11-09-15 CC Reg Mtg AgendaP
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, NOVEMBER 9, 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 Regular Meeting Minutes of October 26, 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. City Hall Holiday Schedule and Office Hours Administrator’s memo
C. Approval of Change Order No. 4 - Valleywood Area Improvements Engineer’s memo,
City Project 13-01 Resolution
D. Accepting Improvements and Authorizing Final Payment for the Engineer’s memo,
Valleywood Lane/Valleywood Circle Improvements, City Project 13-01 Resolution
E. Shorewood Ponds Declaration Change Planning Director’s
memo
4. MATTERS FROM THE FLOOR
(No Council Action will be taken)
5. PUBLIC HEARING
A. Continuation of Public Hearing from October 26 for Islandview Properties – Planning Director’s
Vacation of Sanitary Sewer Easement memo, Resolution
6. REPORTS AND PRESENTATIONS
7. PARKS
8. PLANNING
9. ENGINEERING/PUBLIC WORKS
CITY COUNCIL REGULAR MEETING AGENDA – November 9, 2015
Page 2
10. GENERAL/NEW BUSINESS
A. Certification of Delinquent Charges Finance Director’s
memo, Resolution
B. Lake Minnetonka Communications Commission A/V Support Communications
Program Options Coordinator’s memo
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Trails Schedule Trails Schedule
2. Monthly Budget Report Finance Director’s memo
3. Quarterly Investment Report Finance Director’s memo
4. Property Valuation and Tax Review Finance Director’s memo
5. Water System Leak Detection Survey Director of Public Works’ memo
6. Sign Inventory Program Update Director of Public Works’ memo
B. Mayor and City Council
1. Southshore Center and City of Excelsior Proposal
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, November 9, 2015
7:00 p.m.
6:00 PM – Work Session is scheduled.
Agenda Items #2A: Approval of Minutes from the October 26, 2015, Regular City Council meeting.
Agenda Item #3A: Approval of the verified claims list.
The city hall Christmas holiday schedule is provided for Council’s
Agenda Item #3B:
consideration.
Agenda Item #3C: Approval of Change Order No. 4, for the Valleywood Area Street Improvements,
a “Compensating” Change Order that indicates the construction cost compared to the approved
contract as awarded plus approved change orders. Change Order No. 4 provides a reduction in the
approved contract amount.
Agenda Item #3D: Approve Resolution accepting the constructed improvements and authorizing final
payment for the 2013 Street, Drainage, and Utility Improvements for Valleywood Lane and
Valleywood Circle, City Project 13-01.
Agenda Item #3E: The Shorewood Ponds Association has requested that the City sign off on an
amendment to their declaration of covenants that would limit the number of units that can be rented
out at any one time. This amendment is outside of the City’s interest in the declaration, which is
simply to ensure that the project remains senior housing. Staff recommends that the Council pass a
motion authorizing the Mayor to execute the amendment on behalf of the City.
Agenda Item #4: Matters from the Floor – no council action will be taken
Agenda Item #5A: This is a continuation of the hearing that was opened at the last meeting. The
property owner has asked the City to vacate the existing sanitary sewer easement, in exchange for a
new easement. He would then be able to relocate the existing sewer line to make room for a
swimming pool on the north side of the house. The owner has adjusted his plans to address
concerns raised by the City Engineer. Subject to the Engineer’s approval, approval of the
resolution in your packet is recommended.
Agenda Item #6: There are no scheduled reports or presentations this evening.
Agenda Item #7: There are no parks items this evening.
Agenda Item #8: There are no planning items this evening.
Agenda Item #9: There are no engineering/public works items this evening.
Executive Summary – City Council Meeting of November 9, 2015
Page 2
Agenda Item #10A: Attached is the Resolution certifying delinquent charges.
Agenda Item #10B: Options for use of the LMCC A/V Support funds are provided for Council’s
discussion.
Agenda Item 11A: Staff reports are included in the packet and will be provided at the meeting.
Agenda Item 11B: Mayor Zerby will report on the Southshore Center and City of Excelsior proposal.
#3A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Verified Claims
Meeting Date: November 9, 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.
61997-62002 & ACH 26,835.51
Pending 62003-62031 & ACH 417,108.36
Total Claims $443,943.87
We have also included a payroll summary for the payroll period ending October 31, 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: City Hall Holiday Schedule and Office Hours
Meeting Date: November 9, 2015
Prepared by: Bill Joynes, City Administrator
This year, the December holiday schedule provides for ½ day holiday on Thursday, December 24 and a
full day holiday on Friday, December 25.
Phone and walk-in business is typically very slow the week between Christmas and New Years. Many
staff use vacation time for part or all of that week, so a skeletal crew is typically on duty. Staff is
requesting to officially close city hall this year all day on Thursday, December 24. City Hall Staff may use
vacation or accrued comp time for that 1/2 day off.
As established by the Union contract, the Public Works Department will remain open for the ½ day on
Thursday, December 24.
City Hall closures are posted on the city website, in the newsletter and on the front door of City Hall.
Council Action:
A motion authorizing the official closure of City Hall for the Christmas holiday on December 24-25 and to
allow staff to use vacation or comp time for the ½ day on December 24.
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: Valleywood Area Improvements, City Project 13-01 – Change Order No. 4
Meeting Date: November 9, 2015
Prepared by: Paul Hornby
Reviewed by:
Attachments: Change Order No. 4, Resolution Approving Change Order No. 4
Background: On September 9, 2013, the City Council accepted bids and awarded the construction
contract for the 2013 Street, Drainage, and Utility Improvements (Valleywood Lane and Valleywood
Circle), City Project 13-01 to Minger Construction, Inc. (Minger).
The City Council previously approved Change Orders 1, 2, and 3, which included pavement wear course
placement date modification, storm system modifications, removal of large trees in the right of way,
improved pipe foundation, and salvaging and reinstalling concrete driveway paver bricks for two
driveways on Valleywood Circle.
Change Order No. 4 is a compensating Change Order that shows the final contract construction cost
compared to the original construction cost plus approved change orders. This Change Order illustrates
the project has been constructed $53,844.98 below the original construction cost plus approved change
orders.
Financial or Budget Considerations: The project construction contract as bid was awarded by the
Council in the amount of $534,228.35, increased to $556,251.80 with approved change orders. Change
Order No. 4 will decrease the contract $53,844.98 to $502,406.82, with project construction completed
approximately 6.0% below the original contract.
Recommendation / Action Requested: Staff recommends approval of the enclosed Resolution
Approving Change Order No. 4.
