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020700 CC Ws AgP D!BREMER BREMER BA~K 11800 SI"GLHREE L.\~E EDEN PRAlRIE, MINNEson 5534-4-5328 (612) 944~6262 . FAX (612) 942-8529 BANKING. INVESTMDlTS .TRUST. INSURANCE iC '-'- ,', SENT VIA FACSIMILE December 2, 1999 :::; '/ ---- ----- .. -- City of Shorewood City Council 5755 Country Club Road Shorewood, MN 55331 Dear City Council: . This letter is to express my interest in continuing my position as a Commissioner on the Shorewood Planning Commission. I have serviced on the commission for the last 2 years and have enjoyed the opportunity to give of my time to the community. I have learned much about the planning process and the City. I feel me experience with the commission and my professional background allows me to be a knowledgeable Commissioner. Please accept this as my letter of interest in remaining with the commission. If an interview is required I would be happy to answer any questions that the City Council may have. Should you have any questions for me or wish to schedule an interview please don't hesitate to call me at my office (612) 829-0275 or my home in the evening's (612) 470- 9801. . Sincerely, ~ Assistant Vice President BROOKLYN P.\RK . FESTIVAL FOODS. EAGAN. EDEN PRAIRIE. 1NVER GROVE HEIGHTS MILACA . ~lI:-;NEAPOLIS - CALHOUN SQUARE. OGILVIE. PRINCETON. PRINCETON - COBORN'S FOODS. R SOUTH ST _ P.\UL . ST. PAUL. ST _ PAUL. TOWN SQUARE. WATERTOWN. WHITE BEAR LAKE' FESTIVAL FOODS 24.HOUR PHONE BANK 1-800.908.BANK . TDD 1-800-829-6795 www_bremer.com . BREMER BANK IS MEMBER FDIC #21\ . . DEC-14-1999 11:32 P.02 December 14, 1999 City of Shorewood Country Club Road Shorewood, Minnesota 55331 Dear Mayor and Council Members: T am hereby submitting my application for consideration for the Shorewood Plarming Commission. I served on this body a number oryears ago and believe that I can bring my experience and skills to the group for a positive outcome for the citizens of Shorewood. I look forward to information about the interview process. You can reach me at my office. 612-373-8802, or at home. 612470..1329. Sincerely, ~~ Kirk B. Rosenberger 20960 Ivy Lane #26 ". . . .. January 9, 2000 \..L }~~(~\: i ~'. \ ..-----.:;.:;...-. --;-:;::::.-,~ .;\: ~-~r"" -?) ;:::::...-..- Anthony 1. Pini 25725 Valleywood Lane Shorewood,~ 55331 Home phone: (612) 474-8184 Work Phone: (612) 577-9124 Shorewood City Council c/o Mr. Brad Nielsen 5755 Country Club Road Shorewood,~ 55331 RE: Land ConservationlEnvironment Committee Volunteer Position Dear Brad: I am writiJl~ this letter to express my interest Ln the position on the Land Conservation! Environment Committee which has been recently announced in the January 2000 issue of the city newsletter. I believe that I possess qualities and qualifications that would enable me to fulfill the responsibilities of that position. In my protessionallife I am a Registered Civil Engineer with 25 years of experience in land development projects for commercial, industrial, institutional, educational and residential type projects. I am intimately familiar with the engineering issues related to land development and have personally designed hundreds of sites for development projects throughout theTwiIl City Metro Area. Greater Minnesota and the 5 state region. As a Project Manager I have had considerable experience in the management of complex engineering projects and the administration of construction contracts on projects ranging in cost up to $10 million. Originally from Hoboken, NJ, I moved to the Twin Cities after graduating from Mankato State University. I have lived in the Lake Minnetonka area since 1975 with my wife Janis and have been a resident of Shore wood since 1992. We have two daughters, ages 15 and 13, currently enrolled in the Minnetonka School District. I have had some committee experience at the City level while living in Tonka Bay. #2G ." My personal philosophy has always included a deep respect for the natural environment, a stiOng interest in the preservation of our land and water resources and a concern with developments' impact on the environment. I believe that it is possible to maintain a balance between land development and conservation of our environmental resources and that sustainable development can be pursued while maintaining our quality of life. As a committee member I would work to find innovative approaches to land conservation and environment issues facing our community. I am very interested in contributing to our city and hope that you will consider me for a position on the Land Conservation/Environment Committee. T have attached a copy of my resume' for your review; please feel free to call me if you have any questions. Thank you for your consideration. . Sincerely, /)/~~r;~ ~;n;l4; attachment . .. .. Anthonv J. Pini 25725 VaIleywood Lane Shorewood, Minnesota 55331 . Home Phone 612-474-8184 SUMMARY Mr. Pini is a Registered Civil Engineer with over 25 years experience in the construction industry including contracting, surveying, drafting, design and project management. Mr. Pini possesses a strong work ethic and the persistance required to accomplish the assigned task. Strong organizational skills and attention to detail are two assets which Mr. Pini will bring to any organization with which he is associated. WORK HISTORY 1986 - Present Van Sickle, Allen & Asociates, Inc. Plymouth, Minnesota . Mr. Pini is an Associate and Senior Civil Engineer responsible for performing and supervising civil engineering design and document preparation for a broad range of institutional, educational, commercial, governmental and industrial type projects. Specific design areas include master planning, site configuration, grading and drainage, stormwater management, rate control and water quality ponding, storm sewer, sanitary sewer, watermain, site fire protection, concrete and bituminous pavement, erosion control and railroad track design. Mr. Pini is involved in the preparation of project manuals, technical specifications and engineering cost estimates. . Mr. Pini is also responsible for all aspects of project management for industrial projects on which the firm acts as the prime designer. Mr. Pini's role in these projects, which range up to $10 million construction value, involve initial client contact, preparation of fee estimates and proposals, preparation of owner-engineer contract, coordination of sub-consultants workscope, fees and engineer-consultant contracts and project design schedule. In his role as Project Manager, Mr. Pini is responsible for assisting the owner with the bidding process including advertising, contractor pre-bid meeting, issuing addenda, receiving and evaluating bids, making recommendations to owner and issuing notification of award. Mr. Pini is also involved during the construction phase attending construction meetings on behalf of the owner, reviewing pay requests, tracking the progress of the project, preparation of punchlist prior to owners beneficial occupancy, final acceptance and project closeout and other details of construction contract administration. As an Associate of the firm Mr. Pini assists with the review of all service fee proposals issued by the firm and with the preparation and review of all service contracts prepared by the firm. 1985-1986 1981-1985 1974 1981 1989 . .