12-12-22 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
TRUTH-IN-TAXATION PUBLIC HEARING 7:00 P.M.
MONDAY, DECEMBER 12, 2022
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 November 28, 2022 Minutes
B. City Council Regular Meeting Minutes of November 28, 2022 Minutes
C. Approval of the Verified Claims List Claims List
D. Approve 2023 City Council Meeting Schedule City Clerk/HR Director Memo
Resolution 22-126
E. Approve Appointment of Matthew Morreim as Interim City Administrator Memo
Public Works Director
F. Accept Donation from Lucky’s Station for Arctic Fever Event Parks/Rec Director Memo
Resolution 22-127
G. Approve Programmatic Stormwater Agreement with Minnehaha City Engineer Memo
Creek Watershed District Resolution 22-128
H. Approve Temporary Liquor License for Arctic Fever Event Deputy Clerk Memo
Resolution 22-129
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
I. Approve City Amendments to MS4 City Engineer Memo
Ordinance 596
Ordinance 597
Resolution 22-130
Resolution 22-131
J. Approve Bolton & Menk Contract Renewal Interim City Administrator Memo
K. Approve Campbell Knutson Civil Legal Services Interim City Administrator Memo
Contract Renewal
L. Approve Campbell Knutson Criminal Prosecution Interim City Administrator Memo
Services Renewal
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 raise your hand or 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. The mayor or council may request that staff
place this matter on a future agenda or ask staff to address it during Item 10. Staff Reports. (No Council Action will be taken)
4. TRUTH IN TAXATION PUBLIC MEETING
(Public Comment Welcome)
A. Adopt 2023 Property Tax Levy and General Fund Budget Finance Director Memo
Resolution 22-132
Adopt 2023 Shorewood Community and Event Center and Finance Director Memo
Enterprise Fund Budgets Resolution 22-133
Adopt 2023-2032 Capital Improvement Plan and 2023 Capital Finance Director Memo
Project Fund Budgets Resolution 22-134
5. REPORTS AND PRESENTATIONS
A. Employee Service Awards Interim City Administrator Memo
B. Recognition of Service:
Larry Brown, Director of Public Works
Nat Gorham, City Council
6. PLANNING
A. Presentation by Commissioner Huskins on 12-06-22 Planning Commission Meeting
7. GENERAL/NEW BUSINESS
A. Review Reaffirmation of Bee Safe Resolution Planning Director Memo
Resolution 22-135
CITY COUNCIL REGULAR MEETING AGENDA
Page 3
8. STAFF AND COUNCIL REPORTS
A. Staff
B. Mayor and City Council
9. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL SPECIAL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, NOVEMBER 28, 2022 5:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 5:30 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers: Siakel, Gorham, Johnson and Callies; Interim
City Administrator Shukle; Public Works Director Brown, City Engineer Budde,
Finance Director Rigdon and Planning Director Darling.
Absent: None
B. Approve Agenda
Johnson moved, Siakel seconded, to adopt the agenda as presented . Motion passed 5/0.
C. Interview Finalists for Public Works Director position.
Matthew Morreim was first to interview in person. The City Council asked a series
of questions. Upon completion of the interview, the second finalist, Mitch
Robinson, was interviewed via Zoom. The same questions were asked of Mr.
Robinson.
D. Discussion
The City Council then discussed the finalists. Consensus was to extend an
employment offer to Matthew Morreim. The direction given was to add this item to
the Regular City Council meeting this evening to approve extending an offer to
Matthew Morreim for the position of Public Works Director.
E. ADJOURN
Johnson moved, Gorham seconded, adjourning the City Council Work Session Meeting of
November 28, 2022, at 6:48 p.m. Motion passed 5/0.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, NOVEMBER 28, 2022 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:01 P.M.
A. Pledge of Allegiance
B. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Siakel, Gorham, and Callies; Interim
City Administrator Shukle; City Clerk/HR Director Thone; Finance Director Rigdon;
Planning Director Darling; Director of Public Works Brown; and, City Engineer
Budde
Absent: None
C. Review Agenda
Mayor Labadie asked to add an item under General New Business for discussion of the Public
Works Director position.
Siakel moved, Gorham seconded, approving the agenda, as amended. All in favor, motion
passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Siakel moved, Gorham seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Work Session Minutes of November 7, 2022
B. City Council Work Session Minutes of November 14, 2022
C. Municipal Canvas Board Meeting Minutes of November 14, 2022
D. City Council Regular Meeting Minutes of November 14, 2022
E. Approval of the Verified Claims List
F. Approve Permanent Appointment of Matt VanLith, Pubic Works Light
Equipment Operator
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
NOVEMBER 28, 2022
Page 2 of 6
G. Accept Donation from Minneapolis Southwest Lions Club for Diabetes
Emergency Kit for SCEC, Adopting RESOLUTION NO. 22-119, “A Resolution
Accepting Donation to the Shorewood Community and Event Center.”
H. Approve Holiday Schedule
All in favor, motion passed.
3. MATTERS FROM THE FLOOR
4. PARKS
A. Report by Commissioner Hirner on October 25, 2022 Park Commission Meeting
Parks Commissioner Hirner gave a brief overview of the discussion and actions taken at the
October 25, 2022 Park Commission meeting.
Mayor Labadie noted that regarding the Galpin Lake Trail issue, Shorewood made the bus tour,
but then it kind of stalled which she thinks was due to the time the elected officials were dedicating
to their campaigns and staying away from potentially controversial topics. She explained that the
City intends to revisit this issue with City Engineer Budde and Public Works Director Brown.
5. PLANNING
A. Report by Commissioner Riedel on November 15, 2022 Planning
Commission Meeting
Planning Commissioner Riedel gave a brief overview of the discussion and actions taken at the
November 15, 2022 Planning Commission meeting.
B. Review Conditional Use Permit for Antenna Collocation
Applicant: SMJ International on behalf of AT&T
Location: 24283 Smithtown Road
Planning Director Darling explained that this was an application from SMJ International on behalf
of AT&T to add cellular antennas, radio receiving units, and various other equipment in a triangular
array on the existing tower and the associated ground equipment. She reviewed the location of
the tower and the proposed placement of the equipment. She explained that in review of the
request, staff had asked that the appearance be less industrial and more applicable to a
commercial setting. She noted that the Planning Commission held a public hearing, but no one
from the public addressed the Commission and stated that following discussion, the Planning
Commission refined the recommendations that had been made by staff and voted unanimously
to recommend approval subject to the conditions as proposed in the packet. She explained that
she had inadvertently left in the requirement that the ground equipment and other appurtenances
be painted to match the other accessory building, which the Planning Commission had removed
and asked that the Council remove this condition in their motion. She noted that the applicant is
present, via Zoom, if the Council has any questions.
Callies moved, Gorham seconded, Adopting RESOLUTION NO. 22-121, “A Resolution
Approving a Conditional Use Permit for an Antenna Collocation on an Existing Monopole
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
NOVEMBER 28, 2022
Page 3 of 6
and Related Equipment at 24283 Smithtown Road, with the removal of , as revised with
removal of condition 4.b.(4).” All in favor, motion passed.
C. Review Concurrent Detachment/Attachment with Chanhassen
Applicant: Carl Zinn
Location: North ½ of 6200 Cardinal Drive (3411723440052)
Planning Director Darling stated that in order for a concurrent detachment/attachment with
Chanhassen, the reviewing City needs to amend their Comprehensive plan. She explained that
this action would essentially move the boundary lines between Shorewood and Chanhassen. She
stated that in this situation, the property owner owns three parcels, but are planning to sell and
would like to consolidate the two northerly properties into one buildable lot that would be located
entirely in the City of Shorewood. She explained that because of the grade of the property, the
applicant is proposing to use Chanhassen utilities and access from a private drive on the lot near
the southeast corner of the site. She noted that included in the packet was a Joint Powers
Agreement that had been crafted by staff from both cities for Council review, that follow review
from both cities legal counsels have indicated that the language in paragraph eight was
problematic and needed to be removed. She explained that Chanhassen also agreed with the
removal of this language their Council was also reviewing this application at their meeting. Staff
recommends approval subject to removal of paragraph 8 of the utility agreement. She noted that
the Planning Commission was not required to review the utility agreement, but unanimously
recommended approval of the others items that were within their purview.
Councilmember Gorham asked if there needed to be separate access agreements for each
property.
Planning Director Darling stated that they will have to show that the parcels to be combined would
have legal access all the way over to Cardinal before a building permit will be issued.
Gorham moved, Johnson seconded, Adopting RESOLUTION NO. 22-123, “A Resolution
Approving a Comprehensive Plan Amendment for the Property on the North Portion of
6200 Cardinal Avenue (3411723440052).” All in favor, motion passed.
Gorham moved, Johnson seconded, Adopting ORDINANCE NO. 22-595, “An Ordinance
Amending Section 1201.09 Subd. 2 of the Shorewood Zoning Code – The Shorewood
Zoning Map (3411723440052)”. All in favor, motion passed.
Gorham moved, Johnson seconded, Adopting RESOLUTION NO. 22-124, “A Resolution
Approving a Utility Agreement for the Properties Known as 3411723440050 and
3411723440052.” All in favor, motion passed.
Callies moved, Labadie seconded, Adopting RESOLUTION NO. 22-122, “A Joint
Resolution Requesting Concurrent Detachment from Chanhassen and Annexation into
Shorewood of Certain Lands Pursuant to Minnesota Statutes Section 414.061.” All in
favor, motion passed.
6. GENERAL/NEW BUSINESS
A. Discussion of Director of Public Works Position
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
NOVEMBER 28, 2022
Page 4 of 6
Mayor Labadie explained that earlier this evening, the Council conducted interviews for the Public
Works Director position. She stated that following the interviews, the Council made a unanimous
decision to extend an offer to Matthew Morreim.
Callies moved, Siakel seconded, to extend an offer of employment to Matthew Morreim for
the Director of Public Works position. All in favor, motion passed.
Mayor Labadie noted that one portion of the discussion that the Council was not able to completed
was related to salary for this position.
Councilmember Siakel asked which member of staff would contact Mr. Morreim.
Interim City Administrator Shukle stated that City Clerk/HR Director Thone would extend the offer
to Mr. Morreim.
Councilmember Siakel stated that she would suggest that City Clerk/HR Director Thone extend
the offer to Mr. Morreim and suggested that she given the latitude to negotiate a salary that did
not exceed the maximum salary that had been posted.
Mayor Labadie asked if in the past it was the usual practice for City Clerk/HR Director Thone to
negotiate the salary of a department head.
Interim City Administrator Shukle noted that Clerk Clerk/HR Director Thone had done this for the
latest hire of the Parks and Recreation Director.
Mayor Labadie stated that, in her opinion, she thinks any negotiation of this type should be
handled by Interim City Administrator Shukle.
There was consensus of the Council to direct Interim City Administrator Shukle to handle
extending the offer and negotiating salary to Matthew Morreim for the Director of Public
Works position.
Siakel moved, Callies seconded, to direct Interim City Administrator Shukle to extend
an offer and negotiate a salary not to exceed the maximum salary that had been posted for
the position. All in favor, motion passed.
7. STAFF AND COUNCIL REPORTS
A. Staff
Finance Director Rigdon stated that the Truth in Taxation meeting will be held December 12, 2022
at 7:00 p.m.
Councilmember Siakel noted that she had received a number of calls about the valuations and
tax statements and would not be surprised if a number of people show up for the meeting this
year.
Finance Director Rigdon noted that the City had not yet received any calls about this, but noted
that the valuations increased by about twenty-six to twenty-eight percent.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
NOVEMBER 28, 2022
Page 5 of 6
Interim City Administrator Shukle noted that in his seven months working at the City he has
enjoyed working alongside Councilmember Siakel. He stated that the amount of knowledge she
has brought has been very beneficial and wished her well in her retirement.
B. Mayor and City Council
Councilmember Gorham also extended his appreciation to Councilmember Siakel and noted that
he did not think people realized the sacrifices that she had made in serving the City for twelve
years because involvement on the Council and the other various meetings is a large time
commitment.