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 APPROVING CHANGE ORDER NO. 4 FOR
2013 STREET DRAINAGE AND UTILITY IMPROVEMENTS - VALLEYWOOD LANE
AND VALLEYWOOD CIRCLE IMPROVEMENTS
CITY PROJECT 13-01
WHEREAS
, the City of Shorewood Council awarded the contract for the reconstruction of
Valleywood Lane and Valleywood Circle from Eureka Road to the west end to Minger
Construction, Inc. of Chanhassen, Minnesota; and
WHEREAS
, the Capital Improvement Plan provides $743,000 for the improvement project;
and
WHEREAS
, Change Order Nos. 1, 2, and 3 increased the contract amount $22,023.45 and
were previously approved to construct the improvements; and
WHEREAS
, Change Order No. 4 will decrease the project construction cost in the amount
of $53,844.98, from the current contract amount of $556,251.80 to $502,406.82.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Shorewood,
Minnesota:
1.Change Order No. 4 in the decreased amount of $53,844.98 is hereby approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 9th day
of November, 2015.
ATTEST: Scott Zerby, Mayor
Jean Panchyshyn, City Clerk
#3D
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Accepting Constructed Improvements and Authorizing Final Payment for the
2013 Street Drainage and Utility Improvements - Valleywood Lane/Valleywood Circle
Roadway Improvements, City Project 13-01
Meeting Date: November 9, 2015
Prepared by: Paul Hornby
Reviewed by:
Attachments: Resolution, Final Payment Summary
Background: The City awarded the 2013 Street Drainage and Utility Improvements - Valleywood
Lane/Valleywood Circle Roadway Improvements, City Project 13-01, to Minger Construction, Inc.
(Minger), September 9, 2013. This project consists of the reconstruction of the streets with a
combination of rural roadway segments with ditches to convey storm water runoff and urban roadway
segments with curb and gutter and storm sewer. The street section segments were determined through
the public process and extension of the City water System was not authorized with this project.
Minger has completed the scheduled work in general conformance with the Contract documents and
has requested final payment. The City Engineer has determined that the project is substantially
complete and final payment is appropriate.
Minger has submitted the two-year Maintenance Bond, Minnesota Form IC-134 Withholdings Affidavit,
lien waivers and the signed request for final payment.
A Resolution Accepting Improvements for the 2013 Street Drainage and Utility Improvements -
Valleywood Lane/Valleywood Circle Roadway Improvements, City Project 13-01, and Authorizing Final
Payment is included for Council consideration of approval.
Financial or Budget Considerations: The Capital Improvement Plan budget in the Street Reconstruction
Fund is $743,000, $142,000 from the Storm Water Fund and $601,000 from the Street Reconstruction
Fund. The bid awarded to Minger Construction, Inc. with a base bid plus Alternate total of $534,228.35
and the final project construction amount is $502,406.82.
The amount remaining for payment with Payment Request No. 7/Final is $26,719.75.
Recommendation / Action Requested: Staff recommends approval of the Resolution Accepting
Improvements for the 2014 Street Drainage and Utility Improvements - Valleywood Lane/Valleywood
Circle Roadway Improvements, City Project 13-01 and Authorizing Final Payment to Minger
Construction, Inc. in the amount of $26,719.75.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 15 -___
A RESOLUTION ACCEPTING IMPROVEMENTS
AND AUTHORIZING FINAL PAYMENT FOR
2013 STREET DRAINAGE AND UTILITY IMPROVEMENTS –
VALLEYWOOD LANE AND VALLEYWOOD CIRCLE IMPROVEMENTS
CITY PROJECT 13-01
WHEREAS
, on September 9, 2013, the City of Shorewood entered into a
contract with Minger Construction, Inc., for City Project 13-01 for the 2013 Street
Drainage and Utility Improvements; and,
WHEREAS,
the Contractor has substantially completed the project work and has
requested City acceptance of the project and final payment for the work performed and
documented to date; and,
WHEREAS,
the City Engineer has made final inspection of the project and
recommends acceptance and final payment be made by the City.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
The City hereby accepts the work completed pursuant to said contract and
authorizes final payment to the Contractor, and all warranties shall commence as of the
date of substantial completion.
ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD
this 9th day of November, 2015.
ATTEST: Scott Zerby, Mayor
Jean Panchyshyn, City Clerk
#3E
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Shorewood Ponds HOA – Revision to Declaration
Meeting Date: 9 November 2015
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Amendment to Declaration
Policy Consideration: Should the City sign off on a proposed amendment to the Shorewood Ponds
Association Declaration (of Covenants) that would limit the number of units that can be rented out in
the development?
Background: Shorewood Ponds is a senior housing project constructed in the late 90’s just north of
State Highway 7 and west of Eureka Road. The approval of that project included having the City as a
signatory to the declaration of covenants for the property. The City’s interest in the covenants is that
the project would remain senior housing unless at some time in the future the City agreed that the age
restriction would be lifted. The current Association and members propose an amendment to the
agreement that would limit the number of units that can be rented out at any given time. This is of no
interest to the City as it does not affect the age restriction requirements. Consequently, it is
recommended that the Mayor be authorized to execute the attached amendment to the declaration.
Financial or Budget Considerations: None.
Options: Authorize the Mayor to execute the amendment on behalf of the City; or deny the request.
Recommendation / Action Requested: Staff recommends that the City Council pass a motion,
authorizing the Mayor to execute the agreement.
Next Steps and Timelines: Upon execution of the agreement, it will be forwarded to the Association for
recording.
Connection to Vision / Mission: Quality public services?
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
COMMON INTEREST COMMUNITY NUMBER 933
SHOREWOOD PONDS ASSOCIATION
SECOND AMENDMENT TO DECLARATION
This Second Amendment to Declaration ( "Second Amendment ") is made effective this
day of , 2015, by Shorewood Ponds Association, a non - profit corporation
under the laws of the State of Minnesota (the "Association "), by approval of the required
percentage of the votes in the Association pursuant to Minnesota Statutes chapter 515B and
Section 19 of the Declaration for the real property operated by the Association (the
"Declaration "), and the City of Shorewood.
WHEREAS, the Declaration was recorded in the Hennepin County Recorder's office on
November 10, 1999 as Document No. 7213567 on the Property (as that term is defined therein);
and
WHEREAS, the Declaration may be amended by the consent of; (i) Owners of Units to
which are allocated at least sixty -seven percent (67 %) of the votes in the Association; (ii) the
percentage of Eligible Mortgagees required by Section 20 of the Declaration as to matters
prescribed to said Section; (iii) the City of Shorewood; and (iv) if the amendment is of the type
enumerated in Section 17.7 of the Declaration and the Declarant still owns any unsold Units, the
Declarant; and
WHEREAS, the First Amendment to Declaration ( "First Amendment ") was duly passed
and approved pursuant to the above procedures and recorded in the Hennepin County Recorder's
office on January 1, 2011 as Document No. A9669648; and
WHEREAS, there are no such Eligible Mortgagees at the time this Second Amendment
is made; and
WHEREAS, the Declarant no longer owns any unsold Units within the Association; and
WHEREAS, the Association desires to subject the real property described in the attached
Exhibit A (the "Property ") to this Second Amendment; and
WHEREAS, the necessary percentage of votes of the members has approved this Second
Amendment as set forth in the attached Exhibit B; and
WHEREAS, the City of Shorewood has approved this Second Amendment
NOW, THEREFORE, the Association makes this Second Amendment declaring that
the Declaration shall be amended as set forth herein, and that the covenants and restrictions
hereafter set forth shall be binding upon all persons having any right, title or interest in the
Property, including their heirs, personal representatives, grantees, successors and assigns,
effective as of the date of the filing of this Second Amendment.