~ Temple Associates, Inc. Deephaven, Minnesota Mr. Pini served as Project Civil Engineer performing details of civil engineering design including grading, drainage, storm sewer, sanitary sewer, watermain, site fire protection and pavement design, preparation of construction documents, technical specifications, cost estimates and site inspections related to industrial, commercial and residential projects. H. J. McConkey and Associates, Inc. Minneapolis, Minnesota Mr. Pini served as a Design Structural Engineer performing details of structural engineering design for a wide range of industrial and commercial projects. Areas of design expertise included wood and timber, stee~ masonry and concrete. Duties included client contact, preparation of construction drawings, technical specifications, cost estimates and site inspections. . EDUCATION Bachelor of Science, Physics Bachelor of Science, Civil Engineering Mankato State University New Jersey Institute of Technology REOISTRAnON Minnesota - Registration #19884 PROFESSIONAL SOClmES American Society of Civil Engineers American Institute of Plant Engineers CIVIC ACTIVITIES Member of the City of Tonka Bay Recycling Task Force (1982): Assisted with . the development of guidelines for the city recycling program. City of Tonka Bay Representative member of the Lake Minnetonka Cable Communication Commission {1982-1984): Assisted with the drafting of the Request for Proposals for the Lake Minnetonka Cable System. . . UNIVERSITY OF MINNESOTA Twin Cities Campus Department of Plant Pathology College of Agricultural. Food. and Environme...n.tal Sciences .~,\~ ,-;'=;) \~ i ;",'..',; J ~-;',l 'nee. ,,~ t.) '- : \ January 11,2000 ----=:::::: 3'J.~----- ."~ City of Shorewood City Council 5755 Country Club Road Shorewood, MN 55331 Dear Council Members 495 Borlaug Hall 1991 Upper Buford Circle St. Paul, MN 55/08-6030 612 -625-8200 Fax: 612-625-9728 E-mail: plpa@puccini.crl.umn.edu Itttp:llwww.plpa.agri.umn.edu This letter is to express my continued interest in maintaining my current position as a member of the LCEC Commission. At the 12/21/99 meeting of the LCEC meeting I announced some apprehension with continuing my current appointment because of work related difficulties. However, all of the members of the commission and Jim Hurm encouraged my continued participation. Thank You Joel Jurgens :#:2b FREDERIC BRUNO & ASSOCIATES ATTORNEYS AT LAw THE COLONNADE 5500 WAYZATA BOULEVARD, SUITE 730 MINNEAPOLIS, MINNESOTA 55416 FREDERIC BRUNO TIMOTHY R. ANDERSON TELEPHONE: (612) 545-7900 Mayor Woody Love City of Shorewood 8y 5755 Country Club Road '" Shorewood, MN 55331 '~-~I ~~~-rS r \\1Fi7;;;'r"r' \ ','" l-, \ ~, L.-:I \ I' ,.' I !~: 'UI i . .' I I - ' , ' . ,'. ''''r:'QI- I, :i "\1 i W ;'i ~ /, i I 4 ,: I IJ' ! I '. . .) ...0. '::) .. 'l.' . , i I January 5, 2000 RE: LCEC/Cell Phone Towers . Dear Mayor Love: On January 31,2000, the term of appointment for LCEC member Joel Jergens comes to an end. Mr. Jergens would like to continue to work with the LCEC, and we unanimously would like him to do so. Accordingly, I respectfully ask that City Council reappoint Mr. Jergens to an additional term. Please bear in mind that Dave Gosen has resigned from LCEC, given his work schedule. His term was to have ended 1/31/01. Secondly, I am enclosing a recent article from the December 13,1999 issue of Lawyers Weekly USA. This article discusses the power of local zoning authorities over the placement of cell towers. As the attorney in the article states, "municipalities clearly have the upper hand". I am hoping that this information is of interest to yourself and the city council as these issues arise. . Respectfully, FREDERIC BRUNO & ASSOCIATES F~~ Frederic Bruno FB/ms Enclosure xc: Jim Hurm 99 LWUSA 1105 I DfCEMBEIl13, 1999 NATIONAL LAw I.Awms \1Tm1.y 1&\ I J>.ge 3 Town Can Reject Cell Phone TOlVers Where a town zoning board would not "llow a cellular phone tower in a II!S- idential area, this didn't violate the Telecommunications Act of 1996, says the Third Circuit in reversing a US Dis- trict Court. Over the past 10 years, towns have been trying to regulate where cell phcme towers are located. The towers can ex- ceed 250 feet in height and are often placed in residential areas or in the mid- dle of a scenic view. There are expected to be over 100,000 towers in the US. within a few years. Although at first courts made itdiffi- cult for towns to stop cellular towers from being built, municipalities are now having increasing success. Experts say that the Third Circult's decision is the latest in a series of cases to establish the power of local zoning authorities Over the placement of tow- ers. HThe pendulum has swung back to the middle. The courts seem to be strik- ing " better balance between munici- palities and the needs of the industry.H says John Wilson of Rochester, N.Y., who successfully represented a munic- ipality in a recent Second Circuit case. (Sprillt Spectrum, LP. v. Willoth, 176 F.3d 630; 99 LWUSA 521; Search words for LWUSAArchives: Cross and Yesawich.) ~ere was a time when the industry would roll over city councils and say, The Act permits us to put up towelS at our convenience,'" agrees municipal lawyer Fritz Knaak of Vadnais Heights, Minn. 'This case shows that courts now better understand the arguments and are willing to defer to a municipality's judgment." TIle decision should give towns more leverage in negotiations with phone companies. . "Municipalities clearly have the up- per hand," says attorney L Steven Em- mert, who successfully represented VIr- ginia Beach, Va., in a recent Fourth Cir- cuit case. (AT&T Wirel~s PCS v. City Coulldl a/Virginia Beach, 155 F 3d 423; 98 LWUSA 745; Search words for LWUSA Archives: Gibson and Golembeck.) "ProviderS are becoming more con- ciliatory at the zoning board level be- cause the risks of litigation are less dear- ly tipped in their favor than they origi- nally thought," agrees Wdson. Attorneys for cellular phone compa- nies complain that the courts are mak- ing it too difficult for their clients to get towers approved. "This case follows the trend of coUrts raising the bar on what a provider needs to prove in order to get a site devel- oped,H says KeMeth Baldwin, who practices in Hartford, Conn. "I don't wt- derstand how any provider can really meet the burden imposed by this court. " ResideadalArea The !own in this case pill50ed an cxdi- nance reslricting cellloweIs to light in- dU$:ria.I areas.AceIJ pftonea>mpany Ie- que.ted a zoning varianc:e permitting it to erect a 160-foottower in a residential district. When the board denied the variance, the company sued under the Telecommunications Act, arguing that the denial had "the effect of prohibiting the provision of wireless services.H (47 U.sc. 9332(c)(7)(B)(i}(ll).) But the court disagreed. H[T1he [Act's] 'effect of prohibiting' clause [does not] encompass every in- dividual zoning denial simply because it has the effect of precluding a specific provider from providing wireless ser- vices...To do so would provide wireless service providers with a wildcard that would trump any adverse zoning deci- sion._ H[A] provider whose application has been denied...must show two things. First..that its facility will fill an existing significant gap in the ability of remote users to access the national telephone network... The provider's showing on this issue wiIL..have to include evidence that the area the new facility will serve is not already served by another provideL. ~nd, the...applicant must also show that the manner in which it pro- poses to fill the signifIcant gap in ser- vice is the least intrusive on the values !bot !bedenialsousfat 10........ In a second case decided a few days 1a1er. !be court applied the same two- part test. but ft!II1anded !becase for ad- dilional findings lIS to whether the pro- posed tower would fill a "significant gap.H High Threshold Lawyers say requiring companies to show that a proposed tower will fill a -significant gapH in service imposes a Gel lale-Breaklng News As II Happensl ~j~~;;;;;;d~veheardaboutthis 'd~nevensooner with a liee "e. "'in8lJ alert"..:.:.. a new service from ..~W~IyUS.4. "'~Get instanrnotification of crili- 'cally important cases -oftenwith links to the (ull text - free via e. :. mailflOmI.tlulJ"l"s~US.4.lust -signup for ourfreeAn:bives search ,service on our website: .