07-23-18 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JULY 23, 2018 7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Zerby___
Johnson___
Labadie___
Siakel___
Sundberg___
B. Review Agenda
Attachments
2. CONSENT AGENDA
– Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. City Council Special Session Minutes of July 9, 2018 Minutes
B. City Council Regular Meeting Minutes of July 9, 2018 Minutes
C. Approval of the Verified Claims List Claims List
D. Approve Ordinance 561/Resolution 18-071: City Code Supplement S-13 City Clerk Memo
Ordinance 561
Resolution 18-071
E. Authorization to Offer Additional Buy Down Energy Audits Communications Coordinator Memo
3. MATTERS FROM THE FLOOR
(No Council Action will be taken)
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Eric Evenson, Lake Minnetonka Association
6. PARKS
A. Report by Commissioner Ashmore on 07-10-18 Park Tours/Park Commission Meeting Minutes
7. PLANNING
A. Approve Development Agreement for Starbucks at 19285 Hwy 7 Planning Director’s Memo
Development Agreement
Resolution 18-072
CITY COUNCIL REGULAR MEETING AGENDA – JULY 23, 2018
Page 2
8. ENGINEERING/PUBLIC WORKS
A. Accept Bids and Award Contract for Boulder Bridge Well
Motor Control Center Replacement Project, City Project 18-01 Public Works Director Memo
Resolution 18-073
B. Accept Quotes and Award Contract for 2018 Pavement
Marking Project. City Engineer Memo
Resolution 18-074
9. GENERAL/NEW BUSINESS
A. Approve Purchase Agreement for Lot Sale: 22000 Stratford Place City Administrator Memo
Resolution 18-075
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Watermain Break
2. Finance Report Interim Finance Director Memo
3. Budget schedule
A. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS
MONDAY, JULY 9, 2018 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL SPECIAL MEETING
Mayor Zerby called the meeting to order at 6:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Siakel, and Sundberg, and City Administrator Lerud.
Absent: Councilmembers Labadie and Johnson
B. Review Agenda
Sundberg moved, Siakel seconded, Approving the Agenda as presented. Motion passed 3/0.
2. INTERVIEW CANDIDATE FOR CONSIDERATION OF FINANCE DIRECTOR
POSITION
City Administrator Lerud said that the personnel committee interviewed two candidates last week and
recommended brining Joe Rigdon forward for the council to consider. Lerud brought Rigdon into the
Council Chambers.
The Council interviewed Rigdon for the Finance Director position. At the conclusion of the interview
Lerud recommended that the council offer the Finance Director position to Rigdon. After a discussion,
Sundberg moved, seconded by Siakel to make the following offer to Rigdon
: Starting pay $52.66, six-
month probation period, start at year 10 as it relates to vacation accrual, the city will pay for low cost CPA
continuing education requirements, and all other terms to be guided by the city’s personnel policy.
Motion passed 3/0.
3. ADJOURN
Zerby moved, Siakel seconded, Adjourning the City Council Special Meeting of July 9. 2018 at 6:29
P.M. Motion passed 3/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JULY 9, 2018 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Siakel, and Sundberg; City Attorney Keane; City
Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public
Works Brown; and City Engineer Fauske
Absent: Councilmember Labadie.
B. Review Agenda
Sundberg moved, Siakel seconded, approving the agenda, as presented. Motion passed 4/0.
2. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Public Works Director Brown noted that item 2D, should have Resolution No. 18-070 attached to it.
Siakel moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein, with the addition of the Resolution 18-070 for item 2D.
A. City Council Work Session Meeting Minutes of June 25, 2018
B. City Council Regular Meeting Minutes of June 25, 2018
C. Approval of the Verified Claims List
D. Approve Professional Services Agreement for Construction Observation: Mann
Lane/Riviera Lane/Shorewood Lane Reconstruction, City Project 18-01, Resolution
No. 18-070
E. Accept 10’ Wide Side Yard Drainage and Utility Easement at 6180 Riviera Lane, City
Project 18-01, Resolution No. 18-069
F. Appoint Assistant Weed Inspector
G. Approve Contribution for AIS Control Efforts on Christmas Lake
H. Authorize Purchase, Public Works Equipment, Grapple and Plow for Skid Steer
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 9, 2018
Page 2 of 6
Motion passed 4/0.
3. MATTERS FROM THE FLOOR – NONE
4. PUBLIC HEARING - NONE
5. REPORTS AND PRESENTATIONS - NONE
6. PARKS
A. Report by Commissioner Ashmore on 06-26-18 Park Tours
Mayor Zerby stated that Commissioner Ashmore was not present.
Planning Director Darling gave the Council an overview of the last Parks Commission meeting which was
the first part of their Summer Park Tour where they looked over the facilities at Freeman, Cathcart, Gideon
Glen and Badger Park. She noted that they will also be doing a Winter Park Tour later in the year.
Councilmember Johnson asked if the Park Tour had included any discussion about the sound that the
lacrosse field is creating.
Planning Director Darling stated that it was mentioned and noted that the City is working with an acoustic
professional at WSB to study the extent of the noise issue.
B. Playground Surface for Badger Park
Planning Director Darling reviewed the past discussions regarding the surface material for Badger Park.
She noted that she had researched artificial turf and noted that Schaper Park in Golden Valley has used it
but it is already showing wear marks and the park is not even one year old. She noted that she no longer
suggests using this type of material for Badger Park. She stated that poured in place rubber seems to be
holding up really well where it has been used. She reviewed the cost difference between poured in place
rubber and wood chips. She stated that the Parks Commission is recommending using wood chips for the
playground surface and using the additional funds that the City planned to use for this project towards
replacing the equipment at the Freeman Park playground.
Councilmember Siakel stated that because there has been so much done to Badger Park to make it right and
the City just received a very large grant thanks to the efforts of City staff, she feels that the City should go
with poured in place rubber. She would ask staff to look into alternate ways to fund the equipment at
Freeman Park.
Mayor Zerby stated that he agreed with Councilmember Siakel.
Councilmember Sundberg stated that she supports poured in place rubber.
Councilmember Johnson stated that his only concern is that it will need to be replaced in 15 to 20 years.