I . Each of the above recitals is true and correct and is hereby incorporated by this reference.
2. Section 7.5 of the Declaration shall be amended, modified and restated as follows:
a. "7.5. Non - rental of Units. With the exception of a lender in possession of a
Unit following a default in a first mortgage, a foreclosure proceeding, or
any deed or other arrangement in lieu of foreclosure, or the Association
itself, no Owner shall be permitted to lease a Unit, except as set forth
herein.
a. Number of Rental Units. No more than two (2) Units may be
rented or leased at any point in time. Once two (2) units have been
rented or leased, no additional Unit may be rented or leased by any
Owner, and only an Owner or the Owner's relative(s), or a live -in
care provider as permitted under Section 7.3 of this Declaration,
may occupy the Unit. A Unit occupied by an Owner's relative shall
not count as a rental unit for purposes of this restriction, so long as
the Owner(s) and any Occupants of the Unit comply with
paragraphs b. — e. of this Section 7.5. For purposes of this
provision, "relative" shall be defined as provided in Minnesota
Statutes Section 273.134, subdivision 1 (c). A Unit owned by a
corporation, limited liability company, partnership, trust or other
non - individual entity will be considered to be occupied by the Unit
Owner for purposes hereof if one (1) or more of the principal
owners or beneficiaries of such entity continuously occupy the
Unit.
b. Eligibility _ to Rent. A Unit may not be rented or leased for more
than two (2) years during the period that the Owner owns the Unit,
with such two -year period commencing as of the date this Second
Amendment is recorded. All current and future leases or renewals
permitted by this Section must be in writing, and shall provide that
the lease and the tenant's rights under it are subordinate and
subject to the provisions of the Governing Documents, the Rules
and Regulations, and the Act, as each may be amended or
supplemented from time to time, and that any failure of the lessee
to comply with the terms of such documents shall be a default
under the lease. No lease shall be for less than the entire Unit. No
lease may be for a term of less than one (1) year. No Unit shall be
leased for transient or hotel purposes. No Unit may be subleased.
In the event any Owner leases his, her or its Unit, the Owner shall
at all times keep the Association advised in writing of the address
of his, her, or its current residence and any changes thereto, and of
the name(s) of his, her, or its tenant(s). Before commencement of
any lease term, the Unit Owner shall deliver to the Secretary of the
Association or the Secretary's designee (such as a professional
2
property manager) a complete copy of the lease or rental
agreement and evidence that a criminal background check has been
completed on the prospective tenant (without providing or
revealing the contents of the background check itself). Any sale by
an unrecorded contract for deed will be considered to be a lease
and subject to the provisions of this Section until and unless the
Contract for Deed is recorded, in which event the vendee will be
considered as the Owner of the Unit in accordance with Section
1.13 of the Declaration and the Act. The requirements of this
Paragraph shall be referred to as the "Leasing Eligibility
Requirements."
C. Compliance with Leasing Eligibility Requirements. Within 30 days
of the date this Second Amendment is recorded with the County,
any Unit Owner then leasing or renting his, her, or its Unit shall
provide to the current Occupant(s) notice that the tenancy shall end
within two (2) years of the effective date of this Second
Amendment, and shall provide proof to the Association that such
notice has been provided, or shall provide an explanation of why
the Owner believes such notice is not required.
d. Exception to Rental Restrictions. The Board, in its sole discretion
and on criteria it establishes, may grant an exception to an Owner
to rent or lease a Unit even if it would not otherwise comply with
the Leasing Eligibility Requirements of no more than two rental
Units at any point in time and that a Unit may not be rented more
than a total of two years during an Owner's period of ownership if
an Owner has been confronted with a family medical emergency.
e. Occupancy Eligibility Requirements. Occupancy of the Units
remains subject to Section 7.3 of this Declaration (as amended by
the First Amendment) and reasonable regulation by the
Association, and each Unit Owner must ensure that all Occupants
comply with Section 7.3 of this Declaration.
f. Enforcement Powers. In the event a Unit Owner is permitted to
lease his, her, or its Unit under any provision of this Section 7.5,
or if an unauthorized Occupant is found to reside in a Unit, the
Owner(s) of the affected Unit hereby delegates and assigns to the
Association the power and authority to enforce against the lessee
or other Occupant of such Unit all breaches resulting from the
violation of the Governing Documents, Rules and Regulations, or
the Act, including but not limited to the power and authority to
evict any Occupant on behalf of and for the benefit of the Unit
Owners, for violation of the Governing Documents, Rules and
Regulations, or the Act. In the event the Association proceeds to
evict any Occupant, the Association is entitled to assess against the
3
Unit and its Owner(s) any costs and expenses, including attorneys'
fees, associated with the eviction, which shall constitute a lien on
the Unit in the same manner as Common Expense assessments
and., if such costs are not paid within 30 days of assessment, then
such costs and expenses shall be enforceable in the same manner
as liens for unpaid Common Expense assessments.
g. Rules and Regulations. The Association may pass and impose such
reasonable Rules and Regulations as may be necessary to
implement procedures for the leasing of Units as permitted under
this Section 7.5, and may apply existing Rules and Regulations to
the provisions of this Section, as appropriate, so long as any such
Rules and Regulations are not inconsistent with this Section.
h. Prohibited Transfers. In the event any Owner transfers a Unit into
the name of a corporation, partnership, limited liability company,
trust, or other person or entity in any manner that, in the Board's
sole judgment and discretion, appears to have been conducted for
the purpose of circumventing the leasing restrictions of this
Section 7.5 and the Leasing Eligibility Requirements stated above,
or in the event any Occupant resides in a Unit in a manner that
does not comply with this Section 7.5, the Association shall be
entitled to, in addition to the exercise of its Enforcement Powers as
set forth in paragraph e. of this Section and any remedies available
under the Governing Documents, the Rules and Regulations, or the
Act, a judgment disregarding or rescinding such transfer, evicting
any Occupants who are not Owners (or otherwise entitled to
occupy a Unit under this Section), and/or awarding the Association
any other remedies available at law.
Cumulative Remedies. The enforcement powers and other
remedies provided by this Section 7.5 are in addition to and do not
in any way limit or exclude any other relief, remedies, or rights to
which the Association is or may be entitled to at law, in equity,
under this Declaration, as amended, or pursuant to the Act.