Councilmember Callies stated that she would echo what has been shared about Councilmember
Siakel and noted that she would be sorely missed on the Council.
Councilmember Johnson stated that Councilmember Siakel’s mentorship has meant the world to
him.
Councilmember Siakel stated that she had not intended to say anything, but she wanted people
to know about the City staff who shows up all the time. She explained that there had been some
very interesting things that have happened and staff has always done their best to help the Council
look good in front of the public. She stated that she literally thinks that Shorewood has the best
staff ever. She stated that she has enjoyed serving in this capacity and encouraged people to
volunteer because you really get an understanding of the City and the value of local government.
She stated that she is hopeful that when the public comes forward as issues come up in the City
that that they retain a sense of respect for both staff and the Council, because she feels that has
been lacking recently.
Mayor Labadie clarified that the reason everyone was wishing Councilmember Siakel well was
because tonight is her last meeting as she did not run for re-election. She noted that
Councilmember Siakel served three terms on the City Council which is the equivalent of twelve
years and included four years on the Excelsior Fire District Board, and two years on the Lake
Minnetonka Conservation District Board. She explained that Councilmember Siakel has lived in
Shorewood for thirty years and grows vegetables in the Shorewood community garden space.
She stated that she can echo the comments already made about Councilmember Siakel that she
has truly been a mentor, stepped up and said things when others were too shy to say them, and
helped her move into a leadership role as mayor. She stated that there will be some cookies
available following the Council meeting if anyone would care to join them in honoring
Councilmember Siakel.
Mayor Labadie noted that she will be having pancakes with other area mayors in Dean Phillips’
district tomorrow morning in order to get a legislative update. She noted that on December 1,
2022 the South Lake Minnetonka Police Department will hold their very first Officer of the Year
banquet and noted that she plans on attending. She stated that one additional Councilmember
can go without causing issues with open meeting laws and encouraged anyone interested to
contact her for details.
Mayor Labadie explained that there was another collision on the evening of Thanksgiving at the
intersection of Eureka and Highway 7.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
NOVEMBER 28, 2022
Page 6 of 6
Councilmember Johnson stated that he believes that was the second accident at the location
within a week.
Mayor Labadie explained that Chief Tholen is pulling together statistics on the recent incidents.
She clarified that because Highway 7 is a State highway it is under the control of MnDOT but
noted that the City was working to get meetings set up with MnDOT as well as senators and
representatives because the City cannot remedy the situation by themselves.
8. ADJOURN
Siakel moved, Johnson seconded, Adjourning the City Council Regular Meeting of
November 28, 2022, at 7:45 P.M. All in favor, motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2D
Title/Subject: Resolution Setting 2023 Regular Meeting Schedule
Meeting Date: Monday, December 12, 2022
MEETING
Prepared by: Sandie Thone, City Clerk/HR Director
TYPE
Regular Meeting
Reviewed by: Ed Shukle, Interim City Administrator
Attachments: Resolution and Schedule of Meetings
Policy Consideration: Pursuant to Minnesota State Statute §13D.04 the city council is
required to provide the regular meeting schedule on file at city offices. In addition, the
statute specifically requires that should an alternate date be chosen for a regular
meeting other than one on the annual schedule, that the city follow the notification
requirements for a special meeting which includes posting the date, time, place and
purpose of the meeting on the official posting board at City Hall.
Background: Regular city council meetings which could include council work sessions
prior to the regular meeting for the year 2023 will be held on the second and fourth
Mondays of each month in the City Council Chambers located at 5755 Country Club
Road in Shorewood, MN or via electronic format as allowed. Should the meeting fall on
a holiday and an alternate date is chosen for the meeting in lieu of opting out of the
meeting date, the process and requirements for calling a special meeting will be
followed. I have included a Schedule of the proposed 2023 regular meetings. One
regular meeting falls on a Federal Holiday: Columbus Day. Pursuant to Minnesota
State Statute 645.44, Subdivision 5, no public business may be transacted including
public meetings on a Federal Holiday, with the exception of emergencies. Please note
on the schedule that I have moved the regularly scheduled city council meeting that
lands on a Federal Holiday to the following Tuesday as has been the practice the past
five years. The Truth-In-Taxation meeting will be held on the second Monday in
December along with our regularly scheduled city council meeting on that date. The
second meeting in December falls on Christmas Day and has been cancelled.
Action Requested: Staff respectfully recommends the city council approve the
Resolution Setting the 2023 Regular City Council Meeting Schedule.
Motion, second and simple majority vote required.
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
2023 City of Shorewood
City Council Regular Meeting Schedule
Monday, January 9 Monday, January 23
Monday, February 13 Monday, February 27
Monday, March 13 Monday, March 27
Monday, April 10 Monday, April 24
Monday, May 8 Monday, May 22
Monday, June 12 Monday, June 26
Monday, July 10 Monday, July 24
Monday, August 14 Monday, August 28
Monday, September 11 Monday, September 25
Tuesday, October 10* Monday, October 23
Monday, November 13 Monday, November 27
nd
Monday, December 11 (TIT) 2 Meeting Cancelled
*changed from Monday to Tuesday to accommodate Federal Holiday
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-126
A RESOLUTION SETTING THE 2023 REGULAR CITY COUNCIL
MEETING SCHEDULE FOR THE CITY OF SHOREWOOD
WHEREAS, Minnesota Statute §13D.04, Subdivision 1 requires a schedule of the
regular meetings of the City Council be kept on file at its primary offices; and
WHEREAS, Minnesota Statute §13D.04, Subdivision 2 requires that should a Regular
City Council meeting fall on a holiday and an alternate date must be scheduled, the City
Council will give sufficient notice as regulated in the special meeting statute by posting a
written notice on the principal bulletin board of the public body of the date, time, place,
and purpose of the meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
For the Year 2023, the Regular City Council meetings which could include council work
sessions prior to the regular city council meeting will be scheduled on the 2nd and 4th
Mondays of each month and shall be held in the Council Chambers of the Shorewood
City Hall located at 5755 Country Club Road, Shorewood, MN or an alternate electronic
meeting as allowed. In the event that a Federal Holiday falls on a Monday the Regular
City Council meeting will be held on the following Tuesday. The annual Truth in
Taxation meeting has been added to the regularly scheduled meeting on the second
Monday in December. The second meeting in December has been cancelled due to the
Christmas holiday. Any changes or alterations to this schedule will require notice and
posting of an alternate date for the meeting.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
December 2022.
__________________________
Jennifer Labadie, Mayor
ATTEST:
________________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2E
Title/Subject: Approve Appointment of Matthew Morreim as Public
Works Director
MEETING
Meeting Date: Monday, December 12, 2022
TYPE
Regular
Prepared by: Ed Shukle, Interim City Administrator
Meeting
Reviewed by: Sandie Thone, City Clerk/HR Director
Attachments: Employment Offer Letter
Background: With the resignation of Larry Brown as Public Works Director, the City
Council authorized staff to post the position and take applications from qualified
candidates. Three (3) applications were received. Staff interviewed 3 candidates and
recommended two (2) candidates to be interviewed by the City Council. Those
interviews took place on November 28 in person and virtually. Matthew Morreim was
the Council’s choice and they directed staff to extend an offer of employment to Mr.
Morreim. After some negotiation, Mr. Morreim has accepted the city’s offer of
employment. Attached is a copy of the offer letter which Mr. Morreim has accepted.
The offer is conditional based upon successful completion of background, reference
check and leadership assessment. Mr. Morreim has agreed to begin employment on
Monday, January 9, 2023.
Financial Considerations: Position is budgeted for in the Public Works Department
budget.
Action Requested: Staff respectfully recommends the city council approve the
appointment of Matthew Morreim as Public Works Director.
Motion, second and …(Simple Majority, Majority or Two-Thirds) vote required.
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
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331 · 952.960.7900
· www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us
December 1, 2022 Transmitted Via Email
To:
1 of 2 pages
Mr. Matthew Morreim
Dear Matt:
Please consider this letter a conditional offer of employment as Public Works Director for the
City of Shorewood. Please find the terms of the offer below:
1. Starting annual salary of $141,000. This amount includes the 2023 cost of living adjustment of
3%. Please understand that this is the top of the range for this pay grade.
2. Six-month probationary appointment with performance review at the end of six months
to be conducted by the City Administrator. Upon completion of your probationary period
of 6 months, the City Council will approve you as permanent in this position.
3. All other benefits governed by the city personnel policy. Position is eligible for health,
dental, life, short/long term disability insurance, and Public Employee Retirement
Association (PERA) benefits. City presently contributes $1,380 per month towards
those premiums. In addition, you would receive sick and vacation leave on the same
schedule as all other employees. Based upon the information you provided over the
phone yesterday, November 30, 2022, health insurance costs for you and your family
totals $1,566.95 per month. Family dental insurance is $121.46 per month. The Short-
Term Disability insurance, Long-Term Disability insurance and Basic Life Insurance
($100,000 term life) policies, will cost approximately $100.00 per month. Thus, the
estimated cost of benefits is $1,790 per month. The City’s contribution is $1,380 per
month. In summary, your monthly contribution is $410.00 per month or $190.00 per
pay period.
4. Effective upon your first day of employment, the City will provide you with Vacation
th
Leave Accrual as if you were beginning your 10 year of employment at a rate of 6.153
hours per pay period worked or 20 days maximum per year (already banked on your
first date of employment).
5. Effective upon your first day of employment, you would be credited with three (3) days
of accrued sick leave (already banked on your first day of employment). In addition,
you will accrue sick leave at a rate of one (1) day per month in accordance with the
City’s personnel policies.
6. The city will provide you with mileage reimbursement for miles driven related to City of
Shorewood business within the City of Shorewood and surrounding areas at the
current Internal Revenue Service (IRS) rate.
7. The city will either provide you with a city issued cell phone to be used only for city
related business or will provide a monthly cell phone reimbursement (see Sandie
Thone, City Clerk/HR Director regarding this item).
This offer is conditional on the city receiving a favorable background check, a pre-employment
leadership assessment by the City’s consulting HR firm and approval by the Shorewood City
Council.
Page 2 2 of 2 Pages
As you know, the current Director of Public Works, Larry Brown, is retiring from the City of
Shorewood on December 28, 2022. Understanding that you may not be able to begin
employment with the City of Shorewood until after that date, if you can arrange to begin soon as
possible after that date, that would be wonderful!
If you have any questions, please contact me at 952-960-7905 (office), 612-269-7015 (cell) or
email at eshukle@ci.shorewood.mn.us We look forward to you joining our staff.
Sincerely,
Edward J. Shukle, Jr.
Edward J. Shukle, Jr.
Interim Shorewood City Administrator
Cc: Sandie Thone, City Clerk/HR Director
City of Shorewood Council Meeting Item
2F
Title/Subject: Resolution Accepting Donations to Arctic Fever Event
Meeting Date: Monday, December 12, 2022
MEETING
Prepared by: Janelle Crossfield, Park/Rec Director
TYPE
Reviewed by: Brenda Pricco, Deputy Clerk
Regular
Attachments: Resolution 22-127
Meeting
Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and
§471.17 all donations or gifts of real and personal property, including donations for the
benefit of public recreational services, must be accepted by the city council.
Background: The following persons or entities have offered to contribute the cash
amounts set forth below, for the purpose of the 2023 Arctic Fever Event being held on
January 20 and January 21, 2023:
Name of Donor Amount
Lucky’s Station $276.06
Financial Considerations: This donation will help to cover expenses incurred for the
2023 Arctic Fever Event.
Action Requested: Staff respectfully recommends the city council approve the
Resolution Accepting Donations as Delineated in the Resolution to the 2023 Arctic
Fever Event and direct staff to send a thank you note to all donors.
Motion, second and two-thirds majority vote required.
