08-23-21 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 23, 2021 7:00 P.M.
For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for
the meeting link. Contact the city at 952.960.7900 during regular business hours with questions.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Pledge of Allegiance
B. Roll Call
Mayor Labadie___
Siakel___
Johnson___
Callies___
Gorham___
C. Review and Adopt Agenda
Attachments
2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening
under a single motion. These items are considered routine and non-controversial. However, a council member may request that an
item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by
council, those can be answered now.
Motion to approve items on the Consent Agenda & Adopt Resolutions Therein:
A. City Council Work Session Minutes of August 9, 2021 Minutes
B. City Council Regular Meeting Minutes of August 9, 2021 Minutes
C. City Council Special Meeting Minutes of August 16, 2021 Minutes
D. Approval of the Verified Claims List Claims List
E. Ordinance 581: 2021 City Code Supplement S-16 City Clerk/HR Director Memo
Ordinance 581
Resolution 21-088
F. Approve Cost Share Agreement with Greenwood for City Administrator Memo
Minnetonka Blvd Resolution No. 21-089
G. Approve Cost Share Agreement with Chanhassen for City Engineer Memo
nd
West 62 Street Resolution No. 21-090
H. Authorize Public Works Equipment Purchase: Director of Public Works Memo
Groomer for Ballfields Resolution 21-091
I. Accept Donation of Trees for Manor Park Communication/Recycling Coordinator Memo
from Tom and Kim Beauchamp Resolution 21-092
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on
tonight's agenda, to the attention of the mayor and council. Once you are recognized, please identify yourself by your first and last
name and your address for the record. After this introduction, please limit your comments to three minutes. All comments will be
respectful. No action will be taken by the council on this matter, but the mayor or council could request that staff place this matter on a
future agenda. (No Council Action will be taken)
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
6. PARKS
A. Report by Commissioner Gallivan on 08-10-21 Park Commission Meeting
7. PLANNING
A. Report by Commissioner Gault on 08-03-21 Planning Commission Meeting
B. Variance to Rear Setback Planning Director Memo
Applicant: Revision, LLC Resolution 21-093
Location: 28115 Boulder Bridge Drive
8. ENGINEERING/PUBLIC WORKS
A. Approve Quote for 2021 Catch Basin and Culvert Repairs, Engineer Memo
City Project 21-03 Resolution 21-094
B. Accept Bids and Award Contract for Covington Watermain Engineer Memo
Repair, City Project 21-07 Resolution 21-095
C. Approve Quote for Lake Linden Drive Culvert Repair Engineer Memo
Resolution 21-096
9. GENERAL/NEW BUSINESS
A. Approve Prosecutor Contract with Campbell Knutson City Administrator Memo
Resolution 21-097
B. Approve Joint Powers Agreement with the MN City Administrator Memo
Bureau of Criminal Apprehension for City Prosecutor Resolution 21-098
10. STAFF AND COUNCIL REPORTS
A. Staff
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 9, 2021 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 6:00 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Labadie, Siakel, Gorham, and Callies;
City Administrator Lerud; Finance Director Rigdon; Planning Director Darling;
Director of Public Works Brown; and, City Engineer Budde
Absent: None
B. Review Agenda
Siakel moved, Gorham seconded, approving the agenda as presented. Motion passed 5/0.
2. 2022 BUDGET
Finance Director Rigdon gave a brief overview of the preliminary budget and explained that it is
subject to change. This preliminary budget and levy will be adopted by the end of September
2021. Staff is proposing a 4.5% increase in expenditures and noted that this excludes transfers
out. He reviewed the personnel-related assumptions, including no new employees being
budgeted for 2022, a cost of living adjustment proposed at 3%, and a health insurance premium
increase of 6%. He reviewed the expenditures and transfers out in public safety, general
government, streets, and parks and recreation. He stated that there was a use of reserves in
2021 but that is not expected to occur in 2022 with a structurally balanced budget. He explained
that the overall levy is looking at a 2.9% increase. He reviewed details about the Shorewood
Community and Event Center funding, the Enterprise Funds, and the property tax levy. He
reviewed the graph representations for the taxable market value, tax capacity, property tax levy,
and City local tax capacity rate. He stated that staff is looking for feedback from the Council on
the budget and would also like to discuss the American Recovery Plan Action money.
Councilmember Callies asked about the tax levy and asked if it will say on the statement the
different percentages that go towards the different things, such as parks.
Finance Director Rigdon clarified that it will not outline those details on the statement, but there
will just be a notice that will state the change from 2021 to 2022 and will show the County levy,
the school district levy, and the City levy, but will not break it down into parks and streets. He
stated that it is done internally but noted that there are forms that are submitted to Hennepin
County because they disseminate the funds.
Councilmember Siakel stated that she thinks the amount proposed for the levy is appropriate and
thinks the City provides incredible value in what is provided for the residents. She stated that the
City does not assess for the roads, so there is a lot that a resident of the City gets. She
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
AUGUST 9, 2021
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commended Finance Director Rigdon for his work and thinks the Council has been a very good
steward of the public dollars. Mayor Labadie and Councilmember Johnson stated that they both
supported the proposed 2.9% levy increase.
Councilmember Johnson stated that he would even support a slight increase in this amount if
there was something worthy for the money to be spent on. Councilmember Siakel stated that
from whatever is approved in September, the Council can go down, but cannot go up and
suggested that a 3% or a bit more of an increase would be a bad idea.
Councilmember Johnson stated that he was thinking perhaps 3.2% of 3.3% which he still believes
is a very small increase. Councilmember Callies stated that when you look at the actual dollar
amounts, the impact on property owners is pretty small. Councilmember Gorham stated that he
would support that. Councilmember Siakel stated that she didn’t think it was a bad idea.
Councilmember Johnson suggested that the Council go with a 3.3% increase in the levy.
There was consensus of the Council to increase the tax levy by 3.3%.
Finance Director Rigdon stated that the City has received half of about $855,000 from the
American Recovery Act funds. He explained that there was no rush on using the funds and the
City is given until the end of 2024 to commit the money and until the end of 2026 to finalize it. He
briefly reviewed the approved list of ways the funds can be used such as invest in water, sewer,
and broadband infrastructure. He explained some of the possible options for use of the funds
including Covington Road watermain improvement project, replacement of water meters, or
furthering broadband access. He reminded the Council that they do not need to make a decision
on the use of funds tonight, but could begin discussions.
Councilmember Gorham stated that he thinks the City may be able to move forward with a few of
the ideas presented by Finance Director Rigdon.
The Council discussed details of the work involved in the permitting process as part of furthering
broadband.
Councilmember Siakel noted that she feels the Covington Road watermain project is just one of
the things that just happens at the City and has to pay for. She explained that, to her, she feels
the American Recovery Act funds should be for things above and beyond the usual such as the
water meters and the broadband. Councilmember Johnson stated that he had come to the same
conclusion but had a different rationale.
Councilmember Gorham stated that if there is a cost to add more functionality to the chambers in
order to create a hybrid approach to have Zoom and in-person meetings, that may also be a good
use of the money. Mayor Labadie stated that she thinks the City is already doing that because
the Council meetings can be viewed via Zoom. Councilmember Johnson stated that he would
like to hold this conversation when City Attorney Keane is present to ensure that whatever is done
follows Minnesota Statute.
Mayor Labadie stated that she is also leaning towards support of the water meter replacement
program and work to further broadband access. She stated that she thinks that the City may be
able to complete a good portion of both of those items.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
AUGUST 9, 2021
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Finance Director Rigdon reminded the Council that they do not need to make a decision tonight
but staff wanted to get them thinking about possibilities for the funds. Councilmember Callies
noted that the City can raise its rates to pay for water projects.
Councilmember Siakel suggested that the Council may want to allocate money for the broadband,
then the remainder can go towards the water meter program and if anything is left can be allocated
to the Water Fund to cover other projects. She asked if there were any there any other unfunded
project, such as buckthorn removal in Freeman Park where the funds could be used. She stated
that she agreed with Councilmember Callies that the City could just go ahead and raise its rates
to pay for the water projects. She stated that she would like to see if there are other things that
are out there that the City should consider.
Councilmember Callies suggested that this could be something that is discussed at the Council
retreat. Public Works Director Brown stated that right now there is new equipment that is being
stored outside because they are out of room at their Public Works facility. He stated that they
have just started talking about expanding the building in very preliminary terms.
Mayor Labadie asked if that would be an appropriate use of these funds. Finance Director Rigdon
stated that he did not think it would necessarily qualify. City Administrator Lerud stated that staff
can research it more closely in order to be entirely sure that it would not be an option.
Mayor Labadie stated that she liked Councilmember Siakel’s suggestion that staff take some time
to see if there any additional items that could be considered in addition to the three that are listed.
3. ADJOURN
Johnson moved, Siakel seconded, Adjourning the City Council Work Session Meeting of
August 9, 2021 at 6:46 P.M. Motion passed 5/0.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 9, 2021 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Siakel, and Callies; City Attorney
Keane; City Administrator Lerud; Finance Director Rigdon; Planning Director
Darling; Director of Public Works Brown; City Engineer Budde; and Julie Moore
Communications and Recycling Coordinator.
Absent: None
B. Review Agenda
Johnson moved, Siakel seconded, approving the agenda as presented. All in favor, motion
passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Callies moved, Gorham seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of July 26, 2021
B. Approval of the Verified Claims List
C. LMCIT Insurance Waiver
D. Calling for Special Meeting for Retreat, Adopting RESOLUTION NO. 21-083,
“A Resolution Calling for Special City Council Meeting to Hold the City
Council-Staff Retreat.”
E. Approve Mary Lake Agreement, City Project 19-09, Adopting RESOLUTION
NO. 21-084, “A Resolution to Approve Agreement for the Mary Lake Outlet
Project City Project 19-09.”
All in favor, motion passed.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
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3. MATTERS FROM THE FLOOR
Kristine Sanschagrin, 27725 Island View Road, stated that her family has lived in Shorewood for
sixteen years and moved here because they were looking for the same small-town values that
she and her husband grew up with in Maine and southeastern Minnesota. In the last five years,
she has realized that the rights of citizens are unequal in the City and the only day of the year
where citizens are valued equally is on election day. For the other days, certain citizens rights,
and speech, are more valued more than others. The Shorewood City Council states in their public
document, Shorewood City Values, a list of twelve values that the City makes decisions and acts
on. She explained that two of the values are: fair and equal interpretation and enforcement of the
City Code; and a reputation for dependability and integrity. She stated that if that was the case,
why would City Attorney Keane state at a recent public hearing that Shorewood is a complaint-
based community. She asked if that meant a fair and equal interpretation of the Code is based
on complaints. The Council’s responsibility is to provide fair and equal interpretation of the
enforcement of the City Code and it should not matter if a complaint exists. The City Attorney has
stated publicly, in a courtroom, that the City enforces all zoning violations and if that were true
she would expect the Council to have a responsibility to live by and enforce codes they see that
are not upheld. She stated that if that is not happening, it would be considered a dereliction of
duty under the previously stated values. Mayor Labadie’s private property has adjacent properties
that violate the City zoning code, yet she chooses to ignore the violations and selectively enforce
the code against other citizens in the community. She asked how Mayor Labadie is upholding
the values that are one of the guiding principles of the City Council that she leads. She stated
that her question for the community is how the citizens can believe equal enforcement of the
zoning code should occur and if they choose to allow complaints as the enforcement, because it
runs the risk of allowing the Mayor and the City Council the opportunity to choose who they
enforce violations against. If enforcing all zoning code is the bedrock of our community, then it
would make sense for the City Council members properties to be reviewed to determine if they
meet City Zoning Codes.