Councilmember Siakel stated that Planning Director Darling had mentioned that the poured in place rubber
at Manor Park is not showing any deterioration after 11 years. She stated that she respected the Park
Commissions opinion and reiterated her request to have staff take a look at other ways to fund new
equipment in Freeman Park.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 9, 2018
Page 3 of 6
Siakel moved, Johnson seconded, to Approve Poured in Place Rubber for the Badger Park
Playground Surface. Motion passed 4/0.
7. PLANNING - NONE
8. ENGINEERING/PUBLIC WORKS
A. Speed Sampling and Sign Request on Smithtown Road near Minnewashta
Elementary School
Planning Director Brown reviewed the request for the area near Minnewashta Elementary School. He noted
that Smithtown Road is posted at 30 mph and also has a speed zone area where it is posted at 20 mph. He
stated that the original request was for additional signage at the crosswalk because there was a “near miss”
reported with a vehicle that involved the crossing guard and a student. He noted that the City had received
correspondence from the Principal Andress asking about speed or traffic calming effects that could be put
into place in this location. He stated that with the assistance of the South Lake Minnetonka Police
Department, the City conducted a speed sampling between May 25, 2018 and May 30,2018, while school
was still in session. He reviewed the speed decision matrix and noted that a low-cost improvement is
warranted in this area, which included things like additional signage. He stated that signs would cost $400
and are recommending one sign per crosswalk for a total cost of $800.
Councilmember Johnson stated that he finds it interesting that Principal Andress is concerned with the
crosswalk on Smithtown Road, but the school district has said that there are no issues on Strawberry Lane
and are not willing to discuss helping out with a sidewalk in that location.
Johnson moved, Siakel seconded, Authorizing the Purchase and Placement of Additional Signage for
Smithtown Road, as outlined in the staff report. Motion passed 4/0.
B. Speed Sampling and Sign Request on County Road 19 between Minnetonka
Boulevard and Trunk Highway 7
Public Works Director Brown noted that this situation is a little more complicated than the previous item.
He stated that Catherine Dougher of 23890 Elder Turn, Shorewood, addressed correspondence to both
Shorewood and the City of Excelsior. He explained that her basic complaint is that as she travels County
Road 19 at the speed limit, she has numerous vehicles tailgating her and has requested a speed awareness
display for that reason. He stated that with the assistance of the South Lake Minnetonka Police Department,
the City conducted a speed sampling between June 1, 2018 and June 10, 2018 for the portion of the road
that is within the City limits. He stated that this road is posted at 35 mph, so it does not quite fit the speed
decision matrix but noted that staff extrapolated the percentages within the matrix and used them to evaluate
this situation. He stated that using these percentages resulted in low cost traffic calming measures being
warranted. He stated that this is a little more sensitive because it is a County roadway and it crosses the
border between the City and Excelsior. He stated that staff has also wrestled with the fact that the complaint
was based on a perception of being tailgated and a speed awareness sign does not necessarily address that
issue, which is a different behavior than speeding. He noted that he has shared the results of the speed
sampling with the City of Excelsior.
Mayor Zerby stated that he travels this road frequently. He noted that one of the problems he sees is that
when people are stopped to make a left turn, the other cars starting using the shoulder or bicycle lane to
pass which is both illegal and dangerous. He stated that he would personally like to see signage to remind
drivers that passing on the shoulder is illegal.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 9, 2018
Page 4 of 6
Public Works Director Brown noted that the South Lake Minnetonka Police Department had recently
conducted a sting operation for that maneuver. Councilmember Sundberg asked if the police department
was also watching for tailgating. Public Works Director Brown stated that he was not sure.
Mayor Zerby stated that he agreed that he did not think this location was a good candidate for the speed
awareness sign, but, likes the idea of a “No Passing on the Shoulder” sign which may also help slow people
down a bit because they will need to stop behind the turning vehicles instead of driving around them.
Councilmember Johnson asked if there was any research or data collected because so many cars now have
the warning beep if the car is too close to others. He questioned whether people are simply feeling more
comfortable traveling closer to other vehicles because their car did not beep at them.
Planning Director Darling noted that those beep warnings do not work at that particular speed.
Mayor Zerby suggested even a “Police Station Ahead” may help slow people down. Councilmember Siakel
asked if the City would be allowed to put up a sign because it was a County road. Public Works Director
Brown stated that the City would have to coordinate with the County.
Zerby moved, Siakel seconded, to Direct Staff to Work with Hennepin County to seek permission for
a permit to put in a “No Passing on the Shoulder” sign.
The Council discussed other areas where tailgating and passing on the shoulder are an issue.
Councilmember Sundberg suggested asking staff to include an article on tailgating as an educational tool
for residents.
Motion passed 4/0.
9. GENERAL/NEW BUSINESS - NONE
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1.
Update on Construction Parking
Planning Director Darling gave an update on the construction parking near Birch Bluff and Grant Lorenz
Road. She noted that there had only been one instance where there was significant parking on site and other
than that, there have been no complaints made to city staff.
2.
Update on Minnehaha Creek Watershed District (MCWD) Discussions
City Engineer Fauske stated that there was a Memorandum of Understanding between the City and the
MCWD to take a look at drainage issues in the west end of the City in areas like Strawberry Lane and
Freeman Park. She noted that staff had met with the MCWD and given them primary and secondary
preferences for alignments to address the drainage concerns. She stated that the City is still waiting to hear
back from the MCWD on the technical merits of the analysis. She stated that staff has found a property
that appears to be the hinge point for this alignment and has discussed the willingness to sell with the
property owner.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 9, 2018
Page 5 of 6
Other
Public Works Director Brown stated that he had nothing further to report.
Mayor Zerby asked Public Works Director Brown what the City will be doing to meet the new sign
reflectivity standards. Public Works Director Brown stated approximately 65 percent of the signs have
already been replaced and the bulk of the remaining signs should be replaced this fall.
Mayor Zerby asked about the tree trimming program. Public Works Director Brown stated that the City
has done quite a bit of work with S&S Tree Service and are still managing the canopy that is considered
“slight risk”. He stated that they have already taken out the trees that were identified as a “severe” or
“immediate risk”. He noted that the City has been researching the cost for used bucket trucks to help with
some of the projects because the OSHA standards say that you cannot bring a sawblade above your
shoulders. He stated that an addition of a bucket truck would be key to managing the leaning and
overhanging trees.
