Loading...
09-11-23 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 11, 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___ Callies___ Maddy___ Sanschagrin___ Zerby___ 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 August 28, 2023 Minutes B. City Council Regular Meeting Minutes of August 28, 2023 Minutes C. Approval of the Verified Claims List Claims List D. Approve Donation for 2023 Oktoberfest Parks/Rec Director Memo Resolution 23-093 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 CITY COUNCIL REGULAR MEETING AGENDA Page 2 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 5. PARKS A. Approve Independent Recreation Contractor Agreement with Parks/Rec Director Memo Bach to Rock B. Approve Independent Recreation Contractor Agreement with Parks/Rec Director Memo Snapology 6. PLANNING A. Comprehensive Plan Amendment for Lake Park Villas Resolution 23-094 Location: 24250 Smithtown Road Applicant: City of Shorewood 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Compensation Study City Clerk/HR Director Memo Presentation by Dr. Tessa Melvin, David Drown Associates Resolution 23-095 9. STAFF AND COUNCIL REPORTS A. Staff B. Mayor and City Council 10. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, AUGUST 28, 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, Sanschagrin, and Zerby; City Attorney Koch; City Administrator Nevinski; Parks and Recreation Director Crossfield; and Planning Director Darling Absent: Councilmember Maddy B. Review Agenda Zerby moved, Sanschagrin seconded, approving the agenda as presented. Motion passed 4/0. 2. SMOKING IN PUBLIC SPACES City Administrator Nevinski noted that this agenda item is about traditional smoking with tobacco products, but also the new cannabis legalization. He stated that this is something that was pointed out by the League of Minnesota Cities that the law is silent on whether or not cannabis use in public, such as parks, is an allowable use. He noted that many cities have smoking bans in parks, but Shorewood does not have that in place. He explained that some cities have gone the route of prohibiting all cannabis use in public, for example, Excelsior. He stated that he also believes that Tonka Bay and Greenwood are considering similar ordinances. He shared examples from other cities and what they have done about use in public spaces. He stated that staff is looking for input from the Council on whether or not they want to prohibit the use of cannabis in public places or if they want to include smoking, in general, in those rules. He stated that he feels it is important for the Council to keep in mind that the SLMPD will be asked to enforce whatever decision that they come to. He introduced Leah Koch and Campbell Knutson, who was filling in for City Attorney Shepherd tonight. Mayor Labadie noted that staff had included the ordinance passed by Excelsior in their packet and asked what the vote was on that item. City Administrator Nevinski stated that he did not know the exact vote tally. Mayor Labadie noted that she is the liaison to the SLMPD and noted that Chief Tholen has stated numerous times that an ordinance or something his department is expected to enforce, is easier if all four of the cities have identical or similar language. She gave the example of all four cities having different language surrounding dogs running at large which makes it difficult for the officers. She stated that the language in the proposed ordinance is similar to Excelsior, but not CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 2 of 6 identical, but noted that Shorewood’s language matches the State Statute. She asked City Attorney Koch to weigh in on that point. City Attorney Koch stated that within the State Statute it allows for local municipalities to establish this as a petty misdemeanor for public consumption and explained that the only limitation is that it excludes one, two, and three. She referenced language used in Excelsior’s ordinance and noted that she preferred the proposed version for Shorewood because it is more enforceable and defined. Mayor Labadie stated that one thing that concerns her is whether the Council would be passing this with the intent that the police will ticket someone and enforce it or if it was being done as ‘lip service’. She stated that she feels all four member cities are very different with relation to their public spaces. Councilmember Zerby stated that he would like to know ‘why’ the City is doing this and noted that if the reason was that they do not want people getting high in the parks, this would not preclude edibles. He stated that if the ‘why’ was the smoke part of it and that people do not like the smell of it, then he feels it should extend to tobacco products also. He stated that he would also like to know about use while driving and noted that as he reads the proposed language, people would not be able to smoke in their car because they would be on a public road that is government controlled. He explained that he did not see any harm in allowing somebody to smoke in their car. He stated that he shared Mayor Labadie’s concern about enforcement but noted that he felt the City should have some controls in place. City Attorney Koch noted that regarding use in vehicles according to the State Statute, it is a crime to possess cannabis products in a motor vehicle. She stated that you cannot use it or possess it unless it is in a closed package, similar to alcohol. Councilmember Sanschagrin asked if people were currently allowed to smoke right next to the players that may be on the fields. Mayor Labadie confirmed that as of right now there are no restrictions on smoking in the parks. Councilmember Sanschagrin explained that he was for freedom, in general, but in a situation where there is secondhand smoke, it creates issues with people being able to have clean air. He stated that he would be in favor of at least restricting it somewhat and suggested that perhaps there are set places within the parks where people could be allowed to smoke that would be away from where children will be located. Councilmember Callies stated that she agreed with most of his comments but was not sure how she felt about having a designated smoking place. She stated that she felt that the City should also regulate tobacco if they are going to be doing it for other products. She noted that she also had concerns about the enforceability but noted that this is a petty misdemeanor and did not want the City to try to turn it into a felony type issue and use it as a reason to stop citizens. Mayor Labadie stated that she thinks about the large-scale baseball events at Freeman South where it is signed and marked ‘No Parking’ and people still park all over. She stated that then residents begin calling the police who then go out and write tickets and then the Monday after those tournaments, she gets inundated with calls from people who were unhappy. She stated CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 3 of 6 that she knows that it has often led to times where people are berating the officers. She stated that if this is a petty misdemeanor she wonders if the City would really enforce it and at what level. Councilmember Zerby stated that he feels this ordinance, as written, would also ban use on sidewalks and streets. City Attorney Koch stated that was correct and explained that some cities had taken a two-fold approach where they regulate parks one way but have a lower standard for other public spaces. She noted that some cities have specified parks alone and have not touched other public spaces. Councilmember Zerby explained that he keeps thinking of cul-de-sac parties and neighbors sitting together in their lawn chairs wanting to smoke or have a drink, and with this, that would not be allowed. Councilmember Callies suggested that it may make sense to add beverage restrictions within the parks. Mayor Labadie noted that she thought the City already had restrictions in place for beverages and believed that it is only legally allowed in Badger Park if the event has applied for a permit. Councilmember Callies asked how it came about that the City did not regulate tobacco use within the parks. Councilmember Zerby knows that they have discussed it before but Council never took any action. Mayor Labadie noted that she feels it was because the City does not hold many events throughout the year. Councilmember Callies stated that may be true, but people go to the parks all the time. Councilmember Zerby noted that he smokes cigars and does not smoke them next to people in the parks and explained that he will find a corner somewhere if he wants to have one. He stated that he does not push the smoke onto other people and believes that is true for most smokers and has not seen it as a problem. He stated that he feels most tobacco users are considerate and has not seen it be a big problem. Councilmember Callies asked if that meant he felt regulation was not necessary. She stated that could be another view on this being something that a solution looking for a problem. Mayor Labadie referenced signs that you frequently see walking into buildings that say things like ‘Guns are banned here’ and asked if this could be something that the City bans for those large scale events, such as tournaments. City Attorney Koch stated that they could but it would be best if there was some type of policy on the books. She noted that the problem would be that by having a policy and not an ordinance, they would not have the option for it to be a petty misdemeanor. Councilmember Zerby asked about the difference between a rule and a policy and what would happen if the City put a sign out in the park. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 4 of 6 City Attorney Koch explained that at a baseline they would simply communicating an expectation which may be enough for some people. She noted that they also could possibly escalate it to trespassing and prohibit them from the City’s property. She explained that a petty misdemeanor is easier for officers to understand and apply, if needed. She stated that a petty misdemeanor is not technically a crime but the idea would be that it serves as a deterrent. Councilmember Sanschagrin asked if there had been any complaints about smoking in the parks. Planning Director Darling noted that she is not certain that they would have come to her, but explained that she had not seen any in the last six years. City Administrator Nevinski stated that he had also not heard any complaints about smoking in the parks. Park and Recreation Director Crossfield stated that she had not heard any complaints and noted that she had only seen it done once. Mayor Labadie asked if the Council had anyone reach out to them on this topic since it was noticed to be on the agenda. She explained that she had three people reach out to her in support of some sort of ordinance banning this activity and nobody had reached out that was against it. Councilmember Sanschagrin stated that he had also had a few people contact him that were in support of a ban. Councilmember Callies stated that she had people contact her about the change in the law, but not specifically about this proposed ordinance. She stated that people have commented that they were concerned about the odor if it is allowed in the parks. She reiterated her earlier comment questioning whether this was really a problem. Councilmember Sanschagrin questioned whether another option may be to hold off doing anything and wait and see if it becomes a problem before they put anything into place. Councilmember Callies agreed and stated that if there is not a problem she questioned why the City needed to establish this ordinance. She stated that if it is a problem, this is an action the City can take at any time and noted that it can happen relatively quickly. Mayor Labadie read aloud some of the phrases that concerned her regarding ‘hemp derived’, ‘cannabis flour’, and ‘low potency hemp edibles’ because she thinks it will be very difficult for officers to know what people are having. Councilmember Zerby agreed and noted that he did not believe the City and the officers were checking everyone’s tumblers and red Solo cups for alcohol. Mayor Labadie stated that she does not want these products in the parks, but there are so many aspects to drafting something that is enforceable. She stated that it also comes back to a point made by Councilmember Zerby about ‘why’ the City would be doing this and the idea raised by others on simply waiting to see if it becomes a problem. Councilmember Zerby noted that he feels Excelsior has a different situation than Shorewood, so he understands why they took the stance that they did. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 5 of 6 Mayor Labadie agreed and noted that she felt that the people coming to the City’s parks are coming for a specific purpose and not simply a hang-out spot, like the parks are in Excelsior. Councilmember Callies stated that she felt that there was reason to be concerned about this as a new product that are intoxicants, so it does feel like there should be some regulation but noted that right now, she feels they should wait and see if it is actually a problem. Councilmember Zerby noted that the Park Commission had discussed this topic and also had mixed feelings about it. He stated that they had a good discussion, but there was not a real consensus or direction at the end of the night. Park and Recreation Director Crossfield stated that the Park Commission had discussed it last week and feels their only ‘mild’ consensus was that it should not be a complete ban and wanted it to be allowed in some spaces. She stated that they wanted there to be a designated area within the park and possibly also allowed on the trails, sidewalks, and parking lots, but not near children. Councilmember Callies stated that she has worked in other cities that have large baseball organizations and they sell beer at the parks but noted that would also be a different situation than what they have in Shorewood. Mayor Labadie stated that she has been very vocal in the past about not allowing alcohol in the parks and is proud that they do not allow it, but allowing an event to obtain a permit is a fair option. She explained that she feels it is important for people to be able to come and enjoy the parks with their families. She stated that, in theory, she would like to do the same thing with this regulation, but at the moment is concerned about the reality of its enforceability and possibly putting the officers in a very tough position. She stated that the Council did not need to take action tonight but she thinks it was good that they at least started the discussion on this topic. She suggested that they could asked Chief Tholen to come in and give them his perspective or they could also let it sit, as is, for six months and see what happens. City Administrator Nevinski stated that there are a lot of unknowns surrounding cannabis right now. He stated that he suspects with the creation of the Office of Cannabis Management they will be waiting about a year before they start to see some guidance coming out of that office. He stated that his overall message for the Council is that things are going to continue to change and evolve because there is a lot that they do not know. Councilmember Sanschagrin stated that he thinks the ‘why’ question is important, for example they do not want those kinds of beverages because they do not want intoxicated people at the parks and this potentially creates the same issue with cannabis use. He stated that if they see it as a problem with intoxication, then they should align it with the beverage restrictions, but if it an issue related to second hand smoke, they do not know if that will be a problem or not. Councilmember Callies stated that she agreed and did not see this as an emergency where something needed to be done right now. She stated that she also was not sure it would be very productive to have the Chief come in and talk about this with the Council nor did she feel that six months would be enough time to truly be able to examine this issue. Mayor Labadie explained that she had just thrown out six months as an example. She noted that one other thing that makes her a bit hesitant is that Shorewood was the first City in the State that CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 6 of 6 enacted bee friendly language in their policies and every city that followed modified their language to make it less restrictive and ultimately, Shorewood ended up finding out that their language needed tweaking. She stated that there were not many cities who have taken a stance on this issue and explained that having gone through this process with the bee friendly language, it makes her leery. Councilmember Zerby stated that he agreed and would be in favor of giving this more time. He noted that he would not be in favor of a City-wide ban, but could be in favor of a park ban of some sort. He stated that he feels it may be a better idea to plug this substance into the section of the ordinance that speaks to alcohol and add it to the list of substances that cannot be used in the parks. Mayor Labadie outlined what she felt was the consensus of the Council: to schedule a discussion at a future work session, if a problem arises otherwise, if nothing has arisen then they just plan to take another look at this in approximately one year. 3. ADJOURN Sanschagrin moved, Callies seconded, Adjourning the City Council Work Session Meeting of August 28, 2023, at 6:44 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, AUGUST 28, 2023, 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:01 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Callies, Sanschagrin, and Zerby; City Attorney Koch; City Administrator Nevinski; Planning Director Darling; Director of Public Works Morreim; Park and Recreation Director Crossfield; and City Engineer Budde Absent: Councilmember Maddy C. Review Agenda Sanschagrin moved, Callies seconded, approving the agenda as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Councilmember Callies asked about item 2.G. and what the job duties would be for the Shorewood Community and Event Center Attendant. Park and Recreation Director Crossfield explained that the attendant is the staff member who is on site during the evening and weekend rentals. She gave a brief description of their normal duties. Councilmember Callies asked if this position was more ‘on call’ and not regular hours. Park and Recreation Director Crossfield confirmed that this position would be scheduled as they were required by the rentals. Councilmember Callies asked about item 2.L. and asked for additional details about the cable provider references. City Administrator Nevinski explained that the City essentially has what he would refer to as a ‘long haul carrier’ that contracts directly with the City’s IT provider to ensure that there is connectivity. He stated that they are proposing switching as there have been numerous outages over the last few months. He noted that their contract with this specific carrier expires in October and explained that the City’s IT carrier believes that this will be a seamless transition. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 2 of 11 Councilmember Sanschagrin referenced item 2.H. regarding the Deer Management program. He noted that what he had found out from discussion on this item is that the areas depicted on the map in blue are areas where hunters ‘can’ go, but not that they necessarily ‘will’ go into those areas. City Administrative Nevinski stated that was correct and explained that the areas depicted in blue are areas where the City has received some sort of right-of-entry. He noted that the hunters will gather together and then pick their locations from those available areas. He explained that there are seventeen parcels designated but the hunters may only go to ten of those properties. Councilmember Zerby stated that years ago the DNR provided the City with infrared images of where the deer herds were and asked if the City was still receiving that information. Planning Director Darling stated that she did not believe the City had received that information this past year but noted that they have in all previous years. She stated that she believes this is something that the City should continue with because it helps them know if the program is effective or not. Councilmember Callies asked how someone could get on the schedule for the deer management hunt. Planning Director Darling explained that only ‘sharp shooters’ are allowed. Councilmember Callies asked how someone could get their property included. Planning Director Darling stated that if they are interested, they can just notify City staff and they will arrange the legal agreements that are necessary. City Administrator Nevinski clarified that they are referring to bow hunting even when they use the term ‘sharpshooter’. Councilmember Zerby noted a typographical error in item 2.G. Zerby moved, Sanschagrin seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of August 14, 2023 B. City Council Regular Meeting Minutes of August 14, 2023 C. Approval of the Verified Claims List D. Approve Permanent Appointment of Chris Pratley, Public Works Light Equipment Operation E. Accept Improvements and Approve Final Payment for Covington Watermain Improvements, City Project 21-08, Adopting RESOLUTION NO. 23-084, “A Resolution Accepting Final Improvements and Authorizing Final Payment for the Covington Watermain Improvement Project; City Project 21-07.” CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 3 of 11 F. Accept Improvements and Approve Final Payment for 2022 Lift Station Rehabilitation, City Project 21-08, Adopting RESOLUTION NO. 23-085, “A Resolution Accepting Final Improvements and Authorizing Final Payment for Lift Stations 7, 9, and 10 Rehabilitation Project; City Projects 20-12 and 21-08.” G. Approve Hire of Shorewood Community and Event Center Attendant H. Approve Deer Management Agreement I. Approve Forte Payment Processing Agreement J. Setting the Truth-in-Taxation Public Meeting Date, Adopting RESOLUTION NO. 23-086. “A Resolution Selecting the 2023 Truth-in-Taxation Public Meeting Date.” K. Approve Concessions Agreement Fall 2023 L. Approve Extension of IT Services Contract with Warner Connect M. Accept Quote and Award Contract for Drainage and Utility Improvements, City Project 23-05, Adopting RESOLUTION NO. 23-087, “A Resolution Awarding Contract for the 2023 Drainage and Utility Improvement Project; City Project 23-05.” N. Adopt Amended South Lake Minnetonka Police Department Joint Powers Agreement, Adopting RESOLUTION NO. 23-088, “A Resolution Approving a Revised Joint Powers Agreement Governing the South Lake Minnetonka Police Department.” Motion passed. 