Ms. Sanschagrin stated that engaging elected community members outside of the Council to
review whether current code specifically impacts health, safety, and general welfare of the
community could be a means to maintain and repeal codes in a timely manner. There is much
more to comment on regarding inconsistent enforcement of citizen rights in this community,
including the rights to free speech, access to public meetings, and public safety on the City streets.
Annika Sanschagrin, 27725 Island View Road, read aloud a letter from her father that expressed
his opposition to the sign rules and any other new ordinances that the City is contemplating that
unnecessarily restrict freedom, and expressed his opinion about enforcing the City Code through
a complaint-based system.
Alan Yelsey, 26335 Peach Circle, asked if the meeting was operating under Robert’s Rule of
Order. Mayor Labadie stated that this portion of the meeting is not designed for questions and
answers, but is a time for residents to make comments on items not on the agenda. She explained
that she tries her best to follow Robert’s Rules of Order and will follow the agenda that has been
prepared and distributed by staff.
City Attorney Keane confirmed that the Council conducts its meetings under Robert’s Rules of
Order. Mr. Yelsey stated that he has a few points of order questions that are legitimate questions
and are allowed under Robert’s Rules of Order. He asked if the Council had authorized the
interactive features in Zoom so that people at home can talk during the meeting.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
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Mayor Labadie stated that the Council has not authorized that. Mr. Yelsey asked if the Council
intended to do so in the near future. Mayor Labadie asked City Attorney Keane to weigh in
because he has thoroughly researched the issue.
City Attorney Keane stated that the legislature provided specific authorization for interactive non-
attendee participation at meetings or remote participation, under the circumstances of the
pandemic emergency and other qualified declared emergencies. He stated it is a narrow ‘carve
out’ in the statute that allows for remote interactive participation under those circumstances. He
stated that the City has returned to regular order and the meetings are conducted in the public
forum. He stated that the City does, as a service, offer the function to attend the meeting via
Zoom through the website, but the statute does not allow or authorize remote participation in
regular order or when there is not an emergency declaration.
Mr. Yelsey stated that he has informed the City that they are in violation of discrimination laws
because he has asked them to enable the feature of speech for people in the City, including
members of his family who are unable to attend this meeting and speak, but can do so from home.
He stated that State laws regarding discrimination, including the City’s own laws and Federal laws
require making accommodations in a public forum for anyone receiving a service from the
government. He asked if the City was aware of those laws.
City Attorney Keane stated that he is aware of the accommodation requirements for those with
special needs and disabilities. Mr. Yelsey stated that he has formally requested those
accommodations and it is illegal to not respond and to not provide those accommodations if they
are easily and readily available without any undue stress on the City.
City Attorney Keane stated that the legislature has set forth statutes that clearly enunciate certain
meeting protocols, requirements, and among those, the legislature addressed when remote
participation is authorized.
Mr. Yelsey stated that he is not referring to remote participation at all and stated that he has not
brought it up. He stated that he is talking about making accommodations for people who are
seniors, have mobility issues, are homebound, or people that do not want to risk coming into a
public forum and getting COVID. He asked why the City is not making the accommodation as he
has formally requested in a letter to the City two weeks ago.
City Attorney Keane stated that they have not done it because it is contrary to State statute to
have remote participation when regular order is returned. Mr. Yelsey stated that the Minnesota
Open Meetings law has a segment that is relatively new that says if you are using a social media,
which is Zoom, during the meeting, you must make it available to all residents. He stated that it
says that explicitly in the Minnesota Open Meetings law and he called that to the attention of the
Council two weeks ago.
Mayor Labadie suggested that Mr. Yelsey can reach out to City Attorney Keane to deal with this
specific issue at a different time. She stated that he has already exceeded his three minutes and
stated that she was willing to give him some leeway, but asked him to finish up his comments.
Mr. Yelsey stated that this is an example of the Council’s inability to accommodate the citizens of
the City. He read aloud a statement that stated that they demand a, by the people democracy,
that embraces free and participative speech. The people of Shorewood, expect our Mayor, City
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
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Council and staff to treat all residents equally, be completely open, honest, and inclusive, to
proactively embrace the diverse needs of its residents, to protect free speech, to follow the will of
the electorate, and above all, always reach out to the community for input before any plans,
budgets, or actions are initiated and input throughout any project, including measurement. The
Mayor, City Council and staff have been asked to fully honor these reasonable expectations for a
healthy democracy. Voices have been consistently denied, ignored, and sometimes treated with
contempt. He stated that the Mayor had asked them to be respectful in this meeting and she
treated him with contempt when he spoke last time because she made comments as soon as he
sat down that were disrespectful, sarcastic, and damaged the integrity of what he was saying. He
shared a list that he stated documented actions by the Mayor and City Council that dismantle the
fragile and precious democracy that included things such as, denial of seniors and people with
disabilities the right to speak from home via Zoom during meetings, passed a right-of-way
ordinance that prohibits any signs from being placed in the right-of-way, and consistently refuses
to solicit citizen input in the form of surveys.
Mayor Labadie thanked Mr. Yelsey for his comments and stated that they have been noted for
the record.
City Attorney Keane stated that to address the question presented by Mr. Yelsey regarding access
and participation remotely, that would require a change in State Statute and explained that the
remedy Mr. Yelsey seeks would be with the State legislature to provide that mechanism. Mr.
Yelsey presented a copy of the Minnesota Open Laws Meeting Statute to City Attorney Keane.
Mayor Labadie asked that copies of this document be distributed to the Council.
David Cooley, 24725 Smithtown Road, stated that from his viewpoint, he sees a bench full of
upper middle class, condescending individuals. He stated that he is a veteran and feels that the
Council has treated Mr. Yelsey terribly and should be ashamed of themselves. He stated that he
risked his life to fight in a war for the United States for them and stated that if he had his way, he
would kick every one of them off the Council, which has been done in the City’s past. He stated
that he would like to have something in written form of what the citizens have to do to have a
recall election and to be able to have citizen initiatives, which he feels they all should be armed
with. He stated that they were put on the Council to represent the people and they do not sound
anything like that is what they are doing. He stated that he was ashamed of Mayor Labadie’s
behavior tonight. He stated that when it comes to signs, he does not want to see one single
contractor sign along the roadside or a sign that represents law enforcement or one U.S. flag
along the road. He stated that the Council is looking for a sanitary, pie in the sky situation where
nobody does anything.
Greg Larson, 25535 Orchard Circle, stated that last winter, supposedly at the request of Chief
Meehan, the Council, through an ordinance, placed limits on public protest. He stated that the
ordinance was not, and is not needed and, in his opinion, is an affront to free speech and
assembly. He stated that he is not here to debate that ordinance but to suggest that the Council,
for now, place a moratorium on new ordinances and instead focus on existing public safety laws
such as reckless driving and speeding which have greatly increased over the last few years. He
stated that he is tired of waiting for the City Council to prioritize public safety and tired of waiting
for the police to enforce existing laws. He stated that sometime within the next month, he will be
sponsoring, at his expense, a people’s forum on street safety. He stated that he may hold it at
the community center and the mayors of Shorewood, Excelsior, and Tonka Bay, along with the
chief of police will be invited to listen. He explained that after that forum, they will expect the cities
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
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and the police department to host a future forum and provide a unified and detailed plan on how
to improve street safety across the entire community
Wallace W. Piroyan, Jr. 24845 Glen Road, stated that he met with the police chief last July
regarding the issue brought up by Mr. Larson, regarding protesting. He stated that they had a
good conversation and he was able to express what their intensions were at the time to protest
what was going on and each of the Council’s homes were going to be protested. He stated that
he knows Chief Meehan is a man of integrity and will attest to the fact that at no time in the
conversation was anything brought up about screaming, yelling, use of profanity, bull horns, or
any type of thing that would disturb the neighborhood which is the definition of peaceful protest.
He stated that has unfortunately fallen under the category of an ordinance so that first amendment
right has also been blocked. He stated that he would guess that at some point in Chief Meehan’s
career, he swore an oath to the Constitution, just like he did when he served in the military. He
stated that he takes the Constitution very seriously and knows that the First Amendment means
a lot especially if it is done respectfully and honorably. He stated that the question becomes, now
that they have passed this ordinance, what will be next. There are many communities moving
towards amending things pertaining to the Second Amendment and he would be curious to find
out what their private meetings are pertaining to finding out lists of people who own AR-15s or
other assault weapons and find out what ways their rights can be truncated. He stated that it is
really a shame and while he is proud that they recite the Pledge of Allegiance, he does not think
the Council actually believes in any of it.
Rich Eng, 25170 Glen Road, stated that there is a famous man on the front of the two-dollar bill
that he feels is appropriate for tonight who said, “when the people fear the government, that is
tyranny, but when the government fears the people, that is freedom”. This City Council and City
staff are eroding the rights of the people and he questions where it will end. He stated that he is
here to inform the Council that he does not fear them and would hope and pray that the rest of
the City would also stand with him and tell them that they also do not fear this Council or their
decisions. He stated that they are here to ensure that the Constitution and their rights will be
followed through because they all took an Oath of Office for this City.
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Mike Meehan, Chief SLMPD – 2022 Budget Presentation
Chief Meehan, SLMPD gave an overview of the 2022 Budget and noted that the operating budget
was unanimously approved by the Coordinating Committee on July 14, 2021. He noted that the
overall increase was 3% and the effect on the cities, minus the reallocation of the funding formula
was 3.9% which was due to a drop in the surplus revenue from the previous year so there was
not as much roll-over. He explained that 2022 will be a lean year, for the department, budget-
wise.
Councilmember Siakel stated that there were some public comments shared this evening
regarding speeding and thinks that there is an impression that the Council does not take those
concerns seriously, which she disagrees with. She asked Chief Meehan if he had any comments
that he could share regarding this issue.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
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Chief Meehan stated that they get a lot of traffic complaints from many neighborhoods. He stated
that there are a department with sixteen sworn officers and have other calls for service. There is
a directed patrol program when they take complaints from neighborhoods and have periods where
they can concentrate enforcement in that area and rotate that around between the speed trailer
and enforcement. The list of neighborhoods has grown exponentially since he started the
program around 2016. He explained that it is a difficult thing and they do their best to fairly enforce
the traffic laws and speed limits and many times ticket people who live in the neighborhood.
Mayor Labadie asked Chief Meehan if he would be willing to accept questions from the audience.
Chief Meehan stated that he would be happy to answer questions. Greg Larson, 25535 Orchard
Circle, stated that he thinks the police department should ask for more money and clarified that
he is not a ‘defund the police’ guy.
Chief Meehan stated that this is a police department that services four different communities and
they all have different budget concerns. Mr. Larson stated that he respects that Chief Meehan is
trying to keep the budget down, but he feels the police department should be first in line to be
able to get a few extra officers that can be put on patrol to specifically go after the few people who
are the ones who are really causing problems.
Councilmember Siakel stated that she thinks the City has been very supportive of public safety
and are one of four cities who share in the budget and have sat at the table and spoken up on
behalf of that. Chief Meehan stated that he would not disagree and noted that there are four
communities that all have different priorities. He stated that if he thought he could get a 12%
budget increase, he would present it.
