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11-22-21 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 22, 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 Regular Meeting Minutes of November 8, 2021 Minutes B. Approval of the Verified Claims List Claims List C. Approval of the Recording Secretary Service Agreement City Clerk/HR Director Memo Resolution 21-135 D. Approval of the Retail Liquor License for Jim’s Liquor City Clerk/HR Director Memo Resolution 21-136 E. Approval of Consulting Planner Service Agreement Planning Director Memo Resolution 21-137 F. Approval of Assessment Agreements for Water Connections Finance Director Memo Resolution 21-138 G. Approve Quote and Award Contract for Installation Director of Public Works Memo of Water Services on Lawtonka Drive Resolution 21-139 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, be concise and courteous and please limit your comments to three minutes. 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 Hirner on 10-26-21 Park Minutes Commission Meeting 7. PLANNING A. Report by Commissioner Riedel on 11-16-21 Planning Commission Meeting B. Minor Subdivision and Variance Planning Director Memo Applicant: Zender Homes Resolution 21-140 Location: 24835 Yellowstone Trail C. Variance to Minimum House Width Planning Director Memo Applicant: Ben and Meghan Becker Resolution 21-141 Location: 6180 Cathcart D. Urban Farm Animal Discussion Planning Director Memo 8. ENGINEERING/PUBLIC WORKS A. Authorize Preparation of Plans and Specifications for 2022 Mill and Engineer Memo Overlay, City Project 21-11 Resolution 21-142 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Twins Community Funds Grant Park and Rec Director Memo 2. Update on Request for Nonconforming Dock Planning Director Memo B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 8, 2021 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, and Callies; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Johnson moved, Gorham seconded, approving the agenda as presented. All in favor. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Johnson expressed his appreciation to Sam Larson for undertaking his Eagle Scout project in the City. Johnson moved, Callies seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of October 25, 2021 B. City Council Regular Meeting Minutes of October 25, 2021 C. Approval of the Verified Claims List D. Approval of Assessment Agreements for Water Connections, Adopting RESOLUTION NO. 21-128, “A Resolution Certifying Special Assessments on the 2022 Hennepin County Property Tax Rolls.” E. Approval of Summary Publication for Ordinance 584, Adopting RESOLUTION NO. 21-127, “A Resolution Approving the Publication of Ordinance 584 Regarding City Code Ordinance Amendments Related to Commercial Animal Breeders.” CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 2 of 12 F. Accept Donation of Compost Bin from Sam Larson, Eagle Scout Candidate, Adopting RESOLUTION NO. 21-129, “A Resolution Accepting a Donation for Installation of a Compost Bin for Freeman Park Community Park.” G. Accept Construction Improvements and Authorize Final Payment for the Echo Road Storm Sewer Improvements, Adopting RESOLUTION 21-130, “A Resolution Accepting Improvements and Authorizing Final Payment for The Echo Road Storm Sewer Improvements.” H. Accept Constructed Improvements and Authorize Final Payment for the Smithtown Road Storm Structure Repair, Adopting RESOLUTION 21-131, “ A Resolution Accepting Improvements and Authorizing Final Payment for The Smithtown Road Storm Structure Repair.” All in favor. Motion passed. 3. MATTERS FROM THE FLOOR Kelly Rogers, 20960 Radisson Road, distributed packets of information to the Council and explained that she had heard that the Council may grandfather Mayor Labadie’s dock. She stated that she wanted to clarify information in an e-mail sent by the City regarding a dock on an easement next to 21035 Radisson Road. She noted that the e-mail stated that there were not grandfathering rights to use the dock on Christmas Lake, and it could not be addressed through Conditional Use or variance process. She stated that she has seen the City grant variances in the past and would like to see documentation on why grandfathering or a variance would not be considered in this case. She stated that the dock has been maintained on this easement for over fifty years and because the shoreline is shallow and muddy, it is the only way to provide an outlet to the lake. She noted that the easement was established in 1948 which states that it was to provide outlet for premises lying northerly of said road to Christmas Lake and explained that she highlighted this in the packet she distributed to the Council. She explained that she had also included aerial photos and letters from residents from the area and noted that this land was undeveloped until 1987 even though the easement was put into place in 1948. She stated that she had included information on a similar easement case from Lot 11 on Radisson Road that was successful at both Appellate and District Court levels. She reiterated that she looked forward to receiving the pertinent documents or notification of consideration for grandfathering in this dock. Mayor Labadie asked if staff would be able to review Ms. Rogers concerns and bring information back to the Council for the next meeting. Planning Director Darling confirmed that staff will review the situation prior to the next Council meeting. City Attorney Keane noted that information requested through the Data Practices Act must be submitted in writing and asked that Ms. Rogers submit her request in that manner. Kris Sanschagrin, 27725 Island View Road, stated that she was aware of the three minute rule and would appreciate it if she was not interrupted during her time on the floor. She read aloud a statement concern the responsibilities of the Council and other elected officials and her reasons for questioning the leadership within the Minnetonka School Board. She gave the examples of both the City and the School Board appointing a new member rather than hold a special election. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 3 of 12 She stated that both of these situations are examples of why citizens are losing faith in the democracy and noted that these types of micro-inequities cause mistrust and suspicion. She stated that these actions trickle down to the young people in the community and impact their perception of what is right and what is wrong. She explained that the citizens are expecting another strike against the trust they have in the Council’s leadership because of the item on tonight’s agenda related to Mayor Labadie’s dock. She stated that Mayor Labadie received two notifications that her dock did not meet the requirements of City Code and instead of complying, she has filed for an extension of time from the very City Council that she leads. She suggested that it should be the Mayor and the City Council who have the strictest compliance with City Codes. She reiterated that this is just another example of why citizens lose faith in institutions because when leaders take the position that rules apply to others and not themselves, the trust is torn down. Pat Arnts, 5480 Teal Circle, explained that she had lived in this location for forty-four years and in that time, served eight years on the Park Commission, with six of those years as Chairperson, and also spent three years serving on the Planning Commission. She noted that she had served on several other advisory committees and was also a candidate for mayor. She gave a brief overview of her professional background working with regional and national land use professionals in both public and private sectors. She stated that for tonight, she would like to focus on communication and how the average citizen can communicate with the City Council. She explained that citizens are given three minutes at the podium and noted that from what she has observed over the years, citizen comments come to the City in this manner to simply die. She noted that Mayor Labadie has recommended that citizens log complaints via SeeClickFix, however SeeClickFix has many issues that involve infrastructure failure or blatant code violations on City property. She stated that the comments given via SeeClickFix were acknowledged by vague, open-ended responses and seemed to do nothing to inform, educate, or enforce, nor was their follow up or closure. She stated that she has e-mailed the City and gotten no response and then, shortly thereafter, watched the Council discuss their fear of responding to resident e-mails and made plans to revisit the topic at their retreat where they could develop a process for handling resident communications. She noted that at this same meeting, the Council had a lengthy discussion about Zoom where they showed concern and semi-reluctance to continue using Zoom. She stated that she understands that the City is providing a Zoom link for meetings, however, all the interactive features seem to be disabled. She noted that sometimes the link does not work at all, and explained that it was glitching for the last meeting. She asked if a process was developed at their retreat for how the Council will deal with communication with the residents of Shorewood. She stated that she would love to see if they found a process that is consistent, timely, transparent, and accountable to the mission and vision of the City. Councilmember Siakel noted that the Council retreat has not yet happened and is scheduled for later this month. Mayor Labadie asked Public Works Director Brown to respond to the issues raised with regard to responses from SeeClickFix. Public Works Director Brown agreed that there are a number of issues that are out there with SeeClickFix but explained that Public Works is constrained by weather and some things like street sweeping and flushing needs to be done before the freeze. He agreed that they are behind in addressing some things, but are trying to attack them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 4 of 12 City Administrator Lerud agreed that the Zoom link has been glitching and explained that it was much easier when it was done completely through Zoom rather a combination of Zoom and the in person meetings. He stated he thinks they have been able to work out the bugs of integrating Zoom with the recordings and asked citizens to let the City know if there continued to be problems. Mayor Labadie noted that it appears as though there is one resident attending via Zoom that has their hand raised for Matters from the Floor. Alan Yelsey, 26335 Peach Circle, read aloud from the Bill of Rights for the State of Minnesota. He stated that he thinks it is time that the local government be reformed for the public good. He stated that constructive criticism and reform of the government is not disrespectful. He shared examples of how he felt the City had been disrespectful and violated civil rights and State law to, for example, treat citizen differently in public forums, prosecute certain ordinance violations and not others, and haphazardly enforcing ordinances. He stated that he feels it is disrespectful and an illegal conflict for the City Council and staff to become an appeals judge and jury regarding Mayor Labadie’s long-standing violation of the City dock ordinances. He thanked City Clerk Thone for showing enough integrity to cite Mayor Labadie on this violation. He stated that, in his opinion, the Council and staff should not be ruling on that matter and it should immediately be referred to an independent arbitration panel for an investigation of civil rights, conflict of interest, and discrimination violations. He expressed his opinion that the situation surrounding Shorewood Ponds was not done accurately and with full disclosures of all information. He stated that this, to him, is a three million dollar, ill-considered project and demands further, multi-city public hearings as well as an independent engineering review. He asked the Council to ‘look in the mirror’ because he feels they are the ones who are being disrespectful to the citizens and not the other way around. 4. PUBLIC HEARING A. Unpaid Bill Assessment Hearing Finance Director Rigdon explained that public hearing is an annual process for the City that certifies the delinquent utility bill accounts. He explained that essentially, residents have until the end of November to pay the bills. Councilmember Gorham stated that he had not participated in this type of public hearing in the past and asked if the amount of unpaid utility bills was larger than in years past. Finance Director Rigdon stated that it was actually down a bit from last year. Councilmember Gorham asked how many individuals typically go pay their outstanding bills following the certification. Finance Director Rigdon noted that the City will not get very many payments in and explained that many times it is the same properties that lag in their payments year after year. Councilmember Callies clarified that this public hearing is to allow individuals to state their objections. Mayor Labadie opened the public hearing. There being no comments, she closed the public hearing at 7:23 p.m. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 5 of 12 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING A. Comprehensive Plan 2040 – Amendments to Land Use Map Planning Director Darling gave a brief overview of the proposed options for amendments to the City’s Land Use map to address the direction given by the Metropolitan Council. Mayor Labadie noted that this item was discussed at the last meeting, however only three Councilmembers were present, so they could not take action on this item. She stated that she assumed those Councilmembers have had time to review the meeting and the packet of information from the meeting they had missed. She opened the floor for questions from the Council on this item. Councilmember Callies stated that she was able to listen to the meeting and commended the detailed responses Planning Director Darling gave to the public comments because she felt that was very helpful. She stated that the City had received a recent e-mail from Mr. Lingo regarding his property where he commented that the site would not allow for the density required by the Met Council. Planning Director Darling stated that if the parcel was re-guided for high density, and it was proposed for redevelopment in the future, they would have to show the City how many units they could provide for on that property, within the approved density range. Councilmember Callies stated that in looking through the packet it appears as though this has been looked into since 2020 and asked if staff had considered other areas of the City that could be used for higher density and this is what seemed most appropriate. Planning Director Darling confirmed that this was correct. Councilmember Johnson asked about Option 1 to keep all three properties as commercial and include text in the Plan that high density could be considered as an option in the future. He asked how likely it would be that Met Council would accept that as a final Comprehensive Plan or if they would just kick it right back to the City. Planning Director Darling stated that as long as the City meets their required numbers, she feels they would accept that text in a final Plan. Councilmember Callies stated that this is a difficult situation for a City like Shorewood that is already built out. She stated that, in principal, there should be the opportunity for high density in portions of the City. She stated that the particular sites that have been investigated seem appropriate at this time, but also realizes that it is nothing that will occur immediately and is theoretical. Mayor Labadie noted that although this was not a public hearing, she would like to give the opportunity to speak to anyone who may be interested. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 6 of 12 Tom Lingo, 23445 Smithtown Road, The Garden Patch, stated that the Council asked at the last meeting what other ways there may be to solve the problem of finding more affordable housing. He stated that one good way, in his opinion, is to allow homeowners with large lots to subdivide and allow a smaller parcel to be the subdivision. He stated that many people in the City have large lots, but not large enough for two full lots and would like to do this for income and reduction of maintenance. He stated that by 2040, the City would have the number of units built that are affordable and would satisfy the Met Council requirements. He stated that there would also be no need to take commercial property that helps keep Shorewood balanced. Guy Sanschagrin, 27725 Island View Road, stated that when this issue is discussed, there are always discussions about the funding that the Met Council will be providing for the City. He asked how much funding they are talking about and what would happen if the City decided to simply do what is right for the citizens of Shorewood. He stated that he wanted to know why the City was letting the Met Council drive its policies. He stated that he would like the City to push back and asked if the City really needed the money the Met Council was holding hostage for the City’s budget. He asked that the City do a cost-benefit analysis of increasing density as required by the Met Council. Councilmember Gorham stated that Mr. Sanschagrin brings up an interesting point, but noted that the Met Council is guiding regional planning and there is value in having an increase in density and diversity of housing stock. He stated that he thinks the proposal before the City Council is walking a fine line between allowing growth and also keeping the non-conforming uses. He stated that he does not feel as though the City is being held hostage by the Met Council and is considering the regional planning, density, and housing diversity. Mr. Sanschagrin stated that Councilmember Gorham makes great points, but thinks that there is the perception that the Met Council is holding the City and its decisions hostage. He stated that if the Council, like Councilmember Gorham, does not feel that way, then that should be clearly communicated to the citizens. He stated that it would be helpful if the analysis was shown to the citizens, so it is more transparent and everybody understands the decisions, the why behind the decision, as well as the cost-benefit analysis. Councilmember Callies stated that she agreed with the comments made by Councilmember Gorham as well as the suggestion made by Mr. Lingo to take a look at some of the other zoning regulations in the City that could be changed to encourage other types of development. She stated that is not what the Council is being asked to consider today and might be a good idea to keep in mind when the City is reviewing ordinances, in general. She noted that it is good for Shorewood to have diverse housing types and does not feel as though the City is being held hostage. She stated that she thinks staff, with the assistance of consultants, and the public comments, have come up with the best opportunities that are currently available for the City. Mayor Labadie stated that she thinks the City has been transparent in this matter and noted that she feels Council has allowed anyone to speak on this matter, even when it has not been an official public hearing. She stated that the City has been looking at this for years and was not something that was sprung upon the City. Councilmember Johnson stated that he also does not feel that the City is being held hostage by the Met Council and they are simply asking the City to be visionaries and look forward twenty years with the understanding that there is no change to the current uses. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 7 of 12 Councilmember Siakel stated that the Met Council is just another layer of government. She stated that there are mandates from the Met Council and while she does not feel threatened, she does feel obligated to comply. She stated that after working with the consultants, staff, and garnering public input, it was felt that it made the most sense to add the additional one-hundred fifty units along the busier corridors. She stated that the City is responding to the Met Council, but as Councilmember Callies said, this is all somewhat theoretical. She stated that she does not view this change as an immediate threat to the City, feel it will adversely affect people, and this proposal is the best alternative. Mayor Labadie asked if the Council approved this proposal if that meant that existing businesses, such as The Garden Patch, would be forced out of business. Planning Director Darling stated that the impacts to the properties are greatest for The Garden Patch and the small building that is next door because, at some point, the City will have to rezone them, which means they will then become non-conforming uses. She stated that the businesses can continue indefinitely, in the same fashion, but they would not be able to expand, unless the Council chose to amend the Zoning Ordinance to allow for some expansion of non-conforming uses. Councilmember Callies stated that the City is required to update the Comprehensive Plan every ten years, but if something were to change and another property were to become available, the City could change their Comprehensive Plan at that time. Siakel moved, Callies seconded, Adopting RESOLUTION NO. 21-125, “A Resolution Approving Amendments to the 2040 Shorewood Comprehensive Plan and Authorizing Submission of the Amended Plan to the Metropolitan Council.” All in favor. Motion passed. B. Approve Extension for Code Compliance at 5510 Howards Point Road Mayor Labadie explained that she is one of the property owners at this property and would be stepping down while this item is discussed. She clarified that she would abstain from any discussion, deliberation, or vote, relating to this item tonight or at future meetings. She stated that discussion of this matter will be turned over to Mayor Pro-Tem Johnson and explained that she would physically leave the Council Chambers while this item is discussed. Mayor Labadie left the Council Chambers at 7:50 p.m. Mayor Pro-Tem Johnson asked if City Attorney Keane would like to comment on any of the comments that were brought up earlier in the evening by residents regarding this item. City Attorney Keane explained that extension requests on enforcement items are routine in the City. He stated that a property owner does not forfeit their right to this kind of request because they are an elected official. Mayor Pro-Tem Johnson pointed out that there is a clerical error on the resolution, because if this is approved, he will be signing it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 8 of 12 Planning Director Darling explained that this request is for an extension to allow more time to bring an existing dock into compliance with the zoning regulations. The applicant has indicated that their dock is affixed permanently into the lagoon and they will need to hire someone to help adapt their dock. She noted that because this is the end of the season for seasonal docks, the applicant has had some difficulty finding a contractor to help them modify the dock within the prescribed timeframe. Staff is recommending approval of the request for an additional thirty days. Councilmember Gorham noted that one of the things brought up by residents was conflict of interest, which is about perception and asked if City Attorney Keane could speak on behalf of the Council regarding their ‘conflicted status’. City Attorney Keane explained that conflicts of interest are addressed in State Statute and elected officials are not to vote or participate in matters where they may have a direct or indirect financial interest. He stated that the perception of a conflict of interest can be rightfully held, however if the situation does not rise to the level of statutory conflict of interest, then it is within the Council’s good judgment to ensure that matters are fairly addressed by the Council. Mayor Pro-Tem Johnson stated that he can remember granting this type of request in the past. He asked how often the Council has not granted this type of extension request. Planning Director Darling explained that she has been with the City a little over four years and since she has come to the City, only one request was denied and all the rest were approved. She stated that she is unsure of the exact number but would estimate that there are ten to twelve requests made every year. Councilmember Siakel stated that she agreed that the Council has frequently gotten requests for extensions. She stated that she is not yet familiar with the situation raised by Ms. Rogers during Matters from the Floor, but would note that the issue of grandfathering and approving an extension are not the same and have nothing to do with each other. She stated that in this situation, this dock was in place well before the current occupants were there, this situation has only come to light recently, and has not been an ongoing issue that was not dealt with. Councilmember Gorham asked for details on the one instance where an extension request was not granted. Planning Director Darling stated that it was when a single fence panel had been installed in a front yard and Council and staff both considered it a simple matter to remove the one fence panel that was in violation of the City Code. Callies moved, Siakel seconded, Adopting RESOLUTION NO. 21-132, “A Resolution Approving a Request for Extension to Correct a Code Violation for Property Located at 5510 Howards Point Road.” Councilmember Gorham noted that there was a hand-up on-line. Mayor Pro-Tem Johnson noted that this was not a public hearing, however the Council has allowed comments on other items, and would allow public comment at this time. Mr. Yelsey stated that this issue is about integrity in government and understands the Council is looking at an extension request, but the law indicates that the person directly involved needs to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 9 of 12 recuse themselves. He stated that a person who is responsible and supervising other people, may not have those people provide staff work for them because it is compromised. He stated that it is a conflict of interest because they are under the