Mayor Zerby suggested that a bucket truck might be an opportunity for a joint purchase with neighboring
cities similar to the JetVac.
Councilmember Johnson asked if a resident has a tree with a branch that is cracked and hanging if there
was anything the City can do to make sure that the branch doesn’t come crashing down on an individual
who is walking in the street. Public Works Director Brown asked if the branch was hanging over public
property or a neighboring property. Councilmember Johnson stated it is borderline hanging over the street
and he had noticed it when he was driving.
Planning Director Darling stated that if it was hanging over the public right of way or the street, the City
can enforce this under the nuisance code. Councilmember Johnson stated that he will send the address to
staff for them to take a look.
City Engineer Fauske stated that there are still some sidewalks that need to be cut in over near the
Southshore Center, but the parking lot at Badger Park has been paved.
Public Works Director Brown stated that because of the heat, they had held off bringing in the heavier
trucks for some of the work, but now that things have cooled off a bit, they will get those in. He noted that
much of the planting had been completed in Badger Park.
City Clerk Thone reminded the Council that absentee voting is underway and that July 31, 2018 candidate
filing opens. She noted that there are two Council seats on the ballot.
City Administrator Lerud noted that at the last Council meeting there was a proposal for Timber Lane Goose
Management Plan. He stated that following the meeting the City received documents to establish the
Timber Lane Lake Association that would manage the goose management plan and would be comprised of
seven of the nine property owners on Timber Lane. He stated that he had spoken with a representative from
the DNR following the meeting and he explained that the DNR views a lake association as being everyone
around the lake and not a specific neighborhood. He stated that the DNR did not approve a permit for this
year.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 9, 2018
Page 6 of 6
B. Mayor and City Council
Councilmember Johnson noted that he would like to give an update on the mediation efforts that Council
approved in May of 2018 for his neighborhood. He stated that at the last meeting, City Administrator Lerud
had stated that the parties had settled, but the parties have not settled. He stated that he cannot provide any
more information than that and suggested that perhaps City Administrator Lerud was able to speak more
freely than he was.
City Administrator Lerud stated that the parties have not been able to finalize the agreement that they had
tentatively reached. He stated that he did offer both parties a second mediation session but has not heard
back on their responses.
Mayor Zerby stated that this was disappointing.
Councilmember Johnson stated that a central issue to additional mediation is legal fees.
Councilmember Siakel asked if something happened after mediation because both parties left having agreed
upon something. Mayor Zerby asked City Attorney Keane what the options were outside of mediation.
City Attorney Keane stated that he believed the parties were still talking and the City has extended the
opportunity to reconvene and noted that there is not much more the City can do beyond that.
Mayor Zerby reiterated his disappointment and asked that there be an update on the progress at the next
Council meeting.
Councilmember Siakel stated that the Park Commission meeting in scheduled for July 10, 2018 and she has
a conflict. She asked if any of the other Councilmembers would be able to attend in her place. She stated
that she would like to have Council represented there, especially because of the decision about the surface
of Badger Park.
Planning Director Darling noted that it is a Park Tour that starts at 6:00 p.m.
Councilmember Siakel stated she wanted to thank Councilmember Sundberg and City Administrator Lerud
for the work they have done with the Fire Board.
Mayor Zerby noted that the next Police Board meeting is scheduled for July 11, 2018 to discuss the 2019
budget. He reviewed the general budget numbers and noted that of the $2,598,000 total budget, the City’s
portion is $1,286,000 which is an increase of $105,000.
11. ADJOURN
Sundberg moved, Siakel seconded, Adjourning the City Council Regular Meeting of July 9, 2018, at
7:48 P.M. Motion passed 4/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
#2C
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Verified Claims
Meeting Date: July 23, 2018
Prepared by: Michelle Nguyen, Senior Accountant
Greg Lerud, City Administrator
Joe Rigdon, Interim Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
64610 - 64648 & ACH 1,120,022.68
Total Claims $1,120,022.68
We have also included a payroll summary for the payroll period ending July 8, 2018.
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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ITEM 2D
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Ordinance 561 Codification of 2018 City Code Supplement S-13
Meeting Date: Monday, July 23, 2017
Prepared by: Sandie Thone, City Clerk
Reviewed by: Greg Lerud, City Administrator
Attachments: Ordinance 561 Codification of Ordinances for 2018 City Code Supplement S-13
Background: On November 22, 2004, Council adopted Ordinance 409 which approved the Municipal
Code Book codification provided by American Legal Publishing Corporation and the League of MN Cities.
Twelve (12) supplements have been completed since the initial codification.
The thirteenth supplement (S-13) to the City Code contains ordinances up through and including
Ordinance 555. This ordinance if so adopted shall take effect upon publication in the city’s official
newspaper.
Financial or Budget Considerations: Budget Item: Administration Budget: Cost of S-13 Supplement does
not exceed budgeted funds.
Recommendation/Action Requested: 2 Motions Required as Outlined Below:
1)Motion: Staff respectfully requests the city council to consider adoption of Ordinance 561
Codification of Ordinances for 2018 Supplement S-13 to the Shorewood City Code, provided by
American Legal Publishing Corporation. Motion, Second, and Majority required.
2)Motion: Staff respectfully requests the city council to consider approval of Resolution 18-071 for
the Summary Publication and Content as described in the attached summary publication.
Motion, Second and Four-Fifths Vote required.
Connection to Vision /Mission: Consistency in providing the community with 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
CITY OF SHOREWOOD
ORDINANCE 561
AN ORDINANCE ENACTING AND ADOPTING THE 2018 S-13 SUPPLEMENT TO
THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
American Legal Publishing Corporation of Cincinnati, Ohio, has completed the thirteenth
Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all
ordinances up through and including Ordinance No. 555 of a general and permanent nature
enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and
It is the intent of the City of Shorewood to accept these updated sections, as outlined in the
attached Exhibit A;
NOW THEREFORE
the City Council of the City of Shorewood, Minnesota, ordains:
Section 1.