Kristine Sanschagrin, 27725 Island View Road, asked about the placement of stop signs and
asked if that the is the responsibility of the police department. Chief Meehan stated that it was
not the responsibility of the police department and would be city engineering and Public Works
departments.
Ms. Sanschagrin stated that with regard to public safety, she has three young drivers and as she
has driven around with them in the community, she has noticed how many stop signs are
impossible for young drivers to accurately stop and be able to see down the street for oncoming
traffic. She stated that she thinks this is a huge problem in the City and stated that she has begun
taking photographs of all the poor stop sign placement throughout the City. She stated that if the
City is concerned about public safety, she would recommend that this be a high priority for the
community and that it be addressed. She stated that there are also a lot of overgrown bushes
and trees that get in the way of seeing either bicycles, pedestrian, or vehicles.
Mayor Labadie noted that the City has the See-Click-Fix program where people can report issues.
A man from the audience asked if he could ask Chief Meehan a question that was outside of the
financial scope of the budget.
Mayor Labadie stated that the scope of tonight’s presentation was the budget, but she was sure
Chief Meehan would be happy to receive a phone call to discuss other issues. Rich Eng, asked
if Chief Meehan takes a squad car home to his personal residence day in and day out. Chief
Meehan stated that he takes a department car. Mr. Eng asked how many other officers do that
on a weekly or monthly basis. Chief Meehan stated that there are three officers in total.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
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Mr. Yelsey asked what two more officers who would focus somewhat on traffic issues would cost
the City. Chief Meehan stated that an officer generally costs between $100,000 to $115,000/year.
He stated that if you were to try to hire someone just to do traffic stops, that may be a difficult hire,
considering the hiring environment right now.
Mr. Yelsey asked if those costs would also cover a squad car. Chief Meehan stated that there
are operating costs that go along with the position but does not know, off the top of his head, if
they would need to add another squad for two more officers.
Mayor Labadie asked how many new officers were recently sworn into the SLMPD. Chief Meehan
stated that they had five officers sworn into the department and noted that there are more coming.
He explained that right now, it is a challenging environment to hire and retain law enforcement
officers because of the current climate. He stated that they have lost quite a few officers and
have hired a lot of good, young officers, but it is a very competitive and challenging hiring
environment.
Johnson moved, Siakel seconded, Approving the 2022 Operating Budget for the SLMPD
as presented. All in favor, motion passed.
Chief Meehan stated that the support of the elected officials and the community from the four
cities matters a great deal to the department.
B. GreenCorps Presentation – Keely Shultz
Keely Shultz, GreenCorps gave a brief presentation of GreenCorps and her time serving the City.
She stated that her service time began in September 2020 and will end in August of 2021. She
explained that she worked with the City on waste reduction, recycling, and organics management.
She reviewed the overall goals of reducing waste, increasing and improving recycling and
composting and equipping residents and staff with knowledge. She stated that one of the big
areas where she has focused this year was on recycling education and noted that she was
supervised by Julie Moore who is the Communications and Recycling Coordinator for the City
which has allowed for some good channels for broadening the educational reach of the programs.
She stated that she has utilized social media to post throughout the year and noted that the City
has received a 136% increase in their Instagram followers. She stated that she also worked on
updating the disposal directory binder that outlines things like where people can dispose or tires
or mattresses. She stated that she has written monthly articles for the City newsletter and
reviewed some of the topics she covered in recent months as well as some of the social media
posts that she made in an effort to educate people. She noted that another project she worked
on was the community facilities benchmarking project which was initially supposed to just cover
City Hall, the Community Center, and the Public Works building with the goal to improve recycling,
composting, and waste reduction infrastructure in City facilities, however due to COVID-19 and
working remotely for a large portion of the year, many of the in persons aspects had to be delayed
or taken out. She stated that what she worked on instead was doing a lot of research and creating
a report of how similar facilities have reduced their waste as a resource for the City. She surveyed
staff about their habits with throwing things away, composting, and recycling at work to garner
ideas and these have also been included in her report. She stated that SLMPD and Excelsior
Fire District reached out to her to assist with recycling at their facilities. She stated that she was
able to conduct an audit, give them suggestions, and make signs to assist in their efforts. She
stated that one of the tedious duties that she did was unsubscribe staff from various junk mailings
that they had been receiving to help reduce the unwanted mail and the time staff deals with their
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
Page 8 of 11
mail. She assisted with the City’s spring clean-up event and shared examples of some of the
projects she worked on to help with the event. She stated that she took pictures of all the dogs
that came through the event and, with the owner’s permission, posted them on the City’s social
media accounts and explained that ended up being the most liked post from her time at the City.
She noted that she also worked on recycling at the parks because there had been a lot of
contamination in the recycling bins and due to their efforts, they have seen the contamination
rates decrease. She gave an overview of the Feet on the Street recycling project and the
preliminary results of the program. She expressed her appreciation to City staff and residents for
the opportunity to work with them this past year.
A gentleman from the audience expressed his appreciation to Ms. Shultz for her time and wanted
her to know she really did make an impact in the community.
Councilmember Callies stated that she feels that the City was very lucky to be able to have Ms.
Shultz and noted that she feels she has great communication skills and is glad she will be putting
those to use in her future career path. Mayor Labadie thanked Ms. Shultz for her work over the
last year and stated that she thinks residents learned a lot from her and she will be missed when
she leaves.
6. PARKS
A. Report by Commissioner Heinz and Commissioner Hirner on July 27, 2021 Park
Commission Meeting
Commissioner Hirner gave an overview of the July 27, 2021 Park Commission meeting as
reflected in the minutes, especially surrounding the Three Rivers LRT Trailhead Connection in
Freeman Park.
Mayor Labadie suggested that interested audience members attend the next Park Commission
meeting on August 10, 2021 in order to get more information and ask questions of the entire
Commission.
Commissioner Heinz gave an overview of the July 27, 2021 meeting including some of the
upcoming things related to parks in the City.
B. Three Rivers LRT Trailhead Connection in Freeman Park
Planning Director Darling explained that the Three Rivers Park District approached the City about
the idea of adding an official trailhead connection to the Lake Minnetonka LRT. They are
proposing to pay for the initial trail connection, with the City being responsible for maintaining the
trail in the future. She stated that the Parks Commission spent time discussion pros and cons of
all the options and their preferred option was Option #3.
Councilmember Gorham asked about the next steps and when Three Rivers Park District would
come back to the City. Planning Director Darling stated that they will put together a preliminary
report and then get their Board’s approval of the final design. City Administrator Lerud stated that
the agreement will come back before the Council and they will share the plans for the work.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
Page 9 of 11
Johnson moved, Labadie seconded, to Authorize staff to begin discussing an agreement
with Three Rivers Park District on the preferred location of Option #3 for an LRT Trailhead
Connection in Freeman Park. All in favor, motion passed.
Councilmember Johnson noted that there is some graffiti on the Freeman Park sign. Planning
Director Darling stated that was unfortunate because the City had just had the signed cleaned a
few weeks ago.
C. Authorize Purchase of Community Garden Fence at South Shore Park
Planning Director Darling stated that the Park Commission has been working over the last year
to expand the community gardens at South Shore Community Park due to the increased demand
for garden plots. She stated that the City has informally added nine garden plots just by using
more portable fencing and would like to now add those within the permanent fencing. She stated
that the quote to extend the chain link fence is $3,705 which would not be installed until sometime
in the fall after the gardening season. She stated that they have considered expanding the
gardens even more but believe that they are at capacity due to the amount of sun and trees in
the park. Staff and the Park Commission recommend approval.
Johnson moved, Gorham seconded, to Approve RESOLUTION NO. 21-087, “A Resolution
Approving the Extension of Fencing and Accepting a Quote from Dakota Unlimited for a
fence at South Shore Community Park gardens.”
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. Repeal Section 110 of City Code – Domestic Partner Registry
City Administrator Lerud stated that the City has been engaged in a review of the City Code to
update language and remove sections that are no longer relevant or needed. He explained that
ten years ago, the City adopted an Ordinance that created a domestic partner registry in order to
allow residents who were not married, but in committed relationships, access to benefits by
registering. Minnesota law changed and a certificate from the City is no longer needed in order
for domestic partners to access these benefits. He noted that only three couples have registered
under the program and the most recent was 2013. He stated that repealing this portion of the
Code will not have any impact on anyone currently registered. Staff recommends repealing this
section of the Code.
Councilmember Gorham stated that he has not seen many other cities repeal their ordinance and
noted that he wanted to make sure that things like hospital visitation rights are covered. City
Administrator Lerud stated that he believes very few cities had even adopted a Domestic Partner
Registry and thinks the City was one of only a handful of cities that did so. He stated that
insurance rules and regulations have all changed since 2011.
Councilmember Siakel stated that the City put this progressive ordinance into effect a number of
years ago and State law has caught up to the City so it is unnecessary for this to be on the books.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
Page 10 of 11
City Administrator Lerud stated that was correct and the fact that it is has been eight years since
anyone registered is also an indication that the benefits that were provided by this portion of Code
are available elsewhere.
Mayor Labadie stated that this was not a public hearing item, but offered the opportunity for
members of the audience to weigh on this matter, however, no one expressed any interest.
Councilmember Gorham stated that if there is any chance that the City is limiting someone in the
future to get employer benefits or some other right, that would concern him. City Administrator
Lerud stated that the ordinance came about at a time when the City recognized those rights were
not available and they are now. He explained that if there comes a time where there are rights
that have been excluded, the City can step in and look at adopting an ordinance that would
address those issues.
City Administrator Lerud stated that the Council is free to take no action and not repeal it and it
will continue to stay on the books. He stated that making sure the City Code is relevant has been
happening for years and this is one of those times when the Code is being cleaned up.
Councilmember Callies stated that she does not think the Council should be afraid to keep the
Code current and relevant, and this is an appropriate housekeeping matter. Mayor Labadie stated
that when she reviews the language, she is proud that the City was such a forerunner in
guaranteeing domestic partner/same sex couple rights and the State has finally caught up to the
City’s forward thinking.
Callies moved, Johnson seconded, Adopting ORDINANCE NO. 580, “An Ordinance
Repealing Shorewood City Code Chapter 110, Domestic Partnership Registry.” Johnson,
Siakel, Callies and Labadie in favor. Gorham opposed. Motion passed 4-1.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
City Engineer Budde stated that the Glen/Amlee/Manitou project is scheduled for paving next
week and final restoration the following week. The mill and overlay project should be completed
by the end of the week of August 23, 2021.
Planning Director Darling stated that the new permitting software is fully in operation and available
on the website. She stated that contractors have been applying for permits and it seems to be
working very smoothly. In general, City staff is happy about having cloud-based storage and not
having to scan all of the documents that have been submitted and will eventually cut down on
staff time spent doing this type of work.
City Attorney Keane explained that he had tried to make it clear in his earlier explanation about
use of Zoom or remote participation that it is simply not allowed under State law and noted that
the Statute, as amended in 2021 is clear. He encouraged people to talk to their legislators if they
would like Council’s to be able to entertain discussions from remote locations.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
AUGUST 9, 2021
Page 11 of 11
Councilmember Johnson asked about the comment made that Zoom is social media. He stated
that personally, he views Zoom as a video conferencing tool, and not social media. City Attorney
Keane stated that is correct and social media has typically been Twitter and Facebook platforms.
Councilmember Callies stated that in reviewing some of the materials submitted by Mr. Yelsey,
there is an article that refers to Zoom as social media, but she agrees that the Statute, when it
was amended in the last legislative session talks about interactive technology, and Zoom, in the
common definition would be an interactive technology.