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
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-127
A RESOLUTION ACCEPTING DONATIONS TO THE
CITY OF SHOREWOOD 2023 ARCTIC FEVER EVENT
WHEREAS, the City of Shorewood is generally authorized to accept donations of real
and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of
its citizens, and is specifically authorized to accept gifts and is authorized to accept gifts
for the benefit of their public recreational services pursuant to Minnesota Statutes
section 471.17; and
WHEREAS, the following persons and entities have offered to contribute a donation as
set forth below to the city:
Name of Donor Amount
Lucky’s Station $276.06
WHEREAS, the terms or conditions of the donations are to be used for the 2023 Arctic
Fever Event; and
WHEREAS, all such donations have been contributed to the city for the benefit of its
citizens, as allowed by law; and
WHEREAS, the City Council finds that it is appropriate to accept the donation offered.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. The donations described above are accepted and shall be used to establish
and/or operate services either alone or in cooperation with others, as allowed by
law.
2. The city clerk is hereby directed to issue receipts to each donor acknowledging
the city’s receipt of the donor’s donation.
Passed by the City Council of Shorewood, Minnesota this 12th day of December, 2022.
__________________________
Jennifer Labadie, Mayor
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-128
A RESOLUTION TO APPROVE PROGRAMMATIC MAINTENANCE AGREEMENT
WITH MINNEHAHA CREEK WATERSHED DISTRICT
WHEREAS, pursuant to Minnesota Statutes § 103D.345, the Minnehaha Creek
Watershed District (MCWD) has adopted and implements the Stormwater Management
Rule, and Wetland Protection Rule; and
WHEREAS, under the Stormwater Management Rule, certain land development activity
triggers the requirement that the landowner record a declaration establishing the
landowner’s perpetual obligation to inspect and maintain stormwater-management
facilities; and
WHEREAS, in each case, a public landowner, as an alternative to a recorded
instrument, may meet the maintenance requirement by documenting its obligations in
an unrecorded written agreement with the MCWD;
WHEREAS, Shorewood maintains a Capital Improvement Plan that includes projects
that occasionally is subject to stormwater management and wetland buffer maintenance
requirements, pursuant to the terms of an MCWD permit;
WHEREAS, Shorewood must implement an operations and maintenance program that
prevents or reduces the discharge of pollutants from City-owned and operated facilities
and operations per the City’s authorization to discharge stormwater associated with
small Municipal Separate Storm Sewer Systems (MS4) under the National Pollutant
Discharge Elimination System (NPDES) / State Disposal System (SDS) program
(Permit MNR040000) as administered by the Minnesota Pollution Control Agency
(MPCA); and
WHEREAS, the Shorewood and the MCWD concur that it is clearer and procedurally
more efficient for the MCWD and Shorewood to agree at this time on standard
requirements for stormwater management and wetland buffer protection so that this
agreement may be incorporated into future permits as applicable; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
The City of Shorewood hereby approves the Programmatic Maintenance Agreement for
Stormwater Management and Wetland Protection with the Minnehaha Creek Watershed
District.
IT IS FURTHER RESOLVED that the Mayor and the City Administrator are authorized
to execute the Agreement.
th
Passed by the City Council of Shorewood, Minnesota this 12 day of December 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2H
Title/Subject: Temporary On-Sale Liquor License for Arctic Fever Event
MEETING TYPE
Meeting Date: Monday, December 12, 2022
Regular Meeting
Prepared by: Brenda Pricco, Deputy City Clerk
Reviewed by: Miechelle Norman, Administrative Assistant
Attachments: Resolution 22-129
Policy Consideration: Shorewood City Code, Chapter 401 provides that no person may directly or
indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or
otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the
required license or permit.
Temporary On-Sale Liquor License for Arctic Fever Community Event for Excelsior Brewing:
The MN Department of Public Safety, Alcohol and Gambling Division (AGE) allows for the Permit of a 1-4
day Temporary On-Sale Liquor License for specific organizations including small brewers in conjunction
with a community festival pursuant to MN Statute §340A.404, Subd.4.
Background:
The following establishment is requesting council consideration in issuing a temporary liquor license for
the City’s Arctic Fever event being held on January 20, 2023 from 5:30 p.m. to 7:30 p.m.at the
Shorewood Community and Event Center located at 5735 Country Club Road, Shorewood, MN 55331:
Applicant Address License_______
Excelsior Brewing 421 Third Street Temporary On-Sale Liquor License
Randy Howe, Vice President Excelsior, MN 55331
Excelsior Brewing is donating the beer for sampling at the community festival; Arctic Fever, pursuant to
the EBC donation qualifications. The beer samples will be provided at no charge to the public.
Temporary Liquor License fees pursuant to the City’s Master Fee Schedule are $25 per license although
the council has the authority to waive this fee for non-profits and community events as they see
appropriate. Staff is asking that council waive the fee of $25 and approve the permit at no-charge to the
applicants as this is a free community event put on by the City of Shorewood.
In addition, it is required to have liquor liability insurance for the event when alcohol will be served, which
the City has obtained from the League of MN Cities Insurance Trust (LMCIT).
Financial or Budget Considerations:
Cost of the Liquor Liability Insurance with LMCIT is $250.00 for this event only.
Recommendation/Action Requested:
Staff respectfully recommends the city council approve Resolution 22-129 Approving a Temporary On-
Sale Liquor License effective upon the State of Minnesota, Department of Public Safety, Alcohol
and Gambling Enforcement approval for Excelsior Brewing located at 1421 Third Street in
Excelsior for the Arctic Fever event at Shorewood Community and Event Center on January 20,
2023 and waive the permit fee. Motion, second, and simple majority vote required.
Connection to Vision /Mission:
Consistency in providing the community with quality public services and a variety of attractive amenities.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-129
A RESOLUTION APPROVING A TEMPORARY ON-SALE LIQUOR LICENSE FOR
EXCELSIOR BREWING IN CONJUCTION WITH ARCTIC FEVER
WHEREAS, Shorewood City Code, Chapter 401 provides that no person may directly or
indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or
otherwise dispose of alcoholic beverages as part of a commercial transaction without having
obtained the required license or permit; and
WHEREAS, in addition to the requirements set forth by the Minnesota Department of Public
Safety, Alcohol and Gambling Enforcement Division, Shorewood City Code provides that the
applicant shall complete an application for a temporary on-sale liquor license in conjunction with
a community festival and fulfill insurance coverage requirements; and
WHEREAS, the following applicant successfully completed the application process, satisfying
the requirements as delineated above for the issuance of a temporary on-sale liquor license
issued for the period of January 20, 2023 to January 21, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the
following license issued to the applicant as follows is approved:
Applicant Address License_______
Excelsior Brewing 421 Third Street Temporary On-Sale
Randy Howe, Vice President Excelsior, MN 55331
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of December 2022.
_______________________________
Jennifer Labadie, Mayor
______________________________
Sandie Thone, City Clerk
#2I
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
MEMORANDUM
TO: City Council
FROM: Matt Bauman, Assistant City Engineer
MEETING DATE: December 12, 2022
RE: Text Amendments for City Code to MS4 Permit Requirements
ATTACHMENTS: Planning Commission Memo for 12 06 2022 Meeting
Correspondence Received
Ordinance 596
Ordinance 597
Resolution for Summary publication for Ordinance 596
Resolution for Summary publication for Ordinance 597
Background: As part of the updated requirements for the Municipal Separate Storm Sewer
System (MS4) General Permit to discharge stormwater, staff propose several code
amendments to Chapter 907 (Illicit Discharge into Stormwater System) and 1201 (Zoning
Regulations).
Amendments to chapter 1201 requires planning commission review and a public hearing, which
occurred on December 6, 2022. Notice of the public hearing was published in the city’s official
newspapers at least 10 days prior to the hearing. The 1201 amendments include adding
regulatory authority definitions to all agencies with jurisdiction over stormwater pollution
prevention. At their meeting, the Planning Commission recommended approval subject to a
change that clarifies that only one watershed regulations would apply to a project. That change
is included in ordinance 596.
The proposed chapter 907 amendments add definitions for clarity, expand on prohibited
discharges, dumping, notification of spills, enforcement, appeals and remedies. Amendments
also include addition of a monitoring of discharges section.
These amendments are required to comply with the updated MS4 permit administered by the
Minnesota Pollution Control Agency (MPCA).
Financial or Budget Considerations: Outside of publication and staff time to draft the
ordinance amendments, there is not additional impact to the budget related to the
amendment. Staff propose add the fee for appeals to the Master Fee Schedule with the City’s
annual review.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership.
S:\\Planning\\Planning Files\\Applications\\2022 Cases\\Miscellaneous Code Amendments\\MS4 zoning Amendments\\CAF for ordinances 596 and 597.docx
Recommendation/Action Requested: Staff recommends approval of the ordinance
amendments.
Action on the ordinances requires a majority vote of the entire council and action on the
summary publication resolutions requires a super majority vote (4/5).
Next Steps and Timeline: If the ordinances are adopted, staff would publish the ordinance
summaries.
CITY OF
4A
SHOREWOOD
5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900
www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Matt Bauman, Assistant City Engineer
MEETING DATE: December 6, 2022
RE: Text Amendments for compliance with Municipal Separate Storm Sewer
System (MS4) Permit Requirements
THE REQUEST:
As part of the updated requirements for Municipal Separate Storm Sewer System (MS4), several code
amendments are necessary, including new updated language in the zoning regulations. In addition to the
zoning regulation amendments, City Council will also be reviewing required amendments to section 907
that expands on prohibited discharges, dumping, notification of spills, enforcement, appeals and
remedies.
The proposed ordinance amendments:
1. Add regulatory authority to all agencies with jurisdiction over stormwater pollution prevention.
2. Complies with the updated MS4 permit requirements.
3. Works in concert with proposed amendments to ordinance 907 – Illicit Discharge into Stormwater
System to meet MS4 requirements.
Staff notes there would be no change with how staff reviews developments with the changes to the
zoning regulations. The amendments would reflect current practice.
RECOMMENDATION:
Staff recommends the Commission review the ordinance, hold the public hearing, consider the amendments
with the public testimony offered and provide a recommendation to the City Council. Staff recommends
approval of the ordinance amendments.
PUBLIC NOTICE:
Notice of the public hearing has been published in the city’s official newspapers at least 10 days prior to the
hearing.
ATTACHMENTS:
Draft Ordinance
ORDINANCE 596
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER
1201 (ZONING AND SUBDIVISION REGULATIONS)
THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN:
SECTION 1: AMENDMENT. That the Municipal Code of Shorewood, Minnesota, Chapter
1201.03 General Provisions, Subd. 2. c. is hereby amended to add paragraph (6) as follows:
(Text with underline is proposed for insertion)
1201.03 GENERAL PROVISIONS.
Subd. 2. General building and performance requirements.
c. Property development.
(1) Any person desiring to improve property for which a building permit is required shall
submit to the Building Official a survey prepared by a registered surveyor of the property
showing the location and dimensions of existing and proposed structures, location of easements
crossing the property, encroachments and any other information which may be necessary to
ensure conformance to city ordinances. The Building Official may waive the requirement of a
survey in cases where it is deemed unnecessary or where the location of property boundaries
can be verified.
(2) All structures shall be so placed so that they will not obstruct future streets which may
be constructed by the city in conformity with existing streets and according to the system and
standards employed by the city.
(3) A lot of record existing upon the effective date of this chapter in a residential district
which does not meet the requirements of this chapter as to area or width may be utilized for a
single-family detached dwelling purpose, provided that:
(a) The lot must be in separate ownership and not of continuous frontage with other
lots in the same ownership;
(b) The measurement of the area and width are within 70% of the requirements of this
chapter;
(c) Setbacks and yard requirements shall be in conformance with this chapter;
(d) The ratio of the floor area of all structures to lot area shall not exceed 30%.
(4) Except in the case of planned unit development as provided for in § 1201.06 of this
chapter, not more than one principal building shall be located on a lot. The city may, by interim
conditional use permit, allow a single-family residential dwelling to remain on a lot while a new
dwelling is being constructed on the same lot, provided that:
(a) The new dwelling shall conform to the setback requirements of the zoning district in
which it is located;
(b) Construction of the new dwelling shall not result in substantially greater site
alteration (for example, tree removal or grading) than if the original house is first removed;
(c) The property owner must provide an estimate from a licensed contractor for the cost
of removing the original dwelling and restoring the site. From this estimate the city shall require
a cash escrow or letter of credit in the amount of 150% of the estimate to ensure that the
original dwelling will be removed within two weeks of the date that a certificate of occupancy is
issued for the new dwelling. In no instance shall the original home remain on the property longer
than two years;
(d) The property owner shall provide the cash escrow or letter of credit referenced in (c)
above at the time a building permit is issued for the new dwelling. The new dwelling shall not be
occupied until a certificate of occupancy has been issued; and
(e) The request shall be subject to the requirements of § 1201.04 Subd. 4. of this
chapter.
