10-26-15 CC Reg Mtg AgendaP
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, OCTOBER 26, 2015 7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Zerby___
Labadie___
Siakel___
Sundberg___
Woodruff___
B. Review Agenda
Attachments
2. APPROVAL OF MINUTES
A. City Council Executive Session Minutes of October 7, 2015 Minutes
B. City Council Regular Meeting Minutes of October 12, 2015 Minutes
3. CONSENT AGENDA
– Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. Approval of the Verified Claims List Claims List
B. 2016 Community Tree Sale Communications/Recycling
Coordinator’s memo
C. Accept Donation for Arctic Fever Finance Director's
memo
D. City Administrator Position City Administrator’s
memo
E. Wireless Microphone for Council Chambers Clerk’s memo
F. 2016 Concession Operations Agreement Park and Rec Coordinator’s
memo
4. MATTERS FROM THE FLOOR
(No Council Action will be taken)
5. REPORTS AND PRESENTATIONS
A. Commissioner Jan Callison annual update
B. Chamber Board Member Aaron Thompson update on Chamber events
CITY COUNCIL REGULAR MEETING AGENDA – October 26, 2015
Page 2
6. PUBLIC HEARING
A. Star Lane and Star Circle Improvements, City Project 14-11 Engineer’s memo,
Resolution
B. Islandview Properties – Vacation of Sanitary Sewer Easement Planning Director’s
memo, Resolution
7. PARKS
A. Report by Representative on the October 13 Park Commission meeting Minutes
B. Badger Park Hennepin Youth Sports Program – Authorize Application Planning Director’s
memo, Resolution
8. PLANNING
Minutes
A. C.U.P. for Accessory Space over 1200 Sq. Ft. Planning Director’s
Applicant: Stephen Ferraro memo, Resolution
Location: 5645 Grant Lorenz Rd
B. Zoning Text Amendment Regarding Signs in Cemeteries Planning Director’s
Applicant: Woodside Cemetery Association (Rep. Dan Randall) memo, Ordinance
Location: 27175 Smithtown Road
9. ENGINEERING/PUBLIC WORKS
A. Speed Study - Eureka Road between TH 7 and Smithtown Road Engineer’s memo
nd
B. Speed Study - Cathcart Drive between West 62 Street and Smithtown Rd Engineer’s memo
10. GENERAL/NEW BUSINESS
A. Public Safety Facility Bond Refunding Finance Director’s memo,
Resolution
B. Permit / Complaint Tracking System
C. LMCC A/V Support Program LMCC’s memo
D. Forester/Arborist Position
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Trails Schedule Trail Schedule
B. Mayor and City Council
12. ADJOURN
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, October 26, 2015
7:00 p.m.
An EDA meeting will immediately follow the City Council Regular meeting this evening.
Agenda Items #2A & 2B: Approval of Minutes from the October 7 Executive Session and October
12 Regular City Council meetings.
Agenda Item #3A: Approval of the verified claims list.
Staff recommends participation in the 2016 City of Minnetonka Tree Sale,
Agenda Item #3B:
at the same level as was conducted in 2015. Pre-orders will be taken to provide residents
with a wider variety of tree choices. Staff expects all of the trees ordered will be
purchased by residents, and recommends an amount not to exceed $7400.
Agenda Item #3C: This motion accepts a $100 donation from Mediacom Communications Corp. and
$500 from the American Legion Post 259 for the January 15-17, 2016, Arctic Fever event.
Agenda Item #3D: This motion approves the Agreement for Professional Services which extends the
employment relationship with City Administrator Bill Joynes through September 30, 2016, at an
hourly rate of $75/hour.
Agenda Item #3E: This motion approves the purchase of a wireless microphone for $535 for the City
Council chambers which will give presenters more flexibility when providing reports and
presentations to the city council. LMCC Operations Manager Jim Lundberg will provide the
microphone installation for no charge.
Agenda Item 3F: The Park Commission recommends the approval of the Concession Agreement for
2016 with Russ Withum. Mr. Withum has done a very good job with the concessions since 2005.
He will pay the city $394 for the 2016 season.
Agenda Item #4: Matters from the Floor – no council action will be taken
Agenda Item #5A: Commissioner Jan Callison will be present to provide an update on Hennepin
County issues and activities.
Agenda Item #5B: Chamber Board Member Aaron Thompson will be present to provide an update on
Chamber activities.
Agenda Item #6A: A public hearing will be held for the adoption of the assessment roll for the Star
Lane and Star Circle Improvement project. A resolution is provided for Council’s consideration.
Executive Summary – City Council Meeting of October 26, 2015
Page 2
Islandview Properties LLC, has requested permission to relocate the
Agenda Item #6B:
sanitary sewer line on the lake side of the existing home at 27860 Island View Road. A
public hearing has been scheduled for Monday night’s meeting to consider vacation of the
existing easement and replacement with a new easement. Staff recommends approval,
subject to the applicant resolving items contained in the City Engineer’s memorandum to
the Planning Director (included in your packet). As a reminder, approval requires a four
fifths vote of the City Council.
Agenda Item #7A: A representative will provide an update on the October 13, 2015, Park
Commission meeting.
Staff has continued to work with Minnetonka Lacrosse on a grant
Agenda Item #7B:
application for artificial turf for Badger Field. The material in your packet requires a bit of
refinement, particularly elaboration on the budget section. At present it appears that the
total amount of the project will be somewhere between $625, 000 and $700,000, of which
the Park Commission has recommended the City’s share would not exceed $150,000. If
agreeable staff will finalize the application and submit it before the 2 November deadline.
Stephen Ferraro has requested a conditional use permit to construct a
Agenda Item #8A:
detached garage that would bring the total amount of accessory space on his property
over 1200 square feet in total floor area. After holding a public hearing on the application,
the Planning Commission found that the request complied with criteria in the Zoning Code
and voted unanimously to recommend approval of the C.U.P.
Dan Randall, caretaker/trustee, for the Woodside Cemetery on Smithtown
Agenda Item #8B:
Road, just west of Cajed Lane, has requested a Zoning Code text amendment that would
allow an identification sign, mounted on a traditional cemetery entry arch. The Planning
Commission, after holding a public hearing at its last meeting, voted unanimously to
recommend approval of the amendment, which is included in your packet.
Agenda Item #9A: Staff has provided the result of the Speed Study on Eureka Road between TH 7
and Smithtown Road.
Agenda Item #9B: Staff has provided the result of the Speed Study on Cathcart Drive between West
nd
62 Street and Smithtown Road.
Agenda Item #10A: This item addresses the public safety facility bond refunding.
Agenda Item #10B: Mayor Zerby would like to have a discussion regarding a permit / complaint
tracking system.
Agenda Item #10C: Attached is correspondence from the Lake Minnetonka Communications
Commission regarding its audio/video support program. Mayor Zerby will discuss further.
Agenda Item #10D: Council may determine how it wishes to proceed with the Forester/Arborist
position.
Agenda Items 11A: Staff reports are included in the packet and will be provided at the meeting.
#2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL EXECUTIVE SESSION COUNCIL CHAMBERS
WEDNESDAY, OCTOBER 7, 2015 12:00 PM
1. CONVENE CITY COUNCIL EXECUTIVE SESSION
Mayor Zerby called the meeting to order at 12:02 PM.
A. Roll Call
Present. Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg and Woodruff; Attorney
Keane; City Administrator Joynes; Planning Director Nielsen; Finance Director
DeJong
Absent: None
B. Review Agenda
Siakel moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0.
The purpose of the executive session was to discuss the legal options for the Southshore Center, and the
City Administrator search. The session was closed pursuant to Minn. Stat. 13d.05 Subd. 3.
2. SOUTHSHORE CENTER DISCUSSION OF LEGAL OPTIONS
3. CITY ADMINSTRATOR POSITION
4. ADJOURN
Siakel moved, Woodruff seconded, Adjourning the City Council Executive Session of October 7,
2015, at 2:16 P.M. Motion passed 5/0.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
#2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, OCTOBER 12, 2015 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Acting Mayor Siakel called the meeting to order at 7:00 P.M. She noted that during her almost three years
as Acting Mayor this is the first time Mayor Zerby has not attended a Council meeting.
A. Roll Call
Present. Acting Mayor Siakel; Councilmembers Sundberg and Woodruff; Attorney Keane; City
Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning
Director Nielsen; Director of Public Works Brown; and City Engineer Hornby
Absent: Mayor Zerby and Councilmember Labadie
B. Review Agenda
Sundberg moved, Woodruff seconded, approving the agenda as presented. Motion passed 3/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, September 28, 2015
Woodruff moved, Sundberg seconded, Approving the City Council Work Session Minutes of
September 28, 2015, as presented. Motion passed 3/0.
B. City Council Regular Meeting Minutes, September 28, 2015
Woodruff moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of
September 28, 2015, as presented. Motion passed 3/0.
3. CONSENT AGENDA
Acting Mayor Siakel reviewed the items on the Consent Agenda.
Woodruff moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolution Therein.
A. Approval of the Verified Claims List
B. Retirement Recognition for Pat Fasching
C. Authorize Submittal of the Three Rivers Park District Regional Trail System
Winter Use Permit
D. Accept Donations for the Arctic Fever Event
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
October 12, 2015
Page 2 of 7
E. Adopting RESOLUTION NO. 15-071 “A Resolution Approving Licenses to
Retailers to Sell Tobacco Products for CUB Foods Shorewood, Holiday Stationstore
#12, Lucky’s Station LLC #7, Shorewood Cigars and Tobacco, Inc., and Wine &
Spirits by JD dba MGM Liquors.”
Councilmember Woodruff asked if the section of the Lake Minnetonka LRT Regional Trail that is in the
City of Tonka Bay needs to be part of this Three Rivers Park District Regional Trail System Winter Use
Permit for the next three years so Shorewood can plow it. Director Brown noted that Tonka Bay staff
does not want Shorewood to plow that section which is about 400 feet long. Councilmember Sundberg
stated that leaves a section of the trail between Shorewood and the City of Excelsior unplowed. She asked
if Tonka Bay signs a similar permit. Brown stated it does not. Sundberg stated a lot of people use that
Trail (including that section in Tonka Bay) year round, noting a lot of them are runners. Not plowing that
short section may make Tonka Bay prone to liability issues. She asked if Shorewood has any recourse.
Brown stated he will pass along Council’s concern about not plowing that short segment of the trail to
Tonka Bay staff. Woodruff stated he also has a concern about that section not being plowed. He
encouraged Sundberg to attend a Tonka Bay Council meeting and express her concerns to that Council.
Sundberg noted she would do that.
Motion passed 3/0.
4. MATTERS FROM THE FLOOR
George Greenfield, 24715 Yellowstone Trail, asked where on the agenda a person from the audience
could comment on Council’s September 28 meeting regarding the former Minnetonka Country Club
(MCC) redevelopment project. Acting Mayor Siakel stated Council closed the public hearing on the MCC
Concept Stage of that project during its September 28 meeting. Therefore, there would not be another
opportunity to take public comment on the Concept Stage plans. If Council adopts the resolution
amending the Comprehensive Plan and a resolution approving the planned unit development (PUD)
concept plan for that redevelopment then there would be another public hearing for the Development
Stage plans and public comment would be taken then. Mr. Greenfield asked when that public hearing
would be. Attorney Keane stated that depends on when the applicant submits Development Stage plans.
The Planning Commission would discuss those plans first and then Council would discuss them. Siakel
stated the public would be able to bring additional concerns forward during the Development Stage public
hearing. Mr. Greenwood asked if that would be during a Council meeting. Director Nielsen clarified that
the Planning Commission would hold the public hearing. Mr. Greenfield expressed concern that the full
Council would not hear the public’s comments because the full Council would not be at the public
hearing held by the Planning Commission. Councilmember Sundberg noted that she plans to be at that
hearing. Siakel stated she anticipates that if some members of Council do not attend that hearing they
would watch the meeting on line. Council would also receive a copy of the minutes for that Planning
Commission meeting and the public’s comments would be documented in those minutes.
5. PUBLIC HEARING
6. REPORTS AND PRESENTATIONS
7. PARKS
8. PLANNING
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
October 12, 2015
Page 3 of 7
Planning Commissioner Maddy reported on matters considered and actions taken at the October 6, 2015,
Planning Commission meeting (as detailed in the minutes of that meeting).