B. Mayor and City Council
Councilmember Gorham gave a brief update regarding the Tour de Tonka event held last
weekend and explained that there had been a mistake and all the riders were directed to the
longer route.
Councilmember Siakel commended Mayor Labadie for how she ran a difficult meeting tonight.
She stated that there were a lot of people in attendance and felt some of the comments were
inappropriate and misguided. She stated that the public is welcome to come forward anytime and
you do not always have to agree with the Council, but the way you do it is important.
Mayor Labadie noted that several people presented documents this evening and assured the
public that those documents will be reviewed and outlined the parameters for getting the
documents to the City in time for it to be included in the meeting packets.
11. ADJOURN
Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of August
9, 2021, at 8:50 P.M. All in favor, motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2C
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 16, 2021 6:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL SPECIAL MEETING
Mayor Labadie called the meeting to order at 6:30 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Siakel, Callies, Johnson and Gorham; City
Administrator Lerud.
Council member Siakel was participating remotely from lobby of the Sable Hotel, 900 East Grand
Avenue, Chicago, IL.
Motion by Johnson, Second by Callies to approve the agenda, upon roll call vote, all voted
in favor.
Council member Callies made a statement that she is familiar with most of the attorneys
interviewing tonight, and with all the firms. She said she does not have a conflict of interest that
would require she recuse herself in the discussion or decision.
The special meeting was being held to interview legal firms to provide civil legal services to the
City of Shorewood. Firms interviewed:
Campbell Knutson
Hoff Barry
Eckberg Lammers
Kutak Rock
The meeting recessed at 8:30 and was called back to order at 8:35.
Because the lead city attorney from Campbell Knutson was not able to attend the meeting tonight
due to a previously scheduled commitment from which he could not participate remotely, and
because the city offered only one date for the interviews, it was the consensus of the council to
invite the attorney from Campbell Knutson to interview. It was suggested he be scheduled as
part of a work session in September or October with a council discussion to then follow.
With no other business, Johnson moved, Gorham seconded, Adjourning the City Council
Meeting. Upon roll call all in favor, motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
#2 D
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Verified Claims
Meeting Date: August 23, 2021
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.
66978-67004 & ACH 915,690.45
Total Claims $915,690.45
We have also included a payroll summary for the payroll period ending August 15, 2021.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents and funds are
budgeted and available for these purposes.
Options:
The City Council may accept the staff recommendation to pay these claims or may reject any
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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ITEM 2E
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title/Subject: Ordinance 581 Codification 2021 City Code Supplement S-16
Meeting Date: Monday, August 23, 2021
Prepared by: Sandie Thone, City Clerk/HR Director
Reviewed by: Greg Lerud, City Administrator
Attachments: Ordinance 581 Codification 2021 City Code Supplement S-16
Resolution 21-088 Allowing for Summary Publication
Background: On November 22, 2004, Council adopted Ordinance 409 which
approved the Municipal Code Book codification provided by American Legal Publishing
Corporation and the League of MN Cities. Fifteen (15) supplements have been
completed since the initial codification.
The process of reviewing and incorporating changes to the City Code is called
"codification." All ordinances that are approved are incorporated into the City Code. On
an annual basis, Council-approved ordinances are incorporated into the official code
document at the City Clerk's office, and the online representation of the Code is
updated. Ordinances adopted after the annual codification process are kept in the City
Clerk's Office as approved, but not yet codified ordinances, and are available on the city
website as well. American Legal Publishing serves as the City’s codifier and online host
of the web version of the City Code.
The sixteenth supplement (S-16) to the City Code contains ordinances up through and
including Ordinance 576. This ordinance, if so adopted, shall take effect upon
publication in the city’s official newspaper.
Financial or Budget Considerations: Budget Item: Administration Budget: Cost of the
S-16 Supplement does not exceed budgeted funds.
Recommendation/Action Requested: 2 Motions Required as Outlined Below:
1) Motion: Staff respectfully requests the city council adopt Ordinance 581
Codification of Ordinances for 2021 Supplement S-16 to the Shorewood City
Code, provided by American Legal Publishing Corporation. Motion, Second,
and Majority required.
2) Motion: Staff respectfully requests the city council approve Resolution 21-088 for
the Summary Publication and Content as described in the attached summary
publication. Motion, Second and Four-Fifths Vote required.
Connection to Vision /Mission: Consistency in providing the community with 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
(Official Publication)
CITY OF SHOREWOOD
HENNEPIN COUNTY, STATE OF MINNESOTA
SUMMARY PUBLICATION
ORDINANCE 581
AN ORDINANCE ENACTING AND ADOPTING THE 2021 S-16 SUPPLEMENT TO
THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD, MINNESOTA
Section 1. American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the Sixteenth Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 576 of a
general and permanent nature enacted since the prior supplement of the Code of
Ordinances of the City of Shorewood; and it is the intent of the City of Shorewood to
accept these updated sections, as outlined in Supplement S-16, available for review
and inspection at City Hall and on the City’s website in its entirety.
Section 2. This Ordinance 581 adopting and enacting the 2021 S-16 Supplement of the
Code of Ordinances for the City of Shorewood shall take effect upon publication in the
City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood on August 23, 2021.
s/s Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-088
A RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE 581 ENACTING AND ADOPTING THE 2021 S-16 SUPPLEMENT
TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD
WHEREAS, at a duly called meeting on August 23, 2021, the City Council of the City of
Shorewood adopted Ordinance 581 entitled “ORDINANCE 581 ENACTING AND
ADOPTING THE 2021 S-16 SUPPLEMENT TO THE CODE OF ORDINANCES FOR
THE CITY OF SHOREWOOD MINNESOTA; and
WHEREAS, The City Council has adopted annual supplements to the code of
ordinances since its approval of the codification process in 2004. This supplement S-16
contains ordinances up through and including 576 The purpose of the summary is to
inform the public of the intent and effect of the ordinance while saving the expense of
publishing the entire ordinance. The full and complete ordinance is on file in the office
of the City Clerk.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHOREWOOD:
1. The City Council finds that the attached Summary Publication of
Ordinance No. 581 clearly informs the public of intent and effect of the
Ordinance.
2. The City Clerk is directed to publish Ordinance No. 581 by title and
summary, pursuant to Minnesota Statutes, Section 412.191, subd.4.
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 23d day of August 2021.
ATTEST: Jennifer Labadie, Mayor
________________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE 581
AN ORDINANCE ENACTING AND ADOPTING THE 2021 S-16 SUPPLEMENT TO
THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
American Legal Publishing Corporation of Cincinnati, Ohio, has completed the
Sixteenth Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 576 of a
general and permanent nature enacted since the prior supplement of the Code of
Ordinances of the City of Shorewood; and it is the intent of the City of Shorewood to
accept these updated sections, as outlined in Supplement S-16, available for review
and inspection at City Hall and on the City’s website in its entirety.
NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains:
Section 1. That the sixteenth supplement to the Code of Ordinances of the City
of Shorewood as submitted by American Legal Publishing Corporation of
Cincinnati, Ohio, is hereby accepted.
Section 2. This ordinance adopting the 2021 S-16 Supplement to the Code of
Ordinances shall take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 23d day
of August 2021.
__________________________
Jennifer Labadie, Mayor
ATTEST:
____________________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2F
Title/Subject: Minnetonka Blvd. Project Cost Share with Greenwood
Meeting Date: August 23, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Reviewed By: Larry Brown, Director of Public Works;
Tim Keane, City Attorney
Attachments: Cost Share Agreement, Resolution
Background: Last year, Shorewood submitted a joint grant application to the DOT’s
Local Road Improvement Program for the overlay of Minnetonka Blvd. on behalf of
Shorewood, Greenwood, and Deephaven. The City received word earlier this year that
the application did not receive funding.
Before applying, Greenwood indicated that they were going to do the project in 2021,
regardless if the grant money was received for not. They have prepared plans and
specifications and gone out for bids. Greenwood has inquired if Shorewood would be
willing to join them for the project this year. The road is in definite need of repair, and
due to the favorable bids for the 2021 mill and overlay project, there are sufficient funds
remaining to pay Shorewood’s share of the work.
Financial or Budget Considerations: Funds are available in the 2021 mill and overlay
project budget to complete the work. Based on a cost apportionment, Shorewood’s cost
for the work is estimated at $75,165.67, with an additional estimated $18,000 for the city
share of engineering costs.
Recommended Action: Staff has reviewed the project costs and believes the amount
of Shorewood’s share is accurate and staff recommends adoption of the Resolution to
approve the cost share agreement.
Next Steps and Timeline: Staff will advise Greenwood of the city council’s decision.
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 21 – 089
RESOLUTION APPROVING COST SHARE AGREEMENT WITH THE CITY OF
GREENWOOD FOR SHOREWOOD’S SHARE OF COSTS TO REHABILITATE A PORTION
OF MINNETONKA BOULEVARD
WHEREAS, Shorewood submitted a grant application to the State of Minnesota on behalf of
Shorewood, Greenwood, and Deephaven for the rehabilitation of Minnetonka
Boulevard; and,
WHEREAS, The grant application was not awarded, and,
WHEREAS, The City of Greenwood is proceeding with their portion of the roadway
improvement project, and bid the project for the entire road segment and inquired
if Shorewood would reimburse Shorewood-related costs for the project; and,
WHEREAS, Shorewood has sufficient funds remaining in the 2021 Mill and Overlay street
project due to favorable bidding; and
WHEREAS, City staff has reviewed the project bid results and estimates and recommends
that the City Council proceed with the project,
NOW THEREFORE BE IT RESOLVED by the Shorewood City Council:
1. That the bid results are favorable and better than the city could receive if it bid the
project separately.
2. There is value in the roadway being under construction one time.
3. Finds that Shorewood’s costs are reasonable.
4. Approves the attached cost-share agreement with the City of Greenwood reimbursing an
estimated $75,165.67 project costs, and approximately $18,000 in engineering costs.
rd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of August,
2021.
__________________________
Jennifer Labadie, Mayor
________________________________
Sandie Thone, City Clerk
COST-SHARING AGREEMENT
THIS COST-SHARING AGREEMENT (the “Agreement”) is entered into this ____ day
of __________, 2021 by and between the City of Shorewood, a municipal corporation under the
laws of Minnesota (“Shorewood”), and City of Greenwood, a municipal corporation under the
laws of Minnesota (“Greenwood”). That Shorewood and the Greenwood may hereinafter be
referred to individually as a “Party” or, together, the “Parties.”
RECITALS
A. Greenwood intends to undertake overlay improvements to Minnetonka Boulevard, a local
city street located on the municipal boundary of Greenwood and Shorewood as depicted in
the attached Exhibit A (the “Project”).
B. Greenwood is willing to construct the Project if Shorewood agrees to share in the costs,
and the Parties acknowledge that absent this Agreement and Shorewood’s financial
contributions toward the Project, that Greenwood would choose not to undertake to
construct the full scope of the Project, particularly those elements that directly benefit
Shorewood.
C. Greenwood has obtained Project bids and has estimated a post-bid total Project cost of
$75,165.67 based on bid quantities, which is contained on the attached Exhibit B (the
“Post-Bid Estimate”) along with an estimated $18,000 in engineering fees. The Post-Bid
Estimate includes those elements that are within Shorewood’s municipal boundary.