3. All other terms, covenants, conditions and restrictions contained in the Declaration and
any prior amendments thereto (including the First Amendment) shall remain in full force
and effect, except as otherwise specifically amended or modified hereby.
[Remainder of page intentionally left blank. Signature pages follow.]
0
IN WITNESS WHEREOF, the undersigned, as President of Shorewood Ponds
Association, a Minnesota non -profit corporation, has executed this Second Amendment to
Declaration effective on the day and year first set forth above, on behalf of the Association.
SHOREWOOD PONDS ASSOCIATION
a Minnesota nonprofit corporation
C
STATE OF MINNESOTA }
ss.
COUNTY OF HENNEPIN )
Its: President
The foregoing instrument was acknowledged before me this day of ,
2015, by _ , the President of Shorewood Ponds Association, a
Minnesota nonprofit corporation, on behalf of the association.
Notary Public
5
COMMON INTEREST COMMUNITY NUMBER 933
SHOREWOOD PONDS ASSOCIATION
EXHIBIT A
TO SECOND AMENDMENT TO DECLARATION
PROPERTY LEGAL DESCRIPTION
Lots 1 through 25, inclusive, Block 1; and Lots 1 through 39, inclusive, Block 2, Shorewood
Ponds, Hennepin County, Minnesota.
Exhibit A
to Second Amendment to Declaration
IN WITNESS WHEREOF, the undersigned, as Mayor of the City of Shorewood, has
executed this Second Amendment to Declaration effective on the day and year first set forth
above, on behalf of the City of Shorewood.
CITY OF SHOREWOOD
C
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Its: Mayor
The foregoing instrument was acknowledged before me this day of
2015, by _ the Mayor of the City of Shorewood, on behalf of
the city.
THIS INSTRUMENT DRAFTED BY:
Matthew A. Drewes ( #315369)
Thomsen & Nybeck, P.A.
3600 American Boulevard West, Suite 400
Bloomington, MN 55431
Telephone: 952-835-7000
I
Notary Public
COMMON INTEREST COMMUNITY NUMBER 933
SHOREWOOD PONDS ASSOCIATION
EXHIBIT B
TO SECOND AMENDMENT TO DECLARATION
AFFIDAVIT OF SECRETARY
The undersigned, Secretary of Shorewood Ponds Association, a Minnesota non - profit
corporation, being first duly sworn on oath, hereby swears and certifies, pursuant to the
applicable provisions of the Declaration, that this instrument has been duly approved by the
Association by a vote of sixty -seven (67 %) percent of the membership votes in the Association
either in person or by proxy, as defined in the Declaration, in satisfaction of the requirements of
the Declaration, and that there are no Eligible Mortgagees of record with the Association.
Such approval and vote was obtained and conducted as of
2015 by mailed ballot and /or written consent and was done in accordance with the Declaration
and Bylaws.
Secretary
STATE OF MINNESOTA }
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2015, by , Secretary of Shorewood
Ponds Association, a Minnesota nonprofit corporation, on behalf of the non - profit corporation.
Notary Public
Exhibit B
to Second Amendment to Declaration
#5A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Islandview Properties – Vacation of Sanitary Sewer Easement
Meeting Date: 9 November 2015
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Exhibit A – Site Location Map
Exhibit B – Proposed Easement Vacation/Revised Replacement
Exhibit C – Revised Site Plan
Exhibit D – Revised Resolution
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. The applicant
requested at the City Council’s last meeting that the public hearing be continued for two weeks in order
for him to respond to the City Engineer’s recommendations. The exhibits contained herein reflect the
revisions recommended by the City Engineer.
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.
1
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Exhibit B
Exhibit C
-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 SUNSAILOR NEWSPAPER on the 15th and 22nd days of
th
October 2015 and in the LAKER NEWSPAPER on the 17 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 9th day of
November 2015.
SCOTT ZERBY, MAYOR
ATTEST:
Exhibit D
JEAN PANCHYSHYN, CITY CLERK
EXISTING SANITARY SEWER EASEMENT TO BE VACATED (PER DOC. NO. T1069965,
MAY 10, 1973):
A permanent easement for sanitary sewer purposes, said easement being 7.5 feet on each side of
the following described line: Commencing at the southwest corner of Tract A, R.L.S. No. 839;
thence northwesterly along the southwesterly line of Tract A, a distance of 207.73 feet to the
point of beginning of easement to be described; thence northeasterly deflecting 96°38'10'' to the
right a distance of 277.22 feet; thence southeasterly deflecting 58°18' to the right a distance of
44.85 feet to a point on the westerly line of Lot 10, Auditor's Subdivision No. 367, said point
being 266.9 feet northerly of the southwest corner thereof; thence northeasterly deflecting 51°00'
to the left a distance of 179.68 feet to a point on the easterly line of said Lot 10, said point being
283.57 feet northerly of the southeast corner of said Lot 10; thence southeasterly deflecting
39°46' to the right a distance of 196.08 feet; thence southeasterly deflecting 10°00' to the left a
distance of 303.42 feet to a point on the westerly line of Lot 5, Auditor's Subdivision No. 367,
said point being 274.37 feet northerly of the southwest corner thereof; thence northeasterly
deflecting 50°00' to the left a distance of 217.76 feet to the southwesterly line of Lot 3, Auditor's
Subdivision No. 367; thence southeasterly long the southwesterly line of said Lot 3 and extension
thereof a distance of 101.28 feet to the centerline of Howard's Point Road and there terminating;
which lies within the following described property, to-wit: Tract-A, Registered Land Survey No.
839, files of Registrar of Titles, County of Hennepin.
Exhibit A
ROPOSED SANITARY SEWER EASEMENT:
A permanent easement for sanitary sewer purposes, said easement being 7.5 feet on each side of
the following described line: Commencing at the southwest corner of Tract A, R.L.S. No. 839;
thence northwesterly along the southwesterly line of Tract A, a distance of 207.73 feet to the
point of beginning of easement to be described; thence northeasterly deflecting 96°38'10'' to the
right, a distance of 1.27 feet, thence northerly deflecting 72°40'42" to the left, a distance of
23.33 feet; thence easterly deflecting 84°15'42" to the right, a distance of 110.94 feet, thence
northeasterly deflecting 11°34'59" to the left, a distance of 26.17 feet to the center of the existing
sanitary sewer manhole and said line there terminating; which lies within the following described
property, to wit: Tract A, Registered Land Survey No. 839, files of Registrar of Titles, County
of Hennepin. The side lines of said easement shall be prolonged or shortened to terminate at the
westerly and easterly lines of said Tract A.
Exhibit B
#10A
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Certification of Delinquent Charges
Meeting Date: November 9, 2015
Prepared by: Bruce DeJong
Reviewed by: Michelle Nguyen
Attachment: Certification List
Policy Consideration:
Should the City certify delinquent charges to the County to be collected with the other taxes on the
property?