That the thirteenth supplement to the Code of Ordinances of the City of
Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio,
is hereby accepted.
Section 2.
This ordinance adopting the 2018 S-13 Supplement to the Code of Ordinances
shall take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL
of the City of Shorewood, Minnesota, this 23rd day of
July 2018.
__________________________
Scott Zerby, Mayor
ATTEST:
____________________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 18-071
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE 561 ENACTING AND ADOPTING THE 2018 S-13 SUPPLEMENT
TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD
WHEREAS,
at a duly called meeting on July 23, 2018, the City Council of the City of
Shorewood adopted Ordinance 561 entitled “
ORDINANCE 561 ENACTING AND ADOPTING
THE 2018 S-13 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF
SHOREWOOD MINNESOTA; and
WHEREAS
, The City Council has adopted annual supplements to the code of ordinances since
its approval of the codification process in 2004. This supplement S-13 contains ordinances up
through and including 555. The purpose of the summary is to inform the public of the intent and
effect of the ordinance while saving the expense of publishing the entire ordinance. The full and
complete ordinance is on file in the office of the City Clerk.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD:
1. The City Council finds that the attached Summary Publication of Ordinance No. 561
clearly informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 561 by title and summary, pursuant
to Minnesota Statutes, Section 412.191, subdivision 4.
3. A full copy of the Ordinance is available at Shorewood City Hall and on the city’s website.
ADOPTED
by the Shorewood City Council on this 23rd day of July 2018.
ATTEST: Scott Zerby, Mayor
________________________________
Sandie Thone, City Clerk
(Official Publication)
CITY OF SHOREWOOD
HENNEPIN COUNTY, STATE OF MINNESOTA
SUMMARY PUBLICATION
ORDINANCE 561: AN ORDINANCE ENACTING AND ADOPTING
THE 2018 S-13 SUPPLEMENT TO THE CODE OF ORDINANCES
FOR THE CITY OF SHOREWOOD MINNESOTA
Section 1.
American Legal Publishing Corporation of Cincinnati, Ohio, has completed the
thirteenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement
contains all ordinances up through and including Ordinance No. 555 of a general and permanent
nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood. It
is the intent of the City of Shorewood to accept these updated sections, as outlined in Exhibit A
(available at city offices). The Shorewood City Council ordains that the thirteenth supplement to
the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing
Corporation of Cincinnati, Ohio, is hereby accepted.
Section 2.
This ordinance adopting the 2018 S-13 Supplement to the Code of Ordinances shall
take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood on July 23, 2018.
s/s Sandie Thone, City Clerk
#2E
MEETING TYPE
City of Shorewood Council Meeting Item
REGULAR
Title / Subject: Authorization to Offer Additional Buy Down Energy Audits
Meeting Date: July 23, 2018
Prepared by: Julie Moore, Communications Coordinator
Reviewed by: Greg Lerud, City Administrator
The City of Shorewood is an Xcel Partners in Energy City. As such, the City
Policy Consideration:
encourages residents to maximize the energy efficiency of their homes in Shorewood. Energy
audits are available to residents through Center for Energy and the Environment for $100 per
household. Should the City offer a 50% reduction in the audit cost to an additional 25
participants as a way to encourage registration and to promote the opportunity?
At the March 26, 2018, city council meeting, the council authorized the use of the
Background:
recycling fund to offer 25 residential energy audits at half price to residents. Twenty-four of the
original 25 energy audits have been scheduled, and staff would like to offer an additional 25
buy down audits prior to the fall/winter heating season. As part of the audit, representatives
from the Center for Energy and the Environment (CEE), a non-profit organization partnering
with Xcel, conduct energy audits of homes, evaluate the insulation, lighting, appliances,
heating, and more. In addition, they make improvements for no additional charge on many
items, while making recommendations and offering resources for larger energy efficiency
updates. The charge for an audit is $100 and the works includes for no additional charge:
infrared photos of the home for heating/cooling leaks, change of lightbulbs to LED bulbs,
replacement of showerheads to low-flow versions, insulation blankets for water heaters and
hot water pipes, weather stripping where needed, faucet aerators, a blower door test to find air
leaks in the home. A complete review of the results are presented to homeowners, and
recommendations for additional work that can help make the home more energy efficient are
discussed. Homes can earn an energy efficiency certification which can help home resale.
o promote awareness of the program and increase
Recommendation / Action Requested: T
registrations, staff and the resident energy committee requests the City Council approve buying
down the cost of an audit to $50 for an additional 25 Shorewood households. This would
require a $1,250 investment by the city which could use recycling revenue. In 2017 the city had
a fund balance of $262,060 as of 12/31/2017. This allows extra revenue that could be used for
sustainability and environmental purposes by 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
6A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK TOUR MEETING SHOREWOOD CITY HALL
TUESDAY, JULY 10, 2018 6:00 PM
NOTES
PARK TOUR
Chair Mangold convened the tour of City parks at 6:15 p.m.
Chair Mangold, Commissioners Barr, Rock, Ashmore, Planning Director Darling, Public Works Director
Brown, Public Works Lead Supervisor Baumann, City Council Liaison Labadie and City Administrator
Lerud were present. Commissioner Vassar arrived later at Manor Park.
1. MANOR PARK
Seventeen residents were in attendance to discuss the condition of the pond and what could be done to
clean it up. It was mentioned that after the Parkview Crossing subdivision was built the pond in that
subdivision seemed to have an affect on the pond at Manor Park. The residents are wondering what can be
done to clean up the pond and what long term options can be done. The pond is smelly, gurgling and it is
the worst it has been in 13 years. One resident suggested checking into an organic company that would
infuse bales of hay. Public Works Director Brown explained that it is very expensive to dredge the pond.
When asked how to get this on the list to look at he explained that the City Council would have to give
staff direction and come back to the council with solutions and options of improving the quality of the
pond and its long-term solutions. It was explained the residents can attend a park meeting or city council
meeting any time. They would be able to voice their opinion during the agenda section called “Matters
from the Floor.”
Several residents complimented Public Works on the maintenance of the park and how nice it looks. Public Works
Director Brown also gave thanks to the Babcocks as they have spruced up items within the park and
provide on-going care of all the plants.