supervision, either directly or indirectly, of the mayor. He stated the Council is compromised in their relationship with Mayor Labadie and feels they should not be ruling on anything related to her and what he considers an obvious violation of City Code. He stated that he would ask that they act with integrity and pass this along to a third party for review which may take some time. He stated that if the Council chooses not to do that, they may see additional court action taken and will find themselves at the wrong end of a legal decision. Councilmember Siakel asked City Attorney Keane to respond to the comment and inference just made by Mr. Yelsey. City Attorney Keane reiterated that there is no conflict of interest in this situation for the Council to participate in this vote. He stated that he feels the enforcement proceeding would contradict Mr. Yelsey assertion. He explained that staff received a complaint and has brought it forward for enforcement which is why this matter is before the Council. He reiterated that he does not see the conflict of interest that was raised by Mr. Yelsey. Councilmember Callies stated that the Council has an obligation to make decisions. She noted that when there is not a conflict of interest, it is not appropriate to simply say that the Council just does not want to deal with something because it is difficult. The Council has the responsibility to make decisions regarding difficult matters and noted that today, the Council is just being asked to make a decision regarding an extension of time. Mr. Yelsey repeated his assertion that he feels the Council and staff are legally compromised in this situation and stated that he can show the pertinent decisions from the Attorney General to back up his opinion. He stated that he believes Mayor Labadie already had a months’ notice of her violation and he had heard she consulted with City Attorney Keane, which he feels is another violation. He asked City Attorney Keane if he had advised Mayor Labadie on this matter, as an individual dock owner. City Attorney Keane stated that he had not advised Mayor Labadie on this matter. Mr. Yelsey reiterated that he feels this is a matter of integrity, the Council is compromised and will look bad if they move forward with this action. Councilmember Siakel stated that the issue before the Council is on granting an extension and is not an integrity issue in any way and noted that she totally disagreed with everything being stated by Mr. Yelsey. Mr. Yelsey stated that it will be perceived as an integrity and issue and if the Council proceeds with this they will not want to be involved with they decide to bring their challenge forward. Councilmember Callies stated that numerous times this evening and in the past, Mr. Yelsey has referred to “we” and noted that, for the sake of transparency, he should explain who “we” is, if he is speaking for someone other than himself. She noted that she believed there has been enough discussion on this item and the Council could move forward with a vote. All in favor. Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 10 of 12 Mayor Labadie rejoined the Council meeting. 8. ENGINEERING/PUBLIC WORKS 9. GENERAL/NEW BUSINESS A. Approve Contract with Campbell Knutson as City Attorney City Administrator Lerud noted that following firm interviews, the Council directed staff to prepare a contract for legal civil services with Campbell Knutson. He stated that the agreement, as presented, will go into effect January 1, 2022. Callies moved, Gorham seconded, Adopting RESOLUTION NO. 21-133, “A Resolution Approving Contract with the Firm Campbell Knutson to Provide Legal Services to the City.” All in favor. Motion passed. B. Approval of Unpaid Bills Assessment Finance Director Rigdon stated that this item is a continuation from the public hearing held earlier this evening. He explained that the Council is being asked to consider the resolution included in the packet but would note that there could be some changes made. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-134, “A Resolution Certifying Unpaid Charges on the 2022 Hennepin County Property Tax Rolls.” All in favor. Motion passed. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Paper Shred City Administrator Lerud noted that the staff memo is self-explanatory and recaps the Fall Shred Event. He noted that the City will host another shred event in May in conjunction with Clean-Up Day. Other Public Works Director Brown stated that there was a subdivision earlier this year located on the cul-de-sac of Law tonka Drive, which necessitated staff looking into how the new parcel would be served by municipal sewer and water. He explained that water lines had not been extended to this property for some reason, however, there are two new homes being built on this property and they have come in and satisfied their water connection charge, so the City has an obligation to serve those properties. He stated that because of time constraints, if the quote received from the contractor is appropriate, staff is planning to approve moving forward because of possible asphalt constraints due to weather and then follow up with the Council after the fact. Public Works crews are continuing to sweep roadways along with some tree activity. He noted that there have been a number of issues with vandalism at the new shelter in Badger Park and staff has made SLMPD aware of the situation. He stated that just prior to the meeting he came upon two young men CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 11 of 12 pitching rocks at the shelter but as he approached them, they fled on foot. He stated that they are beginning to consider additional steps at Badger Park with things such as additional lighting or cameras to deter this type of activity. City Engineer Budde stated that the Covington Road watermain improvements should be wrapping up this week. He reminded residents and Council that this coming Wednesday is the Strawberry Lane Open House from 6:00 p.m. to 8:00 p.m. at City Hall. Councilmember Johnson expressed concern about maximum occupancy numbers with COVID and asked if the Open House should be moved to the Community Center so there are not any problems in that area. City Administrator Lerud stated that he will take a look and see if the Community Center is available. Councilmember Siakel noted that for an Open House not everyone who attends is there at the same time. She stated that the City could also provide masks if necessary. City Engineer Budde stated that he did not think there would be the appropriate audio/visual equipment available at the community center for the presentation and have the ability to record it and put it on the website. Following discussion, there was consensus of the Council to hold the Strawberry Lane Open House at City Hall, as planned. B. Mayor and City Council Councilmember Johnson noted that he had attended the fall paper shred event and stated that it was well received by the citizens. Councilmember Siakel asked if the City would be looking at providing testing options for COVID to ensure that staff is kept safe. City Administrator Lerud noted that City Clerk/HR Director Thone is the one who is leading in this area. He noted that many cities are trying to get their hands around the OSHA rule and Shorewood has also started those discussions and plans are in the works. Mayor Labadie stated that she has a meeting tomorrow with the mayor’s in the Minnetonka School District and their superintendent. She stated that she will ask the other mayor’s what their policies look like with relation to COVID testing for employees. She stated that the Excelsior Chamber of Commerce hosted the State of the Cities address on November 4, 2021, which was a very nice event. She stated that there has been a recent uptick in car thefts in the area and encouraged people to keep house, garage, and cars locked. She stated that they are also encouraging people not to leave their garage door openers inside their vehicles. She stated that the SLMPD has urged people not to do intervene or do anything beyond call 911. She stated that if anyone has captured footage on things like a Ring or dome camera they are asking that you submit the footage to records@southlakepd.com. She stated that the City received notice last week that MnDot has decided to conduct a traffic study and analysis of Highway 7, beginning near St. Louis Park all the way west of St. Bonifacius. She stated it will begin in November of 2021 and conclude in June of 2022. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 8, 2021 Page 12 of 12 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of November 8, 2021, at 8:24 P.M. All in favor. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk #2 B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Verified Claims Meeting Date: November 22, 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. 67110 - 67134 & ACH 1,016,774.97 Total Claims $1,016,774.97 We have also included a payroll summary for the payroll period ending November 7, 2021. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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(()(*)+,+(-.--("/0#1 #!$%& '" CA&:9",,,,/D((D+,+(-.-66.((.++.+,+(.#EF@  !"#$%&!'$(#)"*+"!,-!.+/01-$+%'0+$,##+%&.-2$)3$4$)$#$ G#EF@ ? %'7!"69 :;-H I4 %: "-(@6J-E%A>B '"-KAB (/L(+L.M JAA%M '4:&$7%-# !$7'.,+),()+(.,0)+/)+(-.-=4:5-M JAA%-++LDGN(()++)+,+(*,,.,,.+(*/.,,,, -++LDGN 69 :;-O7&AB" -++LDGN O7&AB-<7!-69 :;-F4%" -( O7&AB-7<-P42> !-7<-69 :;" @#.67284& !-69 :;-#!77<-=$&->5-? %'7!-Q(()(*)+,+(-.--("/0-#1R#A3 -( City of Shorewood Council Meeting Item 2C Title/Subject: Addendum to TimeSaver Agreement MEETING Meeting Date: Monday, November 22, 2021 TYPE Prepared by: Sandie Thone, City Clerk/HR Director Regular Reviewed by: Greg Lerud, City Administrator Meeting Attachments: Addendum to Recording Secretary Service Agreement Background in Recommendation For the past four years the city has contracted with TimeSaver Off Site Secretarial, Inc. for city council, planning commission, and parks commission meeting minutes. Attached is an Addendum to the Recording Secretary Agreement that extends the expiration date to December 31, 2022. The rates reflect an increase of less than 2.5%. We have been extremely satisfied with the level of service we have received and therefore staff is recommending approval of the attached Addendum as submitted. Financial or Budget Considerations: The unit rates reflect an increase of 50 cents per hour and 25 cents per page and a base rate increase of less than 2.5%. Action Requested: Motion, second and simple majority vote required. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-135 A RESOLUTION APPROVING AN ADDENDUM TO THE RECORDING SECRETARY SERVICE AGREEMENT WHEREAS, the city of Shorewood is required to prepare minutes of all public meetings of the city council, planning, and park commissions; and WHEREAS, the city has contracted with TimeSaver Off Site Secretarial, Inc. for the past four years for performing minute-taking for city council, planning commission, and park commission meetings; and WHEREAS, the city has received exemplary service from TimeSaver. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: The enclosed Addendum to the Recording Secretary Service Agreement will be extended to December 31, 2022. The unit rates reflect an increase of 50 cents per hour, 25 cents per page and a base rate increase of less than 2.5%. ADOPTED BY THE SHOREWOOD CITY COUNCIL this 22nd day of November 2021. ______________________________ ATTEST: Jennifer Labadie, Mayor ________________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2D Title/Subject: Jim’s Liquor Off-Sale Liquor License MEETING TYPE Meeting Date: Monday, November 22, 2021 Regular Meeting Prepared by: Sandie Thone, City Clerk/HR Director Reviewed by: Brenda Pricco, Deputy City Clerk Attachments: Resolution 21-136 Policy Consideration: Shorewood City Code, Chapter 401 provides that no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit. New Liquor License: Off-Sale Intoxicating Liquor for NGBS, Inc. DBA Jim’s Liquor: Chapter 401 allows licensed establishments to sell on and off-sale liquor in the city limits. Background: The following establishment is requesting council consideration in issuing a new liquor license: Applicant(s) Address License_______ Nebeel Hassan, Gurinder P. Singh 19905 State Highway 7 Off-Sale Intoxicating Bhupinder Singh Shorewood, MN 55331 NGBS, Inc. DBA Jim Liquor The applicants, Hassan, Singh, and Singh, as NGBS, Inc. DBA Jim’s Liquor have purchased the business from Palanisami Palanisami currently DBA as Waterford Liquors currently located at 19905 State Highway 7 in Shorewood. Waterford Liquor’s current liquor license will expire on May 31, 2022. The building (Waterford Center) is owned by Palanisami Palanisami who plans to lease the space (F) to NGBS, Inc. Once the applicants, NGBS, Inc. have successfully passed background investigations performed by South Lake Minnetonka Police Department, submitted all required documentation, met insurance liability requirements, submitted the required new investigation fee of $500 and the $310 for the annual Off-Sale License, and council approves the license, it will be forwarded to the State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement to meet their requirements. The State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement department will perform a premises inspection pursuant to the requirements for obtaining a new liquor license issued in the state. Financial or Budget Considerations: Licensing fees as set forth in the City’s fee schedule have been duly collected that cover the cost of processing, issuing, and enforcing liquor licenses in the City of Shorewood. Recommendation/Action Requested: Staff respectfully recommends the city council approve Resolution 21-136 Approving a New Off-Sale Intoxicating Liquor License effective upon the State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement approval for NGBS, Inc. DBA Jim’s Liquor located at 19905 State Highway 7 in Shorewood. Motion, second, and simple majority vote required. Connection to Vision /Mission: Consistency in providing the community with quality public services and a variety of attractive amenities. 