(5) On a through lot both street lines shall be front lot lines for the application of the yard
and parking regulations of this chapter.
(6) The improvements shall be in compliance with the standards established by the
Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit
MNR100001 (CSW Permit), the MPCA’s Small Municipal Separate Storm Sewer Systems
General Permit MNR040000 (MS4 Permit), either Minnehaha Creek Watershed District Rules or
Riley Purgatory Bluff Creek Watershed District rules as may apply, and the City of Shorewood’s
Surface Water Management Plan as now constituted and from time to time amended.
SECTION 2: 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 12 day of December,
2022.
__________________________
JENNIFER LABADIE, MAYOR
ATTEST:
__________________________
SANDIE THONE, CITY CLERK
ORDINANCE 597
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AN AMENDMENT TO SHOREWOOD CITY CODE CHAPTER
907 (ILLICIT DISCHARGE INTO STORMWATER SYSTEM)
THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN:
SECTION 1: City Code Section 907.02 (DEFINITIONS) is hereby amended by adding the
underlined language as follows:
907.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
AUTHORIZED ENFORCEMENT AGENCY. The City of Shorewood designated to enforce this
chapter.
BEST MANAGEMENT PRACTICES (BMPs). Pollution prevention practices, maintenance
procedures, and other management practices to reduce the discharge of pollutants to storm
water, receiving waters, or storm water conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage or leaks, disposal,
or drainage from raw materials storage.
FACILITY OR OPERATION. Means any person, business, or institution discharging into the
City’s stormwater system, including but not limited to commercial or residential buildings, and
industrial or factory buildings.
HAZARDOUS MATERIALS. Those materials which because of their quantity, concentration, or
physical, chemical, or infectious characteristics are a hazard to human health, safety and
property when improperly disposed of.
ILLEGAL DISCHARGE. Any direct non-stormwater discharge to the storm drain system of
pollutants or hazardous materials.
ILLICIT CONNECTIONS. Any drain or conveyance causing an illegal discharge to enter the
storm drain system or connected to the storm drain system which has not been approved by an
authorized enforcement agency.
NON-STORMWATER DISCHARGE. A discharge into the storm drain system that is not
normal stormwater.
PERSON. Means an individual or corporate bodies, political bodies, partnerships, and
unincorporated associations.
POLLUTANT. Paints, varnishes, and solvents; oil and other automotive fluids; hazardous
substances, concrete washout, and wastes.
STORM DRAINAGE SYSTEM. Publicly-owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention
basins, natural and human-made or altered drainage channels, reservoirs, and other drainage
structures.
STORMWATER. Any surface flow, runoff, and drainage consisting of natural precipitation and
resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN. A document which describes the best
management practices and activities to be implemented by government to reduce pollutant
discharges to stormwater, stormwater conveyance systems, and/or receiving waters.
SECTION 2: City Code Sections 907.06-907.12 are hereby repealed in their entirety and
replaced as follows:
907.06 PROHIBITED DISCHARGES AND DUMPING.
No person shall discharge or cause to be discharged into the municipal storm drain system or
watercourses any pollutants or hazardous materials that cause or contribute to a violation of
applicable water quality standards. Further prohibitions and requirements for allowable
discharges are provided herein.
Subd. 1. No person shall throw, deposit, place, leave, maintain, or keep any substance upon
any street, alleyway, sidewalk, storm drain, inlet, catch basin conduit or drainage structure,
business place, or upon any public or private plot of land, so that the same might be or become
a pollutant, except in containers, recycling bags, or other lawfully established waste disposal
facility.
Subd. 2. No person shall intentionally dispose of grass, leaves, dirt or landscape material into a
water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural
watercourse, flood control channel, canal, storm drain or any natural conveyance.
Subd. 3. All pet owners and keepers are required to immediately and properly dispose of their
pet’s solid waste deposited on any property, public or private, not owned or possessed by that
person.
Subd. 4. Salt must be covered or stored indoor and located on an impervious surface, and
practices to reduce exposure must be implemented during transfer of material.
Subd. 5. No person shall cause any illicit discharge to enter the storm sewer system or any
surface water unless such discharge:
(1) Consists of non-stormwater that is authorized by an NPDES permit obtained from the
MPCA or a federal agency;
(2) Is associated with firefighting activities or other activities necessary to protect public
health and safety; or
(3) Is one of the following exempt discharges: water line flushing or other potable water
sources, landscaping irrigation or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains, uncontaminated pumped ground water,
foundation or footing drains (not including active groundwater dewatering systems),
crawl space pumps, air conditioning condensation, springs, non-commercial washing of
vehicles, natural riparian habitat or wetland flows, dechlorinated swimming pools and
any other water source not containing pollutants.
Subd. 6. Dye testing is an allowable discharge but requires a verbal notification to the City
Administrator or their designee at least two business days prior to the time of the test.
Subd. 7. No person shall use any illicit connection to intentionally convey non-stormwater to the
city's storm sewer system.
Subd. 8. The construction, use, maintenance or continued existence of illicit connections to the
storm sewer system is prohibited. This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection was permissible under law
or practices applicable or prevailing at the time of connection.
Subd. 9. A person is considered to be in violation of this section if the person connects a line
conveying sewage to the storm sewer system, or allows such a connection to continue.
907.07 MONITORING OF DISCHARGES.
Subd. 1. The city may perform monitoring at the right of way or connection point to city facilities
if a continuous issue is deemed to produce illicit discharge.
Subd. 2. The city has the right to require the discharger or property owner to install monitoring
equipment as necessary.
Subd. 3. If the city has been refused access to any part of the premises from which stormwater
is discharged, and is able to demonstrate probable cause to believe that there may be a
violation of this section, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this section or any order
issued hereunder, or to protect the overall public health, safety and welfare of the community,
then the city may seek issuance of a search warrant from any court of competent jurisdiction.
907.08 BEST MANAGEMENT PRACTICES.
The city may adopt requirements identifying best management practices for any activity,
operation, or facility which may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters within its borders.
907.09 NOTIFICATION OF SPILLS.
Any person responsible for a facility or operation, or responsible for emergency response for a
facility or operation, that is made aware of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into the storm sewer, or
water of the state from said facility or operation, shall take all necessary steps to ensure the
discover, containment, and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. In the event of a release of non-hazardous materials, said
person shall notify the city no later than the next business day.
907.10 ENFORCEMENT.
Upon finding that a person has violated a prohibition of this chapter, the city may order
compliance by written notice of violation to the responsible person. Such notice may require
reasonable monitoring, analysis and remediation by a specified deadline.
Subd. 1. Public health and safety hazard. The failure to comply with the provisions of this
section constitutes a hazard to the public health and safety.
Subd. 2. Notice of violation. Whenever the city finds that a person has violated a prohibition or
failed to meet a requirement of this section, the city may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation the following
actions:
(1) The performance of monitoring, analyses and reporting;
(2) The elimination of illicit connections, discharges, or pet waste;
(3) The installation of proper salt storage facilities and implementation of proper salt
handling procedures.
(4) That violating discharges, practices, or operations shall cease and desist;
(5) The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property;
(6) Payment of a fine to cover administrative and remediation costs; and
(7) The implementation of source control or treatment BMPs.
(8) Suspension of discharge access in emergency situations or upon repeated or
continuous detection of illicit discharges.
Subd. 3. If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must be completed.
Said notice shall further advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental agency or a
contractor and the expense thereof shall be charged to the violator.
Subd. 4. If the bill received for abatement and/or restoration is not paid within 30 days, the city
may draw the amount of the bill from any financial guarantees the city may hold or may assess
the property from which the offense originated. After notice and hearing as provided pursuant to
M.S.A. § 429.061, the city council may then spread the charges against the property benefited
as a special assessment under M.S.A. § 429.101 for certification to the county auditor and
collection along with the current taxes the following year or in annual installation not exceeding
ten years as the council may determine in each case.
Subd. 5. Nothing in this section shall be construed to limit the authority of the city to enter
private property in urgent emergency situations where there is an imminent danger to protect
the public health, safety and welfare.
907.11 APPEAL OF NOTICE OF VIOLATION.
Subd. 1. Any person receiving a notice of violation may appeal the determination of the City.
The notice of appeal must be received within ten days from the date of the notice of violation.
Hearing on the appeal before the City Council shall take place within 30 days from the date of
receipt of the notice of appeal. The applicants request for an appeal shall be on the city’s
official application form and be accompanied by the fee noted in the master fee schedule.
Subd. 2. If a hearing is requested, the clerk shall set a time for such hearing, at which time
the council shall hear all testimony offered by the appellant and shall inform the appellant of
all information upon which the alleged violation of law by the appellant has been determined.
On completion of such hearing, the council may make a final order regarding the alleged
violation in question.
907.12 COST OF ABATEMENT OF THE VIOLATION.
The property owner shall incur all costs to cease violating the provisions of this chapter.
907.13 REMEDIES.
A person who violates the provisions of this chapter may be charged with a misdemeanor.
Each day that a violation continues shall be deemed a separate offense. The City
Administrator or their designee may post appropriate signs or notices on property prohibiting
its use until any illicit discharge is resolved.
In order to ensure compliance with this chapter, the City Administrator or their designee may
pursue any remedy at law or equity, including, but not limited to, securing injunctive relief to
prohibit an individual from discharging material in violation of this article or from using the
property when it would create a danger to the public health, safety or welfare, or, otherwise,
be in violation of this chapter.
The remedies listed in this chapter are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion of the city to seek cumulative
remedies.
s
SECTION 3: 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 12 day of December,
2022.
__________________________
JENNIFER LABADIE, MAYOR
ATTEST:
__________________________
SANDIE THONE, CITY CLERK
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-130
A RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE 596 REGARDING CITY CODE ORDINANCE AMENDMENTS RELATED
TO ILLICIT DISCHARGE INTO STORMWATER SYSTEM
WHEREAS, at a duly called meeting on December 12, 2022, the City Council of the City
of Shorewood adopted Ordinance 596 entitled “AN ORDINANCE APPROVING AN
AMENDMENT TO SHOREWOOD CITY CODE CHAPTER 1201 (ZONING AND
SUBDIVISION REGULATIONS)” adding regulatory authority to all agencies with
jurisdiction over stormwater pollution prevention; and
WHEREAS, The City Council adopted a lengthy ordinance amending City Code
Chapter 1201 to amend regulations related to Zoning and Subdivision Regulations; and
WHEREAS, the purpose of the summary is to inform the public of the intent and effect
of the ordinance while saving the expense of publishing the entire ordinance. The full
and complete ordinance is on file in the office of the City Clerk 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.596
clearly informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 596 by title and summary,
pursuant to Minnesota Statutes, Section 412.191, subd.4. Such summary is to
be substantially the same as the attached form.
3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website.
ADOPTED by the Shorewood City Council on this 12th day of December 2022.
ATTEST: Jennifer Labadie, Mayor
________________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-131
A RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE 597 REGARDING CITY CODE ORDINANCE AMENDMENTS RELATED
TO ILLICIT DISCHARGE INTO STORMWATER SYSTEM
WHEREAS, at a duly called meeting on December 12, 2022, the City Council of the City
of Shorewood adopted Ordinance 597 entitled “AN ORDINANCE APPROVING AN
AMENDMENTS TO SHOREWOOD CITY CODE CHAPTER 907 (ILLICIT DISCHARGE
INTO STORMWATER SYSTEM)” adding additional regulations for illicit discharge
controls; and
WHEREAS, The City Council adopted a lengthy ordinance amending City Code
Chapter 907 to amend regulations related to Illicit Discharge into Stormwater System;
and
WHEREAS, the purpose of the summary is to inform the public of the intent and effect
of the ordinance while saving the expense of publishing the entire ordinance. The full
and complete ordinance is on file in the office of the City Clerk 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 597
clearly informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 597 by title and summary,
pursuant to Minnesota Statutes, Section 412.191, subd.4. Such summary is to
be substantially the same as the attached form.