D. The Parties wish to specify their respective responsibilities for Project costs as provided
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, the Parties agree as follows:
1. Cost-Sharing Obligation; Project Construction. Upon execution of this Agreement,
Shorewood hereby agrees to pay Greenwood $75,165.67, plus an estimated $18,000 in
engineering fees which is identified thereon as the percentage attributable to the Project
elements that directly benefit Shorewood. Upon such payment, Greenwood will endeavor
to complete the Project, including the aforementioned elements, in accordance with the
approved Project plans on file with Greenwood and subject to any modifications it deems
necessary and in its sole discretion.
2. Project Completion; Final Cost Determination. The Project shall be completed by
Greenwood on or before October 1, 2021, subject to unavoidable delays that are otherwise
beyond Greenwood’s control. Within 30 days of Project completion and final payment by
Greenwood to its contractor and an accounting of all Project costs, which include
1
4820-2711-8834.2
engineering, administration, and observation, Greenwood shall request a reimbursement
for payment to Shorewood.
3. Access to Shorewood Property; Communications. Shorewood hereby authorizes
Greenwood, its agents, contractors, and employees to access Shorewood’s property and
any area contained thereon as it deems reasonably necessary in order to construct the
Project. At Shorewood’s request, the Greenwood shall communicate Project plans and
timelines with Shorewood and keep Shorewood informed as to the same.
4. Termination. This Agreement shall terminate upon Project completion and, if required
pursuant to Section 2.
5. Governing Law and Amendments. This Agreement shall be governed by the laws of the
State of Minnesota and may only be modified or amended with the written consent of both
Parties.
6. Binding Agreement. This Agreement constitutes the entire agreement between the Parties
regarding this matter and is binding on the Parties until it expires or is terminated as
provided herein.
7. Indemnification. Greenwood and Shorewood agree to indemnify and hold the other, its
successors, and assigns, harmless from all claims, demands, damages, assessments, costs
and expenses, including attorneys' fees, arising out of or relating to the Project.
8. Not Construed Against Drafter. The language of this Agreement shall not be interpreted
in favor of or against any Party as the drafter of this Agreement.
9. Incorporation. The recitals contained herein and the exhibits attached hereto are
incorporated in and made part of this Agreement.
10. Representations. Each Party executing this Agreement represents to the other that those
signing below on its behalf are authorized to enter into this Agreement and to bind its
organization to its terms and conditions.
11. Counterparts. For the convenience of the parties, any number of counterparts hereof may
be executed and each such executed counterpart shall be deemed an original, but all such
counterparts together shall constitute one and the same Agreement.
\[signature pages to follow\]
2
4820-2711-8834.2
IN WITNESS WHEREOF, the parties to this Cost-Sharing Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY OF GREENWOOD
By: ______________________________
Debra Kind, Mayor
By: ______________________________
Nalisha Williams, City Clerk
CITY OF SHOREWOOD
By: ______________________________
Jennifer Labadie, Mayor
By: ______________________________
Sandie Thone, City Clerk
3
4820-2711-8834.2
EXHIBIT A
A-1
4820-2711-8834.2
EXHIBIT B
B-1
4820-2711-8834.2
COST
APPRTIONMENT
2021 STREET IMPROVEMENTS
CITY OF GREENWOOD, MN
BIDCITY OF GREENWOODCITY OF SHOREWOOD
ITEMAPPROX.
NO.ITEMNOTESQUANT.UNITUNIT PRICEAMOUNTQUANTITYAMOUNTQUANTITYAMOUNT
BASE BID
1MOBILIZATION1LUMP SUM$7,500.00$7,500.000.50$3,750.000.50$3,750.00
2TRAFFIC CONTROL 1LUMP SUM$6,900.00$6,900.000.50$3,450.000.50$3,450.00
3REMOVE STORM STRUCTURE (ANY SIZE)1EACH$700.00$700.000.50$350.000.50$350.00
4FULL DEPTH RECLAMATION (8" DEPTH)4500SQ YD$1.30$5,850.002,250.00$2,925.002,250.00$2,925.00
5SAWCUT BITUMINOUS (ANY THICKNESS)385LIN FT$0.01$3.85193.00$1.93192.00$1.92
6COMMON EXCAVATION (CV)100CU YD$3.60$360.0050.00$180.0050.00$180.00
7REMOVE EXSESS RECLAIM MATERIAL (LV)650CU YD$18.00$11,700.00325.00$5,850.00325.00$5,850.00
8RESUSE EXCESS RECLAIM FOR TRAIL (CV)(P)80CU YD$13.50$1,080.0080.00$1,080.00
9REMOVE BITUMINOUS TRAIL (ANY THICKNESS)300SQ YD$4.00$1,200.00300.00$1,200.00
10TYPE SP 12.5 NON-WEARING COURSE MIX (3,B)530TON$74.00$39,220.00265.00$19,610.00265.00$19,610.00
11TYPE SP 9.5 WEARING COURSE MIX (3,B) 530TON$74.70$39,591.00265.00$19,795.50265.00$19,795.50
12TYPE SP 9.5 WEARING COURSE MIX (2,B) (TRAIL)100TON$93.00$9,300.00100.00$9,300.00
13BITUMINOUS CURB765LIN FT$7.00$5,355.00382.50$2,677.50382.50$2,677.50
14ADJUST MANHOLE4EACH$1,275.00$5,100.002.00$2,550.002.00$2,550.00
1512" RC PIPE SEWER (CL V)30LIN FT$120.00$3,600.0015.00$1,800.0015.00$1,800.00
16CONSTRUCT DRAINAGE STRUCTURE (DES 2'X3')3EACH$2,350.00$7,050.001.50$3,525.001.50$3,525.00
17CONSTRUCT 48" DRAINAGE STRUCTURE1EACH$3,220.00$3,220.000.50$1,610.000.50$1,610.00
18CONNECT TO EXISTING STORM SEWER2EACH$570.00$1,140.001.00$570.001.00$570.00
19CHIMNEY SEAL4EACH$215.00$860.002.00$430.002.00$430.00
20STORM DRAIN INELT PROTECTION5LIN FT$130.00$650.002.50$325.002.50$325.00
21BIOLOG200LIN FT$3.55$710.00100.00$355.00100.00$355.00
22TOPSOIL BORROW (LV)60CU YD$72.20$4,332.0030.00$2,166.0030.00$2,166.00
23HYDROMULCH (WITH 25-151 SEED MIX)600SQ YD$2.45$1,470.00300.00$735.00300.00$735.00
24SOD, TYPE LAWN90SQ YD$27.25$2,452.5045.00$1,226.2545.00$1,226.25
254-INCHE DOUBLE YELLOW1170LIN FT$0.62$725.40585.00$362.70585.00$362.70
264-INCHE WHITE2630LIN FT$0.32$841.601,315.00$420.801,315.00$420.80
27LANDSCAPE ALLOWANCE1ALLOWANCE$1,000.00$1,000.000.50$500.000.50$500.00
$161,911.35$86,745.68$75,165.67
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-090
A RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT
WITH CHANHASSEN FOR THE 2021 MILL & OVERLAY PROJECT, 20-08
WHEREAS, the City of Shorewood awarded the 2021 Mill & Over Project to GMH
Asphalt in the amount of $1,776,383.63, and
nd
WHEREAS, West 62 Street is included in the project and shares a municipal
boundary with the City of Chanhassen; and
nd
WHEREAS, the City of Chanhassen cost share of West 62 Street is $43,041.25 and
includes costs for construction, design and administration;
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereby approves and enters into a cooperative construction agreement, attached
hereto as Exhibit A, with the City of Chanhassen for the 2021 Mill & Overlay Project.
rd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of
August, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
EXHIBIT A – CONSTRUCTION AGREEMENT
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-091
A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS
FOR PUBLIC WORKS EQUIPMENT, ONE BALLFIELD GROOMER
WHEREAS, the 2021- 2030 Capital Improvement Program has budgeted for
replacement of a 1997 Sandpro/ballfield groomer; and
WHEREAS, staff has solicited a State Contract Proposal from MTI Distributing, Inc., for
one Sandpro 2040Z; and
WHEREAS, the proposed unit is under what has been budgeted within the CIP;
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereby authorizes the expenditure of funds in the amount of $12,610.59 for purchase of
one Sandpro 2040Z from MTI Distributing Inc., including trading in the existing unit.
rd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of
August, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2I
Title/Subject: Donation of trees for Manor Park by Tom and Kim
Beauchamp
MEETING
TYPE
Regular
Meeting Date: August 23, 2021
Meeting
Prepared by: Julie Moore, Communications & Recycling Coordinator
Attachment: Resolution
Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and
§471.17 all donations or gifts of real and personal property, including donations for the
benefit of public recreational services, must be accepted by the city council.
Background: Staff had received a donation of trees through the Shorewood tree sale
to be planted by our public works department in Manor Park.
Name of Donor Amount
Tom and Kim Beauchamp $770
Financial Considerations: The donation will cover the cost of the trees.
Action Requested: Staff recommends the city council accept the donation.
Accepting a donation requires a simple majority of Council members.
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.
RESOLUTION 21-092
A RESOLUTION ACCEPTING DONATIONS TO THE
CITY OF SHOREWOOD FOR TREES AT MANOR PARK
WHEREAS, the City of Shorewood is generally authorized to accept donations of real and
personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens,
and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of
their public recreational services pursuant to Minnesota Statutes section 471.17; and
WHEREAS, the following persons and entities have offered to contribute the cash amounts set
forth below to the city:
Name of Donor Amount
Kim and Tom Beauchamp $770
WHEREAS, the terms or conditions of the donations are to be used for trees for Manor Park;
and
WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as
allowed by law; and
WHEREAS, the City Council finds that it is appropriate to accept the donations offered.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. The donations described above are accepted and shall be used to establish and/or operate
services either alone or in cooperation with others, as allowed by law.
2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s
receipt of the donor’s donation.
Passed by the City Council of Shorewood, Minnesota this 23th day of August 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
#7B
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Variance to rear yard setback
Location: 28115 Boulder Bridge Drive
Applicant: Revision, LLC
Meeting Date: August 23, 2021
Prepared by: Marie Darling, Planning Director
Review Deadline: October 23, 2021
Attachments: Correspondence Received.
Planning Memorandum from the August 3, 2021 Meeting
Resolution
Background: See attached planning memorandum for detailed background on this request.
At the August 23, 2021 meeting, the Planning Commission voted unanimously to recommend
approval of the variance application to construct an addition to an existing non-conforming
home 36.8 feet from the rear property line, where 50 feet is required. The applicant was
present at the meeting and spoke in favor of the application. Staff also received one letter
regarding the request prior to the meeting and one letter after the meeting (both attached).
Financial or Budget Considerations: The application fees are adequate to cover the cost of
processing the request.
Recommendation / Action Requested: Staff and the Planning Commission recommend
approval of the variance request.
Proposed motion: Move to adopt the attached resolution approving a variance for property
located at 28115 Boulder Bridge Drive based on the findings and conditions in the attached
resolution.
Any action on this request would require a simple majority.
Next Steps and Timelines: If the item is approved, the applicant could submit a building
permit application.
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.
Marie Darling
From:Daniel Lindsey <danlindsey3@gmail.com>
Sent:Tuesday, August 3, 2021 3:23 PM
To:Planning
Subject:Variance for 28115 Boulder Bridge Drive
We support the variance requested by Todd and April Bailey for an addition to their property located at 28115 Boulder
Bridge Drive.