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 21-136 JIM’S LIQUOR OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, Shorewood City Code, Chapter 401 provides that no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit; and WHEREAS, in addition to the requirements set forth by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division, Shorewood City Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill insurance coverage requirements and complete a successful background investigation; and WHEREAS, NGBS, Inc. DBA Jim’s Liquor has successfully completed the application process, satisfying the requirements as delineated above for the issuance of an off-sale intoxicating liquor license for the City of Shorewood, conditional approval will be granted for the period, effective December 1, 2021 through May 31, 2022 and upon approval from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division certifying that the applicant has passed the new license inspection and met all criteria for approval by the State agency as well as being consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code. WHEREAS, NGBS, Inc. DBA Jim’s Liquor and owners Nebeel Hassan, Gurinder P. Singh, and Bhupinder Singh plan to purchase the business currently known as Waterford Liquors currently located in the Waterford Center located at 19905 State Highway 7 which Mr. Palanisami owns and will lease to the new owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the following license is issued to the applicant as follows is approved: MGBS, Inc. 19905 State Highway 7 Off-Sale Intoxicating DBA/Jim’s Liquor Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22nd day of November 2021. _______________________________ ATTEST: Jennifer Labadie, Mayor _________________________________ Sandie Thone, City Clerk 2E MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Authorize Service Agreement with Landform Professional Services Meeting Date: November 22, 2021 Prepared By: Marie Darling, Planning Director Reviewed By: Greg Lerud, City Administrator Tim Keane, City Attorney Attachments: Service Contract from Landform Professional Services Information on Consultants and Firm Resolution Background: Staff proposes to authorize the service agreement with Landform Professional Services for review of any applications that may be submitted that could pose a real or perceived conflict of interest for the planning staff. Certified planners have ethics requirements that are above and beyond the Minnesota statutory definitions of conflict-of-interest. Due to a recent code enforcement case that may develop into a land use application, staff propose to have third party professional alternatives. Staff considered three firms with strong planning consultant teams. Bolton and Menk, Northwest Area Consultants (NAC) and Landform Professional Services. The first two firms have recently worked for the City and Landform Professional Services has never worked for the City. Staff propose to remove even the appearance of conflict of interest from the process and propose to use Landform Professional Services, a firm that is well-known, has highly trained staff, but without any past contractual ties to the City. At this point, no applications have been submitted that would present a real or perceived conflict of interest. In the event such an application is filed, Landform Professional Services has provided an hourly rate for their principal planner, Kendra Lindahl. She may also use others on her staff for research and other tasks if needed. Attached is information on the firm and professional credentials. Financial or Budget Considerations: The proposal includes hourly rates for their consulting planners plus costs for additional external reimbursable expenses. If no application is submitted, no costs would be incurred. 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. Recommended Action: Staff recommends authorizing staff to execute the attached hourly service contract for Landform Professional Services. Action requires a simple majority vote. Next Steps and Timeline: Staff will inform the company of the council’s decision and take the next appropriate step if an application is submitted. November 11, 2021 Marie Darling City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE:Proposal for Planning Services in Shorewood, MN Landform Proposal No. P21218 Marie, Thank you for asking us toprovide planning support to the City of Shorewood, MN. Landform is pleased to submit this Proposal to provide Planning services to support city staff on an as-needed basis. Landform is committed to client service and the interdisciplinary fully-integrated site design process that has come to be our signature. Our studios are client-focused, each tailoring their design and production processes to meet the needs of their particular market, client or project type. Our professional staff includes landscape architects, planners, urban designers, civil ® engineersand land surveyors. We offer you a SensiblyGreenapproach toyour site design and development challenges from ® Site to Finish. If you have any questions concerning this proposal or our services, please call me at 612-252-9070. We look forward to working with you. Sincerely, LandformProfessional Services, LLC Kendra Lindahl, AICP Principal COPY:File P21218 ENCL:Project Scope ®®® Landform, SensiblyGreenand Site to Finishare registered service marks of Landform Professional Services, LLC. Professional Services Proposal For City of Shorewood, MN PLANNING SERVICES Shorewood, Mn PROJECT TEAM: Client Manager: Kendra Lindahl, AICP Principal Planner Planners: Kevin Shay Nicholas Ouellette * Indicated professional registrations are state-dependent; to obtain further information about our state licenses, please contact Human Resources at 612-252-9070 Proposal to Marie Darling with City of Shorewood 2 P21218 – Planning Services November 11, 2021 This fee Proposal is valid for 30 days from the creation date noted in the footer. Landform may reissue a revised Proposal upon request if the indicated time period has lapsed. TABLE OF CONTENTS A.SCOPE OF SERVICES................................................................................................................... 4 B. COMPENSATION ......................................................................................................................... 4 C. FORM OF CONTRACT................................................................................................................... 6 TERMS AND CONDITIONS .................................................................................................................... 7 OWNERSHIP AND USE OF DOCUMENTS: Consultant’s drawings, Specifications, and other documents, including this Proposal, are instruments of Consultant’s services for use solely with respect to this Project. Consultant shall be deemed the author of these documents and shall retain all common law, statutory and/or reserved rights, including copyright. Any use or reuse of this Proposal other than its intended use will be considered infringement of Consultant’s reserved rights. Proposal to Marie Darling with City of Shorewood 3 P21218 – Planning Services November 11, 2021 A.SCOPE OF SERVICES The level of our involvement will include the following Scope of Services (“Basic Services”). Naturally, the scale and scope of our efforts depends upon a Client’s needs, a clear understanding of our responsibilities and upon the deliverables required. If we have misinterpreted your needs, please let us know and we will make the necessary adjustments to this Proposal. 1. Planning Services \[03\]: Landform will: a) Review land use applications based on adopted City Code and related documents, as directed by staff. b) Prepare staff reports, resolutions, ordinances and related documents as required. c) Participate in meetings and discussions with developers, residents, city officials or staff as needed regarding development applications. d) Attend the scheduled Planning Commission and City Council hearings to present the project and answer questions at these public meetings. e) Work with City staff to prepare public hearing notices, as needed. B.COMPENSATION 1) The Basic Services described under the Scope of Services shall be completed on an hourly compensation basis based on the rates below: 2021 Rate Schedule Professional Services Title Hourly Rates Principal Planner$142 Planner III/Designer III/Survey Technician III $105 Planner II/Designer II/Survey Technician II $87 Planner I/Designer I/Survey Technician I $77 2) Standard Internal reimbursable expenses associated with prints, plots, scanning and mileage are included in our hourly rates. Deliverable plots and prints will be charged at internal rate. 3) External reimbursable expenses shall be billed at cost plus 15%. 4) Invoices will be sent once a month based on the hours worked through the date of billing. 5) Payment is due upon receipt of invoice. Unless prior arrangements are made, a 1.5% per month (18% per annum) service charge or the maximum permitted by law, whichever is less, will be assessed against all invoices unpaid for over 30 days. Service charges may be compounded. 6) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. Proposal to Marie Darling with City of Shorewood 4 P21218 – Planning Services November 11, 2021 7)UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Proposal to Marie Darling with City of Shorewood 5 P21218 – Planning Services November 11, 2021 C.FORM OF CONTRACT Landform continually strives towards ways of reducing our impact on the environment. Therefore, we are submitting this Proposal to you electronically only. Please print only the signature page, sign, and return the signed page by email, fax or mail as written authorization to proceed. If your company’s policy requires hardcopy originals, please contact us to request that hardcopy originals be mailed to your address. A faxed or emailed copy of a signature is as binding as an original. You may also incorporate this Proposal into your standard contract form but, even if we subsequently sign your contract form, in the event of any conflict or inconsistency between this Proposal and Client’s standard contract form, this Proposal shall govern. We reserve the right to a) collect as an external reimbursable expense the cost of legal counsel should you elect to use a lengthy contract of your own design, and b) revise our fee Proposal if your contract form assigns additional responsibility or risk to Landform Professional Services. If you instruct us to begin, or allow us to continue performing, Services prior to returning a signed contract it will be understood that all terms of this Proposal, including the attached Terms and Conditions, are acceptable and all parties will be bound by the terms of this Proposal. The attached Terms and Conditions are incorporated by reference and are an integral component of this Proposal. Landform Professional Services, LLC agrees to perform The following party accepts the scope, terms and the Services described in this Proposal under the terms conditions outlined in this Proposal and instructs outlined. Landform Professional Services, LLC to proceed with the Services as outlined. City of Shorewood Kendra Lindahl Signed Principal November 11, 2021 Date Title Landform Federal Tax ID: 27-1199905 Date Proposal to Marie Darling with City of Shorewood 6 P21218 – Planning Services November 11, 2021 TERMS AND CONDITIONS 1.0 CONSULTANT'S SERVICES. Consultant shall perform the services identified in this Proposal and no others unless otherwise agreed and unless Consultant is paid additional compensation in accordance with this Proposal. 1.1 STANDARD OF CARE. Consultant's services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by the Consultant. ALL WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS PROPOSALOR OTHERWISE, IN CONNECTION WITH THE CONSULTANT'S SERVICES ARE EXPRESSLY DISCLAIMED. 