3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website.
ADOPTED by the Shorewood City Council on this 12th day of December 2022.
ATTEST: Jennifer Labadie, Mayor
________________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2J
Title/Subject: Approve Bolton and Menk Contract Renewal
Meeting Date: Monday, December 12, 2022
MEETING
Prepared by: Ed Shukle, Interim City Administrator
TYPE
Regular
Reviewed by: Jared Shepherd, City Attorney
Meeting
Attachments: Proposed Contract for Bolton and Menk, City Engineers
Background: The current contract between the City of Shorewood and Bolton and
Menk for city engineering services expires on December 31, 2022. Attached is a
proposed contract for a 3-year term beginning January 1, 2023 through December 31,
2025.
Financial Considerations: Contract for city engineering services with Bolton and Menk
is budgeted.
Action Requested: Staff respectfully recommends the city council approve the renewal
of a contract for city engineering services with Bolton and Menk effective January 1,
2023, and expiring December 31, 2025.
Motion, second and …(Simple Majority, Majority or Two-Thirds) vote required.
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
AGREEMENT FOR PROFESSIONAL SERVICES
CONSULTING CITY ENGINEERING SERVICES
CITY OF SHOREWOOD, MINNESOTA
This Agreement, made this the day of , 2023, by and between the City of Shorewood,
Minnesota, 5755 Country Club Road, Shorewood, MN 55331, hereinafter referred to as CLIENT, and Bolton
& Menk, Inc., 2638 Shadow Lane, Suite 200, Chaska, MN 55318-1172, hereinafter referred to as
CONSULTANT.
WITNESS, whereas the CLIENT requires professional engineering and surveying services in association with
providing Consulting City Engineering Services and whereas the CONSULTANT agrees to furnish the various
professional services required by the CLIENT.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is
agreed:
SECTION I - CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perform professional engineering and surveying services as described in
Exhibit I.
B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit
I or as described in Paragraph IV.B.
SECTION II - THE CLIENT'S RESPONSIBILITIES
A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this
Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the disposal
of the CONSULTANT for its use. Such information shall include but shall not be limited boundary
surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts,
deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and
zoning limitations. The CLIENT will assist the CONSULTANT in determining the extent to which the
information provided may be relied upon to perform CONSULTANT'S services.
C. The CLIENT will work with the CONSULTANT to obtain entry upon both public and private lands
effected by and associated with CONSULTANT'S services.
D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise
becomes aware of any defect in CONSULTANT'S services.
E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to
services to be rendered under this Agreement. Said representative shall have the authority to transmit
instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with
respect to CONSULTANT'S services.
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F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling
services as may be required for completion of CONSULTANT'S services.
G. The CLIENT will work with the CONSULTANT as needed to apply for any and all regulatory permits
required for the proper and legal execution of CONSULTANT'S services.
H. The CLIENT will hire, when requested by the CONSULTANT, an independent testing company of its
choosing to perform laboratory and material testing services, and soil investigation that can be justified to
complete a proper design and the CONSULTANT'S services. Payment for testing services shall be made
directly to the testing company by the CLIENT and is not part of this Agreement.
SECTION III - COMPENSATION FOR SERVICES
A. COMPENSATION CHARGE METHODOLOGY
Compensation for all services performed by the CONSULTANT on behalf of the CLIENT in accordance
with Exhibit I will be on an hourly basis in accordance with the 2023 Billing Schedules included below.
B. HOURLY BILLING SCHEDULES
2023 Hourly Billing Schedule For General Staff
Senior Principal...................................................................................... $150-280/Hour
Principal Engineer/Surveyor/Planner/GIS/Landscape Architect ............. $140-225/Hour
Senior Engineer/Surveyor/Planner/GIS/Landscape Architect ................. $110-210/Hour
Project Manager (Includes Survey, GIS, Landscape Architect) .............. $100-195/Hour
Project Engineer/Surveyor/Planner/Landscape Architect ....................... $85-190/Hour
Design Engineer/Landscape Designer/Graduate Engineer/Surveyor ........ $80-190/Hour
Specialist (Natural Resources/GIS/Traffic/Graphics/Other) ................... $60-175/Hour
1
Senior Technician (Includes Construction, GIS, Survey) ...................... $85-180/Hour
1
Technician (Includes Construction, GIS, Survey) .................................. $65-150/Hour
Administrative/Corporate Specialists ..................................................... $45-125/Hour
Structural/Electrical/Mechanical/Architect ............................................ $120-150/Hour
2
General Engineering(up to 32 hours per week) ................................. $95/Hour
GPS/Robotic Survey Equipment ............................................................ No Charge
CAD/Computer Usage ........................................................................... No Charge
Routine Office Supplies ......................................................................... No Charge
Routine Photocopying/Reproduction ..................................................... No Charge
Field Supplies/Survey Stakes & Equipment .......................................... No Charge
Mileage.................................................................................................. No Charge
1
No separate changes will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey
assignments; the cost of this equipment is included in the rates for Survey Technicians.
2
General Engineering Services (up to 32 hours per week) as defined in Exhibit I will be billed at the
reduced hourly rate specified above. All city approved project work will be billed at normal hourly rates.
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Hourly charges for work completed are based on hours spent at the hourly rates in effect for the individuals
performing the work. The hourly rates vary according to skill and experience. The Hourly Billing
Schedules identified herein shall apply for the period through 2023. These rates may be adjusted annually
thereafter to account for changed labor costs, inflation or changed overhead conditions.
The hourly rates identified herein include labor, general business and other normal and customary
expenses associated with operating a professional business and include vehicle and personal expenses,
mileage, telephone, cell phone, survey stakes and routine expendable supplies; and no separate charges
will be made for these activities and materials. Extraordinary expenses beyond the agreed scope of
services and non-routine expenses, such as outsourced photocopying/reproductions, out-sourced
graphics, document recording fees, and permit fees will be pre-approved and invoiced separately.
C. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often
than monthly at the herein rates and methodology.
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SECTION IV - GENERAL
A. STANDARD OF CARE
Professional services provided under this Agreement will be conducted in a manner consistent with that level of
care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar
conditions.
B. CHANGE IN SERVICE SCOPE
In the event the CLIENT changes or is required to change the scope of the CONSULTANT'S services as described
in Section I and/or the applicable addendum, and such changes require Additional Services by the
CONSULTANT, the CONSULTANT shall be entitled to compensation at the applicable hourly rates. The
CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional
services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and upon receipt of
the request, the CONSULTANT shall furnish such, prior to authorization of the changed scope of work.
C. LIMITATION OF LIABILITY
1. General Liability of CONSULTANT. For liability other than professional acts, errors, or omissions,
and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless
CLIENT from losses, damages, and judgments (including reasonable attorneys’ fees and expenses of
litigation) arising from claims or actions relating to the project, provided that any such claim, action,
loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to
or destruction of tangible property, but only to the extent caused by the acts and omissions in the non-
professional services of CONSULTANT or CONSULTANT’S employees, agents, or subconsultants.
2. Professional Liability of CONSULTANT. With respect to professional acts, errors and omissions and
to the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CLIENT
from losses, damages, and judgments (including reasonable attorneys’ fees and expenses of litigation)
arising from third-party claims or actions relating to the project, provided that any such claim, action,
loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to
or destruction of tangible property, but only to the extent caused by a negligent act, error or omission
of CONSULTANT or CONSULTANT’S employees, agents, or subconsultants. This indemnification
shall include reimbursement of CLIENT’S reasonable attorneys’ fees and expenses of litigation, but
only to the extent that defense is insurable under CONSULTANT’S liability insurance policies.
3. General Liability of Client. To the fullest extent permitted by law and subject to the maximum limits
of liability set forth in Minnesota Statutes Section 466.04, CLIENT shall indemnify, defend and hold
harmless CONSULTANT from losses, damages, and judgments (including reasonable attorneys’ fees
and expenses of litigation) arising from third-party claims or actions relating to the project, provided
that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property, but only to the extent caused by
the acts or omission of CLIENT or CLIENT’S employees, agents, or other consultants.
4. To the fullest extent permitted by law, CLIENT and CONSULTANT waive against each other, and
the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any
and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out
of, resulting from, or in any way related to this Agreement, from any cause or causes. CLIENT
waives all claims against individuals involved in the services provided under this Agreement and
agrees to limit all claims to the CONSULTANT’s corporate entity.
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5. For those services provided by the CONSULTANT while serving in the role of designated City
Engineer under Section I.B of this Agreement, including professional and technical oversight or
supervision of CLIENT staff, the CLIENT shall, to the fullest extent permitted by law and in addition
to any other requirements of this Agreement, indemnify and hold harmless the CONSULTANT from
and against any claims, costs, losses and damages to the same extent as CLIENT would indemnity and
hold harmless a CLIENT employee providing similar City Engineer services.
5. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S
services under this Agreement are being performed solely for the CLIENT'S benefit, and no other
entity shall have any claim against the CONSULTANT because of this Agreement or the performance
or nonperformance of services provided hereunder.
D. INSURANCE
1. The CONSULTANT agrees to maintain, at CONSULTANT’S expense a commercial general liability
(CGL) and excess or umbrella general liability insurance policy or policies insuring CONSULTANT
against claims for bodily injury, death or property damage arising out of CONSULTANT’S general
business activities. The general liability coverage shall provide limits of not less than $2,000,000 per
occurrence and not less than $2,000,000 general aggregate. Coverage shall include Premises and
Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket Contractual
Liability; Products and Completed Operations Liability.
2. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, a single limit or
combined limit automobile liability insurance and excess or umbrella liability policy or policies
insuring owned, non-owned and hired vehicles used by CONSULTANT under this Agreement. The
automobile liability coverages shall provide limits of not less than $1,000,000 per accident for
property damage, $2,000,000 for bodily injuries, death and damages to any one person and
$2,000,000 for total bodily injury, death and damage claims arising from one accident.
3. CLIENT shall be named Additional Insured for the CGL and Auto liability policies.
4. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's
compensation coverage together with Coverage B, Employer’s Liability limits of not less than
$500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury by Disease
aggregate and $500,000 for Bodily Injury by Accident.
5. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, Professional Liability
Insurance coverage insuring CONSULTANT against damages for legal liability arising from a
negligent act, error or omission in the performance of professional services required by this
Agreement during the period of CONSULTANT’S services and for three years following date of final
completion of its services. The professional liability insurance coverage shall provide limits of not
less than $2,000,000 per claim and an annual aggregate of not less than $2,000,000 on a claims-made
basis.
6. CLIENT shall maintain statutory Workers Compensation insurance coverage on all of CLIENT’S
employees and other liability insurance coverage for injury and property damage to third parties due
to the CLIENT’S negligence.
7. Prior to commencement of this Agreement, CONSULTANT will provide the CLIENT with
certificates of insurance, showing evidence of required coverages. All policies of insurance shall
contain a provision or endorsement that the coverage afforded will not be canceled or reduced in
limits by endorsement for any reason except non-payment of premium, until at least 30 days prior
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written notice has been given to the Certificate Holder, and at least 10 days prior written notice in the
case of non-payment of premium
E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST
Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction
cost will generally be based upon public construction cost information. Since the CONSULTANT has no control
over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the
cost of construction, all cost estimates are opinions for general information of the CLIENT and the
CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The
CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with
appropriate contingencies.
F. CONSTRUCTION SERVICES
It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods,
techniques, schedules or procedures of construction selected by the contractor or the safety precautions or
programs incident to the work of the contractor.