We urge your approval of their request.
Thank you.
Daniel and Barbara Lindsey
28040 Boulder Bridge Dr.
30 year residents at this address
1
Marie Darling
From:Daly, John <John@revisionmn.com>
Sent:Tuesday, August 3, 2021 10:58 PM
To:Marie Darling
Subject:Fw: Bailey_variance set_2021.5.3 (2).pdf
Attachments:ATT00001.htm; Bailey_variance set_2021.5.3 (2).pdf
Marie
Below is the note from the association for Boulder Bridge Project.
Regards,
John Daly
153 Lake Street East Wayzata, MN 55391
o: 612.462.4000 | m: 952.540.7150
stonewood.com | revisionmn.com
Lic. #BC639027
From: Todd Bailey <tbailey@premierbiotech.com>
Sent: Tuesday, August 3, 2021 10:00 AM
To: Daly, John <John@revisionmn.com>; April S Bailey <aprilsbailey@gmail.com>
Subject: Fwd: Bailey_variance set_2021.5.3 (2).pdf
For tonight…
Thanks
Todd Bailey
Premier Biotech, Inc
612-817-5397
PremierBiotech.com
Begin forwarded message:
From: Tracy Johnson <twesseljohnson@gmail.com>
Date: August 2, 2021 at 5:30:54 PM EDT
To: Todd Bailey <tbailey@premierbiotech.com>
Cc: Ross Simpson <ross_simpson@hotmail.com>
Subject: Fwd: Bailey_variance set_2021.5.3 (2).pdf
1
Todd and April,
The Boulder Bridge Farm Architectural Review Committee has reviewed your proposed plans, including
your request for a variance. We approve the plans (as attached), with the exception of your request to
add a roof and enclosure for a golf cart (we need additional detail and review of that proposal).
Thanks,
Tracy Johnson
BBF ARC Chair
Begin forwarded message:
From: Todd Bailey <tbailey@premierbiotech.com>
Date: July 14, 2021 at 3:04:11 PM CDT
To: Tracy Johnson <twesseljohnson@gmail.com>
Subject: Bailey_variance set_2021.5.3 (2).pdf
--
The
information contained in this electronic transmission may contain
privileged and confidential information, including patient information
protected by federal and state privacy laws. This message and
accompanying
documents are covered by the Electronic Communications
Privacy Act, 18
U.S.C. 2510-2521, and contain information intended for
the specified
individual(s) only. This information is confidential. If
you are not the
intended recipient or an agent responsible for
delivering it to the
intended recipient, you are hereby notified that
you have received this
document in error and that any review,
dissemination, copying, or the
taking of any action based on the
contents of this information is strictly
prohibited. If you have
received this communication in error, please
notify us immediately by
e-mail, and delete the original message.
Thanks
Todd Bailey
Premier Biotech, Inc
2
LEGAL DESCRIPTION:
Lot 1, Block 3, BOULDER BRIDGE, Hennepin County, Minnesota.
SCOPE OF WORK & LIMITATIONS:
1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you
own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is
correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown.
2.Showing the location of observed existing improvements we deem necessary for the survey.
3.Setting survey markers or verifying existing survey markers to establish the corners of the property.
4.This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be
revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon.
5.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building.
6.Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction
over these requirements to verify they are correctly shown before proceeding with construction.
7.Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check
at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction.
8.While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are.
Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also,
we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this
survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning
construction or planning improvements to the property.
STANDARD SYMBOLS & CONVENTIONS:
"" Denotes iron survey marker, set, unless otherwise noted.
GRADING & EROSION CONTROL NOTES:
BEFORE DEMOLITION AND GRADING BEGIN
If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting
Install silt fence/bio roll around the perimeter of the construction area.
the site in the rock entrance areas
Sediment control measures must remain in place until final stabilization has been
Moisture shall be applied to disturbed areas to control dust as needed.
established and then shall be removed. Sediment controls may be removed to
accommodate short term construction activity but must be replaced before the nextPortable toilet facilities shall be placed on site for use by workers and shall be
rain.properly maintained.
Contractor shall install inlet protection on all existing storm sewer inlets inIf it becomes necessary to pump the excavation during construction, pump discharge
accordance with the city standard details. Inlet protection shall also be provided onshall be into the stockpile areas so that the double silt fence around these areas can
all proposed storm sewer inlets immediately following construction of the inlet.filter the water before it leaves the site.
Inlet protection must be installed in a manner that will not impound water for
Temporary erosion control shall be installed no later than 14 days after the site is
extended periods of time or in a manner that presents a hazard to vehicular or
first disturbed and shall consist of broadcast seeding with Minnesota Department of
pedestrian traffic.
Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spray
DURING CONSTRUCTION:mulch.
When dirt stockpiles have been created, a double row of silt fence shall be placed to
Erosion control measures shown on the erosion control plan are the absolute
prevent escape of sediment laden runoff and if the piles or other disturbed areas are
minimum. The contractor shall install temporary earth dikes, sediment traps or
to remain in place for more than 14 days, they shall be seeded with Minnesota
basins and additional silt fencing as deemed necessary to control erosion.
Department of Transportation Seed Mixture 22-111 at 100 lb/acre followed by
SITE WORK COMPLETION:
covering with spray mulch.
A dumpster shall be placed on the site for prompt disposal of construction debris.
City of Shorewood requirements to insure that
These dumpsters shall be serviced regularly to prevent overflowing and blowing
grading was properly done.
onto adjacent properties. Disposal of solid wastes from the site shall in accordance
B
When any remedial grading has been completed, sod or seeding shall be completed
with Minnesota Pollution Control Agency requirements.
including any erosion control blankets for steep areas.
o
A separate container shall be placed for disposal of hazardous waste. Hazardous
u
When turf is established, silt fence and inlet protection and other erosion control
wastes shall be disposed of in accordance with MPCA requirements.
l
devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned
d
Concrete truck washout shall be in the plastic lined ditch and dispose of washings as
as needed to deliver a site that is erosion resistant and clean.
e
solid waste.
r
Contractor shall maintain positive drainage of a minimum 2% slope away from
Sediment control devices shall be regularly inspected and after major rainfall events
proposed building.
and shall be cleaned and repaired as necessary to provide downstream protection.
B
Streets and other public ways shall be inspected daily and if litter or soils has been
r
i
deposited it shall promptly be removed.
d
g
e
LEGEND
D
r
i
v
e
NOT COUNTED IN HARDCOVERNOT COUNTED IN HARDCOVER
Cantilevers 77 Sq. Ft.Cantilevers 64 Sq. Ft.
Water in pool area 782 Sq. Ft.Water in pool area 782 Sq. Ft.
EXISTING HARDCOVERPROPOSED HARDCOVER
House 4,247 Sq. Ft.House 4,987 Sq. Ft.
Existing Decks 186 Sq. Ft.Existing Decks 171 Sq. Ft.
Paver Drive 2,102 Sq. Ft.Paver Drive 2,102 Sq. Ft.
Pavers Other 608 Sq. Ft.Pavers Other 521 Sq. Ft.
Shed 254 Sq. Ft.Shed 254 Sq. Ft.
Concrete Surfaces 1,358 Sq. Ft.Concrete Surfaces 1,358 Sq. Ft.
Stone Areas 258 Sq. Ft.Stone Areas 258 Sq. Ft.
Ret. Walls 247 Sq. Ft.Ret. Walls 250 Sq. Ft.
TOTAL EXISTING HARDCOVER 9,260 Sq. Ft.TOTAL PROPOSED HARDCOVER 9,901 Sq. Ft.
AREA OF LOT 36,321 Sq. Ft.AREA OF LOT 36,321 Sq. Ft.
PERCENTAGE OF HARDCOVER TO LOT 25.5%PERCENTAGE OF HARDCOVER TO LOT 27.2%
DRAWING ORIENTATION & SCALE
SHEET SIZE
CLIENT NAME / JOB ADDRESSSHEET TITLE
MAY 4, 2021
DATE SURVEYED:
SURVEYED BY
SHEET NO.
ADVANCE SURVEYING. & ENG., CO.
Joshua S. Rinke
DRAWING NUMBER
17917 Highway 7
## 52716
SCALE - 1" = 20'
MAY 25, 2021
DATE DRAFTED:
Minnetonka, Minnesota 55345
S1
LICENSE NO.
02040
Phone (952) 474-7964
MAY 25, 2021
Web: www.advsur.com
DATE SHEET 1 OF 1
RESOLUTION 2021-093
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE REAR YARD SETBACK FOR
PROPERTY LOCATED AT 28115 BOULDER BRIDGE DRIVE
WHEREAS, Revision, LLC., (the “Applicant”) proposes encroachments beyond the current
nonconforming footprint of the home on property legally described as:
Lot 1, Block 3, Boulder Bridge, Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow an addition to be 36.8 feet from
the rear property line where 50 feet is required; and
WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the August 3, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on August 3, 2021 to review the
application, the minutes of the meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on August 23,
2021, at which time the planning staff memorandum and the Planning Commission’s
recommendations were reviewed and comments were heard by the City Council from the
Applicant, staff and public.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in the Boulder Bridge PUD zoning district, which requires
all buildings to be set back 50 feet from the rear property line.
2. The existing home is considered legally non-conforming and is currently located as close
as about 30 feet to the rear property line.
3. Section 1201.03 Subd. 1, i. of the zoning regulations provides that a legal
nonconforming home may be expanded provided that the expansion does not increase the
nonconformity and complies with the height and setback requirements of the district in which it
is located.
4. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to
allow a process to deviate from the strict provision of the zoning regulations when there are
practical difficulties, and the action is the minimum to alleviate the practical difficulties.
6. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the circumstances unique to the property and not created
by the landowner.
7. The Applicant’s proposal is identified on the application materials and plans submitted
on June 25, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct an addition to be 36.8 feet from the rear yard,
based on the plans and materials submitted June 25, 2021.
B. The City Council specifically finds that the Applicant’s request for the variance is
consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates
practical difficulties based on the original nonconforming construction of the home and would be
the minimum request to alleviate the practical difficulties. Additionally, that the improvements
proposed would not inappropriately impact the area, public welfare or other lands/improvements
in the area.
C. The variance shall expire one year after approval unless the applicant has completed
the project or an extension has been requested in accordance with Section 1201.05 Subd. 3 of
City Code.