Background: State statute and city code allow delinquent charges to be certified to the County Auditor.
It is our standard practice to certify delinquent charges to the County each year. This year’s amount of
$37,940.96 is substantially lower than last year’s $46,221.53. Residents can still pay off the amounts
due prior to December and avoid certification fees.
Financial or Budget Considerations:
Other collection methods are more expensive and time consuming. There is no guarantee that staff
phone calls or the use of collection agencies will generate the same amount of revenue as certification.
Options: The City Council may choose to:
1.Accept the staff recommendation and adopt the attached resolution.
2.Remove specific accounts from the certification roll and accept the remainder of the accounts
and adopt the amended resolution.
3.Do not adopt the resolution and direct staff to attempt collection through other methods.
Recommendation / Action Requested:
Staff recommends that the City Council adopt the resolution as submitted by staff.
Next Steps and Timelines:
Staff will proceed with the certification process to meet Hennepin County and statutory deadlines.
Connection to Vision / Mission:
This process contributes to sound financial management through efficient collection of utility bills.
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 DIRECTING DELINQUENT CHARGES BE PLACED ON THE 2015
PROPERTY TAX ROLLS
WHEREAS
, Shorewood City Code provides for the City to place delinquent sanitary
sewer charges, water, storm water management utility charges, recycling charges, dry
hydrant charges, and other delinquent charges for city services on the succeeding year property
tax rolls for the specified properties; and,
WHEREAS
, the City Council has scheduled the consideration of the certification of such
charges and has caused notice of such charges to be mailed to the affected property owners; and,
WHEREAS
, the Council has considered such charges at a regular council meeting and
has made a determination that delinquent utility charges exist for the specified
properties set forth below,
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood as follows:
That the Hennepin County Special Assessment Division is hereby authorized to certify the
delinquent charges, on the 2015 property tax rolls, payable in 2016, for the following services:
Shorewood Delinquent Charges $37,940.96 Exhibit A
th
ADOPTED BY THE CITY COUNCIL
of the City of Shorewood this 9 day of
November, 2015.
_________________________________
ATTEST: Scott Zerby, Mayor
_________________________________
Jean Panchyshyn, City Clerk
#10B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Lake Minnetonka Communications Commission A/V Support Program Options
Meeting Date: November 9, 2015
Prepared by: Julie Moore, Communications Coordinator
Reviewed by: Bill Joynes, City Administrator
Attachments: LMCC Correspondence
Background:
Per the LMCC Franchise Agreement with Mediacom and per State and Federal law, the City of
Shorewood will receive $22,800 in PEG fees for the use of enhancing or improving the quality of
government programming provided on public access channels.
Examples of covered purchases would be audio and video improvements in the council chambers (such
as HD camera and recording upgrades) or monitors added within City Hall for the main purpose of
watching LMCC channels. Other options could include mobile equipment, such as cameras, to be used
off site or at Southshore Center.
LMCC is recommending the purchase of HD equipment upgrades to our council chambers for our
meeting recording. Beginning April 1, 2016, LMCC will broadcast in HD. Without upgrades our meetings
cannot be aired on Government Channel 8, but would be moved to Channel 20. Residents could still
view our meetings in standard definition on Channel 20.
According to Jim Lundberg of LMCC, all other member cities have converted, or will convert, to HD by
the April 1 date.
Council Action:
Council may discuss and determine the best use of these funds for enhancing or improving the quality of
government programming provided on public access channels.
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
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.
#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
#11A.2
MEMORANDUM
Date:
November 9, 2015
To:
Mayor Zerby
Council Members
From:
Bruce DeJong, Finance Director
Re:
September, 2015 General Fund Monthly Budget Report
______________________________________________________________
The 2015 General Fund is tracking about where we would expect. Revenues are a little under
2014, but all a about where we would expect in a normal progression through the year.
Expenditures are a below 2014. There are no items that are of concern at this point in the year.
GENERAL FUND REVENUES
Licenses & Permits will likely be below the 2014 level but we have exceeded budget for
the year.
GENERAL FUND EXPENDITURES
Council – This is the only budget that varies significantly from the prior year. The
difference is primarily the transfer that was made in 2014 for the house sale proceeds to
the Park Improvement fund.
Planning – This budget is over in Other Services & Charges primarily due to some
expenditures related to the Minnetonka Country Club redevelopment process.
Park Maintenance – this budget is over primarily due to coding of time since less was
posted to Ice & Snow Removal compared to last year.
Please contact me or Mr. Joynes if you have any questions.
Attachment: September Budget Spreadsheet
General Ledger
Revenue and Expense vs Budget
Period 01 - 09
Fiscal Year 2015
DescriptionBudgetPeriod AmtYTD Budget% CollectedOne Year Prior
General Fund
Revenues
Taxes4,931,464.00$ 2,306,668.78$ 3,698,598.00$ 46.77%2,503,951.99$
Licenses & Permits147,770.00$ 177,307.71$ 110,827.50$ 119.99%215,679.17$
Intergovernmental87,251.00$ $ 98,740.19 65,438.25$ 113.17%155,523.72$
Charges for Service38,700.00$ 47,455.87$ 29,025.00$ 122.62%44,912.71$
Fines & Forfeits57,000.00$ 43,711.21$ 42,750.00$ 76.69%43,017.36$
Special Assessments-$ -$ -$ 0.00%-$
Misc Revenues213,900.00$ 162,278.81$ 160,425.00$ 75.86%115,688.05$
Utility Charges-$ -$ -$ 0.00%(2,177.97)$
Other Financing Sources25,000.00$ -$ 18,750.00$ 0.00%-$
General Fund5,501,085.00$ 2,836,162.57$ 4,125,813.75$ 51.56%3,076,057.54$
Expenditures BudgetPeriod AmtYTD Budget% ExpendedOne Year Prior
Council
Personal Services22,600.00$ 16,631.55$ 16,950.00$ 73.59%12,595.23$