G. USE OF ELECTRONIC/DIGITAL DATA
Because of the potential instability of electronic/digital data and susceptibility to unauthorized changes, copies
of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies)
that are signed or sealed by CONSULTANT. Except for electronic/digital data which is specifically identified
as a project deliverable by this AGREEMENT or except as otherwise explicitly provided in this AGREEMENT,
all electronic/digital data developed by the CONSULTANT as part of the CONSULTANTS services are
acknowledged to be an internal working document for the CONSULTANT'S purposes solely and any such
information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of the CLIENT
without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such
information may require substantial modification and independent verification by the CLIENT (or its
designees). Provision of electronic/digital data, whether required by this Agreement or provided as a
convenience to the Client, does not include any license of software or other systems necessary to read, use or
reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and
long-term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its
Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or
resulting from third party use or any adaptation or distribution of electronic/digital data provided under this
AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by this
AGREEMENT or subsequent agreement(s).
H. REUSE OF DOCUMENTS
Drawings and Specifications and all other documents (including electronic and digital versions of any documents)
prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of service in respect to
the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the
CONSULTANT, the CLIENT shall acquire an ownership interest in all identified deliverables, including Plans
and Specifications, for any reasonable use relative to the Project and the general operations of the CLIENT.
CLIENT may make and disseminate copies for information and reference in connection with the use and
maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be
suitable for reuse by CLIENT or others on extensions of the Project or on any other project and any reuse other
than that specifically intended by this AGREEMENT will be at CLIENT'S sole risk and without liability or legal
exposure to CONSULTANT.
I. CONFIDENTIALITY
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CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than
CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously in the
public domain or not otherwise previously known to or generated by CONSULTANT. These provisions shall not
apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or
is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential;
or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction;
or is information upon which the CONSULTANT must rely for defense of any claim or legal action.
J. PERIOD OF AGREEMENT
This Agreement will remain in effect for a period of three (3) years after which time the Agreement may be
extended upon mutual agreement of both parties.
K. PAYMENTS
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date
of the CONSULTANT'S invoice, a service charge of one and one-half percent (1.5%) per month or the maximum
rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition after giving seven
days' written notice to CLIENT, CONSULTANT may, without waiving any claim or right against the CLIENT
and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due
under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and
charges.
L. TERMINATION
If, for any reason, the CONSULTANT shall fail to fulfill in timely and proper manner the obligations under
this Agreement, the CLIENT shall reserve the right to terminate this Agreement by specifying the date of
termination in a written notice to the CONSULTANT at least thirty (30) calendar days before the termination
date.
In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due
and owing including payment for services performed or furnished to the date and time of termination, computed
in accordance with Section III of this Agreement.
M. CONTINGENT FEE
The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT to solicit or secure this Agreement, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this
Agreement.
N. NON-DISCRIMINATION
The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered
part of this Agreement as if fully set forth herein.
The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all
employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without regard
to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance
status or any other characteristic protected by federal, state or local law.
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O. CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota.
P. DISPUTE RESOLUTION
CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of thirty
(30) days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their
rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to
mediation by a mediator mutually agreeable to the parties. CONSULTANT and the CLIENT agree to require an
equivalent mediation process governing all contractors, sub-contractors, suppliers, consultants, and fabricators
concerned with this Agreement. The parties reserve all rights and remedies available to them at law or in equity
in the event the dispute is not resolved by mediation.
Q. SURVIVAL
All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the
completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for
any reason.
R. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and
CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
S. RECORD KEEPING
Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, CONSULTANT agrees that the books, records,
documents, and accounting procedures and practices of CONSULTANT, that are relevant to the contract or
transaction, are subject to examination by the CLIENT and either legislative auditor or the state auditor for a
minimum of six years. CONSULTANT shall maintain such records for a minimum of six years after final
payment.
T. ADDITIONAL TERMS AND CONDITIONS
1. The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest
in the same without prior written consent of the CLIENT.
2. For the purposes of this Agreement, the CONSULTANT shall be deemed to be an independent
contractor and not an employee of the CLIENT. Any and all agents, servants or employees of the
CONSULTANT or other person, while engaged in the performance of any work or services required
to be performed by the CLIENT under this Agreement, shall not be considered employees of the
CLIENT and any and all actions which arise as a consequence of any act or omission on the part of
the CONSULTANT, its agents, servants, employees or other persons shall in no way be the
obligation or responsibility of the CLIENT. The CONSULTANT, its agents, servants or employees
shall be entitled to none of the rights, privileges or benefits of the CLIENT employees, except as
otherwise may be stated herein.
3. The CONSULTANT further agrees to comply with all federal, state and local laws or ordinances, and
all applicable rules, regulations and standards established by any agency of such governmental units,
which are now or hereafter promulgated insofar as they relate to the CONSULTANT'S performance
of the provisions of this Agreement.
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4. No official or employee of the CLIENT who exercises any responsibilities in the review, approval or
carrying out of this Agreement shall participate in any decision which affects his or her direct or
indirect personal or financial interest.
5. All communications in writing between the parties shall be deemed to have been received by the
addressee if delivered to the other party, or if sent by post or by facsimile addressed as noted above
in this Agreement.
6. Neither the CLIENT nor CONSULTANT shall assign this Agreement without the prior consent in
writing of the other.
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SECTION V - SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement may
only be amended, supplemented, modified or canceled by a duly executed written instrument signed by
both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf.
CONSULTANT: Bolton & Menk, Inc.
CLIENT: City of Shorewood, Minnesota
By:
By:
Printed Name:
Title: Mayor
Title:
Date:
Date:
Attest:
By:
Printed Name: _______________________
Title: City Administrator
Title:
Date:
Date:
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EXHIBIT I
CONSULTING CITY ENGINEERING SERVICES
CITY OF SHOREWOOD, MINNESOTA
In accordance with the Request for Proposals approved by the City Council on May 28, 2019, the
Commented \[AB1\]: I am not sure if this should change or
CONSULTANT will furnish the following Consulting City Engineering Services, as requested and not. I am OK with it as is since it is consistent with city's
original request.
authorized by the CLIENT:
General Engineering Services
1. Serves as the City’s Consulting Engineer on projects, applications, questions and meetings.
2. Take direction from the City Council and is designated part of City Staff when appropriate.
3. Assists in planning, coordinating, supervising and evaluating programs, plans, services,
equipment and infrastructure.
4. Develops and recommends policies and procedures as needed for effective operation of the City
consistent with City policies and relevant laws, rules and regulations and ensures council actions
are implemented.
5. Works with the Public Works Director, Finance Director, and City Administrator to formulate
short- and long-range plans to meet the needs of all areas of public infrastructure improvements
including; streets, water, sewer, storm drainage, street lights, parks, and buildings. Assists the
Public Works Director in maintaining the Capital Improvement Plan.
6. Reviews and processes right of way management and utility permits using ROWAY management
system.
7. Assists in the implementation of all water resource functions, including implementation of the
Wetland Conservation Act and Surface Water Management Plan, as well as factors relating to the
MS4 NPDES requirements.
8. Provides engineering services for City infrastructure improvements and oversees project
management for the construction of municipal public service projects as needed.
9. Reviews land use applications and construction plans for private developments for consistency
with City adopted engineering specifications, City polices and relevant laws, rules and regulations
and ensures Council actions and direction are implemented.
10. Ensures that costs and fees are charge back to development projects; works with City staff to
monitor charges and revenues associated with development projects.
11. Administers and manages the MSA annual roadway certification and MSA project
administration.
12. Assists in the planning, layout and design of City parks, trails, and other recreational amenities.
13. Provide consistent dedicated staffing hours at city hall to address engineering issues, from
customers, residents, developers and staff, as they arise.
Proactive Engineering Approach
1. Provide in depth analysis and guidance for flexible project options that meet the public need
within budget.
2. Provide recommendations for innovative and cost-effective means to extend the serviceable life
of infrastructure.
3. Inform staff and Council of new engineering practices and make recommendation for
implementation.
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Construction Services and Project Management – Public Projects
1. Assist in the preparation of plans and specifications for City public works projects with the input
from City staff. Present plans and specifications to the City Council for approval.
2. Consult with local, state, and federal agencies having jurisdictional authority over the project(s)
as warranted. Procure permits and required approvals form such agencies as required.
3. Prepare and send Advertisements for Bids to the legal newspaper, the Construction Bulleting, and
other trade publications as needed for solicitation of bids. Reproduce Contract Documents for
bidding purposes. Review bids and prepare bid tabulations. Evaluate bids, prepare a
recommendation to the City Council, with the assistance of staff; assemble and award contracts.
4. Assist in monitoring the construction process for compliance with codes, regulations, standards
and with approved plans; assure financial accountability of private projects as they relate to
escrows and letters of credit. Provide advice to the City during performance of construction
projects and give consideration and advice to the City during the performance of services.
5. Lead pre-construction conferences with staff, contractor, utility company representatives, etc. as
necessary.
6. Perform construction staking and surveying.
7. Provide construction observation, in conjunction with city staff, as necessary during construction.
(Work for this portion shall be at an hourly rate or included into the project fee.)
a. Prepare and maintain necessary documentation, including photographs and/or video if
warranted, as well as a log and note of the contractor’s progress.
b. Convene regular construction progress meetings and provide written project updates, as
necessary or required.
8. Prepare, review and recommend action for proposed change orders.
9. Prepare, review and recommend action for pay estimates.
10. Review and recommend final acceptance by the City in a timely manner. Assist the City in
ensuring that contractors have been paid and lien waivers have been acquired.
11. Provide as-built drawings within 90 days of the conclusion of City projects.
12. Keep the best interests of the residents of the City of Shorewood in mind during all public and
private projects. Respond to their needs and questions in a timely manner and provide all
necessary communication.
13. Hold all contractors accountable for projects and ensure they are completed in an acceptable and
timely manner.
Construction Services – Private Projects
1. Participate in pre-construction meetings with developers, staff, contractors, utility company
representatives, etc. to ensure that all City Services are respected, and all applicable codes and
ordinance are followed.
2. Review plans and specifications for all privately installed infrastructure improvements and make
recommendations to City Staff regarding acceptability of plans.
3. Monitor the construction process for compliance with codes, regulations, standards, and with
approved plans; assure financial accountability of private projects as they related to escrows and
letters of credit. Provide advice to the City during performance of construction projects and give
consideration and advice to the City during the performance of services.
4. Provide construction observation during construction as necessary. (Work for this portion of
projects shall be at an hourly rate and passed through to the developer.)
5. Review, and if necessary, prepare and maintain necessary documentation, including photographs
and/or video if warranted, and a log of construction activities.
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6. Attend, and if necessary, convene regular construction progress meetings.
7. For projects in which the improvements will be turned over to the City, review and recommend
acceptance upon satisfactory completion of the improvements.
8. Make recommendations to the City staff regarding reduction or closing out letters of credit or
other financial securities.
9. Review as-built drawings upon conclusion of privately installed projects that will be turned over
to the city.
Preparation of Engineering Reports and Technical Correspondence
1. Determine the need for preliminary studies; review all preliminary studies for compliance with
ordinances, comprehensive plans, engineering standards and financial guidelines including;
a. Feasibility reports
b. Creating assessment rolls
c. Plat reviews
d. Utility studies
e. Traffic studies/signalization/signage/forecasting
f. State aid reports
g. Surface water system analysis and design/SWMP implementation
h. SWMP implementation including MS4 and NPDES monitoring and reporting.
i. Review findings of wetland delineation and mitigation as it relates to building permit
applications and public improvement projects.
j. Planning and design for City parks, trails and recreational amenities
k. Identification of grant opportunities for local improvements, and preparation of grant
applications as directed
l. Capital Improvement Program studies
m. Prepare comments regarding reports, plans and studies of other agencies.
n. Attends all City Council meetings and public hearings, neighborhood open houses, and
other City related meetings as requested
o. Presents feasibility studies and/or discuss engineering issues.
Participates in City Meetings as needed, including:
1. Internal and external meetings involving engineering or pubic improvement questions and
issues.
2. Meets with developer, staff and members of the public on proposed development projects in
order to related to processes and procedures involved with engineering and infrastructure
development. Reviews development proposals for conformance with City Standards and
ordinances.
3. Under the direction of the Public Works Director and City Administrator, as the City liaison
and City representative with other communities and local, county, state and federal agencies
in areas of responsibility as may be required or directed.
4. Attends City Council meetings.
5. Attends City Council work sessions, Planning and Parks Commission meetings, and other
City meetings as needed.