D. The City Clerk is hereby authorized and directed to provide a certified copy of this
resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
rd
this 23 day of August, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-094
A RESOLUTION TO AWARD CONTRACT
FOR THE 2021 CATCH BASIN AND CULVERT REPAIR PROJECT,
CITY PROJECT 21-03
WHEREAS, quotes for the 2021 Catch Basin and Culvert Repairs Project were received
on August 17, 2021 opened and tabulated according to law, with the following quotes
received:
Bid Amount Bid Amount
Contractor Part 1+2+3+4+5 Part 1+2+3+4+5+Alt 1
Minger Construction $87,052.50 $119,242.50
G.F. Jedlicki $94,355.00 $125,335.00
Schneider Excavating $98,680.00 $131,240.00
Northwest Asphalt $100,282.00 $131,764.50
WHEREAS, City staff recommends award of Parts 1+2+3+4+5 which include work on
Howards Point Road, Noble Road, Bracketts Road, and Galpin Lake Road; and
WHEREAS, Minger Construction Companies, Inc. is the lowest responsible bidder; and
WHEREAS, Minger Construction Companies, Inc. is a responsible and responsive
contractor, that has completed projects of similar size and scope successfully;
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereby authorized and directed to enter into a contract with Minger Construction
Companies, Inc. based on the lowest bid amount for Parts 1+2+3+4+5 in the amount of
$87,052.50 in the name of the City of Shorewood for the 2021 Catch Basin and Culvert
Repairs Project according to the plans and specifications on file in the office of the City
Clerk.
rd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of
August, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-095
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
COVINGTON ROAD WATERMAIN IMPROVEMENTS, 21-07;
WHEREAS, pursuant to an advertisement for bids for the Covington Watermain
Improvements project, bids were received on August 17, 2021, opened and tabulated
according to law, with the following bids received and complying with the advertisement:
Alternate 2 + 3
Alternate 1 + 3
Contractor (Directional
(Pipe Bursting)
Drilling)
G.F. Jedlicki, Inc $297,795.00 $350,615.00
GM Contracting, Inc $288,562.55 -
Pember Companies - $323,886.20
Northdale Construction Company, Inc. $349,630.57 $356,055.025
Geislinger & Sons $322,430.00 -
WHEREAS, Alternate 1 plus Alternate 3, using the pipe bursting method, is the lowest
overall bid for the project; and
WHEREAS, GM Contracting, Inc. is the lowest responsible bidder; and
WHEREAS, GM Contracting, Inc. is a responsible and responsive contractor, that has
completed projects of similar size and scope successfully; and
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereby authorized and directed to enter into a contract with GM Contracting, Inc., based
on the lowest bid amount in the name of the City of Shorewood for the Covington Road
Watermain Improvement Project according to the plans and specifications therefore
approved by the City Council and on file in the office of the City Clerk.
rd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of
August 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-096
A RESOLUTION TO AWARD CONTRACT
FOR THE LAKE LINDEN CULVERT REPAIR PROJECT,
CITY PROJECT 21-03
WHEREAS, quotes for Cast In Place Pipe (CIPP) for the Lake Linden Culvert Repairs
Project were received on August 6, 2021 opened and tabulated with the following
quotes received:
Contractor Quote Amount
Veit Construction $16,600.00
Insituform $18,020.00
WHEREAS, Veit Construction. is the lowest responsible bidder;
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereby authorized and directed to enter into a contract with Veit Construction based on
the lowest quote amount of $16,600.00 in the name of the City of Shorewood for the
Lake Linden Culvert Repair Project according to the plans and specifications on file in
the office of the City Clerk.
rd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of
August, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
9A
Title/Subject: Approve Prosecutor Contract with Campbell Knutson
Meeting Date: August 23, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Attachments: Proposed prosecutor contract with Campbell Knutson
Background: On July 15, the City Council selected the firm Campbell Knutson to be
the city’s new prosecuting firm and directed staff to work with the firm to develop a
contract for City Council consideration. Attached please find a draft contract.
Recommended Action: The contract has been reviewed and staff recommends
passage as presented. In addition, the city will need to provide notice to the current
prosecutor, Ken Potts. Past contracts with Mr. Potts have provided a 30-day notice to
terminate the contract. Included in the attached Resolution approving the contract, staff
has included a notice provision to provide notice to the current prosecutor that the
current contract will expire on September 30, 2021. Staff recommends approval of the
attached Resolution.
Next Steps and Timeline: Staff will provide notice of the council’s decision to both
firms.
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
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SHOREWOOD AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, effective _______________, 2021, is by and between the CITY OF
SHOREWOOD, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON,
Professional Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. SERVICES AND RELATIONSHIP.
A. The Attorney shall furnish and perform Prosecution Services for the City, as
more fully described in the scope of services attached as Exhibit A.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. TERM.
A. The Attorney shall serve at the pleasure of the City Council, and this
Agreement may be terminated without cause by resolution of the City Council.
B. The Attorney may terminate this Agreement at any time, provided that the
Attorney shall give the City sixty (60) days written notice before the termination becomes effective.
3. COMPENSATION.
A. Prosecution Services: An annual cap for all Prosecution Services of
$30,000.00. Actual legal fees incurred for Prosecution Services will be billed monthly at the
following hourly rates:
Attorneys $ 120.00
Legal Assistants/Law Clerks $ 90.00
Legal fees for Prosecution Services shall not exceed the annual cap.
216769v1
1
B. Forfeitures Related to DWI Designated Offenses: On a vehicle forfeiture we
handle, we will receive thirty (30%) percent of the proceeds from the sale of the forfeited vehicle,
after payment of seizure, towing, storage, forfeiture and sale expenses, and satisfaction of valid liens
against the vehicle, pursuant to Minn. Stat. § 169A.63, subd. 10.
C. Additional Prosecution Related Services: Legal Fees for Additional
Prosecution Related Services are not included in Prosecution Services, and will only be furnished at
the specific request of the City. The following are Additional Prosecution Related Services:
(1) Criminal appeals whether initiated by the State or the Defendant.
(2) Criminal records expungements.
(3) Matters relating to the South Lake Minnetonka Police Department’s
issuance of firearms permits.
(4) Administrative citations or prosecution of zoning or other ordinance
violations initiated by any City department other than the South Lake
Minnetonka Police Department.
(5) Dangerous or potentially dangerous dog administrative or criminal
proceedings.
(6) Matters relating to the Minnesota Government Data Practices Act.
Legal fees for Additional Prosecution Related Services will be billed monthly at the
following hourly rates:
Attorneys $ 150.00
Legal Assistants/Law Clerks $ 100.00
D. Monthly Statements: Attorney will send City a detailed monthly billing
statement of the actual hours incurred in providing Prosecution Services and Additional Prosecution
Related Services. The billing increment is .1 hour with a minimum of .2.
E. Costs: Out-of-pocket costs without mark-up include:
Lexis research (only if used for Shorewood matters)
photocopies at 20¢ per page
color photocopies at 40¢ per page
postage of 50¢ or more
court related costs (court filing fees, expert witnesses (with prior consent
of City), subpoenas, service of process, court reporter fees)
conflict attorneys’ fees and costs
216769v1
2
F. Payments: Payments for legal services provided the City shall be made in the
manner provided by law. The City will normally pay for services within thirty (30) days of receipt of
a statement for services rendered.
4. INSURANCE. The Attorney will purchase and maintain insurance to protect
Attorney against claims for legal malpractice with policy limits of two million dollars per claim and
five million dollars aggregate.
5. MISCELLANEOUS.
A. Annual Presentation to the City Council. Upon request of the City, the
Attorney will provide the City Council with an annual presentation on prosecution activity and
updates. The Attorney will provide other reports upon request.
B. Governing Law. This Agreement shall be governed by the laws of the State
of Minnesota.
C. Assignment. The Attorney may not assign or refer any of the legal services to
be performed hereunder without the written consent of the Shorewood City Council.
D. Effective Date. This Agreement shall become effective upon its execution by
the City and the Attorney. This Agreement shall not be modified or amended without the approval in
writing of the Shorewood City Council.
Remainder of page intentionally left blank.
Signature page follows.
216769v1
3
Dated: ______________, 2021. CITY OF SHOREWOOD
By: __________________________________
Jennifer Labadie, Mayor
And: _________________________________
Sandie Thone, Clerk
Dated: ______________, 2021. CAMPBELL KNUTSON
Professional Association
By: __________________________________
Elliott B. Knetsch, Vice President
216769v1
4
EXHIBIT A
TO
AGREEMENT FOR LEGAL SERVICES
S COPE OF P ROSECUTION S ERVICES
The Campbell Knutson prosecution team has a recognized excellence in delivering high quality
prosecution services. Our prosecution team will provide Shorewood with the following:
General Criminal Prosecution. Campbell Knutson’s prosecution team will handle Shorewood’s
non-felony cases from start to finish. This includes reviewing for charging, drafting formal
complaints, all discovery, any pretrial motions, preparation of all notices as required by the
Minnesota Rules of Criminal Procedure, all pretrial hearings, and any jury or court trial. We will
handle any case initiated by the South Lake Minnetonka Police Department, the Hennepin County
Sheriff’s Office, the Minnesota State Patrol, the Department of Natural Resources, or any other
law enforcement agency where the jurisdiction is the City of Shorewood.
Briefings/Officer Training/Ride-Alongs. Our representation will include our attorneys attending
roll-call briefings with officers. We will provide training geared towards new officers but open to
all officers three or four times per year. Due to the strong rapport we develop with officers, we are
able to educate, inform, and mentor officers, and on occasion offer coaching, especially to new
officers, to improve their performance and enhance public safety. Our prosecutors participate in
ride-alongs with officers to help understand our client’s culture and practices, to gain insight into
local and distinctive patrol procedures, and to increase communication with the officers.
Legislative/Case Law Updates. We are committed to providing timely updates to our clients
about the important state and federal changes that impact the criminal law and the provision of
day-to-day police services, whether the changes arise from new legislation, executive mandates,
or judicial decisions. We provide an annual Minnesota Criminal Law Legislative Update.
Availability/Response Time. We take extreme pride in client service. Command staff and officers
are always able to reach us, day or night. Communication is the touchstone of a strong relationship.
Our prosecutors’ cell phone numbers are distributed to all staff. Officers routinely call our
prosecutors after normal business hours with questions in the field, and on weekends particularly
with respect to the 48-hour hold rule. We are available 24/7 to serve the City’s needs.
216769v1
5
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21- 097
A RESOLUTION APPROVING CONTRACT WITH THE FIRM CAMPBELL KNUTSON
TO PROVIDE PROSECUTION SERVICES TO THE CITY
WHEREAS, the City of Council approved appointing the firm Campbell Knutson to
serve as the city prosecutor; and,
WHEREAS, a draft contract has been reviewed and found consistent with the proposal
received in response to the city’s Request for Proposal for Prosecution Services,
NOW THEREFORE BE IT RESOLVED by the Shorewood City Council that:
1. The City Council hereby approves the contract as presented and
authorizes the Mayor and City Clerk to sign on behalf of the city. The
contract shall become effective 12:00 a.m., October 1, 2021.
2. Staff is directed to provide notice of termination of the contract with the
current prosecutor, effective 11:59 p.m., September 30, 2021.
rd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 day of August
2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
9B
Title/Subject: Approve JPA with Bureau of Criminal Apprehension for
City Prosecutor, Campbell Knutson
Meeting Date: August 23, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Attachments: Proposed JPA, Court Data Services Subscriber
Amendment to CHDN Subscriber Agreement, Resolution
Background: Shorewood’s new prosecuting attorneys at Campbell Knutson, P.A., are
coordinating the renewal of the City’s Joint Powers Agreement (JPA) with the State of
Minnesota, Department of Public Safety, Bureau of Criminal Apprehension on behalf of the
Prosecuting Attorney. The Joint Powers Agreement allows the city prosecutor access to
systems and tools available over the DPS Criminal Justice Data Communications Network (e-
charging; computerized criminal histories; etc.). Due to the transition of city prosecution
services to Campbell Knutson, P.A., the Joint Powers Agreement needs to be renewed for
Campbell Knutson to have continued access to these critical systems on behalf of the City
The JPA also requires a separate Court Data Services Subscriber Amendment (“Court
Amendment”), which needs to be executed as well (attached). This amendment allows access
to certain BCA systems and tools related to access and submission of court records utilized by
the city prosecutor, such as MNCIS (Minnesota Court Information System), and Odyssey (a
statewide court management database system).
