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04-11-22 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 11, 2022 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 have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff may request that an item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by council, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of March 14, 2022 Minutes B. City Council Regular Meeting Minutes of March 14, 2022 Minutes C. City Council Special Meeting Minutes of March 23, 2022 Minutes D. Approval of the Verified Claims List Claims List E. Authorize Professional Service Agreement with MNSPECT Planning Director Memo Resolution 22-030 F. Approve Hire of LEO, Public Works Director of Public Works Memo G. Notification of the 2022 Open Book Meeting City Clerk/HR Director Memo H. Accept City Administrator Resignation City Administrator Memo I. Accept Proposal for Safety Consultation Services from Director of Public Works Memo SafeAssure Resolution 22-031 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. When you are recognized, please use the raise your hand feature. Please identify yourself by your first and last name and your address for the record. After this introduction, please limit your comments to three minutes. 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. Approve Food Trucks for Tonka Football Events Parks and Rec Director Memo Resolution 22-032 B. Approve Estimate for Christmas Lake Boat Landing Improvements City Engineer Memo Resolution 22-033 C. Accept Bids and Award Contract for Silverwood Park City Engineer Memo Improvements, City Project 21-05 Resolution 22-034 7. PLANNING A. Urban Farm Animals Ordinance Amendments Planning Director Memo Ordinance 587 Resolution 22-035 8. ENGINEERING/PUBLIC WORKS A. Stream Restoration Project City Engineer Memo Location: 26245 Smithtown Road & Freeman Park Resolution 22-036 B. MOU on Stream Restoration Project City Engineer Memo Location: 26115 Smithtown Lane Resolution 22-037 C. Lift Station Rehabilitation Bid Award City Engineer Memo Resolution 22-038 D. Public Works Mutual Aid and Equipment Sharing Director of Public Works Memo Agreements Resolution 22-039 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Staff 1. Shorewood Licensed Refuse Haulers City Clerk/HR Director Memo B. Mayor and City Council 11. ADJOURN CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING MEETING HELD VIRTUALLY MONDAY, MARCH 14, 2022 6:00 P.M. 2A MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:01 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Labadie, Johnson (arrived at 6:04) Siakel, Gorham, and Callies; and City Administrator Lerud. Absent: None B. Review Agenda Callies moved, Gorham seconded, approving the agenda as presented. Motion passed 4/0. 2. SOUTH LAKE MINNETONKA POLICE JOINT POWERS AGREEMENT City Administrator Lerud explained that at their April meeting, the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee will continue their discussions about the Joint Powers Agreement (JPA). He stated that in September of 2021, the Council had initial discussions about the JPA but was not able to get through the entire agreement. He stated that the Council can review comments made during the previous discussion and then review the remainder of the JPA. He stated that one of the questions raised by the Council at the last work session was regarding how calls are calculated and which city is charged if it crosses jurisdictional lines. He stated that he spoke with the interim chief and the new chief and was told that they do go through all the calls on those that may cross lines and if they cannot determine if there was a change and where it directly occurred, it sticks with the original information of where the initial contact was made. He noted that if there is a call that is less serious in the City and then it moved to one of the other cities and became a more serious crime, that crime would then be charged to the new city and not the originating city. He noted that there have been approximately 5,500 ICRs on average over the last five years and the cross jurisdictional calls represent very few calls because most are taken and resolved within one city. Councilmember Gorham asked why the City had asked for clarification on that issue. City Administrator Lerud stated that he thinks the City was really wondering for the most part on calls such as DWIs. He stated that the City wanted to get clarity on whether there were incidents happening that were moving from one city to another and impacting a portion of the funding formula, as well as prosecution costs were being transferred. But he said after talking with the two chiefs, those calls are a very small percentage of the overall calls. Mayor Labadie stated that she believes she had originally requested this information. She stated that she is a bit surprised by the response City Administrator Lerud got because she thought there would be more cross city stops. City Administrator Lerud shared that he believed a lot of the out of jurisdiction calls fall on the City of Excelsior because they have the events. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MARCH 14, 2022 Page 2 of 3 Mayor Labadie explained that the Council had reviewed the JPA through Section 7, subdivision 1 and suggested that the discussion begin at this point. City Administrator Lerud stated that the five-year reset has occurred, so the percentage split will now be set through 2026 and then it will be reset for the five-year increment again. He stated that his understanding is that all the parties are not entirely happy with the funding formula, so it probably means it is a fair formula. Councilmember Callies stated that there was a lot of blood, sweat, and tears that went into arriving at this formula and changing it will involve a major discussion. Mayor Labadie stated that she has attended board meetings for the last year and knows that any formula changes recommended by the City will be met with a lot of opposition from the other member cities. She noted that she thinks the same gripes Shorewood may have would be the same ones that other cities had. Councilmember Gorham asked if a change was proposed if it would require a unanimous or majority vote. City Administrator Lerud stated that the JPA says that all changes would have to be approved unanimously by the member cities. Councilmember Siakel stated that she thinks every city has gripes about what is and is not working. She stated that even though there may be squabbling and going back and forth, she thinks, at this time, it is still in the City’s best interest to share an agreement with these other cities. She stated that if the goal is to maintain a JPA, then that is the goal that should be in front of the Council in order to put together the best way to get to that end goal. Mayor Labadie stated that currently all four mayors of the member cities have a very professional working relationship with each other and with the new chief, but knows that has not always been the case. She stated that in her opinion, right now, this is working and thinks the idea of Shorewood pulling out and having their own department would not be the right course of action. Council Member Siakel stated that she too thinks it is the in the City’s best interest to stay in a JPA. Councilmember Gorham stated that he does not want to upset the apple cart and feels it would be a huge undertaking to start the City’s own department. He stated that in the previous discussion there were comments made about the desire for more votes or changing the way the votes were taken which he does not feel are fruitful endeavors. The Council discussed keeping the JPA versus creating its own department. They discussed details of the agreement that has the City paying fifty percent of the police budget and forty percent of the fire budget, and the fact that despite this percentage, they only have one vote. There was consensus of the Council to continue forward with a JPA. Mayor Labadie noted that in the past the one vote per city has caused major issues. She stated that it has been brought up to change the voting based on the percentage of payments or be based on the population of the city, but the other member cities will not green light either of those changes. She reiterated that the situation is working right now because the four current mayors and the chief are very level headed and respectful of each other, but noted that this could change in the future. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MARCH 14, 2022 Page 3 of 3 The Council reviewed section 7, subdivision B and the possibility of establishing some programmed expenses in a CIP; sections 9/10/11, regarding the importance of the definition of withdrawing, adding parties, dissolution, and that the City Council should have the ultimate decision; section 14 relating to arbitration and mediation and who is responsible for paying. Councilmember Siakel asked when this JPA needed to be ready. City Administrator Lerud explained that the existing agreement expires at the end of 2023. Mayor Labadie stated that she believes the Council has given her good feedback to bring to the Coordinating Committee and explained that because this is still such a work in progress, she said updates will be brought back to the City Council during the process, with council approval required for the final draft. 3. ADJOURN Siakel moved, Gorham seconded, Adjourning the City Council Work Session Meeting of March 14, 2022, at 6:47 P.M. Motion passed 5/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING MEETING HELD VIRTUALLY MONDAY, MARCH 14, 2022 7:00 P.M. MINUTES 2B 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, Gorham, and Callies; City Attorney Shepherd; 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 Siakel moved, Callies seconded, approving the agenda as presented. Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Gorham moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of February 28, 2022 B. City Council Regular Meeting Minutes of February 28, 2022 C. Approval of the Verified Claims List D. Approve Proposal from Davey Resource Group, Adopting RESOLUTION NO. 22-025, “A Resolution to Accept Proposal from Davey Resource Group for Professional Arborist Services.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR Alan Yelsey, 26335 Peach Circle, read aloud a statement about his opinion regarding ethics related to the Smithtown Ponds project and the potential for scandal for the City. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 14, 2022 Page 2 of 8 Kristine Sanschagrin,27725 Island View Road, shared concerns about the trustworthiness of the Council and shared an example from a prior meeting when citizens were told that they would be able to talk during an agenda item and then were not given that opportunity. She stated that these actions cause mistrust in the community and with the government. She noted that Mayor Labadie had stated that she would recuse herself from discussion of the item related to her personal dock, but then was allowed to speak during that item when no other residents were given that opportunity. She stated that agenda items such as these and the pesticide issue are important and she feels the citizens should have the opportunity to discuss them with the Council. She stated that the City needs to be able to control costs and deal with the issues that are before them and not just pass along responsibility to another company. Chris Rotunno, 5525 Howards Point Road, stated that week after week there have been half- truths and misinformation shared by a few individuals at the Council meeting. He commended the City for allowing these individuals to speak over and over again. He stated that he feels what he just heard this evening holds about one-quarter of the truth, but did not intend to turn this into a debate in front of the Council. He stated that because these individuals have been coming and speaking at the Council meetings without rebuttal, he feels it misleads the rest of the community. He would ask that rather than let this ‘circus’ continue, he would ask that the Council just shut them down because he is tired of their attacks on the City and Mayor Labadie. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Service Recognition – Dara Gault – Planning Commission On behalf of Council and the residents of Shorewood, Mayor Labadie expressed the City’s appreciation for the service of former Planning Commission Gault for the years 2019-2022. Planning Director Darling commended Mr. Gault for the time and research he put into each item that came before the Planning Commission. 6. PARKS A. Report by Commissioner Tauer on March 8, 2022 Meeting Park Commission meeting Park Commissioner Tauer gave an overview of the March 8, 2022 Park Commission meeting as reflected in the minutes. B. Christmas Lake Public Access Ordinance City Administrator Lerud explained that this ordinance is a culmination of an overall evaluation of the use of the space at the landing area. He stated that the Christmas Lake Homeowners Association has led a multi-year effort for aquatic invasive species control at the landing by conducting inspections and cleaning boats. He gave a brief overview of the usual practices for the landing area, gate access, and parking. He stated that staff has had discussion about possible electronic signage on Radisson Road that would let drivers know how many spaces are available in order to eliminate the need for boats and trailers to back down the road. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 14, 2022 Page 3 of 8 Mayor Labadie noted that the Christmas Lake HOA had been very active and thanked them for the e-mail that they submitted to the City this morning. Councilmember Callies noted a minor typographical error within the ordinance under paragraph (c) she noted that this referenced section ‘g’ but believes it should be ‘f’. City Administrator Lerud agreed that this was correct and would make that change. Councilmember Callies stated that she would like to see the signage out on Radisson Road. Councilmember Johnson agreed that this ordinance makes a lot of sense especially because kayaks and paddleboards are far more popular now than before. Johnson moved, Gorham seconded, Adopting ORDINANCE NO. 586, “An Ordinance Establishing Section 902.05, Subdivision 4 of the City Code of Ordinances, Establishing Regulations for the Christmas Lake Boat Landing and Adjacent Parking Lot.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 7. PLANNING A. Report by Commissioner Riedel on March 1, 2022 Meeting Planning Commissioner Riedel gave an overview of the March 1, 2022 meeting as outlined in the minutes. B. CUP for Co-location of Antennas on Existing Tower SMJ International, LLC (Dish Wireless) 24283 Smithtown Road Planning Director Darling explained that this request is for a Conditional Use Permit to install three antennas in a triangular array and associated ground equipment on an existing monopole at 24283 Smithtown Road within the existing fenced enclosure. Staff and the Planning Commission recommend approval. She noted that there is a condition included that the installation needs to occur outside of the osprey nesting season. Councilmember Gorham asked how long ago the City had considered a similar application. Planning Director Darling noted that it was about a year ago with a different provider, but there was a similar application from this provider in 2019. Councilmember Gorham asked if the applicant had successfully dealt with the osprey situation in the past. Planning Director Darling confirmed that the tower owner and the other provider have and obtained a permit from the DNR in the off season to remove the osprey nest for routine maintenance. Gorham moved, Siakel seconded, Adopting RESOLUTION NO. 22-026, “A Resolution Approving a Conditional Use Permit for an Antenna Collocation on an Existing Monopole and Related Equipment at 24283 Smithtown Road.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 14, 2022 Page 4 of 8 8. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications and Authorize for Advertisement for Bids for Smithtown Pond/Shorewood Oaks Drainage Project, City Projects 20-07 and 20-04 City Engineer Budde explained that on January 25, 2021, the Council approved the scoping study and authorized preparation of the plans and specifications for the Smithtown Pond project. He noted that the City had completed the Western Shorewood Drainage Study and the Smithtown Pond is a major component of the overall study with its proposed location at 26245 Smithtown Road to provide significant improvement in the drainage of the upstream areas. He stated that it is planned to be an area where drainage from Strawberry Lane will be routed and provide treatment for a future road reconstruction project that is slated for 2023 and is also sized to take the additional drainage, hold it, and release it at a slower rate to the downstream Grant Lorenz channel which will held reduce the erosion and sloughing of the slopes. He stated that this project would also include some improvements to the basins in Freeman Park and noted that the City has also been coordinating with the Hennepin County Regional Rail Authority and Three Rivers Park District on replacement of a culvert under the trail as part of this project, which will require a detour of the trail while the work is done. He stated that this will also help resolve the drainage concerns that are in the Shorewood Oaks development where there is some fairly deep drain tile that has caused back-ups into a number of homes. The City has acquired the major permits that are required for this project, received approval from the Minnehaha Creek Watershed District, and received a permit from the Army Corps of Engineers. He explained that the City had budgeted $2,172,000 for this project out of three CIP items and noted that the Hennepin County Regional Rail Authority is expected to provide $38,680 to cover the costs of replacing the culvert. He reviewed the tentative timeline and schedule for construction to begin in the summer of 2022, substantially completed the Shorewood Oaks drainage improvements by October 2022, and substantial completion of the entire project by March 2023. Councilmember Gorham asked for more details about the process involved in getting a permit from the Army Corps of Engineers. He stated that it appeared to be very robust and thorough review by a very impartial third party. City Engineer Budde stated that the Army Corps of Engineers permit specifically addresses wetlands and stream impacts. He gave an overview of the channel that runs through Freeman Park and this property and explained that ultimately what the City needs to do is minimize impacts to the wetlands and streams. He noted that many of the agencies that review these types of projects, review them contingent upon each other and also have independent engineering companies reviewing them on their behalf. Councilmember Gorham stated that Strawberry Lane was mentioned and he noted that he wanted to dispel the idea that somehow the City’s engineers are somehow designing projects to benefit themselves. He stated that the City Engineers take their direction from the City Council, and the third party contractors along with the engineers are critical to functioning as a City because they cannot just do it on their own with just Public Works and in-house design staff. He noted that he had never met an engineer who had designed a project just to fill the coffers of his own vice- president. Councilmember Siakel stated that the topic of drainage, water, and stormwater management has been on the Council agenda for the last six or seven years. She stated that this project has not been done in a vacuum and is meant to be something that is very comprehensive and has been studied in that manner. She stated that to Councilmember Gorham’s point, the City went out of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 14, 2022 Page 5 of 8 its normal engineering channel and went to the water experts which was Barr Engineering, to do the work to study the situation and bring back a plan that solves problems for an entire area and not just one neighborhood. She stated that one thing that has not been mentioned is that all this water ultimately ends up in Lake Minnetonka. She stated that this has been thoroughly studied and she would reject any claims that there has been any misappropriation or that it has not been well thought out. She stated that it has been reviewed by the Minnehaha Creek Watershed District, the Army Corps of Engineers, and Barr Engineering. She explained that she felt that the City had done everything it could to ensure that there is a plan that meets the needs of the City. She stated that she was on the Council when the family of the gentleman who lived on Smithtown Road had passed away came and did their presentation to the City. She stated that she totally rejects the idea that anyone was treated unfairly. She stated that this has been well thought out, well planned, well scrutinized by multiple agencies, and will be beneficial when it has been completed. She stated that at one point there was discussion about adding a walking path through the area so there may be the added benefit of a trail for the public to use and asked if that was still included in the plans. City Engineer Budde stated that there are plans to make a trail connection from Smithtown Road to the Lake Minnetonka Regional Trail. He stated that in addition to a trail for public use it will also serve as access to the City to maintain the infrastructure that will be built with this project. Councilmember Johnson stated that he would echo the comments made by Councilmember Siakel and noted that during his time on the Council he has received more inquiries about how to improve drainage than any other issue. Gorham moved, Siakel seconded, Adopting RESOLUTION NO. 22-027, “A Resolution Approving the Plans and Specifications and Authorizing Bidding for the Smithtown Pond/Shorewood Oaks Drainage Project, City Projects 20-07 and 20-04.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 9. GENERAL/NEW BUSINESS A. Redistricting: Declare New Precinct Boundaries and Polling Place Locations City Clerk/HR Director Thone explained the City is in the final phase of redistricting and redrawing the City’s precinct boundaries which are due March 29, 2022. She stated that the City’s legislative district was split which resulted in two legislative districts, 45A and 45B, which required redrawing the precinct boundaries. She stated that another issue was with regard to the polling place for the islands which was formerly in a residence and in 2020 had to be moved to the community center under an emergency order due to the pandemic. This resulted in combining Precinct 1 and Precinct 2 to create a new Precinct 1 that will now have a polling placing located within the boundaries and is fully compliant with state law. She stated that these proposed changes will reflect four precincts in the city limits versus the previous five. She provided an overview of the proposed precinct boundaries and polling places for each voting district. She noted that the City’s proposed precincts were submitted to Hennepin County on February 23, 2022. Councilmember Johnson asked about the map that appears to show a big swatch of area that extends out into Lake Minnetonka. City Clerk/HR Director Thone explained that all property is assigned and encompassed within a precinct pursuant to State Statute. That includes lakes and parks, she explained, and sometimes that apportion allows for odd shapes. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 14, 2022 Page 6 of 8 Councilmember Gorham asked why a precinct was needed for Cathcart Park if no one is there. City Clerk/HR Director Thone explained that if it were to ever be redeveloped, it is part of State statute that every piece of land in the State has to be assigned a precinct. Councilmember Gorham asked why it would not just be included with Precinct 1. City Administrator Lerud noted that Cathcart Park is also located within Carver County so it needs to have its own precinct. City Clerk/HR Director Thone noted that there have been some talks about allowing this area to become part of Hennepin County. Councilmember Siakel asked about the people on the island. She stated that they have always taken a lot of pride in voting in the house that is historical for them. She stated that this will be a big change and asked if anything had been done to communicate with those residents and explain why the change was needed. City Clerk/HR Director Thone stated that the City did reach out to them and sent letters to everyone who lives on the islands and also communicated with some of the election judges. She stated that they asked for their feedback and did not receive any comments from the residents, but did discuss it extensively with the election judges. She stated that she is hopeful that receiving no comments was a sign that nobody is protesting this change. City Administrator Lerud noted that he had received one call from a resident who understood the reason for the change, but were disappointed that they were losing this tradition. He noted that during the last election 88 percent of the island residents voted absentee. Callies moved, Labadie seconded, Adopting RESOLUTION NO. 22-028, “A Resolution Establishing Precincts and Polling Places.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. B. Letter of Agreement with IPM Institute City Administrator Lerud explained that the Council had directed staff to prepare an agreement to develop an Integrated Pest Management plan for the City. He stated that he had the dollar amount incorrect in the original memo and noted that it is a bit higher than presented but is still about $2,000 less than the next low quote the City received. Staff recommends approval of the agreement, as presented. Councilmember Gorham stated that to address an earlier comment that was made, he asked when updates will occur with the work that is going on. City Administrator Lerud stated that the agreement calls for IPM to have the draft plan done by May 1, 2022, and he envisions that this would happen at a work session where they would also take some public comment. Councilmember Gorham asked if there was also an aspect to this agreement that called for yearly updates. City Administrator Lerud stated that once the plan is formally adopted by the City then there will be regular updates for the Council and noted that staff will check-in regularly with IPM. Councilmember Siakel stated that this was something that was recommended by and had the approval of the Humming for Bees organization. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 14, 2022 Page 7 of 8 City Administrator Lerud clarified that this was the firm that the Humming for Bees organization had recommended. Callies moved, Siakel seconded, Adopting RESOLUTION NO. 22-029, “A Resolution Approving an Agreement with the IPM Institute to Prepare and Assist in Implementing an Integrated Pest Management Program.” Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Tree Sale and Organics Recycling City Administrator Lerud noted that this is an informational item and explained that the tree sale started on March 1, 2022 and has been very popular. He stated that the City is working with the City of Deephaven regarding an organics drop-off site and the City is using the Hennepin County grant funds for that work. He stated that if anyone has any specific questions he would encourage them to reach out to Communications and Recycling Coordinator Moore. Other Public Works Director Brown stated that seasonal weight restrictions will go into effect at midnight on March 16, 2022. Finance Director Rigdon noted that the City had its financial audit field work performed last week and everything has gone well. Planning Director Darling stated that the new Planning Technician, Jason Carlson, will begin March 21, 2022 City Attorney Shepherd stated that the Court of Appeals issued its opinion in the City of Shorewood vs. Sanschagrin matter this morning. He stated that there will be a special closed session meeting to discuss this opinion sometime next week. He stated that because of some of the comments made at the beginning of the meeting, he wanted to reiterate his previous statement that the City Council meeting is a business meeting, which means they are here to take information, pass ordinances and resolutions. He stated that sometimes the Council does take public comments on various matters, but they are not required to take public comment on every matter that is in front of them. He stated that there are statutory requirements for matters that require public hearings that the City abides by. He stated that he wanted to make it clear that the Council is proceeding in a way that every other city does with respect to moving through its agenda. City Administrator Lerud stated that he believes the audit will be presented to the Council at the second meeting in April. He stated that the City has conducted interviews for a Public Works LEO and have extended a verbal offer that has been accepted and following the appropriate background checks will come before the Council for consideration at their first meeting in April. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 14, 2022 Page 8 of 8 B. Mayor and City Council Mayor Labadie stated that she held Coffee with the Mayor at the Pillars of Shorewood Landing with guest speaker, former City Mayor Scott Zerby which was very well attended. She explained that he had given a presentation on a history of Shorewood called, ‘We Have Them Surrounded’. She stated that earlier today she attended the Regional Council of Mayors meeting. She noted that recently, LMCC helped her film the State of the City address which should be available within the next two weeks. 11. ADJOURN Gorham moved, Johnson seconded, Adjourning the City Council Regular Meeting of March 14, 2022, at 8:11 P.M. Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING MEETING HELD VIRTUALLY MONDAY, MARCH 23, 2022 4:00 P.M. MINUTES 2C 1. CONVENE CITY COUNCIL SPECIAL MEETING Mayor Labadie called the meeting to order at 4:02 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel (arrived at 4:12), Gorham, and Callies; City Attorney Shepherd; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; and Jana Sullivan. Absent: None Mayor Labadie moved, Johnson seconded, to close the meeting as permitted by Minn. Stat. § 13D.05, subd. 3(b) for a confidential attorney-client privileged discussion regarding the following pending litigation: In the Matter of Alan Yelsey v. City of Shorewood, in the Office of Administrative Hearings with Docket Number: 05-0305-38230; and In the Matter of Alan Yelsey v. Shorewood City Officials: Greg Lerud, Paula Callies, Jennifer Labadie, Nathanial Gorham, Patrick Johnson, Debbie Siakel, in the Office of Administrative Hearings with Docket Number 20-0325-38229; and City of Shorewood v. Guy Gerald Sanschagrin, et al, in the Minnesota Court of Appeals, with File Number A21- 0992, and with District Court File Number 27-CV-19-15159 Roll Call Vote: Johnson, Callies, Gorham, and Labadie voted Aye. Motion Passed. The City Council entered into closed session at 4:06 P.M. The City Council returned to open session at 5:33 P.M. Johnson moved, Gorham seconded, Adjourning the City Council Special Meeting of March 23, 2022, at 5:43 P.M. Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk #2 D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Verified Claims Meeting Date: April 11, 2022 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. 67299 - 67336 & ACH 814,954.06 Total Claims $814,954.06 We have also included a payroll summary for the payroll period ending March 13 & 27, 2022 Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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%'7!-_()*(+*,(,,-.-//")(-01`#@3 -/(  !"#$%&!'$(#)"*+"!,-!.+/01-$+%'0+$,##+%&.-2$)3$4$)$#$ -+Z(SZ/TC,( U7&@A-<7!-69 :;-K4%" -++ U7&@A-7<-W42> !-7<-69 :;" 0#.67284& !-69 :;-#!77<-=$&->5-? %'7!-_()*(+*,(,,-.-//")(-01`#@3 -// 2E MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Authorize Professional Service Agreement with MNSPECT for Consulting Inspector Services Meeting Date: March 22, 2021 Prepared By: Marie Darling, Planning Director Reviewed By: Greg Lerud, City Administrator Attachments: Professional Service Agreement Resolution Background: MNSPECT was recently purchased by a new firm, SAFEbuilt, and that firm, while keeping MNSPECT as the business name, has proposed an updated contract for city consideration. The city has been using MNSPECT to provide support for the Building Official for many years and their service has been reliable and thorough. They have adapted well to the new permitting and paperless inspections. The principal change from the previous agreement are changes to the hourly rate for their inspectors. Due to increasing costs and inflation, MNSPECT is increasing their rates from the previous $35 per ½ hour to $42.50 per each ½ hour. The minimum fee is 1 hour. MNSPECT has primarily been providing inspections services on Mondays and ½ day on Tuesdays, as needed, and also completing all the requested inspections when the Building Official is on leave. Financial or Budget Considerations: The protective inspections budget currently includes $29,700 for contractual services which includes obligations for MNSPECT, the city’s permitting software (Iworq), etc. The amount budgeted should be adequate to cover the anticipated increase. Additionally, staff will be reviewing the permit fees for small projects, such as plumbing and mechanical permits, to ensure that we are collecting sufficient revenue to cover operating expenses. Staff is completing more inspections by video and photos to avoid increasing permit costs wherever possible. Recommended Action: Staff recommends authorizing the Professional Services Agreement with MNSPECT. Action requires a simple majority vote. Next Steps and Timeline: Staff will inform the company of the council’s decision and execute the agreement. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SHOREWOOD, MINNESOTA AND MNSPECT, LLC This Professional Services Agreement (“Agreement”) is made and entered into by and between City of Shorewood, Minnesota, (“Municipality”) and MNSPECT, LLC, a wholly owned subsidiary of SAFEbuilt, LLC, (“Consultant”). Municipality and Consultant shall be jointly referred to as “Parties”. RECITALS WHEREAS, Municipality is seeking a consultant to perform the services listed in Exhibit A – List of Services, (“Services”); and WHEREAS, Consultant is ready, willing, and able to perform Services. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Municipality and Consultant agree as follows: 1. SCOPE OF SERVICES Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the elected body of Municipality, state laws and regulations. The qualified professionals employed by Consultant will maintain current certifications, certificates, licenses as required for Services that they provide to Municipality. Consultant is not obligated to perform services beyond what is contemplated by this Agreement. Consultant shall provide the Services using the City’s standard software package. Municipality, at its sole expense, shall provide such technical support, equipment or other facilities as Consultant may reasonably request. 2. CHANGES TO SCOPE OF SERVICES Any changes to Services between Municipality and Consultant shall be made in writing that shall specifically designate changes in Service levels and compensation for Services. Both Parties shall determine a mutually agreed upon solution to alter services levels and a transitional timeframe that is mutually beneficial to both Parties. No changes shall be binding absent a written Agreement or Amendment executed by both Parties. 3. FEE STRUCTURE In consideration of Consultant providing services, Municipality shall pay Consultant for Services performed in accordance with Exhibit B – Fee Schedule for Services. 4. INVOICE & PAYMENT STRUCTURE Consultant will invoice Municipality, on a monthly basis and provide all necessary supporting documentation. All payments are due to Consultant within 30 days of Consultant’s invoice date. Payments owed to Consultant but not made within sixty (60) days of invoice date shall bear simple interest at the rate of one and one-half percent (1.5%) per month. If payment is not received within ninety (90) days of invoice date, Services will be discontinued until all invoices and interest are paid in full. Municipality may request, and Consultant shall provide, additional information before approving the invoice. When additional information is requested Municipality will identify specific disputed item(s) and give specific reasons for any request. Undisputed portions of any invoice shall be due within 30 days of Consultants invoice date, if additional information is requested, Municipality will submit payment within thirty (30) days of resolution of the dispute. Page 1 of 11 5. TERM This Agreement shall be effective on the latest date on which this Agreement is fully executed by both Parties. The initial term of this Agreement shall be thirty-six (36) months. Agreement shall automatically renew for subsequent twelve (12) month terms until such time as either Party notifies the other of their desire to terminate this Agreement. 6. TERMINATION Either Party may terminate this Agreement upon ninety (90) days written notice without cause and with no penalty or additional cost beyond the rates stated in this Agreement. This Agreement may be terminated for cause at any time if either Party to this Agreement should materially breach any material provision herein. In such case, the non-breaching party will notify the breaching party in writing specifying the respect in which such party has breached the Agreement. In the event that such breach is not remedied to the reasonable satisfaction of the non-breaching party within thirty (30) calendar days after delivery of the above notice, the non-breaching party may, by written notice to the breaching party, terminate this Agreement, effective immediately. If the breach is cured to the satisfaction of the non-breaching party, this Agreement shall continue as if no breach had occurred. Consultant shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of termination with or without cause. 7. FISCAL NON-APPROPRIATION CLAUSE Financial obligations of Municipality payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Municipality, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 8. MUNICIPALITY OBLIGATIONS Municipality shall timely provide all data information, plans, specifications and other documentation reasonably required by Consultant to perform Services (Materials). Municipality has the right to grant and hereby grants Consultant a fully paid up, non-exclusive, non-transferable license to use the Materials in accordance with the terms of this Agreement. 9. PERFORMANCE STANDARDS Consultant shall perform the Services using that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing or performing the substantially same or similar services. Consultant represents to Municipality that Consultant retains employees that possess the skills, knowledge, and abilities to competently, timely, and professionally perform Services in accordance with this Agreement. 10. INDEPENDENT CONTRACTOR Consultant is an independent contractor, and, except as provided otherwise in this section, neither Consultant, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of Municipality. Municipality shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing services for Municipality under this Agreement. Consultant shall be solely responsible for all compensation, benefits, insurance and employment-related rights of any person providing Services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with Consultant. Consultant and Municipality agree that Consultant will provide similar service to other clients while under contract with Municipality and Municipality acknowledges that Consultant employees may provide similar services to multiple clients. Consultant shall at its sole discretion assign and reassign qualified employees, as Page 2 of 11 determined by Consultant, to perform services for Municipality. Municipality may request that a specific employee be assigned to or reassigned from work under this Agreement and Consultant shall consider that request when determining staffing. Consultant shall determine all conditions of employment for its employees, including hours, wages, working conditions, promotion, discipline, hiring and discharge. Consultant exclusively controls the manner, means and methods by which services are provided to Municipality, including attendance at meetings, and Consultant’s employees are not subject to the direction and control of Municipality. Except where required by Municipality to use Municipality information technology equipment or when requested to perform the services from office space provided by the Municipality, Consultant employees shall perform the services using Consultant information technology equipment and from such locations as Consultant shall specify. No Consultant employee shall be assigned a Municipal email address as their exclusive email address and any business cards or other IDs shall state that the person is an employee of Consultant or providing Services pursuant to a contractual agreement between Municipality and Consultant. It is the intention of the Parties that, to the greatest extent permitted by applicable law, Consultant shall be entitled to protection under the doctrines of governmental immunity and governmental contractor immunity, including limitations of liability, to the same extent as Municipality would be in the event that the services provided by Consultant were being provided by Municipality. Nothing in this Agreement shall be deemed a waiver of such protections. 11. ASSIGNMENT AND SUBCONTRACT Neither party shall assign all or part of its rights or obligations under this Agreement to another entity without the written approval of both Parties; consent shall not be unreasonably withheld. Notwithstanding the preceding, Consultant may assign this Agreement in connection with the sale of all or substantially all of its assets or ownership interest, effective upon notice to Municipality, and may assign this Agreement to its parent, subsidiaries or sister companies (Affiliates) without notice to Municipality. Consultant may subcontract any or all of the services to its Affiliates without notice to Municipality. Consultant may subcontract any or all of the services to other third parties provided that Consultant gives Municipality prior written notice of the persons or entities with which Consultant has subcontracted. Consultant remains responsible for any Affiliate’s or subcontractor’s performance or failure to perform. Affiliates and subcontractors will be subject to the same performance criteria expected of Consultant. Performance clauses will be included in agreements with all subcontractors to assure quality levels and agreed upon schedules are met. 12. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall defend, indemnify, and hold harmless Municipality, its elected and appointed officials, employees and volunteers and others working on behalf of Municipality, from and against any and all third-party claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities (“Claims”) alleging personal injury, including bodily injury or death, and/or property damage, but only to the extent that any such Claims are caused by the negligence of Consultant or any officer, employee, representative, or agent of Consultant. Consultant shall have no obligations under this Section to the extent that any Claim arises as a result of Consultants compliance with Municipal law, ordinances, rules, regulations, resolution, executive orders or other instructions received from Municipality. To the fullest extent permitted by law and without waiver of governmental immunity, Municipality shall defend, indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from and against any and all Claims alleging personal injury, including bodily injury or death, and/or property damage, but only to the extent that such Claims are caused by (a) the negligence of, or material breach of any obligation under this Agreement by, Municipality or any officer, employee, representative, or agent of Municipality or (b) Consultant’s compliance with Municipal law, ordinances, rules, regulations, resolutions, executive orders or other instructions received from Municipality. If either Party becomes aware of any Page 3 of 11 incident likely to give rise to a Claim under the above indemnities, it shall notify the other and both Parties shall cooperate fully in investigating the incident. 13. LIMITS OF LIABILITY EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH HEREIN, CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM MUNICIPALITY’S PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL CONSULTANT OR MUNICIPALITY BE LIABLE TO ONE ANOTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, INDEMNITY, NEGLIGENCE, WARRANTY, STRICT LIABILITY, OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMAINING REMEDY. EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF FEES PAID TO CONSULTANT PURSUANT TO THIS AGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES). 14. INSURANCE A. Consultant shall procure and maintain and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below throughout the term of this Agreement. Such coverages shall be procured and maintained with forms and insurers acceptable to Municipality. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. B. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of one million dollars ($1,000,000) bodily injury each accident, one million dollars ($1,000,000) bodily injury by disease – policy limit, and one million dollars ($1,000,000) bodily injury by disease – each employee. C. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent Consultant’s, and products. The policy shall contain a severability of interest provision and shall be endorsed to include Municipality and Municipality’s officers, employees, and consultants as additional insureds. D. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim and two million dollars ($2,000,000) general aggregate. E. Automobile Liability: If performance of this Agreement requires use of motor vehicles licensed for highway use, Automobile Liability Coverage is required that shall cover all owned, non-owned, and hired automobiles with a limit of not less than $1,000,000 combined single limit each accident. F. Municipality shall be named as an additional insured on Consultant’s insurance coverage. G. Prior to commencement of Services, Consultant shall submit certificates of insurance acceptable to Municipality. Page 4 of 11 15. THIRD PARTY RELIANCE This Agreement is intended for the mutual benefit of Parties hereto and no third-party rights are intended or implied. 16. OWNERSHIP OF DOCUMENTS Except as expressly provided in this Agreement, Municipality shall retain ownership of all Materials and of all work product and deliverables created by Consultant pursuant to this Agreement. The Materials, work product and deliverables shall be used by Consultant solely as provided in this Agreement and for no other purposes without the express prior written consent of Municipality. As between Municipality and Consultant, all work product and deliverables shall become the exclusive property of Municipality when Consultant has been compensated for the same as set forth herein, and Municipality shall thereafter retain sole and exclusive rights to receive and use such materials in such manner and for such purposes as determined by it. Notwithstanding the preceding, Consultant may use the Materials, work product, deliverables, applications, records, documents and other materials provided to perform the Services or resulting from the Services, for purposes of (i) benchmarking of Municipality’s and other client’s performance relative to that of other groups of customers served by Consultant; (ii) improvement, development marketing and sales of existing and future Consultant services, tools and products; (iii) monitoring Service performance and making improvements to the Services. For the avoidance of doubt, Municipality Data will be provided to third parties, other than hosting providers, development consultants and other third parties providing services for Consultant, only on an anonymized basis and only as part of a larger body of anonymized data. If this Agreement expires or is terminated for any reason, all records, documents, notes, data and other materials maintained or stored in Consultant’s secure proprietary software pertaining to Municipality will be exported into a CSV file and become property of Municipality. Notwithstanding the preceding, Consultant shall own all rights and title to any Consultant provided software and any improvements or derivative works thereof. Upon reasonable prior written notice, Municipality and its duly authorized representatives shall have access to any books, documents, papers and records of Consultant that are related to this Agreement for the purposes of audit or examination, other than Consultant’s financial records, and may make excerpts and transcriptions of the same at the cost and expense of Municipality. 17. CONSULTANT ACCESS TO RECORDS Parties acknowledge that Consultant requires access to Records in order for Consultant to perform its obligations under this Agreement. Accordingly, Municipality will either provide to Consultant on a daily basis such data from the Records as Consultant may reasonably request (in an agreed electronic format) or grant Consultant access to its Records and Record management systems so that Consultant may download such data. Data provided to or downloaded by Consultant pursuant to this Section shall be used by Consultant solely in accordance with the terms of this Agreement. Consultant will have access to data collected or maintained by the Municipality to the extent necessary to perform Consultant's obligations under this agreement. Consultant agrees to maintain all data obtained from the Municipality in the same manner as the Municipality is required to maintain such data under the Minnesota Government Data Practices Act, Minnesota Statutes Ch. 13 ("MGDPA"). Consultant will not release or disclose the contents of data classified by the MGDPA as not public to any person except at the written direction of the Municipality or other legally binding request. Consultant agrees to defend and indemnify the Municipality from any claim, liability, damage or loss asserted against the Municipality to the extent caused by Consultant's failure to comply with applicable requirements of the MGDPA or this Agreement. Upon termination of this Agreement, Consultant agrees to return all such data as requested by the City. Page 5 of 11 18. CONFIDENTIALITY Consultant shall not disclose, directly or indirectly, any confidential information or trade secrets of Municipality without the prior written consent of Municipality or pursuant to a lawful court order directing such disclosure. 