Other suggestions the residents had are:
Take down obsolete flyers in bulletin board
Add a perimeter walking path around the park.
New mulch or gravel around the building
Couple elm trees are dying near the pond
Spiff up the restrooms
Lights on the shelter are flickering – can this be fixed
Stripping the parking lot – this will be done this year
Cleaning up the 5 corners – groom up to the asphalt
Continuing the tour of Manor:
Trim brush by back fence of tennis court
Check on converting the court for two pickleball courts instead of a joint pickle ball/tennis court.
2. SOUTH SHORE COMMUNITY PARK
Add garden plots outside of fence area
Can floating curb stop be removed
PARK COMMISSION TOUR MINUTES
TUESDAY, JULY 10, 2018
2
PAGE 2 OF
How and what needs to be determined for use of space
Planting trees by Highway 7 for a screen
Do survey to surrounding neighborhoods to see what they would like to see at the park
3. SILVERWOOD PARK
Remove volunteer appreciation sign due to deterioration
Public Works Director Brown will investigate to see if the tiered wall was put there for the
park or the water treatment building as the railing needs repair
Tours ended at 8:00
6A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, JULY 10, 2018 IMMEDIATELY
FOLLOWING PARK TOUR
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Mangold convened the meeting at 8:10 p.m.
A. Roll Call
;
Present: Chair Mangold, Commissioners Vassar, Rock, and BarrCity Council
Liaison Labadie; City Planner Darling; and Public Works Director
Brown
Absent: Commissioner Ashmore
B. Review Agenda
Commissioner Barr asked to add an agenda item to discuss the pond at Manor Park.
Chair Mangold stated that he will add it between current items 3 and 4.
Rock moved to approve the agenda, as amended. Barr seconded the motion. Motion carried 4-0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of May 8, 2018
B. Park Tour Notes from June 26, 2018
Mangold moved to approve the Park Commission Meeting minutes of the May 8, 2018 meeting and the
Park Tour Notes from June 26, 2019, as written. Rock seconded the motion. Motion carried 4-0.
3. MATTERS FROM THE FLOOR
There were none.
4. NEW BUSINESS
A. Pond at Manor Park Discussion
Chair Mangold asked for comments regarding the feedback from the neighborhood.
Commissioner Rock asked if there was a possibility of establishing a dedicated drainage and utility
easement. He asked if the pond was officially attached to the park.
Planning Director Darling confirmed that the pond is on the same parcel as the park.
Commissioner Rock stated that it is a very important issue to the community and feels the City should
look at what can be done both long and short term, to address the residents’ concerns.
PARK COMMISSION MINUTES
TUESDAY, JULY 10, 2018
2
PAGE 2 OF
Rock moved to recommend that the Council direct staff to look into short term fixes and long-term
solutions to the issues with the pond at Manor Park. Barr seconded. Motion carried 4-0.
B. Review and Discuss Comprehensive Plan – Park Section
Darling stated that staff has already looked at the Park Section of the Comprehensive Plan and made a
few edits. She asked the Park Commission to give feedback on whether they believe there are
deficiencies in any park that should be added.
Chair Mangold suggested going park by park to see if any changes needed to be made.
Badger Park – no changes necessary
Cathcart Park – Magic Square will be taken out, address parking element before shelter
Manor Park – Add pond for long term use and aesthetics, horseshoe pit and bocce ball area, lighting,
improved parking and trail possibilities. Also, a formal seating/outdoor classroom area near where the
willow tree will come down (per the TKDA plans from 2009).
Silverwood Park – Remove the trail plans
Freeman Park – Add different levels of playground equipment, increased trails
Southshore Community Park – no changes necessary, open to suggestions from the community as to what
they would like to see at this park, research a name change to make it less confusing
Gideon Glen – no changes necessary, increase public education and teachings, seek out other research
projects
5. OLD BUSINESS - NONE
6. STAFF AND LIAISON REPORTS / UPDATES
A. City Council
Labadie stated that she was unable to attend the last Council meeting.
Planning Director Darling stated that the Council discussed the playground surface for Badger Park. She
explained that Council voted to approve the poured in place rubber surface and directed staff to look into
funding sources for Freeman Park.
B. Staff - None
7. ADJOURN
Barr moved to adjourn the Park Commission Meeting of July 10, 2018 at 9:15 p.m. Mangold
seconded the motion. Motion carried 5-0.
Respectfully submitted,
Marie Darling
City Planner
#7A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Approve Development Agreement for Starbucks
Meeting Date: July 23, 2018
Prepared by: Marie Darling, Planning Director
Attachments: Development Agreement
Resolution
Policy Consideration: Should the City execute a Development Agreement with the Watson Vinehill, LLC.
(the Starbucks developer) to guarantee site improvements are completed as shown on the approved
plans for the redevelopment of the property at 19285 Highway 7?
Background: In September of 2017, the City Council approved a CUP for a Starbucks coffee with a drive-
thru service window. One of the conditions of approval required that the developer execute a
performance agreement and submit related financial guarantees. Attached for your review is a
development agreement drafted by staff and executed by the developer to guarantee construction of
the required on and off-site improvements related to the redevelopment of the site.
The development is similar to that used for subdivisions and planned unit developments, but revised as
needed based on the development. The primary issues covered by the agreement include:
A list of improvements covered by the development
A deadline for completion of improvements (October 31, 2019)
The amount of the financial guarantee for the improvements and escrow deposit to pay for
city’s role in the administration of the contract
The requirements and schedule to refund the guarantee and escrow
Remedies for default
Financial or Budget Considerations: The required escrow and financial guarantees cover the cost of
administering the agreement and conducting site inspections that are not included in the building
permit fees.
Options: Approve the amendment; deny the amendment; or modify the amendment.
Recommendation / Action Requested: Staff recommends approval and execution of the attached
development agreement.
Next Steps and Timelines: This condition is the last incomplete condition of approval required prior to
issuance of building permits. If the City Council authorizes execution and when the developer submits
the related financial guarantees, off-site improvements may begin and a building permit can be issued
when the design is consistent with building and city codes.
Connection to Vision / Mission: Quality public services and sound financial management.