A. Minnetonka Country Club Development
Applicant: Mattamy Homes
Location: 24575 Smithtown Road (Former Minnetonka Country Club Property)
Director Nielsen explained that during its September 28, 2015, meeting Council directed staff to prepare a
resolution adopting an amendment to the Comprehensive Plan Land Use Map that would change the land
use of the former Minnetonka Country Club property, located at 24575 Smithtown Road, from “Semi-
Public” to Low Density Residential (1 – 2 units per acre)”. Council also directed staff to prepare a
resolution approving a planned unit development (PUD) concept plan for Mattamy Minneapolis for the
redevelopment of that property. The resolution stipulates the applicant shall enter into a pre-development
agreement (an exhibit is attached to the resolution) prior to submitting an application for Development
Stage plan approval. The City chose to do a pre-development agreement for this project because of the
complexity of the project. The City will require larger escrows on the application process than it would
normally require. He noted the applicant would like to move forward with soil remediation on the site and
needs Council approval to do that.
Councilmember Sundberg stated based on what she has read it seems like the soil remediation would be
focused on the greens and tee boxes. Director Nielsen clarified the greatest focus would be on the greens.
Sundberg expressed concern that the focus of the remediation may be too narrowly defined. Nielsen
explained the developer has done a series of soil tests across the site. The soil remediation plan would be
subject to review and comment by the Minnesota Department of Agriculture and the Minnesota Pollution
Control Agency (MPCA). The two agencies have to approve the plan. Once the plan is approved and
executed the developer would receive letters of no further action which would indicate the site has been
cleaned up. He then explained a question was raised about possible pollution in the small wetlands. He
has been told the heavy metals, particularly mercury, settles to the bottom of the wetland and does not
drain off. The City would require the wetlands be spot checked to make sure that has not occurred. That
would also be subject to the approval of the two agencies. Sundberg asked if the language in the concept
plan should be broader. Nielsen noted the letters of no further action would need to be provided with the
Development Stage plans.
1. Comprehensive Plan Amendment
Sundberg moved, Woodruff Seconded, Adopting RESOLUTION NO. 15-072, “A Resolution
Adopting an Amendment to the Shorewood Comprehensive Plan 2009 Pertaining to the
Redevelopment of the Minnetonka Country Club Property, 24575 Smithtown Road.” Motion
passed 3/0.
2. Concept Stage Approval of a Planned Unit Development
Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 15-073, “A Resolution
Approving a Planned Unit Development Concept Plan for Mattamy (MPLS) Partnership
(Minnetonka Country Club Redevelopment).”
Councilmember Sundberg stated she wants to assure residents that all of the members of Council have
intently listened to the concerns they have raised. The next phase of the PUD process is the Development
Stage and that is when the project details are worked out. She noted the devil is in the details. She also
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
October 12, 2015
Page 4 of 7
noted that Council is not “rubber stamping” this project. Council has only approved the concept plans.
Councilmember Woodruff concurred and reiterated the details would be worked out in the next phase.
Councilmember Woodruff stated that after the Planning Commission holds its public hearing on the
Development Stage plans he thought Council would allow an opportunity for residents to come before
Council. Councilmember Sundberg concurred.
Motion passed 3/0.
3. Authorize Soil Remediation
Woodruff moved, Sundberg seconded, authorizing Mattamy Minneapolis to move forward with soil
remediation work on its property located at 24575 Smithtown Road (the former Minnetonka
Country Club property).
Councilmember Sundberg asked if this is the appropriate place to address what to do about fallen trees
and mowing the grass on the project site. Director Nielsen stated the developer has indicated it was in the
process of hiring a contractor to deal with the fallen trees. Nielsen explained that keeping the lots
somewhat groomed would be addressed in development plans.
Motion passed 3/0.
B. Contracting for Planning Assistance
Administrator Joynes stated Council has previously discussed the staff expertise that would be needed to
deal with the public space that would be deeded to the City after the redevelopment of the former
Minnetonka Country Club (MCC) property is complete. That public space would be about 40 acres in
size. The City’s goal would be to keep that area as natural as possible and as low maintenance as possible.
Staff is asking Council to hire a contractor with that type of expertise in restoration and planting of natural
areas. The meeting packet contains a copy of a memorandum from Director Nielsen regarding the hiring
of a contract resource to do that. Staff expects that to be a very limited and short-term contract. Hiring a
contractor with that expertise would help ensure the correct types of materials were planted. He noted that
the cost for those services would be passed on to the developer; that is stipulated in the pre-development
agreement.
Councilmember Sundberg stated she wants assurance that the planning needs could be met with the
current staffing. There planning demands from the redevelopment project alone would be significant.
There would also be demands from other projects.
Director Nielsen noted the individual being recommended to provide environmental contract services
does planning work as well. He stated if the Planning Department would end up needing planning
assistance the individual could provide that but he does not think that would happen. Staff does need
assistance with the environmental components of the project. Those efforts would be time consuming and
staff does not have the expertise.
Administrator Joynes stated if staff determines there is a need for additional planning support staff will
ask Council to authorize hiring that support.
Councilmember Sundberg cautioned Administrator Joynes against taking on this work load with lean
staffing.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
October 12, 2015
Page 5 of 7
Acting Mayor Siakel stated she has spoken with both Administrator Joynes and Director Nielsen about
this overlapping with succession planning because there had been discussion about bringing an additional
person on in the Planning Department as a successor to Nielsen. She then stated she supports moving
forward with contracting out for these services because the contract services would focus on the MCC
redevelopment project. She thought having a person with strong environmental expertise would be helpful
for that project. She noted she had made it clear to Joynes and Nielsen that there needs to be
followthrough on succession planning for the Planning Department.
Councilmember Woodruff stated he takes staff at their word that the individual they are recommending is
well known to the City and that she is eminently qualified to do what staff would ask of her. He noted that
the City does not have a person in house with the environmental expertise that would be needed for the
redevelopment project.
Councilmember Sundberg noted she supports moving forward with this. She stated if staff determines
there is a need for additional help to do planning activities she encouraged staff to ask Council to
authorize that.
Sundberg moved, Siakel seconded, authorizing staff to contract with Northwest Associated
Consultants for the services of Michelle Barnes to provide services related to the environment and
the planting of natural areas for the former Minnetonka Country Club redevelopment project.
Motion passed 3/0.
9. ENGINEERING/PUBLIC WORKS
10. GENERAL/NEW BUSINESS
A. Urban Forester/ISA Certified Arborist
Administrator Joynes explained that over the last two years Council has discussed the issue of forestry
services for the general community as well as support for staff to complete the tree inventory for City-
owned properties and plan for how to deal with diseased trees. Per Council’s request staff solicited
responses to a request for proposal (RFP) to provide those services. The City received four responses and
copies of them had been provided to Council. He clarified that this evening he is seeking guidance on
how to proceed with vetting the responders. He stated he thought the discussion was to some extent part
and parcel with succession planning. There has been discussion about offloading these responsibilities
from the Planning Department because they are different from most planning activities. He thought it
prudent going forward to have someone on contract or retainer to provide the services on an as needed
basis. Council needs to decide what type of services the City needs and the level of that need. He clarified
there is no rush on doing this and that it may be better to wait until a full Council is present.
Councilmember Sundberg suggested waiting on this item until Mayor Zerby was present because he is
quite interested in this. She noted she is also quite interested in this.
Acting Mayor Siakel stated she thought it would be better to have a full Council approve it. She does
think it would be okay to move forward with interviewing a few of the responders. She asked if a
Councilmember would like to be involved in the interview process. She stated Council could nominate
Mayor Zerby to be involved but that would slow the process down.
Administrator Joynes stated staff could prepare a matrix comparing the responders’ expertise and costs.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
October 12, 2015
Page 6 of 7
Councilmember Sundberg stated this does seem to fit in with succession planning. Therefore, another
option would be for the Personnel Committee Members (which include Acting Mayor Siakel and
Councilmember Woodruff) to work with staff on the interviews.
Councilmember Woodruff stated he thought the City received four qualified responses. Two of them
appear to be more of a company/team proposal and two are from individuals. His preference would be to
contract with an individual. If Council selects a company he would like an individual identified that
would provide the services for continuity reasons, particularly if that individual would interact with the
public. He then stated range of the costs for the services is quite wide. He suggested staff vet the people
and rank them. He stated he could not add a lot to that discussion. He noted that he personally knows a
little about one of the firms.
Councilmember Sundberg stated that one of the concerns with contracting with an individual to person
provide the services is their skills would be more limited than if the City contracted with a firm. A firm
would have access to a variety of skills and resources.
Acting Mayor Siakel stated she would support Councilmember Sundberg working with staff on this if she
wants to. Sundberg stated she would like to do that.
B. City Administrator Position
Acting Mayor Siakel stated that because of the very important things that are happening within the City
(e.g.; the redevelopment of the former Minnetonka Country Club property and various other projects) a
decision had been made to ask Administrator Joynes if he would stay on as City Administrator for a while
longer for consistency and continuity reasons. Joynes has indicated he would be willing to do that. A
contract has to be prepared for Council to approve. Joynes will be asked to stay on through September
2016.
Councilmember Woodruff stated he continues to believe there are a lot of advantages to having a full-
time city administrator. He would not oppose keeping Administrator Joynes on board at least through the
first two-thirds of 2016. He thought Joynes has done a good job for the City and that having continuity for
the City would be important. He noted that he does not want Council to give up on hiring a full-time
administrator no later than the end of 2016.
Councilmember Sundberg stated she would support this. She stated she thought Administrator Joynes has
done an outstanding job helping the City navigate the MCC redevelopment project to date. She does not
think the City could replicate the depth of Joynes’ experience; experience that is needed during this
critical time period. She thought bringing on a new administrator at this time would be irresponsible at
this time. She noted that she continues to believe the City needs a full-time city administrator and she
does not intend to back away from that position.
Councilmember Woodruff stated Council voted to start a search for a new city administrator. He asked if
Council needs to vote to put that search on hold.
Woodruff moved, Sundberg seconded, putting the search for a new city administrator on hold until
at least the second quarter of 2016. Motion passed 3/0.
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
October 12, 2015
Page 7 of 7
1. Trail Schedule
Acting Mayor Siakel noted the meeting packet contains a copy of the Trail Schedule.
Engineer Hornby noted the Smithtown Road Sidewalk East Extension Project schedule is up to date. He
also noted the contractor will begin removing trees this fall and that major construction will begin in May
2016 with the project being substantially completed by the end of June 2016. He stated the slope
stabilization is in for the Excelsior Boulevard trail segment and the base for that trail segment has been
put down. It is his understanding that the trail segment and Excelsior Boulevard would be paved this
week pending weather conditions.
Other
Director DeJong stated the sale for the refunding of the bonds for the public safety facilities will be on
Council’s November 23 agenda. The call for sale will be on the agenda for Council’s October 26 meeting.
Director Nielsen noted the past weekend was the second weekend for the Deer Management Program.
Four deer were harvested.
B. Mayor and City Council
Councilmember Sundberg asked when the Traffic Committee’s first meeting will be. Engineer Hornby
responded October 22 at 5:30 P.M. at City Hall. Sundberg noted that she plans on attending that meeting.
Acting Mayor Siakel noted she attended the recent Lake Minnetonka Communications Committee
(LMCC) on behalf of Mayor Zerby. She stated the Commission approved distributing some of the
LMCC’s reserve funds to the LMCC member cities with the caveat that the cities use the funds to update
and purchase audio visual/technology equipment. She then stated she attended a joint meeting of the
Excelsior Fire District (EFD) Board and the South Lake Minnetonka Police Department (SLMPD)
Coordinating Committee regarding the Shorewood Economic Development Authority’s proposal to
refund the bonds for the public safety facility. The refunding would ultimately save the EFD and SLMPD
member cities a total of about $438,000. She thanked Administrator Joynes and Director DeJong for
working with the City’s bond consultant and financial advisor on this.
12. ADJOURN
Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of October
12, 2015, at 7:38 P.M. Motion passed 3/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
#3A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Verified Claims
Meeting Date: October 26, 2015
Prepared by: Michelle Nguyen, Senior Accountant
Bruce DeJong, Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
61962-61964 & ACH 49,807.63
Pending 61965-61994 & ACH 233,834.47
Total Claims $283,642.10
We have also included a payroll summary for the payroll period ending October 18, 2015.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents an
budgeted and available for these purposes.
Options:
The City Council is may accept the staff recommendation to pay these claims or may r
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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#3B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: 2016 Community Tree Sale
Meeting Date: October 26, 2015
Prepared by: Julie Moore, Communications/Recycling Coordinator
CC: Bill Joynes, City Administrator
Background
The City of Shorewood has participated in the Minnetonka tree sale for three of the past four years with
huge success. Residents have been very open to the tree sale and we have added a diverse selection of
trees to the community. Minnetonka has again offered to let Shorewood participate in their spring tree
sale. This year, we will continue the pre-sale option utilized for the 2015 sale before we order trees. All
trees ordered are guaranteed free of neonictinoids as per our new Bee Safe ordinance.