19. CONSULTANT PERSONNEL Consultant shall employ a sufficient number of experienced and knowledgeable employees to perform Services in a timely, polite, courteous and prompt manner. Consultant shall determine appropriate staffing levels and shall promptly inform Municipality of any reasonably anticipated or known employment-related actions which may affect the performance of Services. Additional staffing resources shall be made available to Municipality when assigned employee(s) is unavailable. 20. DISCRIMINATION & ADA COMPLIANCE Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability, national origin or any other category protected by applicable federal or state law. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of Equal Opportunity laws. Consultant shall comply with the appropriate provisions of the Americans with Disabilities Act (the “ADA”), as enacted and as from time to time amended, and any other applicable federal regulations. A signed certificate confirming compliance with the ADA may be requested by Municipality at any time during the term of this Agreement. 21. E-VERIFY/VERIFICATION OF EMPLOYMENT STATUS Pursuant to FS 448.095, Consultant certifies that is it registered with and uses the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Consultant during the term of the Agreement. Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement and will verify immigration status to confirm employment eligibility. If Consultant enters into a contract with a subcontractor to perform work or provide services pursuant to the Agreement, Consultant shall likewise require the subcontractor to comply with the requirements of FS 448.095, and the subcontractor shall provide to Consultant an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. Consultant will maintain a copy of such affidavit for the duration of its contract with owner. Consultant is prohibited from using the E-Verify program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 22. SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to Municipality pursuant to this Agreement (“Service Providers”), or who interacted with Municipality in connection with the provision of such services (including but not limited to supervisors or managers of Service Providers, customer relations personnel, accounting personnel, and other support personnel of Consultant). Parties agree that this provision is reasonable and necessary in order to preserve and protect Consultant’s trade secrets and other confidential information, its investment in the training of its employees, the stability of its workforce, and its ability to provide competitive building department programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in scope or otherwise unenforceable, Parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable. In the event that Municipality hires any such employee during the specified period, Municipality shall pay to Consultant a placement fee equal to 25% of the employee’s annual salary including bonus. Page 6 of 11 23. COMPLAINTS AND APPEALS Any complaint about Consultant received by Municipality shall be forwarded to Consultant’s representative listed in Notices Section of this Agreement. Municipality shall provide specific complaint details to the extent allowed by law. Consultant will submit a response to the Municipality within ten (10) business days of receipt. MN Rule 1300.0230 provides a mechanism for persons aggrieved by an order, decision, or determination of the Building Official to appeal under the State Building Code. In the event a Municipality does not have an appeals board, appeals will be heard by the State of Minnesota appeals board. All other appeals of Consultant decisions will proceed as required by applicable section of the Municipal code or state law. 24. NOTICES Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in person, or sent, pre-paid, first class United States Mail, or delivered by electronic mail to the following addresses: If to Municipality: If to Consultant: Greg Lerud, City Administrator Joe DeRosa, CRO City of Shorewood SAFEbuilt, LLC 5755 Country Club Road 444 N. Cleveland, Suite 444 Shorewood, Minnesota Loveland, CO 80537 Email: glerud@ci.shorewood.mn.us Email: jderosa@safebuilt.com 25. FORCE MAJEURE Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of payment obligations) which is caused by events beyond the reasonable control of such party, shall not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing such performance. 26. DISPUTE RESOLUTION In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, Parties agree first to try in good faith to settle the dispute by mediation, before resorting to arbitration, litigation, or some other dispute resolution procedure. The cost thereof shall be borne equally by each Party. 27. ATTORNEY’S FEES In the event of dispute resolution or litigation to enforce any of the terms herein, each Party shall pay all its own costs and attorney’s fees. 28. AUTHORITY TO EXECUTE The person or persons executing this Agreement represent and warrant that they are fully authorized to sign and so execute this Agreement and to bind their respective entities to the performance of its obligations hereunder. 29. CONFLICT OF INTEREST Consultant shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for Consultant with regard to providing the Services pursuant to this Agreement. Consultant shall not offer or provide anything of benefit to any Municipal official or employee that would place the official or employee in a position of violating the public trust as provided under Municipality’s charter and code of ordinances, state or federal statute, case law or ethical principles. Page 7 of 11 30. GOVERNING LAW AND VENUE The negotiation and interpretation of this Agreement shall be construed under and governed by the laws of the State of Minnesota, without regards to its choice of laws provisions. Exclusive venue for any action under this Agreement, other than an action solely for equitable relief, shall be in the state and federal courts serving Municipality and each party waives any and all jurisdictional and other objections to such exclusive venue. 31. COUNTERPARTS This Agreement and any amendments or task orders may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Agreement, scanned signatures shall be as valid as the original. 32. ELECTRONIC REPRESENTATIONS AND RECORDS Parties hereby agree to regard electronic representations of original signatures as legally sufficient for executing this Agreement and scanned signatures emailed by PDF or otherwise shall be as valid as the original. Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 33. WAIVER Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 34. ENTIRE AGREEMENT This Agreement, along with attached exhibits, constitutes the complete, entire and final agreement of the Parties hereto with respect to the subject matter hereof, and shall supersede any and all previous agreements, communications, representations, whether oral or written, with respect to the subject matter hereof. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on the dates hereinafter enumerated. ______________________________ ____________________ Avner Alkhas, Chief Financial Officer Date MNSPECT, LLC ______________________________ ____________________ Signature Date City of Shorewood, Minnesota _____________________________ Name and Title City of Shorewood, Minnesota (Balance of page left intentionally blank) Page 8 of 11 EXHIBIT A – LIST OF SERVICES 1. LIST OF SERVICES Residential Inspection Services  Consultant utilizes an educational, informative approach to improve the customer’s experience.  Perform code compliance inspections to determine that construction complies with approved plans  Meet or exceed agreed upon performance metrics regarding inspections  Provide onsite inspection consultations to citizens and contractors while performing inspections  Return calls and emails from permit holders in reference to code and inspection concerns  Identify and document any areas of non-compliance  Leave a copy or provide an electronic version of the inspection results and discuss inspection results with site personnel Plan Review Services  Provide plan review services electronically or in the traditional paper format  Review plans for compliance with adopted building codes, local amendments or ordinances  Be available for pre-submittal meetings by appointment  Coordinate plan review tracking, reporting, and interaction with applicable departments  Provide feedback to keep plan review process on schedule  Communicate plan review findings and recommendations in writing  Return a set of finalized plans and all supporting documentation  Provide review of plan revisions and remain available to applicant after the review is complete Reporting Services  Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format 2. MUNICIPAL OBLIGATIONS  Municipality will issue permits and collect all fees  Municipality will provide Consultant with a list of requested inspections and supporting documents  Municipality will intake plans and related documents for pick up by Consultant or submit electronically 3. TIME OF PERFORMANCE  Consultant will perform Services during normal business hours excluding Municipal holidays  Services will be performed on an as-requested basis  Consultant representative(s) will be available by phone and email Deliverables INSPECTION SERVICES Perform inspections scheduled prior to 4:00 pm by the end of the next business day or as agreed upon PLAN REVIEW Provide comments within the following timeframes: TURNAROUND TIMES Day 1 = first full business day after receipt of plans and all supporting documents Project Type: Completeness Check From Complete Submittal  Commercial (IBC) 5 business days or less 10 - 15 business days or less  Residential (IRC) 2 business days or less 5 - 7 business days or less Note: Submittal of 8.5” x 11” and/or 11” x 17” color plans may reduce turnaround time by up to two (2) days Page 9 of 11 EXHIBIT B – FEE SCHEDULE FOR SERVICES 1. FEE SCHEDULE  Beginning January 01, 2023 and annually thereafter, the hourly and flat rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.  Consultant fees for Services provided pursuant to this Agreement will be as follows: Service Fee Schedule: Residential Inspection Services  Travel time waived for one (1) roundtrip if minimum number of continuous inspections is three (3) $42.50 per ½ hour / one (1) hour minimum  Gaps in the inspection schedule paid at $42.50 per ½ hour gap  More than one (1) continuous gap charge is $42.50 for an additional roundtrip After Hours/Emergency Inspection Services $125.00 per hour – two (2) hour minimum 75% of Municipal Permit Fee as established by Plan Review Services ordinance or resolution Building Official/Management Team Services $150.00 per hour – one (1) hour minimum  Mutually approved by Parties $75.00 per hour – one (1) hour minimum  Clerical Svcs Hourly inspection time tracked includes roundtrip travel time between Consultant’s location and Municipality or first inspection site. Time tracked will end when the inspector completes the last scheduled inspection or leaves Municipal office. Time tracked will include travel time between inspection sites and all administrative work related to inspection support. Page 10 of 11 EXHIBIT C – MUNICIPAL SPECIFIED OR SAFEBUILT PROVIDED SOFTWARE 1. Consultant shall provide Services pursuant to this Agreement using hardware and Consultant’s standard software package, unless otherwise provided below. Use of Consultant’s software shall be subject to the applicable terms of service, privacy and other policies published by Consultant with respect to that software, as those policies may be amended from time to time. In the event that Municipality requires that Consultant utilize hardware and/or software specified by and provided by Municipality, Consultant shall use reasonable commercial efforts to comply with Municipal requirements. 2. Municipality, at its sole expense, shall provide such technical support, equipment or other facilities as Consultant may reasonably request to permit Consultant to comply with Municipal requirements. Municipality will provide the following information to Consultant.  Municipal technology point of contact information including name, title, email and phone number  List of technology services, devices and software that the Municipality will provide may include:  Client network access  Internet access  Proprietary or commercial software and access  Computer workstations/laptops  Mobile devices  Printers/printing services  Data access  List of reports and outputs Page 11 of 11 RESOLUTION NO. 22-030 CITY OF SHOREWOOD COUNTY OF HENNIPIN STATE OF MINNESOTA A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH MNSPECT WHEREAS, the City of Shorewood (“City”) has had a contract to provide on-demand building inspection services with MNSPECT for many years; and WHEREAS, the City is satisfied with their services for conducting building inspection services; and WHEREAS, MNSPECT was recently purchased by another firm, SAFEbuilt, and they proposed a new contract; and WHEREAS, the City Attorney has reviewed the proposed contract and found it in order, and staff recommends continuing the relationship with MNSPECT. WHEREAS, the City Council reviewed the revised agreement at a public meeting on April 11, 2022. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Shorewood, Minnesota that: 1. The City Council has reviewed the revised agreement at the April 11, 2022 meeting. 2. Authorizes the Mayor and City Clerk to enter into the service agreement, as proposed, on behalf of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of April, 2022. ___________________________ Jennifer Labadie, Mayor ATTEST: ________________________________ Sandie Thone, City Clerk 2F MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Probationary Appointment of Mr. Matt Van Lith to Light Equipment Operator Position, Public Works. Meeting Date: April 11, 2022 Prepared by: Larry Brown, Director of Public Works Reviewed by: Greg Lerud, City Administrator Attachments None Policy Consideration: None. th Background / Previous Action: On February 14, 2022, the City Council authorized the advertisement and position posting for a vacant position of Light Equipment Operator (LEO). Staff reviewed application materials submitted, performed oral interviews and a practical hands on equipment test with two candidates that met the qualifications for the position. Staff is pleased to be able to recommend Mr. Matt Van Lith to the position of Light Equipment Operator. Mr. Van Lith has worked in a related position for seventeen years and brings a substantial amount of experience to this position. This appointment is a six month probationary appointment. After successful completion of the probationary period, the Director of Public Works will conduct a review and will make recommendation to the City Council regarding regular appointment. Financial or Budget Considerations: Staff is recommending that Mr. Van Lith’s starting rate is a step 3 rate of $31.81 per hour, according to the Union Labor Agreement. It is anticipated that Mr. Van Lith will provide his present employer notice immediately after this appointment is made. Options 1.Make a motion making probationary appoint of Mr. Matt Van Lith to the position of Light Equipment Operator for the Department of Public Works. 2.Take no action. 3.Provide staff alternative direction. Recommendation / Action Requested: Staff recommends that the City Council pass a motion making a probationary appointment of Mr. Matt Van Lith to the position of Light Equipment Operator for the Department of Public Works. 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 Council Meeting Item 2H Title/Subject: Accept City Administrator Resignation Meeting Date: April 11, 2022 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Resignation Recommended Action: I recommend the City Council approve a motion to accept my resignation. Passaged requires a simple majority. Next Steps and Timeline: To be discussed at the April 11 work session. 