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
S:\Planning\Planning Files\Applications\2017 Cases\Starbucks CUP\CAF report for 180718.docx
CITY OF SHOREWOOD
RESOLUTION NO. 2018-072
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR
REDEVELOPMENT OF 19285 HIGHWAY 7
FOR STARBUCKS WITH A DRIVE-THRU SERVICE WINDOW
WHEREAS
, Resolution 2017-85 requires the developer to enter into a development agreement
with the City of Shorewood prior to commencing construction or issuance of permits for the
redevelopment of the above property, and
WHEREAS,
Watson Vinehill, LLC. executed the development agreement related to the
redevelopment of 19285 Highway 7.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Shorewood
approves the development agreement;
FURTHER,
that the City Council hereby authorizes the Mayor and City Administrator to
execute the agreement.
rd
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 23 day of
July, 2018.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
8A
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Accept Bids and Award Contract for Replacement of the Boulder Bridge Well
Motor Control Center, City Project 18 -01
Meeting Date: July 23, 2018
Prepared by: Larry Brown, Director of Public Works
Attachments Bid Tabulation, Resolution 18 -073
Policy Consideration: Should the City of Shorewood enter into a contract for replacement of
the Boulder Bridge Well Motor Control Center?
Background: On June 12, 2018, the City Council approved the Plans, Specifications, and
Engineer's Estimate and Authorized Advertisement for Bids for the above referenced project.
Bids were received and opened publicly at 2:00 p.m., July 12, 2018, at Shorewood City Hall.
Three firms submitted bids for the project, as shown in Table 1 below.
Bid Received; From
Amount
Premier Electrical Corporation
$ 159,440.00
Killmer Electric Co., Inc.
$ 167,600.00
Electrical Installation and Maintenance, Co.
Engineer's Estimate
$ 129,900.00
$ 195,141.00
The Specifications for the project included a bid form that specified that a 10 percent bid bond be
submitted with each bid. There is no set requirement for the percentage of the bid bond set by law. It
is what the Owner specifies.
It was noted during the bid opening that Premier Electric and Killmer Electric did submit bid bonds in the
amount of 10 percent of the bid amount. Electrical Installation and Maintenance (aka EIM) submitted a
bid bond in the amount of 5 percent of the amount bid versus 10 percent.
Staff has reviewed the bids, and consulted with our City Attorney regarding the difference in the Bid
Bond amount. The Instructions to Bidders for the Specifications includes the following excerpt.
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
BID SECURITY: A certified check or a Bid Bond satisfactory to the City of Shorewood, Minnesota, in the
amount of not less than 10 percent of the total Bid price submitted must accompany each Bid.
LABOR RATES - MINIMUM WAGE REQUIREMENTS: This project is being funded by the City of
Shorewood, MN. The project is not subject to the provisions of Davis -Bacon wages.
PERFORMANCE AND PAYMENT BONDS: The successful Bidder will be required to furnish a
Performance Bond and Labor and Materials Payment Bond each in the amount of the Contract.
The Bid, Agreement, and Bonds shall be conditioned upon compliance with all provisions of the Bid
Documents.
PROJECT ADMINISTRATION: All questions relative to this project prior to the opening of bids shall be
directed to the Engineer /Manager for the project. It shall be understood, however, that no specification
interpretations will be made by telephone.
Address inquiries to:
AE2S
Attn: Charles Haupert, P.E.
6901 E Fish Lake Road Ste 184 Maple Grove, MN 55369
Tel: 763 - 463 -5036
Email: Charles.Haupert @AE2S.com
OWNER'S RIGHTS RESERVED: The OWNER reserves the right to reject any or all bids, to waive any
informality in a bid, and to make awards in the interest of the OWNER.
Under the above language, the Owner may waive any informality in a bid and make award in the
interest of the Owner.
it was also made clearly known to staff that Electrical Installation and Maintenance is owned by the
same parent company as AE2S. This does not represent a conflict, since the two firms are separate
entities.
Recommendation: Staff recommends approval of the attached resolution that awards the
Contract for the Boulder Bridge Well Motor Control Center to Electrical Installation and
Maintenance, Co. in the amount of $129,900.00.
CITY OF SHOREWOOD
BID TABULATION
For the Boulder Bridge Motor Control Center Replacement
City Project No. 18 -01
110 - I
CONTRACTOR BID SECURITY BID AMOUNT
Premier Electrical Corporation 10% $159,440.00
Kilimer Electric Co., Inc.
10%
$167,600.00
Electrical Installation and Maintenance, Co. 5% $129,900.00
Engineer's Estimate $195,141.00
I hereby certify that this tabulation is a correct and true representation of the bids received on this
date for this Improvement Project.
Director of Public Works
7/12/2018
Date
Sandie Thone
City Clerk
Date
RESOLUTION ;1 AND AWARDING
CONTRACT FOR THE BOULDER BRIDGE MOTOR CONTROL
REPLACMENT PROJECT,
CITY PROJECT 18-01
WHEREAS, pursuant to an advertisement for bids for local improvements
designated as the Boulder Bridge Motor Control Center Replacement, City Project No.
18 -01, bids were received, opened on July 12', 2018 and tabulated according to law, and
such tabulation is attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the City Council has determined that Electrical Installation and
Maintenance Co., is the lowest responsible bidder in compliance with the specifications.
NOW, THEREFORE, DE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Mayor and Acting City Administrator /Clerk are hereby authorized and
directed to enter into a contract with Electrical Installation and Maintenance Co., in the
name of the City of Shorewood, Project No. 18 -01, according to the plans and
specifications therefor approved by the City Council on file in the office of the City
Administrator /Clerk.
2. That the City Clerk is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except for the deposits of the successful bidder
and the next lowest bidder, which shall be retained until a contract has been signed.
this 23rd day of July, 2018.
ATTEST:
Sandie Thane, City Clerk
Scott Zerby, Mayor
CITY OF SHOREWOOD
BID TABULATION
For the Boulder Bridge Motor Control Center Replacement
City Project No. 18 -01
CONTRACTOR BID SECURITY BID AMOUNT
Premier Electrical Corporation 10% $159,440.00
Killmer Electric Co., Inc.