To meet the needs of residents that do not want to order so far in advance, we would still purchase a
limited selection of trees that we would have to pre-pay for and get reimbursed upon ordering. In the
past we have ordered $7,400 in trees.
Staff Recommendation
Staff recommends Council authorize the expenditure of funds up to $7,400 for trees to be pre-paid by
the city and reimbursed by residents who do not pre-order trees. Any pre-orders received will be
deducted from the $7,400, making the city pre-paid order lower.
Timeline
Upon City Council approval, the pre-order form will be in the December newsletter and advertised on
the city website, and the trees purchased by the city will be advertised starting in the February
newsletter.
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
#3C
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Accepting Donations for the Arctic Fever Event
Meeting Date: October 26, 2015
Prepared by: Bruce DeJong, Finance Director
Policy Consideration: All donations to the City of Shorewood must be accepted by the City Council.
Background: Mediacom Communications Corp. has donated $100 and the American Legion Post #259
has donated $500 for the Arctic Fever event. The contributions are voluntary in nature.
Financial or Budget Considerations: These donations will help to cover expenses of the 2016 Arctic
Fever event that will held the weekend of January 15-17, 2016.
Options:
Accept the Donations, or
Reject the Donations
Recommendation / Action Requested: Staff recommends that the donations be accepted, and a thank
you note will be mailed to Mediacom Communications Corp. and the American Legion Post #259.
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
#3D
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: City Administrator Position
Meeting Date: October 26, 2015
Prepared by: Bill Joynes, City Administrator
CC: Timothy J. Keane, City Attorney
Attachments:
Background:
At its Executive Session on October 7, 2015, and its Regular meeting on October 12, 2015, the City
Council discussed the City Administrator position and determined to postpone the hiring of a full-time
Administrator to the fall of 2016. Council agreed to extend Administrator Bill Joynes’ contract through
September 2016.
The attached Agreement for Professional Services extends the employment relationship in terms of time
commitment and duties starting January 1, 2016 through September 30, 2016, and at an hourly rate of
$75/hr.
Council Action:
A motion approving the Agreement for Professional Services for City Administrator Bill Joynes, as
provided.
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
Agreement for Professional Services
City Administrator
This professional services contract (the “Agreement”) is made and entered into this
________ day of October 2015 by and between William S. Joynes, 109 Paisley Lane, Golden
Valley, MN 55422 (“Joynes”), and the City of Shorewood, Minnesota, a Minnesota municipal
corporation (the “City”).
Recitals
1. The City is a municipal corporation organized under the laws of the State of
Minnesota; and
2. The City has determined that it is in the best interests of the City and its citizens
to contract for City Administrator services consistent with Minnesota Statutes;
and
3. William S. Joynes, has the experience and credentials to provide the City with
City Administrator services; and
4. The City and Joynes desire to amend and extend the agreement for City
Administrator services dated January 7, 2013, on the terms set forth below.
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
below, the parties agree as follows:
Article I
Purpose
The purpose of this City Administrator Agreement is to establish the rights and
obligations of the parties whereby Joynes will provide City Administrator services to the City.
Article II
Term
The term of this Agreement shall be January 1, 2016 through September 30, 2016, or
such completion date as mutually agreed by the parties. The parties may renew this Agreement
for successive one-month terms by amending the Agreement in writing any time prior to the
expiration of the current term.
Article III
Termination
This Agreement may be terminated by the City during the first eight months upon
payment to Joynes a single payment in the amount of $25,000.00. Thereafter, this Agreement
1
4812-9241-6041.1
may be terminated by either party by providing fourteen (14) days written notice delivered at the
parties address written above. Upon termination under this provision, if there is no fault of
Joynes, Joynes shall be paid for services rendered and reimbursable expenses until the effective
date of termination.
Article IV
Scope of Services
Joynes as City Administrator will assume all duties, powers, responsibility and
obligations of the position of City Administrator consistent with the laws of the State of
Minnesota, subject to the direction of the City Council. Such services shall be provided to the
City based upon Joynes rendering 25-30 hours of services per week. The schedule of office
hours shall be at least three days per week and further agreed upon by both parties. The services
shall include, but not be limited to:
Normal and customary duties of a City Administrator performed to the standards
established by the ICMA; and
Advice and consultation to City Council and staff relating to establishing council goals
and policies; and
Management of City Staff, execution of City goals and policies at the direction of
council; and
All other tasks and duties as determined by the council to be in the best interest of the
City.
Article V
Cost of Service
The City agrees to pay Joynes for services at the rate of $75/hour, together with a
monthly insurance stipend in an amount equal to the amount contributed by the City to
customary city employees. The annual compensation under this Agreement shall not exceed
$120,000 without the mutual written agreement of the parties.
Article VI
Expenses
The City shall reimburse Joynes for customary out-of-pocket expenses incurred in the
normal course of discharging its services under this Agreement.
Article VII
Method of Payment
Joynes will invoice the City and the City shall remit payment to Joynes on a monthly
basis for professional services performed under this Agreement.
2
4812-9241-6041.1
Article VIII
Employment Status and Control of Work
At all times and for all purposes herein, Joynes is an independent contractor. Reporting
and work direction for the City Administrator will be provided by the City Council.
Article IX
Insurance and Liability
a.Insurance - The City agrees to provide Joynes the following liability coverages: (1)
Commercial general liability with a minimum liability limit of $1,500,000 per
occurrence; and (2) Automobile liability, including owned, hired, and non-owned
automobiles with a minimum liability limit of $1,500,000 per occurrence. Said liability
coverage shall be through the League of Minnesota Cities Insurance Trust (LMCIT)
using standard LMCIT liability coverage forms or from a reputable insurance company
authorized to do business in Minnesota. The City agrees to name Joynes as an additional
insured for the purpose of execution of duties of the City Administrator.
b.Liability - The City agrees to defend and indemnify Joynes from and against all claims,
actions, damages, losses, and expenses arising out of Joynes’ performance of failure to
perform its duties arising under this Agreement.
Article X
Ownership of Work Product
All work documents, ideas, products, plans, analyses, reports and information generated
by Joynes in connection with the performance of this Agreement shall be the property of the
City. The City may use the work product for its purposes.
Article XI
General Provisions
a. Amendments – Any modification or amendment of this Agreement shall be in writing
and signed by both parties.
b.Governing Law – This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Minnesota.
c.Captions – Any captions or heading contained in this Agreement are included for
convenience only and form no part of the agreement between the parties.
d.Saving Clause – If any court finds any portion of this Agreement to be contrary to law or
invalid, the remainder of the Agreement will remain in full force and effect.
3
4812-9241-6041.1
In witness whereof, the parties by their signature cause this Agreement to be approved.
William S. Joynes City of Shorewood
_____________________________ ______________________________
By: William S. Joynes By: Scott Zerby
Its: Mayor
4
4812-9241-6041.1
#3E
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Wireless Microphone for Council Chambers
Meeting Date: October 26, 2015
Prepared by: Jean Panchyshyn, City Clerk
Policy Consideration: Should the City Council purchase a wireless microphone for use in the Council
Chambers?
Background: There have been occasions at City Council and other public meetings when it has not
been convenient for guest speakers to use the podium microphone when addressing Council or
Commissions. At times there may be a team of presenters, and having a hand-held microphone to pass
between the presenters would be more efficient than the individual maneuvering through their team
members to the podium microphone.
Upon suggestion by Mayor Zerby, staff looked into the option of installing a wireless microphone. Lake
Minnetonka Communications Commission’s Operations Manager Jim Lundberg has since tested such
microphone for use in the Council Chambers, and found it to be a fairly simple installation.
Financial or Budget Considerations: Mr. Lundberg is able to provide the installation of the equipment
at no charge. The cost of the microphone is $535.00, as noted in Mr. Lundberg’s email attached.
Recommendation / Action Requested: A motion authorizing the purchase of the Sennheiser EW135-G3
wireless microphone at a cost of $535.00. This equipment will be purchased with technology funds.
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
Jean Panchyshyn
From:Jim Lundberg [jim@lmcc-tv.org]
Sent:Monday, October 12, 2015 11:50 AM
To:Jean Panchyshyn
Subject:Wireless Mic
Hi Jean,
The cost of a Sennheiser EW135-G3 Wireless Mic(Identical to the one I was testing last Friday in your council chambers)
will be $535.00.
With my successful tech session at Shorewood last Friday, I would be able to install this for you guys so there would be
no service call or installation charges associated with it.
If Shorewood chooses to move forward with this, just let me know. The price is guaranteed for the next 30 days.
Thanks,
Jim Lundberg
Operations Manager
LMCC
(952)471-7125 x104
1
#3F
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: 2016 Concession Operation Agreement
Meeting Date: October 21, 2015
Prepared by: Twila Grout – Park and Rec
Reviewed by: Brad Nielsen – Planning Director
Jean Panchyshyn – City Clerk
Attachments: 2016 Concession Operation Agreement
Policy Consideration:
Approving the concession agreement for 2016 with Russ WIthum.
Background / Previous Action
The Park Commission at its October 13, 2015 meeting agreed to have Russ Withum provide concession
services at Freeman Park, Eddy Station in 2016. Services will be provided Monday through Sunday,
from 5:30 to 8:30 p.m. on or about May 1 and continue through August 1 or when the sports
organizations have concluded their events.
Mr. Withum has provided concession services since 2005. He has done a very good job with the
concession services over the years, and has always been willing to open up for other events.
Financial or Budget Considerations:
The contractor has agreed to pay the city $394 for the 2016 season. Payment will be due September 30,
2016. A copy of the agreement is attached.
Recommendation / Action Requested:
The Park Commission recommends the City Council approve formalizing the Concession Agreement for
2016 with Russ Withum.
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
Independent Contractor
2016 Concession Operation Agreement
By and Between City of Shorewood and Contractor
THIS AGREEMENT
, made this ____ day of October 2015, by and between the City of
Shorewood, Minnesota, a Minnesota municipal corporation with its offices located at 5755
Country Club Road, Shorewood, Minnesota 55331 (the "City") and Russ Withum, 4924 Three
Points Blvd., Mound, MN 55364 (the “Contractor”)
REClTALS
WHEREAS
, the City is engaged in the business of providing municipal services
including park and recreation opportunities within the corporate limits of the City. The City has
constructed a concession/restroom/picnic facility in Freeman Park within the City known as
Eddy Station; and
WHEREAS
, the City desires to provide concession services to the patrons of Freeman
Park through the facility of Eddy Station; and
WHEREAS
, the City further desires to enter in to an agreement with the Contractor for
the operation and provision of concession services.
NOW, THEREFORE
, the parties agree as follows:
1.) Schedule of Operation. Contractor agrees to provide concession services Monday
through Sunday, from 5:30 to 8:30 p.m., commencing on or about May 1 or whenever the first
organized sports events begin. Concession operations will continue through August 1, or
whenever Freeman Park ceases its summer use by MGSA, Adult Softball and Tonka United
Soccer. Contractor agrees to coordinate operations with the Park Scheduling Coordinator.
2.) Contractor Responsibilities.
a.) Contractor agrees to be present each day for opening, training of sales
volunteers, and all duties involved with closing the operation at the end of the day.
Contractor agrees that if for any reason he is not able to be present for any period of time,
while the concession operation is open, he will be available by pager or cell phone for
immediate assistance at the site.
b.) Contractor agrees to be responsible for the cleaning and maintenance of
the concession area.
3.) Contractor Payment. The Contractor agrees to pay the City $394 for the year
2016. Payment due to the City by September 30, 2016.
4.) Purchasing. The Contractor agrees to purchase the necessary products and
supplies associated with concession sales at Eddy Station.
5.) Equipment. The City agrees to provide the hot dog machine, popcorn machine,
cash register, pop cooler, refrigerator and coffee machine.
6.) Termination. Either party may terminate this Agreement, without cause or reason,
upon thirty (30) days' written notice to the other party. Either party may terminate this
Agreement without notice for cause. "Cause" includes, but is not limited to, dishonesty, failure to
meet deadlines, criminal conduct, or breach of this Agreement.