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 2I MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Accept Proposal for Safety Consultation Services From SafeAssure, Inc. Meeting Date: April 11, 2022 Prepared by: Larry Brown, Director of Public Works Attachments Proposal by SafeAssure Consultants, Resolution Policy Consideration:Should the City of Shorewoodenter into a contract with SafeAssure Consultantsto provide safety training and OSHA mandated safety programs? Background / Previous Action The Occupational Safety and Health Association (OSHA) mandates safety training for all employees. Each year all employees must be certified in the following areas: Employee Right to Know Blood Borne Pathogens Emergency Action Plan Beyond the training indicated above, Public Works Personnel are also to be certified annually in the following areas: A Workplace Accident and Injury Reduction Program (AWAIR) Emergency Action Plan Control of Hazardous Energy Hazard Communications Confined Space Entry and Rescue Respiratory Protection Occupational Noise Exposure Bloodborne Pathogens Powered Industrial Trucks General Duty Clause Personal Protective Equipment Overhead Cranes Ergonomics Mobile Earthmoving Equipment 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 SafeAssure Inc. has provided these services previously, as ajoint project with 11 other Lake Area communities. The ability to train with other municipalities provides the opportunity to train at a cost of approximately one fourth the cost of other programs. SafeAssure also provides an automated Safety Data Sheet program. OSHA mandates that every material that an employee comes in contact with must have a Safety Data Sheet (SDS) that outlines health risks, protective equipment to be utilized, and chemical reaction data. This mandate, not only applies to chemicals, but to everyday items such as bolts, wood, and asphalt. The job of keeping SDS sheets current for every product that is received is an ominous task, at best. As testimony to the program, the City has previously had a surprise inspection completed by OSHA. That inspection occurred at the time when the City was contracted with SafeAssure Consultants. Staff is pleased to report that the inspection went very well. The OSHA inspectors examined many parts of the program and were very satisfied as to how the program was outlined, and how the program was being implemented. Attachment 1 is the proposal from SafeAssure in the amount of $3,464.44. This item is an annual expenditure and has been programmed within the Public Works OperatingBudget. Staff Recommendation Staff is recommending approval of a motion accepting the proposal from Safe Assure Consultants, for an amount not to exceed $3,464.44. Financial or Budget Considerations: The services, as specified, have been programmed into the annual 2022 operating budget. Options: 1. Accept the proposal by SafeAssure, Inc., in the amount of $3,464.44. 2. Provide Staff with alternative direction. Recommendation / Action Requested: 1. Staff is recommending Option 1 that accepts the proposal from SafeAssure Consultants be approved, not to exceed $3,464.44. Connection to Vision / Mission: Providing safe services for employees helps provide quality services to our residents. The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarify written and training requirements. The required standards that apply to The City of Shorewood are listed below: A.W.A.I.R. MN Statute 182.653 " EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 CONFINED SPACE 29 CFR 1910.146 RESPIRATORY PROTECTION 29 CFR 1910.134 OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 BLOODBORNE PATHOGENS 29 CFR 1910.1030 1 Of 7 ATTACHMENT 1 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 GENERAL DUTY CLAUSE PL91-596 PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) OVERHEAD CRANES 1910.179(j)(3) ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 2 Of 7 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart O - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) 3 Of 7 All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Shorewood to obtain as required to comply with OSHA standards. Our Service Agreement year will begin on the signing of this Service Agreement. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for The City of Shorewood are for the sole and express use by The City of Shorewood and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a Service Agreement year, will be made at no additional cost to The City of Shorewood. All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse The City of Shorewood should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 4 Of 7 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Shorewood Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) review/modify or write site specific program documented training of all personnel accident investigation simulated OSHA inspection Employee Right to Know/Hazard Communication review/modify or write site specific program documented training of all personnel (general and specific training) various labeling requirements assist with installing and initiating MSDSOnline data base program Lock Out/Tag Out (Control of Hazardous Energy) review/modify or write site specific program documented training of all personnel Emergency Action Plan review/modify or write site specific program documented training of all personnel Respiratory Protection review/modify or write site specific program documented training of all personnel Bloodborne Pathogens review/modify or write site specific program documented training of all personnel Cranes-Chains-Slings review/modify or write site specific program documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) review/modify or write site specific program documented training of all personnel decibel testing and documentation Personal Protective Equipment review/modify or write site specific program documented training of all personnel Confined Space review/modify or write site specific program documented training of all personal 5 Of 7 Powered Industrial Trucks/Forklifts review/modify or write site specific program documented training of all personnel testing and licensing Ergonomics review/modify or write site specific program documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements Mobile Earthmoving Equipment review/modify or write site specific program documented training of all personal General Safety Requirements review/modify or write site specific program documented training of all personnel On-Line training available for AWAIR, EAP, ERTK, ERGO, Bloodborne, Fire Extinguishers Safety Committee Advisor Employee Safety Progress Analysis SafeAssuom Fastenal Stores or Catalogs (15% off any item) Job Hazard Analysis (JHA for more hazardous tasks/jobs) Training manual maintenance Safety manual maintenance Documented decibel testing Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity) Documented foot-candle readings (if needed) OSHA recordkeeping General Duty Clause Assistance during an actual OSHA inspection General safety recommendations Unlimited consulting services 6 Of 7 Service Agreement THIS AGREEMENT is made this first day of May 2022 between The City of Shorewood, Shorewood, Minnesota, herein referred to as The City of Shorewood and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this Service Agreement, The City of Shorewood (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. t SafeAssure further agrees that The City of Shorewood will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges The City of Shorewood, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless The City of Shorewood, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of The City of Shorewood, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed Service Agreement, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide The City of Shorewood, the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of The City of Shorewood. ANNUAL SERVICE AGREEMENT $ 3,464.44 MSDS ON-LINE SERVICES $ included ANNUAL $3,464.44 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. X_______________________________ The City of Shorewood X_______________________________ The City of Shorewood X 040122 SafeAssure Consultants, Inc. Date 7 Of 7 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-031 A RESOLUTION ACCEPTING THE PROPOSAL FOR SAFETY CONSULTATION SERVICES BY SAFEASSURE CONSULTANTS, INC. WHEREAS, the Occupational Safety and Health Administration mandates that every employer have in place a safety training program and comprehensive written safety policies; and WHEREAS, the City of Shorewood is committed to keeping their employees trained and performing their job in a safe manner; and WHEREAS, the Director of Public Works has solicited a proposal from SafeAssure Consultants, Inc. and has found it to be in order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHOREWOOD, MINNESOTA, that the proposal provided for safety consultation services by SafeAssure Consultants Inc., in the amount of $3,464.44, be approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title/Subject: Approve Food Truck for Tonka Youth Football Games 6A Meeting Date: April 11, 2022 MEETING TYPE Prepared by: Twila Grout – Park & Rec Director Regular Meeting Attachments: Special Permit Application Map Resolution Background: Tonka Youth Football has applied for a special event permit to have a food truck at Badger Park on Saturdays from August 27 to October 31 from 9:30 am to 9:00 pm. Tonka Youth Football said that they have approximately six games on Saturdays with an average of 70-75 fans per game. They feel having a local food truck present at the games will bring a source of revenue and provide food and beverages to the fans watching the game. The Excelsior Fire Department has approved the concept of the proposal and is okay with moving forward with the event but, they normally do not sign off on events until they have received the information from the participating food trucks. Once Tonka Youth Football determines the food truck, it will work with Excelsior Fire Department for inspections. Attached is the permit application with the police, zoning and public works signatures approving the application, and a map showing the location of the foot truck. Financial Considerations: None. Action Requested: Staff recommends the city council approve the Special Event Permit application. Approving the request requires a simple majority of Council members. Connection to Vision/Mission: Consistency in 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. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 RESOLUTION 22-032 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A FOOD TRUCK FOR MINNETONKA YOUTH FOOTBALL EVENTS WHEREAS, Minnetonka Youth Football, has proposed to have a food truck at Minnetonka Youth football games on Saturdays from August 27, 2022 – October 31, 2022 from 9:30 am to 9:00 pm at Badger Park, 5745 Country Club, in the City of Shorewood, County of Hennepin; and WHEREAS, Minnetonka Youth Football will have one stand-alone food truck parked in the parking lot at Badger Park and work with Excelsior Fire Department for inspections of the food truck; and WHEREAS, the South Lake Police Department, Planning Director, Public Works Director and Excelsior Fire District has approved the placement of the food truck. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: The Applicant’s request to hold an event is hereby approved subject to the information submitted on February 5, 2022 and the following conditions: 1. The Applicant is entirely responsible for the operation of the event and will be expected to assume financial responsibility in case of damage to City-owned facilities or structures. 2. The applicant must agree, in writing, that the city is indemnified and held harmless from any claims arising out of the use of the park and the operation of the event. 3. The applicant shall be responsible for picking up all litter and placing it in trash containers and those trash containers. 4. The applicant must provide copies of the applicable health department permits or licenses carried by the food trucks. 5. The applicant shall submit copies all certificates and information required by the Fire Marshal and shall arrange for Fire Marshal inspection each day of the event. Adopted by the City Council of Shorewood, Minnesota this 11th day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 6B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Christmas Lake Boat Landing Improvements: Award Low Quote: City Project 22-02 Meeting Date: Monday, April 11, 2022 Prepared by: Andrew Budde, City Engineer Reviewed by: Marie Darling, Planning Director, Greg Lerud, City Administrator, Joe Rigdon, Finance Director Attachments: Bid Tabulation, Resolution Background: The City has been working with the Christmas Lake Homeowners Association about making improvements to the landing area. Earlier this year, the City approved relocating the invasive species boat cleaning equipment to create an additional parking stall. During the project design and permitting there was an additional request to add riprap at the bottom of the boat ramp as substantial soil displacement has occurred that has cause damage to boats and trailers as they are loading and unloading. Due to the safety concerns, staff increased the project scope to include both aspects of the project. Quotes for the project were requested from four contractors and opened on March 29, 2022. A total of three quotes were received and the low quote was submitted by Valley Paving from Shakopee, MN. The bids are summarized below: Bidder: Total Bid Amount Valley Paving, Inc. $36,424.00 Kusske Construction Company $36,480.00 Minger Construction Company $40,191.50 Staff has reviewed all the bids and the bids received are accurate and indicate that the bidding process was competitive. Work for these repairs to be completed by May 6, 2022, prior to fishing opening. This will require waiving local spring weight restrictions on segments of Christmas Lake Rd, Radisson Rd, and Merry Ln, which are all 4-ton roadways. Permits have been submitted to the MN Department of Natural Resources, Army Corps of Engineers, and the Minnehaha Creek Watershed District. Final approval from the MCWD is anticipated prior to the project work starting. Financial or Budget Considerations: The project is to be funded from the Fund 402 (Park Improvements). The city previously budgeted $20,000 in the CIP to relocate the invasive species cleaning equipment and increase parking. The riprap improvements at 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 the boat landing were not included in the CIP estimate. With the additional scope of riprap at the ramp and additional engineering and permitting costs, the total project is estimated to be $66,000. Staff proposed to reallocate funds from the planned 2023 Freeman Park trail resurfacing project will be used for this work. The trail resurfacing project will benefit both from the Three Rivers Park district building a trail head connection from Freeman Park to the Lake Minnetonka Regional Trail as well as funds anticipated from the Walnut Grove Villas development. As a result, the trail project will need fewer city funds than previously anticipated. Recommendation/Action Requested: Staff recommends awarding the Christmas Lake Boat Landing project in the amount of $36,424.00 to the low bidder, Valley Paving. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-033 A RESOLUTION TO AWARD THE CHRISTMAS LAKE BOAT LANDING IMPROVEMENTS TO THE LOW QUOTE CITY PROJECT 22-05 WHEREAS, quotes for the Christmas Lake Boat Landing Project were received on March 29, 2022 opened and tabulated according to law, with the following quotes received: Bid Amount Contractor Part 1+2+3+4+5 Valley Paving, Inc. $36,424.00 Kusske Construction $36,480.00 Minger Construction $40,191.50 WHEREAS, City staff recommends award of the Christmas Lake Boat Landing; and WHEREAS, Valley Paving, Inc. is the lowest responsible bidder; and WHEREAS, Valley Paving, Inc. is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorized and directed to enter into a contract with Valley Paving, Inc. based on the lowest bid amount of $36,424.00 in the name of the City of Shorewood for the Christmas Lake Boat Landing Project according to the plans and specifications on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11 day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk ABSTRACT OF BIDS CHRISTMAS LAKE BOAT LANDING CITY OF SHOREWOOD BMI # 0C1.124750 123 ENGINEER'S ESTIMATEVALLEY PAVINGKUSSKE CONSTRUCTIONMINGER CONSTRUCTION ITEMAPPROX.UNITUNITUNITUNIT NO.BID ITEMQUAN.UNITPRICEAMOUNTPRICEAMOUNTPRICEAMOUNTPRICEAMOUNT BASE BID 1MOBILIZATION1LUMP SUM$2,000.00$2,000.00$4,500.00$4,500.00$6,500.00$6,500.00$12,500.00$12,500.00 2TRAFFIC CONTROL1LUMP SUM$1,000.00$1,000.00$750.00$750.00$1,500.00$1,500.00$1,200.00$1,200.00 3STREET SWEEPER (WITH PICKUP BROOM)1LUMP SUM$750.00$750.00$700.00$700.00$2,500.00$2,500.00$900.00$900.00 4CLEAR & GRUB TREE2EACH$4,000.00$8,000.00$1,000.00$2,000.00$1,385.00$2,770.00$950.00$1,900.00 5REMOVE CONCRETE CURB & GUTTER (ANY TYPE)55LIN FT$16.00$880.00$18.00$990.00$5.00$275.00$12.50$687.50 6REMOVE & REPLACE BITUMINOUS PAVEMENT100SQ FT$10.00$1,000.00$25.00$2,500.00$40.00$4,000.00$18.00$1,800.00 7REMOVE WOOD BAFFLE WALL1LUMP SUM$2,000.00$2,000.00$2,300.00$2,300.00$1,000.00$1,000.00$665.00$665.00 8SALVAGE & REINSTALL PIPE APRON1EACH$2,000.00$2,000.00$1,600.00$1,600.00$1,600.00$1,600.00$1,200.00$1,200.00 9REMOVE SEWER PIPE (STORM)8LIN FT$70.00$560.00$50.00$400.00$10.00$80.00$68.00$544.00 106" CONCRETE WALK (W/6" AGG. BASE CL 5)210SQ FT$25.00$5,250.00$13.00$2,730.00$15.00$3,150.00$36.00$7,560.00 11CONCRETE CURB & GUTTER (HAND FORMED)55LIN FT$100.00$5,500.00$48.00$2,640.00$55.00$3,025.00$51.00$2,805.00 123" CLEAR ROCK (LV)5CU YD$60.00$300.00$340.00$1,700.00$130.00$650.00$151.00$755.00 134" PVC CLEANOUT1EACH$300.00$300.00$800.00$800.00$250.00$250.00$525.00$525.00 144" PERFORATED HDPE PIPE30LIN FT$35.00$1,050.00$112.00$3,360.00$30.00$900.00$51.00$1,530.00 1515" RC PIPE SEWER DES 3006 CL V8LIN FT$300.00$2,400.00$238.00$1,904.00$125.00$1,000.00$100.00$800.00 16CONNECT TO EXISTING STORM SEWER1EACH$1,000.00$1,000.00$2,800.00$2,800.00$2,020.00$2,020.00$850.00$850.00 17STORM DRAIN INLET PROTECTION1EACH$300.00$300.00$250.00$250.00$150.00$150.00$180.00$180.00 18FLOTATION SILT CURTAIN TYPE STILL WATER40LIN FT$45.00$1,800.00$40.00$1,600.00$20.00$800.00$28.00$1,120.00 19SEDIMENT CONTROL LOG TYPE WOOD FIBER80LIN FT$15.00$1,200.00$5.00$400.00$5.00$400.00$4.00$320.00 20SITE RESTORATION1LUMP SUM$1,500.00$1,500.00$2,500.00$2,500.00$3,910.00$3,910.00$2,350.00$2,350.00 TOTAL BASE BID:$38,790.00$36,424.00$36,480.00$40,191.50 H:\\SHWD\\0C1124750\\6_Plans-Specs\\C_Bids Received\\124750 Bid Abstract.xlsPage 1 6C MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Silverwood Park Improvements: Award Low Quote City Project 21-05 Meeting Date: Monday, April 11, 2022 Prepared by: Andrew Budde, City Engineer Reviewed by: Marie Darling, Planning Director and Joe Rigdon, Finance Director Attachments: Quote Summary, Resolution 22-034 Background: The City is completing improvements to the Silverwood Park playground and has already completed a portion of the removals and equipment installation in the fall of 2021. Additional site improvements need to occur prior to final installation of the remaining equipment and slides. Staff requested quotes from four contractors for the site work to be completed in the spring of 2022. Three quotes were received by the deadline of April 1. The low quote was submitted by Blackstone Contractors from Loretto, MN in the amount of $63,475.55. This amount was over the engineers estimate of $59,355.00 by $4,120.55 or 7%. Staff spoke with the contractor that provided the quote and others that did not submit. The main factors for the higher price were inflationary and supply chain pressures on construction materials and their availability. The bids are summarized below: Bidder: Total Bid Amount: Blackstone Contractors $63,475.55 Northland Excavating $75,909.50 Parkstone Construction $92,990.00 A bid alternate for the salvage and reinstallation of the excess pea gravel remaining in the southern playground container was quoted as well to compare against costs to install sono-tubes by the playground installers. The alternate is not recommended to be awarded based sono-tubes being more economical ($388). Staff has reviewed all the quotes and the quotes received are accurate and indicate that the quoting process was competitive. Substantial completion is identified as June 17, 2022 and final completion is July 1, 2022. Financial or Budget Considerations: The original amount included in the 2022 CIP for this project was $265,000. Due to projected higher costs when engineering 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 estimates were tabulated and some additions approved for the playground, on April 21, 2021, the City Council authorized $282,000 and the City applied for a grant to help reduce the impact of the costs. Total amount of money spent to date is $231,335.67. The estimates received last year for the site work were very high and the council authorized splitting the work into two separate contracts in hopes of getting better bids this spring for the majority of the work. This split bid worked in the city’s favor. The total estimate for all work remaining for the project is about $69,000, including the bid this evening, the $388 additional dollars for swingset install (sonotubes) and outstanding engineering/surveying work to complete the retaining walls. The total project cost is estimated at $300,200. The grant that the City received reduces the cost of the project to $275,200. This money is from Fund 402 (Park Improvements) Recommendation/Action Requested: Staff recommends award, in the amount of $63,475.55 to the low quote, Blackstone Contractors. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-034 A RESOLUTION TO AWARD CONTRACT TO LOW QUOTE FOR SILVERWOOD PARK IMPROVEMENTS CITY PROJECT 21-05 WHEREAS, pursuant to the request for quotes for the Silverwood Park Improvements project, quotes were received on April 1, 2022, opened and tabulated according to law, with the following quotes received: Contractor Total Quote BLACKSTONE CONTRACTORS $63,475.55 NORTHLAND EXCAVATING $75,909.50 PARKSTONE CONTRACTING $92,990.00 WHEREAS, Blackstone Contractors is the lowest responsible bidder; and WHEREAS, Blackstone Contractors is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorized and directed to enter into a contract with Blackstone Contractors based on the lowest bid amount in the name of the City of Shorewood for the Silverwood Park Improvements project according to the plans and specifications on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11 day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 7A MEETING TYPE REGULAR City of Shorewood Council Meeting Item Title/Subject: Urban Farm Animals Ordinance Amendments Meeting Date: April 11, 2022 Prepared By: Marie Darling, Planning Director Attachments: Planning Commission Memo from March 1, 2022 Minutes from the Planning Commission meeting Correspondence Received Strikeout Underscore version of ordinance Ordinance 587 Resolution 22-035 for Summary Publication Background: See the attached planning commission report for more information. Last September, the City Council adopted standards for the keeping and care of urban farm animals, but asked staff to research additional standards to reduce the negative impacts on neighborhoods, primarily keeping birds on the owner’s property. In November, staff presented information to the City Council and they directed staff to put the requirements into code format and review through the normal processes. In February, staff presented potential amendments to the Planning Commission informally for discussion. The Commission held a public hearing on the amendments on March 1, 2022 and recommended approval of the amendments unanimously, subject to minor grammatical changes and setbacks for urban farm bird shelters or enclosures, as shown below:  10 feet from side property lines  50 feet from neighboring homes What do the additional changes require? The proposed changes would require that urban farm birds (chickens, domestic turkeys, ducks, geese, and guinea hens) be kept in shelters or enclosures/runs that are fully enclosed or have nets over the top to contain the animals. In addition to the above, the planning commission considered increasing the setback from side property lines, but ultimately found that the greater setbacks from the property lines were not necessary. Instead, the Planning Commission recommends that the 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. shelters and enclosures should be located 50 feet from a neighboring home and that the coop should be in all cases closer to the owners home than the neighbors. The proposed amendments also include language that gives staff more direction on when we can deny and revoke urban farm animal permits. Summary of Public Notice and Testimony: Notice of the public hearing was mailed to all urban farm animals permit holders at least 10 days prior to the Planning Commission public hearing on March 1, 2022 and published in both official newspapers. One letter was received (attached) and two residents spoke at the meeting (minutes attached). The primary concerns the residents raised were the cost associated with greater setbacks from side property lines. The speakers were concerned about moving permanent sheds or changing landscaping that they had already installed. Staff stated that permanent structures would be considered legally nonconforming in their current location, while mobile or portable structures would be required to be moved. Financial or Budget Considerations: Outside of publication, there is no additional impact to the budget related to this ordinance amendment. Recommended Action: Staff recommends approval of the ordinance amendments. Proposed Motions: Motion to approve ordinance 587 amending Chapter 705 (Farm and Other Animals). Motion to approve a resolution for summary publication of the ordinance. Action on the ordinance requires a simple majority vote and action on the summary publication requires a super majority vote (4/5). Next Steps and Timeline: If the ordinance is adopted, staff would publish the ordinance. ORDINANCE 587 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE APPROVING AMENDMENTS TO SHOREWOOD CITY CODE CHAPTER 705 (FARM AND OTHER ANIMALS) THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN: SECTION 1: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 705, Section 705.02 (Definitions) is hereby repealed and replaced as follows: 705.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED CITY PERSONNEL. The Chief of Police, the health authority, their designees, and other personnel assisting in the enforcement of this chapter. ENCLOSURE/RUN. An enclosed area where animals can roam unsupervised which may or may not be attached to the shelter, coop or hutch. MALTREATED ANIMAL. An animal that has not been given adequate food, water or proper shelter from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment, or that has been subjected to the conduct prohibited by M.S. § 343.21. NUISANCE ANIMAL. An animal, conditions caused by an animal, or the improper care and maintenance of an animal that result in running at large, offensive odor, excessive noise or damage to property, so as to disturb the rights of or threaten the safety of a member of the general public, or interfere with the ordinary use and enjoyment of their property. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an OWNER or OWNERS. PERSON. An individual, firm, partnership or corporation. PREMISES. A building, structure, shelter or land where an animal is kept or confined. RURAL FARM ANIMAL. Cattle, mules, sheep, goats, swine, llamas, ostriches, emus, and including, but not limited to, other animals typically maintained in a farm setting, but not in an urban setting. UNDER RESTRAINT. An animal being within a private motor vehicle of a person owning, harboring or keeping the animal; or controlled by a leash not exceeding six feet in length. URBAN FARM ANIMAL. Ducks, geese, turkeys, chickens, guinea hens, bees and rabbits. URBAN FARM BIRDS. Ducks, geese, turkeys, chickens or guinea hens. VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. WILD ANIMAL. Any of the following: a. Front-fanged venomous snakes, including the Viperidae and Elapidae families of snakes, such as rattlesnakes and cobras; b. Snakes over eight feet in length; c. Reptiles that have the physical ability as adults to cause substantial bodily injury, as defined in M.S. § 609.02, Subd. 7a, to humans and/or domestic animals, such as python snakes and crocodilians; d. Animals that can transmit rabies and cannot be vaccinated against rabies; e. Mammals that, as a breed, are considered wild by nature because of breeding, history, character, habit or disposition; and f. Mammals that have at least 25% of their heritage from mammals specified in paragraph e. above. g. Specifically, such animals as a wolf, fox, skunk, raccoon, mink, bobcat, deer and monkey, but not including a fish, bird, ferret, hamster or gerbil. SECTION 2: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 705, Section 705.09 (Farm Animals) is hereby repealed and replaced as follows: 705.09 FARM ANIMALS. Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor or otherwise possess a rural farm animal within the city. Subd. 2. Urban farm animals. A person may own, keep, harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept on properties zoned and used for single-family homes. The owner of the urban farm animals shall live in the dwelling on the property. b. An urban farm animal, including any enclosure and shelter, may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. Urban farm bird enclosures/runs and shelters shall be fully enclosed or covered with nets. c. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in § 705.06, Subd. 1. of this chapter. In addition to being located in the buildable area of the rear yard as required by paragraph b above, the shelter and any enclosure/run for urban farm birds must be situated closer to the animal owner’s home than to any dwelling on an adjacent property and a minimum of 50 feet from an adjacent home. d. The urban farm animals, excluding bees, must be contained on the property by the use of a fence or other appropriate containment device or structure and all enclosures/runs, structures, or other containment devised must be kept in conformance with the regulations of Section 705.06 of this chapter. e. Roosters are not allowed. f. Culling urban farm animals for commercial purposes is prohibited. g. The ground or floor of the area where an urban farm animal (except bees) is kept must be covered with vegetation, concrete or other surface approved by the Planning Department, so that it can be, and is, sufficiently maintained to adequately dissipate offensive odors, in compliance with § 704.06, Subd. 2.a. and c. of this chapter. h. The combined number of chickens, ducks, geese, turkeys, guinea hens, or rabbits shall not exceed six. i. The number of bee hives shall not exceed four. j. Any person having more than the allowable number of animals set forth in paragraphs h. and i. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. Subd. 3. Permit issuance; fees; expiration; revocation. (1) Permit Required. No urban farm animal may be kept in the city until a permit to do so has been conditionally approved by the Zoning Administrator and issued by the office of the Building Official, and the Building Official or staff representative has made an inspection of the property to ascertain that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including, but not limited to, the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property, with dimensions to the property lines. (b) Architectural plans showing floor plans, building elevations and dimensions. (2) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee within the city’s master fee schedule. (3) Expiration of Permits. (a) The permit shall expire one year from the date the permit is issued. (b) A permit may be renewed according to the application process identified in subsection (1) above. (4) Denial of Permits. A request for a permit or permit renewal may be denied under the following circumstances: (a) The applicant fails to submit any of the materials or application fees required by this Chapter. (b) The materials submitted indicate improvements in violation of this Chapter. (c) The applicant has not requested the required inspection for three calendar months after the permit is issued. (d) The property owner was informed of a violation or multiple violations on the property and failed to correct it (them) as directed in Chapter 104.03. (e) The applicant has failed to comply with any condition set forth in any other permits under this section granted by the City of Shorewood. (f) The applicant, or one acting in their behalf, made oral or written misstatements or misrepresentations accompanying the application. (g) The activities of the property owner create or have created a danger to the public health, safety or welfare. (5) Revocation of Permits. Any permit issued under this section may be revoked or suspended as a penalty for a violation of this Chapter or for violation of the following conditions. No suspension or revocation may take effect until the permittee has received notice of the revocation, either personally, by US mail or electronic mail. (a) The permittee has proven unable to keep or shelter the animals or maintain the property as required by city code and/or the regulations in this chapter. (b) As a result of the permitted activity, the property contains conditions that might injure or endanger the safety, health or welfare of neighboring property owners or any member of the public. (c) The property owner has violated any regulation or provision of the Code applicable to the activity to which the license has been granted or any regulation or law of the state so applicable or has failed to pay any penalties required by this section and the master fee schedule. N SECTION 3: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter 705, Section 705.10 (Penalty) is hereby repealed and replaced as follows: 705.10 PENALTY. Violation of this chapter shall be grounds for enforcement pursuant to § 104.03 of this code or revocation of permits as noted in Section 705.09 Subd. 3. S SECTION 4: EFFECTIVE DATE. This ordinance shall take effect upon its passage and publication in the City's official newspaper. th Adopted by the City Council of the City of Shorewood, Minnesota this 11 day of April, 2022. __________________________ JENNIFER LABADIE, MAYOR ATTEST: __________________________ SANDIE THONE, CITY CLERK RESOLUTION 22-035 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING THE PUBLICATION OF ORDINANCE 587 REGARDING CITY CODE ORDINANCE AMENDMENTS RELATED TO URBAN FARM ANIMALS WHEREAS, at a duly called meeting on April 11, 2022, the City Council of the City of Shorewood adopted Ordinance No. 587 entitled “AN ORDINANCE APROVING AMENDMENTS TO SHOREWOOD CITY CODE CHAPTER 705 (FARM AND OTHER ANIMALS)” adding additional definitions and regulations for keeping urban farm animals; and WHEREAS, the City Council adopted a lengthy ordinance amending City Code Chapter 705 to amend regulations related to keeping urban farm animals; and WHEREAS, the purpose of this summary is to inform the public of the intent and effect of the ordinance but to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours and available on the city’s website; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 587 clearly informs the public of the intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 587 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. Such summary is to be substantially the same as the attached form. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website. th ADOPTED by the Shorewood City Council on this 11 day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 8A MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Stream Restoration Project Meeting Date: Monday, April 11, 2022 Prepared by: Andrew Budde, City Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Overview Figure, Resolution 22-036 Background: During the design and permitting of the Smithtown Pond projects the Army Corps of Engineers (ACOE) claimed jurisdiction over the adjacent stream channel that ultimately discharges to Lake Minnetonka and extends as far west as Eureka Road. This jurisdictional claim complicated and delayed the permitting process for that project, however, it has also potentially created an opportunity for the city. The ACOE have recently started enforcing an additional portion of the federal law under Sec 404 of the Clean Water Act that was passed in the 1970’s. This new permitting applied to the Smithtown Pond project and pertained to stream impacts, not just wetland impacts. Wetland impacts have been protected through the same federal law and the mitigation for wetland impacts has been in place for decades through a Wetland Banking program administered through the ACOE and MN Board of Soil & Water (BWSR). Potential bank owners identify degraded or low-quality wetlands and then develop a plan to increase their value by improving the hydraulics and vegetation. This increase in value, or functional lift, is determined through a robust permitting and review process and ultimately establishes a Wetland Bank where the owners of the bank can then sell wetland credits by the square foot and generate revenue for its owner. ACOE is starting to implement and create a Stream Bank program that is very similar to the Wetland Bank program. The program is in its infancy stages and there are currently no completed Steam Banks established in Minnesota. Both Wetland Banks and Stream Banks require conservation easements to be dedicated over them, so surrounding land ownership is critical for a successful project. The stream channel from Smithtown Road south to Eureka that flows through the Smithtown Pond and Freeman Park is almost completely within property owned by Shorewood and appears to be an good candidate for restoration and a Stream Bank to be owned by the city. Since the permitting and banking process is in its infancy there are a lot of questions and unknows by staff and the permitting agencies. While staff thinks that this is a viable project that could produce credits, we do not know the amount of credits that can be produced from the restoration until further discussions occur w/ the ACOE. Below is an outline of the entire project if it were to progress to completion. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 1. Call a pre-application meeting with the Corps’ Stream Team. They will visit the site and determine if the city has a viable project. 2. Draft Prospectus – Requires that a Steam Qualification Tool (SQT) be run. This is an intensive survey of the stream by a natural resources team, identifying stream characteristics that will lead to a design that improves the stream based on its geomorphology. Using this data to produce a concept plan to submit with the Draft Prospectus and allows a 90-day review period. At the end of this step the city should have a better understanding of credits that it could generate. A restoration can be as simple as a vegetative restoration, remove invasive species and using bio-engineering to stabilizing the creek. This action would result in the least amount of credits. If this is combined with floodplain benching, jay hooks, cross veins, step pools or other engineered in-stream improvements that fit the needs and geomorphology of the stream than it will increase the amount of credits. 3. Prospectus – This is a more detailed document that includes an analysis of the immediate watershed, history of the site, 30% plans, initial credit estimate, performance standards and monitoring plan and allows a 180-day review period. 4. Draft Mitigation Banking Instrument (MBI) – The MBI is the agreement between the federal government and the city on how the restoration is going to be maintained in perpetuity. It includes the second rendition of the Mitigation Plan as the bulk of the document and allows a 180-day review period. 5. A conservation easement is established around the bank site. This maintains the bank in perpetuity. 6. Final Mitigation Banking Instrument – The final MBI consist of response to comments from the Draft MBI and usually takes two renditions to complete. Once this document is accepted by the Corps, it is signed and notarized by both parties and construction may begin. 7. Construction should take place when water levels are low, generally in the fall. Vegetation planting should take place in early fall or spring. Once the site is planted, a request for the initial credit release can be made. 8. Seven years of monitoring are required after construction is complete. The monitoring is based on the improvements that are made and will usually take four site visits a year along with vegetation management. 9. Credits are releases based on meeting performance standards laid out in the Mitigation Plan. As standards are met, credits are released until the final standards are met and all credits have been released. 10. After monitoring is complete and all credits are released, the improvements are to be maintained in perpetuity. A funding mechanism will most likely be required to be set up to ensure funds are available. The easiest mechanisms are funded with a percentage of each sale deposited into a escrow account of some sort. Staff is looking for approval to initiate steps 1 and 2 identified above and then will report back on potential next steps. If successful, this is a long duration project with significant permitting efforts that could span 10 years and requires maintenance of the stream in perpetuity by the city, however the amount of revenue potential could be significant. Financial Considerations: The city has budgeted $500,000 in Fund 631 Storm Water Management in 2022 to begin scoping the project. To complete steps 1 and 2 it is estimated to be $30,000 in fees. Another $1,738,911 is identified in year 2027 and assumes a large construction effort to maximize credits. This number will change as the project scoping is completed. Essentially the more effort associated with increasing the functional lift of the stream the more potential credits the city could receive. In areas throughout the country where this is already being enforced, Stream Bank credits are selling for $1200/lineal foot of functional lift. The segment from Smithtown Road to Eureka Road is 2,900 feet long. So, the potential revenue generated could be between $1 - $3.5 million but will not be understood until steps 1 and 2 are completed. Recommendation/Action Requested: Staff is requesting authorization to progress with steps 1 and 2 and then will report back on potential next steps. \[ĻŭĻƓķ City Limits Parcels (2/14/2022) Lakes Freeman Park MCWD - Stream Order 1 2 Tnjuiupxo!Qpoet 3 4 5 Image Red: Red Green: Green Blue: Blue Tusfbn Sftupsbujpo {ƷƩĻğƒ wĻƭƷƚƩğƷźƚƓ 5źƭĭƌğźƒĻƩʹ ŷźƭ ķƩğǞźƓŭ źƭ ƓĻźƷŷĻƩ ğ ƌĻŭğƌƌǤ ƩĻĭƚƩķĻķ ƒğƦ ƓƚƩ ğ ƭǒƩǝĻǤ ğƓķ źƭ ƓƚƷ źƓƷĻƓķĻķ Ʒƚ ĬĻ ǒƭĻķ ğƭ ƚƓĻ͵ ŷźƭ ķƩğǞźƓŭ źƭ ğ ĭƚƒƦźƌğƷźƚƓ ƚŅ ƩĻĭƚƩķƭͲ źƓŅƚƩƒğƷźƚƓͲ ğƓķ ķğƷğ ЉЍЉЉCĻĻƷ ƌƚĭğƷĻķ źƓ ǝğƩźƚǒƭ ĭźƷǤͲ ĭƚǒƓƷǤͲ ğƓķ ƭƷğƷĻ ƚŅŅźĭĻƭͲ ğƓķ ƚƷŷĻƩ 40 ƭƚǒƩĭĻƭ ğŅŅĻĭƷźƓŭ ƷŷĻ ğƩĻğ ƭŷƚǞƓͲ ğƓķ źƭ Ʒƚ ĬĻ ǒƭĻķ ŅƚƩ 0.0 ƩĻŅĻƩĻƓĭĻ ƦǒƩƦƚƭĻƭ ƚƓƌǤ͵ ŷĻ /źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ źƭ ƓƚƷ λ .ƚƌƷƚƓ ε aĻƓƉͲ LƓĭ Ώ ‘ĻĬ DL{ЍΉЏΉЋЉЋЋ ЊЋʹЋЏ ta ƩĻƭƦƚƓƭźĬƌĻ ŅƚƩ ğƓǤ źƓğĭĭǒƩğĭźĻƭ ŷĻƩĻźƓ ĭƚƓƷğźƓĻķ͵ CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-036 A RESOLUTION TO BEGIN SCOPING A STREAM RESTORATION PROJECT IN SMITHTOWN PONDS AND FREEMAN PARK PARCELS WHEREAS, the city owns properties known as Smithtown Ponds and Freeman Park parcels with PID: 3211723420004 and PID: 3211723410003; and WHEREAS, the Army Corp of Engineers had jurisdiction over the stream that traverses through the Smithtown Pond and Freeman Park parcels generally from Smithtown Road to Eureka Road; and WHEREAS, the Army Corp of Engineers is implementing Sec 404 of the Federal Clean Water Act and allows for the mitigation of stream impacts and the development of Stream Banks; and WHEREAS, the city could generate revenue be developing a Steam Bank for the segment of stream that traverses through Smithtown Ponds and Freeman Park; and WHEREAS, the city will need to begin the scoping process of the project with the Army Corps of Engineers to better understand the effort and potential amount of credit generation for the project; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: The City of Shorewood authorizes staff and Bolton & Menk, Inc to initiate discussions with the Army Corps of Engineers and if needed complete the Stream Qualification Tool (SQT) that will be required and will allow for better scoping efforts of the project. th Passed by the City Council of Shorewood, Minnesota this 11 day of April 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 8B MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title/Subject: Memo of Understanding on Stream Restoration Project Meeting Date: Monday, April 11, 2022 Prepared by: Andrew Budde, City Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Overview Figure, Memo of Understanding, Resolution 22-037 Background: During the design and permitting of the Smithtown Pond projects the Army Corps of Engineers (ACOE) claimed jurisdiction over the adjacent stream channel and therefore may provide the opportunity for the city to develop a Stream Bank which could be a future source of revenue for the city. The center of the existing stream channel is very close to the property line of the abutting property at 26115 Smithtown Lane and is within 10 feet of undermining the existing garage. As part of the future scoping efforts for the Stream Restoration Project it is likely in the city’s best interest to relocate this small segment of the stream and create separation from the property line to help protect the stream in the future conservation easements to maximize the amount of potential stream bank credits. To complete this work, the city would need a right of entry or temporary construction easement from this property owner and could not utilize eminent domain in this scenario. The property owner at 26115 Smithtown Lane is looking to complete site and building improvements in the future and plans to increase its impervious surface over 1000 square feet therefore requiring a Storm Water Management Plan. Since the city has extensively modeled the surrounding watersheds as part of the Smithtown Pond project and needs a temporary easement from the property owner in order to maintain flexibility in the scoping of the stream restoration project, staff approached the property owner about a potential Memo of Understanding (MOU) that would allow for a 5-year temporary construction easement over a portion of the property in exchange for completing the Storm Water Management Plan and other items as negotiated. Financial Considerations: Stream Bank credits are selling for $1200/lineal foot of functional lift. There is a segment of stream approximately 100 feet long adjacent to the property that would be relocated/restored and could generate a value of $120,000 for the city. If the city is unable to acquire a temporary easement in the future to complete the work the city could lose out on this value of these credits or more. The MOU states that the city is providing an estimated value of $17,000 to the property owner in exchange for a 5-year temporary construction easement valued at $5,750. A portion of the $17,000 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 value was already being completed as part of the Smithtown Pond design efforts and was required to be duplicated at the expense of the property owner. Recommendation/Action Requested: Staff recommends approval of the Memo of Understanding with the property owner located at 26115 Smithtown Lane to allow for maximum flexibility in the scoping of the city’s stream restoration project. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-037 A RESOLUTION A MEMO OF UNDERSTANDING WITH PROPERTY OWNER OF 26115 SMITHTOWN LANE WHEREAS, the city could generate revenue be developing a Stream Bank for the segment of stream that traverses through Smithtown Ponds and Freeman Park; and WHEREAS, a portion of the existing stream channel is close to the property line of 26115 Smithtown Lane, within 10 feet of undermining the garage, and the city will need a temporary easement from the property owner relocate this stream segment; and WHEREAS, the city is looking to begin the scoping process of the project with the Army Corps of Engineers to better understand the effort and potential amount of credit generation for the project and would like flexibility in the scoping options to help maximize the potential revenue for the city; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: The City of Shorewood approves the Memo of Understanding with the property owner of 26115 Smithtown Lane that will allow for flexibility in scoping efforts to help maximize the potential review for the city. th Passed by the City Council of Shorewood, Minnesota this 11 day of April 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk Robert Kohns Page 1 April 5, 2022 April 5, 2022 Robert Kohns 26115 Smithtown Lane Shorewood, MN 55331 RE: Stream Restoration and 26115 Smithtown Ln Memo of Understanding (MOU) Dear Mr. Kohns: Cityundertaking stormwater drainage improvements to the Smithtown Pond parcel located west of your residence at 26115 Smithtown Lane, Shorewood, MN, 55331 Residence. The City also plans to complete a Stream Restoration Project within streams located in the Smithtown Pond parcel and Freeman Park at some future date (s. Projects will require the voluntary dedication of a temporary. Your Residence is planning a building expansion that will require a building permit from the City and will require a Storm Water Management Plan due to the anticipated amount of increased impervious surface. The purpose of this letter is to set forth the terms of understanding for the voluntary easement agreement to serve the Projects. The City to provide: 1. Topographic and boundary survey of your Residence (estimated value $3000). 2. Civil site construction plans and a Storm for acquiring a building permit (estimated value $3000). 3. Construction survey staking for buildings, grading, and drainage for the Residence (estimated value $1000). 