3. MATTERS FROM THE FLOOR 4. REPORTS AND PRESENTATIONS 5. PARKS A. Report by Commissioner Wenner on July 25, 2023, and August 22, 2023, Park Commission Meetings Parks Commissioner Wenner gave an overview of the Park Commission meetings from July and August, as outlined in the minutes. B. Authorize Municipal Consent for Mill Street Trail Corridor Planning Director Darling gave an overview of the planning for the Mill Street Trail Corridor. She noted that the County has held a series of public events to garner engagement with residents on CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 4 of 11 the proposed plans. She introduced Luke Sandstrom, Project Manager from Hennepin County to summarize the project and the feedback they had received from the public engagement. Luke Sandstrom, Hennepin County, gave an overview of the proposed project location, feasibility reports, public engagement activities and responses. He explained that the majority of the responses supported Option Two as the preferred layout. He noted that they recently found out that MnDOT has identified the bridge over Highway 7 for replacement in 2029. He stated that he is hopeful that they will be able to work with the MnDOT when they begin their plans in order to widen the bridge to include the trail through this area so there is not a bottleneck and possibly create a direct connection to the Lake Minnetonka Regional Trail. He explained that before this project is completed by MnDOT they will plan to have flashing lights that people can push in order to cross safely. He reviewed the project schedule and noted that construction is slated to begin in the summer of 2025. He noted that the City of Excelsior plans to support Option One and noted that if Shorewood supports the preferred Option Two, then there will be a transition point between the two types of trails. He explained that in the next few months they are planning to pursue some grant options and noted that any they receive will be split evenly with the cities. Mayor Labadie stated that she and Councilmember Zerby attended the Park Commission meeting last week where two residents spoke who lived next to each other. She noted that one neighbor was in favor of Option One and the other was in favor of Option Two. She asked Mr. Sandstrom if he felt either of the options had better chances at receiving grant money. Mr. Sandstrom explained that the only difference in the options were the bikeable shoulders which he did not believe was a ‘make or break’ part of the criteria for grant funding so they should not be excluded from grant consideration for either option. Councilmember Sanschagrin asked if there was a significant cost difference between the two options. Mr. Sandstrom stated that there was not a cost difference to the City and explained that typically the cost participation is roughly fifty-fifty and is done by item. He stated that things like the pavement replacement would be completely the responsibility of the County. He noted that he believed the estimated cost difference for the City, at this point, is only about five percent. Councilmember Sanschagrin asked if they would need to acquire any easements. Mr. Sandstrom stated that when the County does projects like this, they acquire the land needed through a trail and sidewalk easement and not fee titles. He explained that this meant that no property lines or setbacks would be changing. He stated that this easement allows them to construct the trail and also for the City to plow and maintain it in the future. He noted that Option One would have less easement impacts. Councilmember Zerby stated that he is over the moon excited that this project is moving forward. He stated that they had done a trail project on Smithtown Road where they widened the shoulders so they could put in bikeable path. He noted that it was supposed to be two feet on one side and four feet on the other, however once it was constructed it was much less than that because the measurements did not take the paint stripes into consideration. He asked if this proposed path would be four feet wide. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 5 of 11 Mr. Sandstrom explained that it is four feet centered on the paint so there would be three inches adjacent to the travel lane that would not be part of it. He pointed out that the four feet did not include the two feet of the gutter pan, so effectively, it will be six feet wide. Councilmember Zerby stated that he appreciated the consideration given for delivery vehicles and asked if there could ever be a consideration for an Option 1.5 and have the four-foot shoulder on the west side but leave it off of the east side. Mr. Sandstrom stated that approach could resolve come of the concerns but noted that there would still be mail delivery and it would also create a situation where the delivery drivers would have to physically cross the street with packages to make the deliveries which could bring additional safety concerns. Councilmember Callies stated that she feels this is a great project and is glad to see that they are coordinating and looking ahead in order to make a direct connection to the regional trail when the bridge is replaced. She asked how difficult creating the transition points that will mesh the two designs will be. Mr. Sandstrom stated that if they know what is coming, like the bridge, they can ‘future proof’ themselves and design it in a way where there is not a lot of rework necessary. Councilmember Sanschagrin asked if there could be any opportunities to compromise anything based on the concerns that have been raised by the property owners regarding things like removal of their trees. Mr. Sandstrom stated that this is kind of a blanket assumption along the corridor at this point and believes there is some space where they can alternate the plans and cut a foot or two here and there. He noted that in some cases changing things by a foot or two will not alleviate some of the concerns but reiterated that there is some leeway. He stated that moving forward he will meet with each property owner and stake things off and look at things on a case-by-case basis in order to fit in what makes sense and see will ultimately work. Councilmember Callies noted that the Council had received a comment from a local resident questioning why the City did not have more trails and access to parts of the City. She noted that it comes down to a balance of the trails versus losing vegetation which she feels will also be part of this project in determining the balance for the future, between the existing trees and having the trails. Mr. Sandstrom noted that the County is fully committed to tree replacement and can work with homeowners for some type of green screening because a trail is going in. Councilmember Zerby stated that he thinks having this trail connection will be great and noted that he has had conversations with the Three Rivers District about the huge need for north/south trails because many of the trails are built on old railroad tracks which are mostly east/west. He reiterated that he thinks this is a wonderful project. Mayor Labadie stated that the fact that through their various outreach methods, they have connected with about eight hundred people. She noted that from this feedback it showed that about fifty-one percent of people were concerned about cyclist and pedestrian safety and asked if the County felt that Option Two was the safer option. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 6 of 11 Mr. Sandstrom confirmed that the County’s preferred and safer option was Option Two because there are multi-modes that will use Mill Street. Mayor Labadie asked for Council feedback on which option they preferred. Councilmember Zerby stated that Option Two makes a lot of sense to him especially because Mr. Sandstrom has stated that there is some leeway in some of the design choices to try to minimize some of the impacts to residents with regard to trees and landscaping. He noted that only fifteen percent of the design plans had been completed thus far. Councilmember Sanschagrin asked what would happen if the Council supported Option Two tonight but then got more data and details decided that Option One would actually be a better fit. He asked if the City would have the option to switch their choice later in the process. Mr. Sandstrom explained that the motion tonight is to determine what step will go forward to final design so they can fine tune the details. He noted that what he has done in the past is when they get to the thirty, sixty, and ninety percent points in the design process, he has come back to a Council meeting to present that information and give the option to make changes. He explained that ultimately, they would come back next year for approval before they go out for construction. Councilmember Sanschagrin asked at what point in the process will it be considered too late or cost prohibitive to change the plans. Mr. Sandstrom stated that typically when you get to the sixty or ninety percent point you do not want to be making too many changes and noted that they should get to that point in about May of 2024. Mayor Labadie stated that she also favors Option Two. Councilmember Callies stated that she agreed and noted that also the majority of the public input supported Option Two. Zerby moved, Callies seconded, Adopting RESOLUTION NO. 23-089, “A Resolution Supporting Hennepin County’s Preferred Layout (Option Two) for the Mill Street Pathway Project.” Motion passed. 