7.) Status of Contractor. As intended by both parties, this Agreement calls for the
performance of the services of Contractor as an independent contractor and Contractor will not
be considered an employee of the City for any purpose.
a.) The manner and means of performance of Contractor shall be entirely at
Contractor's discretion. Contractor is free to employ personnel to assist Contractor in
providing services to the City, but such employees shall be Contractor's responsibility
and not that of the City. The City shall not provide Contractor or Contractor's employees
or agents with any benefits from the City such as workers compensation insurance,
unemployment insurance, health insurance, income tax withholding, or social security
contributions. The City does not control the performance of Contractor and Contractor
accepts all risk of profit and loss flowing from the services provided under this
Agreement. All expenses must be borne by Contractor and shall not be reimbursed by the
City. Those expenses include furnishing Contractor's place of work, payroll expenses,
taxes, and insurance.
b.) Contractor shall conspicuously identify himself to all persons and
organizations as an independent contractor and shall not represent or imply that this
Agreement authorizes Contractor to act as an agent for, or on behalf of, the City. Neither
the City nor Contractor shall be responsible for any agreement, representation, or
warranty made by the other, nor shall the City be obligated for damages to any person or
organization for personal injuries or property damage arising directly or indirectly out of
the conduct of Contractor's business or caused by Contractor's actions, failure to act,
conduct or negligence.
8.) Indemnification. Contractor agrees to indemnify and hold the City harmless from
and against any and all claims by or on behalf of any person arising from Contractor's actions,
failure to act, conduct, or negligence while performing services pursuant to this Agreement
unless such damage or liability arises from or in connection with faulty or defective materials or
facilities provided by the City. Contractor agrees to carry Commercial liability insurance in the
amount of $1,000,000.
9.) Entire Agreement. This Agreement contains the entire agreement between the
parties and no amendment hereto shall be valid unless made in writing and signed by the parties.
There is merged herewith all prior and collateral representations, promises, and conditions
concerning Contractor and the City. This Agreement supersedes and nullifies any preexisting
agreements between the parties relating to the subject matter of this Agreement. All agreements
as to payments to be made to Contractor for particular projects must be in writing.
10.) Severable. In the event any portion of this Agreement shall be held to be invalid
the remainder of the Agreement shall continue in full force and effect.
11.) Notices. Any notice required or permitted to be given under this Agreement shall
be sufficient if it is in writing and sent by registered or certified mail to Contractor's residence or
to the principal office of the City, which ever shall be applicable.
12.) Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Minnesota.
IN WITNESS WHEREOF
, the parties have executed this Agreement the day and year
first above written.
CITY OF SHOREWOOD CONTRACTOR
By:_______________________________ By:___________________________________
Its:_______________________________ Its:____________________________
#6A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Star Lane and Star Circle Improvements, City Project 14-11;
Meeting Date: October 26, 2015
Prepared by: Paul Hornby, City Engineer
Reviewed by:
Attachments: Resolution 15- , Adopt Assessment Roll
Background:
The City Council declared the project costs for the Star Lane and Star Circle Improvements, City Project
14-11 on September 28, 2015. The proposed improvements include sanitary sewer inflow and
infiltration improvements, watermain extension, street reconstruction, storm sewer and restoration.
The City policy is to assess benefitting properties for the extension of the water distribution system
(watermain), as described in the project feasibility report.
The watermain portion of the project has been constructed, and the construction costs are established.
Staff has provided an estimate of project expenses (indirect costs) that are applied proportionately to
the watermain costs as awarded in the construction contract.
In order to certify assessments in 2015, the Council passed a resolution declaring the costs to be
assessed, ordering the preparation of the assessments, and called for a hearing on the assessments at
the meeting on September 28, 2015. The public hearing was set by Council for 7:00 p.m. on October 28,
2015. Proper notice has been published in the official City paper and resident notices of the hearing
meeting mailed as required by law.
The assessment roll, assessment property map and resolution is attached for public presentation and
Council consideration of adoption.
Financial or Budget Considerations:
The contract amount of the awarded project is $665,018.13, with estimated indirect costs (expenses) in
the amount of $130,000. The project costs are estimated to be $795,018.13, and the assessable amount
for the watermain extension is estimated to be $122,906.30. This assessment is to be levied over 13
benefitting parcels resulting in assessment of $9,454.33 per parcel. The resolution adopting the
assessment roll establishes a ten-year payment term with interest rate of 4.06% per year.
Recommendation / Action Requested:
Staff recommends Council approves Resolution 15- , Adopting Assessment Roll for the Star Lane
and Star Circle Improvements, City Project 14-11.
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
RESOLUTION NO. 15-___
A RESOLUTION ADOPTING ASSESSMENT ROLL
STAR LANE AND STAR CIRCLE IMPROVEMENT PROJECT
CITY PROJECT 14-11
RECITALS
WHEREAS,
pursuant to proper notice duly given as required by law, the City Council of
the City of Shorewood, Minnesota, has met and heard and passed upon all objections to
the proposed assessments for the following improvements:
1. Star Lane and Star Circle Improvement Project, City Project No. 14-11, the
improvement of Star Lane from Smithtown Road to the cul-de-sac and Star Circle form Star Lane
to the cul-de-sac, including extension of watermain with services, sanitary sewer rehabilitation,
storm sewer, curb and gutter and street (the Improvement).
NOW THEREFORE, BE IT RESOLVED by the City Council of Shorewood, Minnesota
as
:
follows
1.The proposed assessments, copies of which are attached hereto and made a part
hereof, are hereby accepted and shall constitute the special assessments against the
lands named therein, and each tract of land therein included is hereby found to be
benefited by the proposed improvements in the amount of the assessment levied
against it.
2.The assessment for all of the improvements described above shall be payable in equal
annual installments over a period of ten (10) years payable on or before the first
Monday in January 2016 shall bear interest at a rate of 4.06 percent (4.06%) per
annum from October 26, 2015. To the first installment shall be added interest upon
the entire assessment from October 26, 2015 to December 31, 2015. To each
subsequent installment, when due, shall be added interest for one year on all unpaid
assessments.
3.Any deferred assessment shall bear interest at the rate of 4.06 percent (4.06%) per
annum from October 26, 2015.
4.The owner of any property so assessed may at any time prior to certification of the
assessment to the county auditor, pay the whole of the assessment against any parcel
with interest accrued to the date of payment to the Shorewood City Clerk except that
no interest shall be charged if the entire assessment is paid within 30 days from the
adoption of this resolution and the owner may, at any time thereafter, pay to the City
Clerk the entire amount of the assessment remaining unpaid with interest accruing to
December 31 of the year in which such payment is made. Such payment must be
made before November 15 or interest will be charged through December 31 of the
next succeeding year.
5.The City Clerk shall submit a certified duplicate of this assessment to the County
Auditor to be extended on the proper tax list of the county, and such assessments shall
be collected and paid over in the same manner as other municipal taxes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 26th day of
October, 2015.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
#6B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Islandview Properties – Vacation of Sanitary Sewer Easement
Meeting Date: 26 October 2015
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Exhibit A – Site Location Map
Exhibit B – Proposed Easement Vacation/Replacement
Exhibit C – Proposed Site Plan
Exhibit D – Draft Resolution
Engineer’s memo
Policy Consideration: Should the City vacate an existing sanitary sewer easement on property owned by
Islandview Properties, LLC (see Exhibits A and B) in order to accommodate a proposed swimming pool as
shown on Exhibit C?
Background: The owner of the subject property proposes to construct a swimming in his rear yard,
between the existing house and the lake. To do so, he requests permission to move the existing sanitary
sewer main located in his rear yard (see Exhibit B, attached). Exhibit B also shows the location of the
replacement sewer and new easement. A proposed site plan is shown on Exhibit C. This request is
similar to a recent one by the Morgans on Woodside Road, and virtually identical to the request
approved for the property to the east several years ago.
State law requires that notice of the proposed vacation of sanitary sewer easement be published twice
in the official newspaper (which has been done) and that the City Council conduct a public hearing to
consider the request.
A resolution addressing this item is attached as Exhibit D.
Financial or Budget Considerations: Expenses associated with Island Properties, LLC’s request are
covered by its application fees.
Options: Approve the request, modify the request or deny the request.
Recommendation / Action Requested: Staff recommends approval of the requested sanitary sewer
easement vacation, subject to any conditions recommended by the City Engineer (report under separate
cover) and the applicant recording an easement for the relocated sewer line.
Next Steps and Timelines: Upon approval of the resolution, the applicant must record it and the new
easement deed with Hennepin County.
Connection to Vision / Mission: Allowing the applicant to make better use of what is otherwise a very
buildable lot contributes to a sustainable tax base.
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- D- R- A -F -T-
CITY OF SHOREWOOD
RESOLUTION NO.
RESOLUTION VACATING A CERTAIN SANITARY SEWER EASEMENT
WHEREAS, Notice of Public Hearing on the proposed vacation of a certain sanitary
sewer easement in the City of Shorewood, Hennepin County, Minnesota, was published in the
Excelsior /Shorewood edition of the SUN•SAILOR NEWSPAPER on the 15th and 22nd days of
October 2015 and in the LAKER NEWSPAPER on the 17th and 24th days of October 2015; and
WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City
of Shorewood; and
WHEREAS, the Council of the City of Shorewood heard all interested parties on the
question of vacation at a Public Hearing on the 26th day of October 2015, in the Council
Chambers at the City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that the partial sanitary sewer easement described in Exhibit A, attached,
be and hereby is vacated.
BE IT FURTHER RESOLVED, the Applicant shall record a deed, in favor of the
City of Shorewood, for the proposed sanitary sewer easement described in Exhibit B, attached
hereto, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the
date of the certification of this resolution.
BE IT FURTHER RESOLVED, the Applicant shall record this resolution with the
Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the
certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
October 2015.
SCOTT ZERBY, MAYOR
ATTEST:
JEAN PANCHYSITYN, CITY CLERK
Exhibit D
(insert Existing Legal Description as Exhibit A)
(insert Proposed Legal Description as Exhibit B)
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
DATE:
October 15, 2015
TO:
Brad Nielsen, Planning Director
FROM:
Paul Hornby, City Engineer
RE:
27860 Island View Road Easement Vacation
Sanitary Sewer Relocation Plan Review
I have completed my review of the proposed plan to relocate the existing sanitary sewer for 27860 Island
View Road. Plans were prepared by Advance Survey & Engineering Co. (site survey) dated 10/6/15 and
Civil Site Group (sewer relocation) dated 10/5/15, and I have the following comments:
The property survey shows both the existing sewer easement to be vacated and the proposed sewer
easement to be dedicated. The relocation of the sewer extends into the property located to the east.
The vacation of the existing easement and dedication of a new easement needs to extend over the
entire length of the sewer. Additional easement vacation and dedication will be needed on the
property to the east (27820) of 27860 Island View Road.
The plans propose to replace approximately 140 feet of existing 9-inch PVC sanitary sewer pipe
with 160 feet of 8-inch PVC sanitary sewer. The new sewer is proposed at the minimum grade
required to maintain sufficient flow velocity in the pipe (0.40%).
Reconnection of the sewer service to the house will be required. The existing sewer service for
27860 is not shown on the survey or on the utility plan. Relocation of the sewer service is
recommended if the pool or the pool deck conflicts with the service location.
The sewer utility plan needs to be provided as a plan and profile format for City record plan
retention.
The connection of the relocated sewer to the downstream manhole may not be feasible. The City
does not allow bends in the sanitary sewer pipe. Core-drilling a new hole and reconstructing the
manhole bench is required. Core drilling of manholes requires the use of a Kor-N-Seal watertight
boot connection. Manhole openings to be abandoned shall be bulkheaded with concrete brick
masonry and non-shrink grout.
Memo to Brad Nielsen October 15, 2015
Re: 27860 Island View Road Easement Vacation Page 2 of 2
Sanitary sewer construction shall be in accordance with the 2013 edition of the City Engineers
Association of Minnesota Standard Utility Specifications.
engineer with the standard specs and detail plates to be used for the sewer construction.
The existing manholes and new manhole will have Infi-shield I&I barriers installed at the castings.
The existing sanitary sewer is to be removed or abandoned in place. Abandonment will include
blow-filling the pipe with sand or a flowable grout.
A letter of credit or cash escrow in the amount of 1.5 times the construction value of the work and
engineering escrow is recommended.
The City Engineering Staff will observe the construction of the sewer during construction.
Please contact me if you have any questions or need any additional information regarding the review of this
proposed utility relocation plan.
7A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, OCTOBER 13, 2015 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Mangold convened the meeting at 7:00 p.m.
A. Roll Call
Present: Chair Mangold, Commissioners Hartmann, Dietz (arrived at 7:25 p.m.) and
Stelmachers; City Council Liaison Siakel; City Planner Nielsen
Absent: Commissioner Vassar
B. Review Agenda
Hartmann moved to approve the agenda as written. Stelmachers seconded the motion. Motion
carried 4-0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of September 22, 2015
Hartmann moved to approve the minutes of the September 22, 2015 meeting as
written. Stelmachers seconded the motion. Motion carried 4-0.
3. MATTERS FROM THE FLOOR
There were none.