~.' I~Ja!VY"rsweeJdy.com). ~:~j/~~~~O~.~8 ".,! . ..... .... formore detDiJs! diffIcult new restriction on cell phone towers. 'The case establishes an awfully high threshold for providers who claim that a municipality is prohibiting wireless services, because they have to show that there's rio access to the national tele- phone network by any provider" in that area, says Nancy Essex, a municipal at- torney who works in Raleigh, N.C. In effect, the court is saying "that a municipality's authority to deny a provider's application becomes greater when it is beaten to the punch by an- other provider, H says Ted Kreines of TJburon, Calif.. a consultant to local gov- ernments on wireless planning and ed- itor of the newsletter PftmWireless. In addition, Hthe factual inquiry about 'least intrusive alternatives' is going to make these cases much less susceptible to summary judgment,H says Emmert. The result, say defense lawyers, will be slower development and increasing costs. UWe're going to need more coverage, not less, in the future, and the tougher it is to get towerserected, the slower the system develops," says Baldwin. Companies will be forced to design cell phone towers which are disguised as trees or flagpoles or worked into ex- isting structures, says Stoneham, Mass., attorney Greg Higgins, who represents phone companies. "The downside is these technologies cost two to five times as much as standard development costs - and this translates into higher prices for the consumer. H WhatTownsShouldDo Experts say there are a number of things municipalities can do to make it more likely that their zoning decisions will be upheld. A fmnt-page article on this issue appears at 97 LWUSA 529; Search words for LWUSA Archives: Dam and Linder. . Preempt problems. The best way to handle conflicts over cell towers is to try to avoid them alto- gether. T_..... sbauId t>rint: in ~ I:lefOIe the iBsur: arises. says Knaak. That way. a list of available si1escan be com- piled in am-ance and it 1nlnl Jooj; like the !own is intentionally trying to keep towers out Working out problems early in the process can benefit companies, too, says Essex. ~ case shows that it's in a provider's interests to come to a local government early and get a whole net- woric appnM!d. because when the pro- vider needs one last tower to complete a pattern and fill a gap, the fad U",I there's only one available site isn't go- ing to be enough to justify a tower.H . Don't forget the details. Although courts are becoming more likely to reaffirm local zoning authori- ty, municipalities still need to be metic- ulous about observing procedural pr0- prieties, says ESsex. H A lot of the challenges to munici- palities have been on a procedural ba- sis. Make sure that an order rejecting an application contains the grounds for the decision, and that decisions are made within a reasonable time," she cautions. Also, it's vital for towns to buttress their case with supporting documenta- tion and testimony. "The most important factor when you're in court is to have a full record developed below, H says municipal at- torney Kirk Wmes of Seattle. "If you build a careful record at the hearing lev. el, the court is mOre likely to back you up." . Hire experts. Another step that mOre and more municipalities are taking is to counter companies' use of expert testimony with their own. "Be sure to retain yow: ownexperts,H says Philip LopeofZelien- ople, Pa., who represented the town in the Third Circuit case. Municipalities should consider get- ting an expert 10 testify on such issues as Hthequality of service, the nature of the gap in service, other feasible, less in- trusive alternatives to the proposed tower, and whether other providers are able to supply service without requir. ing a zoning varianc:e, H suggests Jabn Pestle, a municipalattomey from Gmnd Rapids, Mich. Other usefuIexperts might include a mdio frequencyengineerwhocandlal. Ienge the company's technological.. sertions and an appraiser to testify about effects of the proposed tower on property values, says WlItes. . Ask for alternatives. Cities and towns should take advan- tage of the burden placed onalRlJ"Ulies by challenging them to show that no less intrusive alternatives are available. says W1lson. In this case, Hthe court said !hat there are alternatives to every cell site - no court has ever come right out and said that before. They've danced IIIOUIld it, alluded to it, but heJe the court says, 'Don't just bring US one option. - says I<rcines. But towns shouldn't get oven:onf... dent without having the fads to back up the assertion that less intrusive al- ternatives areavailabIe, warns Emmert. "If localities abuse their position. the courts are going to stop giving them deference and say, if you really think lhmr iio:.. .....~...~-e. ~it.-be~ U.s.OIu1t"~3JCimlit..4PTP:1:'- 6rogh LP." P..... k>o...,..,. ,\d ~.m:!. -'<, ~M If, 1m. fA;ryfts IV<<i'l!t USA N.J. 99JnUf20/>>8fS). u.s. Cot'rill{ ApptJJIs. 3J CiItHiJ. Cd/uIJu Ttkp/rDMc".... ZDning &anlof N;'_ II{ 1/", Borough II{ n.Ho-KIl$. No. 98-6484. N.>- ."1IIM 19. 1999. u....,.,. Wn:lJy USA Nt" 99Jn32 111 paga). To orrhr. "'PY II{ tilhn-opilli",~ ad/8lXI-9J.l. .5594. . . . . -' ./ January 27,2000 Dear Mr. Nielsen, In a recent telephone conversation with Chris Lizee I expressed an interest in service on the Parks Commission. She suggested that I write you and make this interest known. My wife and I moved to the Shorewood area two years ago after 30 some years as residents of Hopkins. I am a retired teacher from the Minnetonka Schools. I would be happy to provide you with any additonal information required in your selection process. Sincerely, Howard Young 5220 Spring Circle Shorewood, MN. ~y ~ tv\L #2E I )/Ji - '--" 1999 CITY COUNCIL PRIORITIES APPROVED JANUARY 25, 1999 . 1. Needs to be done in 1999 => Decide on alignment for Country Club RoadlSmithtown intersection => Consider recommendations of the Fire Department Task Force (in July) => Review Comprehensive Plan, get significant public input and submission by June => Complete stormwater management plan - submit with Comprehensive Plan => Consider policy on placement of communication antenna facilities 2. High Priority => Implement trail planning process => Develop a strategy to improve paramedic rescue response times in much of Shorewood => Land Conservation report implementation 3. Second Prioirty => Define roll in affordable senior housing => Undertake a three year liquor plan to improve operations => Consider a ward system for Shore wood => Actively pursue burying utility lines => Consideration of all.altematives for transit service => Re-evaluate design criteria for City streets 4. Third Priority => Review water policies => Consider strategies to reduce legal costs => Consider a street reconstruction assessment policy (task force recommended) => Up-date subdivision ordinance => Revisit snowmobiles in Shorewood => Implement a realistic plan to expand web p~aerunprove communications => Initiate design of Smithtown Road by considering property rights and trail issues 5. Lowest (or no) Priority => Consider policy on right-of-way usage by utilities => Become more involved in educating youth (and adults) in local government => Consider some more organized approach for garbage collection . *3 1999 CITY COUNCIL PRIORITIES ApPROVED JANUARY 25, 1999 REVIEWED OCTOBER, 1999 Status Code Key: 1 Completed 2 Work has begun/likely to be reached in 1999 3 Work has begun/likely to be reached in 2000 4 Work to begin later/likely to be reached in 1999 5 Priority should be reconsidered 6 Not likely to be addressed in 1999 3nd Qtr Status 1. Needs to be done in 1999 Staff Comment on Status 1 Decide on alignment for Country Club Subject to concurrence by Hennepin County and Road/Smithtown intersection Tonka Bay 1 Consider recommendations of the Fire Department New Task Force has begun work on governance and Task Force (in July) financing questions. 