mn.us (952) 960-7905 Larry Brown, Director of Public Works, lbrown@ci.shorewood.mn.us (952) 960-7913 Selection Schedule (Revisions May Apply) City Council approval of RFP May 28 Distribute RFP May 29-31 RFP Submittal Deadline June 28 Review of Proposals July 1-7 Presentation and Interview with Council July 22 Appointment of City Engineer August 12 Start Date: TBD City of Shorewood Council Meeting Item 9C Title/Subject: Street Inspector/Construction Observer position Meeting Date: May 28, 2019 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Larry Brown, Director of Public Works REGULAR Attachments: Proposed job description Background: At the February Council retreat, Council and staff discussed the creation of a staff position that would provide construction observation services, street inspection, as well as other duties outside the construction season. The duties are presently being provided through the consulting engineering firm. The council direction was to create a position that could be an additional check and balance in infrastructure improvement projects, as well as taking on additional duties that are done by the engineering firm – such as right-of-way permit review. The position has been rated using the evaluation method previously approved by the Council. The position is Grade 12, with a 2019 salary range of $67,782 to $84,728, equivalent to the building official rating. Financial or Budget Considerations: Bringing the position inhouse rather that through a consulting firm will reduce the city’s expense for those services. The general fund budget may increase as the costs reflected there rather than in project funds, but the city’s overall expense will be reduced. Options: The council can modify the proposed description in any way it would like or decide not to create the position. Recommended Action: Approve the position description as proposed. The duties that will be performed by the person in this position have also been included in the list of services included in the Engineering RFP, so in the event the city is not able to attract a person to this position, the city will have coverage. Next Steps and Timeline: If the council authorizes advertising for the position, staff will advertise as appropriate. 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 POSITION TITLE: Street Inspector/Construction Observer DEPARTMENT: Public Works ACCOUNTABLE TO: Director of Public Works OBJECTIVE AND SCOPE Under the general direction of the Director of Public Works, performs construction management duties, construction inspection, and quality assurance on public works projects related to general improvements to and in the public rights-of-ways. Ensure compliance with City standards, codes, designs, and specifications through reports and records on projects inspected. Assists in maintaining information about city infrastructure data and information. ESSENTIAL FUNCTIONS OF THE POSITION PLAN DEVELOPMENT AND REVIEW: Provides input and recommendations for project specifications.  Review plans and specifications of assigned projects. Coordinates recommendations and changes with the City Engineer.  Attend and participate in pre-construction conference and meetings.  Attend and participate in construction progress meetings. CONSTRUCTION MANAGEMENT AND OBSERVATION: Ensures the contractor’s work conforms to the project specifications.  Inspects and performs oversight on the installation of street, water, sanitary sewer, and storm sewer infrastructure.  Coordinate surveying and staking on city-related projects.  Inspect contractor’s work daily or as-needed basis.  Keep daily record of instructions and directions given to the contractor regarding plan and specification interpretation and any required change orders. Notify project manager of any potential safety concerns.  Verity quantities for payment on contractor’s pay request.  Coordinate construction activities with residents, utility companies and other agencies to provide public safety during the project.  Approves field changes or corrections and documents reasons.  Answers technical questions and provides information to public and other agencies.  Performs final inspection and acceptance of work and recommends approval of bond reductions or releases.  Works with the Engineer to provide construction notifications to the public.  Performs other construction-related duties as necessary. MANAGEMENT OF RIGHT OF WAY PERMIT PROGRAM: Inspects and performs oversight on other agencies, utility companies, and contractors working within City boundaries and City right-of-way to ensure public safety and ensure protection of City facilities.  Reviews and issues excavation and right-of-way permits and inspects all road cuts for other agencies, utilities, or contractors working within City boundaries.  Reviews and approves bonding, insurance, and traffic control plans to ensure protection of the City and ensure public safety.  Coordinates road closures with emergency services, City departments, and other agencies to maintain traffic flow.  Inspects trench backfill, sub-grade and aggregate base course for grade, compaction, moisture, and preparation for paving to ensure restoration meets the city standard.  Performs two-year warranty inspection and authorizes release of securities. RECORDS MANAGEMENT AND GPS DATA:  Conducts SWPPP annual inspections to ensure compliance with City’s NPDES Municipal Stormwater Permit.  Assist PW and Engineering staff with infrastructure inventories and maintenance of those records.  Makes field measurements as necessary and ensures “as-built” or Record plans are prepared in a timely manner. EDUCATION AND EXPERIENCE High School Diploma or GED and minimum two year of experience in public works construction inspection. Must possess valid MN Driver’s license, or ability to obtain one within six months of start date. Must possess, or obtain within one year of hire date, NICET Level I Certification for Materials, Asphalt, Concrete, Soils and Highway Construction, or equivalent certification. Must possess, or obtain within one year of hire date, ATSSA Traffic Control Supervisor Certification. Related Post-secondary degree desired. OTHER KNOWLEDGE, SKILLS AND ABILITIES KNOWLEDGE OF: 1.Surveying principles and practices. 