4. BADGER PARK FIELD
Nielsen reviewed a cost estimate for the Badger Park field proposal. The cost includes field prep, grading
and netting. Stelmachers stated he wanted to make sure the netting is included in the cost.
Commissioners discussed the grant proposal with a member of the audience.
Mangold stated the County is excited about a request for a lacrosse grant which has never happened
before. The timeline for the grant was discussed with the final decision made in December. It was
unknown what the success rate is for grant requests. It was noted in 2014, 14 of the 21 grant requests
were funded. The number of participants needs to be added to the grant request. It was determined the
number of participants would be 350 six times a week. For football, there would be 250 participants at
an estimated four times a week.
Commissioners discussed the project budget. Nielsen stated there are two proposals coming very shortly,
and there will be a decent budget number for the grant proposal. He stated the Council will have the
budget number. Nielsen stated he would be looking for a recommendation that whatever we would put in
the field at Badger on our own would be our contribution to the cost. Mangold stated the two figures for
approval are the total for the project and the amount the City will contribute. Commissioners discussed
the project amount.
PARK COMMISSION MINUTES
TUESDAY, OCTOBER 13, 2015
3
PAGE 2 OF
Dietz arrived at 7:25 p.m.
A member of the audience discussed the intricacies of grant writing. It is anticipated we will have fifty
percent funded by the County.
Mangold discussed the original proposal and add ons which could be additional parts of the project. He
stated he is looking at the total project and what the City is proposing to do the park.
Mangold stated we need to justify a number to recommend to the Council so this can move forward.
Commissioners discussed the financing. They also discussed the need for a storage shed of some kind.
Mangold asked if we are better going in asking for $600,000 or $700,000. He stated he is comfortable
with the City’s share being $150,000. Nielsen stated he didn’t see the City Council approving what was
originally budgeted. He stated it has to include drainage.
Councilmember Siakel stated the more specific you can be, the better. She was unsure how the Council
would respond to an amount between $150,000 and $200,000.
Dietz stated he would be comfortable saying $150,000. He believed it is a reasonable amount.
Nielsen stated there should be a motion with specific numbers added to it. It was suggested the football
league be asked to increase their share.
Stelmachers moved to recommend the lacrosse grant proposal be maximized to $200,000 for the
City’s share or $150,000 or 25%, whichever is less. Dietz stated the City will be getting a superior
field for ¼ the cost of what they would have paid for it. Dietz seconded the motion. Motion carried
4-0.
Commissioners determined they should all attend the City Council meeting on October 26 if possible.
5. DETERMINE DISCUSSION POINTS WITH THE CITY OF CHANHASSEN
REGARDING CATHCART PARK
Nielsen stated we will need to prepare something in advance to send to Chanhassen for their review. He
stated a copy of their agreement has been provided. He stated there has been discussion about whether a
hockey rink is needed at Cathcart.
Hartmann expressed interest in getting numbers of the usage of the rinks. Mangold stated they are used
informally. Dietz stated he had heard it was done at Badger last year. Mangold stated it was the year
before.
Dietz asked why we couldn’t just request some of the park dedication fees from the new development
around Cathcart.
Hartmann stated we want to talk about whether we should just take it over completely.
Mangold stated we should talk about possibly changing the agreement.
PARK COMMISSION MINUTES
TUESDAY, OCTOBER 13, 2015
3
PAGE 3 OF
Commissioners discussed developing a vision for the park and ask what they envision the park being,
requesting a contribution to a one-time project, or possibly amending the agreement.
Dietz stated Chanhassen should be asked for a short meeting prior to their Park meeting.
th
Mangold requested Nielsen provide a draft at the November 10 meeting of the information they will
discuss with Chanhassen.
Nielsen discussed sidewalk improvements along Strawberry Lane.
6. CONCESSSION AGREEMENT
Nielsen stated this is the same agreement as this year. He stated their service was quite satisfactory.
Hartmann asked if there has been any discussion about our using it as a warming house. Nielsen stated
he would still have everything he needs if we partition the building.
Mangold moved to recommend approval of the 2016 Freeman Park Concession Agreement as
presented. Dietz seconded the motion. Motion carried 4-0.
7. NEW BUSINESS
None
8. STAFF AND LIAISON REPORTS/UPDATES
A. City Council
Siakel updated the Commission on recent City Council actions from the previous evening’s meeting.
B. Staff
Hartmann stated something needs to be done about the turkey population in Shorewood. Nielsen stated they
can certainly look into it.
Mangold asked what the status is for the sign for Gideon Glen. Nielsen stated he is trying to find someone to
do the foundation.
9. ADJOURN
Dietz moved to adjourn the Park Commission Meeting of October 13, 2015 at 8:20 p.m. Hartmann
seconded the motion. Motion carried 4-0.
RESPECTFULLY SUBMITTED,
Clare T. Link
Recorder
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject:
Badger Park HYSP Grant — Authorize Application
Meeting Date:
26 October 2015
Prepared by:
Brad Nielsen
Reviewed by:
Patti Helgesen
Attachments: Grant Application
Draft Resolution
Policy Consideration: Should the City Council authorize staff to make an application for a grant under
the Hennepin Youth Sports Program?
Background: At a joint meeting of the City Council and Park Commission, the City Council agreed that
staff should continue with a grant application for purposes of putting an artificial grass surface on the
playfield at Badger Park. Minnetonka Lacrosse has offered to share in the cost and is working with
Minnetonka Football for a contribution from them. The draft grant application is attached for your
review. Note that we are awaiting additional detailed budget breakdowns from turf vendors. The
$700,000 mentioned in the application form is a worst case number and may be closer to $600,000, of
which the grant application requests $300,000 from HYSP.
Financial or Budget Considerations: While representatives from Minnetonka Lacrosse may ask the City
for a larger contribution, the Park Commission, at its last meeting, recommended that the City not spend
more than $150,000 for its share.
Options: Authorize staff to submit the application with the understanding that the City's share will not
exceed $150,000; authorize with a greater contribution; authorize with a lesser contribution; or not
authorize.
Recommendation / Action Requested: If the Council is in agreement with the Park Commission'
recommendation, staff should be directed to submit the application. A resolution to that effect is
included in your packet.
Next Steps and Timelines: If approved, the application will be submitted at the end of this month (the
deadline is 2 November).
Connection to Vision / Mission: Healthy environment, attractive amenities.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
HYSP Facility Application 2016
Badger Park Playfield, Shorewood MN
Project Summary:
The City of Shorewood proposes to partner with Minnetonka Lacrosse and Minnetonka Football
to replace the existing grass playfield at Badger Park with an artificial turf surface for use as
general playfield, lacrosse field and football field. The intent is to provide a high quality playing
surface with lower long term maintenance cost, reduced rate and volume of storm water runoff,
and expansion of seasonal usability. The site is located at 5755 Country Club Road, Shorewood,
MN 55331 and is situated in Hennepin County Commissioner District 6.
Geographic Location Map:
See Exhibit A, attached.
Site Plan:
See Exhibit B, attached.
Timeline:
February - April 2016 — Design and Watershed review and permitting
May 2016 — Site grading and preparation
June 2016 — Field construction
July 2016 — Restoration and cleanup
Versus the construction of a grass field, which could take the field out of commission for two or
more seasons, the turf field can be ready for play with very little disruption to scheduled play.
Project Budget:
$625,000. See Exhibit C, attached, for itemization.
Partnerships:
• City of Shorewood, owner
• Minnetonka Lacrosse, user and financial contributor
• Minnetonka Football, user and financial contributor
Increased Capacity:
The use of artificial turf will significantly extend the usable season, especially for Lacrosse, and
especially in the spring of the year. The enhanced drainage of the field construction and the
durability of the turf itself result in weather conditions being less of a factor in field availability.
The extended season allows Lacrosse to be more competitive with other leagues, which often get
an additional month or more use of their turf facilities.
Improved Conditions:
Grass playfields require considerable maintenance (irrigation and aeration) without which the
field can become hard and compacted, even harmful to players. Routine wear and tear on grass
results in inconsistent playing surface. The artificial turf will provide a far superior and
consistent playing surface for players.
Matching Funds:
City of Shorwood — The City has budgeted $150,000 for restoration of the playfield area. The
money is currently in the Park Fund.
Minnetonka Lacrosse currently has $125,000 available and intends to fund raise and /or borrow
an additional $25,000.
Minnetonka Football currently has $25,000 available and intends to fund raise and /or borrow an
additional $_,
Community Support:
The proposed project is highly supported by the community — See Exhibit D, attached.
Minnetonka Lacrosse support letter
Minnetonka Football support letter
Shorewood Park Commission letter
Number of Youth Served and User Characteristics:
Aside from general public playfield use the field is used as follows:
User Participants Frequency
Safety Camp Activities 40 Once Summer
Music in the Park 200 Twice - Summer
Movie in the Park 100 Once -! Summer.
Lacrosse 250 6 times /week - Spring /Summer
Football 250 6 times /week - Fall
Environmental Improvements:
The turf field will eliminate the need for mowing, irrigation and fertilizing, as well as helping to
control the rate and volume of stormwater runoff into the adjoining pond.
-2-
Sustainability:
The Shorewood Public Works Department is responsible operations and maintenance, which is
provided for in the Parks Maintenance portion of the City's General Fund. Public Works will be
assisted in periodic field grooming from the Lacrosse and Football organizations, who will
operate machinery necessary to redistribute the crumb- rubber turf in -fill material. While the
extent to which is unknown, the City anticipates a reduction in maintenance costs. Specifically,
mowing, fertilization, aeration, and irrigation will no longer be necessary.
Resolution of LGU:
(See Exhibit E, attached)
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- D- R- A -F -T-
CITY OF SHOREWOOD
RESOLUTION NO.
RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF
AGREEMENT TO DEVELOP A SPORTS/RECREATION FACILITY UNDER THE
PROVISIONS OF THE HENNEPIN COUNTY YOUTH SPORTS PROGRAM
WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth
Sports Program, provides for capital funds to assist local government units of Hennepin County
for the development of sports or recreational facilities; and
WHEREAS, the City of Shorewood (the LGU) desires to develop Badger Park Playfield
(the PROJECT).
NOW, THEREFORE BE IT RESOLVED BY THE SHOREWOOD CITY
COUNCIL:
I. The estimate of the total cost of developing PROJECT shall be $700,000. The LGU is
requesting $300,000 from the Hennepin Youth Sports Program and will assume responsibility for
a matching funds requirement of $300,000.
II. LGU agrees to own and assume one hundred (100) percent of operational and
maintenance costs for PROJECT. LGU will operate PROJECT for its intended purpose for the
functional life of the facility, which is estimated to be 50 years.
III. LGU agrees to enter into necessary and required agreements with Hennepin County
for the specific purpose of developing PROJECT and managing its long -term operation.
IV. That William Joynes, City Administrator, is authorized and directed to execute the
application for the Hennepin Youth Sports Program grant.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
October 2015.
ATTEST:
JEAN PANCHYSITYN, CITY CLERK
SCOTT ZERBY, MAYOR
Fxhibr-� E
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented
to and adopted by the Shorewood City Council at a duly authorized meeting thereof held on the
26th day of October, 2015, as shown by the minutes of said meeting in my possession.
William S. Joynes, City Administrator
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, OCTOBER 6, 2015 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Davis, Johnson and Maddy; Planning Director Nielsen; and
Council Liaison Woodruff
Absent: Commissioner Bean
APPROVAL OF AGENDA
Maddy moved, Davis seconded, approving the agenda for October 6, 2015, as amended. Motion
passed 4/0.
APPROVAL OF MINUTES
September 1, 2015
Maddy moved, Johnson seconded, approving the Planning Commission Meeting Minutes of
September 1, 2015, as presented. Motion passed 4/0.
1. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR ACCESSORY SPACE OVER
1200 SQUARE FEET
Applicant: Stephen Ferraro
Location: 5645 Grant Lorenz Road
Chair Geng opened the Public Hearing at 7:02 noting the procedures used in a Public Hearing. He
explained the Planning Commission is comprised of residents of the City of Shorewood who are serving
as volunteers on the Commission. The Commissioners are appointed by the City Council. The
Commission’s role is to help the City Council in determining zoning and planning issues. One of the
Commission’s responsibilities is to hold public hearings and to help develop the factual record for an
application and to make a non-binding recommendation to the City Council. The recommendation is
advisory only. He noted that if the Planning Commission makes a recommendation this evening this item
will go before the City Council on October 26, 2015. He stated this evening the Planning Commission is
going to consider a conditional use permit (C.U.P.) for accessory space over 1200 square feet for Stephen
Ferraro, 5645 Grant Lorenz Road.
