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05-22-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 22, 2023 7:00 P.M. For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Labadie___ Johnson___ Callies___ Maddy___ Sanschagrin___ 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 May 8, 2023 Minutes B. City Council Regular Meeting Minutes of May 8, 2023 Minutes C. Approval of the Verified Claims List Claims List D. City Data Practices Policy Annual Review City Clerk/HR Director Memo Resolution 23-050 E. Authorize Declaration of Items as Surplus and Authorize Public Works Director Memo the Sale Resolution 23-051 F. Accept Improvements and Approve Final Payment for City Engineer Memo Lawtonka Drive Water Service Resolution 23-052 G. Approve Purchase of Commercial Refrigerator for SCEC Parks/Rec Director Memo CITY COUNCIL REGULAR MEETING AGENDA Page 2 3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on tonight's agenda, to the attention of the Council. Anyone wishing to address the Council should raise their hand, or if attending remotely please use the “raise hand” function on your screen and wait to be called on. Please make your comments from the podium and identify yourself by your first and last name and your address for the record. Please limit your comments to three minutes. No discussion or action will be taken by the Council on this matter. If requested by the Council, City staff will prepare a report for the Council regarding the matter and place it on the next agenda. 4. REPORTS AND PRESENTATIONS A. Riley Purgatory Bluff Creek Watershed District Planning Director Memo B. Public Works Week Proclamation Public Works Director Memo 5. PARKS A. Approve Contract with CivicRec for Recreation Software Parks Director Memo 6. PLANNING A. Report by Commissioner Gorham on 5/02/23 Planning Commission Meeting Minutes B. Approve 2023 Deer Management Program Dates Planning Technician Memo 7. ENGINEERING/PUBLIC WORKS A. Approve Quote for Water Meter Replacement Public Works Director Memo Services Resolution 23-053 8. GENERAL/NEW BUSINESS A. Initiate Competitive Bond Sale Finance Director Memo Resolution 23-054 B. Approve Contract with DDA for Compensation Study City Administrator Memo C. Accept Resignation of Councilmember Patrick Johnson and Declare Vacancy City Administrator Memo Resolution 23- 055 9. STAFF AND COUNCIL REPORTS A. Staff B. Mayor and City Council CITY COUNCIL REGULAR MEETING AGENDA Page 3 10. CLOSED SESSION Pursuant to Minnesota Statutes, section 13D. 05, subdivision 3(b), as permitted by Attorney Client Privilege, the City Council will be moving into a Closed Session to discuss Alex and Elena Ugorets v. City of Shorewood, et al. 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, MAY 8, 2023 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; Parks and Recreation Director Crossfield; Finance Director Rigdon; Planning Director Darling; Public Works Director Morreim; and City Engineer Budde Absent: Councilmember Johnson B. Review Agenda Maddy moved, Sanschagrin seconded, approving the agenda as presented. Motion passed 4/0. 2. STRATEGIC DIRECTION FOR PARKS AND RECREATION DEPARTMENT/SHOREWOOD COMMUNITY AND EVENT CENTER City Administrator Nevinski explained the importance of having a strategic direction for the Parks and Recreation Department. He noted that staff is looking for feedback from the Council on this proposal and noted that he felt some time needed to be taken for what needed to happen in the near term and explained that he felt that they were understaffed given everything happening within the Department. He gave an overview of the desire to utilize some type of Park and Recreation software where they could gain some efficiency, but noted that it was not already included in the budget. He reviewed other strategic directions he would like to see for the City including standardized agreements, associations, and South Shore Senior Partners. Park and Recreation Director Crossfield stated that in addition to the items mentioned by City Administrator Nevinski, she would also like to highlight that they are looking at facility needs and the CIP plans for the upcoming years. She noted that she had incorporated a variety of health and wellness type programs that she felt could be feasible in the City. She noted that the ideas she had included in the packet were just ideas and she was looking for input from the Council. Mayor Labadie stated that she thinks the suggestion for strategic direction to formalize relationships and agreements is a good idea. Councilmember Sanschagrin asked about the earlier statement by City Administrator Nevinski that this area was understaffed and asked what type of staff they felt were needed. City Administrator Nevinski stated that there are a number of things that have to happen including day to day work for things like rentals. He noted that changing the software and how the CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 8, 2023 Page 2 of 5 Department functions may help, but they will still need somebody who knows the situation inside and out and can communicate with people in a reasonable timeframe. He stated that it can be difficult to staff to juggle it all at once because people tend to just walk in and take a look at the space. He noted that having time to identify contractors and markets for upcoming programming and then working through all the details for the space takes time. Parks and Recreation Director Crossfield explained that there has been a daily adrenal rush because things have been busier. She stated that Stephany has been a great asset and has been able to adapt as needs have changed, but agreed that there is a need for additional staffing. She noted that she would prefer to find someone who has experience in Park and Recreation and who would be able to work somewhat independently. Councilmember Callies noted that years ago they had two people who just handled the ballfield scheduling. Councilmember Maddy asked about Stephany’s position and number of hours. Park and Recreation Director Crossfield stated that she typically works around 20-25 hours/week and noted that both of them have been doing evening coverage because they do not have community center attendance to cover all the rentals. Councilmember Maddy asked how much staff time was getting covered by user fees. Park and Recreation Director Crossfield stated that she did not readily have that information because she does not have software that would track that data. Councilmember Maddy stated that he felt that information would be important. Mayor Labadie asked what type of staffing additions they were suggesting. Park and Recreation Director Crossfield stated that it will depend on the software question and then what service will be provided, for example, if they move to all facility requests being made on-line. She stated that may provide an answer, but she was not sure that was the customer service that the City wanted to provide. She stated that one full-time employee would definitely cover their bases in order to maintain and grow, but if that was not in the budget, if she could be given some parameters, she will try to make things happen. She stated that the more part-time employees a City has, the more turnover they will have. Councilmember Callies stated that it sounds like they are hoping to find a ‘Jill of All Trades’. Councilmember Maddy asked how many staff hours, outside of the Park and Recreation Department, were getting consumed by their needs for things like people coming in to drop off payments. He explained that he was trying to figure out what other staff members were pitching in because the Department was currently over-burdened. City Administrator Nevinski stated that Park and Recreation Director Crossfield and Stephany are covering a lot of the nuts and bolts kind of activity that is happening. He noted that the Communications Coordinator Wilson, the Finance Department, HR Director/City Clerk Thone are also involved, but ninety-five percent of what is happening in the Department is being handled by Park and Recreation Director Crossfield and Stephany. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 8, 2023 Page 3 of 5 Councilmember Maddy asked if the City would be delivering a better product by adding additional staff members. Park and Recreation Director Crossfield stated that she would definitely say that adding additional staff members would create a better product. She shared examples of ways she felt that they could create a better product. Councilmember Callies asked what the South Shore Senior Partners (SSSP) were helping with. Park and Recreation Director Crossfield stated that is that they are there as a person in the building so the expectation on her position is not to be present at all times. She stated that they can also respond to the need for senior programming including greeting, directing, preparation of spaces, making coffee, and handling registration for their programs. Tina Branthorst, 27215 Smithtown Road, explained that she has been the President of the Board for the SSSP for the last few years. She explained that throughout her time as president, their role was basically to be a person in the building when the Director was not able to be there. She stated that their agreement in the past had them there from 8:30 a.m. to 3:30 p.m. and they pay rental for those hours. She stated that along with the rental agreement was the agreement that they would supply volunteers to sit at the desk, open and close the building when needed, and answer the phone, which is what they still do. Councilmember Callies asked if they had adequate volunteers and if she felt the set up was still working. Ms. Branthorst stated that because they are seniors, their volunteers do age out or they find other things to do. She stated that because it is voluntary, they are not always available when they are needed, however, their current group of volunteers have been able to be very flexible and fill in where needed. Mayor Labadie asked if there was a cost estimate for any of the proposed Park and Recreation software. Park and Recreation Director Crossfield noted that she had looked at a few options and the one for smaller cities runs about $8,000/year during the introductory phase and when they reach the point of maintenance the costs are taken down to about $5,000/year. She gave examples of how this software can be self-serviced to check for availability. There was consensus of the Council to direct staff to look into possible software uses and costs for future discussion. Councilmember Maddy noted that this was the second recent request for computer enhancement that has been asked for recently and questioned whether there were some other software type issues lurking in the City outside of this area. City Administrator Nevinski stated that there were other areas and noted that he and Public Works Director Morreim have been discussing Asset Management software so the City can track what they are doing with pavements, hydrant, valves, and signs to show when it was installed and when it has been worked on. He stated that there are some companies that can offer some integration CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 8, 2023 Page 4 of 5 so that could also be part of their evaluation process. He stated that it is possible that there may be some cost savings or ways for the different modules to talk to each other. Mayor Labadie asked whether they were still anticipating additional staffing needs if scheduling software is approved. Park and Recreation Director Crossfield stated that it would not solve all of their staffing issues, but would ease it for growth in other areas. Mayor Labadie noted that the sooner the information about the software can be brought to the Council, the better. City Administrator Nevinski stated that there are some things that can be done immediately to help and gave the example of swapping office space with SSSP and utilizing the coat room to create more space for the Department. He stated that can be done for a minimal cost. Councilmember Callies stated that she was not sure that both Planning Director Darling and Park and Recreation Director Crossfield needed to attend the Park Commission meetings. Park and Recreation Director Crossfield noted that she is hoping to be able to cut Planning Director Darling from having this responsibility soon. She explained that because there was a lack of quorum situation when she first started, she did not have the experience with them that she had hoped for. She stated that she is hopeful that following the Park Tours, that Planning Director Darling can take that off of her ‘to do’ list. She expressed her appreciation for all of the assistance Planning Director Darling had given her. Mayor Labadie asked if there was some financial information that could be shared with the Council regarding income from the Community Center and fields prior to considering the software. Park and Recreation Director Crossfield noted that year to date, the revenue of the Community and Event Center is at $20,800. She noted that due to the pandemic, most agencies are comparing current numbers with 2019 which had a total for the year of $56,000. She noted that if they compare year to date to 2022, the total revenue was $45,900, so they are almost up to half of the same revenue compared with last year. Stephany noted that they also have quite a few recurring rentals that have not occurred in past years. Park and Recreation Director Crossfield gave an overview of some of the recurring rentals that use the space. City Administrator Nevinski stated that he believes that there are a number of policy items that need to be discussed by the Council. He stated that he also believes that they need to take a look at the fee structure to ensure that they are positioned properly and noted that he believes this is just the beginning of the discussion surrounding this issue. He noted that they may be coming back to the Council with some suggested tweaks to the CIP and other ways that the money can be directed. Councilmember Sanschagrin noted that one area he thought may be missing from the strategic direction was urban forest management/Bee Safe/IPM. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 8, 2023 Page 5 of 5 Park and Recreation Director Crossfield stated that she had experience with pollinator programming and education as well as urban gardening. Ms. Brandthorst asked about the timeline for the agreement and when they could expect to see it. City Administrator Nevinski stated that he believes the agreements should be moved to the ‘front burner’. 3. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Work Session Meeting of May 8, 2023, at 6:46 P.M. Motion passed 4/0. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 8, 2023 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:03 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Parks and Recreation Director Crossfield; Director of Public Works Morreim; and City Engineer Budde Absent: Councilmember Johnson C. Review Agenda Sanschagrin moved, Maddy seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Maddy moved, Callies seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of April 24, 2023 B. City Council Regular Meeting Minutes of April 24, 2023 C. Approval of the Verified Claims List D. Approve Public Works Seasonal Hire E. Approve City Master Fee Schedule Update, Adopting RESOLUTION NO. 23- 045, “A Resolution to Update 2023 City Master Fee Schedule Pertaining to Massage Therapy Fees.” F. Approve Excelsior’s Park, Dock, and Code Enforcement CSO Agreement with City of Excelsior G. Approve Amplified Music for Private Event at Freeman Park, Adopting RESOLUTION NO. 23-049, “A Resolution Granting Authorization for Saint CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 2 of 11 Paul Saints Community Youth Spotlight Game on Field 3 at Freeman Park Located at 6000 Eureka Road Motion passed. 3. MATTERS FROM THE FLOOR 4. REPORTS AND PRESENTATIONS A. Auditors Report Andy Berg, Abdo, gave a brief overview of the 2022 audit results, including: General Fund information; Revenues and Expenditures; Governmental Funds; Enterprise Funds; and Key Performance Indicators. He noted that they issued an unmodified, or clean, opinion, which is the best that a city can get. Councilmember Sanschagrin asked if Mr. Berg had seen any areas where costs were higher than normal or areas that he felt the city should take a closer look at. Mr. Berg stated that it is a bit outside the scope of the audit but agreed that it would be something good to look at. He noted that nothing really came to mind and explained that the bulk of the City’s money goes to projects that are bid out with a competitive bidding process. B. Excelsior Fire District Presentation Battalion Chief Kim Stern gave an overview of some training burns that they have planned at 2424 Yellowstone Trail and 25480 Birch Bluff Road that are scheduled for upcoming Fridays and Saturdays. He explained that the purpose of the burns is to provide realistic training and scenarios for the Department and noted that live training is a yearly requirement. He shared details of how the training exercises would be conducted and noted that members of the Council are welcome to watch the burns. He noted that they have had nine new members start in the Department over the last six months. 5. PARKS A. Approve Freeman Park Trail Plans and Specifications and Authorize Advertisement for Bids, City Project 22-05 City Engineer Budde noted that on August 8, 2022, the Council authorized preparation of final plans and specifications for the Freeman Park Trail project. He noted that the trailhead will include construction of a new ADA compliant sidewalk adjacent to the park shelters. He stated that the city and the Three River Park District will enter into an agreement to define the costs and maintenance responsibilities. He reviewed details of the trail, way signage, drainage needs in the area, and future maintenance. He noted that the expectation is that bids would be opened in late May or early June and gave an overview of the budgeting details associated with the project. Councilmember Sanschagrin asked if the asphalt trails would include a base. City Engineer Budde stated that they would and are full reconstruction which means removal of the existing asphalt and base and putting in a new base and new asphalt. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 3 of 11 Councilmember Sanschagrin asked if he could get a copy of the agreement with the County. City Engineer Budde stated that is possible but noted that staff had just reviewed the first draft of the agreement today. He stated that the staff is hoping to have the agreement to the Council for approval at a June Council meeting. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-046, “A Resolution Approving the Plans and Specifications for the Freeman Park Trail Improvements Project and Authorizing Bidding; City Project 22-05.” Motion passed. 6. PLANNING A. Request for PUD Concept Plan for Smithtown Road Redevelopment Location: 24250 Smithtown Road Applicant: TSML Properties, LLC Planning Director Darling gave an overview of the request for a PUD Concept Plan for property located at 24250 Smithtown Road. She stated that the concept is six, two family dwellings and one single family dwelling that would be owned individually but with common property like a townhouse development. She noted that this parcel would have an impact in Shorewood as well as Tonka Bay where they are proposing four additional two-unit structures. She gave an overview of the proposed units, layouts of common areas, access, and planned density. She reviewed the original plans and Planning Commission discussion where they recommended denial. She noted that following this action, the applicant revised their plans to meet the buffer requirements. She showed renderings of the landscape plans to portray the proposed buffer which will provide a physical barrier to the Public Works facility. She stated that the Planning Commission had reviewed the changes to the proposal on April 4, 2023, and recommended approval with a split vote. She gave a brief overview of items staff would like the Council to consider related to traffic, setbacks, grading, and tree preservation. She noted that, if this project is approved, there will need to be some shared agreements between the City and Tonka Bay for things like utility service agreements. Councilmember Sanschagrin asked if there were any concerns related to safety on Smithtown Road with relation to sight lines and access. Planning Director Darling stated that there were some concerns regarding safety and noted that with the previous application for an apartment, the County had suggested that in lieu of the existing angled access point that there be an access road that would approach with a 90 degree angle so there would be a better view of both sides of County Road 19. Councilmember Sanschagrin noted that one of the Planning Commissioners had expressed concern about the level of housing and asked if staff knew the target price of these units. Planning Director Darling explained that the applicant has indicated that they would be priced at about one million dollars for each. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 4 of 11 Councilmember Maddy asked if the impervious coverage estimate included the private road on the Shorewood side of the project. Planning Director Darling stated that she believed that it did include the private road. Councilmember Maddy asked what just the lots on the Shorewood side would have for impervious coverage. Planning Director Darling stated that she did not calculate that out separately, but typically when the road is removed from the impervious surface calculation, you also remove the net area. Councilmember Callies stated that she agreed with the one Planning Commission who had some concerns about this proposal related to the housing model. She stated that the City does not have a lot of diversity in terms of housing options and noted that she feels this site may be better designated as commercial. She stated that this proposal does not seem to meet the objectives in the Comprehensive Plan related to density. She asked what other multi-family applications the city had seen for this parcel. Planning Director Darling explained that the only application she had seen is the sketch that was submitted to the Council a few years ago for a fifty-six-unit apartment building. Councilmember Callies asked about the Planning Commission discussion related to the height of the building and noted that the adjacent parcels are commercial in nature. Planning Director Darling stated that she believed their concern was that this site sits up a bit higher and were concern that adding a multi-story building on top of an already high site, it would loom over the adjacent properties. Councilmember Callies stated that she was not too concerned about a building looming over them because the adjacent properties were commercial and the Public Safety building. She noted that she was also concerned with the setbacks. She explained that she would like to see some more alternatives in terms of housing and feels this parcel is more appropriate for medium density housing. Mayor Labadie stated that she would echo those statements. She noted that this is a beautiful project but does not think this is in the best interest of the city, long-term, to let go of an opportunity where they could increase density at a price point that would serve the community in a way that it is currently underserved. She stated that she believes this would be a suitable place for something that is higher density at a lower price point. She explained that she agreed with Planning Commission Huskins who stated that the city should wait for development that meets the density range and provides less expensive dwellings and meets the needs of a broader economic spectrum of residents. Councilmember Maddy noted that there was no political will to raise the density zoning on the Comprehensive Plan until the Met Council came and told the city that they needed to. He stated that as a result they raised the density in a few areas of the city where they felt it would be the least impactful for the residents. He stated that it was implied that if the city did not have a higher number of housing units here, the city would be forced to do elsewhere in the city, and he did not think that was accurate. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 5 of 11 Planning Director Darling stated that the City has identified a number of properties that could be developed at five units/acre or greater. She reviewed the areas throughout the city that have been proposed for this medium to higher density use. Councilmember Maddy noted that even once the Comprehensive Plan is approved by the Met Council, the market will still define what will be built. He explained that he did not think the extra units that were not built here would be required to be built elsewhere in the city. Todd Simning, ADÖR Homes, stated that it is a bit disheartening going through two Planning Commission meetings and then coming before the Council and still not having a plan. He stated that from what they had heard from staff and Planning, they spent a great deal of money putting together something that they felt would meet the City’s needs. He stated that it is disheartening to hear that there is a debate about whether the city wants higher density in this area or not. He stated that as a developer, they do not care if it is lower or higher density and shared details from projects that they have had in Chanhassen that involved affordable housing. He stated that they are open to this type of project but did not feel that was the feedback that they had gotten from staff or the Planning Commission. He stated that they have already been working on this for about four months and would like to get good direction from the city about what they want. Councilmember Callies stated that she appreciated this feedback and believes that to provide affordability, the city would need to provide some type of incentive such as TIF. She explained that she could appreciate Mr. Simning’s frustration with the overall process but noted that she was not sure how else this could be done other than to involve the Council earlier in the process. Planning Director Darling explained that there is one option available where the applicant could provide a sketch directly to the City Council to get feedback. She noted that it can be done at either a work session or a regular meeting and noted that the comments received would be non- binding, which is what the apartment building had essentially done. Councilmember Callies noted that she felt there was a range between strictly affordable housing and a million-dollar unit. Mr. Simning stated that looking at the 60% adjusted gross income in and around the area, more of the affordable housing would be someone that can spend about $1,800/month for their payment which equates to about a $450,000 to $500,000/unit. Mayor Labadie stated that even if the City voted unanimously to approve this request, the applicant still must gain approval from Tonka Bay. Councilmember Maddy stated that in his mind the problem with this proposal is not density but transportation and access to jobs. He stated that the city does not have the road network out here to move people efficiently at high enough density to drive down pricing. He stated that the proposal is nice and if they did want to move in a different direction for higher density, he does not think this is the site for it because of the way it is tucked up on the curve. He stated that he is fine supporting it as proposed with the hope that other, larger parcels will free up for higher density projects in the future. He stated that he feels that this proposal seems like it will be the least offensive for that corner. Councilmember Sanschagrin stated that he agreed and while he understands the sentiment shared about having affordable housing, however, in this instance, having more access like that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 6 of 11 to Smithtown Road seems like it is the wrong place to do that. He stated that he thinks many of the comments are for future direction in terms of what the City does as they continue to strive for higher density. Mayor Labadie stated that she appreciated the efforts the applicant had put into the driveway access plans and that they had been willing to take one unit out of their plans. She stated that she understands the comments made by Councilmembers Maddy and Sanschagrin but noted her concern that the city has less and less land within the city that can be developed with density. Councilmember Callies stated