6. PLANNING A. Report by Commissioner Eggenberger on August 1, 2023, Planning Commission Meeting Planning Commissioner Eggenberger gave a brief overview of the discussion and action taken at the August 1, 2023; Planning Commission meeting as outlined in the minutes. B. Approve Rezoning/Final Plat for Lake Park Villas PUD CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 7 of 11 Planning Director Darling gave an overview of the request by TSML Properties to rezone the property at 24250 Smithtown Road and for Final Plat for a development that contains seven lots for single and two-family dwellings. She explained that the development was also proposed on the adjacent parcel within Tonka Bay with four additional dwellings. She noted that after the applicant had submitted the original rezoning application, staff asked if they would withdraw it and resubmit it with Final stage plans which they agreed to do. She stated that the Council has seen the concept and development plans/Preliminary Plat but had not seen the rezoning request up to this point. She stated that the applicant would like to develop this property through a PUD so they would have flexibility and explained that a public hearing was held at the Planning Commission meeting. She stated that the applicant is requesting a private street within the subdivision, to reduce the lot area per unit, reduce setbacks, and increase impervious surface on the property. She shared specific design details that are being proposed and stated that staff and the Planning Commission recommended approval, with a vote of four in favor and one opposed. She explained that the Commissioner who had voted in opposition would prefer a more affordable housing option in this location. She noted that she had included the three letters that the City had received on this proposal within the packet. Councilmember Sanschagrin asked if Tonka Bay had approved the plans. Planning Director Darling stated that they had reviewed the plans last week and had voted for approval but was not sure of the vote details. Mayor Labadie asked if Tonka Bay’s approval was still waiting for approval from Met Council. Planning Director Darling stated that was for the Comprehensive Plan amendment that was approved previously. Councilmember Callies stated she felt the City had thoroughly reviewed this request on more than one occasion. She noted that she felt the rezoning was consistent with the plan and was in support of what is being proposed. Councilmember Zerby explained that he was still opposed to the design of the project, but because he understands the need for density, he will vote in favor of this action. Callies moved, Sanschagrin seconded, Approving ORDINANCE 601,” An Ordinance Amending Section 1201.09 Subd. 2 of the Shorewood Zoning Code – The Shorewood Zoning Map (Lake Park Villas PUD).” Motion passed. Callies moved, Sanschagrin seconded, Adopting the revised RESOLUTION NO. 23-090, “A Resolution Approving the Publication of a Summary of Ordinance 601 Regarding City Code Ordinance Amendments Related to Rezoning 24250 Smithtown Road from R-2A to PUD.” Motion passed. Sanschagrin moved, Callies seconded, Adopting RESOLUTION 23-092, “A Resolution Approving a Final Plat for Lake Park Villas for Property Located at 24250 Smithtown Road.” Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 8 of 11 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Approve Tobacco License: Shorewood Tobacco City Administrator Nevinski reviewed the request for a Tobacco License from Shorewood Tobacco. He stated that they have successfully completed the materials, paid the licensing fees, and passed their background check. Staff recommends approval. Zerby moved, Sanschagrin seconded, Adopting RESOLUTION NO. 23-091, “A Resolution Approving a License to Sell Tobacco Products in the City of Shorewood to Shorewood Tobacco, Inc.” Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff 1. Review and Update of West Side Drainage Study and Shorewood Lane Ravine City Engineer Budde explained that in 2019, the City had hired Barr Engineering to complete the West Side Drainage Study with the goal of developing comprehensive solutions to the issues and incorporating them into the City’s CIP. He reviewed the five projects that would be completed by the end of the year and outlined the remaining two projects, including costs, for Noble Road and Grant Lorenz Channel. He stated that one other part of this was the pond in the Ashland Woods development and after looking at various iterations, the City has provided a storm sewer stub to connect to trunk line in Strawberry Lane. He explained that the pond is the responsibility of the HOA, so this stub allows them to put in the drain tile in the future which will help solve their issues. He updated the Council on the Shorewood Lane Ravine project and stated that there is a large amount of erosion along the banks. He stated that staff has been working to find a solution that addresses the concerns from all sides and explained that the Watershed and the Army Corps of Engineers would like to see construction of some Gabion rock baskets that essentially builds retaining walls where necessary. He stated that this approach would add to the construction costs and explained that while staff is exploring possible outside funding sources it is unlikely that they will not be able to find enough to fill the $250,000 gap that they are projecting. Councilmember Sanschagrin asked if this ran over private property or if it was just on public land. City Engineer Budde explained that there was an existing twenty-foot-wide drainage easement, but the stream has meandered over time and gotten larger than twenty feet wide which means that portions of it run over private property. Councilmember Sanschagrin asked if the idea was this project would be completely funded by the City or whether the residents should be asked to chip in. He suggested that the Council discuss the possibility of assessing the residents for a portion of the costs. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 9 of 11 City Engineer Budde stated that could be an option but noted that the City has not really expressed that intent thus far in the process. Councilmember Callies stated that the staff report talked about several locations of the undercut slopes posed significant hazards and were causing standing trees to fall. She asked what was meant by ‘significant hazards. City Engineer Budde explained that some of the hazards were brought up from neighbors relating to kids playing in the area. He stated that most are a fair distance away from structures but feels it would really not be safe conditions if anyone was down there in the area. Councilmember Callies asked if something should be done in the meantime. City Engineer Budde stated that he did not know at what point it would become ‘too bad’ or an imminent threat to the public. He noted that they could try posting signs and putting up fencing but then it becomes something that staff has to maintain and if people want to get down there, they will. Other Parks and Recreation Director Crossfield reported that they had fifty-six rentals at the Shorewood Community and Event Center in August and noted that they already have fifty-four scheduled for September. Public Works Director Morreim noted that crews will be finishing up the sewer cleaning in the near future. He stated that they have also been working on getting the speed sensors up and running in two different locations. He distributed the data that they have gathered to the Council and gave a brief overview. He explained that they had put them up on Howard’s Point and Wedgewood and put another one up on Eureka this morning. He stated that they share this data with the Police Department so they can also evaluate it. Councilmember Zerby asked if he had more data that would show the times and noted that many times it ends up being the same person that is late for work. Public Works Director Morreim stated that he had taken a look at that along Wedgewood and would say that there are some potential trends and explained that this was why all the data was sent to the Police Department as well. He explained that the City was still in a drought warning situation and the City has been doing a fair amount of communication with regard to water restrictions. He stated that as of last week, the City’s water usage has not reduced, but the warm weather last week did not help. He stated that he feels the conversations with property owners and HOAs have been generally productive. Councilmember Sanschagrin asked if he had seen any issues with the quality coming out of the wells. Public Works Director Morreim stated that he was not seeing any issues at this time. He stated that there is no rain forecasted for at least a week and noted that if things continue to be this dry, their wells will get worse. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 10 of 11 Councilmember Callies noted that she had received three calls about this situation and asked if they had gotten feedback on whether that type of communication was working. Public Works Director Morreim explained that they had gotten a fair number of responses when they did the public alert and expressed his appreciation to City Hall staff for taking many of those calls. He stated that he believes people are aware that they are in a drought and understand the reasons for the request to reduce their usage. Councilmember Zerby asked if Public Works Director Morreim had used the street rating technology yet. Public Works Director Morreim stated that they are nearly complete but still have a bit on the east side and the islands yet to do. He noted that he definitely felt that the imagery will be helpful. He noted that he plans to give an update to the Council in September. City Engineer Budde stated that Birch Bluff continues to progress well, and street construction should begin later this week with completion at the end of September or early October. He noted that Strawberry Lane has a very similar schedule. City Administrator Nevinski asked staff to touch base with the Council on the Freeman Park Trails schedule. City Engineer Budde stated that project is scheduled to start the week of September 11, 2023, and explained that the City was just starting to push out some of the communication on this, because they just found out today. City Administrator Nevinski stated that the Special Election for County Commissioner LeTondresse’s seat will be held on April 9, 2024, and if a primary is needed it will be held on March 26, 2024. B. Mayor and City Council Councilmember Zerby noted that he had attended the Parks Commission meeting. Mayor Labadie stated that she will be in Faribault later this week attending a Minnesota Mayor’s Executive Committee meeting as part of their outreach efforts to bring meetings to mayors who are in outstate areas. She reminded everyone that September 5, 2023, is when school will start and kids and buses will be out in many areas and asked that residents have patience. She stated that she will hold her Coffee with the Mayor event at Shorewood Landings on Friday, September 1, 2023, and will be bringing a detective from the SLMPD to give a presentation about senior fraud/scams. She noted that on September 8, 2023, she will be attending the quarterly meeting with Representative Dean Phillips and encouraged staff and the Council to pass along any information that they would like her to bring up at this meeting. She explained that later that day there will be a Vietnam Veterans Commemoration event held in Maple Plain that many of those mayors will also be attending. 