2 Review Comprehensive Plan, get significant public To be done by the end of 1999. input and submission by June 2 Complete stormwater management plan - submit with To be completed by the end of 1999. Comprehensive Plan 1 Consider policy on placement of communication antenna facilities . . Reviewed J 0/99 . . 3rd Qtr 2. High Priority Status Staff Comment on Status 1 Implement trail planning process Several walks have been completed. Two trails are in the process of being designed. The process will continue each year. 3 Develop a strategy to improve paramedic rescue This issue has been brought to the attention of the response times in much of Shorewood South Lake Cities through the Fire Department meetings. It will continue to be an issue in the year 2000. 3 Land Conservation report implementation The Land ConservationlEnvironment Committee has begun its work on implementing the Land Conservation Report. 3. Second Priority 1 Define roll in affordable senior housing 1 Undertake a three year liquor plan to improve Full time Liquor Operations Manager was hired. operations Research is continuing. 3 Consider a ward system for Shorewood Continuing. 3 Actively pursue burying utility lines 3 Consideration of all alternatives for transit service Council met with Tom Workman to discuss transit issues. This will be considered for possible future legislation. 3 Re-evaluate design criteria for City streets Issue is yet to be resolved. Reviewed J 0/99 3rd Qtr 4. Third Priority Staff Comment on Status Status 3 Review water policies Council has reached a general consensus on the direction for water policy. Ordinance to follow. 2 Consider strategies to reduce legal costs The City has gone to a retainer fee system. 6 Consider a street reconstruction assessment policy Council has yet to take on this issue. (task force recommended) 3 Up-date subdivision ordinance To become a priority upon completion of the Comprehensive Plan update. 1 Revisit snowmobiles in Shorewood Complete. 2 Implement a realistic plan to expand web Communications Committee has been established. page/improve communications Web page has been resigned. On-going improvements will continue. 1 Initiate design of Smith town Road by considering Trail design has been initiated. Right-of-way issues property rights and trail issues are under investigation by City Attorney. S. Lowest (or no) Priority 3 Consider policy on right-of-way usage by utilities 3 Become more involved in educating youth (and adults) in local government 3 Consider some more organized approach for garbage collection . . '\, Reviewed 10/99 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 2 February 2000 RE: Goals for 2000 FILE NO.: 405 (Strategic Planning) At its study session on 7 February 2000, the Council will review the status of goals that were set for 1999 and establish goals for the year 2000. While staff has not attempted to identify goals for the Council, there already appears to be a consensus on at least one - some type of strategic planning or "visioning" process. Rather than attempt to describe what strategic planning is about, the attached materials are being forwarded for your review: . Attachment 1 is an excerpt from "A Guide to Community Visioning, Hands-On Information for Local Communities", a publication developed by the Oregon Chapter of the American Planning Association. Attachment 2 are materials assembled from "Strategic Planning for Local Governments", ICMA, (1993). The word "Shorewood" is used to describe different things; 1) Shorewood - the city is a geographic place; 2) The City of Shorewood is used to identify the government agency; and finally 3) Shorewood can refer to the community of people - the residents who occupy the place. Strategic planning is very similar to the process used in the Shorewood Comprehensive Plan. However, while the Comprehensive Plan primarily confines itself to the physical aspects of Shorewood - the place, strategic planning takes an even broader perspective addressing the government organization and the people. .1+ ,. " . PRINTED ON RECYCLED PAPER .., . . Memorandum Re: Year 2000 Goals - Strategic Planning 2 February 2000 It has been suggested that a meeting be conducted (possibly a Saturday morning retreat) to discuss strategic planning. Such a meeting would include the City Council, the Planning and Park Commissions, the Land Conservation and Environment Committee and city staff. It is strongly recommended that the City hire an outside facilitator for this initial meeting. If the eouncil agrees, staff will prepare an RFP for review at the meeting on 28 February. The RFP will be sent out to a select list of firms that specialize in this type of work. It seems reasonable that the initial meeting could be held in early to mid April. If you have any questions relative to this matter, please do not hesitate to call me. Cc: Planning Commission Park Commission Land Conservation and Environment Committee City Staff -2 <<--. c:n c -- c = -- '" -- ::> : ~ ..c 3: . . till ~ QJ ... 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V QJ :E o "0 ::: ~ 00 ::: 'N >-. ~ ::: ~ .S "0 ~ ~ v "0 ::: oo~ :I Q.I ..03 Q./- '" ~ .5 ....0 v .... 00<; ::: = ~ ~ 8 e 00 8 i9 ::: .9 .- -:; ~= ~g. ~ 0.. ~ ... ~~ ... Q.I '" .c ~ ::0 '" :; ~ .8 ::: CJ ~ V Q.I J:::!"ii:i :::: .~ ~ QJ"O == ::: ~ ~ '" Q./ ~E 'u "= }, ~ . , . ! ~ Attachment 1 . . As the pace of change accelerated in the 1980s, planning for the future gained growing recognition as an important element of the governing process. Strategic planning, a method first used in the private sector to assess an organization's operating environment and develop strategies for change, became increasingly popular in government. During the '80s, more local jurisdictions and communities became involved ill planning for the future. Blending elements of state futures projects and strategic planning, community planners developed new activities specifically tailored for long-range planning at the local level. By the 1990s, these efforts evolved into what has come to be known as visioning. In Oregon, there had long been a tr~dition of planning for the future. Based on its own studies of future growth, the state mandated comprehensive land use planning in 1973. As a result, all cities and counties were required to develop comprehensive land use pl~ns that addressed statewide planning goals. This progressive system made Oregon a national leader in land use planning. However, the state's comprehensive planning process did not really provide a vehicle for addressing the new challenges that confronted local communities in the '80s. Emerging issues like a restructuring economy and rapidly changing population demanded a larger perspective. The state's bellwether visioning project in Corvallis (1988-1989) was under- taken precisely because the community's existing cQrnprehensive plan did not articulate community values or provide it coherent sense of direction. In fact, the visioning proceSs differs from more traditional forms of community planning in a mlmber // " // / /" '-j,-Q The Future Through the Eyes of a Child. less inhibited about expressing their ideas of a better world, children can provide a fresh new perspective to communities planning for the future. The community visioning process makes it possible. From "Children's Visions of the Future," Corvallis Artist.in.Education Program and Corvallis Planning Division, Charting a Course for Corvallis. Artist: Jennifer, Age 9 1/2. 