that she agreed with Mayor Labadie and noted that her understanding was also some single-family homes can generate more traffic than apartments. She noted that they are all just speculating because there is not an actual plan yet and reiterated that, to her, this should be a commercial site. Councilmember Maddy stated that a dense apartment building went up right next door to this location and asked if staff knew what the rents were. He stated that he has been told some high numbers and noted that in this community, without substantial subsidy, they cannot do moderate income housing. Councilmember Callies stated that the City had not examined this to see what the subsidy would need to be but noted that the issue was not in front of the Council tonight. Councilmember Sanschagrin asked what would happen in a situation where one City approved and the other denied the request. Councilmember Callies noted that the resolution language has approval contingent upon approval by the other city. Planning Director Darling stated that Tonka Bay will be considering this concept at tomorrow’s meeting. Mr. Simning stated that they had received the staff report which states that they are completely in support of the project, as proposed. Mayor Labadie cautioned that this information was from staff and the Tonka Bay Council would still need to vote on it and could have different opinions. She expressed concern that because there are only four Councilmembers present at the meeting, this item will end up with a split vote. Tom Commerford, of 14906 Blakeney Rd, Eden Prairie, stated that he has been in this business for 30 years as a developer, investor, and broker. He stated that the city only has so much room to work with and stated that this is not a high-density site because it is already on a high elevation. He explained that to go with high density, they would have to build up which means that they would end up with a towering building. He stated that this project, as proposed, was not requesting any City assistance or financing and explained that he felt it was time for something new to happen on this site. Councilmember Callies asked Mr. Simning why there could not be a more reasonably priced medium density project in this location. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 7 of 11 Mr. Simning stated that the question is how they can create something that has more density at a lower price and asked the Council what price they would like to hit. Councilmember Callies suggested $500,000. Mr. Simning stated that to make a product that would be livable but as they move to multi-family, the costs go up because of fire suppression for each unit and sound barriers between the units. He shared design options for three bedroom, three-level units and noted that he was even concerned with their single level designs looking over the nearby commercial areas. He stated that he would question whether people would even want the three bedroom, three-level unit as he described. He stated that he would agree with the statement made that this site is not one that requires density. He explained that he if thought it was, he would have come to the city with a different plan. He shared examples of his background and experience and explained the reasons why he felt what was being proposed was the right thing for this parcel. Mayor Labadie thanked Mr. Simning for his input and explained that the Council needed to rely on staff for their expertise because no one on the Council is a builder. She stated that she remains concerned about density and would like there to be more affordable housing for people who cannot afford million-dollar homes to be able to live in the community. Councilmember Callies stated that she does not like the proposal and questioned how many more million dollar homes the city needed. She stated that she does not understand why they could not do something that is a little denser that would not have to be the three levels Mr. Simning described. Mayor Labadie asked Planning Director Darling if she felt confident that the city could meet the density asked for by the Met Council using other sites in the city. Planning Director Darling stated that she thinks there is a real potential for it, but the city must accept that sometimes those opportunities may not be in ‘perfect’ locations. Councilmember Callies asked if there was any middle ground and if Mr. Simning could put together a sketch plan to more closely fits what she and Mayor Labadie have been describing without having to go back to the Planning Commission or spending a lot of engineering dollars. Mr. Simning reiterated that he feels that this is the right product for this piece of property. He stated that if he felt that this was a piece of property where they could bring in true affordability, he would do it. He stated that he appreciates having this conversation with the Council but reiterated that he feels this is the best product for this parcel. Mayor Labadie noted that Shorewood’s concerns related to density and the Comprehensive Plan are not shared by Tonka Bay, so they are two quite different cities dealing with the same site. She stated that she does not think the city can simply sit back and wait and see what Tonka Bay decides because they will be coming to it from a different mindset. Councilmember Sanschagrin stated he also wants to be cognizant of fairness to the builder in terms of the process. He noted that the Council denying this PUD would seem reactive and noted that he feels the Council should be more proactive in identifying where the high-density housing can actually go and allowing the Planning Commission to have feedback early on in the process. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 8 of 11 He stated that another strong consideration is how it fits in the city and agreed that it could be a concern to have taller buildings on this lot looming over the area. Councilmember Callies stated that she feels those comments were completely out of line because the process is the process, and the Council makes the decision. She stated that if the Council just rubber stamped everything that the Planning Commission does, they would not be doing their job. She stated that she understood that this developer has been through a lot but felt that saying the Council had to approve this because of the hardship they went through is, in her opinion, a cop out. Councilmember Sanschagrin stated that he did not say that the Council had to approve it but does feel there was a fairness aspect to the situation. Councilmember Maddy asked when the 120-day period would end. Planning Director Darling stated that the 120-day period would end on May 24, 2023, and suggested that if the Council did not have enough votes for action that it be pushed out to the next meeting. Mayor Labadie asked what would happen if the Met Council rejected the most recent Comprehensive Plan submission and the city did not increase its density. Planning Director Darling stated that the city would have to start over but noted that she believed the city had wrapped up the final details that were remaining. She stated that the Met Council could start making it particularly challenging to apply for any grants and could actively work against various applications at the State level. She noted that the Met Council could choose to actively take the city to court which has happened in other communities. City Attorney Shepherd stated that he agreed with this description of what could happen. He states that what is before the Council tonight is this parcel and not the overall Comprehensive Plan guidance. Councilmember Callies noted that she did not feel that this was the site to ‘fall on her sword’ so she will not be in opposition to it. Mayor Labadie stated that she agreed but would do it with major reservations. She requested that a different project bring some density. Councilmember Callies suggested that there be language included in the resolution that says, ‘while the development does not technically meet the Comprehensive Plan density, current market conditions and the site attributes cannot support higher density’. City Attorney Shepherd suggested this language could be added to the resolution. Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-047, “A Resolution Approving a PUD Concept Plan for the Property Located at 24250 Smithtown Road, with the addition of ‘while the development does not technically meet the Comprehensive Plan density, current market conditions and the site attributes cannot support higher density’ as a new #3 and renumbering the remaining items accordingly. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 9 of 11 Motion passed. 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Bond Reimbursement Resolution Finance Director Rigdon explained that this kind of reimbursement resolution is necessary when the city does bond projects. He stated that it allows the City to borrow money internally until such a time as they issue the debt which then repays the internal loan. He stated that it is quite common and is done every year. He noted that they are looking at the Birch Bluff Road and Lift Station #11 projects. He stated that they were not asking for the actual approval of the bond at tonight’s meeting. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-048, “A Resolution Declaring the Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City.” Motion passed. 9. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Response to Inquiry – Multiple Dock Permit Fees Planning Director Darling noted that she felt the information included in the memo speaks for itself and explained that they would continue to watch the license fees and can increase them, if necessary. 2. Galpin Lake Trail – Andrew Morrow, 5935 Galpin Lake Road City Engineer Budde stated that there was a lot of history over the desire to have a sidewalk/trail on Galpin Lake Road. He stated that he believes the next best step is that when MnDOT is doing their corridor study that the residents get engaged and involved in that process. He explained that in 2028, MnDOT is planning to do a pavement rehabilitation project on Highway 7 which would be the time to kind of implement some of these strategies. 3. Strawberry Lane/LRT Trail Crossing City Engineer Budde explained that at the last meeting they had provided an update that the Lake Minnetonka Regional Trail wanted to provide some curvature at the trail crossing of Strawberry Lane. He stated that this required following up with the Three Rivers Park District and the Hennepin County Regional Rail Authority (HCRRA) to discuss this feedback. He stated that everyone involved feels adding the curvature is the best from a safety perspective and noted that the curvature is designed with a slightly smaller radius which would be 15 mph. He stated that they discussed ‘yield’ or ‘stop’ and the HCRRA would like it to be a ‘yield’ because most trail users do not comply with a ‘stop’ condition and simply coast through. He stated that because of the change in the project and the tree removal, they would like to see it be a ‘stop’ control in the short CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 10 of 11 term, but long term may change to ‘yield’ if conditions and site lines are found to be adequate. He explained that the city will really be in control of the messaging for the public. He noted that they agreed to pay one hundred percent of the additional costs, which had previously been fifty percent. He noted that there will be a formal joint powers agreement that will come at a future meeting. Councilmember Sanschagrin stated that he believes there is a lot of confusion on the bike control in terms of ‘stop’ versus ‘yield’ and noted that he did not think he had ever seen a bike stop if there were no cars coming. He stated that he would be in support of a ‘yield’ sign and an additional sign like they have in Deephaven that states, ‘Cross traffic does not stop.’ Mayor Labadie stated that she felt that was a great idea and suggested that they also add a ‘Cross traffic does not stop’ sign at the intersection of the trail and Cathcart. City Engineer Budde stated that he will have that conversation with them and see if they may be open to that type of signage. Councilmember Maddy commended the funding coming up to over one hundred percent of the costs for the change to the project. He stated that then it becomes their project that they are paying for, and the city can announce that accordingly. Other Parks and Recreation Director Crossfield asked the Council to save the date for upcoming events, including Walk with the Mayor on May 15, 2023, at 5:30 p.m.; Concert in the Park – July 20, 2023. She noted that the community gardens are tilled, and planting has commenced. Public Works Director Morreim stated that they are about seventy percent done with street sweeping and should be done in the next few weeks. He stated that watermain flushing began last week. City Engineer Budde stated that the contractors should be back in for the Smithtown Pond project to finish the grading and noted that their substantial completion date is July 1, 2023. He stated that tree removal will begin for the Birch Bluff project this week and next. He stated that for Strawberry Lane, the small utilities have gone smoothly, thus far. Planning Director Darling stated that there is a new application coming before the planning Commission next month for a variance request and will also continue to work on amendments to the sign code. City Attorney Shepherd stated that they were finally able to serve the property owner for the condemnation of the property on Strawberry Lane which will be going for a hearing on May 24, 2023. City Administrator Nevinski stated that the city participates with the County in the CDBG program and has been informed that the city will have the opportunity to continue involvement for the next few years. He noted that the Spring Clean-up event will be held on May 20, 2023, from 8:00 a.m. to 1:00 p.m. He stated that Communications and Recycling Coordinator Wilson will be hosting a Recycling Committee meeting May 9, 2023, at 5:00 p.m. at the Shorewood Community and Event Center. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 8, 2023 Page 11 of 11 B. Mayor and City Council Councilmember Sanschagrin stated that there will be a Parks Tour tomorrow evening. He noted that he will attend the upcoming LMCC meeting to discuss the financial situation. Park and Recreation Director Crossfield stated that the Park Tour will begin at 6:15 p.m. at Eddy’s Station in Freeman Park. Councilmember Callies stated that the Excelsior Trolley is up and running. She stated that the Minneapolis Open Door will be held this weekend which is when many buildings who are not open to the public are open to the public. She stated that she will be at the downtown post office on Saturday morning where they will host behind-the-scenes tours of the operations. She stated that it is a very cool event and encouraged residents to participate. Mayor Labadie stated that in late April, she met with former Mayor Scott Zerby and the Minnesota Streetcar representative, Aaron Isaacs where they did a general presentation to the public at Shorewood Landings. She noted that earlier today she had attended the Regional Council of Mayors meeting where they had presentations regarding population trends and the economy of the region. She reminded residents that they are about to the midway point of the Step to It challenge. 10. ADJOURN Maddy moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of May 8, 2023, at 9:19 P.M. Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk Item 2D City Council Meeting Item Title/Subject: Annual Review of City Data Practices Policy Meeting Date: May 22, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Attachments: Shorewood Data Practices Policy Resolution 23-050 Background Minnesota State Statutes, sections 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota State Statutes, section 13.03, subdivision 2 requires entities to establish procedures that data requests are complied with appropriately and promptly. Minnesota State Statute §13.025, subdivision 2, specifically requires that the Data Practices Responsible Authority shall prepare a written data access policy and review and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public’s ability to access data. The attached policies for the City of Shorewood: Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public reflect the most current and relevant information. There are no changes to the policy for this annual review period. Approval of these policies will satisfy the government entity annual update obligations and requirements for the year 2023 pursuant to MN state law. Financial Considerations Pursuant to MN State Statute 13.03 Subd.2(c) if a person requests copies or electronic transmittal of data, the city may require the requester to pay the actual costs of searching for and retrieving government data, including the cost of employee time, and for making, certifying, and electronically transmitting the copies of the data or the data. If 100 or fewer pages of black & white, letter or legal-size copies are requested, actual costs may not be used, and instead, the city may charge no more than .25 per page copied. These fees have been delineated in the City’s Data Practices Policy and the City’s Master Fee Schedule. Action Requested Staff respectfully recommends the city council approve the City of Shorewood Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public satisfying the government entity annual update obligations and requirements on or before August 1 for the year 2023 pursuant to MN state law. Motion, second and simple majority vote required. 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 /źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ IĻƓƓĻƦźƓ /ƚǒƓƷǤͲ aźƓƓĻƭƚƷğ Data Practices Policy for Public 1 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Right to access public data The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to make a data request You can look at data, or request copies of data that this government entity keeps. Make your written request for data to the appropriate individual listed in the Data Practices Contacts on page 4. You may make your request via email, fax, mail, or in person using the form on page 6. If you choose not use to use the data request form, your request should include: You are making a request for public data under the Government Data Practices Act (Minnesota Statutes, Chapter 13). Whether you would like to inspect the data, have copies of the data, or both. A clear description of the data you would like to inspect or have copied. This government entity cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. How we respond to a data request Upon receiving your request, we will work to process it. If it is not clear what data you are requesting, we will ask you for clarification. If we do not have the data, we will notify you in writing within 10 business days. If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: o Arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or Data Practices Policy for Public 2 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone o Provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 5. We will provide notice to you about our requirement to prepay for copies. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Requests for summary data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make request in writing and pre-pay for the cost of creating the data. Upon receiving your written request you may use the data request form on page 6 we will respond within ten business days with the data or details of when the data will be ready and how much we will charge. Data Practices Policy for Public 3 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Data Practices Contacts Responsible Authority Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Compliance Official Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Designee(s) 1) Name: Brian Tholen, Chief of Police, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 2) Name: Laura Holtan, Administrator, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 3) Name: Brenda Pricco, Deputy City Clerk, City of Shorewood Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7901, Email: bpricco@ci.shorewood.mn.us Data Practices Policy for Public 4 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Copy Costs Members of the Public This government entity charges for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). For 100 or fewer paper copies 25 cents per page 100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-sided copy. Most other types of copies actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. If, because of the subject matter of your request, we find it necessary for a higher-paid employee to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage. Data Practices Policy for Public 5 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone 5ğƷğ wĻƨǒĻƭƷ CƚƩƒ aĻƒĬĻƩƭ ƚŅ ƷŷĻ tǒĬƌźĭ Request date: I am requesting access to data in the following way: Inspection Copies Both inspection and copies bƚƷĻʹ LƓƭƦĻĭƷźƚƓ źƭ ŅƩĻĻ We will respond to your request as soon as reasonably possible. Contact information Name: Address/phone number/email address: Note: You do not have to provide any contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. These are the data I am requesting: Describe the data you are requesting as specifically as possible. Data Practices Policy for Public 6 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities l policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies The City of Shorewood Data Subjects. This notice to the Commissioner satisfies obligation under Minnesota Statutes, section 13.073, subdivision 6. Sandie Thone City Clerk and Data Practices Responsible Authority Adoption of Model Policy Notice to Commissioner of Administration Submitted May 8, 2017. *DƚǝĻƩƓƒĻƓƷ ĻƓƷźƷźĻƭ ƒğǤ ƭǒĬƒźƷ Ʒŷźƭ ƓƚƷźŅźĭğƷźƚƓ ĬǤ ƒğźƌ ƚƩ Ļƒğźƌʹ Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us Data Practices Policy for Public 7 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone /źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ IĻƓƓĻƦźƓ /ƚǒƓƷǤͲ aźƓƓĻƭƚƷğ Data Practice Policy for Data Subjects 1 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Data about you The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. Classification of data about you The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. Public data We must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. The following is an example of public data about you: 9ǣğƒƦƌĻʹ WƚŷƓ {ƒźƷŷͲ ЎЉЉЉ {ƒźƷŷ 5ƩͲ {ƒźƷŷƷƚǞƓͲ ab ЎЎЉЉЉͳ \[źĭĻƓƭĻ ğƦƦƌźĭğƓƷ ŅƚƩ hƓΏ{ğƌĻ \[źƨǒƚƩ \[źĭĻƓƭĻ ŅƚƩ {ƒźƷŷƷƚǞƓ \[źƨǒƚƩƭ Private data We cannot give private data to the general public, but you can have access to private data when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. The following is an example of private data about you: 9ǣğƒƦƌĻʹ {ƚĭźğƌ {ĻĭǒƩźƷǤ bǒƒĬĻƩʹ ЍЏБΏББΏ Confidential data Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. We can share confidential data about you with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. We cannot give you access to confidential data. The following is an example of confidential data about you: 9ǣğƒƦƌĻʹ WƚŷƓ {ƒźƷŷ ğƭ ƒğƓķğƷĻķ ƩĻƦƚƩƷĻƩ ƚŅ ĭƚƒƦƌğźƓƷ ƩĻŭğƩķźƓŭ ĭŷźƌķ ğĬǒƭĻ Data Practice Policy for Data Subjects 2 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Your rights under the Government Data Practices Act The City of Shorewood must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Access to your data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When we collect data from you When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. LŅ Ǥƚǒ ǞğƓƷ ǒƭ Ʒƚ ƩĻƌĻğƭĻ ķğƷğ Ʒƚ ğƓƚƷŷĻƩ ƦĻƩƭƚƓͲ Ǥƚǒ ƒǒƭƷ ǒƭĻ ƷŷĻ ĭƚƓƭĻƓƷ ŅƚƩƒ ǞĻ ƦƩƚǝźķĻ͵ Protecting your data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law. Data Practice Policy for Data Subjects 3 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone When your data are inaccurate and/or incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to make a request for your data You can look at data, or request copies of data that the City of Shorewood keeps about you, your minor children, or an individual for whom you have been appointed legal guardian. Make your request for data to the appropriate individual listed in the Data Practices Contacts on page 6. We prefer you use the data request from on Page 8 for all data requests. If you choose not to use the data request form, your request should include: You are making a request, under the Government Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you. Whether you would like to inspect the data, have copies of the data, or both. A clear description of the data you would like to inspect or have copied. I The City of Shorewood requires proof of your identity before we can respond to your request for data. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on page 9. How we respond to a data request Once you make your request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification. LŅ ǞĻ ķƚ ƓƚƷ ŷğǝĻ ƷŷĻ ķğƷğͲ ǞĻ Ǟźƌƌ ƓƚƷźŅǤ Ǥƚǒ źƓ ǞƩźƷźƓŭ ǞźƷŷźƓ ЊЉ ĬǒƭźƓĻƭƭ ķğǤƭ͵ If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data. If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: o Arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o Provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 7. Data Practice Policy for Data Subjects 4 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Ļ Ǟźƌƌ ƦƩƚǝźķĻ ƓƚƷźĭĻ Ʒƚ Ǥƚǒ ğĬƚǒƷ ƚǒƩ ƩĻƨǒźƩĻƒĻƓƷ Ʒƚ ƦƩĻƦğǤ ŅƚƩ ĭƚƦźĻƭ͵ After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Data Practice Policy for Data Subjects 5 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Data Practices Contacts Responsible Authority Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Compliance Official Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Designee(s) 1) Name: Brian Tholen, Chief of Police, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 2) Name: Laura Holtan, Administrator, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 3) Name: Brenda Pricco, Deputy City Clerk, City of Shorewood Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7901, Email: bpricco@ci.shorewood.mn.us Data Practice Policy for Data Subjects 6 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Copy Costs Data Subjects The City of Shorewood charges data subjects for copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. ƚǒ ƒǒƭƷ ƦğǤ ŅƚƩ ƷŷĻ ĭƚƦźĻƭ ĬĻŅƚƩĻ ǞĻ Ǟźƌƌ ŭźǝĻ ƷŷĻƒ Ʒƚ Ǥƚǒ͵ Actual cost of making the copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, flash drive, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. Data Practice Policy for Data Subjects 7 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Data Request Form Data Subjects ƚ ƩĻƨǒĻƭƷ ķğƷğ ğƭ ğ ķğƷğ ƭǒĬƆĻĭƷͲ Ǥƚǒ ƒǒƭƷ ƭŷƚǞ ƌźĭĻƓƭĻͲ ƒźƌźƷğƩǤ L5Ͳ ƚƩ ƦğƭƭƦƚƩƷ ğƭ ƦƩƚƚŅ ƚŅ źķĻƓƷźƷǤ͵ Contact information Data subject name: Parent/Guardian name (if applicable): Address: Phone number/email address: Staff verification Request date: Identification provided: I am requesting access to data in the following way: Inspection Copies Both inspection and copies We will respond to your request within 10 business days. bƚƷĻʹ LƓƭƦĻĭƷźƚƓ źƭ ŅƩĻĻ͵ ŷĻ /źƷǤ ƚŅ {ŷƚƩĻǞƚƚķ ĭŷğƩŭĻƭ Ʒƚ ƦƩźƓƷ ŷğƩķ ĭƚƦźĻƭ ƚŅ ķğƷğ͵ These are the data I am requesting: Describe the data you are requesting as specifically as possible. Data Practice Policy for Data Subjects 8 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as o o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID A minor individual must provide a valid photo ID, such as o o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either o a certified copy o o a certified copy of documents that establish the parent or gu child, such as a court order relating to divorce, separation, custody, foster care a foster care contract an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Data Practice Policy for Data Subjects 9 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone Notice of Adoption of Model Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies The City of Shorewood Data Subjects. This notice to the Commissioner satisfies the City of Shorewood Minnesota Statutes, section 13.073, subdivision 6. Sandie Thone City Clerk/Human Resources Director and Data Practices Responsible Authority Adoption of Model Policy Notice to Commissioner Submitted May 8, 2017 *DƚǝĻƩƓƒĻƓƷ ĻƓƷźƷźĻƭ ƒğǤ ƭǒĬƒźƷ Ʒŷźƭ ƓƚƷźŅźĭğƷźƚƓ ĬǤ ƒğźƌ ƚƩ Ļƒğźƌʹ Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us Data Practice Policy for Data Subjects 10 Annual Review and Update Dated 5/22/2023 MN 13.025 and 13.03;Sandie Thone CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-050 2023 CITY DATA PRACTICES POLICIES Minnesota State Statutes, sections 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota State Statutes, section 13.03, subdivision 2 requires entities to establish procedures that data requests are complied with appropriately and promptly; and Minnesota State Statute §13.025, subdivision 2, specifically requires that the Data Practices Responsible Authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public’s ability to access data; and The City of Shorewood and the Responsible Authority have successfully created and updated the following policies: Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public which reflect the most current and relevant information and have been updated to include the most recent changes in personnel and appointments; and Approval of these policies will satisfy the government entity annual review and update obligations and requirements for the year 2023 pursuant to MN state law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the City of Shorewood Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public are approved. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22nd day of May 2023. _______________________________ ATTEST: Jennifer Labadie, Mayor _________________________________ Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Authorization to Declare Items as Surplus and Authorize the Sale 2E Meeting Date: Monday, May 22, 2023 Prepared by: Matt Morreim, Public Works Director Reviewed by: Marc Nevinski, City Administrator Joe Rigdon, Finance Director Jared Sheperd, City Attorney Attachments: Exhibit A - Surplus List Council Resolution Background: The City has maintenance equipment, building materials, and other miscellaneous items that have reached the end of life, are obsolete and/or are no longer used by the City. Recently, City staff inventoried these items that are stored at various City facilities. The main benefit for selling surplus items is to gain critical storage space at all the facilities where the items are stored. The fair market value of each inventoried item is included in the attachment. No item is greater than $175,000 in value. All items will be advertised for sale on an online auction site (GovDeals or MinnBid) or to another government entity. Financial Considerations: Funds generated by the sale of surplus items will be directed to the appropriate capital fund. Action Requested: Motion to adopt the Resolution as submitted that declares inventory as surplus and authorizes the sale of the same. 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 ESTIMATED VALUE #ITEMDESCRIPTIONYEARYEAR/MODELVIN # 1Metrotech LocatorUtility locating unit19969860-BDLn/a$300 2Lincoln Arc WelderArc welding unitPre-1990sIdeal Arc 250-250n/a$300 3Toro Proline 44"Commercial lawn mower199630176n/a$500 4AllPaver SP-50Small asphalt paverPre-2000sSP-50n/a$500 5Kabota Pump TrailerDiesel pump trailer. 5" Discharge. 185 hours2003Dieseln/a$1,500 6Sreco Jetter TrailerMobile sanitary jetting unit. 984 hrs1987HV1800TRLn/a$700 7Sprinkler TrailerBauer Rain BoyPre-2000sUnknown'n/a$700 8Falls Directional PlowPlow for dump truckPre-1980s311-Hn/a$400 9Balderson V-plowPlow for dump truckPre-1980sBV53-8Qn/a$600 10Ford F250 -4x4Extended cab pickup w/ snow plow. 88,000 miles 2004F250 XL1FTNX21L14EP66192$1,800 11Ford F350 -4x4Extended cab pickup w/ snow plow. 112,500 miles2005F350 XLT1FTWX31546EA19373$2,000 12Ford F150 - 4x4Extended cab pickup. 117,000 miles2005F1501FTRF14W05KE69807$1,500 13Ford F Superduty - 2X45-speed manual transmission pickup w/ flatbed. PTO. 59463 miles.19937.5 Gas 4602FDLF47G3PCA80611$2,500 14TrailerSAE Class 3 trailer. 2" hitch. 5000 GVWPre-2000sUnknownn/a$300 15Tow behind graderRussel Hi-Way Patrol tow behind graderPre-1990sRussel Hi-Way Patroln/a$2,000 16Tandem Axle TrailerGreen tandem axle trailer w/ ramps. 12,400 GVWPre-2000sTK104-16001TKU01621HM118068$1,000 17Dodge Grand Caravan3.3L V6 White Mini Van ###### miles2004Grand Caravan1D4GP24RX5B166586$1,200 18Chairs50 chairs w/o arms & 20 chairs w/ arms. No caster wheels.2000n/an/a$350 19Canoe2 seater canoeUnknownUnknownn/a$100 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-051 A RESOLUTION DECLARING INVENTORY AS SURPLUS AND AUTHORIZING THE SALE OF THE SAME. WHEREAS, the City Council of the City of Shorewood, Minnesota has been advised by staff that the inventory items described in the attached Exhibit A are no longer needed for current or future municipal operations; and WHEREAS, the estimated value of each inventory item is included in the attached Exhibit A; and WHEREAS, the fair market value of each inventory item is included in the attached Exhibit A and is not greater than $175,000 per item. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The council declares the inventory items listed in the attached Exhibit A as surplus. 2. The council authorizes the disposal of said items by advertising it for sale on an online auction site (GovDeals or MinnBid) or to another government entity pursuant to Minn. Stat. § 471.345 at or above each item’s fair market value. 3. The inventory will not be sold to a city officer or employee. 4. All sales shall be final and the inventory is to be sold in “as-is” condition. Adopted by the City Council of Shorewood, Minnesota this 22nd day of May, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 225464v1 City Council Meeting Item Item Title/Subject: Accept Improvements & Authorize Final Payment 2F Lawtonka Drive Water Services. Meeting Date: Monday May 22, 2023 Prepared by: Andrew Budde – City Engineer Reviewed by: Matt Morreim – Public Works Director Attachments: Final Pay App, Resolution Background: In 2021 a parcel on Lawtonka Drive was split into two residential lots. The two lots did not have existing water service stubs and therefore needed to be added by the city. The city solicited quotes and awarded the work to Minger Construction for the installation of two water services and curb stops. The work was completed in the fall of 2022 and the city has processed payment for most of the work. The contractor is requesting final approval and payment. Staff has reviewed the site and recommend acceptance of the improvements and making final payment which releases the final 5% retainage. Financial or Budget Considerations: The quote from Minger Construction was $30,370.00. The final project amount for work complete is $26,295.00 and under budget by approximately $4,000. The final payment amount is $1,314.75. Action Requested: Acceptance of the improvements and authorize final payment in the amount of $1,314.75. 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 23-052 A RESOLUTION TO ACCEPT IMPROVEMENTS AND AUTHORIZE FINAL PAYMENT FOR LAWTONKA WATER SERVICES WHEREAS, quotes for the Lawtonka Water Services were received by the city and the low quote was awarded to Minger Construction; and WHEREAS, the work was completed in the fall of 2022 and the contractor is requesting acceptance of the improvements and final payment of the work completed; and WHEREAS, staff has reviewed the site and work completed and recommends the city accept the improvements and authorize final payment to Minger Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The city hereby accepts the improvements for the Lawtonka Water Services and authorizes final payment in the amount of $1,314.75 nd Adopted by the City Council of Shorewood, Minnesota this 22 day of May 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City Council Meeting Item 2G Title/Subject: Approve Purchase of Commercial Fridge MEETING TYPE Meeting Date: May 22, 2023 Regular Meeting Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Marc Nevinski, City Administrator Attachments: NA Background in Recommendation: The 2023 Capital Improvement Plan (CIP) for Shorewood Community and Event Center (SCEC) has an amount of $5,000 to purchase 100 banquet chairs. After prioritizing building needs, staff recommend foregoing the purchase of new banquet chairs and purchasing a commercial fridge ($2,000) currently located in the SCEC that was purchased and delivered by a previous kitchen renter. The previous renter purchased the fridge new in Fall of 2022 and it has been stored in the Activity Room of the SCEC since. They no longer have a need for the fridge and are selling it slightly used for $2,000. Staff have noticed a pattern of lack of storage, both dry and cold, for kitchen renters. Staff plans to move the fridge to a secured location and to add both dry and cold storage options to kitchen renters for a fee. If this solution does not prove to be beneficial for kitchen renters and the SCEC then the newly purchased fridge will replace the existing fridge from 1996 in the commercial kitchen. Financial Considerations: Adequate funding exists in the 2023 CIP – 201 Community and Event Center Fund in the amount of $5,000, enough to cover the purchase of the fridge for $2,000. Action Requested: Motion to approve the purchase of the commercial fridge for $2,000 from the previous kitchen renter. 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 Council Meeting Item 4B Title/Subject: National Public Works Week Proclamation MEETING TYPE Meeting Date: May 22, 2023 Regular Meeting Prepared by: Matt Morreim, Public Works Director Reviewed by: Marc Nevinski, City Administrator Attachments: Proclamation – National Public Works Week Background in Recommendation: National Public Works Week (NPWW) has been sponsored by the American Public Works Association (APWA) since 1960. We take this week to remind and educate the public on the importance of public works to their daily lives and the quality of life. In Shorewood, we have twelve full-time dedicated public works employees that maintain road, sewer and water infrastructure along with parks and buildings across the city. Action Requested: Mayor to read attached proclamation. 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 Item 5A City Council Meeting Item Title/Subject: Approving Parks and Recreation Software Meeting Date: May 22, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Marc Nevinski, City Administrator Attachments: Civic Rec Proposal and ROI Document Background: Discussion of the benefits of parks and recreation software took place during the Work Session on May 8, 2023. Staff was asked to bring forward more information and pricing regarding recreation software. Staff has explored two options and is recommending CivicRec for recreation software. CivicRec is a common choice amongst smaller Parks and Recreation departments due to its inclusive pricing structure, ease of use and customer experience. CivicRec will provide City of Shorewood staff, community organizations, residents and users the benefits of the modules listed below. Included are key benefits identified by staff, more complete descriptions can be found in the proposal. Activity Registration: Streamlines the registration process which increases the capacity to offer programming, specifically fee-per-user programs. Volunteer Management: Can be used for cross-departmental purposes. Facility Reservations: Will significantly increase the quality of customer service provided to potential renters, streamline the rental process and eliminate the ability to double-book facilities. Rental availability is the number one reason for calls, voicemails and emails, with CivicRec potential renters can easily view availability online or on their devices. Reporting/Financial Accounting: Allows for greater capacity to track financial transactions, revenues, registration trends and program management. Increases the safety of participants by having reported allergies, accommodation requests, emergency contacts and authorized pick-ups in one location. Ticketing: Could be used for future programs and events, tree sales, etc. Point of Sale: Allows for the fee collection for rental amenities like table linens, dinnerware and additional time to be take place on the spot rather than collecting fees post-event. Marketing/Brochures: Allows for streamlined integration of programs and events to newsletters, social media platforms, etc. Email/SMS Blasts: Increases the capacity of informing participants of event related emergencies, cancellations and targeted promotions. Resident Dashboard/Management: Increases the professionalism and ease of discovering and registering for programs, events and rentals. 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 Credit Card Processing: Participants and users can pay at the SCEC (currently sent to City Hall to pay) or on their devices, payment is linked to the program and/or rental for better tracking of outstanding fees. Integration with ArcGIS for resident determination: Limits the ability for non-residents to pay resident rates for rentals and programs. AudioEye (additional fee): CivicRec works with AudioEye Enterprise, a Digital Accessibility Platform, that offers a Toolbar for web personalization, confirming to Web Content Accessibility Guidelines. Financial Considerations: CivicRec has provided City of Shorewood with a reduced rate for two options one with and one without AudioEye. Below is a quick view of the fees, a detailed quote is attached in the proposal document. CivicRec with AudioEye: Year One: $8037.67 Year Two: $8362.67 Year Three: $8703.92 Year Four: $7524.56 CivicRec without AudioEye: Year One: $6412.67 Year Two: $6656.42 Year Three: $6912.35 Year Four: $5643.42 The renewal procedure is an automatic one year renewal term unless 60 days notice is provided prior to renewal dates. Action Requested Staff respectfully requests a motion to approve the contract for CivicRec Parks and Recreation Management Software. A majority (quorum) vote by the Council is required for any action on this request. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MAY 2, 2022 7:00 P.M. MINUTES CALL TO ORDER Chair Eggenberger called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Eggenberger; Commissioners Gorham, Huskins, and Holker; Planning Director Darling; and, Council Liaison Maddy Absent: Commissioner Johnson Chair Eggenberger resigned as Chair, which automatically makes Commissioner Gorham, who was previously elected as Vice-Chair the new Chair. 1. APPROVAL OF AGENDA Huskins moved, Holker seconded, approving the agenda for May 2, 2023, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES  April 4, 2023 Planning Director Darling gave an overview of some items that were not recorded at the previous meeting and asked for assistance in filling the details that were missed. The Commission shared recollections of the last meeting. Huskins moved, Holker seconded, approving the Planning Commission Meeting Minutes of April 4, 2023, as amended. Motion passed 3/0/1 (Gorham abstained). 