Director Nielsen explained Mr. Ferraro proposes to build a new detached garage to the east of his house
approximately 212 feet from the rear lot line. Because the combined accessory space of the proposed
garage and the existing would exceed 1200 square feet Mr. Ferraro has applied for a C.U.P.
The property is zoned R-1A, Single-Family Residential and contains 47,253 square feet in area. The site
is occupied by the applicant’s home and attached garage. The new garage would contain 1176 square feet.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 6, 2015
Page 2 of 7
Once the new garage was constructed the total amount of accessory space on the site would total 1675
square feet.
He noted Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting a C.U.P. for
accessory space over 1200 square feet. He reviewed how the applicant’s plan complies with the criteria.
a. The total area of accessory buildings (1675 square feet) does not exceed the floor area (1729
square feet) above grade of the existing home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the
R-1A zoning district (.10 x 40,000 = 4000 square feet).
c. The proposed garage complies with R-1A setback requirements and the proposed hardcover
comes to 15.8 percent. Because of the very residential character of the proposed building and the
heavily wooded area in which it will be situated, no additional landscaping is recommended in
this case.
d. The architectural character of the new building would be compatible with the existing house. The
building would have lap siding similar to adjoining homes and roofing would match the house.
Nielsen noted that based upon the analysis of the case Staff recommends the applicant’s request for a
C.U.P. be granted subject to including a standard provision in the resolution that would put the property
owner on notice that the accessory space cannot be used for any type of home occupation.
Nielsen then noted that Mr. Ferraro was present.
Chair Geng stated the proposed driveway is included as impervious surface but the construction notes did
not indicate what it would be constructed of. Director Nielsen noted that it does not have to be paved and
clarified that even if it is not paved it is counted as hardcover. He explained a gravel driveway achieves
85 percent compaction. Geng asked if the project would require removal of any significant trees. Nielsen
stated there would be loss of some significant trees and noted that a C.U.P. does not require tree
replacement. He noted that any location of the garage would result in the loss of trees.
Director Nielsen noted staff had received an email from the owner of one of the adjoining properties and
the owner indicated the location for the proposed garage would be as good of a spot as any on the
property. That owner was an environmental individual.
Commissioner Johnson stated the proposed driveway would be located to the west of the existing house.
There currently is a canoe and retaining wall there. He asked how the driveway would be tied in. Director
Nielsen explained the driveway would have to hug the house because the applicant would have to
maintain a 5-foot-wide setback on the side of the property. Johnson stated he assumes the applicant would
have to do something with the retaining wall. Nielsen concurred.
Mr. Ferraro noted that he had received a copy of an email from the owners of the property just north of
his expressing their support of his request. Commissioner Johnson noted a copy of it was included in the
meeting packet.
Seeing no one present wanting to comment on the case, Chair Geng opened and closed the Public
Testimony portion of the Public Hearing at 7:13 P.M.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 6, 2015
Page 3 of 7
Commissioner Davis asked if the reason the applicant needs five garage stalls is because he has five
vehicles. Mr. Ferraro responded no. Director Nielsen noted that about one-third of the new garage would
be for a workshop.
Commissioner Maddy stated the existing house does not have dormers, it has a lower pitched roof and it
has different siding. He asked if the Zoning Code has a definition of compatible. Director Nielsen
responded no and stated the materials for the proposed garage would look more similar to the houses on
the two adjoining properties. Chair Geng questioned if the Planning Commission should at a future date
discuss what compatible means.
Maddy moved, Johnson seconded, recommending granting the conditional use permit for accessory
space over 1200 square feet to Stephen Ferraro, 5645 Grant Lorenz Road. Motion passed 4/0.
Chair Geng reiterated Council will consider this matter during its October 26, 2015, meeting.
Chair Geng closed the Public Hearing at 7:16 P.M.
2. PUBLIC HEARING – ZONING TEXT AMENDMENT REGARDING SIGNS IN
CEMETERIES
Applicant: Woodside Cemetery Association (Representative Dan Randall)
Location: 27175 Smithtown Road
Chair Geng opened the Public Hearing at 7:16 P.M., noting the process will be the same as for the
previous item. He stated during this Public Hearing the Planning Commission is going to consider a
Shorewood zoning text amendment regarding signs in cemeteries. The applicant is Woodside Cemetery
Association and the Cemetery is located at 27175 Smithtown Road.
Director Nielsen explained Dan Randall, representing the Woodside Cemetery Association, has requested
a zoning text amendment that would allow the Association to erect an entry-way arch and identification
sign on the Cemetery property located at 27175 Smithtown Road. Mr. Randall has been a caretaker of the
Cemetery for a long time and his father was before him. The property is located in the R-1A, Single-
Family Residential zoning district which allows cemeteries by conditional use permit (C.U.P.). It is a little
east of Howard’s Point and abutting Cajed Lane on its east side.
The proposed archway would be entirely on the Cemetery property over the entry drive and it would be at
least five feet back from the front property line. The archway would be approximately 24 feet wide and
16 feet tall. The sign would be affixed across the top of the archway. The sign itself would measure one
foot by 12 feet (12 square feet). It would be made of iron and say Woodside Cemetery. The amount of
sign Mr. Randall has proposed would be well within other institutional signs. Up to 20 square feet are
allowed for churches, schools and so forth.
The Association’s proposal would be easily accommodated by a relatively simple zoning text amendment.
The meeting packet included language (printed in red) that could be added to Section 1201.03 Subd.
11.e.(1) of the Shorewood Zoning Code to address the Association’s request. The addition would read
“(e) Cemetery identification signs. One freestanding sign not to exceed 20 square feet in area. The
freestanding sign may be affixed to an entry-way arch, not exceeding 18 feet in height.” The text simply
adds to the list of signs in the R-1A through R-3B Residential Districts. There is only one other cemetery
in Shorewood – St. John’s, located on Covington Road. It has an elaborate entry monument system.
Nielsen noted staff is recommending approval of the text amendment.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 6, 2015
Page 4 of 7
In response to a comment from Commissioner Maddy, Director Nielsen clarified the archway is 24 feet
wide and the sign is about one-half that width.
Mr. Randall stated he thought the archway and sign should have been put in years ago in order to
establish the Cemetery. He thought the Cemetery has been around since the 1920s. Prior to being
established there were burials at that site. There are Civil War people buried there.
Chair Geng commended Mr. Randall for the fine work he does in keeping the Cemetery up. He stated it is
his understanding that Mr. Randall was very cooperative when the Smithtown Road west sidewalk was
being constructed and he expressed his appreciation for that.
Seeing no one present wanting to comment on the case, Chair Geng opened and closed the Public
Testimony portion of the Public Hearing at 7:22 P.M.
Chair Geng stated he thought this is a good idea.
Council Liaison Woodruff suggested the text amendment specify that illumination would not be allowed
on the sign to be consistent with other items under Section 1201.03 Subd. 11.e.(1).
Commissioner Davis commented that Commissioner Bean has not weighed in on the language.
Commissioner Johnson stated the property across Smithtown Road is a marsh. There is a property that has
somewhat of a sight line toward the entrance to the Cemetery. He asked if any consideration was given to
the proposed location of the archway to avoid imposing on that sight line. He noted he thought that would
be a minor point. Director Nielsen stated from his perspective the only thing that would be looking at the
sign would be the wetland.
Davis moved, Johnson seconded, recommending approval of a text amendment to the Shorewood
Zoning Code Section 1201.03 Subd. 11.e.(1) which would read “(
e) Cemetery identification signs.
One freestanding non-illuminated sign not to exceed 20 square feet in area. The freestanding sign may
” Motion passed 4/0.
be affixed to an entry-way arch, not exceeding 18 feet in height.
Chair Geng stated Council will consider this matter during its October 26, 2015, meeting.
Chair Geng closed the Public Hearing at 7:27 P.M.
3. MINOR SUBDIVISION
Applicant: Thomas Wartman
Location: 26985 Edgewood Road
Director Nielsen noted Thomas Wartman received approval to subdivide his property located at 26985
Edgewood Road into two separate lots back in January of 2013. Mr. Wartman chose not to record it. Mr.
Wartman is back with the application.
He explained the property is located in the R-1A/S, Single-Family Residential/Shoreland District. The
property contains 88,202 square feet of area. Each lot would contain 44,125 feet of area which would be
in excess of what the R-1A District requires. The lots would comply with the requirements of the R-1A/S
zoning district. The applicant has to provide a title opinion and deeds for the new drainage and utility
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 6, 2015
Page 5 of 7
easements 10 feet in width along both sides of the new lot line. There are already drainage and utility
easements around the perimeter of the property.
Nielsen noted that based on the analysis of this case Staff recommends approval of the minor subdivision
subject to the following.
1. The applicant must provide deeds for drainage and utility easements, 10 feet wide along each side
of the new lot line.
2. The applicant must provide an up-to-date (within 30 days) title opinion for review by the City
Attorney.
3. Prior to release of the resolution approving the request, the applicant must pay one park
dedication fee ($6500) and one local sanitary sewer access charge ($1200).
4. Since the division itself does not necessitate the removal of any trees from the property, tree
preservation and reforestation can be addressed at the time building permits are applied for.
5. Once the applicant receives the resolution approving the subdivision, he must record it and the
easement deeds within 30 days or it would be considered void.
Nielsen noted that Mr. Wartman was present.
Geng moved, Davis seconded, recommending approval of a minor subdivision for Tom Wartman
for his property located at 26985 Edgewood Road subject to the five conditions listed above and to
the applicant completing conditions 1 and 2 within 30 days of the October 6, 2015, Planning
Commission meeting. Motion passed 4/0.
Chair Geng stated Council will consider this matter during its October 26, 2015, meeting provided the
applicant has completed items 1 and 2 prior to the meeting packet for that meeting being sent out.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. OLD BUSINESS / NEW BUSINESS
Commissioner Davis asked if the City received an application for a fence permit for some property near
the intersection of Eureka Road and Smithtown Road. Nielsen stated no.
Director Nielsen explained someone had put posts up on that property so the Building Official issued a
stop work order. The individual came and spoke with Nielsen and told him that he was replacing an
existing fence. Nielsen explained to him that the old fence was nonconforming and that the replacement
fence had to be conforming. That individual was not happy about what he heard. He had already
purchased the necessary material and he wondered how he was going to have any privacy. Nielsen told
him he could have a four-foot-high fence. The Building Official told him earlier in the day that the person
put the fence up anyway. Nielsen noted staff has to find out if the law about replacing nonconforming
applies to accessory structures like a fence. If it was a legal nonconforming use the individual might be
protected by that statute. If he is not, he will start to get administrative penalties. The fence is solid and
the City does not allow that and the fence is too tall.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 6, 2015
Page 6 of 7
Commissioner Davis asked if the City has hired someone to provide urban forester and arborist services
yet. Director Nielsen stated that is on the agenda for Council’s October 12, 2015, meeting.
Chair Geng asked if the Planning Commission will start the review of the Comprehensive Plan in 2016.
Director Nielsen stated he thought some leg work may be done in 2016. A decision will have to be made
as to whether the review will be done in house or if a consultant will be hired to do the review. The
inventory type work would likely be done in house. Nielsen noted the system statement came out and in
half of the statement the City was referred to as Shoreview. The Metropolitan Council puts the statement
out.
6. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there is a redo of a minor subdivision, a conditional use permit for a used car sales
lot, and a zoning text amendment, conditional use permit and possible rezoning for a senior housing
project on the south side of Highway 7 near Chaska Road slated for the November 17, 2015, Planning
Commission meeting. He elaborated on the senior housing project.
7. REPORTS
• Liaison to Council
Council Liaison Woodruff reported on the items considered and actions taken during Council’s
September 28, 2015, meeting (as detailed in the minutes of that meeting).
• SLUC
Commissioner Davis commented that during the last Sensible Land use Coalition (SLUC) session she sat
with some very interesting people who were aghast that Shorewood’s park dedication fees were only
$6,500 per lot.
Director Nielsen explained that before the fees were increased to $6,500 from $5,000 staff researched
what other cities were charging. The $6,500 was about average.
Commissioner Davis stated if Director Nielsen gets the DVD recording for that meeting she encouraged
people to fast forward to the Wayzata portion about the construction of the promenade. She thought only
a person in engineering could really appreciate what went into the ground before everything on top was
built. Those in attendance paid very close attention to that discussion. She found Wayzata Mayor Wilcox
to be extremely engaging and very funny. She stated the first discussion was about Eden Gardens.
• Other
Chair Geng stated he went to the James J Hill Days event in Wayzata and came in contact with two Orono
Planning Commissioners. They had a tent set up and were raising funds for a park that would be
constructed on the former Lakeview Golf Course property. Many residents lobbied for that site to be park
land. The Orono Council was asked to put some of the land aside for park land; that Council chose not to.