10. ADJOURN Zerby moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of August 28, 2023, at 8:32 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 28, 2023 Page 11 of 11 Motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2D Title/Subject: Resolution Accepting Donation for Oktoberfest Meeting Date: September 11, 2023 MEETING Prepared by: Janelle Crossfield, Parks and Recreation Director TYPE Reviewed by: Marc Nevinski, City Administrator Regular Attachments: Resolution Meeting Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and §471.17 all donations or gifts of real and personal property, including donations for the benefit of public recreational services, must be accepted by the city council. Background: Lake Fellowship Unitarian Universalists are providing volunteers and sponsoring Oktoberfest at the bronze level with a donation of $100. Name of Donor Amount/Item Lake Fellowship Unitarian Universalists $100 Financial Considerations: The donation will offset event expenses. Action Requested: Motion to approve the resolution accepting the donation as stated in the attached resolution. Motion, second and four affirmative votes 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 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-093 A RESOLUTION ACCEPTING DONATION TO THE CITY OF SHOREWOOD 2023 WHEREAS, the City of Shorewood is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of their public recreational services pursuant to Minnesota Statutes section 471.17; and WHEREAS, the following persons and entities have offered to contribute a donation as set forth below to the city: Name of Donor Amount/Item Lake Fellowship Unitarian Universalists $100 WHEREAS, the terms or conditions of the donations are to be used for the 2023 Oktoberfest event; and WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. The donations described above are accepted and shall be used to establish and/or operate services either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donor’s donation. Passed by the City Council of Shorewood, Minnesota this 11th day of September 2023. __________________________ Jennifer Labadie, Mayor ___________________________ Sandie Thone, City Clerk City Council Meeting Item Item Title/Subject: Contractor Agreement with MK Music DBA Bach to Rock 5A Meeting Date: Monday, September 11, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Mark Nevinski, City Administrator Attachments: Parks and Recreation Independent Contractor Agreement Background: Bach to Rock specializes in music lessons for kids, teens and adults. Instructors used a tried-and- true method to teach students to play the music they enjoy most allowing students to learn more quickly, have fun and gain confidence in their abilities. Staff is working with Bach to Rock to provide a small variety of programs for pre-k and ages 7-14. Programs will take place at the Bach to Rock School in Minnetonka just Northeast of Country Road 101 and Hwy 7. Approval of the agreement includes any future addenda executed between the contractor and Parks and Recreation Director through Spring of 2024. Addenda outlines program logistics such as location, dates, times, program fees and no class days, and program descriptions. Financial or Budget Considerations: There will be an 80/20 percent split of revenue. Action Requested: Motion to approve the independent contractor agreement with Bach to Rock. 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 City of Shorewood Independent Contractor Agreement Parties and terms This agreement is by and between the City of Shorewood (City) and MK Music DBA Bach to Rock (Contractor). This agreement is in effect from September 11, 2023 until August 31, 2024. Services to be performed The Contractor will perform the services outlined as an addendum to this agreement. By signing the addendum the contractor agrees to terms indicated including dates, times and payment agreement. Independent contractor This Agreement shall not render the Contractor an employee, partner, or agent of the City for any purpose. The Contractor is and will remain an independent Contractor in (his/her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employment benefits of any kind. The Contractor will be responsible for the hiring, training, supervision and conduct of any staff utilized in the above listed services. All staff, working directly with children, are subject to background checks. All background checks must be completed prior to the start of the above listed services. Proof that background checks are conducted by the Contractor must be provided to the City in the form of an official letter. *If the Contractor does not provide for background checks, the City will perform background checks for the Contractor and any staff utilized in the above listed services. Any service fees incurred for the background checks will be billed to the Contractor The Contractor will determine the method, details and means of performing the services outlined. Concussion Law The Contractor must be in compliance with the new Minnesota state law (Chapter 90 – SF 612/HF 905) that took effect September 1, 2011. This law sets into place policies and standards for educating youth athletes, parents, and coaches on the topic of head concussions. In accordance with the new law, the Contractor must provide information to all participating coaches, officials, youth athletes, and the athletes’ parents or guardians about the nature and risks of concussions. As well, all coaches and/or officials employed by the Contractor are required to receive online training on the nature and risks of concussions (www.cdc.gov/concussion). The training must be repeated every three years. Compensation The City will pay the Contractor a portion of the net program revenue (specified in the addendum). Upon the successful completion of the specified services, the Contractor shall bill the City for services provided. Business Expenses Any expenses incurred by the Contractor pursuant to providing the services, including but not limited to travel and phone expenses, are the sole responsibility of the Contractor. 3/21/2023 Page 1 of 4 Insurance The Contractor and its subcontractors shall secure, maintain and furnish the City with proof of the following insurance: a) Commercial General Liability insurance with limits of at least $1,000,000 per occurrence and at least $2,000,000 general aggregate. The City shall be named as an additional insured and be provided with a copy of the Certificate of Liability. b) Worker’s Compensation insurance. \[Required if employing staff\]. c) Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $500,000 per accident. \[Required if transporting participants\]. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. All policies of insurance shall provide that the insurance company will notify the City at least thirty (30) days prior to the effective date of any policy cancellation, modification or non-renewal prior to the date on which the Contractor or its consultants commences performance of its part of the work, evidence of coverage is to be provided to the City. The City may direct that copies of the actual insurance policies, or renewals or replacements thereof, be submitted to the City. Waiver The Contractor waives all its rights against the City for damages covered by property insurance. The Contractor shall require a similar waiver from all its consultants. The Contractor waives all of its rights of recovery against the City because of deductible clauses in, or inadequacy of limits in, any policies of insurance that are in any way related to the work and that are secured and maintained by the Contractor. The Contractor waives any of its rights of recovery against the City because of a lack of insurance coverage. The Contractor shall require similar waivers from all of its consultants. The Contractor shall waive all of its rights of recovery against the City for loss or damage to any of its equipment, machinery, tools or property that is used in connection with this Agreement. The Contractor shall require a similar waiver from all its consultants. Hold harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney’s fees, resulting directly or indirectly from an act or omission of the contractor, its employees, agents or employees of subcontractors, in the performance of this contract or by reason of the failure of the contractor to fully perform, in any respect, all of its obligations under this contract. Compliance with statutes The Contractor shall abide by all laws that govern the City and by the policies of the City, including but not limited to the Data Practices Act, records retention guidelines, non-discrimination and disability accommodation laws and guidelines. Data practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor will immediately report to the City any requests from third parties for information relating to this agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, department heads and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 3/21/2023 Page 2 of 4 Audits The Contractor agrees that the City, its Auditor or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this agreement. Applicable law The law of the State of Minnesota shall govern all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in and under those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. Termination, cancellation and default Either party to this agreement may terminate this agreement upon thirty (30) days written notice, except that if the Contractor fails to fulfill its obligations under this agreement in a proper and timely manner, or otherwise violates the terms of this agreement, the City shall have the right to immediately suspend the contracted services and to then terminate this agreement, if the Contractor has not cured the default upon written notice. *Note: if a contracted service fails to meet the required minimum number of participants set by the Contractor and the City, the service may be cancelled at no penalty to either the Contractor or the City. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this agreement by the Contractor. The City may, in such event, withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. Modification or amendment No amendment, change or modification of this Agreement shall be valid unless in writing and signed by the parties hereto. Entire understanding This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings and representations are hereby terminated and canceled in their entirety and are of no further force and effect. Unenforceability of provisions If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this agreement shall remain in full force and effect. In witness whereof the undersigned have executed this Agreement as of the day and year first written above; Services Provided by the Contractor It is understood that the Contractor is experienced and trained to provide the services listed in the addendum and that the City requires such services. Therefore, it is hereby agreed that the Contractor will provide the following services. 1. Supplies: Any necessary supplies will be supplied by the Contractor. 2. Equipment: Any necessary equipment will be supplied by the Contractor 3. American Disabilities Act (ADA): The city is mandated by law to provide reasonable accommodation for people with disabilities which include contracted recreation services. Contractors are expected to work with the City in order to provide for reasonable accommodations. 