Financial or Budget Considerations: The costs referenced in the proposed Resolution
(referring to Paragraph 3 of the JPA, and Paragraph 13 of the Courts Amendment) are billed
directly to Campbell Knutson. There is a $150.00 per quarter fee for our access to BCA data on
behalf of the City. This prosecution cost is billed back to the City, however it is equally divided
between all ten cities for which Campbell Knutson prosecutes, for a total of $15.00 per quarter,
or $60.00 per year, for the City of Shorewood.
Recommended Action: Staff recommends approval of both agreements by adopting
Resolution 21-098.
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
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the
State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, (“BCA”) and the City of Shorewood on behalf of its Prosecuting Attorney
(“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court
Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any
legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 198056, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA
systems and tools to access and/or submit Court Records to assist the Agency in the efficient
performance of its duties as required or authorized by law or court rule. Court desires to permit
such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for
Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”)
between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on
behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in effect
until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as
provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a
later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15
through 24 shall survive any termination of this Subscriber Amendment as shall any other
provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall have
the meaning assigned to such term in the CJDN Subscriber Agreement.
1
a. “Authorized Court Data Services” means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an
Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and
the BCA.
b. “Court Data Services” means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the
current address is www.courts.state.mn.us) or other location designated by the Court, as the
same may be amended from time to time by the Court.
c. “Court Records” means all information in any form made available by the
Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. “Court Case Information” means any information in the Court Records
that conveys information about a particular case or controversy, including
without limitation Court Confidential Case Information, as defined
herein.
ii. “Court Confidential Case Information” means any information in the
Court Records that is inaccessible to the public pursuant to the Rules of
Public Access and that conveys information about a particular case or
controversy.
iii. “Court Confidential Security and Activation Information” means any
information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services user
manuals, Court Data Services Programs, Court Data Services Databases,
and other technical information.
iv. “Court Confidential Information” means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation
Information.
d. “DCA” shall mean the district courts of the state of Minnesota and their
respective staff.
e. “Policies & Notices” means the policies and notices published by the Court
in connection with each of its Court Data Services, on a website or other location designated
by the Court, as the same may be amended from time to time by the Court. Policies &
Notices for each Authorized Court Data Service identified in an approved request form
under section 3, below, are hereby made part of this Subscriber Amendment by this
reference and provide additional terms and conditions that govern Subscriber’s use of Court
Records accessed through such services, including but not limited to provisions on access
and use limitations.
2
f. “Rules of Public Access” means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from time
to time by the Court entitled Limits on Public Access to Case Records or Limits on Public
Access to Administrative Records, all of which by this reference are made a part of this
Subscriber Amendment. It is the obligation of Subscriber to check from time to time for
updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated
that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for
which the current address is www.courts.state.mn.us.
g. “Court” shall mean the State of Minnesota, State Court Administrator's
Office.
h. “Subscriber” shall mean the Agency.
i. “Subscriber Records” means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or
more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the
same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of the
BCA and/or the Court.
c. Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data Services
previously requested by submitting a notice to Court with a copy to the BCA. Promptly
upon receipt of a request for termination of an Authorized Court Data Service, the BCA will
deactivate the service requested. The termination of one or more Authorized Court Data
Services does not terminate this Subscriber Amendment. Provisions for termination of this
Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court
Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)
hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to
and/or submission of the Court Records shall be limited to Authorized Court Data Services
identified in an approved request form under section 3, above, and other Court Records necessary
for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be
used according to the instructions provided in corresponding Policies & Notices or other materials
and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties
3
required or authorized by law or court rule in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory
body. Subscriber’s access to the Court Records for personal or non-official use is prohibited.
Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set
forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services
documentation, and upon any such unauthorized use or attempted use the Court may immediately
terminate this Subscriber Amendment without prior notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber’s duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber’s obligations under this Subscriber Amendment.
c. To limit the use of and access to Court Confidential Information to
Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of
this Subscriber Amendment, and to advise each individual who is permitted use of and/or
access to any Court Confidential Information of the restrictions upon disclosure and use
contained in this Subscriber Amendment, requiring each individual who is permitted use of
and/or access to Court Confidential Information to acknowledge in writing that the
individual has read and understands such restrictions. Subscriber shall keep such
acknowledgements on file for one year following termination of the Subscriber Amendment
and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with
access to, and copies of, such acknowledgements upon request. For purposes of this
Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are
employees of Subscriber or provide services to Subscriber either on a voluntary basis or as
independent contractors with Subscriber.
d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality and
security of Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their relationship
with Subscriber.
e. That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber
Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are
founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
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7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court Records.
Court reserves the right to make modifications to the Authorized Court Data Services, Court Data
Services Programs, and Court Data Services Databases, and related materials without notice to
Subscriber. These modifications shall be treated in all respects as their previous counterparts.
a. Court Data Services Programs. Court is the copyright owner and licensor
of the Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the Court
Data Services Programs, including but not limited to manuals, user documentation, and
passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court is the copyright owner and licensor
of the Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services Databases
and their structure, sequence and organization, including without limitation data schemas
such as the Court XML Schema, are trade secret information of Court and its licensors.
c. Marks. Subscriber shall neither have nor claim any right, title, or interest in
or use of any trademark used in connection with Authorized Court Data Services, including
but not limited to the marks “MNCIS” and “Odyssey.”
d. Restrictions on Duplication, Disclosure, and Use. Trade secret information
of Court and its licensors will be treated by Subscriber in the same manner as Court
Confidential Information. In addition, Subscriber will not copy any part of the Court Data
Services Programs or Court Data Services Databases, or reverse engineer or otherwise
attempt to discern the source code of the Court Data Services Programs or Court Data
Services Databases, or use any trademark of Court or its licensors, in any way or for any
purpose not specifically and expressly authorized by this Subscriber Amendment. As used
herein, "trade secret information of Court and its licensors" means any information
possessed by Court which derives independent economic value from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use. "Trade secret information of Court and its
licensors" does not, however, include information which was known to Subscriber prior to
Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors,
information which is independently developed by Subscriber without reference to or use of
information received from Court or its licensors, or information which would not qualify as
a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d,
for Subscriber to make up to one copy of training materials and configuration
documentation, if any, for each individual authorized to access, use, or configure Authorized
Court Data Services, solely for its own use in connection with this Subscriber Amendment.
Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and
trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel
who are permitted access to any of the Court Data Services Programs and Court Data
Services Databases, and trade secret information of Court and its licensors, of the
restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
5
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if any,
and Subscriber will include in and/or on any copy of the Court Data Services Programs or
Court Data Services Databases, or trade secret information of Court and its licensors and any
documents pertaining thereto, the same copyright and other proprietary notices as appear on
the copies made available to Subscriber by Court directly or through the BCA, except that
copyright notices shall be updated and other proprietary notices added as may be
appropriate.
f. Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any, made
available by the Court to Subscriber directly or through the BCA and all copies, including
partial copies, thereof are and remain the property of the respective licensor. Except as
expressly provided in section 12.b., within ten days of the effective date of termination of
this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
request for termination of Authorized Court Data Service as described in section 4,
Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
Data Services Programs and Court Data Services Databases, and related documentation,
including but not limited to training and configuration materials, if any, and logon account
information, if any; or (2) destroy the same and certify in writing to the Court that the same
have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s
licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not
have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be
entitled to an injunction or any appropriate decree of specific performance for any actual or
threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not
afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA
for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any
relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of any others and the results thereof.
Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958.
6
10. AVAILABILITY. Specific terms of availability shall be established by the Court
and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to
terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s
Authorized Court Data Services in the event the capacity of any host computer system or legislative
appropriation of funds is determined solely by the Court to be insufficient to meet the computer
needs of the courts served by the host computer system.
11. \[reserved\]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in
this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber’s
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to and
use of Authorized Court Data Services and Court Records by Subscriber’s bona fide
personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber
has knowledge of or authorizes such access and use. Subscriber shall also maintain a log
identifying all persons to whom Subscriber has disclosed its Court Confidential Security and
Activation Information, such as user ID(s) and password(s), including the date of such
disclosure. Subscriber shall maintain such logs for a minimum period of six years from the
date of disclosure, and shall provide the Court with access to, and copies of, such logs upon
request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court
Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain
such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs,
the Court may terminate this Subscriber Amendment without prior notice to Subscriber.
c. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential Information,
or trade secret information of the Court and its licensors where such persons are alleged to
have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial
Branch policies, or other security requirements or laws regulating access to the Court
Records.
d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota
Government entity that is subject to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision
4(e) requires that Subscriber comply with the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court for access to Court Records provided via the
7
BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth
in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable
monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of
this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies &
Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a
monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment
of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of
the date of the invoice, the Court may immediately cancel this Subscriber Amendment without
notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have
been appropriated for the payment of charges under this Subscriber Amendment for the current
fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies
& Notices as provided herein, and the modified fees shall be effective on the date specified in the
Policies & Notices, which shall not be less than thirty days from the publication of the Policies &
Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber
Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications to
Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
8
hereunder shall be deemed to have been received when personally delivered in writing or seventy-
two (72) hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of this
Agreement or at such other address of which notice has been given in accordance herewith.
18. NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver of such provision,
remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of
any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the
instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure
or delay in the performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, including any other legal entity into,
by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal
court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits
itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions of
the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Subscriber Amendment in duplicate, intending to be bound thereby.
9
1. SUBSCRIBER (AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY,
BUREAU OF CRIMINAL APPREHENSION
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
Name: ____________________________________________
(PRINTED)
such as an opinion of counsel or resolution.
Signed: ___________________________________________
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: _____________________________________________
(with delegated authority)
Date: _____________________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Name: _______________________________________
Date: _____________________________________________
(PRINTED)
Signed: _______________________________________
4. COURTS
Authority granted to Bureau of Criminal Apprehension
Title: ________________________________________
Name: ____________________________________________
(with delegated authority)
(PRINTED)
Date: ________________________________________
Signed: ___________________________________________
Title: _____________________________________________
(with authorized authority)
Date: _____________________________________________
10
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-098
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE CITY OF SHOREWOOD ON BEHALF OF ITS CITY
ATTORNEY
WHEREAS, the City of Shorewood, on behalf of its Prosecuting Attorney, desires to enter into
Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of
Criminal Apprehension to use systems and tools available over the State’s criminal justice data
communications network for which the City is eligible. The Joint Powers Agreements further
provide the City with the ability to add, modify and delete connectivity, systems, and tools over
the five-year life of the agreement and obligates the City to pay the costs for the network
connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Shorewood, Minnesota as
follows:
1. That the State of Minnesota Joint Powers Agreement by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension, and the City of Shorewood on behalf of its Prosecuting Attorney is hereby
approved.
2. The Court Data Services Subscriber Amendment to the CJDN Subscriber Agreement is
here by approved.
3. That Assistant City Attorney, Henry A. Schaeffer, or his or her successor, is designated
the Authorized Representative for the Prosecuting Attorney. The Authorized
Representative is also authorized to sign any subsequent amendment or agreement that
may be required by the State of Minnesota to maintain the City’s connection to the
systems and tools offered by the State.
4. That Jennifer Labadie the Mayor for the City of Shorewood, and Sandie Thone, the City
Clerk, are authorized to sign the State of Minnesota Joint Powers Agreement.
rd
Adopted by the Council on this 23 day of August 2021.
_________________________________
Mayor Jennifer Labadie
ATTEST
___________________________________
Sandie Thone, City Clerk