4 .. ... .. .. .... II' ... WI .. .. ~ .. .1 of ways. Its most distinctive traits are that 1) it tends to focus on a wider range of concerns; 2) it is strongly geared to community values; 3) it uses alternative scenarios to explore the future (Le., what is probable as well as what is possible); and 4) it is built around the development of a shared vision. Visioning Is also ideally suited to public involvement and the creative use of graphic imagery. A visioning process does not necessarily replace other forms of community planning; land use, transportation and capital improvement plans all play important roles and have unique value. But visioning is a significant new tool in the community planning tool kit. Using this process, a jurisdiction can develop a long-range community plan or an "umbrella" vision for its existing plans and policies. Ultimately, it is up to each community to decide how it wants to integrate visioning with its other activities. Simple, Creative, Vlslonary and Participatory. The Corvallis vision statement demonstrated the potential of visioning to engage an entire community in selling ill sighll on the future. Delivered to virtually every house- hold in town, future focus 10'0 identified emerging trends, summarized community values, and offered a positive vision for the future. Citizens were challenged to add their own commenll and ideas - and they did. . . .. l\. --,It --------. ---. \l\~~ R ---- .. -- ,it~~\~~~f"'-'~~':}"''e;},?i\..,O' ...., . , :;lYD.~~:V~"~::, '~1{{BI~. ..:. '. :._'.H l':;L:-""~~'i1.\..~~ ~;'Y;','I!(~~_{(',1.t\'::"\,,.. ,. '''''',.'. -.;--..,;--.__ . :t:_~;jj:;\~~::~~', ~:~fij:~:(i;'''::'~t' ',::.:, . ".:', :': '~~i~.',~'~~.~:'-; t;i'~" ~'.Ll_ - _ "":'4"'~~":'> r-7. , .a..t :'1',V 't" ,,,.;.'>t.'..;......j\l.d1. ....... ~ ,,1 \ \~~ .l...:~lt;~Z:;.~~~;.:J ' " . "...:::;::''.;;,ir.-{. ~ . . ',. ,,'\!:X,U, . );,~~tJt;....j~~..:ir III .1.;- . ,., '" ..., ~ :q;1' _.' Ji' -\#'~'OJ&~~;~L.;-C~:>.:U~!i_l~..~.:'t.~~.fl:.,_~ ',,.., t\ "" lli t.... ~..I:~..i4Ui -", '-~.. .'f!."~ ""',. . " , Ollr eo"V.4I.i~L~ ' , ., ....~I~: - ~. ~._~ . ~......~",. '" ~.'::....~:""" ~::..~~~~-..,a,: "'I 'HV'"0 ~~~~~:::~;:...~ CO_VAlli: :~: ~H 20'0 C'-... '::;,...~":....~:~..... 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X Q.l 0- 0-.. 0-.. - 2:- '" => c:: ~ .5 c:: "" O">Qj '" -0 ..c 0 a :2 o ..... <1J :s "5 ..... -c c: ~ <5 c... -0 c: "" c:- .~ 'S;: ~,- ..., .." ,~ Qi... ~ <1J c... o '" Q.. ~ c:: Q.l = 0- "" ..r::. 0"> c:: :.;;:: "" E s ~ "" 'g; -g~ ~ QJ 5 -g Q.. "" S2 Iii C'\ '" c: '" E - .." ~ .lB .5 ~ .lB ", '" c-, -<:: ..... => E t:J GJ '0 0... <1J- -"=l '" U u :2 .." ~ Q.l -:5 <1J ~ 'E E o ..... >-. .>d o c.. <1J ..c: ;- p, c: '2 .~ 'S;: if:;o '2 => E E o u S2 c:: o 0"> '" o >. "" 3: Q.l -:S '0 0- ~ 2:- Q.l > '" -0 '" > ~ .5 ~ ~ ~ \C . Chapter 2 .. VirtuallY every step forward in the progress of mankind has begun with a dream. Seeing something in the mind's eye has been the first step to achieving it in reality. Visioning is simply a process by which a community envisions the future it wants, and plans how to achieve it. It brings people together to develop a shared image of what they want their commu- nity to become. Once a community has envisioned where it wants to go, it can begin to consciously work toward that goal. A vision is the overall image of what the community wants to be and how it wants to look at some point in the future. A vision statement is the formal expression of that vision. It depicts in words and images what the community is striving to become. The vision statement is the starting point for the creation and implemen- tation of action plans. By going through a visioning process, a community can: 1) better understand the values of its citizens and use them as a basis for planning; 2) identify the trends and forces that are affecting the community; 3) articulate a big-picture view to guide short-term decisions and long-term initiatives; and 4) develop tools to achieve its vision. The Oregon Model: Comprehensive Community Visioning Oregon bas been at tbe forefront of the growing use of visioning as a planning tool. Increasingly, visioning is being used by . What Is Visiqning? local communities to complement their state-mandated land use plans, introduce a broader dimension into local planning, and build consensus for future directions. This trend fits well with the state's reputation for being innovative, forward-thinking and values- oriented. Over the past few years, communities ranging in size from Portland and Gresham to Corvallis, Forest Grove, Newberg and The Dalles have undertaken visioning projects. Each of their visioning experiences has been unique, providing new insights and lessons for the communities that have followed them. Success stories from several of these projects are included in this guide. Based on the work of the Oregon Visions Project and the experi- ences of local communities, an overall approach to community visioning has emerged. Because this approach directly reflects the visioning efforts of local communities around the state, we call it the Oregon Model. The Four Steps of the Oregon Model The Oregon Model for community visioning involves a compre- hensive four-step process. Each step focuses on a driving question, involves different planning activities, and results in specific products. While all four steps are recommended, a particular community may choose to follow only some of them or to undertake specific activities at different points in the process. The model allows for these kinds of changes and flexibility. II Ifyoll 'call dreanl it, YOll call do it. II Walt Dislley II For YOllr illfon natiol1, let me ask YOll a few questiol1s. Smn Goldwyn 8 II . The four steps in the Oregon Model are: Step One: Profiling the Community The first step is to profile the community; that is) to identify the characteristics of the local area, such as geography, natural resource base, population, demographics, major employers, labor force, political and community institutions, housing, transportation, educational resources, and cultural and recreational resources. This step usually includes the development of a statement of community values. · Driving question: "Where are we now?" · Planning activities: Research and data collection, compila- tion and analysis. If a values statement is developed, additional activities such as a community survey, meetings, etc. may be required. · Prmlucts: Community profile, values statement. Step Two: Analyzing the Trends The second step is to determine where the community is headed if current trends and activities continue. It involves analyzing research to determine current and projected trends and their potential impact on the community. A "probable scenario" based on identified trends is also developed to describe what the community will look like . at some point in the future if it stays on its current <,:ourse. (As discussed later, more than one scenario may be developed.) · Driving question: "Where are we going?" · Planning activities: Determination of current and projected trends, assessment of their future impact. Creation of probable scenario through task forces, work groups, community meetings and brainstorming sessions, or other means. · Products: Trend statement, probable scenario. Step Three: Creating the Vision The next step involves the actual developmentbf a vision for the future: What does the community want to become? What does it want to look like? Based on identified community values, a "preferred scenario" is developed to describe what the community might lpok like if new responses to identified trends are set intoactiO!l. VIti.