4. Expand an existing biofiltration basin located in the right of way of Smithtown Lane to be utilized by the Resident to meet its Storm Water Management Plan requirements (estimated value $10,000). 5. Maintain in perpetuity the existing and expanded biofiltration basin . 6. Relocate the stream channel off the Residence and onto the city property as part of the Projects. The Property Owner to provide: 1. Approximately 15by 160temporary construction easement along the west property line located near the southern corner for the duration of 5 yearsfor the future Projects. (2804 sq ft at $0.41/sq ft/year = $5750 estimated value). No healthy trees are to be removed within this area, however grading, turf restoration, and other miscellaneous construction processes will occur, and the scope of the effort will be determined during the development of the Projects. 2. Right of Entry beyond temporary easement to allow for incidental encroachment and coordination of the Residence. 3. Completed architectural drawings of the building expansion necessary for acquiring a building permit from Shorewood. 4. Payment for permits and fees associated with the Residenceimprovements. Robert Kohns Page 2 April 5, 2022 5. All costs and maintenance for construction, grading, turf restoration, and sediment & erosion control for any improvements located on the Residence and identified in the Site/Grading/Erosion Control Plans. Please indicate your acceptance of these terms with your signature below and the City will prepare for execution the recordable easement documents in the form attached to this letter. Thank you in advance and you may contact me with any questions at 612.756.2486. Sincerely, Andrew Budde P.E. City Engineer ACCEPTED BY: Dated: Б/ MEETING TYPE Regular Meeting Title/Subject: Approve Plans and Specifications and Authorize Advertisement for Bids for Lift Stations 7, 9 & 10 Rehabilitation Projects, City Projects 20-12 & 21-08 Meeting Date: Monday, April 11, 2022 Prepared by: Matt Bauman, Assistant City Engineer Reviewed by: Larry Brown, Director of Public Works Attachments: Overview Maps, Bid Tabulation & Abstract, Resolution th Background: At the February 28 Council Meeting, staff had presented the final plans and specification for the Lift Stations 7, 9 & 10 Rehabilitation project. The three stations are packaged together as one plan set and Council had given authorization to advertise and open bids for the project. Bids for the project were opened on April 5, 2022. A total of three bids were received and the low bidder is submitted by R & R Excavating, Inc. from Hutchinson, MN. The bids are summarized below: Bidder: Total Bid Amount R & R Excavating, Inc. $706,398.64 Pember Companies, Inc. $725,183.35 Meyer Contracting, Inc. $822,521.88 Staff has reviewed all the bids received are accurate and indicate the bidding process $678,584.00, but 16% below the high bid. In 2021, Lift Stations 7 & 10 were bid as one project and the bids rejected due to what was perceived to be inflated pricing. The recent bid indicates this was not the case and that the cost of the rehabilitation work has truly risen. In addition to the construction bids, staff has directly purchased pump components and control circuitry for each of the three stations already. This allows the city to have uniformity across all the lift stations, minimizes the spare parts that are warehoused, and standardizes operations for employees. This is especially important during failures and emergencies. 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 Finally, Shorewood has many cultural resource monitoring locations and Lift Station 7 falls into one of those known areas. Provisions have been made to account for this during the 2022 construction season. The site is considered previously disturbed, since excavations were made when the lift station was originally installed. Financial Considerations: The total project costs for each of the lift stations are listed below: Lift Station 10: $150,000 (As originally listed in 2020 CIP) Lift Station 7: $240,000 (As originally listed in 2021 CIP) Lift Station 9: $240,000 (2022 CIP) Costs were unintentionally not updated with the latest round of CIP planning. The most current total project cost estimates based on the bids and purchased equipment are: Lift Station Bid Equipment Soft Cost Total Project Cost 7 $245,319.95 $63,410.00 $61,330.00 $370,059.95 9 $236,523.94 $66,625.00 $59,130.00 $362,278.94 10 $224,554.75 $62,310.00 $56,140.00 $343,004.75 Total $706,398.64 $192,345.00 $176,600.00 $1,075,343.64 Recommendation/Action Requested: Staff recommends that the Council accept the bids and award the Lift Station 7, 9 &10 Rehabilitation Project to the low bidder, R &R Excavating, Inc. ATTACHMENT 1 SITE LOCATION ЉЋЉЉCĻĻƷ 20 0.0 Disclaimer: ŷźƭ ķƩğǞźƓŭ źƭ ƓĻźƷŷĻƩ ğ ƌĻŭğƌƌǤ ƩĻĭƚƩķĻķ ƒğƦ ƓƚƩ ğ ƭǒƩǝĻǤ ğƓķ źƭ ƓƚƷ źƓƷĻƓķĻķ Ʒƚ ĬĻ ǒƭĻķ ğƭ ƚƓĻ͵ ŷźƭ ATTACHMENT 2 ATTACHMENT 6 ķƩğǞźƓŭ źƭ ğ ĭƚƒƦźƌğƷźƚƓ ƚŅ ƩĻĭƚƩķƭͲ źƓŅƚƩƒğƷźƚƓͲ ğƓķ ķğƷğ ƌƚĭğƷĻķ źƓ ǝğƩźƚǒƭ ĭźƷǤͲ ĭƚǒƓƷǤͲ ğƓķ ƭƷğƷĻ ƚŅŅźĭĻƭͲ ğƓķ ƚƷŷĻƩ ƭƚǒƩĭĻƭ ğŅŅĻĭƷźƓŭ ƷŷĻ ğƩĻğ ƭŷƚǞƓͲ ğƓķ źƭ Ʒƚ ĬĻ ǒƭĻķ ŅƚƩ LIFT STATION 9 AT 20995 ƩĻŅĻƩĻƓĭĻ ƦǒƩƦƚƭĻƭ ƚƓƌǤ͵ ŷĻ /źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ źƭ ƓƚƷ ƩĻƭƦƚƓƭźĬƌĻ ŅƚƩ ğƓǤ źƓğĭĭǒƩğĭźĻƭ ŷĻƩĻźƓ ĭƚƓƷğźƓĻķ͵ MINNETONKA BLVD λ .ƚƌƷƚƓ ε aĻƓƉͲ LƓĭ Ώ ‘ĻĬ DL{ЋΉЋЌΉЋЉЋЋ ЊЋʹЋА ta ATTACHMENT 3 City of Shorewood Project Bid Tabulation 2022 LIFT STATIONS 7, 9 & 10 REHABILITATION PROJECT Soliciting agent:Bolton & Menk, Inc. BMI PROJECT NO. 0C1.123096, C16.122395, 0C1.125086Contact:Andrew Budde, P.E. Bid Date:04/05/2022 2:00 PM CDT FirmTotal Bid R & R Excavating$706,398.64 Pember Companies$725,183.35 Meyer Contracting$822,521.88 Engineer's Opinion of Cost$678,584.00 I hereby certify that this is a true and correct tabulation of the bids as received on April 5, 2022 for the 2022 Lift Stations 7, 9 & 10 Rehabilitation Project, City Project 20-12 and 21-08. Andrew Budde, P.E., City EngineerSandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-038 A RESOLUTION TO AWARD CONTRACT FOR THE LIFT STATIONS 7, 9 AND 10 REHABILITATION PROJECT CITY PROJECTS 20-12 AND 21-08 WHEREAS, bids for the 2022 Lift Stations 7, 9 and 10 Rehabilitation Project were received on April 5, 2022 opened and tabulated according to law, with the following bids received: Contractor Total Bid R & R Excavating $706,398.64 Pember Companies $725,183.35 Meyer Contracting $822,521.88 WHEREAS, City staff recommends award of the 2022 Lift Stations 7, 9 and 10 Rehabilitation Project; and WHEREAS, R &R Excavating, Inc. is the lowest responsible bidder; and WHEREAS, R &R Excavating, Inc. is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorized and directed to enter into a contract with R &R Excavating, Inc. based on the lowest bid amount of $706,398.64 in the name of the City of Shorewood for the 2022 Lift Stations 7, 9 and 10 Rehabilitation Project according to the plans and specifications on file in the office of the City Clerk. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11 day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 8D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Resolution to approve a Mutual Aid Agreement Between Public Works Agencies and Equipment Sharing Agreement MeetingDate:April 11, 2022 Prepared by: Larry Brown, Director of Public Works Attachments: Map, Mutual Aid Agreement, Equipment Sharing Agreement, Frequently Asked Questions, Resolution Policy Consideration: Should the City Council enter into a standard Mutual Aid Agreement and Equipment Sharing Agreement between various agenciesacross the State of Minnesota? Background: The purpose of these agreements is to provide a process for local units of government across the State of Minnesota to share public works personnel and equipment with participating agencies. There is no membership or fixed cost to participate in this Mutual Aid Agreement or Equipment Sharing Agreement. There are many reasons to have a mutual aid agreement with our neighboring agencies and agencies across the state. These situations range from normal day to day activities, training, or full scale disasters or mutual aid for emergency operations. Attachment 1 to this memorandum is a map of the cities that have already adopted the mutual aid agreement. This agreement is being propagated across the State as a standard agreement. This type of arrangement is very similar to what fire districts have had in place for many years. Why enter into such an agreement? The Federal Emergency Management Agency (FEMA) strongly recommends that any sharing of materials, machinery, or labor have a mutual aid agreement in place, prior to a disaster or mutual aid event, to obtain reimbursement from FEMA. The City of Shorewood has had to go through the long and arduous process of trying to obtain reimbursement for assistance that was obtained from Hennepin County Public Works for dump trucks and personnel to assist the city in clearingtree debris from straight line winds for the declared th disaster DR1225, on May 15, 1998. At the initiation of the settlement conference, FEMA representatives did not want to recognize costs incurred by the city, since there wereno mutual aid agreements in place prior to the event. After considerable negotiation, the city was able to recoup $97,668 of incurred costs. This would have been much easier with agreements in place prior to the event. Many agencies, including Hennepin County, are lobbying and sometimes requiring other agencies to have such agreements in place to be able to take advantage of resources proposed by mutual aid, or joint purchasesamd operations. Hennepin County and larger communities are ones 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. that the City of Shorewood may look to for resources, both in a disaster event and even in day-to- id agreement is an umbrella agreement that can be applied day operations, if needed. The mutual a to both scenarios. Most recently, a requirement to be part of the Mutual Aid Agreement has been documented in an up-and-coming issue that will likely be considered by police departments and coordinating committees across several counties in the metropolitan area for perimeter fence protection during civil unrest. While proposals have yet to be presented for consideration by agencies, most of the draft joint powers agreements for fencing seen thus far require that the Mutual Aid Agreement for Public Works be in place, as Public Works is the planned vehicle for installation of such fencing, under direction from the Police Chief or Incident Commander for such events. Under these circumstances it is proposed that many public works agencies would participate together as a rapid response team for any installation, as it takes a considerable amount of labor and machinery to install adequate fencing in a relatively short duration. A Mutual Aid Agreement is vital to establish a framework for such a rapid response team, as several agencies may be involved at any given time. It is noted that Police Chief Brian Tholen will be present to speak to this issue, if desired. Hennepin County Division of Emergency Management has volunteered to be the administrative coordinator or depository for the Public Works Mutual Aid Agreements. Attachment 2 is the Mutual Aid Agreement under consideration, with Attachment 3 covering the specifics of the loaning of equipment between agencies. What are the negative aspects to participating in the Mutual Aid Agreement? Since this agreement was initiated in 2019, there has been several agencies who have asked, what if I have equipment that I do not want to share? The agreement gives the receiving agency for any or all requests whether they are willing to meet anyrequest or not. The agreement does not bind any agency to loan any equipment, labor or materials. This is only a mechanism to honor a request, if desired. Thus, there is no risk on one agency taking advantage of another agency. What are the negative aspects of not participating in the Mutual Aid Agreement? As this standard agreement is being passed across the metro and across several counties, it has already become the standard that is expected to be utilized where one agency requests assistance from another agency. Some agencies are declining assisting other agencies unless the agreement has been adopted. For the City of Shorewood, the most likely occurrence of this agreement being needed is a weather- related scenario. As mentioned, the city has experienced that need previously. Under these scenarios, the likely agency that Shorewood would depend upon again would be Hennepin County for trucks, labor and possibly materials. Hennepin County has adopted the agreement and has volunteered to be the central host for agreements and requests. Therefore, in my recommendation, these agreements are vital agreements to ensure continuity of government during day-to-day events, natural disasters and likely civil unrest. Attachment 4 Frequently Asked Questions sheet regarding the agreement proposed. Recommendation: Staff is recommending approval of the Resolution that authorizes the Mayor and City Administrator to enter into a Mutual Aid Agreement for Public Works, in addition to the Equipment Sharing Agreement, as presented herein. Mutual Aid Agreements KanabecPine BentonMille Lacs Isanti Chisago Sherburne Anoka Wright Washington Ramsey Hennepin Carver Dakota Scott Goodhue Legend: Mutual Aid Agreement - County No 6 Miles Yes ATTACHMENT 1 Mutual Aid Agreement - City/Township · MAP OF PARTICIPATION No Yes ATTACHMENT 2 MUTUAL AID AGREEMENT City of Shorewood, MN 5755 Country Club Road Shorewood, MN 55331 11th April, 2022 Jennifer Labadie Mayor Sandie Thoen City Clerk ATTACHMENT 3 EQUP. LOAN AGMT. ATTACHMENT 4 FAQ MUTUAL AID AGMT. ATTACHMENT 5 FAQ EQUIP. LOAN AGMT. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-039 A RESOLUTION APPROVING THE PUBLIC WORKS MUTUAL AID AGREEMENT AND EQUIPMENT LOAN FORM OF AGREEMENT WHEREAS, the Mutual Aid Agreement provides a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota; and WHEREAS, the Equipment Loan Agreement provides a process for units of government to request and supply equipment with other agencies within the State of Minnesota; and WHEREAS, the Director of Public Works and the City Attorney have reviewed said agreements and found them to be in order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHOREWOOD, MINNESOTA. 1. The Mayor and City Clerk are hereby authorized to enter into the Public Works Mutual Aid Agreement. 2. The Form of Agreement for Equipment Sharing is hereby adopted for use, as needed. BE IT FURTHER RESOLVED that the Director of Public Works and City Administrator are both designated as the “Requesting Official” and the “Sending Official” for the Public Works Joint Powers Mutual Aid Agreement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of April, 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item Title/Subject: Licensed Residential Refuse Haulers Update 10A1 Meeting Date: Monday, April 11, 2022 MEETING TYPE Prepared by: Sandie Thone, City Clerk/HR Director Regular Meeting Reviewed by: Greg Lerud, City Administrator Licensed Residential Refuse Haulers Update: With all the movement, mergers and acquisitions in the Refuse Hauler’s world, we thought it may be a prudent time to provide an update on Shorewood Licensed Refuse Haulers. Current Licensed Haulers for 2022: License # Hauler Name Hauler Address Hauler Phone # 22-003 Waste Management 490 Industrial Blvd 320.485.4061 of MN, Inc. Winsted, MN 55395 22-010 Republic Services 9813 Flying Cloud Dr 952.292.1734 Eden Prairie, MN 55347 22-012 Randy’s Sanitation, 4351 US Hwy 12 SE 763.972.3335 A Republic Services Co. Delano, MN 55328 22-034 Republic Services 1195 Sunnyfield Rd N 952.472.3398 (formerly Blackowiak) Mound, MN 55364 th 22-050 Curbside Waste, Inc. 4025 85 Avenue N 763.504.2872 Brooklyn Park, MN 55443 The changes have been numerous and somewhat confusing. In December of 2020, Randy’s Environmental Services was acquired by Republic Services and now operates as Randy’s Sanitation, a Republic Services Company. Blackowiak Disposal is now part of Republic Services as well. Curbside Waste, Inc. is Shorewood’s newest licensed hauler and the only hauler to currently offer every other week curbside pick-up for organics. Residents may see a change in their hauler’s truck as these changes are integrated. Shorewood residents may contract with the hauler of their choice from the list of licensed trash haulers. Refuse haulers in Shorewood are required to offer a yard waste option and rate reductions for residents choosing to use a smaller garbage container. Licensed haulers are the only haulers that can be used for residential hauling in Shorewood. Shorewood welcomes all haulers to apply for a Refuse Haulers License. Shorewood has no limits on the number of haulers allowed to work in the city. Action Requested: No action at this time – Informational Purposes Only 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