10%
$167,600.00
Electrical Installation and Maintenance, Co. 5% $129,900.00
Engineer's Estimate $195,141.00
I hereby certify that this tabulation is a correct and true representation of the bids received on this
date for this Improvement Project.
Director of Public Works
7/12/2018
Date
�1
C ity Clerk
Date �
CITY OF SHOREWOOD
RESOLUTION NO. 18-073
A RESOLUTION ACCEPTING BID AND AWARDING
CONTRACT FOR THE BOULDER BRIDGE MOTOR CONTROL
REPLACMENT PROJECT,
CITY PROJECT 18-01
WHEREAS
, pursuant to an advertisement for bids for local improvements
designated as the Boulder Bridge Motor Control Center Replacement, City Project No.
th
18-01, bids were received, opened on July 12, 2018 and tabulated according to law, and
such tabulation is attached hereto and made a part hereof as Exhibit A; and
WHEREAS
, the City Council has determined that Electrical Installation and
Maintenance Co., is the lowest responsible bidder in compliance with the specifications.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood as follows:
1. That the Mayor and Acting City Administrator/Clerk are hereby authorized and
directed to enter into a contract with Electrical Installation and Maintenance Co., in the
name of the City of Shorewood, Project No. 18-01, according to the plans and
specifications therefor approved by the City Council on file in the office of the City
Administrator/Clerk.
2. That the City Clerk is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except for the deposits of the successful bidder
and the next lowest bidder, which shall be retained until a contract has been signed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 23rd day of July, 2018.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
#8B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Resolution Accepting Quotes and Award of Construction Contract for the
2018 Pavement Marking Project.
Meeting Date: 7/23/2018
Prepared by: Alyson Fauske
Reviewed by: Katie Koscielak
Attachments: Resolution
Background:
The City annually provides for maintenance of City street pavement markings. Streets scheduled for the
2018 Pavement Marking Project are illustrated on the attached location map. The pavement markings
consist of roadway and parking lot striping, crosswalks, stop bars and directional pavement messages
such as turn arrows and crosswalks.
Quotes were requested from three contractors. WSB will provide a bid results letter with
recommendation for awarding the project to the Council on Monday, June 23, 2018.
Options:
1.Approve the resolution accepting quotes and awarding the contract to the lowest responsible
and responsive quote for the 2018 Pavement Marking Project.
2.Reject all quotes for the 2018 Pavement Marking Project.
3.Take no action on this item at this time.
A Resolution will be provided to the Council on July 23, 2018, with the quote award recommendation
letter from WSB. A draft Resolution is included with this agenda item for Council reference.
Recommendation: Staff recommends the City Council approve the attached resolution “Accepting
Quotes and Awarding the Contract for the 2018 Pavement Marking Project”
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. 18-074
A RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR
THE 2018 PAVEMENT MARKING PROJECT
WHEREAS
, pursuant to an invitation to provide quotes for local improvements
designated as the 2018 Pavement Marking Project, quotes were received, opened on July 23,
2018, and tabulated according to law; and
WHEREAS,
the City Council has determined that _COMPANY NAME_ the lowest
quote in compliance with the quote documents.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Clerk are hereby authorized and directed to enter into a
contract with _COMPANY NAME_ in the name of the City of Shorewood, according to the
plans and specifications therefore approved by the City Council on file in the office of the City
Clerk.
2. That the City Clerk is hereby authorized and directed to return forthwith to all
contractors providing quotes the deposits made with their quotes, except for the deposits of the
successful quote and the next two lowest quotes, which shall be retained until a contract has been
signed.
rd
ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD
this 23
day of July, 2018.
____________________________
Scott Zerby, Mayor
ATTEST:
______________________________
Sandie Thone, City Clerk
#9A
MEETING TYPE
City of Shorewood Council Meeting Item
REGULAR
Title / Subject: Sale of City-owned property at 22000 Stratford Place
Meeting Date: July 23, 2018
Prepared by: Greg Lerud, City Administrator
Attachments: Survey of parcel, Memo from County Assessor, Purchase Agreement, Resolution 18-075
Policy Consideration: Should the City Council approve the sale of a vacant city-owned parcel?
Background: The City owns a parcel at 22000 Stratford Place that was platted as an Outlot to the
nd
Woodhaven 2 Addition. The lot used to have a city well and pump house structure on the property.
The structure has since been removed and the well abandoned. Earlier this year staff was approached
by an individual who was interested in purchasing the lot to construct his home. Staff has discussed the
lot and finds that the property is not needed for any city activity and it would be in the best interest of
the city to sell the lot.
Staff contacted Michael Smerdon with the County Assessor’s office for an estimated value of the land.
He is the Principal Appraiser for Shorewood and he estimated the value of the property between
$135,000 and $185,000. I also contacted a local real estate agent and he estimated the same value
range for the parcel. Staff worked with the buyer on a purchase agreement and recommends selling the
lot for $155,000.
The property must be platted in order to be sold – buildings are not permitted on an Outlot – and during
the survey it was discovered that the property to the north of this parcel along Apple Road has part of
their driveway and monument on this parcel. It is located in the side/front yard drainage easement
area, so we are working on an encroachment agreement with that neighbor that will allow them to keep
those two items in place. The potential buyer of the city property is aware of the situation.
Prior to selling the property, the Planning Commission is required to review the proposed disposal of
real estate to ensure that the disposal is consistent with the city’s comprehensive plan. On July 17, the
Planning Commission met and found the sale is consistent with the city’s comprehensive plan.
Options: The council can approve the sale as presented by approving the attached Resolution. The
council can request changes to the purchase agreement and renegotiate those changes with the
potential buyer, or the city can reject the sale and provide staff other direction.
Recommendation / Action Requested: Staff requests that the Council approve the sale by approving
Resolution 18-075.
Next Steps and Timeline: As part of the purchase agreement, the city is required to provide marketable
title, which means the city is responsible for taking the parcel through the plat process. That process
should take place in August and then a closing date will be set.