1.2 SCHEDULE. Time limits established by the schedule identified in the Proposal shall not, except for reasonable cause, be exceeded by Consultant or Client. Consultant’s compensation shall be equitably adjusted in the event of delays caused by Client, Client’s other consultants, or Client’s agents. Fees quoted in the Proposal shall be adjusted if services do not commence within 90 days after the date of the Proposal. 1.3 LIMITATIONS UPON AND EXCLUSIONS FROM RESPONSIBILITY DURING CONSTRUCTION: Whether or not the Consultant provides services during construction: (1) The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. (2) The Consultant shall not have control over, or charge of, and shall not be responsible for: construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, including compliance with State or Federal OSHA requirements. (3) To the fullest extent permitted by law, Client shall defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to the failure of the Work to conform to the Drawings and Specifications. 2.0 ADDITIONAL SERVICES. In addition to any other Additional Services listed in the Proposal, the following services are excluded from Basic Services and Client shall compensate Consultant for such services, in addition to compensation for Basic Services: (1) Making revisions in Drawings and Specifications or other documents or services (including restaking) when such revisions are (a) inconsistent with approvals, information or instructions previously given, (b) the result of adjustments in Client's requirements, (c) required by enactment, interpretation or revision of codes, laws or regulations subsequent to preparation of such documents, (d) required by the failure of Client or Client's consultants to render decisions or to provide necessary information in a timely manner, (e) imposed by municipal or other authorities as a condition for approval of a project, unless the Drawings, Specifications or other documents clearly were not in compliance with applicable law when submitted for approval, or (f) due to or causes not solely within control of Consultant; (2) Providing any Construction Administration Phase services unless otherwise specified in the Proposal; (3) Providing any services excluded from the Scope of Services identified in the Proposal: (4) Providing any other services not otherwise expressly included in this Proposal. 3.0 CLIENT'S REPRESENTATIONS AND RESPONSIBILITIES. Client at its expense shall promptly provide full information and requirements for the Project, including but not limited to all information in Client’s possession or otherwise available to Client, Client’s consultants, or Client’s agents relating to: the design, construction, and actual or intended use of the Project; as-built information regarding existing structures and improvements; existing surveys describing physical characteristics, legal limitations and utility locations for the site of Project; existing soils information and professional recommendations of soils (geotechnical) engineers; mechanical, electrical, plumbing, structural, and (unless otherwise stated in the Proposal) architectural design for the Project; and all other information reasonably requested by Consultant. Consultant shall be entitled to rely upon the accuracy and completeness of all information furnished by Client. Client shall provide information, render decisions, and make approvals promptly. Client shall retain a qualified Contractor to construct the Project. The person signing this agreement on behalf of Client represents and warrants that Client either owns fee title to, or has the legal right to direct Consultant to perform services in connection with, the site of the Project and that there is presently nothing to prevent Consultant from filing a lien against the site of the Project. 4.0 OWNERSHIP AND USE OF DOCUMENTS. Consultant’s Drawings, Specifications, and other documents (including CAD files or other information on electronic media) as well as substantially similar and/or derivative documents prepared by using or copying Consultant’s intellectual property (collectively referred to as “Documents”), are instruments of Consultant's service for use solely with respect to this Project. Consultant is the author of these Documents and retains all common law, statutory and/ or reserved rights, including copyright. The Documents may not be used on other projects, for addition to this Project or for completion of this Project by others. Client has a royalty-free license to use the Documents for the Project at its current location only. Such license is subject to the express conditions that (a) Client is not in breach of its payment obligations and (b) Consultant is involved in the Project. If either of these conditions cease to exist, Client's license to use the Documents shall immediately terminate without further notice. Submission or distribution of the Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Consultant, as long as Client is not in breach of the Contract. Any use or reuse of Documents will be at the Consultant’s sole discretion and at the Client's sole risk. The Documents are intended to work only on Consultant's computer system. The Consultant makes no representation as to the compatibility of the Documents with other systems. No person other than Client may use or rely upon any Documents, except to the extent Consultant gives written permission in each instance. 5.0 DISPUTE RESOLUTION, GOVERNING LAW. Any claim, dispute or other matter in question arising out of or relating to this Proposal or breach thereof ("Claim") in which the aggregate amount in controversy exclusive of interest, attorneys’ fees and costs, is less than or equal to $100,000 shall be decided by binding arbitration in Minneapolis in accordance with the Construction Industry Rules of the American Arbitration Association. Judgment on any award by the arbitrator(s) shall be enforceable in any court having jurisdiction. Any Claim in which the aggregate amount in controversy, exclusive of interest, attorneys’ fees and costs, is greater than $100,000 shall be resolved by litigation in the State or Federal Court located within Hennepin County, Minnesota. Consultant and Client expressly consent to the exclusive personal jurisdiction and venue of the Minnesota courts for all purposes relating to this Proposal. The parties waive trial by jury. This Proposal shall be governed by Minnesota law, without regard to conflicts of law principles. 6.0 TERMINATION. This Proposal may be terminated by either party upon not less than seven days’ written notice should the other party fail to perform in accordance with its terms through no fault of the party initiating termination. Such termination shall not affect the parties’ accrued rights and liabilities as of the date of termination. Without limiting the generality of the foregoing, paragraphs 1.1, 1.3, 4.0, 5.0, 7.0, 8.0, and 10.0 of these Terms and Conditions shall survive any cancellation, expiration, or termination of this Proposal. Proposal to Marie Darling with City of Shorewood 7 P21218 – Planning Services November 11, 2021 7.0 MISCELLANEOUS PROVISIONS. (1) Services will be performed based upon limited investigations and no destructive or invasive testing techniques will be employed, unless otherwise agreed in writing. (2) The Client and Consultant have discussed the risks, rewards, and benefits of the Project and Consultant's total fee for its services. The risks have been allocated such that to the fullest extent permitted by law, and for Client to receive the benefit of a fee which includes a reasonable allowance for risks, CONSULTANT'S TOTAL LIABILITY TO CLIENT FOR ANY LOSS, CLAIM OR DAMAGE ARISING OUT OF THE NEGLIGENCE OR OTHER LEGAL FAULT OF CONSULTANT IN PERFORMING ITS SERVICES SHALL BE LIMITED TO THE GREATER OF (I) THE AMOUNT STATED IN THIS PROPOSAL AS COMPENSATION FOR CONSULTANT'S BASIC SERVICES, OR (II) THE LIMITS OF ANY INSURANCE ACTUALLY AVAILABLE TO THE CONSULTANT. Client may eliminate this limitation on liability by notifying Consultant in writing prior to commencement of Consultant's services and tendering, with such written notice, a one-time payment equal to twenty percent (20%) of the amount identified in the Proposal as the Consultant’s Basic Compensation. This increased compensation is not the purchase of insurance. (3) In no event shall Consultant be liable for damages for loss of profits, loss of use, loss of revenue, or any or special, indirect or consequential damages of any kind. (4) This Proposal represents the entire and integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. (5) This Proposal may be amended by written instrument signed by both Client and Consultant or, in the case of Additional Services, by a written confirmation from Consultant to which Client does not object within ten (10) working days. 8.0. PAYMENTS TO CONSULTANT. Payments are due upon presentation of Consultant's invoices. 8.1 NOTICE OF LIEN RIGHTS (MINNESOTA). (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. 9.0 BASIS OF COMPENSATION. Client shall compensate Consultant as set forth in the Proposal. AN ESTIMATED FEE IS NOT A FIRM FIGURE. If the scope of or schedule for Consultant's Services is changed materially, the compensation shall be equitably adjusted. Rates and multiples for Additional Services and other services as set forth in the Proposal shall be adjusted annually in accordance with normal salary review practices of Consultant. For Additional Services of Consultant compensation shall be an hourly rate as defined in the Proposal plus reimbursable expenses; or, if agreed by Client and Consultant in writing, a lump sum amount. For additional services of Consultant's consultants, compensation will be 1.0 times the amount billed to Consultant for such services, plus reimbursable expenses. For reimbursable expenses, the Consultant shall be compensated for out-of-pocket expenditures incurred in connection with the services identified in this Proposal, based on 1.0 times actual costs incurred. In addition to other expenses, Consultant will be reimbursed for any applicable sales, use, or similar taxes related to services or products provided under this Proposal which may be imposed by any governmental entity. 10.0 DELAYED PAYMENT; PAYMENT DISPUTES. 10.1 CONDITIONS PRECEDENT TO WITHHOLDING PAYMENT. The Client may not withhold any payments to the Consultant unless the basis of (including all particulars) and amount in dispute are identified and presented in writing to the Consultant not later than the twenty-fifth (25th) calendar day after presentation of the disputed invoice. Objections to invoices not made within this time period are deemed waived. Unless Client proceeds in accordance with this Section 10.1, Client's failure to pay any invoice (either on the Project which is the subject of this proposal or in connection with any other project for which Consultant is providing services to Client) within thirty (30) calendar days after presentation of Consultant’s invoice shall constitute just cause for the suspension of services on all projects and the withholding of all deliverables on all projects by the Consultant. Client will pay all of Consultant’s costs of collection, including: internal labor costs at the Additional Services rate; reasonable attorneys' fees; and litigation and arbitration costs and fees, in the event Client fails to make timely payment to Consultant in violation of this contract. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. 10.2 NOTICE OF CLAIMED ERRORS OR OMISSIONS. In consideration of Consultant’s providing insurance to cover claims made by Client, Client hereby waives any right of offset as to fees otherwise due to Consultant. Client shall provide written notice, including all known particulars, to Consultant of any claimed errors or omissions in Consultant’s services not later than 60 calendar days after Client becomes aware, or in the exercise of reasonable diligence should have become aware, of the existence of such error or omission. Consultant shall be given a reasonable opportunity, during such 60-day period, to investigate and recommend ways of mitigating any alleged damages. Client’s failure to provide such notice, and/or Client’s failure to provide Consultant a reasonable opportunity to investigate and make recommendations, within the time stated shall constitute an irrevocable waiver of any and all claims, counterclaims, defenses, setoffs, or recoupments Client might have in connection with any such alleged error or omission. In the event Client asserts a claim in violation of this paragraph, or in the event that any other error and omission claim asserted by Client is determined to be without substantial merit, Client shall pay all of Consultant’s: internal labor costs at the Additional Services rate; reasonable attorneys’ fees; expenses; and arbitration and litigation costs incurred in investigating and defending such claim. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. 10.3 ERRORS OR OMISSIONS OF CLIENT’S CONSULTANTS. If Client has separately retained other design professionals Client agrees to the fullest extent permitted by law to defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to (a) the negligent acts or omissions of such other design professionals, and/or (b) the failure of such other design professionals to carry or maintain professional liability insurance in an amount adequate to protect Client and Consultant from loss. 