- mately, the community's vision statement is based dn this preferred scenario. While developing the vision involves imaginatipn, tile process is also firmly grounded in reality. By basing their efforts on the facts and trends affecting the community, citizens can cr~ate~visiorl that is realistic and achievable. · Driving question: "Where do we want to be?" · Planning activities: Creation of a preferred sc~narioand v .1 . final vision through task forces, work groups, community meetings, brainstorming sessions, or other means. · Product: Preferred scenario, vision statement. · Planning activities: Identification of goals, strategies, actions, implementation agendas and priorities through task forces, work groups, or stakeholder meetings. · Product: Action plan. Step Four: Developing an Action Plan ------.-..".--- · Driving question: "How do we get there?" While some communities place great importance on developing an action plan, others feel they can accomplish as much or more simply by developing a shared vision, making sure it reflects the community's values, and communicating it well. In such cases, community leaders are more concerned with citizens getting a picture of the vision in their own minds than with writing out specific action steps. The idea is that if they can "see" the vision and commit to it, right actions will follow. Once the vision has been developed, an action plan can be created to achieve it. The action plan should be as specific as possible, including steps to be taken, assignment of responsibilities and timelines. The Oregon Model 1. Where are we now? 2. Where are we going? 3. Where do we want to be? 4. How do we get there? VISION STATEMENT 'lL ,'" J: _--I · Descriptive Information · Community Values · Trend Information · Probable Scenario · Preferred Scenario · Community Vision · Goals, Strategies &: Actions · Action Agendas &: Priorities 9 STRATEGIC PLANNING Strategic planning iInplies developing a vision of the organizations future, then moving to a series of action steps that will guide acti vi ties in the immediate future. . THE PRINCIPLE STEPS IN THE PROCESS: · SCafu~ing the environment and selecting key issues. · Formulating goals for each key issue. · ~~alyzing each issue and developing a list of related community strengths and weaknesses. . · ,Developing strategies, taking into account identified strengths and weaknesses. · Implementing strategies using public and private resources. · Moni toring and updating to ensure implementation. Attachment 2 MISSION . PURPOSE OF THE ORGANIZATION · A statement of what business we are in. · "Clarity of mission may be the single most import~~t asset for a gove~~ent organization." David Osborne & Ted Gabler, Reinventina Governme..1'1 t . . · The role of the mission statement is to focus on the purpose of the organization, to call attention to what is important, and to set organizational goals to align practices with values. · Effectively communicates a direction for the organization. · May focus attention more clearly on what needs to be done. · A mission statement for the organization looks ahead 20 years; is a short stata~ent (perhaps one liner) of why we exist, what we do good for whom. SETTING OVERALL SPECIFIC GOALS AND OBJECTIVES Goal setting gets everyone pulling together. . Goal setting helps you spenci YOu.r tL-ne rnoreeff~c.t..ively.. Goal setting establishes clear guidelines fort..~e AdmL"'list=ator. · Goal setting gives you some useful budget guidelines. Goal setting helps you communicate with constituents and build support for programs and policies. Goal setting gives you an evaluation tool. From Elected Officials Handbook. (3ook 11 . Specific objectives make it easy to define success~ Specific objectives are necessary to establish accountability. · Specific objectives help us to determine when overall goals have been reached. Specific objectives are necessarJ to determine budgets. · Specific objectives set direct targets for each depar~~ent. . Goal I - Identify means of increasing revenues without raising taxes on residents. Objective Ia - Apply for state grants in the following three areas: special education, highway maintenance, computerization of public safety, response system. Objective Ib - Apply for federal funding in two areas: highway construction, and free lunch programs for three public schools. Objective Ic - Increase private contributions to the foundation supporting the public school system by 10%. Objective Id - Increase corporate tax revenu~s by 4%. Objective Ie - Project increases in residential tax revenues to be derived from increase in home assessments and in-migration by December 31. II SHARED VISIONII . A dream created in our waking hours of how we would like the community to be. . A clear state-ment of where the community or city is go~ng. . Vision provides direction, aligns key players, and energizes people to achieve a co~mon purpose. . Having an image of the cathedral as we mix the mortar. . . An ideal and unique ~mage of the future. . A mental image of a possible and desirable future state. . A condition which is better in some Duportant ways than what now exists. . Shared vision and values bind e-mployees together in working in common pursuits. . A vision must be communicated to be shared. . . Leadership in public organizations requires a vision that gives content ~~d character to the work of the organization. , QUESTIONS TO ASK YOURSELF IN CLARIFYING YOUR VISION · Hew would ycuTiket'o change the world for yourself and your organization? · If you could invent the future, what future would yeu invent for yourself and your organization? · What is the distinctive role or skill of the Ci ty? · About what do you have a burning passion? · What does your ideal organization look like? . One exercise would be to draft a vision statement in 25 words or less by writing your ideal or unique image of the futu;:e :for you and the City. · A vision should be clearly written in one page as a description of what is different in the world in three to five years because we exist and what role did we play in it? . Strategic Planning: A Step-by~Step Guide Following is an outl.ineofsteps. in the process and product ofsmlregic planning 1. Identify the need for strategic planning A. Explain the benefits of the strategic planning process B. Explain the strategic planning process C. Solicit support for the strategic planning process from 1. Elected officials 2. Senior appointed officials 3. Department heads and key staff 4. CitIZens . II. Announce the decision to use the process and the ex.pected benefits to A. Employees B. Key appointed members of boards, commissions. etc. C. The press, newsletters, etc. D. Citizens and other users of public services ill. Determine the structure of the process A. Decision-making approach (top-down, bottom-up. or combination) B. Review process . C. Approval process D. Schedule IV. Select the participants A. Elected officials B. Senior appointed officials C. Employees D. Public school officials E. External representatives 1. Citizens at-large or citizen groups 2. Board and commission members 3. The business community 4. Interest groups , v. Empanel the group A. Convene the flISt meeting B. .A.nnounce. appoint. or select a chainnan C. Issue the charge to the group D. Review the schedule . 