2.Techniques and instruments of mechanical drawing. 3.Field engineering practices and basic design criteria. 4.Standard construction practices, including specifications, methods, materials, and equipment. 5.Relevant state and local laws, ordinances, regulations and codes. 6.Safe work practices. 7.Relevant mathematics, including; fractions, decimals, algebra, and trigonometry. 8.Methods and techniques of materials testing. 9.Computer applications, such as Word and Excel, and related software programs and systems related to inspection work. SKILLS IN AND ABILITY TO: 1.Read and interpret drawings, plans and contract specifications. 2.Keep clear, accurate, and concise records and field sketches. 3.Calculate volumes and quantities. 4.Making accurate mathematical calculations related to inspection and permitting work. 5.Interpreting and enforcing a variety of codes, ordinance, and special requirements related to construction work. 6.Work independently in the field. 7.Writing clear, accurate and concise technical reports and correspondence. 8.Communicate tactfully and effectively with the public, property owners, contractors, and a others encountered during the course of the work. 9.Build and maintain positive working relationships with co-workers, members of the public, and contractors by employing principles of good customer service. In compliance with the American With Disabilities Act the following represents the Physical and Environmental Demands : The position requires an equal amount of time spent standing, walking, and sitting. Lifting, pushing/pulling, or carrying objects weighing up to twenty five (25) pounds is regularly required, fifty (50) pounds is frequently required, and moving over one hundred (100) pounds occasionally required. Climbing, stooping, kneeling, crouching, crawling, twisting, and bending are sometimes required. Repetitive movements of the hands are sometimes required. Audio, visual, and verbal functions are essential functions to performing this position. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus. While performing the duties of this job, the employee frequently works near moving mechanical parts and in outside weather conditions, including inclement weather conditions. The employee is frequently required to work in wet, humid conditions. The employee is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock and vibration. City of Shorewood General Fund Statement of Revenues, Expenditures and Changes in Fund Balances Through the Month Ended April 30, 2019 (Unaudited) Prior CurrentCurrentCurrent FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 201904/30/1904/30/19Budget04/30/18 REVENUES: $ 5,530,322$ -0.0%$ (5,530,322)$ - Taxes Licenses and Permits 232,225 184,58679.5% (47,639) 113,247 Intergovernmental 152,100 48,95232.2% (103,148) 48,537 Charges for Services 53,885 23,62143.8% (30,264) 22,183 Fines and Forfeitures 60,000 16,86328.1% (43,137) 17,551 Special Assessments - -N/A - - Miscellaneous 220,000 140,05063.7% (79,950) 121,751 Total Revenues 6,248,532 414,0726.6% (5,834,460) 323,269 EXPENDITURES: Current: General Government 1,430,985 551,11038.5% (879,875) 527,140 Public Safety 2,271,951 1,074,92847.3% (1,197,023) 1,000,097 Public Works 1,102,175 323,012 29.3% (779,163) 308,092 Parks and Recreation 328,532 64,22019.5% (264,312) 81,081 Total Expenditures 5,133,643 2,013,27039.2% (3,120,373) 1,916,410 Excess of Revenues Over (Under) Expenditures 1,114,889 (1,599,198)-143.4% (2,714,087) (1,593,141) OTHER SOURCES (USES): Transfers In 25,000 25,000100.0% - 25,000 Transfers Out (1,186,305) (1,646,305)138.8% (460,000) (1,163,895) Total Other Sources (Uses) (1,161,305) (1,621,305)139.6% (460,000) (1,138,895) Excess of Revenues & Other Sources Over (Under) Expenditures & Other Uses (46,416) (3,220,503)6938.3% (3,174,087) (2,732,036) FUND BALANCES: January 1 4,419,413 - 4,162,048 April 30$ 1,198,910$ (3,174,087)$ 1,430,012 BalanceBalance 20192018 CASH: $ 4,265,564$ 3,265,573 January 1 (3,053,712) (1,850,535) Increase (Decrease) in Cash April 30$ 1,211,852$ 1,415,038 City of Shorewood General Fund Statement of Expenditures and Other Uses by Program/Department Through the Month Ended April 30, 2019 (Unaudited) CurrentCurrentCurrentPrior FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 201904/30/1904/30/19Budget04/30/18 EXPENDITURES: Current: General Government Council 84,100 27,69532.9% (56,405) 19,235 Administration 492,899 156,96631.8% (335,933) 155,148 Elections - -N/A - - Finance 198,329 67,87534.2% (130,454) 59,127 Professional Services 251,500 111,52444.3% (139,976) 108,341 Planning 221,657 66,18229.9% (155,475) 82,651 Municipal Buildings 182,500 120,86866.2% (61,632) 102,638 Total General Government 1,430,985 551,11038.5% (879,875) 527,140 Public Safety Police Protection 1,481,949 636,39942.9% (845,550) 622,596 Fire Protection 651,969 339,39952.1% (312,570) 325,962 Protective Inspections 138,033 99,13071.8% (38,903) 51,539 Total Public Safety 2,271,951 1,074,92847.3% (1,197,023) 1,000,097 Public Works City Engineer 89,500 12,723 14.2% (76,777) 13,888 Public Works Service 911,296 220,717 24.2% (690,579) 209,980 Ice and Snow Removal 101,379 89,572 88.4% (11,807) 84,224 Total Public Works 1,102,175 323,012 29.3% (779,163) 308,092 Parks and Recreation Park Maintenance 265,316 41,76315.7% (223,553) 61,913 Recreation 63,216 22,45735.5% (40,759) 19,168 Total Parks and Recreation 328,532 64,22019.5% (264,312) 81,081 Total Expenditures 5,133,643 2,013,27039.2% (3,120,373) 1,916,410 OTHER USES: Transfers Out: Southshore Center - Building 32,300 49,800 154.2% 17,500 38,000 Southshore Center - Operations 70,000 70,000 100.0% - 70,000 EDA Debt City Hall 92,005 92,005 100.0% - 93,895 Equipment Replacement 140,000 172,500 123.2% 32,500 135,000 Street Improvements 810,000 810,000 100.0% - 785,000 Park Capital 42,000 222,000 528.6% 180,000 42,000 Storm Water - Manor Pond - 230,000 N/A 230,000 - Total Transfers Out 1,186,305 1,646,305138.8% 460,000 1,163,895 Total Expenditures & Other Uses 6,319,948 3,659,57557.9% (2,660,373) 3,080,305