3/21/2023 Page 3 of 4 Services Provided by the City It is understood that the City will provide the following services to facilitate and support the contracted services listed above. 1. Promotion: The City will promote the above listed services in Shorewood publications and by any other means deemed necessary. 2. Facility Use: The City will provide and maintain an appropriate space for the activities and arrange for its use at no cost to the Contractor. 3. Registration/Refunds: The City will be responsible for participant registration and fee collection for the above listed services. Participant withdrawals – participant withdrawals made 7 days prior to the start of the above listed services will receive a full refund. After that time, no refunds will be provided except for withdrawals made due to illnesses/injury, with a doctor’s note, unless agreed upon by both the City and the Contractor. The City will not pay the contractor for refund requests granted due to unsatisfactory services provided by the Contractor. The City will be responsible for providing a class list to the Contractor, 1 week prior to the start date of the above listed services. All class lists will remain the property of the City (please see the Data practices section of the Contract Agreement). *Severe weather policy: in the event of severe weather, the City and the Contractor will make a determination on whether or not to cancel the above listed services for that day. If the above listed services are cancelled, a refund will be provided to the participants or a makeup date will be scheduled. If a refund is provided, contract fees will be adjusted accordingly. 4. ADA / Inclusion: The City will provide the Contractor with information on any participants with special needs and will work with the Contractor to make any necessary accommodations that are reasonable. Service Suspension and Cancelation 1. If a contracted service fails to meet the required minimum number of participants, the service will be cancelled at no penalty to either the Contractor or the City. 2. If at any time the actions of the Contractor and/or their staff compromise the physical, mental or emotional safety of a participant, the City shall have the right to immediately suspend services until the issue has been resolved or the contract terminated (see Termination and Default section of the Independent Contractor Agreement). Offsite Programs The contractor agrees to provide the City with a copy of Certificate of Liability for services offered off of city property. The City does not need to be listed as an additional insured. Service Addendum A service addendum will be sent each program catalog indicating service details including class schedule and pay arrangement. The Contractor agrees to review, sign and return the addendum before services are provided. City of Shorewood Contractor: By: Name of Contractor Its: ___________ Signed: 3/21/2023 Page 4 of 4 City Council Meeting Item Item Title/Subject: Contractor Agreement with Eezy Experience Education 5B DBA Snapology Meeting Date: Monday, September 11, 2023 Prepared by: Janelle Crossfield, Parks and Recreation Director Reviewed by: Mark Nevinski, City Administrator Attachments: Parks and Recreation Independent Contractor Agreement Contract Addendum Background: Snapology’s STEAM programs teach through building using LEGO® bricks, K’Nex and technology, making learning fun! The use an approach of actively designing, creating, interacting and inventing. Activities encourage social skills and teamwork while teaching science, technology, engineering, art, math and literacy concepts. Staff is coordinating with Snapology for caregiver and child programs as well as afterschool programs. Daytime programs will be held at Eddy’s station while afterschool programs will be held at the Shorewood Community and Event Center. Approval of the agreement includes any future addenda executed between the contractor and Parks and Recreation Director through Spring of 2024. Addenda outlines program logistics such as location, dates, times, program fees and no class days, and program descriptions. Financial or Budget Considerations: There will be an 80/20 percent split of revenue. Action Requested: Motion to approve the independent contractor agreement with Snapology. 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 City of Shorewood Independent Contractor Agreement Parties and terms This agreement is by and between the City of Shorewood (City) and Eezy Experience Education LLC DBA Snapology of Plymouth (Contractor). This agreement is in effect from September 11, 2023 until August 31, 2024. Services to be performed The Contractor will perform the services outlined as an addendum to this agreement. By signing the addendum, the contractor agrees to terms indicated including dates, times, and payment agreement. Independent contractor This Agreement shall not render the Contractor an employee, partner, or agent of the City for any purpose. The Contractor is and will remain an independent Contractor in (his/her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employment benefits of any kind. The Contractor will be responsible for the hiring, training, supervision and conduct of any staff utilized in the above listed services. All staff, working directly with children, are subject to background checks. All background checks must be completed prior to the start of the above listed services. Proof that background checks are conducted by the Contractor must be provided to the City in the form of an official letter. *If the Contractor does not provide for background checks, the City will perform background checks for the Contractor and any staff utilized in the above listed services. Any service fees incurred for the background checks will be billed to the Contractor The Contractor will determine the method, details and means of performing the services outlined. Concussion Law The Contractor must be in compliance with the new Minnesota state law (Chapter 90 – SF 612/HF 905) that took effect September 1, 2011. This law sets into place policies and standards for educating youth athletes, parents, and coaches on the topic of head concussions. In accordance with the new law, the Contractor must provide information to all participating coaches, officials, youth athletes, and the athletes’ parents or guardians about the nature and risks of concussions. As well, all coaches and/or officials employed by the Contractor are required to receive online training on the nature and risks of concussions (www.cdc.gov/concussion). The training must be repeated every three years. Compensation The City will pay the Contractor a portion of the net program revenue (specified in the addendum). Upon the successful completion of the specified services, the Contractor shall bill the City for services provided. Business Expenses Any expenses incurred by the Contractor pursuant to providing the services, including but not limited to travel and phone expenses, are the sole responsibility of the Contractor. 3/21/2023 Page 1 of 4 Insurance The Contractor and its subcontractors shall secure, maintain and furnish the City with proof of the following insurance: a) Commercial General Liability insurance with limits of at least $1,000,000 per occurrence and at least $2,000,000 general aggregate. The City shall be named as an additional insured and be provided with a copy of the Certificate of Liability. b) Worker’s Compensation insurance. \[Required if employing staff\]. c) Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $500,000 per accident. \[Required if transporting participants\]. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. All policies of insurance shall provide that the insurance company will notify the City at least thirty (30) days prior to the effective date of any policy cancellation, modification or non-renewal prior to the date on which the Contractor or its consultants commences performance of its part of the work, evidence of coverage is to be provided to the City. The City may direct that copies of the actual insurance policies, or renewals or replacements thereof, be submitted to the City. Waiver The Contractor waives all its rights against the City for damages covered by property insurance. The Contractor shall require a similar waiver from all its consultants. The Contractor waives all of its rights of recovery against the City because of deductible clauses in, or inadequacy of limits in, any policies of insurance that are in any way related to the work and that are secured and maintained by the Contractor. The Contractor waives any of its rights of recovery against the City because of a lack of insurance coverage. The Contractor shall require similar waivers from all of its consultants. The Contractor shall waive all of its rights of recovery against the City for loss or damage to any of its equipment, machinery, tools or property that is used in connection with this Agreement. The Contractor shall require a similar waiver from all its consultants. Hold harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney’s fees, resulting directly or indirectly from an act or omission of the contractor, its employees, agents or employees of subcontractors, in the performance of this contract or by reason of the failure of the contractor to fully perform, in any respect, all of its obligations under this contract. Compliance with statutes The Contractor shall abide by all laws that govern the City and by the policies of the City, including but not limited to the Data Practices Act, records retention guidelines, non-discrimination and disability accommodation laws and guidelines. Data practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor will immediately report to the City any requests from third parties for information relating to this agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, department heads and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 3/21/2023 Page 2 of 4 Audits The Contractor agrees that the City, its Auditor or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this agreement. Applicable law The law of the State of Minnesota shall govern all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in and under those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. Termination, cancellation and default Either party to this agreement may terminate this agreement upon thirty (30) days written notice, except that if the Contractor fails to fulfill its obligations under this agreement in a proper and timely manner, or otherwise violates the terms of this agreement, the City shall have the right to immediately suspend the contracted services and to then terminate this agreement, if the Contractor has not cured the default upon written notice. *Note: if a contracted service fails to meet the required minimum number of participants set by the Contractor and the City, the service may be cancelled at no penalty to either the Contractor or the City. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this agreement by the Contractor. The City may, in such event, withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. Modification or amendment No amendment, change or modification of this Agreement shall be valid unless in writing and signed by the parties hereto. Entire understanding This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings and representations are hereby terminated and canceled in their entirety and are of no further force and effect. Unenforceability of provisions If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this agreement shall remain in full force and effect. In witness whereof the undersigned have executed this Agreement as of the day and year first written above; Services Provided by the Contractor It is understood that the Contractor is experienced and trained to provide the services listed in the addendum and that the City requires such services. Therefore, it is hereby agreed that the Contractor will provide the following services. 1. Supplies: Any necessary supplies will be supplied by the Contractor. 2. Equipment: Any necessary equipment will be supplied by the Contractor 3. American Disabilities Act (ADA): The city is mandated by law to provide reasonable accommodation for people with disabilities which include contracted recreation services. Contractors are expected to work with the City in order to provide for reasonable accommodations. 3/21/2023 Page 3 of 4 Services Provided by the City It is understood that the City will provide the following services to facilitate and support the contracted services listed above. 1. Promotion: The City will promote the above listed services in Shorewood publications and by any other means deemed necessary. 2. Facility Use: The City will provide and maintain an appropriate space for the activities and arrange for its use at no cost to the Contractor. 3. Registration/Refunds: The City will be responsible for participant registration and fee collection for the above listed services. Participant withdrawals – participant withdrawals made 7 days prior to the start of the above listed services will receive a full refund. After that time, no refunds will be provided except for withdrawals made due to illnesses/injury, with a doctor’s note, unless agreed upon by both the City and the Contractor. The City will not pay the contractor for refund requests granted due to unsatisfactory services provided by the Contractor. The City will be responsible for providing a class list to the Contractor, 1 week prior to the start date of the above listed services. All class lists will remain the property of the City (please see the Data practices section of the Contract Agreement). *Severe weather policy: in the event of severe weather, the City and the Contractor will make a determination on whether or not to cancel the above listed services for that day. If the above listed services are cancelled, a refund will be provided to the participants or a makeup date will be scheduled. If a refund is provided, contract fees will be adjusted accordingly. 4. ADA / Inclusion: The City will provide the Contractor with information on any participants with special needs and will work with the Contractor to make any necessary accommodations that are reasonable. Service Suspension and Cancelation 1. If a contracted service fails to meet the required minimum number of participants, the service will be cancelled at no penalty to either the Contractor or the City. 2. If at any time the actions of the Contractor and/or their staff compromise the physical, mental or emotional safety of a participant, the City shall have the right to immediately suspend services until the issue has been resolved or the contract terminated (see Termination and Default section of the Independent Contractor Agreement). Offsite Programs The contractor agrees to provide the City with a copy of Certificate of Liability for services offered off of city property. The City does not need to be listed as an additional insured. Service Addendum A service addendum will be sent each program catalog indicating service details including class schedule and pay arrangement. The Contractor agrees to review, sign and return the addendum before services are provided. City of Shorewood Contractor: By: ____Tanja Kaiser-Huiras________ Name of Contractor Its: ___________ Signed: Tanja Kaiser-Huiras 3/21/2023 Page 4 of 4 ADDENDUM Summary of Program: Name of School/Rec Center/Organization: City of Shorewood Address: Freeman Park – Eddy’s Station Building: 6000 Eureka Rd Shorewood Community and Event Center: 5735 Country Club Rd Contact Name, Contact Phone, Contact email: Janelle Crossfield 952-960-7925 jcrossfield@ci.shorewood.mn.us Name of Snapology Program to be offered: Snapology STEAM program thth Start Date: October 30, 2023 End Date: May 20, 2024 Day of the week: Mondays- 4-week sessions Minimum Class Size: 6 Maximum Class Size: 20 Enrollment Fee: $80 a person per class session Enrollment Deadline Date: 7 days prior Fitness to Participate: Organization has no knowledge of any reason the enrollees cannot participate in physical or academic activities. Organization agrees to furnish Snapology with an enrollee roster, including student names, grades and any known learning disabilities or mental conditions. Payment Policy: Organization agrees to pay the entire Enrollment Fee listed above. Class Size Change Policy: Organization agrees to inform Snapology immediately if the maximum class size is exceeded to determine if a second class can be added or if students will need to be turned away. Organization understands that late enrollees will pay a prorated amount. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-094 A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 24250 SMITHTOWN ROAD WHEREAS, the City of Shorewood (Applicant), has submitted a request for a comprehensive plan amendment to alter the 2040 Comprehensive Plan’s Land Use Plan from medium density residential to low-to-medium density residential (Request) for the property legally described as: That part of Lot 3, Auditor’s Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesota, lying east of the west 220.82 feet of Lot 3; and lying southerly and westerly of the following described line A: Line A: Beginning at a point on the east line of the west 220.82 feet of Lot 3 a distance of 430 feet north of the northerly boundary of County Road 19; thence east at right angles to a point distance 70 feet west of the east line of Lot 3; thence south parallel to the east line of Lot 3 to the northly boundary of County Road 19 and there terminating. (Property) And, WHEREAS, the Request has been submitted in the manner required for the development of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly consistent thereunder; and, WHEREAS, said Request is consistent in the manner of amendments to the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood for the approval of such a request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Request for the Property is approved , subject to the required review by the Metropolitan Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of September, 2023. ___________________________ Jennifer Labadie, Mayor ATTEST: _______________________________ Sandie Thone, City Clerk Item 8A City Council Meeting Item Title/Subject: Approve Compensation Study/Market Analysis and Pay Grid Calibration Meeting Date: September 11, 2023 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Marc Nevinski, City Administrator Attachments: David Drown Associates Final Report Summary Resolution 23-095 Background At the council/staff retreat in February of 2023, the Council discussed completing a full compensation study to ensure the City’s compensation structure is competitive in the current market. On May 22 the city council approved a contract with DDA Human Resources, Inc. which included 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. The information resulting from the Comp Study/Market Analysis and Pay Grid Calibration process helps the Council develop a compensation structure that is market competitive, establish its pay philosophy relative to the market, help avoid wage compression, and ensure compliance with State pay equity requirements which will provide a structure that supports retaining valuable and tenured staff and attracting high-level talent in a difficult job market. Shorewood was benchmarked against similar communities. Final recommendations, including policies and guidelines, will be presented to the Council this evening by Dr. Tessia Melvin of David Drown Associates. In her presentation, Dr. Melvin will review the market analysis process and how market wage data was collected for the study. She will explain how a market competitive compensation structure was determined from that data and will explain how the plan could then be implemented by the city. Dr. Melvin will explain that during the preliminary analysis, DDA identified some inconsistent pay grades with the pay equity points and in turn used the Job Evaluation Tool (JET) to reclassify those positions identified. Those positions are identified in the attached report. Dr. Melvin will explain the market analysis process of looking at similar job positions and wage ranges that are most like benchmark communities and applying a Positive (+) or Negative (-) figure to each position indicating that the City pays either above or below the market. She will explain the guidelines when considering whether the city is aligned with the market. She will explain that the market average is no longer the average but that to retain good employees and recruit new ones, even a competitive strategy in the market is no longer enough. DDA is seeing customers with a 5-20% above market pay philosophy. She will discuss the pay philosophy recommendations for the council to consider. Dr. Melvin will review the city’s current compensation structure and highlight the recommended recalibrated pay grid which includes the pay equity changes. She will review Pay Equity for the council. The recommended new pay grid includes an additional step and an additional grade and removed the first step. She will explain that adding the step will allow growth for the many Shorewood employees who have maxed out on the current pay structure and will allow future growth for other employees. An additional step was added as the City Administrator’s position fell off the compensation structure without this addition and his future step increases are also based on the Pay Grid. The recommendation will put the city in a highly competitive pay philosophy. Dr. Melvin will be available at the meeting to answer questions regarding the study and the recommendations. The scope of work proposed in the contract did not include more in-depth work such as position analysis or job description re-writes. This work, however, was performed by internal Human Resources staff and received valuable input from all employees and department heads. All Shorewood job descriptions were updated during this process to reflect accurate job duties in a consistent format that aligns with the objectives and core values set forth by the city council. The scope of the work does not include budgetary implementation scenarios, nor does it include annual on-going maintenance. Currently, this work is being performed by internal Finance staff in conjunction with Human Resources and the City Administrator. 