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NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood, Minnesota: 1. Landform Professional Services has no known history with the City of Shorewood and seem well suited for the task of providing occasional planning services if the Shorewood Planning Staff would have a real or perceived conflict or interest in reviewing any land use applications that may be submitted. 2. Staff are hereby authorized and directed to enter into a service agreement with the company for and on behalf of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22th day of November, 2021. ___________________________ Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk #2F MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title / Subject: Assessment Agreements for Water Connections Meeting Date: November 22, 2021 Prepared by: Joe Rigdon, Finance Director Reviewed by: Greg Lerud, City Administrator Attachment: Resolution Certifying Special Assessments on the 2022 Hennepin County Property Tax Rolls th Background: At the November 8, 2021 council meeting, a Resolution Certifying Water Connection Special Assessments on the 2022 Hennepin County Property Tax Rolls was approved. Subsequent to that approval, an additional property has signed an assessment agreement and has waived their right to appeal the assessment. PID ADDRESS NAME AMOUNT TERM INTEREST RATE 34-117-23-32-0029 5900 Minnetonka Keyler 10,000 5 years 5.0% Drive Recommendation / Action Requested: Staff recommends approval of the Resolution Certifying Special Assessments on the 2022 Hennepin County Property Tax Rolls. Next Steps and Timeline: The assessments will be certified with the Hennepin County Assessor’s office. 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 RESOLUTION 21 - 138 A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS ON THE 2022 HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, the City Council for the City of Shorewood offered a program for residents who had public water available but were not connected to the municipal system, the ability to assess the water access charge over a number of years; and, WHEREAS, the owners of all the properties listed below have signed Assessment Agreements that state the terms of the assessment and waiving their right to appeal the assessment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: That pursuant to the terms of the assessment agreements, the city hereby approves and certifies the following special assessment: PID ADDRESS NAME AMOUNT TERM INTEREST RATE 34-117-23-32-0029 5900 Minnetonka Keyler 10,000 5 years 5.0% Drive Such certification, which is due to the County Auditor no later than November 30, 2021, shall be payable over the period of years indicated on the table. The owner of the affected party may, at any time prior to certification of assessments to the County Auditor, pay the whole of the certified assessments to the Shorewood City Clerk. The clerk shall forthwith transmit a certified copy of this certification roll to the County Auditor to be extended on the property tax lists of the county and such certified assessments shall be collected and paid over in the same manner as property taxes. Hennepin County Special Assessment Division is hereby authorized to certify the assessments on the property tax rolls payable in 2022. ADOPTED BY THE SHOREWOOD CITY COUNCIL this 22nd day of November 2021. ________________________________ Jennifer Labadie, Mayor ATTEST ________________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21- 139 A RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR INSTALLATION OF WATER SERVICES ON LAWTONKA DRIVE WHEREAS, the City of Shorewood approved a simple subdivision of Lot 6 Block 1 of the Lawtonka subdivision on record with Hennepin County Recorder’s Office; and WHEREAS, the Developer of said parcels has requested municipal sanitary sewer and water services to serve these parcels; and WHEREAS, the Developer has paid the water connection fees and sanitary sewer access charges; and WHEREAS, water services are not available to said parcels; and WHEREAS, the Director of Public Works has solicited quotes for installation of water services for said parcels; and WHEREAS, Minger Construction Co., Inc, has provided the lowest responsible quote for said services in the amount of $30,370. NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby accept the Quote by Minger Construction Co., Inc., in the amount of $30,370. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of November, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, OCTOBER 26, 2021 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Hirner convened the meeting at 7:00 p.m. A. Roll Call Present: Chair Hirner, Commissioners Schmid, Heinz, and Tauer; City Council Liaison Gorham; Parks and Recreation Director Grout; Planning Director Darling Absent: Commissioner Gallivan B. Review Agenda Tauer moved to approve the agenda as written. Heinz seconded the motion. Motion carried 4-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of August 10, 2021 Heinz moved to approve the minutes of the August 10, 2021 meeting as written. Tauer seconded the motion. Motion carried 4-0. 3. MATTERS FROM THE FLOOR There were none. 4. NEW BUSINESS A. Sam Larson Eagle Scout Project Application Sam Larson, 5490 Wedgewood Drive, gave an overview of his proposed Eagle Scout project. He stated that the project would be to make a compost bin at the Freeman Park Community Garden and gave a presentation about his proposal and answered Commission questions. The Commission discussed the need to find a flat location for the compost bin. Hirner moved to support the Eagle Scout Project application from Sam Larson. Heinz seconded the motion. Motion carried 4-0. Commissioner Schmid noted that her husband had been an Eagle Scout and supports this project because she thinks this kind of thing has been missing in the City. Council Liaison Gorham stated that when this comes to the Council he thinks it would be good to know where the bin will be going and what its finish will be. PARK COMMISSION MINUTES TUESDAY, OCTOBER 26, 2021 PAGE 2 OF 5 Sam Larson stated that he is planning to buy lumber that has already been stained so it will not deteriorate due to weather or the compost. He stated that he is also planning on finding lumber where the treating chemicals will not adversely affect the compost materials for the garden. He stated that he could paint the bin if that is something that the City would like. Council Liaison Gorham stated that he just wants to ensure that the bin fits into the park. He asked if this was only for plant composting or if it would also include food compost. Planning Director Darling explained that right now everything from the garden is just thrown into a pile and if it gets too big, Public Works comes and takes it away. She stated that it will be nice to have a bin for this purpose. Chair Hirner suggested that there could be a sign on the bin the outlines what materials are welcome and what is not welcome. Council Liaison Gorham stated that now that he has heard the current practice, he does not think a sign will be necessary. Commissioner Heinz asked if there would be signage indicating that the bin came from an Eagle Scout. Sam Larson stated that he could put up a sign that the project was completed by an Eagle Scout. Following discussion, the Commission supported the suggestion of a sign identifying the participation of the Eagle Scouts and recommended that Communications Director Moore take a look before it is posted. Commissioner Schmid stated her willingness to donate to this project. Park and Recreation Director Grout stated that this item will be on the Consent Agenda at the next City Council meeting. B. CIP with Specific Discussion of Freeman Park North Playground and Southshore Park Planning Director Darling reviewed the proposed CIP for years 2022-2031. She stated that staff’s proposal is in line with the proposal from last year and this would just update it. She noted that the Badger Park tennis courts was finished in 2021; Freeman Park drainage project was completed in 2021; the Silverwood Park playground equipment has been demolished in 2021, however, the new equipment has been delayed a bit. Commissioner Heinz asked if there was a sign posted explaining that the new equipment has been delayed due to transportation and the manufacturer and it is not the fault of the City or the Park Commission. Planning Director Darling stated that there is not a specific sign out there but she can update that information. PARK COMMISSION MINUTES TUESDAY, OCTOBER 26, 2021 PAGE 3 OF 5 Chair Hirner stated that the City needs to make sure that the posts that are holding up the fencing are low enough. He stated that is not completed before winter, there may need to be something done to ensure safety because the posts are metal. Planning Director Darling stated that she is hopeful that the equipment can be installed before it snows. She explained that in 2023 the City is looking at repaving some of the trails in Freeman Park and noted that the City no longer need to replace the existing handrails on the North Playground. She stated that the Commission needs to decide where the replacement playground will be placed. She stated that the City has gotten an estimate for repair of the ballpark fencing and noted that they are looking to find grant funds for that project. The Commission discussed where the fence was heaving on the ballpark fields. Planning Director Darling stated that the concrete pad for the aquatic invasive species equipment at the Christmas Lake boat landing was approved at the October 25, 2021 City Council meeting. She stated that there are a few other repairs at the boat landing that the City is working with the HOA to resolve. She noted that the Commission had expressed an interest in discussing the facilities offered at Southshore Park and noted that it is earmarked for 2028 and suggested that the Commission discuss whether that is the correct timeframe. She stated that staff is working hard to try to find grants for the City’s projects. Chair Hirner stated that in Freeman Park, he thinks the work should all be done at the same time so the park usage is only disrupted once and would like to see the City work with the Three Rivers Park District on the scheduling the trailhead project. There was consensus of the Commission to attempt to schedule the work so Freeman Park is only disrupted once, if possible. The Commission discussed the proposed upcoming CIP projects between the years 2022-2026. The Commission discussed the Cathcart playground equipment and replacement of hockey boards. Chair Hirner noted that he would like to see the City start some sort of program to maintain the hockey board, such as budgeting a small amount of money each year for that purpose, so the replacement could be pushed out a bit further. He stated that he thinks the Southshore Park is very under -utilized but is unsure why and would like to see the City figure out what they want to do with that park before a decision is made on where it should be in the overall CIP. Council Liaison Gorham noted that he believes the $10,000 allocated in the CIP for Southshore Park is probably too low. The Commission discussed ideas for Southshore Park and ways to shift around projects that may reduce costs, such as combining the tennis court resurfacing projects at the same time. There was consensus among the Commission to move the tennis court resurfacing at Cathcart to 2026 to align with Badger Park; leave Freeman Park trail overlay and Cathcart Playground equipment where they are in the CIP. PARK COMMISSION MINUTES TUESDAY, OCTOBER 26, 2021 PAGE 4 OF 5 Planning Director Darling stated that the available funds for 2022-2026 is $355,000. She noted that the City does not have all of that money currently available so the projects will need to be spaced out. Council Liaison Gorham asked for clarification on budgeting because it does not appear as though there will be enough money to complete the Cathcart playground equipment project. Planning Director Darling confirmed that this project may need to be delayed by a year and reiterated that staff is applying for grants which could help. Council Liaison Gorham asked how urgent the situation is with the current playground equipment. Chair Hirner stated that the playground equipment is in better shape than the swings and the edging material. He stated that if the City can undertake some small improvements by utilizing Public Works, he thinks the full project can be pushed out a year, but would not like to see it pushed out further than that. He stated that he would like the Park Commission, over the next two years to spend time discussing Southshore Park and its future plan. Chair Hirner reiterated the changes that the Commission is suggesting to the CIP: Freeman Park fencing moves from 2023 – 2022; Freeman Park North Playground was already taken care of by the Public Works Department and add the replacement in 20XX; Cathcart Park tennis court resurfacing moved to 2026 to align with Badger Park tennis court resurfacing; Cathcart Park playground equipment remains in 2024; Southshore master plan brought to 2024. He noted that this CIP is more than the budget will allow so the Commission can revisit the Cathcart playground equipment from 2024 to 2025, if needed. He suggested that the Commission add replacement of the rubberized playground surface to its CIP in 2031. Heinz moved to accept the revised CIP, as discussed. Tauer seconded the motion. Motion carried 4-0. 