The two Commissioners asked the developer what he thought about privately owned public space
(POPS). The developer was intrigued by the idea. That is what the Commissioners were raising funds for.
The developer would match the funds and some other donations would also match funds. There is a
deadline of raising about $400,000 by the end of October. The two Commissioners asked him about the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 6, 2015
Page 7 of 7
redevelopment of the former Minnetonka Country Club (MCC) property. They were surprised when he
told them that over 40 percent of the site would remain preserved and open and they were impressed with
what is being proposed for public space. He highlighted some of the components proposed for that POPS
site which would be about one acre in size.
8. ADJOURNMENT
Davis moved, Johnson seconded, adjourning the Planning Commission Meeting of October 6, 2015,
at 7:50 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
#8A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Ferraro – Conditional Use Permit for Accessory Space
Meeting Date: 26 October 2015
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Planning Director’s memorandum
Draft Resolution
Policy Consideration: Should the City grant a conditional use permit for the property at 5465 Grant
Lorenz Road to allow accessory space in excess of 1200 square feet?
Background: See attached memorandum. The Planning Commission held a public hearing at its 6
October meeting to consider this application. The Commission voted unanimously to recommend
approval of the C.U.P. as presented.
Financial or Budget Considerations: The application fee paid by the applicant covers the cost of
processing the application.
Options: Approve the CUP; modify the CUP; or deny the CUP.
Recommendation / Action Requested: Adoption of the attached resolution is recommended.
Next Steps and Timelines: Upon approval of the resolution, a building permit for the proposed garage
may be issued.
Connection to Vision / Mission: Sustainable tax base.
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
RESOLUTION NO. _________
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO STEPHEN FERRARO
WHEREAS
, Stephen Ferraro (Applicant) is the owner of real property located at 5465
Grant Lorenz Road, in the City of Shorewood, County of Hennepin, legally described as:
“The North 100 feet of the South 300 feet of the West 300 feet of Lot 80 AUDITOR’S
SUBDIVISION NO. 133”; and
WHEREAS
, the Applicant has applied to the City for a Conditional Use Permit for the
construction of a detached garage, the area of which, when added to the area of existing
accessory space on the property, will bring the total area of accessory space on the property up to
1675 square feet; and
WHEREAS
, the Shorewood City Code requires a Conditional use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS
, the Applicant’s request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 30
September 2015, which memorandum is on file at City Hall; and
WHEREAS
, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 6 October 2015, the minutes of
which meeting are on file at City Hall; and
WHEREAS
, the Applicant’s request was considered by the City Council at its regular
meeting on 26 October 2015, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property is located in a R-1A, Single-Family Residential/Shoreland
zoning district and contains approximately 47,253 square feet of area.
2. The total proposed accessory space (1675 square feet) does not exceed the floor
area above grade of the principal structure (1729 square feet on the main floor).
3. The total area of accessory space does not exceed 10% of the minimum lot area
for the R-1A zoning district in which it is located (4000 square feet).
4. That the design and materials of the proposed attached garage are compatible with
the architectural character of the existing home and the neighborhood in which it is located.
5. The subject garage complies with all setback requirements for the R-1A zoning-
district.
CONCLUSION
A. The application of Stephen Ferraro for a Conditional Use Permit as set forth
herein above be and hereby is granted.
B. This approval is subject to the following:
1. The attached garage will be used strictly for purposes of a residential
nature.
2. The Applicant is hereby advised that the City Code provides specific
regulations relative to home occupations and any future use of the garage
for other than allowable residential purposes would have to comply with
such regulations.
C. That the City Administrator/Clerk is hereby authorized and directed to provide the
Applicant with a certified copy of this Resolution for filing with the Hennepin County Recorder
or Registrar of Titles.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD
this 26 day of
October 2015.
ATTEST: Scott Zerby, Mayor
Jean Panchyshyn, City Clerk
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#8B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Woodside Cemetery – Proposed Sign Code Amendment
Meeting Date: 26 October 2015
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Planning Director’s Memorandum
Draft Ordinance
Policy Consideration: Should the City amend its sign regulations to allow Woodside Cemetery to erect a
traditional entry arch with an attached identification sign?
Background: See attached Memorandum for detailed background on this item. The Planning
Commission conducted a public hearing on this application on 6 October and voted unanimously to
recommend approval. A draft code amendment is attached for the City Council’s consideration.
Financial or Budget Considerations: The applicant’s application fees cover the cost of processing the
application.
Options: Approve the amendment; modify it; or deny it.
Recommendation / Action Requested: Adoption of the code amendment is recommended.
Next Steps and Timelines: Upon publishing in the official newspaper, the amendment will become
effective.
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
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO CEMETERY SIGNS
Section 1
. City Code Section 1201.03 Subd. 11. e.(1) is hereby amended to include:
“(e) Cemetery identification signs: One freestanding sign not to exceed 20 square feet in area.
The freestanding sign may be affixed to an entry-way arch, not exceeding 18 feet in
height.”
Section 2
. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 26th day of
October 2015.
SCOTT ZERBY, MAYOR
ATTEST:
JEAN PANCHYSHYN, CITY CLERK
#9A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Speed Study – Eureka Road between TH 7 and Smithtown Road
Meeting Date: October 26, 2015
Prepared by: Paul Hornby, City Engineer
Reviewed by:
Attachments: WSB Traffic Memorandum, dated 10/19/15.
Policy Consideration: Should the City of Shorewood change the posted speed limit on Eureka Road?
Background: The City of Shorewood staff received a request for a speed study for Eureka Road between
TH 7 and Smithtown Road from residents along the corridor. The City Council authorized a speed study
be performed when Schools were back in session.
Staff has directed WSB’s Traffic Engineers to perform the speed study on Eureka Road and prepare a
memorandum with recommendation for speed posting and other traffic related items. WSB staff has
performed the roadway field work, data analysis, and prepared a memorandum with their traffic
recommendations. In summary, the traffic memorandum recommends:
Speed limit posting at 30 MPH
Education through a neighborhood awareness campaign
Targeted enforcement of the posted speed
The memorandum is enclosed for Council’s information. Since the roadway speed is currently posted at
the statutory speed limit of 30 MPH, a resolution for this speed limit is not provided. The Council does
have discretion in the posting of the speed limit under statute.
Financial or Budget Considerations: At this time, there are no financial impacts for the
recommendations of the traffic study.
Options: The Council has created a Traffic Committee to review/prioritize traffic issues in the City.
Council may want to consider whether this committee should review requests and provide
recommendations to the Council on future traffic concerns.
Recommendation / Action Requested: Staff recommends Council accept the traffic memorandum and
implement the targeted speed enforcement for this roadway.
Next Steps and Timelines: Upon Council Action, staff will contact the SLMPD with Council direction.
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
#9B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
nd
Title / Subject: Speed Study – Cathcart Drive between West 62 Street and Smithtown Road
Meeting Date: October 26, 2015
Prepared by: Paul Hornby, City Engineer
Reviewed by:
Attachments: WSB Traffic Memorandum, dated 10/19/15.
Policy Consideration: Should the City of Shorewood change the posted speed limit on Cathcart Drive?
Background: The City of Shorewood staff received a request for a speed study for Cathcart Drive
between West 62nd Street and Smithtown Road from residents along the corridor. The City Council
authorized a speed study be performed when Schools were back in session.
Staff has directed WSB’s Traffic Engineers to perform the speed study on Cathcart Drive and prepare a
memorandum with recommendation for speed posting and other traffic related items. WSB staff has
performed the roadway field work, data analysis, and prepared a memorandum with their traffic
recommendations. In summary, the traffic memorandum recommends:
Speed limit posting at 30 MPH
Education through a neighborhood awareness campaign
Targeted enforcement of the posted speed
The memorandum is enclosed for Council’s information. Since the roadway speed is currently posted at
the statutory speed limit of 30 MPH, a resolution for this speed limit is not provided. The Council does
have discretion in the posting of the speed limit under statute.
Financial or Budget Considerations: At this time, there are no financial impacts for the
recommendations of the traffic study.
Options: The Council has created a Traffic Committee to review/prioritize traffic issues in the City.
Council may want to consider whether this committee should review requests and provide
recommendations to the Council on future traffic concerns.
Recommendation / Action Requested: Staff recommends Council accept the traffic memorandum and
implement the targeted speed enforcement for this roadway.
Next Steps and Timelines: Upon Council Action, staff will contact the SLMPD with Council direction.
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
#10A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Public Safety Facility Bond Refunding
Meeting Date: October 26, 2015
Prepared by: Bruce DeJong
Attachment: Resolution
Policy Consideration:
Should the City Council authorize the Shorewood Economic Development Authority (EDA) to issue
refunding bonds at this time to generate interest cost savings?
Background:
The City's bond consultant, Terri Heaton, of Springsted, Inc., will present the information for the
refunding of the 2007 bond issues for the EDA. Ms. Heaton will provide the details regarding specific
terms and conditions. The bonds are lease revenue bond that will refinance the debt of the EDA for the
joint Police/Fire building in Shorewood and the Fire building in Deephaven. The boards for the
Excelsior Fire District and South Lake Minnetonka Police Department have already passed resolutions
authorizing the refunding.
Staff will schedule a conference call with Moody's Investor Services for the purposes of assigning a bond
rating to this sale. We anticipate they will affirm the City's current Aa2 rating.
Financial or Budget Considerations:
This refunding is estimated to save in excess of $350,000 on a net present value basis. The 5-6% savings
is well in excess of the 3% minimum savings required by state statute for advance refunding bonds.
Options:
The City Council may choose to:
1.Authorize the call for sale.
2.Reject the call for sale.
Recommendation / Action Requested:
Staff recommends adoption of the Resolution Giving Preliminary Approval To
Issuance of Refunding Bonds.
Next Steps and Timelines:
The bond sale details will be brought back for acceptance by the City Council on December 14.
Connection to Vision / Mission:
This process contributes to sound financial management by providing low cost financing of city
infrastructure.
CITY OF SHOREWOOD
RESOLUTION NO. 15-____
RESOLUTION GIVING PRELIMINARY APPROVAL TO
ISSUANCE OF REFUNDING BONDS RELATED TO
CERTAIN PUBLIC SAFETY FACILITIES
BE IT RESOLVED By the City Council (the “Council”) of the City of Shorewood, Minnesota
(“Shorewood”) as follows:
Section 1. Recitals; The West Side Fire Project.
1.01. The Excelsior Fire District (the “District”), in conjunction with Shorewood and the
Shorewood Economic Development Authority (the “Authority”), financed a portion of the cost to
construct a fire facility located in Shorewood (the “West Fire Side Project”) through the issuance by the
Authority of its $3,865,000 Public Safety Fire Facility Lease Revenue Bonds, Series 2002A (City of
Shorewood, Minnesota Lease Obligation) (the “Series 2002A Bonds”), pursuant to a Trust Indenture, dated
as of September 1, 2002 (the “West Side Indenture”), between the Authority and U.S. Bank National
Association, as trustee (the “Trustee”).
1.02. The District, in conjunction with Shorewood and the Authority, financed additional costs of
the West Fire Side Project through the issuance by the Authority of its $1,195,000 Public Safety Fire Facility
Lease Revenue Bonds, Series 2003A (City of Shorewood, Minnesota Lease Obligation) (the
“Series 2003A Bonds”), pursuant to the West Side Indenture, as modified by a First Supplemental Trust
Indenture, dated as of April 15, 2003 (the “Supplemental Indenture”).
1.03. The District and the South Lake Minnetonka Police Department (the “Department”) lease
certain property to the Authority pursuant to the Ground Lease (West Side), dated as of September 1, 2002, as
amended by the First Amendment to Ground Lease (West Side), dated as of April 15, 2003 (together, the
“West Side Ground Lease”), and the Authority leases such property, together with the buildings, structures or
improvements now or hereafter located thereon, to Shorewood pursuant to a Lease Purchase Agreement
(West Side Fire Facilities), dated as of September 1, 2002, as amended by a First Amendment to Fire Facility
Lease-Purchase Agreement, dated as of April 15, 2003 (together, the “West Side Fire Facility Lease”),
between the Authority and Shorewood.
1.04. With the Authority’s consent, Shorewood entered into a Sublease Purchase Agreement
(West Side Fire Facilities), dated as of September 1, 2002 (the “West Side Fire Sublease”), with the District,
under which the District undertakes Shorewood’s obligations under the West Side Fire Facility Lease.