Supplies2,000.00$ 1,304.09$ 1,500.00$ 65.20%690.28$
Other Services and Charges110,350.00$ 46,588.54$ 82,762.50$ 42.22%34,954.70$
Other Financing Use70,000.00$ -$ 52,500.00$ 0.00%283,414.00$
Council204,950.00$ 64,524.18$ 153,712.50$ 31.48%331,654.21$
Administraton
Personal Services251,153.00$ 180,060.94$ 188,364.75$ 71.69%175,358.76$
Supplies20,900.00$ 10,203.51$ 15,675.00$ 48.82%12,618.08$
Other Services and Charges145,500.00$ 96,209.91$ 109,125.00$ 66.12%87,154.43$
Administraton417,553.00$ 286,474.36$ 313,164.75$ 68.61%275,131.27$
Finance
Personal Services134,758.00$ 104,390.69$ 101,068.50$ 77.47%100,456.37$
Supplies10,050.00$ 8,397.90$ 7,537.50$ 83.56%8,024.90$
Other Services and Charges16,000.00$ 12,887.45$ 12,000.00$ 80.55%11,198.65$
Finance160,808.00$ 125,676.04$ 120,606.00$ 78.15%119,679.92$
Professional Services
Supplies-$ -$ -$ 0.00%-$
Other Services and Charges215,060.00$ 119,817.09$ 161,295.00$ 55.71%178,180.69$
Professional Services215,060.00$ 119,817.09$ 161,295.00$ 55.71%178,180.69$
Planning
Personal Services173,157.00$ 134,496.74$ 129,867.75$ 77.67%132,676.96$
Supplies300.00$ 423.33$ 225.00$ 141.11%68.48$
Other Services and Charges11,000.00$ 15,993.12$ 8,250.00$ 145.39%4,300.36$
Other Financing Use-$ -$ -$ 0.00%-$
Planning184,457.00$ 150,913.19$ 138,342.75$ 81.81%137,045.80$
Municipal Buildings
Supplies23,400.00$ 43,560.13$ 17,550.00$ 186.15%33,566.32$
Other Services and Charges170,800.00$ 102,734.17$ 128,100.00$ 60.15%82,207.39$
Debt Service-$ -$ -$ 0.00%-$
Other Financing Use101,513.00$ -$ 76,134.75$ 0.00%-$
Municipal Buildings295,713.00$ 146,294.30$ 221,784.75$ 49.47%115,773.71$
Police Protection
Supplies-$ -$ -$ 0.00%-$
Other Services and Charges1,072,645.00$ 807,559.68$ 804,483.75$ 75.29%783,927.30$
Capital Outlay225,181.00$ 168,885.00$ 168,885.75$ 75.00%172,323.00$
Debt Service-$ -$ -$ 0.00%-$
Police Protection1,297,826.00$ 976,444.68$ 973,369.50$ 75.24%956,250.30$
Fire Protection
Other Services and Charges361,315.00$ 270,503.47$ 270,986.25$ 74.87%261,591.45$
Capital Outlay276,156.00$ 207,117.06$ 207,117.00$ 75.00%208,816.98$
Fire Protection637,471.00$ 477,620.53$ 478,103.25$ 74.92%470,408.43$
Protective Inspections
Personal Services121,323.00$ 91,664.30$ 90,992.25$ 75.55%87,297.05$
Supplies200.00$ 72.95$ 150.00$ 36.48%156.75$
Other Services and Charges7,700.00$ 6,451.48$ 5,775.00$ 83.79%1,969.36$
Protective Inspections129,223.00$ 98,188.73$ 96,917.25$ 75.98%89,423.16$
City Engineer
Personal Services-$ -$ -$ 0.00%-$
Supplies-$ -$ -$ 0.00%36.75$
Other Services and Charges87,900.00$ 43,600.00$ 65,925.00$ 49.60%31,318.00$
City Engineer87,900.00$ 43,600.00$ 65,925.00$ 49.60%31,354.75$
Public Works Service
Personal Services494,547.00$ 266,679.32$ 370,910.25$ 53.92%246,053.75$
Supplies167,700.00$ 70,593.07$ 125,775.00$ 42.09%92,479.43$
Other Services and Charges142,600.00$ 74,389.71$ 106,950.00$ 52.17%66,754.43$
Other Financing Use830,000.00$ -$ 622,500.00$ 0.00%-$
Public Works Service1,634,847.00$ 411,662.10$ 1,226,135.25$ 25.18%405,287.61$
Ice & Snow Removal
Personal Services58,339.00$ 16,086.69$ 43,754.25$ 27.57%45,392.12$
Supplies45,000.00$ 15,589.91$ 33,750.00$ 34.64%25,591.20$
Other Services and Charges-$ -$ -$ 0.00%-$
Ice & Snow Removal103,339.00$ 31,676.60$ 77,504.25$ 30.65%70,983.32$
Park Maintenance
Personal Services109,473.00$ 112,907.80$ 82,104.75$ 103.14%86,094.09$
Supplies23,300.00$ 6,650.84$ 17,475.00$ 28.54%7,195.63$
Other Services and Charges38,000.00$ 27,924.33$ 28,500.00$ 73.49%18,417.34$
Park Maintenance170,773.00$ 147,482.97$ 128,079.75$ 86.36%111,707.06$
Recreation
Personal Services36,743.00$ 35,274.11$ 27,557.25$ 96.00%34,785.34$
Supplies5,800.00$ 5,680.43$ 4,350.00$ 97.94%4,573.54$
Other Services and Charges18,800.00$ 3,187.56$ 14,100.00$ 16.96%7,529.24$
Other Financing Use42,000.00$ -$ 31,500.00$ 0.00%-$
Recreation103,343.00$ 44,142.10$ 77,507.25$ 42.71%46,888.12$
General Fund5,643,263.00$ 3,124,516.87$ 4,232,447.25$ 55.37%3,339,768.35$
Revenue Total5,501,085.00$ 2,836,162.57$ 4,125,813.75$ 51.56%3,076,057.54$
Expense Total5,643,263.00$ 3,124,516.87$ 4,232,447.25$ 55.00%3,339,768.35$
General Fund(142,178.00)$ (288,354.30)$ (106,633.50)$ (263,710.81)$
#11.A.3
MEMORANDUM
Date:
November 9, 2015
To:
Mayor Zerby
Council Members
From:
Bruce DeJong, Finance Director
Re:
September, 2015 Quarterly Investment Report
______________________________________________________________
The City’s cash reserves have been invested in both cash flow type of investments to meet
ongoing expenditure needs and longer-term securities with higher returns than money market
funds. It is important to remember our investment priorities in order of concern:
1.Safety – preserving principal;
2.Liquidity – having funds available when needed to pay expenses;
3.Yield – earning market returns for the amount of risk we are willing to accept.
With the investments that the City currently in the portfolio, and with our philosophy of holding
investments to maturity, we are exposed to minimal risk of principal loss. The only expected
change is when investments are marked to market and gains or losses are recognized at year end.
Most older bonds available in the secondary market are priced at a “premium” because they
make interest payments based on higher rates than current bond issues. That differential is why
we were able to refund our water revenue bonds last year. These secondary bond issues often
come with a higher return to likely call or maturity than newly issued bonds. When that
differential is significant, staff has purchased some of these bonds. While the financial
statements show an unrealized loss against the purchase price, that is just an amortization of the
premium that the bonds were purchased at. The overall interest return on these investments is
higher than the interest available in other investments at the time they were purchased. The net
interest over the life of the bond is higher than newly issued bonds, certificates of deposit, or
money market returns.
In general, the city has only had three months where cash flow is positive – June, July, and
December. Those months are when we receive tax settlements which are just prior to scheduled
bond payments. The rest of the months need about $500,000 on average to cover operating
costs. This means that the City should have a mix of callable and non-callable investments with
both short-term cash flow needs being met and longer maturities targeting major cash needs over
the five year maximum investment horizon.