5. OLD BUSINESS A. Senior Programming Park and Recreation Director Grout stated that at a previous meeting, the Park Commission had asked her to reach out to some surrounding cities to see if they offer park programs for seniors. She gave an overview of what she found out from the various cities. Mound: Does not have senior programming at their park because it is done through their senior center; Chaska: senior programming is handled through their community center; Eden Prairie: senior programming handled through their senior center, they do have a biking club, walking group, and a fall color hike; Victoria: has not gotten back to the City yet; Minnetonka: senior programming is handled through their senior center, they do have a biking club and Adopt-A-Highway, a Night Sky Observation Program, and a Fall Hiking Program. Park and Recreation Director Grout explained that the City offered a painting class this past summer at Badger Park, a nature program at Freeman Park, and Poker Walk at Badger Park, however there were only a few individuals who signed up so they ended up being cancelled. The one successful program was Car Bingo the first time, but not the second time. She stated that she would love to try some senior programming again and see if there is better participation now because she thinks the programs were hugely impacted by COVID-19. PARK COMMISSION MINUTES TUESDAY, OCTOBER 26, 2021 PAGE 5 OF 5 Commissioner Tauer stated that she thinks it is a great idea to try senior programming again. She suggested hosting something like a cribbage night because that could be moved outside if people were more comfortable. Park and Recreation Director Grout stated that there is a cribbage group that meets at the community center so that may be a fun thing to promote. Chair Hirner suggested that the Commission do some homework and think of some ideas for senior programming to send to Park and Recreation Director Grout and be prepared to discuss the ideas at the next meeting. 6. STAFF AND LIAISON REPORTS / UPDATES A. Commissioner Heinz - Summary of Discussion at the Planning Commission meeting Commissioner Heinz gave an overview of the October 5, 2021 Planning Commission meeting as reflected in the minutes. B. City Council Council Liaison Gorham reviewed recent City Council discussions and action items. C. Staff Park and Recreation Director Grout reviewed some of the preliminary plans for Arctic Fever which is scheduled for January 15, 2022 and noted that they will not be having activities Friday night because of COVID-19. 7. ADJOURN Tauer moved to adjourn the Park Commission Meeting of October 26, 2021 at 8:37 p.m. Heinz seconded the motion. Motion carried 4-0. #7B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Minor Subdivision and Variance to Lot Width Applicant: Zehnder Homes, Inc. Location: 24835 Yellowstone Trail Meeting Date: November 22, 2021 Prepared by: Marie Darling, Planning Director Review Deadline: January 26, 2022 Attachments: Planning Staff Memorandum Resolution Background: See attached memorandum for detailed background on this item. At the November 16, 2021 meeting, the Planning Commission unanimously recommended approval of the minor subdivision and variance request to subdivide the property into two parcels, based on the finding that the applicant has met the variance criteria and the intent of the subdivision regulations. The applicant was present at the meeting. Two residents requested to speak and raised concerns regarding neighborhood character and drainage, which is addressed below. Drainage concerns: The resident was concerned that the low area on the west side of the subdivision could carry water from the Minnetonka Country Club. After the meeting, staff requested the City Engineer review the subdivision and review the neighborhood situation. The low area does drain to Lake Minnewashta, but does not from the Minnetonka Country Club. The applicant has proposed to create a rain garden to provide rate control for the impervious surfaces expected on the new lot. Between the rain garden and the new easements that would be provided around the periphery of each lot, the subdivision would not negatively impact the area. Financial or Budget Considerations: The application fees cover the cost of processing the request. If approved, the applicant would be required to pay one park dedication fee ($6,500) and one local sewer connection charge ($1,200) prior to recording the subdivision. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request to subdivide the property with a variance for lot width at 24835 Yellowstone Trail. Motion requires a simple majority to adopt. 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. S:\\Planning\\Planning Files\\Applications\\2021 Cases\\24835 Yellowstone Trail\\CAF Memo.docx Next Steps and Timelines: If the City Council approves the request, the applicant would need to meet the conditions of approval and could then request a certified copy of the resolution for recording at Hennepin County. Once the subdivision is recorded, the applicant could request a building permit. MEMORANDUM Date:11/08/2021 To:Marie Darling, Planning Director From:Matt Bauman, PE Subject:24835 Yellowstone Trail Lot Splitand Variance Review City of Shorewood Project No.: 0C1.123603 The following documents were submitted for review of compliance with the City of City Code,Local Surface Water Management Planand Engineering Standards: Administrative Subdivision revised dated 8/2/2021 Proposed Site Plan, Grading and Erosion Control Planrevised dated8/2/2021 Stormwater Management Plan and HydroCAD models dated 7/30/2021 Certificate of Survey revised dated 6/28/2021 This review only included the documents listed above, primarily dealing with grading, modelling and stormwater managementand lot splitand variance requests. 1.Update reference on the Grading, Drainage and Erosion Control plan to the Minnehaha Creek Watershed District. 2.The Grading plan shows an existing storm sewer line crossing the driveway within lot 4, but not shown on the Existing Conditions Survey. Clarify if this line exists and what is happening with it. 3.List pipe material and sizes of proposed driveway culvert. Culvert shall be installed to City standard detail: STO-14. 4.The property must meet the City of Shorewood Surface Water Management Plan Regulations (Section 5.3). The proposed plan meets these regulations, with a few clarifications needed. a.Verify the time of concentration and flow length of catchment PR1. b.Verify that there is at least 3.0 feet of separation from the bottom of the infiltration basin to the groundwater elevation. This should be confirmed with a soil probe prior to during construction. 5.Modify the ponded area to be fully within one property or the other, not both. 6.The proposed infiltration basin shall be constructed within the proposed drainage and utility easement since it will be serving lot 3, but placed on the existing home lot 4. This makes it accessible to City staff. 7.Owners of private stormwater facilities shall enter into an agreement with the City describing responsibility for the long-term operation and maintenance of the stormwater facilities and shall be executed and recorded with building permit application. An operations and maintenance plan for the proposed stormwater system should be included with future submittals. a.A template plan isattached. (Ȁ͐3(7$͐Ώ#ΐΐΑΒΕΏΒ͐ΐ͑#®±±¤²͐#͑4® /³§¤±²͐0« ­ 2¤µ¨¤¶͐ΑΏΑΐȃΐΐȃΏΗ͑ΑΓΗΒΔ 9¤««®¶²³®­¤ 4± ¨« 6 ±¨ ­¢¤  ­£ ,®³ 3¯«¨³ 2¤µ¨¤¶ȁ£®¢· Name:24835 Yellowstone Trail Lot Split and Variance Review Date:11/08/2021 Page:2 8.Applicant shall determine if it wishes for Lot 3 to be responsible for long term maintenance of the stormwater facility or Lot 4. Lot 3 necessitates the need for the basin, but both lots do contribute somedrainage to it. a.If Lot 3 is responsible, the maintenance agreement will be written requiring they maintain, and a separate agreement needed forLot 4 to allow Lot 3right of access to maintain. b.If Lot 4 is responsible, the maintenance agreement will be sufficient for the single lot, however if future improvements to Lot 3 are proposedthat would trigger more stormwater control, Lot 3 would not have access to the basin to add storageor make changes. Lot 3 would need to come upwith additionalcontrol features on their lot. 9.A permit will be required with Minnehaha Creek Watershed District for Erosion and Sediment Control. Emma Notermann From:Dale Shrode <dcshrode@icloud.com> Sent:Friday, November 12, 2021 12:20 PM To:Planning Subject:Zehnder Homes Inc. variance request November 12, 2021 To: Planning Dept. City of Shorewood 5755 Country Club Road Shorewood, MN 55331 From: Dale Shrode 24755 Yellowstone Trail Shorewood, MN 55331 Re: Zehnder Homes Inc. variance request Dear Planning Dept; I am the property owner on the east side from 24835 and oppose the subdivision. I purchased my property because I was attracted to the green space of the golf course across the street and the distance between my neighbors. Appears I may be losing both. ( I do miss the serenity of the golf course) I believe the subdivision would devalue my property marketing towards potential buyers that are attracted to the same amenities I was. The previous resident of 24835 Scott Henry had told me he applied for a subdivision and was denied. I believe the property was surveyed at that time also. Drive thru the neighborhood to see 24835 at its full potential. You will see children playing ball with their dog in the spacious front yard. The scene could be a setting for a Norman Rockwell painting, an image any community would be proud of. Keep this property as is for generations of families to enjoy. The mature trees between the properties have taken years to provide a natural border. Removing them will barren the landscape. Please let’s not vary from our standards and squeeze another home into our community. What makes the magic number to vary the minimum ? 4 inches ?, 4 feet ?, 40 feet ? 1 Perhaps Minnetonka County Club development could offer buyers a new home rather than a 24835 undersized subdivision. Sincerely, Dale Shrode Sent from my iPad 2 RESOLUTION 21-140 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN MINOR SUBDIVISION AND VARIANCE FOR ZEHNDER HOMES FOR PROPERTY LOCATED AT 24835 YELLOWSTONE TRAIL WHEREAS, Zehnder Homes, Inc. (the “Applicant”), has submitted a request for a minor subdivision and variance for lot width in order to subdivide the property legally described as follows into two lots: Lots 3 & 4, Block 1, Deerfield Addition, Hennepin County, Minnesota And, WHEREAS, the Applicant’s proposed subdivision of said real property into two parcels is legally described and illustrated in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant’s application materials and plans dated September 3 and 28, and November 3, 2021 were reviewed by the Planning Director, whose memo was forwarded to the Planning Commission for their meeting on November 16, 2021, a copy of the memo is on file at the Shorewood City Hall; and WHEREAS, the application was considered by the Planning Commission at a regular meeting held on November 16, 2021, the minutes are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on November 22, 2021at which time the Planning Director's memorandum and the Planning Commission's recommendations and resident comments were reviewed and comments were heard by the Council from the Applicant and residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the minor subdivision and variance are hereby approved, subject to the following conditions: 1. The real property legally described above is hereby approved for division into two parcels, legally described and illustrated in Exhibit A, subject to the conditions listed below. 2. The variance to allow a lot to be created with 99.65 feet where 100 feet are required by ordinance is hereby approved, in accordance with the plans submitted on September 3 and 28, 2021 and revisions submitted November 3, 2021, based on the findings that the criteria have been met, especially that the applicant has shown unusual hardship in that the variance would allow uncomplicated legal descriptions, would not impact the public welfare, would be compatible with the neighborhood and would be the minimum action necessary to alleviate the unusual hardship, subject to the conditions listed below. 