1.05. Pursuant to an Assignment and Security Agreement, dated as of September 1, 2002, as
amended by a First Supplemental Assignment and Security Agreement, dated as of April 15, 2003 (together,
the “West Side Assignment”), the Authority assigned to the Trustee all of the Authority’s right, title and
interest in and to the West Side Ground Lease, the West Side Fire Facility Lease, the West Side Fire
Sublease, and the Lease Payments to be made by the District thereunder (other than certain rights to
indemnification and payment of expenses) as security for the Series 2002A Bonds and the Series 2003A
Bonds.
469827v1 MNI SH230-54
1.06. At the request of the District and in order to achieve debt service savings, the Authority
refunded the Series 2002A Bonds and the Series 2003A Bonds through the issuance of its $4,130,000
Public Safety Fire Facility Lease Revenue Crossover Refunding Bonds, Series 2007A (City of
Shorewood, Minnesota Lease Obligation) (the “Series 2007A Bonds”), dated January 25, 2007.
Section 2. Recitals; The West Side Police Project.
2.01. The Department, in conjunction with the City and the Authority, financed a portion of the
cost to construct a police facility located in Shorewood (the “West Side Police Project”) through the
issuance by the Authority of its $4,025,000 Public Safety Police Facility Lease Revenue Bonds,
Series 2002B (City of Shorewood, Minnesota Lease Obligation) (the “Series 2002B Bonds”), all pursuant
to the West Side Indenture.
2.02. The Department, in conjunction with Shorewood and the Authority, financed additional
costs of the West Side Fire Project through issuance by the Authority of its $1,220,000 Public Safety Police
Facility Lease Revenue Bonds, Series 2003B (City of Shorewood, Minnesota Lease Obligation) (the
“Series 2003B Bonds”), pursuant to the West Side Indenture as modified by the Supplemental Indenture.
2.03. The Department and the Excelsior Fire District (the “District”) lease certain property to
the Authority pursuant to the Ground Lease (West Side), dated as of September 1, 2002, as amended by a
First Amendment to Ground Lease (West Side), dated as of April 15, 2003 (the “West Side Ground Lease”),
and the Authority leases such property, together with the buildings, structures or improvements now or
hereafter located thereon, to Shorewood pursuant to a Lease Purchase Agreement (West Side Police
Facilities), dated as of September 1, 2002, between the Authority and Shorewood, as amended by a First
Amendment to Lease-Purchase Agreement, dated as of April 15, 2003 (the “West Side Police Facility
Lease”).
2.04. With the Authority’s consent, Shorewood entered into a Sublease Purchase Agreement
(West Side Police Facilities) with the Department, dated as of September 1, 2002 (the “West Side Police
Sublease”), under which the Department undertakes Shorewood’s obligations under the West Side Police
Facility Lease.
2.05. Pursuant to an Assignment and Security Agreement, dated as of September 1, 2002, as
amended by a First Supplemental Assignment and Security Agreement ,dated as of April 15, 2003 (the “West
Side Assignment”), the Authority assigned to the Trustee all of the Authority’s right, title and interest in and
to the West Side Ground Lease, the West Side Police Facility Lease, the West Side Police Sublease, and the
Lease Payments to be made by the Department thereunder (other than certain rights to indemnification and
payment of expenses) as security for the Series 2002B Bonds and the Series 2003B Bonds.
2.06. At the request of the Department and in order to achieve debt service savings, the
Authority refunded the Series 2002B Bonds and the Series 2003B Bonds through the issuance of its
$4,285,000 Public Safety Police Facility Lease Revenue Crossover Refunding Bonds, Series 2007B (City
of Shorewood, Minnesota Lease Obligation) (the “Series 2007B Bonds”), dated January 25, 2007.
Section 3. Refunding of Series 2007 Bonds Authorized.
3.01. In order to realize further debt service savings, the District and the Department have
proposed that the Authority issue one or more series of refunding bonds in order to refund the
Series 2007A Bonds and the Series 2007B Bonds. In addition, the District has proposed that the
Authority issue refunding bonds to refund its $1,585,000 Public Safety Fire Facility Lease Revenue
Crossover Refunding Bonds, Series 2007C (City of Deephaven, Minnesota Lease Obligation) (the “Series
2
469827v1 MNI SH230-54
2007C Bonds”), which were issued to refinance the cost of a fire facility located in the City of Deephaven
(“Deephaven”), such facility being referred to as the “East Side Fire Project.” The Series 2007A Bonds,
the Series 2007B Bonds, and the Series 2007C Bonds are referred to collectively herein as the “Series 2007
Bonds.”
3.02. Shorewood authorizes and requests the Authority, the District, the Department and
Deephaven and their consultants to take all steps necessary to issue current refunding bonds to refund the
Series 2007 Bonds, subject only to the following terms and conditions:
(a) The Authority, in consultation with its municipal advisor, may issue refunding
bonds on a negotiated or competitive basis, as they determine to be in the best interest of the
District and the Department.
(b) The Authority is authorized to accept bids or enter into a bond purchase
agreement for each series of bonds only if the refunding bonds meet a minimum net debt service
savings of three percent (3.0%).
3.03. Shorewood staff and consultants are authorized and directed to take any actions and
provide any information or assistance required in connection issuance of any refunding bonds described
in this resolution, including without limitation providing information required for preparation of official
statements.
3.04. The Authority is authorized and requested to bring to this Council for final approval any
documents necessary to issue the refunding bonds described in this resolution, including without
limitation any amendments to the relevant indentures, leases, and subleases.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 26th
day of October, 2015.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
3
469827v1 MNI SH230-54
10/16/15
The City of Shorewood
Attn: dill Joynes, City Administrator
5755 Country Club Road
Shorewood, MN 55331
DEEPHAVEN
]Dear Mr. Joynes
EXCELSIOR
The Lake Minnetonka Communications Commission has always looked for new and
GREENWOOD
unique ways to improve the quality of our productions and services for our Member
Cities. We are very pleased to announce that at our Full Commission meeting on
Thursday, October 8th the Commission approved our new Audio /Video Support
INDEPENDENCE
Program.
The Commission has allocated $80,000.00 to assist member Cities with approved.
LONG LAKE
improvements to a, Cities audio and video equipment. The amount of funding being
allocated to each of our Member Cities is based on. the percentage of our total
�oRETro
Mediacom subscribers that each Member Cities has within It's boarders.
This program went into effect on October 8t", 2015 and will run through the calendar
MAPLE PLAIN
year of 201.9.
Along with this brief letter, you are also receiving a copy of the AN Support Program
MINNEBEACH
and a breakout per Member City of the amount being allocated for each Member
City.
Again, these allocations are based on your City's percentage of'the total number of
ST. SONIFACIUS
Mediacom Subscribers that live within LMCC Member Cities.
If you have any questions regarding this brief letter introducing this great program or
swoREwooD
the program as outlined in the attachments, please feel free to contact me at: your
convenience;
SPRING PARK
Sincerely,
WOODLAND
Jim Lundberg
Operations Manger
Lake Minnetonka Communications Commission
(952 )471 -7125 x104
iim a lmce- tv.org
LMCC Member City AN Support Program:
Purpose:
Provide financial support to LMCC Member Cities as a means of improving audio /visual
recording capabilities.
Proposal:
The LMCC will allocate $80,000.00 for Member Cities to use for *approved audio /video
improvements. The amount allocated per City is based on the number of Mediacom subscribers
within a Member City and is outlined in the spreadsheet that is attached to this document. The
LMCC will pay up to the Member City's total AN Support Program allocation after the City
has completed the *approved installation.
How it works:
-To qualify for the LMCC AN Support Program, Member Cities must coordinate their purchases
and installation with the LMCC's Operations Manager and use an LMCC approved Vendor.
-Once the installation is the Vendor will submit the initial invoice to the LMCC who will pay up
to the total allocated for the Member City.
-If the total purchase cost for the AN improvements is higher than the City's AN Support
Program allocation, the balance must be paid for by the member City.
-If the total purchase is less than the City's AN Support Program allocation, the balance will be
held in reserve for the City to use at a later date.
-This program covers purchases made since October 8th, 2015 and is available for Member Cities
to use until the end of 2019.
*Approved: LMCC Member Cities must work through the LMCC Operations Manager to bid
out the audio visual improvements using an approved vendor. The LMCC Operations Manager
will assist the Member City to determine their needs, schedule meetings with approved vendors
and the Member City and review the bids. The LMCC Operations Manager will work with the
Member City to choose the bid that is in the Member City's and the LMCC's best interest.
Who is eligible?
-Only current LMCC Member Cities are eligible for this AN Support Program.
How often can an LMCC Member City use the AN Support Program?
-LMCC Member Cities can use the AN Support program as often as they would like until the
end of 2019 or until all of your City's AN Support Program allocation is used.
City:
Subs:
% of Funding
At $80k
Deephaven
671
14.37%
$
11,496.00
Excelsior
595
12.74%
$
10,192.00
Greenwood
143
3.10%
$
2,480.00
Independence
187
4.06%
$
3,248.00
Long Lake
301
6.53%
$
5,224.00
Loretto
122
2.65%
$
2,120.00
Maple Plain
320
6.95%
$
5,560.00
Mtka. Beach
107
2.03%
$
1,624.00
Shorewood
1313
28.50%
$
22,800.00
Spring Park
352
7.64%
$
6,112.00
St. Bonifacius
404
8.77%
$
7,016.00
Woodland
92
2.00%
$
1,600.00
Totals:
4607
99.34%
$
79,472.00
Based on March 2014 Mediacom Data
CAF SN
#11A.1
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
Re: Trail Schedule Update – Galpin Lake Road and Smithtown Road (East)
Prepared by Paul Hornby and Brad Nielsen
Galpin Lake Road Walkway Schedule – PROJECT IS POSTPONED
Planning Commission recommendation to Council re trail segment for following year
Council authorizes preparation of survey and Feasibility Report
Survey (30 days) – May
Feasibility Report (30 days) – June
Planning Commission review of feasibility report and trail walk – July
Planning Commission recommendation to Council re Feasibility Report
Council approves Feasibility Report
Planning Commission holds Neighborhood Meeting (Open House)
Council award of land acquisition services and authorizes preparation of Plans and Specifications
Preparation of Plans and Specifications (90 days)
95% Complete submittal to MnDOT 7/01/14
MnDOT Review Complete 7/31/14
CC Authorization to Advertise for bids 6/23/14
Open Bids 8/19/14
CC consideration of Award 8/25/14
Land Acquisition Process (start approx. mid-way through plans and specs)
Land Acquisition process not required due to design modifications
o
Individual temporary easements or rights of entry may be required
o
Reduces project schedule
o
10/30/14
Neighborhood post-bid meeting
N/A
City possession of easements/letter of compliance
Groundbreaking Ceremony TBD
Begin Construction TBD
Construction substantially complete – Phase 1 Construction TBD
Construction substantially complete – Phase 2 Construction TBD
Ribbon Cutting Ceremony TBD
Restoration complete TBD
Page 2
Trail Schedule Update – Galpin Lake Road and Smithtown Road (East)
Smithtown Road East (LRT Trail to Country Club Road) Walkway Schedule
6/03/14
Planning Commission recommendation to Council re trail segment for following year
6/23/14
Council authorizes preparation of survey and Feasibility Report
/14/14 – 9/10/14
Survey (30 days) – (In Process) 7
/18/14–10/10/14
Feasibility Report (30 days) – 8
10/21/14
Planning Commission review of feasibility report and trail walk
10/21/14
Planning Commission recommendation to Council re Feasibility Report
10/27/14
Council approves Feasibility Report
10/30/14
Planning Commission holds Neighborhood Meeting (Open House)
12/08/14
Council award of land acquisition services and authorizes preparation of Plans
and Specifications
12/11/14 -5/31/15
Preparation of Plans and Specifications (90-120 days) (99% complete)
2/1/15- 8/31/15
Land Acquisition Process (start approx. mid-way through plans and specs)
Complete parcel descriptions and legal descriptions
o
Review proposed easements with staff/attorney
o
Letters to property owners regarding survey staking
o
Field stake proposed easements for Appraiser/RW Agent
o
Easement viewing – parcel owner and RW Agent on-site
o
Appraisal information
o
Appraisal review
o
Council considers resolution to authorize staff to make offers and eminent domain schedule
o
Prepare and deliver offers to parcel owners
o
3/23/15
Begin eminent domain action
/03/15
Neighborhood informational meeting (Open House) 6
Council approves Plans and Specifications and authorizes ad for Bids 7/13/15
8/21/15
Receive bids for construction
8/24/15
City possession of easements/letter of compliance
Council awards Construction Contract 8/24/15
9/09/15
Neighborhood preconstruction meeting
Groundbreaking Ceremony 9/14/15
5/02/16
Begin Construction
6/30/16
Construction substantially complete
Ribbon Cutting Ceremony 6/30/16
6/30/16
Restoration complete