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARINGS - NONE 5. OTHER BUSINESS A. Amendments for Content Neutral Signage (Section 1201.03, Subd, 11 of City Code) Applicants: Planning Director Darling gave a brief presentation on the City’s efforts to convert sign regulations into a ‘content neutral’ format as required based on several Supreme Court decisions. She noted that staff had taken inspiration from Hopkins, Richfield, Plymouth, as well as guidance from the League of Minnesota Cities. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 2, 2023 Page 2 of 4 Commissioner Huskins stated that the term ‘permanent’ sign is used, but he did not see that was one of the definitions in the information included in the packet. Planning Director Darling agreed and noted that it would have to be added. She explained that she wanted to wait on the definitions because there will be several new definitions that will be necessary. Chair Gorham referenced Subd 11, A and B, and noted that the portion about permitted and prohibited signs, it mentions public signs, address signs, integral signs, and campaign signs. He noted that those are not terms that are used in the list of allowed signs in the tables. Planning Director Darling explained that those were all from the current ordinance and explained that was one of the reasons that they are redoing this section because they are specific to content and they have to be made content-neutral. She gave examples of sign names that cannot be used that would be based on their content and noted that tonight’s conversation is just about the first part of the sign regulations and more language would be coming back for future discussions. Commissioner Huskins noted that he had comments and observations line by line on the information that was sent to the Commission. Planning Director Darling suggested that they review the items line by line and the Commission can share their feedback. The Commission gave the following feedback: Findings a (1): – Add the word ‘can’ in front of have. Findings a (4): - Define the word ‘aesthetics’ so it is not subjective. Use “could” instead of “would” Findings b (2)(b): - questioned highlighting aesthetics as visual clutter, and change ‘that is’ to ‘when’; suggested wording ‘by preventing signage that is harmful to the appearance of the community’ Findings b (2)(c): - clarify the phrase ‘improve the visual appearance of the city’ and discussed the City’s goals and mission Findings b (2) (d): - discussion of the phrase ‘fair and consistent’ and the possibility of including some statement that reminds people that the City is complaint based Findings c Effect: - discussion regarding ensuring the words used, such as ‘section’ ‘chapter’ and ‘article’ were being used consistently Findings c (2): - discussion of consistency in the language used and suggested ‘subject to the standards set forth herein’ within the first paragraph Findings d: - discussion of terms and consistency Findings e: - discussion regarding possible confusion and the possible creation of a loophole Findings f. (1) – discussion of the need for definition for ‘permanent signs’ Findings f. (2) – clarify that inspections are always required for permanent signs, add ‘or designee’ following Zoning Administrator Review (c): - discussion regarding the need for the phrase ‘as many be amended from time to time’ and suggested clarifying wording with the City Attorney. Review (d): - Planning Director Darling suggested striking ‘through the City’s permit portal’ Exceptions (4)(b): - Incomplete sentence Exceptions (4) (f): - discussion surrounding the term ‘public signs’ Prohibited Signs (g) (6): - discussion about adding shrubs to the list Prohibited Signs (g) (7): - flashing signs, possible wording that would differentiate between a public sign and others Prohibited Signs (g) (9): - should perhaps be separated into two items in order to be clear CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 2, 2023 Page 3 of 4 Noncommercial Speech Signs (h): - discussion about a creating a separate section that carves out signs that have nothing to do with elections; include language about traffic visibility in each section; Planning Director Darling suggested that the Commission move the discussion onto how to begin thinking about the regulation of residential signage. She noted that she had hoped to keep the amounts of signage proposed to be allowed consistent with the current code but explained that there may be challenges with that approach. The Commission discussed regulating by number of signs based on the size of lot; fixed number of signs consistent across the board; equity; enforcement; Richfield’s code details; sign sizes; holiday signs and inflatables; Planning Director Darling noted that she was suggesting that the Commission recommend capping the total limit of signs, similar to Richfield. She explained that the current ordinance does have some holes that she would like to see addressed. There was consensus of the Commission to limit the size of signs to a total of 12 sq. feet for residential properties in residential districts. Planning Director Darling moved the discussion toward non-residential uses in residential districts. The Commission discussed the possibility of exempting public parks from the limits or having a separate category for parks. There was a consensus of the Commission for a floating cap of 50 sq. ft. for every 10 acres or less., with a maximum sign size of 20 sq. ft. in area. Following discussion, the Commission gave Planning Director Darling direction for additional amendments to bring back to a future meeting including the amount of temporary signage for non- residential uses in residential districts. B. Election of Vice-Chair Commissioner Huskins nominated Commissioner Eggenberger to serve as vice-chair and Gorham seconded the nomination. Huskins moved, seconded by Gorham, to appoint Commissioner Eggenberger to serve as Vice-Chair. Motion carried 3-0-1 (Eggenberger abstained). 6. REPORTS • Council Meeting Report Council Liaison Maddy reported on matters considered and actions taken during the Council’s recent meetings. • Draft Next Meeting Agenda Planning Director Darling stated that at the June 6, 2023 meeting they will continue to look at the sign code amendments and a variance request. She noted that they have had difficulties with CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 2, 2023 Page 4 of 4 deliveries and asked for feedback from the Commission on when they had received their meeting packets. She noted that she was watching legislature for action that may be felt in the zoning world and shared examples of items that are being debated. 7. ADJOURNMENT Holker moved, Huskins seconded, adjourning the Planning Commission Meeting of May 2, 2023, at 9:43 P.M. Motion passed 4/0. City of Shorewood 2022 Special Archery Deer Hunt Rules 1. Deer hunt locations are limited to the areas as identified on the attached maps. 2. All hunters must attend the pre-season hunt orientation in October at the Shorewood City Hall. 3. Hunts are conducted using sharpshooter status MBRB archers only and are held during Friday (evening), Saturday / Sunday on the following dates: October 14-16, October 29-31, and November 12-14. Tree stands can be erected on the preceding Fridays. 4. All hunters are selected through the Metro Bowhunters Resource Base (MBRB). 5. Hunters must follow all Minnesota DNR laws and all MBRB special rules. 6. All hunt periods are for either sex deer. 7. Hunters must carry a hunt authorization letter from the City at all times during hunt. 8. All archers must hunt from elevated stands. Only TMA approved stands/steps are acceptable. Use of any homemade stands/steps is prohibited for safety reasons. 9. Ground blinds may be used by disabled hunters only. In this case the MBRB hunt coordinator will place the blind in a safe location. 10. Hunters must have a flashlight and a warning whistle within easy reach during entry, egress, and while on stand. A cell phone is also recommended. 11. A five-point fall restraint harness is required to be used by hunters at all times while on stand. 12. Only buckthorn can be cut for shooting lanes. 13. Stands can only be up during the designated hunt periods and must be removed from the area at the completion of each hunt by 1 hour after legal shooting time on the Sunday evenings of each hunt period. 14. Archers must park in designated areas only. 15. Cars must have a City supplied parking permit properly displayed. 16. Only deer may be taken during special hunts. 17. Hunters must log in and out of the hunt areas each time they leave. The MBRB hunt coordinator will provide a log-in sheet at an appropriate location. 18. Archers cannot track deer outside of hunt boundaries. Hunters must contact the MBRB hunt coordinator if deer retrieval is required outside of hunt boundaries. The hunt coordinator will make arrangements for police escort or obtain landowner permission before tracking deer onto adjacent properties. 19. Additional restrictions may be added at the required orientation meeting. 20. Hunters should immediately report any incidents to the MBRB hunt coordinator. 21. Hunters are directed not to speak to any protestors or news media. These incidents are to be reported to the MBRB hunt coordinator immediately. The MBRB hunt coordinator will contact the appropriate City staff and/or the Police who will handle any communication needed. 22. South Lake Minnetonka Police Department should be contacted immediately in the case of accidents. 23. Failure to follow rules will result in discipline up to and including removal from hunt. City Council Meeting Item 7A Title/Subject: Accept Quote for Water Meters Unit Installation MEETING TYPE Meeting Date: May 22, 2023 Regular Meeting Prepared by: Matt Morreim, Public Works Director Reviewed by: Marc Nevinski, City Administrator Attachments: Service Agreement Exhibit A1 - Request for Quote – Water Meter Replacement Project Exhibit A2 - Ferguson Water Meter Installation Quote Council Resolution – Water Meter Purchases Background in Recommendation: On April 24, City Council approved the purchase of Neptune water meters furnished by Ferguson Waterworks. Staff solicited quotes for the purchase of new meters that would replace the remainder of water meters that were installed between 2007 and 2009. The City has had nearly 500 water meters fail over the past 2 years and have an additional 450 meters that were installed at the same time that are expected to fail. Staff solicited quotes from two contractors for all water meter installation services. Services include resident communications and setting appointments, installing meter units, troubleshooting, and testing. The quote package (attached) was sent to both vendors and quotes were received by the city on May 16, 2023. The summary of the quotes is as follow: CONTRACTOR QUOTE AMOUNT Midwest Testing, LLC Declined to quote Ferguson Waterworks $59,585 The low Quote was provided by Ferguson Waterworks in the amount of $59,585 (attached). The install cost per unit is the same pricing from Ferguson Waterworks as it was for phase 1 of water meter install project that was quoted in late 2021. Financial or Budget Considerations: American Rescue Plan Act (ARPA) funds would be used to fund the meter unit purchase. On June 28, 2021, the Council approved a resolution accepting the Coronavirus local fiscal recovery fund established under the American Rescue Plan Act (ARPA). The act was passed by Congress and signed into law by President Biden in March 2021. An amount of $883,437.60 of ARPA funds was received by the City of Shorewood in 2021 and 2022. For Shorewood, projects utilizing ARPA have included: 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  Covington Road watermain improvement project (2021). This was an emergency replacement which was not accounted for in the City’s Water Capital Improvement Plan. Total costs were $336,385.19.  Water meter repair and replacement project (2022). Total costs were $61,370.00.  Water meter purchases (April, 2023). Total costs are $219,970. Total grant expenditures to date amount to $617,725.19. Of the original grant received of $883,437.60, an amount of $265,712.41 is available. Funds must be obligated by December 31, 2024 and the period of performance will run until December 31, 2026. Action Requested: Motion to approve the resolution that accepts the quote from Ferguson Waterworks in the amount of $59,585 for replacement of the water meter units. 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. PROFESSIONAL SERVICES AGREEMENT FOR WATER METER INSTALLATION SERVICES THIS AGREEMENT is made this May 22, 2023 (“Effective Date”) by and between Ferguson st Waterworks, with its principal office located at 1694 91 Avenue NE, Blaine, MN 55449 (“Contractor”), and the City of Shorewood, Minnesota, a Minnesota municipal corporation located at 5755 Country Club Road, Shorewood, MN 55331 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional water meter installation services. B. The City desires to hire Contractor to provide installation services of water meters as a part of the water meter replacement project. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1. Services. Contractor agrees to provide the City with the services as described in the attached Exhibits 1A and 1B (the “Services”). Exhibits 1A and 1B shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. th 2. Time for Completion. The Services shall be completed on or before October 15, 2023 for phase th 1 of installation and February 15, 2024 for phase 2 of installation, provided that the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Contractor for the Services according to the terms on the attached hereto as the Exhibits 1A and 1B. The consideration shall be for both the Services performed by Contractor and any expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty-five (35) days after Contractor’s statements are submitted. 4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: A. The parties, by mutual written agreement, may terminate this Agreement at any time; 1 225407v1 B. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; C. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or D. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Insurance Requirements. The Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: A. General Liability. The Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured. B. Automobile Liability. If the Contractor operates a motor vehicle in performing the Services under this Agreement, the Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit. C. Workers’ Compensation. The Contractor agrees to provide workers’ compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also carry employers liability coverage with minimum limits are as follows:  $500,000 – Bodily Injury by Disease per employee 2 225407v1  $500,000 – Bodily Injury by Disease aggregate  $500,000 – Bodily Injury by Accident The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. 11. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 12. Indemnification. To the fullest extent permitted by law, the Contractor agrees to defend, indemnify, and hold harmless the City and its employees, officials, and agents from and against all claims, actions, damages, losses, and expenses, including reasonable attorney fees, arising out of the Contractor’s negligence or the Contractor’s performance or failure to perform its obligations under this Agreement. The Contractor’s indemnification obligation shall apply to the Contractor’s subcontractor(s), or anyone directly or indirectly employed or hired by the Contractor, or anyone for whose acts the Contractor may be liable. The Contractor agrees this indemnity obligation shall survive the completion or termination of this Agreement. 13. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 3 225407v1 14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 18. Agreement Not Exclusive. The City retains the right to hire other professional installation services for this or other matters, in the City’s sole discretion. 19. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 20. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 21. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is the City Administrator of the City, or designee. Consultant’s authorized agent for purposes of 4 225407v1 administration of this contract is __________________, or designee who shall perform or supervise the performance of all Services. 22. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Consultant The City Ferguson Waterworks City Administrator st 1694 91 Avenue NE 5755 Country Club Road Blaine, MN 55449 Shorewood, MN 55331 or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 29. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 30. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 31. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. \[Remainder of page left blank intentionally. Signature page follows.\] 5 225407v1 IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. Ferguson Waterworks City of Shorewood: By: __________________________________ By: _________________________________ Jennifer Labadie, Mayor Name: _______________________________ Title: _________________________________ By: _________________________________ Sandie Thone, City Clerk 6 225407v1 EXHIBIT A SCOPE OF SERVICES & FEE SCHEDULE 225407v1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-053 A RESOLUTION, APPROVING QUOTE AND AUTHORIZING PURCHASE OF WATER METERS CITY PROJECT 21-09, Phase 2 WHEREAS, the City solicited quotes the installation of City purchased water meters; and th WHEREAS, on May 16, 2023, Midwest Testing declined to quote and a quote was received from Ferguson Waterworks in the amount of $59,585; and WHEREAS, the Director of Public Works has examined said quote and found it to be in order; and NOW THEREFORE, BE IT RESOLVED,: by the City Council of the City of Shorewood, to accept the quote by Ferguson Waterworks in the amount of $59,585. nd ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22 day of May, 2023. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk 225978v1 City of Shorewood Council Meeting Item 8A Title/Subject: Initiating Competitive Bond Sale Meeting Date: May 22, 2023 MEETING Prepared By: Joe Rigdon, Finance Director TYPE REGULAR Reviewed By: Marc Nevinski, City Administrator Attachments: Letter from Shannon Sweeney of David Drown Associates; Project & bond summaries; Resolution Background: The City Council held a public hearing and approved a five-year Street Reconstruction Plan on May 11, 2020. A ten-year Capital Improvement plan was approved on December 14, 2020. The first year of the Street Reconstruction Plan was in 2020, and bonds have been issued to finance various street and utility projects each year since. For 2023, estimated projects to be financed amount to $5,632,125, including:  Birch Bluff Road Street & Utility Improvements $5,222,289  Lift Station #11 Rehabilitation 409,836 The 2023 bond issue is proposed at $5,645,000. A cash contribution from the City’s street reconstruction fund of $178,755 is included. Financial or Budget Considerations: Shannon Sweeney of David Drown Associates will be at the council meeting to go through the process with the council. The bond financing estimates are included at the end of his letter to the council. Recommended Action: Staff recommends approval of a Resolution providing for the competitive negotiated sale of $5,645,000 General Obligation Street Reconstruction and Utility Revenue Bonds, series 2023A. Next Steps and Timeline: If the authorization of the bond sale process is approved on May 22, 2023, the awarding of the bond sale would be proposed for June 26, 2023. In the interim, staff will have a rating call with Standard & Poors, who will issue a bond rating in advance of the sale. 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 NO. 23-054 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,645,000 GENERAL OBLIGATION STREET RECONSTRUCTION AND UTILITY REVENUE BONDS, SERIES 2023A WHEREAS, the City Council of the City of Shorewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $5,645,000 General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2023A (the "Bonds") to provide financing for the 2023 Street Reconstruction and Utility Projects as outlined in the City’s 10-year Capital Improvement Plan and 5-year Street Reconstruction Plan; WHEREAS, the City has retained David Drown Associates, Inc., in Minneapolis, Minnesota ("David Drown"), as its independent municipal advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. Authorization. The Council hereby authorizes David Drown to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting; Bid Opening. The Council shall meet at the time and place specified in the Terms of Offering attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Administrator, or designee, shall open bids at the time and place specified in such Terms of Offering. 3. Terms of Offering. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Offering" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with David Drown and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. nd Adopted this 22 day of May, 2023. Attest: Mayor Jennifer Labadie Sandie Thone, City Clerk EXHIBIT A TERMS OF OFFERING City of Shorewood, Minnesota $5,645,000 General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2023A (BOOK ENTRY ONLY) TERMS OF PROPOSAL Proposals for the Bonds will be received on Monday, June 26, 2023 at 12:00 noon, Central Time, at the offices of David Drown Associates, Inc., 5029 Upton Avenue South, Minneapolis, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, on that same date. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 605-2375 to David Drown Associates, Inc. Signed Proposals, without final price or coupons, may be submitted to David Drown Associates, Inc. prior to the time of sale. The bidder shall be responsible for submitting to David Drown Associates, Inc. the final Proposal price and coupons, by telephone (612) 920-3320 or fax (612) 605-2375 for inclusion in the submitted Proposal. David Drown Associates, Inc. will assume no liability for the inability of the bidder to reach David Drown Associates, Inc. prior to the time of sale specified above. ® Notice is hereby given that electronic proposals will be received via PARITY, in the manner described ® below, until 11:00 A.M., Central Time on June 26, 2023. Bids may be submitted electronically via PARITY pursuant to this Notice until 11:00 A.M., Central Time, but no bid will be received after the time for receiving ® bids specified above. To the extent any instructions or directions set forth in PARITYconflict with this ® Notice, the terms of this Notice shall control. For further information about PARITY, potential bidders may ® contact David Drown Associates, Inc. or PARITY at (212) 806-8304. Neither the City of Shorewood nor David Drown Associates, Inc. assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated July 12, 2023, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2024. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: Year Amount Year Amount 2025 $ 205,000 2035 $ 275,000 2026 215,000 2036 285,000 2027 220,000 2037 300,000 2028 225,000 2038 310,000 2029 235,000 2039 320,000 2030 240,000 2040 335,000 2031 245,000 2041 345,000 2032 250,000 2042 360,000 2033 260,000 2043 370,000 2034 265,000 2044 385,000 MATURITY ADJUSTMENTS The City reserves the right to increase or decrease the principal amount of the Bonds on the day of sale, in increments of $5,000 each. Increases or decreases may be made in any maturity. If any principal amounts are adjusted, the purchase price proposed will be adjusted to maintain the same gross spread per $1,000. TERM BOND OPTION Bids for the bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the bid must specify as provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name U.S. Bank Trust Company, National Association., Minneapolis, MN, as registrar for the Bonds. U.S. Bank Trust Company, National Association shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2030 and on any day thereafter, to prepay Bonds due on or after February 1, 2031. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The City will also pledge revenues from the City water, sanitary sewer and storm sewer utilities. The proceeds will be used to finance the 2023 Street Reconstruction and Utility Projects as outlined in the City’s 10-year Capital Improvement Plan and 5-year Street Reconstruction Plan. TYPE OF PROPOSALS Proposals shall be for not less than $5,574,437.50 (98.75%) and accrued interest on the total principal amount of the Bonds. The apparent low-bidder as notified by David Drown Associates, Inc. shall wire, to a designated account, a good faith amount of $112,900 by 3:00 P.M., Central Time on the date of sale. If the Exhibit A - 2 good faith wire transfer is not in process prior to the award, the City shall retain the right to reject the bid. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The proposals will be evaluated on the basis of the lowest interest rate to be determined on a net interest cost (NIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, reject all proposals without cause, and reject any proposal, which the City determines to have failed to comply with the terms herein. ISSUE PRICE DETERMINATION In order to provide the City with information necessary for compliance with Section 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder (collectively, the “Code”), the Purchaser will be required to assist the City in establishing the issue price of the Bonds and shall complete, execute, and deliver to the City prior to the closing date, a written certification in a form acceptable to the Purchaser, the City, and Bond Counsel (the “Issue Price Certificate”) containing the following for each maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity): (i) the interest rate; (ii) the reasonably expected initial offering price to the “public” (as said term is defined in Treasury Regulation Section 1.148-1(f) (the “Regulation”)) or the sale price; and (iii) pricing wires or equivalent communications supporting such offering or sale price. However, such Issue Price Certificate may indicate that the Purchaser has purchased the Bonds for its own account in a capacity other than as an underwriter or wholesaler, and currently has no intent to reoffer the Bonds for sale to the public. Any action to be taken or documentation to be received by the City pursuant hereto may be taken or received on behalf of the City by David Drown Associates, Inc. The City intends that the sale of the Bonds pursuant to this Terms of Offering shall constitute a “competitive sale” as defined in the Regulation based on the following: i. the City shall cause this Terms of Offering to be disseminated to potential bidders in a manner that is reasonably designed to reach potential bidders; ii. all bidders shall have an equal opportunity to submit a bid; iii. the City reasonably expects that it will receive bids from at least three bidders that have established industry reputations for underwriting municipal bonds such as the Bonds; and iv. the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal with the lowest net interest cost, as set forth in this Terms of Offering (See “AWARD” herein). Any bid submitted pursuant to this Terms of Offering shall be considered a firm offer for the purchase of the Bonds, as specified in the proposal. The Purchaser shall constitute an “underwriter” as said term is defined in the Regulation. By submitting its proposal, the Purchaser confirms that it shall require any agreement among underwriters, a selling group agreement, or other agreement to which it is a party relating to the initial sale of the Bonds, to include provisions requiring compliance with the provisions of the Code and the Regulation regarding the initial sale of the Bonds. If all requirements of a “competitive sale” are not satisfied, the City shall advise the Purchaser of such fact prior to the time of award of the sale of the Bonds to the Purchaser. In such event, any proposal submitted will not be subject to cancellation or withdrawal. Within twenty-four (24) hours of the notice of award of the sale of the Bonds, the Purchaser shall advise the City and David Drown Associates, Inc. if Exhibit A - 3 a “substantial amount” (as defined in the Regulation) of any maturity of the Bonds (and, if different interest rates apply within a maturity, to each separate CUSIP number within that maturity) has been sold to the public and the price at which such substantial amount was sold. The City will treat such sale price as the “issue price” for such maturity, applied on a maturity-by-maturity basis. The City will not require the Purchaser to comply with that portion of the Regulation commonly described as the “hold-the-offering-price” requirement for the remaining maturities, but the Purchaser may elect such option. If the Purchaser exercises such option, the City will apply the initial offering price to the public provided in the proposal as the issue price for such maturities. If the Purchaser does not exercise that option, it shall thereafter promptly provide the City and David Drown Associates, Inc. the prices at which a substantial amount of such maturities are sold to the public; provided such determination shall be made and the City and David Drown Associates, Inc. notified of such prices not later than three (3) business days prior to the closing date. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The purchaser shall pay the CUSIP Service Bureau charge for the assignment of CUSIP identification numbers. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of bond counsel, and of customary closing papers, including a no- litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. FULL CONTINUING DISCLOSURE On the date of the actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking where under the City will covenant to provide, or cause to be provided annual financial information, including audited financial statements of the City, and notices of certain material events, as specified in and required by SEC Rule 15c2-12(b)(5). A description of the City’s undertaking is set forth in the Official Statement. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, David Drown Associates, Inc., 5029 Upton Avenue South, Minneapolis, Minnesota 55410, and Exhibit A - 4 telephone (612) 920-3320. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 25 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 22, 2023 BY ORDER OF THE CITY COUNCIL /s/ Marc Nevinski City Administrator Exhibit A - 5 Item 8B City Council Meeting Item Title/Subject: Approve Contract with DDA Human Resources, Inc. for Compensation Study Meeting Date: May 22, 2023 Prepared by: Marc Nevinski, City Administrator Reviewed by: Sandie Thone, City Clerk/Human Resources Director Attachments: Professional Services Contract and Proposal Background At the retreat in February, the Council discussed completing a full compensation study to ensure the City’s compensation structure is competitive in the current market. Council asked staff to look at the City of Minnetrista’s recent market study and report back in a work session before considering issuing a request for proposals. However, due to time limitations for work sessions, the discussion that occurred at the retreat, and the desire to collect data in preparation for the 2024 budget, staff has opted to place this matter on a regular Council meeting agenda. Staff reached out to three firms to obtain quotes to complete a compensation study for the City. Two proposals were received. Staff recommends entering into a contract with DDA Human Resources, Inc. based on price, in-person availability, and the flexibility in the scope of work, which is proposed to include the following components:  Market Analysis – collection of data from comparable organizations with similar positions.  Pay Grid Calibration – review current structure and recommend adjustments or a replacement of the current grid. This level of information will help the Council establish its pay philosophy relative to the market, help avoid wage compression, and ensure compliance with State pay equity requirements. Shorewood will be benchmarked against similar communities, and final recommendations, including policies and guidelines will be presented to the Council. The scope of work proposed to be included in the contract does not include more in-depth work such as position analysis questionnaires (PAQs), job description re-writes, or budgetary implementation scenarios. Nor does the proposal include annual on-going maintenance. However, these services are available from DDA if needed or desired as either a lump sum fee or hourly service following completion of the initial components. Tessia Melvin from DDA Human Resources, Inc. will be available at the meeting for questions. 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 Financial Considerations The cost for the market analysis ($5150) and pay grid calibration ($2500) is $7650. This work is unbudgeted and would be funded from reserves. Action Requested Motion to approve the attached contract with DDA Human Resources, Inc. to complete a compensation study. A simple majority vote is required. PROFESSIONAL SERVICES AGREEMENT FOR Classification and Compensation Services THIS AGREEMENT is made this May 22, 2023 (“Effective Date”) by and between DDA Human Resources, Inc. a Minnesota limited liability company with its principal office located at 3620 Northhome Avenue, Wayzata, MN 55391 (“Contractor”), and the City of Shorewood, Minnesota, a Minnesota municipal corporation located at 5755 Country Club Road, Shorewood, MN 55331 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional classification and compensation analysis services. B. The City desires to hire Contractor to complete a compensation market analysis and pay structure calibration, and if needed, additional services relating to implementation and support. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1. Services. Contractor agrees to provide the City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. The Services shall be completed on or before August 31, 2023, provided that the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Contractor for the Services according to the terms on the attached hereto as Exhibit A. The consideration shall be for both the Services performed by Contractor and any expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty (35) days after Contractor’s statements are submitted. 4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: A. The parties, by mutual written agreement, may terminate this Agreement at any time; 1 225405v1 B. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; C. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or D. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Insurance Requirements. The Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: A. General Liability. The Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured. B. Automobile Liability. If the Contractor operates a motor vehicle in performing the Services under this Agreement, the Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit. C. Workers’ Compensation. The Contractor agrees to provide workers’ compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also carry employers liability coverage with minimum limits are as follows: 2 225405v1  $500,000 – Bodily Injury by Disease per employee  $500,000 – Bodily Injury by Disease aggregate  $500,000 – Bodily Injury by Accident The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. D. Professional (Errors and Omissions) Liability Insurance. \[Only required for professional services provided by accountants, attorneys, engineers, etc.\] The Contractor will maintain professional liability insurance for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under this Agreement. The Contractor is required to carry the following minimum limits: $1,000,000 per occurrence; $2,000,000 annual aggregate. The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement, and the Contractor shall maintain such insurance for a period of at least three (3) years following completion of the Services. If such insurance is discontinued, extended reporting period coverage must be obtained by the Contractor to fulfill this requirement. 11. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 12. Indemnification. To the fullest extent permitted by law, the Contractor agrees to defend, indemnify, and hold harmless the City and its employees, officials, and agents from and against all claims, actions, damages, losses, and expenses, including reasonable attorney fees, arising out of the Contractor’s negligence or the Contractor’s performance or failure to perform its obligations under this Agreement. The Contractor’s indemnification obligation shall apply to the Contractor’s subcontractor(s), or anyone directly or indirectly employed or hired by the Contractor, or anyone for whose acts the 3 225405v1 Contractor may be liable. The Contractor agrees this indemnity obligation shall survive the completion or termination of this Agreement. 13. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 18. Agreement Not Exclusive. The City retains the right to hire other professional consultant service providers for this or other matters, in the City’s sole discretion. 19. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 20. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate 4 225405v1 termination of this Agreement. Consultant agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 21. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is the City Administrator of the City, or designee. Consultant’s authorized agent for purposes of administration of this contract is Tessia Melvin, or designee who shall perform or supervise the performance of all Services. 22. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Consultant The City DDA Human Resources, Inc. Marc Nevinski, City Administrator Tessia Melvin 5755 Country Club Road 3620 Northhome Avenue Shorewood, MN 55331 Wayzata, MN 55391 mnevinski@gmail.com Tessia@daviddrown.com 952-960-7905 or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 29. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 30. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute 5 225405v1 one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 31. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. \[Remainder of page left blank intentionally. Signature page follows.\] 6 225405v1 IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. DDA Human Resources, Inc. City of Shorewood: By: _________________________________ By: _________________________________ Jennifer Labadie, Mayor Name: ______________________________ Title: _______________________________ By: _________________________________ Sandie Thone, City Clerk 7 225405v1 EXHIBIT A SCOPE OF SERVICES & FEE SCHEDULE Proposal to the City of Shorewood from DDA Human Resources, Inc. dated February 22, 2023 Options 1 and 2 outlined in proposal, with additional services as described within the proposal if needed. 225405v1 Item 8C City Council Meeting Item Title/Subject: Accept Resignation of Councilmember Patrick Johnson and Declare a City Council Vacancy Meeting Date: May 22, 2023 Prepared by: Marc Nevinski, City Administrator Attachments: Resignation Letter Resolution Background Councilmember Johnson has submitted his written resignation from the City Council effective May 17, 2023. The following summarized statutes provide guidance in accepting a resignation and establishing a vacancy. A proposed schedule to fill the vacancy is also provided below. Minnesota Statutes 351.01 provides the following: 1) Resignations shall be made in writing by the resigning officer, and 2) a resignation is effective when it is received by the…board authorized to received it. Minnesota Statutes 412.02, Subd 2a. Vacancy: A vacancy in an office should be filled by council appointment until an election is held. In the case of a tie vote, the mayor shall make the appointment. A special election is required if the vacancy occurs before the first day to file for candidacy for the next regular city election AND more than two years remain in the unexpired term. If a vacancy occurs after the first day to file for candidacy for the regular city election OR when less than two years remain in the unexpired term, a special election is not needed. Councilmember Johnson’s term expires in December of 2024; there are less than two years remaining in the term. Therefore, a special election is not required, and the Council should appoint someone to fill the vacancy. Staff proposes the following schedule to fill the vacancy, but Council should discuss if it wishes to establish a different process or schedule:  Notice to Accept Applications to Fill Council Vacancy May 23 – June 5 (14 Days)  Review Applications/Interview Candidates Week of June 12  Appointment at Regular Council Meeting June 26 Financial Considerations None Action Requested Motion to approve the attached resolution accepting the resignation of Councilmember Patrick Johnson and declaring a City Council vacancy. A simple majority vote is required. 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 May 17, 2023 City of Shorewood Staff, Council Members and Residents of Shorewood: It pains me to write this letter as it has been a great source of pride and service that I have served as a planning commissioner and City Council for the past 7 plus years. I am proud of what Shorewood has accomplished and know that Shorewood has a good future ahead. My ability to appropriately serve as a Council Member has been hampered by responsibilities outside of my publicly elected position and therefore it is only appropriate that I resign from the Council effective immediately. Thank you to the residents of Shorewood for allowing me to represent you and I look forward to future service opportunities either with a non-profit entity or as a commissioner when my schedule will allow me to adequately fulfill the duties of the role. Sincerely, Patrick Johnson RESOLUTION 23-055 A RESOLUTION ACCEPTING RESIGNATION AND DECLARING A VACANCY ON THE CITY COUNCIL WHEREAS, Shorewood City Council Member Patrick Johnson has submi?ed a le?er of resigna?on eﬀec?ve May 17, 2023, leaving a vacancy in the oﬃce for a term expiring January 2, 2024; and WHEREAS, it is necessary for the City Council to accept the resigna?on and declare a vacancy on the Council for the remainder of the unexpired term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, does hereby accept the resigna?on of Patrick Johnson from the City Council and declares a vacancy for the oﬃce of Council Member eﬀec?ve May 22, 2023 for the remainder of the term that expires January 2, 2024. nd Adopted this 22 day of May, 2023. Jennifer Labadie, Mayor ATTEST Sandie Thone, City Clerk