We are more frequently finding investments in the three year time frame with interest rates in
excess of 1.0%. Several high coupon bonds and Certificates of Deposit that are returning over
2% to maturity have been purchased. These securities may have premiums amortized over the
next year. I have purchased Certificates of Deposit to specific months for cash flow needs.
We have held a significant amount of money market funds to cover construction costs for major
projects. If the Council decides to bond for some of these projects a higher percentage of our
available cash can be invested. With wire transfer fees, the cost to move money may be higher
than the interest we can earn in the short term. The most significant risk in this environment is
getting stuck with long-term investments at a very low rate when interest rates start to increase.
Staff will invest these funds to increase the portfolio returns, while maintain flexibility to cover
expenditures.
Please contact me or Mr. Joynes if you have any questions.
Attachment: September, 2015 Investment Summary
CityofShorewoodInvestmentSummar
y
BookMarket
09/30/201
5
MarketValueValueValueUnrealized
CouponMaturityDate12/31/20149/30/20159/30/2015Gain/(Loss)
4M90010400
MoneyMarket2,979,694.81968,707.31968,707.31
2,979,694.81968,707.31968,707.31
SterneAgee90010420
Cash
FNMANOTEB/ESTEP0.5012/20/2017500,120.00502,307.50500,325.00(1,982.50)
FNMACapZero10/9/2019462,495.00464,952.002,457.00
FICOStrips8.609/26/2017481,787.50481,787.50491,369.009,581.50
FICOStrips9.804/6/2018475,311.00475,311.00485,799.5010,488.50
FHLMC2.001/30/2020475,311.000.00(0.00)
OverseasPrivateInvUSbackedVariable4/30/20181,015,630.00
CincinnatiOHTaxable2.4712/1/2020322,442.75321,640.20(802.55)
ColumbusOHTaxable1.608/15/2018298,380.00300,774.00302,418.001,644.00
ElkhartINCommunitySchools5.707/5/2015165,000.00
HonoluluSeriesBTaxable5.424/1/2017326,937.00326,937.00319,566.00(7,371.00)
HonoluluRefundingTaxable4.884/1/2015253,197.50
IllinoisSt3.853/1/2016301,452.10301,452.10295,124.30(6,327.80)
IllinoisStTaxable5.094/1/2017836,514.90836,514.90832,452.45(4,062.45)
MahtomediMNISDTaxable3.402/1/2021412,640.01415,553.602,913.59
NewYorkTaxable4.1312/1/2017323,607.00323,607.00319,824.00(3,783.00)
NorthfieldMNWaterTaxable1.508/20/2017610,463.60615,038.60614,227.30(811.30)
RaleighNCHousingTaxable3.252/1/2015260,730.60
RosemountILSERBTaxable3.8912/1/2016520,575.00530,300.00512,895.00(17,405.00)
RosemountILRefConvCtrTaxable4.2912/1/2017111,101.58104,564.00(6,537.58)
RosemountILRefSERCTaxable3.0012/1/2017201,722.77194,641.70(7,081.07)
TalawandaOHBABS4.3812/1/2016249,821.45254,962.08244,931.10(10,030.98)
UnionCoORTaxable4.0012/1/2017105,835.00107,835.00105,218.00(2,617.00)
WestAllisSchDistTaxable2.009/20/2016404,608.00404,540.00(68.00)
WestMuskingumOHTaxable1.3012/1/2015295,823.05295,823.05295,702.10(120.95)
7,021,185.707,267,659.847,225,743.25(41,916.59)
WellsFargo90010430
MONEYMARKET116,765.5663,517.5963,517.590.00
FarEastNatlBankLosAngeles0.452/27/2015181,496.040.00(0.00)
StateBankofIndia1.1511/23/2015249,189.16249,189.16248,323.14(866.02)
ColumbiaCountyG4.501/1/2016857,587.50857,587.50833,307.75(24,279.75)
A
ShelbyCountyTN5.004/1/2016211,152.00211,152.00204,648.00(6,504.00)
MaineStateTaxable0.556/1/2016499,765.00499,765.00500,410.00645.00
FNMA0.652/2/2017497,274.50497,274.50499,630.002,355.50
StearnsBankSt.Cloud1.003/31/2017243,386.43243,386.43245,361.131,974.70
FHLB1.083/31/2018300,000.00300,195.90195.90
GoldmanSachs1.953/19/2019198,458.40198,458.40200,422.401,964.00
SynchronyBank2.108/29/2019243,223.75243,223.75245,696.292,472.54
SallieMaeBan2.109/3/2019242,115.86242,115.86245,659.793,543.93
k
orrstownBank2.008/28/2020245,000.00245,228.10228.10
3,540,414.203,850,670.193,832,400.09(18,270.10)
TotalInvestments13,541,294.7112,087,037.3412,026,850.65(60,186.69)
NetInterestEarnings(Interestandrealizedgains/lossesonredeemedsecurities)192,858.59
Page 1
® #11.A.5
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Property Valuation and Tax Review
Meeting Date: November 9, 2015
Prepared by: Bruce DeJong
Reviewed by: Bill Joynes
Background: Mr. Joynes and I met with Hennepin County Assessor Jim Atchison last week regarding
property value and property tax changes during the past year. While final valuations have yet to be
determined based on sales during the previous year, we did get insight into the likely range of property
value increases to be determined on January 2, 2016. The real estate taxes to be paid by Shorewood
property owners were also discussed.
Minnesota's property tax system is detailed, complex, and confusing. The process used to determine
each property's value and taxes starts several years prior to the actual taxing of the property. A general
timeline is as follows:
• October, 2013 - September, 2014 — Real Estate sales occur for about 3 -4% of properties in town.
• October - December, 2014— Hennepin County assessing staff analyze the sales and extrapolate
that data to determine an estimated Market Value for each property in town base on similar
styles, sizes, finish levels, amenities, and neighborhoods.
• January 2, 2015 — A property value is set for each parcel in the community.
• March, 2015 —Valuation notices are sent to each parcel with the new estimated property value.
• April -June, 2015 — Open Book meeting at City Hall and valuation appeals to the Hennepin
County Board of Equalization. This will finalize the value to be used for Truth -in- Taxation
estimates and 2016 property taxes.
• July- September, 2015 — City Council discusses the General Fund budget and property tax levy for
2015.
• September 30, 2015 —The preliminary tax levy is certified to Hennepin County.
• November, 2015 — A Truth -in- Taxation (TNT) parcel- specific notice is mailed to each property
owner with the estimated taxes identified for each taxing jurisdiction - County, City, School
District, Metropolitan Council, Watershed District, and other minor taxing districts.
• December 7, 2015 — Shorewood City Council holds the Truth -in- Taxation meeting and adopts a
tax levy and budget for 2015.