1. Meetings 2. Products 3. First draft 4. Final draft 5. Reporting requirements and the review process 6. The aoproval process 7. Timing of the unplementation E. Announce support and incentives for the planning group 1. Rewards of success 2. SuopOrt of the local leadership 3. Gulaance available F. Develop committee structure. membership. and operating princ;ples VI. Lay the groundwork A. Identify the mission from the local charter. state law, or other source B. Develop a mission statement if none ex.i$ts C. Through interviews and other means. identify key local decision-makers and their inherent beliefs . VII. Conduct the environmental scan A. Structure the scanning matrix 1. Identify the environments to be scanned 2. Identify the environmental factors to be observed in each environment B. Using the environmental scanning matrix. (Figure 2.2), assign the review process for eacli cell (each factor within eacn environment) to a person or persons C. Ensure that participants develop a full understanding of each cell D. Reconvene the planning group or assemble the intelligence it has gathered E. Describe the possible scenarios for the future E. Detail the single description which most accurately depicts the future G. Ensure that participants discuss the description of the future for concurrence and understanding H. Review the scenario of the future and extract from it: 1. Internal weaknesses 2. Internal strengths 3. External opportunities 4. External threats VIII. Review the scan and its conclusions . A. Achieve the maximum consensus on goals B. Develop objectives for each goal C. Achieve the ma'timum consensus on objectives D. Develop strategies for each objective E. Achieve the maximum consensus on strategies F. Develop initial implementation plans G. Develop as many contingency situations as possible H. Develop plans for each contingency situation r. Develop control mechanisms and incorpora~e into the plan IX. Prepare a written plan A. Assign writers to prepare a draft B. Review draft internally C. Revise draft as needed D. Submit revised draft for external review to elected officials, civic groups, and other stakeholders . E. Revise draft again as needed F. Submit the plan to the governing body for official adoption XI. Publicize the plan to A. Constituents B. Media C. Others XII. Implement the plan A. Implement strategies B. Design and institute controls .. >> C Monitor and assess ongoing performance D. Assess feedback and revise implementation plans as needs XTII. Prepare for next planning cycle A. Ensure that feedback is captured for furore planning cycles B. Outline and schedule next planning cycle From "Stratevic Planninv for Local Govemmenrs",ICl.;fA (1993) . . Hennepin County An Equal Opporamity Empltryer December 20, 1999 James Hurm Shorewood City Administrator 5755 Country Club Rd. Shorewood, MN 55331 . Dear Jim: Re: Assessment Agreement A20408 This Assessment Agreement between the County of Hennepin and the City of Sho1"e\Vood expires July 31, 2000. Section 11 of this agreement provides that this agreement may be extended for a term of four (4) years by either giving the other written notice of its' intent to so extend no less than 150 days prior to the termination of this agreement. We would appreciate a written notice of your intent at your earliest convenience so we may start planning for the 2001 assessment. . We truly appreciate our professional association with the City of Shore wood and look forward to performing assessment services for the City. If you have any questions or concerns, feel free to call me at 348-3046. Very truly yours, ~;7j"1r Thomas 1. May Hennepin County Assessor .,-, Ie:: ~ 12 n vii f5r:c::' ir '01. C"":\ -.,...... . -' . li..".- - ..L: , -... I , ;1, hi. ut.l.; 2 21SSS ;' j 'U II' ,~, j: ~ I.;.; I IBy TJM:jn Cc: Keith Rennerfeldt County Assessor Department A~2103 Hennepin County Government Center Minneapolis, Minnesota 55487-0213 =l*'tp Hennepin County An EquaJ. Opponu:Ur, Ernplo,er June 5, 1999 ..-- --...-.. -;. _... ...... - -, -... . '-' --- ...~-,-' - . - ... '"j'.-::';' - ---- .- The Honorable Woody Love Mayor of the City of Shorewood 5755 Country Club Road Shorewood MN 55331 . Dear Mayor Love: Re: Contract Assessment Estimate for the 2000 Assessment To assist you in your budgeting process for 2000, we are providing an estimate for our contractual assessment charge. This estimate of. $68,900.00* is based on cm:rent unit pricing rates, established by the Hennepin County Board, applied to 25% of your total residential, commercial, industrial, apartment and vacant land parcels which we annually appraise. This same unit rate is also applied to the CUITent number of new constrUCtion units which we appraise annually. In addition, a charge is included for administration of statutory programs such as This Old House, limited market value, green acres and transit zone. . If you need more detail or have any questions, please feel free to call or write. Very truly YOUI'S7 ~~ Thomas 1. May Hennepin County Assessor TJM:jb Ene. cc: . Teri Naab County Assessor Deparanenr A~2103 Hennepin Count'( Govemmenr Center Minneapolis, Minnesota 55487-0213 rw:,dd Paper *First Half Payment of $34,450 Due December 1999 Contract No. A20408 AGREEMENT . THIS "AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota. hereinafter referred to as the "COUNTY', and the CITY OF SHOREWOOO, a political subdivision of the State of Minnesota, hereinafter referred to as .CITY"; WHEREAS, said CITY lies wholly within the COUNlY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said C/lY desires the COUNTY to perform certain assessments on behalf of said CI1Y; and WHEREAS, the COUNTY is WIlling to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The COUNTY shall perform the 1999 and 2000 property assessment for the CITY of SHOREWOOO in accordance with property assessment procedures and practices established and observed by the COUNlY, the validity and reasonableness of which are herebyacknowfedged and approved by the CITY. Any such practices and procedures may be changed from time to time. by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit.Ai; . attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the CO U NTY to carry out its herein responsibilities shall be fumished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement 3. The CITY agrees to furnish office space needed by the COUNTY, without charge, at appropriate places in the CITY's offices. The keys thereto shall be provided to the COUNTY. The CllY assures that such areas shalf not be unattended, during or after work of any kind by or on behalf of the CITY, in . any area occupied by the COUNTY as provided herein, or if unattended, the CITY shall make certain that such areas are rocked and secured. Such office space shall be sufficient in size to accommodate reasonably two {2} appraisers and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during the CtTY's business hours, and during all such hours the COUNTY shall be provided with revels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office .. furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, and telephone service to the COUNTY, all without charge to the COUNTY. 5. rt shall be the responsibility of the CITY to have available at the CITY's offices each CITY working day a person who has such knowfedge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive. evaluate and organize homestead applications. It shall also be the responsibility of the CITY to promptly refer any (2) . . homestead application which needs investigation to the COUNTY. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits or any prograrn, service or activity on the grounds of race, color, creed, religion. age, sex, disability, marital status, sexual orientation, public assistance status, ex- offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shaH have no contractual relationship with the COUNTY and shaU not be considered employees of the COUNTY and any and all daims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all cfajms whatsoever on behalf of any such person or personnel arising out of employment or alleged employment incfuding,without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be "the responsibility of the COUNTY, and em shall defend. indemnny and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers hannless from any and aU such claims regardless of any determination of any pertinent tnbunal, agencl, board, COmmission or court. Such personnel or other persons shall not require nor be entitled to any i ~ l lo. 1 1 f f (3) compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay and P .E.RA 8. CITY agrees that it wiU defend and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liabiiity (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by any act or omission of the CITY, its officsrs, agents, contractors, employees or duly authorized volunteers in the performance of the responsibiiities provided by this Agreement 9. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and excJusive remedies for any breach of this Agreement by the COUNTY and for COUN1Y's "ability of any kind whatsoever, including but not limited to liability for negligence with respect to the services hereunder, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. In no event shall the COUNTY be liable for special. in~dentaf. or consequential damages or for any business or financial lass whatsoever. 10. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, ~ulting from causes beyond the reasonable control of such party, which causes shaD include, . . (4) . . but are not limited to, acts of God, labor disputes, acts of civil or mirltary authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 11. This Agreement shall commence on September 1, 1998, and shall terminate on July 31, 2000. ather party may initiate an extension of this Agreement fOr a term of four (4) years by giving the other written notice of its intent to so extend no less than 150 days prior to the termination of this Agreement If the party who r&'~ives said notice of intent to extend gives written notice to the other party of its desire not to extend within 110 days prior to termination of this Agreement, this Agreement shalf terminate on July 31, 2002. Nothing herein shalf predude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shalf be on the same terms and conditions set forth herein. Either party may terminate this Agreement for 1ust cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or which said representatives had a reasonable opportunity to attend, provided that after such detennination, any part desiring to cancel this Agreement may do so by gMng the other party no less than 120 days' written notice. If the CITY should cancel this Agreement, l as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, (5) ~ 1 its officials, officers, agents, employees and duty authorized volunteers harmless from any liability that might ensue as a result of the non-completion of a property tax assessment For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 12. A In consideration of said assessment services, the CITY agr~-s to pay the COUNTY the sum of Sixty-Five Tnousand ($85,000.00) Dollars for each assessment, provided that any payment for the current year's assessment may . be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year's assessment The amount of any increase or decrease shall be specified in the billing for the current year's assessment 12.8. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $65,000.00 may also . be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new. construction and new parcel appraisals, gasoline, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and/or 2) The COUNTY reasonably detem1ines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant to th is paragraph 12(b), it shall give written notice thereof by June 15 of any year (6) . . and such increase shall appiy to the assessment for the calendar year next fai/owing the current calendar year. Any such notification shalf specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated cos"'~ of new construction and new parcel appraisals, exceeds ten (10%) percent of the amount charged for the assessment for the then current calendar year, exc!usive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shalf be effective no earlier than five (5) days after the receipt of said notice by the COUNlY and not later than July 31 of said current calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a pric...a..change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price increase exceeds said ten (10%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price-change notice, provided further that any such canceflation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancelJation notice and not later than forty-six (46) days after the. ClITs receipt of any said price-increase notice. Payment by the CITY for each assessment shafl be made in the following manner. Approximately one-half (112) of the cost of an assessment (the amount payable being set forth in a biD sent by the COUNTY to the CITY) (7) shall be paid by the CITY no later than the fifteenth (15) day of the December which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the pertinent assessment year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within fifteen (15) days after receipt thereof. In the event the CITY receives a bill lass than fifteen (15) days before said December 15 or said July 15, such bill shall be paid not more than fifteen (15) days after its receipt. 13. Any notice or demand, which mayor must be given or made by a party hereto, under the terms of this AgreoJl1ent or any s"'lCrtute or ordinance, shalf be in writing and shall be sent registered or certified mail to the other party . addressed as follows: . TO CITY: Mayor, City of Shorewood 5755 Country Club Road Shorewood, MN 55331 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 . copies to: Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, (8) . properly addressed, postage prepaid, registered or c....~ed mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereaTter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 14. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8,11, and 12 hereof and the obligations of the CITY which, by their sense and context, are intended to sUlVive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of th is Agreement . [This space left intentionally blank] (9) IN WITNESS WHEREOF. the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this' ~ J- c.- day Ofh.f . 19' COUNTY OF HENNEPIN. STATE OF MINNESOTA APPROVED AS TO FORM: / . ATTEST:' "- 1. ~ C[e1 of the County CITY OP SMREWOOD ~ /7 By: /:~ Uk/ Its ry;" or "" 4/>/' , ;1' ." . I'! And: .,-vv\.,\.<J [. WJt,{./I/L'V \. Its ?fi Clerk! Adminis~tor \I The above Agreement No. A20408 is hereby approved by the Commissioner of Revenue this ~7n.. day OF~.. .,~~ _ ,'I,998.q,~; I ~J / zt?/ \ \/ 7 \, ~ ~~ . ,'. /J. ;C-:..,:;-.-=-L r-;;CCOMMISS'ONER OF REVENUE . (10) ~ , ; . Contract No. A2040a EXHIBIT A CITY OF SHOREWOOD 1. Physically inspect and revalue 25% of the feal property, as required by law. . 2. Physically inspect and value all new construction, additions and renovation. 3. Conduct valuation reviews prior to Board of Review _ approximate dates: March through May 15. 4. Attend Board of Review. Per Board request, make all necessary review appraisals. Approximate dates: April 1 - May 31 . 5. Keeo ucdated field card file - current values, homestead and clasSifiCation data. . 6. Print. mail and post valuation notices and homestead cards. 7. Respond to taxpayers regarding assessment or appraisal problems or inquiries periodically during contract term. a. Make divisions and combinations periodically during contract term. 9. Initiate, for the taxpayer, abatement applications periodically during contract term, as requested. 10. Make appraisals for, testify or negotiate all District Court or Tax Court filings during the contract term.. 11. Post values from appraisal cards to assessment roUse 12. As needed, per sales analysis, adjust estimated market values on those properties not physically inspected. r;\Civision\Civi~ Caunty\QyofShOlE!WcCd-A~.doc (11) ; i .