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. The market analysis process and the classification process performed by DDA revealed several positions that were either classified incorrectly or the position’s job responsibilities were previously undervalued according to MN Pay Equity. Those six positions, representing seven Shorewood employees, have been reclassified and will be recommended to the new grade as presented in tonight’s presentation. The initial reclassification is recommended to take effect on October 1, 2023. With the reclassification of these positions and for future reclassifications or classifications of new positions, DDA is recommending the city adopt a reclassification policy for placing these positions into the Pay Grid. The following are four options for performing this step of the process and for reclassifying positions in the future. Please find below the financial impacts, advantages, and disadvantages of the proposed reclassification policies for the positions that have been reclassified. Staff is recommending Reclassification Policy Option 4 to be approved along with the Final Market Analysis/Pay Grid Calibration performed by DDA. Reclassification Policy Option 1:  Reclassify positions to the new grade into the nearest upgraded salary (no matter what step that is or how it differs from current step) in relation to their current salary. Advantage: This is the least costly of all the options. Disadvantage: This may cause senior employees to have equivalent salaries as newly hired employees regardless of the time spent in the position. Financial Impact to 2023 Budget of approximately $6,400 Reclassification Policy Option 2:  Reclassify positions to the new grade into the step that corresponds with the employee’s current step but in the new grade. Advantage: This allows all employees to maintain their current step status. Disadvantage: This is the most expensive of all options. Financial Impact to 2023 Budget of approximately $11,018 Reclassification Policy Option 3:  Reclassify positions to the new grade into the nearest upgraded salary (as in Option 1) but allow those employees who have over 5 years of service an additional step increase to allow for seniority and experience to be paid at a higher rate than newly hired employees. Advantage: This allows for a one-step increase in salary for senior employees who have developed the skillset and experience in the position over newly hired employees. Disadvantage: Employees must attain the 5-year seniority mark before being considered for a higher rate of classification pay over newly hired employees. Financial Impact to 2023 Budget of approximately $8,106 Reclassification Policy Option 4:  Reclassify positions to the new grade into the nearest upgraded salary but allow those employees who have over 3 years of service an additional step increase to allow for seniority and experience to be paid at a higher rate than newly hired employees. Advantage: This allows for a one-step increase in salary for employees who have developed the skillset and experience in the position for at least 3 years over newly hired employees and represents a more employee-friendly policy and places a value on seniority and experience. Disadvantage: Employees must attain the 3-year seniority mark before being considered for a higher rate of classification pay over newly hired employees. Financial Impact to 2023 Budget of approximately $9,015. Process Timeline September 11, 2023: Council to review preliminary analysis, recommendations and consider final approval. September 25, 2023: Update Shorewood Personnel Policy/Employee Handbook to create a policy on placement into the grid based on reclassification. October 1, 2023: Implementation of reclassification of positions. September to October 2023: Employees to review classifications. o Classification Appeal Process, if employees feel that their job description is missing something or warrants another review. DDA will review any appeals. Upon Approval and Ongoing into January 2024: Market Analysis and New Pay Grid Implementation. Financial Considerations The cost for the reclassification of positions to be implemented in 2023 proposed at $9,015 will be funded from funded from departmental budgets and reserves as necessary. The estimated cost for the market analysis and pay grid implementation proposed for January 1, 2024, of $34,043 has been included in the proposed 2024 budget. Action Requested Motion to approve Resolution 23-095 Approving Shorewood Compensation Study/Market Analysis and Pay Grid Calibration and Reclassification Policy Option 4. A simple majority vote is required. Wayzata Office 3620 Northome Avenue Wayzata, MN 55391 Phone: (612)920-3320 x103 | Fax: (612)605-2375 www.daviddrown.com RE: Market Analysis Preliminary Report Project Summary The City of Shorewood contracted with DDA Human Resources to conduct a market analysis. The objectives were to:  Collect market wage data.  Develop a compensation structure that is market competitive.  Identify an implementation plan. Pay Equity After our preliminary analysis of the market data, we identified some inconsistent pay grades with the pay equity points. DDA reviewed all jobs with the Job Evaluation Tool (JET) system to guarantee updated job classification. Though not part of the scope of the project DDA evaluated each position. Job classifications are determined by the following criteria:  Qualifica?ons o What level of educa?on and experience is required?  Decision Making o What level of decisions does this posi?on make? o What is the impact of these decisions on the organiza?on? o Does this posi?on require leadership, make policy, establish strategy?  Problem Solving o What is the nature of problem solving in this job? o Are problems technical, interpersonal, or managerial?  Rela?onships o What are the internal and external working rela?onships? o Is team work required? o Is the job dealing with customers? o Is this job posi?oned to impact morale, culture and reputa?on?  Effort o What level of mental and physical effort is required? o Is the job subject to physical and mental fa?gue? o How frequently?  Condi?ons/Hazards o What are the environmental working condi?ons? o Is the risk of injury or illness? o Is a lot of travel required? o Does the posi?on involve demanding interac?ons with the public? The following Classification changes are proposed: Job Current Grade Proposed grade Admin Asst. 5 7 Building Official 12 13 Rec Part Time 3 4 Park and Rec Director 11 13 City Clerk / HR 13 14 Administrator 19 20 DDA reviewed the classification of each position. Those positions that changed classification were based on some parts of the job description that was previously under-valued. Benchmark Communities and Jobs DDA partnered with the City to select a group of cities whom the city competes for talent and have one or more of the following criteria:  Geographic Proximity  Popula?on Size  Services Provided  En??es you lose employees to  En??es you recruit from  Other factors include tax capacity, size of budget, number of employees, etc. The following list was created Albertville Arden Hills Dayton Delano Lake Elmo Little Canada Mahtomedi Mendota Heights Minnetrista Mound Mounds View North Branch North St. Paul Oak Grove Orono Spring Lake Park St. Anthony Vadnais Heights Victoria Waconia Wyoming The Council agreed to use Minnetonka as a spotlight community. Spotlight communi?es are ci?es or coun?es that, while you want to know what they are paying their employees, are not necessarily a good match for salary purposes because they are usually much larger. Including the data as a spotlight community allows the client to be aware of what some other ci?es or coun?es are paying without distor?ng the market data from similar communi?es to their own. Market Analysis For each position, we looked at similar job positions and wage ranges. Note that not all jobs have comparable jobs in other entities, so we begin to calibrate the pay structure at jobs that are most like benchmark communities.  For each position the percentage difference has been calculated between the City’s figure and the market. 2 | Page  If the figure is:  Positive (+): Figure indicates that the City pays above the market  Negative (-): Figure indicates that the City pays below the market  The following guidelines are used when determining the competitive nature of current actual compensation: o +/- 5% (Highly Aligned with the market) o +/- 10% (Aligned with the market) o +/- 11-15% (Possible misalignment with the market) o > 15% (Significant misalignment with the market) ***It should be noted that market average is no longer the average. In order to retain good employees and recruit ones, the City must review incentives to work. With the labor market being as volatile as it is right now, highly competitiveness is not enough. DDA is seeing customers with a 5-20% above market average pay philosophy. Next Steps  Council to review preliminary analysis and recommendations  Employees to review classifications. o Classification Appeal Process, if employees feel that their job description is missing something or warrants another review. o DDA will review any appeals.  Formal Council Approval  Update Employee Handbook to create a policy on placement into the grid based on reclassification  Implementation 3 | Page CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 23-095 A RESOLUTION APPROVING SHOREWOOD COMPENSATION STUDY, MARKET ANALYSIS AND PAY GRID CALIBRATION WHEREAS, at the annual council/staff retreat in February of 2023, the Council discussed completing a full compensation study to ensure the City’s compensation structure is competitive in the current market; and WHEREAS, on May 22, 2023, the city council approved a contract with DDA Human Resources, Inc. which included the following components: Market Analysis – collection of data from comparable organizations with similar positions and Pay Grid Calibration – review current structure and recommend adjustments or a replacement of the current grid; and WHEREAS, the information resulting from the Comp Study/Market Analysis and Pay Grid Calibration process helps the Council develop a compensation structure that is market competitive, establish its pay philosophy relative to the market, help avoid wage compression, and ensure compliance with State pay equity requirements; and WHEREAS, the final recommendations resulting from the study, including policies and guidelines, were presented to the Council at a meeting held on September 11, 2023, by Dr. Tessia Melvin of David Drown Associates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the City of Shorewood Compensation Study, Market Analysis, and Pay Grid Calibration and the policies as approved by the City Council. ADOPTED by the City Council of the City of Shorewood this 11th day of September 2023 _______________________________ ATTEST: Jennifer Labadie, Mayor ____________________________________ Sandie Thone, City Clerk