Response to Constituent Requests and Issues as Directed by Staff
1. Perform field inspections as needed.
13 of 14
2. Address constituent concerns personally and in writing.
3. Makes public presentations.
4. Provides recommendations to staff and City Council.
Record Keeping and Mapping/GIS Services – The engineering firm shall provide the following record-
keeping and mapping services to the City:
1. Updates City maps and utility records as appropriate or necessary.
2. Maintains and provides to the City as required the following documents on the City’s record
retention system: permits and applications, contract documents, addenda, copies of referenced
standard specifications; project schedules; shop drawings and submittals; applicable
correspondence; records of pertinent telephone and email exchanges; plans, specifications and
engineer’s estimates, file memoranda and directives; change orders; requests and
recommendations for payment; project budget and cost information; diaries and logs; record
drawings in both hard copy and electronic format; project photographs; project studies and
reports; project progress meeting minutes; other information as necessary or required.
3. Provides, hosts and maintains an electronic online GIS/GPS data base mapping system that may
Up tobe accessed remotely in the field or in the office for general use by the City Staff, which
includes all City utilities (water, sanitary sewer, storm sewer), other features as requested
(electrical, signing, trails, sidewalks, cemeteries, ect.), infrastructure, map creation abilities, etc.
Other Items:
1. Identify opportunities for non-traditional engineering techniques, such as the use of rain gardens,
cisterns, pervious surfaces, and other green design elements.
2. Work with other engineering or planning consultants as desired by the City on specific projects.
3. The City desires to include a term in the contract to periodically review progress and overall
satisfaction of the level of service provided to the City. The expected term for review shall be
annually.
4. Provide up to32 (thirty-two) hours of inhouse office hours located at the City of Shorewood City
Hall or within general proximity of the City, to assist in addressing City related matters. Up to 16
(sixteen) hours will be provided by Andrew Budde, the designated City Engineer, and up to16
(sixteen) hours will be provided by Matt Bauman, the assistant City Engineer or other designated
Bolton & Menk staff member mutually agreed upon by both parties.
14 of 14
City of Shorewood Council Meeting Item
2K
Title/Subject: Approve Campbell Knutson Civil Legal Services Contract
Meeting Date: Monday, December 12, 2022
MEETING
Prepared by: Ed Shukle, Interim City Administrator
TYPE
Regular
Reviewed by:
Meeting
Attachments: Proposed Contract with Campbell Knutson for Civil Legal
Services
Background: The current contract between the City of Shorewood and Campbell
Knutson for civil legal services expires on December 31, 2022. Attached is a proposed
contract for a 3-year term beginning January 1, 2023 through December 31, 2025.
Financial Considerations: Contract for civil legal services with Campbell Knutson is
budgeted.
Action Requested: Staff respectfully recommends the city council approve the renewal
of a contract for civil legal services with Campbell Knutson effective January 1, 2023
and expiring December 31, 2025.
Motion, second and …(Simple Majority, Majority or Two-Thirds) vote required.
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
Agreement for General (Civil) Legal Services
Whereas, the City of Shorewood ("City"), a municipal corporation and statutory city under the
laws of the State of Minnesota and located within Hennepin County, desires to have certain
attorney services provided; and
Whereas, the City desires to have Jared Shepherd, in his capacity as an attorney with Campbell
Knutson, P.A., ("Attorney") to serve as city attorney;
Whereas, the parties desire to more specifically identify the duties and responsibilities of the
City and Attorney.
Now Therefore, it is hereby agreed that this document by and between the City and the
Attorney, shall be a binding obligation on behalf of the parties named.
I. Term
This agreement shall be effective January 1, 2023 through December 31, 2025 or until either
party cancels the agreement in writing.
II. Scope of Legal Services
General scope of services, the services required by the City include, but are not limited to, the
following:
Attendance at all City Council meeting. Attendance at staff meetings. Attendance at
other meetings as requested.
Review of municipal contracts as requested, including contracts for public improvements,
developments, joint powers agreements, construction, lease agreements, and the like.
Representation of the City in the acquisition of properties for public improvements,
special assessment appeal, easements, parks.
Review of all City Council and Planning Commission materials.
Representation of the City in proceedings for public improvement projects.
Representation of the City on economic development related issues as requested.
Representation of the City in matters related to the enforcement of City Codes, including
building, subdivision, nuisance, and zoning codes.
Defend the City in all litigation, except in those cases where insurance companies are
required to exclusively provide defense, or where the City chooses to hire specialized or
other legal services. The Attorney is responsible for monitoring and coordinating with the
selected representation.
Review of legal issues in agenda items for City Council, Planning Commission or other
subsidiary commission meetings as requested.
Review of draft ordinances, resolutions, development agreements and correspondence as
requested.
1
Meeting and/or telephone conversations with and advising Mayor, Council members,
City Administrator, Department Heads and other staff on general legal matters.
Research and submit legal opinions on legal matters requested by the City Administrator.
Provide written and/or oral summaries to City Administrator of law changes affecting the
City, including recommending changes in operations or procedures to assure compliance.
Available by phone and email to answer staff questions.
III. Fees
The Fees below represent the primary or general legal services rate and the special hourly rate
for services passed through to or reimbursed by third parties, including developers.
The yearly rate during the initial year of this agreement are as follows:
2023
General Hourly $175
Rate/ Partners
General Hourly $170
Rate/Associates
General Hourly $95
Rate/Assistants,
Law Clerks
Special Hourly $310
Rate – Pass
Through/Attorneys
Special Hourly $120
Rate – Pass
Through
Assistants
The above rates will be adjusted annually with 3.5% increase rounded up to the next dollar in
2024 and 2025.
The Attorney will represent the City at the rate for general legal services on all routine matters
and all public improvement projects involving special assessments or improvements to private
property, litigation, arbitration, and appellate matters, except that the parties may mutually agree
to a higher rate based on the complexity of the matter.
The fees stated herein may be amended from time to time by written mutual agreement of the
City and Attorney.
IV. Expenses
Expenses to be reimbursed:
The actual cost of: express delivery, Westlaw and Lexis/Nexis charges, postage (over
$0.50).
2
Photocopies ($0.20/page), color copies ($0.40/page)
EverLaw Discovery and Document Review Program (actual cost - $25.00 per gigabyte
per month) (on as needed basis)
Mileage at the IRS rate, currently $0.59/mile for all travel except for travel to regularly
scheduled City Council meetings and City Council work sessions, which shall not be
reimbursed.
For litigation, the actual cost of court filing fees, expert witnesses, acquisitions,
subpoenas, service of process, and miscellaneous litigations costs.
All other filing, recording or miscellaneous litigation costs would be billed to the City at
their actual costs. No other charges, including for postage under $.50, would be billed to
the City. We will ensure that billing statements are provided in the format that meets the
City’s needs.
Percent of an hour billed:
.10, with the minimum billing increment of 0.2 of an hour for all services
V. Responsible Attorney and Staff
Jared Shepherd shall be the primary attorney for the City. Shepherd shall be responsible for the
performance of this agreement, although he may be assisted by other attorneys or support staff in
the firm. Shepherd shall supervise all work performed on behalf of the City.
VI. Assignment of Services and Agreement
The Attorney shall not assign any interest or obligation of this Agreement without the prior
written consent of the City Administrator.
VII. Insurance and Indemnification
Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of
this agreement.
VIII. Termination
The parties understand that the Attorney serves at the pleasure of the Council. Upon termination
of this agreement, the City shall be responsible for any billings accrued prior to the date of
termination.
IX. Acceptance
The terms of this agreement are hereby accepted and made binding upon and between the City of
Shorewood and Jared Shepherd, in his capacity as an attorney for Campbell Knutson, P.A., in
conjunction with the law firm of Campbell Knutson. P.A.
*** Signature Page To Follow ***
3
City of Shorewood Campbell Knutson, P.A.
By: __________________________ By: __________________________
Jennifer Labadie Jared Shepherd
Its: Mayor Attorney
Date: __________________________ Date: __________________________
By: __________________________ By: __________________________
Sandie Thone Andrea McDowell Poehler
Its: City Clerk President
Date: __________________________ Date: __________________________
4
City of Shorewood Council Meeting Item
2L
Title/Subject: Approve Campbell Knutson Criminal Legal Services
Contract
MEETING
Meeting Date: Monday, December 12, 2022
TYPE
Regular
Prepared by: Ed Shukle, Interim City Administrator
Meeting
Reviewed by:
Attachments: Proposed Contract with Campbell Knutson for Criminal Legal
Services
Background: The current contract between the City of Shorewood and Campbell
Knutson for criminal legal services expires on December 31, 2022. Attached is a
proposed contract for a 1-year term beginning January 1, 2023, through December 31,
2023.
Financial Considerations: Contract for criminal legal services with Campbell Knutson
is budgeted.
Action Requested: Staff respectfully recommends the city council approve the renewal
of a contract for civil legal services with Campbell Knutson effective January 1, 2023,
and expiring December 31, 2023.
Motion, second and …(Simple Majority, Majority or Two-Thirds) vote required.
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
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SHOREWOOD AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, dated December ___, 2022, is by and between the CITY OF
SHOREWOOD, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON,
Professional Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. SERVICES AND RELATIONSHIP.
A. The Attorney shall furnish and perform Prosecution Services for the City, as
more fully described in the scope of services attached as Exhibit A.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. TERM.
A. This Agreement shall be effective January 1, 2023 through December 31,
2023 or until either party terminates this Agreement as provided in subsection B. or C. below.
B. The Attorney shall serve at the pleasure of the City Council, and this
Agreement may be terminated without cause by Resolution of the City Council.
C. The Attorney may terminate this Agreement at any time, provided that the
Attorney shall give the City sixty (60) days written notice before the termination becomes effective.
3. COMPENSATION.
A. Prosecution Services: An annual cap for all Prosecution Services of
$35,000.00 for 2023. Actual legal fees incurred for Prosecution Services will be billed monthly at
the following hourly rates:
216769v3
Attorneys $ 125.00
Legal Assistants/Law Clerks $ 93.00
Legal fees for Prosecution Services shall not exceed the annual cap.
B. Forfeitures Related to DWI Designated Offenses: On a vehicle forfeiture we
handle, we will receive thirty (30%) percent of the proceeds from the sale of the forfeited vehicle,
after payment of seizure, towing, storage, forfeiture and sale expenses, and satisfaction of valid liens
against the vehicle, pursuant to Minn. Stat. § 169A.63, subd. 10.
C. Additional Prosecution Related Services: Legal Fees for Additional
Prosecution Related Services are not included in Prosecution Services, and will only be furnished at
the specific request of the City. The following are Additional Prosecution Related Services:
(1) Criminal appeals whether initiated by the State or the Defendant.
(2) Criminal records expungements.
(3) Matters relating to the South Lake Minnetonka Police Department’s
issuance of firearms permits.
(4) Administrative citations or prosecution of zoning or other ordinance
violations initiated by any City department other than the South Lake
Minnetonka Police Department.
(5) Dangerous or potentially dangerous dog administrative or criminal
proceedings.
(6) Matters relating to the Minnesota Government Data Practices Act.
Legal fees for Additional Prosecution Related Services will be billed monthly at the
following hourly rates:
Attorneys $ 155.00
Legal Assistants/Law Clerks $ 103.00
D. Monthly Statements: Attorney will send City a detailed monthly billing
statement of the actual hours incurred in providing Prosecution Services and Additional Prosecution
Related Services. The billing increment is .1 hour with a minimum of .2.
E. Costs: Out-of-pocket costs without mark-up include:
216769v3
Lexis research (only if used for Shorewood matters)
photocopies at 20¢ per page
color photocopies at 40¢ per page
postage of 50¢ or more
court related costs (court filing fees, expert witnesses (with prior consent
of City), subpoenas, service of process, court reporter fees)
conflict attorneys’ fees and costs
F. Payments: Payments for legal services provided the City shall be made in the
manner provided by law. The City will normally pay for services within thirty (30) days of receipt of
a statement for services rendered.
4. INSURANCE. The Attorney will purchase and maintain insurance to protect
Attorney against claims for legal malpractice with policy limits of two million dollars per claim and
five million dollars aggregate.