• December 28, 2015 — Final tax levy is certified to Hennepin County and Form TNT is filed with
the Minnesota Department of Revenue.
• May 15, 2016 — 2016 first half taxes are due at Hennepin County.
The City Council adopted a preliminary budget and tax levy in August. That information was sent to
Hennepin County who used the County Assessor's property values to determine an estimated tax rate
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
for each overlapping jurisdiction. This information was combined with preliminary tax information from
other taxing jurisdictions to create a TNT statement for each property.
We were giving summary statistics that show the number of properties with a range of property tax
changes that will be shown on the TNT statements based on both percentage and absolute dollar
amount.
Shorewood properties in general fare well. See the following tables for comparison of the total tax
change from actual 2015 to 2016 {estimated} based on tax levies certified by September 30 from all
jurisdictions:
Percent Tax Change
Dollar Tax Change
< -15%
-15% to
-10% to
-5% to
0% to
5% to
10% to
15% to
>20%
-10%
-5%
0%
5%
10%
15%
20%
Residential
0.49%
0.99%
7.03%
48.48%
15.19%
14.83%
8.96%
2.55%
1.48%
#2,434
-$300
-$150
$0
$300
$600
Running
0.49%
1.48%
8.51%
56.99
72.18%
87.01%
95.97%
98.52%
100%
Total
6.94%
17.74%
33.02%
56.98%
65.16%
78.10%
91.74%
97.08%
100%
Apartments
75%
25%
#4
Commercial
80.95%
4.76%
9.53%
4.76%
#21
Dollar Tax Change
Financial or Budget Considerations:
The information shows that almost 57% of Shorewood residents will see no increase in their taxes. This
is despite the preliminary tax levy increase that we have included in our budget. Property taxes remain
reasonable for most residents.
< -$600
-$600
-$300
-$150
$0 to
$150
$300
$600 to
>$900
to
to
to
to
to
$150
$900
-$300
-$150
$0
$300
$600
Residential
6.94%
10.80%
15.28%
23.96%
8.18%
12.94%
13.64%
5.34%
2.92%
Running
6.94%
17.74%
33.02%
56.98%
65.16%
78.10%
91.74%
97.08%
100%
Total
Financial or Budget Considerations:
The information shows that almost 57% of Shorewood residents will see no increase in their taxes. This
is despite the preliminary tax levy increase that we have included in our budget. Property taxes remain
reasonable for most residents.
Please remember that this does not include the referendum questions that were recently approved for
the Minnetonka School District. Those taxes will be in addition to the taxes shown on the TNT
statements.
Next Steps and Timelines: TNT statements will be mailed by Hennepin County beginning November 13.
The final General Fund budget and tax levy will be on the agenda for approval after the TNT public
hearing on December 7.
#11.A.5
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Water System Leak Detection Survey
Meeting Date: November 9, 2015
Prepared by: Larry Brown, Director of Public Works
Reviewed by:
Attachments Leak Detection Survey Results
Policy Consideration: None
Background: It is not uncommon for communities to have several undetected watermain leaks
that remain undetected, until such time as the leak becomes large enough to surface or, when a
Leak Detection Survey is conducted. Ideally, repairs to leaks that are found can be made during
non-winter months. This is far easier on personnel and equipment and is less expensive to
complete during frost free conditions.
In an effort to minimize costs and difficulties, staff requested that representatives from Water
Conservation Services conduct a leak survey on the City’s municipal water system. These types of
surveys involve very sophisticated equipment that utilizes sonar and very sensitive acoustic
equipment to pinpoint leaks within inches of their origin, in addition to an estimate as to the
magnitude of the leak. The operator conducting such a survey travels to every fire hydrant within
the City, hooks up the acoustic equipment and monitors each hydrant for noise.
Attachment 1 to this report are the findings of the Leak Survey. Staff is pleased to report that as
of this date, all of the leaks or suspected leaks have been addressed.
While this type of survey does not prevent watermain breaks, it pinpoints those leaks that have
already occurred and have gone undetected, such that they may be addressed with the least
inconvenience and cost to the City.
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
WATERMAIN LEAK
SURVEY REPORT 2015
FINAL
#11A.6
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Update on Sign Inventory Program
Meeting Date: November 9, 2015
Prepared by: Larry Brown, Director of Public Works
Reviewed by:
Attachments None
Policy Consideration: None
Background: Councilmember Woodruff requested that staff provide an update regarding the
Traffic Sign Inventory Program.
The Federal Highway Administration (FHWA) administers the standards and rule making decisions
through the Manual on Uniform Traffic Control Devices (MUTCD). Each State adopts their own
version of the MUTCD. Thus, in Minnesota, we have the Minnesota Manual on Uniform Traffic
Control Devices, or, MMUTCD.
The FHWA has levied several recent rulings, over the past five years, regarding retroreflectivity
standards for signs that appear as Federal Register Publications, in addition to the updates
adopted by the State and administered by the MMUTCD.
The first ruling from the FHWA mandated that all signs were to be evaluated by all communities
and agencies and brought into compliance by a specific date. This ruling resulted in considerable
backlash, as the costs of compliance would bankrupt several small communities.
The ruling which followed, attempted to soften the immediate costs by requiring conformity by a
specific date for Regulatory signs only. Guide signs and Informational signs were dropped from
the specific compliance date. This decision, apparently, was not adequate to provide the
necessary relief for various communities. As such, the FHWA issued a final ruling (to date) that
indicates that a date specific timeline for retroreflectivity be eliminated. However, by June of
2014, each community/agency would have in place a method for sign management and how the
sign inventory would be managed.
As such, City Staff and WSB and Associates, geographically located each sign by GPS, in addition to
conducting an evaluation of retroreflectivity. A brief summary of the findings are shown in Table
1 below.
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
DESCRIPTION GOOD FAIR POOR TOTAL REPLACED
GUIDE 44 46 175 265 78
INFORMATIONAL 2 1 12 15 7
REGULATORY 94 223 512 829 242
STOP 34 93 103 230 85
SPEED LIMIT 7 43 141 191 32
NO PARKING 8 49 135 192 29
OTHER 45 38 133 216 96
WARNING 28 87 147 262 5
Table 1
In response, the City Council opted to dedicate a sum of $7,000, each year, within the Capital
Improvement Program (CIP) for sign replacements, and to commence with sign replacements as
funds permit.
Public Works traditionally performs many of the sign replacements during the late fall and early
winter months of the year, when personnel are not dedicated to roadway patching or sweeping of
roadways. Thus, the sign replacements for 2015 have just begun and will continue to focus on
Stop Signs and Speed Limit signs that are in the “Poor” condition for retroreflectivity.
Most recently, work is also under way internally to convert the existing information collected into
a tablet database, for use both in house and for field operations.
Financial or Budget Considerations: $7,000 will again be utilized in 2015 for sign replacements, as
programmed in the CIP.