3. The subdivision and variance approval is subject to the following conditions: a. Prior to recording the subdivision, the applicant shall submit the following consistent with City Code: i. Submit executed 10-foot drainage and utility easements around the periphery of each lot. ii. Submit payment of one park dedication fee ($6,500) and one local sanitary sewer Access charge ($1,200). iii. Remove the accessory shed on future Lot 3. iv. Identify the location of the well on future Lot 4. b. Prior to issuance of a building permit: i. The applicant shall submit proof of recording for this resolution, easements and maintenance agreement. ii. Prior to construction of improvements on either lot, the applicant must acquire the appropriate permits. iii. With a building permit application, the applicant shall submit a revised tree preservation/landscaping plan shows all the proposed trees in conforming locations and revise the plans to be consistent with the City Engineer’s memo dated November 8, 2021 and City Code. iv. Prior to installing services or conducting other work in the right-of-way, the applicant shall obtain the appropriate right-of-way permit. v. The applicant shall submit a construction management plan detailing contractor parking, how deliveries will be made without blocking public streets, where storage of materials will occur, hours of construction and how often streets will be swept. 4. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes when the above conditions are satisfied. 5. The Applicant shall record this resolution and the easements with the Hennepin County Recorder or Registrar of Titles within 30 (thirty) days of the date of the certification of this resolution. nd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of November, 2021. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk 2 Exhibit A Legal description of the easterly parcel (Parcel A): Lot 3, Block 1, Deerfield Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Subject to the easements as recorded on said plat of Deerfield Addition. Legal description of the westerly parcel (Parcel B): Lot 4, Block 1, Deerfield Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Subject to the easements as recorded on said plat of Deerfield Addition. 3 #7C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Variance for Minimum House Size Location: 6180 Cathcart Drive Applicant: Ben and Meghan Becker Meeting Date: November 22, 2021 Prepared by: Marie Darling, Planning Director Review Deadline: February 4, 2022 Attachments: Planning Memorandum from the November 22, 2021 Meeting Resolution Background: See attached planning memorandum for detailed background on this request. At the November 16, 2021 meeting, the Planning Commission voted unanimously to recommend approval of the variance to allow the applicant to construct a new home that is 20 feet wide where 22 feet wide is required by the zoning regulations. The applicant was present at the meeting and spoke in favor of the application. One person requested to speak on this item and his concerns are noted below. The Planning Commission discussed this item at length before voting to recommend approval. They asked staff to include a review of this regulation in their work plan for 2022. Drainage and Impact on Ground Water: A resident spoke and was concerned about the impact of the new home on surface and ground water. Staff responded that the applicant is proposing to reduce the amount of impervious surface coverage on the site from 7.6 percent to 4.3 percent, well under the 33 percent that is allowed by ordinance. Additionally, the existing home has a basement and the new home would not which would reduce the impact of the home on ground water. 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 Ben and Meghan Becker for property located at 6180 Cathcart 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. 0"14'0"14'0"14'0"20'0"20' 0"9'0"9' Cooktop concretefinishBroomconcretefinishBroom 277.20 N 00°04'25" W 679 0'0" 5 3 7 9 0 8. 1 33 E " 8 3' 15 ° 20 N 3 7 9 NORTH TRUE 0"20' 0"20' 6"6'6"13' 6"3'0"2' Cooktop 6"6'6"13' 0"2'0"2' 0"4'0"3' 0"1'2"3'0"1'0"7'0"1'0"4'10"2' 4"1'4"17'4"1' 6"1'0"20'6"1' 0"20' 6"2'0"3'2"6'0"2'4"6' 0"20' GFI 9"5'9"3'6"10' 12"/12"12"/12" 0"4'6"3'6"12' 6"2'0"7'0"1'0"7'6"2' 0"4'4"2'0"2'6"4' 0"4'4"2' 0"4'0"3' 0"4'4"2' 0"7'10"0"7' 0"5'0"2' 12"/12" 12"/12" 0"4'4"2' 6"2'0"3' 0"7' 0"4'0"3' 0"3'0"4' 0"2'0"5' 0"4'0"2' 0"3'6"3'0"2'0"5' 0"2'0"4' 0"7' 0"7' 1/8"11' 6"1' 3/4" 0"7' 1/8"78' 4"0"1' 4"1' 1/8"18'6"1'1/8"18'2"4'0"1' 3/4" 1/8"78' 4"1'4"0"1' " 2 1 / " 2 1 6"1'1/8"18'6"1'1/8"18' 3/4" 5/8"110"7'2"4'6"1' 6"1'1/8"18'6"1'1/8"18' 3/4" RESOLUTION 2021-141 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD SETBACK FOR PROPERTY LOCATED AT 6180 CATHCART DRIVE WHEREAS, Ben and Meghan Becker, (the “Applicant”) propose to construct a new house on property legally described as: The east 121.16 feet of the west 476.69 feet of that part of Lot 2, “Minnewashta Acres, Hennepin County, Minnesota” lying north of the south 13.00 feet thereof. And That part of Lot 2, “Minnewashta Acres, Hennepin County, Minnesota”, lying east of the West 476.69 feet thereof and north of the south 17.00 feet thereof. WHEREAS, the Applicant has applied for a variance to allow that would be 20 feet wide where the zoning regulations require 22 feet; and WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the November 16, 2021 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on November 16, 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 November 22, 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 R-1A zoning district. 2. Chapter 1201.03, Subd. 7. b. (2) (b) requires all homes to be 22 feet wide for a minimum of 30 feet in length. 3. 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. 4. 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. 5. The Applicant’s proposal is identified on the application materials and plans submitted on August 24 and 27, September 15, and October 7, 2021. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct a home to be 20 feet wide, based on the plans and materials submitted August 24 and 27, September 15, and October 7, 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 unique construction of the home and would be the minimum request to alleviate the practical difficulties. Additionally, 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 nd this 22 day of November, 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 7D MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Urban Farm Animals Discussion Meeting Date: November 22, 2021 Prepared By: Marie Darling, Planning Director Attachments: Potential Ordinance Amendments for Urban Farm Animals Background: In September of this year, the City Council adopted some additional standards for urban farm animals, but listened to concerns from residents regarding nuisance issues like chickens flying out of enclosures and escaping during coop cleanings, etc. Staff has researched means to contain chickens and other fowl. Below is a summary of the research and recommendations on how to proceed. Restrict lot size for fowl and increase setbacks to property lines for enclosures and coops. Staff re-reviewed many of our neighboring cities’ ordinances for examples on lot area and setbacks to see how other cities regulate them. Minnetonka requires one acre to have any farm animals, including fowl. Chanhassen regulates the number of chickens based on the size of the lot – four for properties under an acre, eight on properties of 1 to 2.5 acres, etc. Setbacks vary by city, with suburban cities having greater setbacks than urban cities. See next page for a table summarizing the cities’ setbacks. 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. City Side abutting Side Rear Adjacent Water nd a street (2 Home bodies front) Bloomington 50, but not in 30 30 50 front yards Chanhassen Same as 10 10 25 house Chaska Not in front 10 10 50 15 yard Eden Prairie Not in front 10 10 50 15, not in yards buffers Minneapolis Not in front 10 10 20 yards Minnetonka Not in front Farther yards than from owner’s home Plymouth Not in front 20 20 Not in yard buffers Shakopee Not in front Not in side 10 50 yard yards Shorewood Not in front 10 (in rear Same as Farther yards yard) house than from owner’s home St. Paul 5 5 Staff recommendation: o An increase in the setbacks from the side property lines to at least 30 feet to provide greater distance from the enclosure to the property line to reduce the likelihood an escaped fowl would cross the property lines. o A minimum lot size of one acre (43,570 square feet) to ½ acre (21,780 square feet) so that the lots are large enough to have space for the enclosures, coops and setbacks. Require chicken coops and enclosure areas to be fully enclosed with nets or screens to prevent fowl from escaping. Bloomington, Chanhassen, Chaska, Plymouth and Shakopee require enclosures to be fully enclosed or to have nets over the top. Staff recommendation: o Add a definition for fowl enclosure/run that requires the confinement area to be fully enclosed with nets or screens on the top. o Consider adding a minimum size for the enclosure/run based on the number of chickens. Require wing clipping. None of the other cities that staff reviewed required wing clipping or even mentioned it. I reviewed two websites (Raising Happy Chickens and Backyard Poultry) and it seems very common. It involves trimming the first 10 feathers at the end of one wing so that the bird lacks the balance needed for flight. According to both websites, the practice does not harm or hurt them because the quills lack blood supply and nerves. Because the wing feathers molt and grow back each year, the wing clipping must be repeated annually on the new feathers. Some chicken owners are opposed to wing clipping for aesthetic or ethical reasons. Staff recommendation: o No amendments to require wing clipping. While the wing clipping may not harm or hurt the animal, if the City requires the practice staff has to enforce it. City staff does not have the appropriate training or the time necessary to catch each bird and verify wing trimming at each annual inspection. Annual inspections for chickens would be more efficient if the inspectors were able to concentrate on the coop/enclosures and nuisance issues and not check all the chickens. Additional recommendation: Add standards for rejecting permit application or revoking permits. Review standards for applicability to rabbits and bees. Financial or Budget Considerations: Cost of publishing any additional ordinance amendments and noticing current permit holders. Next Steps: Subject to Council direction, staff would begin drafting amendments to the ordinance. Some of the above amendments would require a public hearing through the Planning Commission (lot size/setbacks), but others could be approved solely by the City Council (enclosure requirements/wing clipping/permit denial-revocation). CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 21-142 A RESOLUTION AUTHORIZING PREPARING PLANS AND SPECIFICATIONS FOR THE 2022 MILL & OVERLAY PROJECT CITY PROJECT 21-11 WHEREAS, the City of Shorewood approved the 2021 Capital Improvement Plan which includes the 2022 Mill & Overlay project, City Project 21-11; and WHEREAS, the proposed improvements will help to maintain and extend the longevity of the roadway infrastructure; and WHEREAS, the project will be funded through a combination of Street Bonds, Water Fund, Sanitary Fund, and the Stormwater Fund; and WHEREAS, Bolton & Menk has provided a proposal to prepare the Final Plans & Specifications and Construction Administration; and NOW THEREFORE, IT RESOLVED: that the City Council of the City of Shorewood hereby authorizes Bolton & Menk to prepare the Final Plans & Specifications for the 2022 Mill & Overlay project. nd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of November 2021. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 10 A 1 MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: 2021 Hennepin County Youth Baseball and Softball Facility Grant for Freeman Park Field 2 Meeting Date: November 22, 2021 Prepared By: Twila Grout, Parks and Recreation Director Background: Freeman Park Baseball Field 2 footings and posts at center field and left field have become a hazard due to the heaving of the footings. Staff have received multiple safety concerns. A proposal from Fenc-Co, Inc. for repairing the footings and posts is $23,500. The proposal includes removing the old footings and posts, installing new posts and footings, removing, and salvaging the fencing and reinstalling the rails and wire. Staff has applied for the Twins Community Fund’s Hennepin County Youth Baseball/Softball Grant program to help offset costs for this project. This grant program is administered by the Minnesota Twins Community Fund staff who review the grants and pay matching grants. The amount requested is $10,000. The grant is due on November 15 and the grant notification date is December 31. Minnetonka Baseball Association and Minnetonka Girls Softball Association, have both agreed to donate $1,000 towards this project. The estimated timeline for the project: council approval in February/March 2022, construction to begin in April and completion of project by June. Financial or Budget Considerations: Funds to pay for this project are from Fund 402, but staff proposes to apply for this grant to reduce the impact on other park projects. Recommended Action: No action is required at this time. 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.