5. MISCELLANEOUS.
A. Annual Presentation to the City Council. Upon request of the City, the
Attorney will provide the City Council with an annual presentation on prosecution activity and
updates. The Attorney will provide other reports upon request.
B. Governing Law. This Agreement shall be governed by the laws of the State
of Minnesota.
C. Assignment. The Attorney may not assign or refer any of the legal services to
be performed hereunder without the written consent of the Shorewood City Council.
D. Effective Date. This Agreement shall become effective upon its execution by
the City and the Attorney. This Agreement shall not be modified or amended without the approval in
writing of the Shorewood City Council.
Signature page follows.
216769v3
Dated: ______________, 202__. CITY OF SHOREWOOD
By: __________________________________
Jennifer Labadie, Mayor
And: _________________________________
Sandie Thone, Clerk
Dated: December ___, 2022. CAMPBELL KNUTSON
Professional Association
By: __________________________________
Elliott B. Knetsch, Vice President
216769v3
EXHIBIT A
TO
AGREEMENT FOR LEGAL SERVICES
S COPE OF P ROSECUTION S ERVICES
The Campbell Knutson prosecution team has a recognized excellence in delivering high quality
prosecution services. Our prosecution team will provide Shorewood with the following:
General Criminal Prosecution. Campbell Knutson’s prosecution team will handle Shorewood’s
non-felony cases from start to finish. This includes reviewing for charging, drafting formal
complaints, all discovery, any pretrial motions, preparation of all notices as required by the
Minnesota Rules of Criminal Procedure, all pretrial hearings, and any jury or court trial. We will
handle any case initiated by the South Lake Minnetonka Police Department, the Hennepin County
Sheriff’s Office, the Minnesota State Patrol, the Department of Natural Resources, or any other
law enforcement agency where the jurisdiction is the City of Shorewood.
Briefings/Officer Training/Ride-Alongs. Our representation will include our attorneys attending
roll-call briefings with officers. We will provide training geared towards new officers but open to
all officers three or four times per year. Due to the strong rapport we develop with officers, we are
able to educate, inform, and mentor officers, and on occasion offer coaching, especially to new
officers, to improve their performance and enhance public safety. Our prosecutors participate in
ride-alongs with officers to help understand our client’s culture and practices, to gain insight into
local and distinctive patrol procedures, and to increase communication with the officers.
Legislative/Case Law Updates. We are committed to providing timely updates to our clients
about the important state and federal changes that impact the criminal law and the provision of
day-to-day police services, whether the changes arise from new legislation, executive mandates,
or judicial decisions. We provide an annual Minnesota Criminal Law Legislative Update.
Availability/Response Time. We take extreme pride in client service. Command staff and officers
are always able to reach us, day or night. Communication is the touchstone of a strong relationship.
Our prosecutors’ cell phone numbers are distributed to all staff. Officers routinely call our
prosecutors after normal business hours with questions in the field, and on weekends particularly
with respect to the 48-hour hold rule. We are available 24/7 to serve the City’s needs.
216769v3
CITY OF SHOREWOOD
RESOLUTION NO. 22-132
A RESOLUTION ADOPTING THE 2023 GENERAL FUND OPERATING BUDGET
AND APPROVING THE PROPERTY TAX LEVY COLLECTIBLE IN 2023
WHEREAS, the 2023 Budget and property tax levies collectible in 2023 for the
City of Shorewood have been prepared and reviewed by the City Council; and,
WHEREAS, the budget has been modified by the City Council to meet service delivery
goals; and,
WHEREAS, the City Council held a Truth-in-Taxation public meeting on December 12,
2022, to receive public comment regarding the adoption of such budgets and property tax levies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD AS FOLLOWS:
1. That a budget of $6,089,295 is adopted to pay for 2023 General Fund operations.
2. That the sum of $6,173,291 is levied for 2021, collectible in 2022, upon taxable
property in the City of Shorewood. Individual fund property tax levies are as follows:
General Fund $5,370,016
Debt Service Funds:
2020A G.O. Street Reconstruction Bonds $230,487
2021A G.O. Street Reconstruction Bonds $312,806
2022A G.O. Street Reconstruction Bonds $228,639
Capital Project Funds:
Equipment Replacement $123,000
Street Improvements $123,000
Park Improvements $123,000
$6,510,948
3. That the City Clerk is hereby instructed to transmit a certified copy of this
resolution to the County Auditor of Hennepin County, Minnesota.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12 day of
December, 2022.
ATTEST: Jennifer Labadie, Mayor
____________________________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
RESOLUTION NO. 22-133
ADOPTING THE 2023 SHOREWOOD COMMUNITY & EVENT CENTER BUDGET
AND 2023 ENTERPRISE FUND BUDGETS
WHEREAS, City staff have presented the preliminary 2023 budgets at meetings through
December, 2022; and
WHEREAS, the City Council has reviewed the budgets and made modifications to each that
reflect desired community service levels; and
WHEREAS, these budgets represent a reasonable estimate of what needs to be spent to
provide the desired service level;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD AS FOLLOWS:
1. The Shorewood Community & Event Center budget is hereby adopted as presented.
2. The Water, Sewer, Storm Water, and Recycling budgets are hereby adopted as
presented.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
December, 20212.
ATTEST: Jennifer Labadie, Mayor
__________________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
RESOLUTION NO. 22-134
ADOPTING THE 2023-2032 CAPITAL IMPROVEMENT PLAN,
AND 2023 CAPITAL PROJECT FUND BUDGETS
WHEREAS, City staff have presented the preliminary Capital Improvement Plan (CIP) and
2023 capital project fund budgets at meetings through December, 2021; and
WHEREAS, the City Council has reviewed the CIP and budgets and made modifications to
each that reflect desired community service levels; and
WHEREAS, these budgets represent a reasonable estimate of what needs to be spent to
provide the desired service level;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD AS FOLLOWS:
1. The 2023-2032 Capital Improvement Plan is hereby adopted as presented with this
adoption subject to Planning Commission review and determination of compliance
with the Comprehensive Plan.
2. The Park Improvement, Equipment Replacement, Street Reconstruction, MSA, Trail
Construction, and Community Infrastructure budgets are hereby adopted as presented.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
December, 2022.
ATTEST: Jennifer Labadie, Mayor
__________________________________
Sandie Thone, City Clerk
5A
MEETING
TYPE
Regular
City of Shorewood Council Meeting Item
Title/Subject: Employee Service Awards
Meeting Date: Monday, December 12, 2022
Prepared by: Ed Shukle, Interim City Administrator
Background: The city enthusiastically and historically recognizes employees who have hit
certain milestones in their employment with the city. These anniversaries of employment are
special to employees and the city alike as they are a testimony to their loyalty to the city over
the years. Valued employees like these and their continued contributions are vital to the city’s
success.
The employees being recognized this year:
Chris Heitz, Public Works Lead Supervisor - 5 years of service
Marie Darling, Planning Director - 5 years of service
Sandie Thone, City Clerk/HR Director – 5 years of service
With their individual efforts and achievements, they make it possible for the city to provide
exceptional service to the community! Their hard work and dedication is commendable and
does not go unnoticed. We look forward to their ongoing contributions and a bright and
successful future together!
The Shorewood City Council recognizes and expresses appreciation to Chris Heitz, Marie
Darling, and Sandie Thone for being valued members of the team, their significant
contributions over the years and their dedication to the city and the community!
A Shorewood Yeti Rambler Tumbler with Magslider Lid will be awarded for the commemorative
occasion to each of the employees engraved with their names and years of service. In addition,
each employee receives a monetary reward based on years of service.
No Formal Action Requested.
Connection to Vision/Mission: Consistency in providing residents quality public services, a
healthy environment, a sustainable tax base, and sound financial management through
effective, efficient, and visionary leadership.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
#7A
MEETING TYPE
Regular
City of Shorewood Council Meeting Item
Title / Subject: Reaffirmation of Bee Safe Resolution
Meeting Date: December 12, 2022
Prepared by: Marie Darling, Planning Director
Reviewed by: Ed Shukle, Interim City Administrator; Jared Shephard, City Attorney;
Larry Brown, Public Works Director; Janelle Crossfield, Parks and
Recreation Director
Attachments: Resolution
Background: The City of Shorewood has contracted with the IPM Institute of North
America to prepare a guiding document regarding alternatives to the use of
chemicals or pesticides for city owned facilities and grounds.
After some members of the City Council expressed concern that the wording in
resolution 14-066 does not allow for gradual implementation the City Attorney
drafted a resolution that incorporates the comments of the City Council.
The proposed resolution reflects the City Council’s commitment to Shorewood
being a “Bee Safe” City while reflecting a realistic implementation process.
Public Input: Several Council members also wanted public input into the revised
resolution. On December 2, 2022, staff released the draft resolution for public input
with an email blast to residents and put the resolution on the city’s website with a
deadline for written comments by December 9, 2022. All comments received were
provided to the City Council at the worksession.
Recommendation: The Council has at least two options which include, but are not
limited to:
1. Reject the reaffirmation resolution (implementation would revert to the
2014 resolution).
2. Adopt the resolution as presented.
3. Adopt the resolution with amendments to the language.
Should the City Council make changes to the wording in the resolution, those changes
would need to be incorporated into the motion adopting the resolution.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
Recommended Next Steps:
Another worksession may be beneficial if the City Council has more questions or
requests more research on the plan or implementation of the plan.
A listening session for public comment on the IPM plan and/or a public comment
period may be helpful to gather public opinions on this plan or potential
implementation.
A public community implementation session where the public could weigh in on
which parks and what aspects of the plan could be prioritized based on the
budgetary restraints.
Formal adoption of the plan phases or portions thereof and the model integrated
pest management policy at a regular meeting with direction to prepare potential
code amendments, as may be needed.
Formal adoption of the implementation plan and decisions on how the
implementation of the plan would proceed.
RESOLUTION NO. 22-135
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION REAFFIRMING THE CITY’S COMMITMENT TO "BEE-SAFE" BEST
MANAGEMENT PRACTICES
WHEREAS, bees and other pollinators are integral to a wide diversity of essential foods including
fruit, nuts, and vegetables; and
WHEREAS, native bees and honey bees are threatened due to habitat loss, pesticide use,
pathogens and parasites; and
WHEREAS, research suggests that there is a link between pesticides that contain neonicotinoids
and the die-off of plant pollinators, including honey bees, native bees, butterflies, moths, and other
insects; and
WHEREAS, on July 28, 2014, the Shorewood City Council adopted Resolution No.14-066 “A
Resolution Endorsing “Bee-Safe” Policies and Procedures; and
WHEREAS, the City Council remains committed to the goal of becoming a Bee-Safe City and
recognizes the importance of taking further steps towards achieving that goal; and
WHEREAS, the City has since contracted with IPM Institute of North America and its Midwest
Grows Green sustainable landscaping initiative to audit its current landscape maintenance
practices, assess compliance with Resolution No.14-066 and make recommendations to
improve Bee-Safe best management practices; and
WHEREAS, by this Resolution, which supersedes Resolution No. 14-066, the City desires to
confirm its commitment to protecting pollinators and provide further clarification in the ongoing
process of becoming a Bee-Safe City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood:
1. The City shall undertake its best efforts to become a Bee-Safe City by undertaking
best management practices in the use of plantings and pesticides on Shorewood city property.
2. The City shall undertake its best efforts to refrain from the use of systemic
pesticides on Shorewood City property including pesticides from the neonicotinoid family
consistent with the integrated pest management plan.
3. The City shall undertake its best efforts to plant flowers favorable to bees and other
pollinators in the City's public spaces.
4. The City shall undertake its best efforts to designate Bee-Safe areas in which
future City plantings are free from systemic pesticides including neonicotinoids consistent with the
integrated pest management plan.
5. The City shall undertake its best efforts to communicate to Shorewood residents
the importance of creating and maintaining a pollinator-friendly habitat.
6. The City shall publish a Bee-Safe City Progress Report on an annual basis.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
December 2022.
____________________________________
Jennifer Labadie, Mayor
ATTEST:
____________________________________
Sandie Thone, City Clerk