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
Preliminary Plat
Shorewood, MN
Woodhaven 7th Addition
50
K:\012131-000\Survey\Drawing\012131-000-V-PPLAT-Woodhaven 7th Addition.dwg, 6/29/2018 12:59:03 PM
CITY OF SHOREWOOD
RESOLUTION 18 – 075
RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY-OWNED
PARCEL LOCATED AT 22000 STRATFORD PLACE
WHEREAS
City Staff received an inquiry about purchasing of a city-owned parcel located at
22000 Stratford Place to construct a single-family dwelling; and,
WHEREAS
Staff reviewed the request and evaluated potential uses for the property and
recommends that the City Council approve the sale of the property because no
future city use was determined; and,
WHEREAS
A purchase agreement was prepared by the city attorney and reviewed and
approved by the potential buyer, who signed the agreement on July 19; and,
WHEREAS
The Planning Commission met on July 17 and found that the disposal of this
parcel is consistent with the city’s comprehensive plan,
NOW THEREFORE BE IT RESOLVED
by the Shorewood City Council, that;
1.The Council finds the sale is in the best interest of the city and approves the sale of the
property with the address 22000 Stratford Place
2.The purchase agreement as attached to this Resolution is approved.
3.Recommends that the platting process begin as soon as possible.
4.Directs staff work with the buyer and others to ensure the sale is completed in a timely
manner.
rd
Adopted this 23 day of July, 2018.
___________________________________
Scott Zerby, Mayor
ATTEST
__________________________________
Sandie Thone, City Clerk
PURCHASE AGREEMENT
by and between
The City of Shorewood
and
William Coldwell
PARTIES
1.. This purchase agreement (the “Purchase Agreement”) is made this ____
day of May, 2018, by and between the City of Shorewood, a political subdivision of the State of
Minnesota (the “Seller”), and William P. and Margaret M. Coldwell, husband and wife, (the
“Buyer”).
SUBJECT PROPERTY
2.. The Seller is the owner in fee simple of real estate located
at 22000 Stratford Place in the City of Shorewood, Hennepin County, Minnesota, which is currently
legally described as Outlot A, Woodhaven Second Addition, PID 3511723330026, attached hereto as
Exhibit A
(the “Property”).
OFFER/ACCEPTANCE
3.. In consideration of the mutual agreements between the
Seller and the Buyer contained herein, the Seller agrees to sell the Property to the Buyer, and the
Buyer agrees to purchase the Property from the Seller.
CONTINGENCIES.
4. This Purchase Agreement is contingent upon the satisfaction
of the following conditions:
A.Approval of this Purchase Agreement and sale of the Property hereunder by the
Shorewood City Council, the Seller’s official governing body;
B.Satisfaction of the Buyer with the results of the environmental inspection and soil tests
conducted under Section 8 of this Purchase Agreement;
C.The Buyer’s examination of title as provided at Section 11 of this Purchase
Agreement; and
D.Seller obtaining all necessary approvals for re-platting the Property from Outlot A,
Woodhaven Second Addition to Lot 1, Block 1, to Re-Plat of Woodhaven Second
Addition.
The parties shall have until the date of the closing of the sale of the Property (“Closing”) to
satisfy the foregoing contingencies. The contingencies set forth in B and C are solely for the benefit
of the Buyer and may be waived in writing solely by the Buyer. If the contingencies are duly satisfied
or waived in writing by the Buyer as applicable herein, then the Buyer and the Seller shall proceed to
close the transaction as contemplated herein. If, however, one or more of the contingencies is not
timely satisfied and is not waived in writing by the Buyer, or by the Buyer and the Seller, as applicable
herein, then this Purchase Agreement shall thereupon be void, at the option of the Buyer or at the
option of the Buyer and the Seller, as applicable herein. If this Purchase Agreement is voided at the
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4826-9195-7094.1
option of the Buyer or at the option of the Buyer and the Seller, as applicable herein, then the Buyer
and the Seller shall execute and deliver to each other a termination of this Purchase Agreement.
PERSONAL PROPERTY INCLUDED IN SALE
5.. The following items of
personal property and fixtures owned by the Seller and currently located on the Property are
included in this sale: None.
PURCHASE PRICE AND TERMS:
6. The total Purchase Price for the Property is
One Hundred and Fifty-Five Thousand Dollars ($155,000). The Seller acknowledges it does not have
any tenant on the Property who is entitled to any relocation services or relocation benefits. The Buyer
shall pay an Earnest Payment of Five Thousand Dollars ($5,000) upon execution of this Purchase
Agreement and the balance of the full Purchase Price to the Seller at the Closing. There are no
improvements necessary to be made to the Property.
CLOSING DATE.
7. The Closing shall take place on or before July ____, 2018, unless
otherwise mutually agreed upon by the Seller and the Buyer. The Closing shall take place at
Shorewood City Hall, or such other location as mutually agreed upon by the Seller and the Buyer.
ENVIRONMENTAL INSPECTION AND SOIL TESTS.
8. After execution of this
Purchase Agreement and before the Closing, the Buyer at its expense, and its duly authorized agents,
servants or employees shall have the right to enter upon the Property for purposes of investigating,
monitoring, testing or other similar activities necessary or appropriate to identify the existence and
extent of a threat of release or a release of a hazardous substance, pollutant, or contaminant. The
Buyer agrees to do no unnecessary damage to the Property, and to restore the Property to substantially
the same condition in which it was found. The Buyer agrees to defend, indemnify, and hold harmless
the Seller against any and all liability, loss, costs, damages, expenses, claims, liens, or actions
including attorney’s fees which the Seller may sustain, incur or be required to pay arising out of or by
reason of any act or omission of the Buyer or the Buyer’s agents, servants, or employees, in exercising
the Buyer’s right to enter the Property for environmental inspection and soil tests, as stated in this
section. The Buyer agrees to provide the Seller with a copy of any report prepared as a result of such
examination and tests, upon the request by the Seller. Buyer shall have the right to assign the right to
inspect and examine the Property to the Developer at the Buyer’s sole discretion. If the Buyer assigns
the right to inspect and examine the Property to the Developer, then the Buyer agrees to defend,
indemnify, and hold harmless the Seller against any and all liability, loss, costs, damages, expenses,
claims, liens, or actions including attorney’s fees which the Seller may sustain, incur or be required
to pay arising out of or by reason of any act or omission of the Developer, or the Developer’s agents,
servants, or employees, in exercising the Buyer’s right to enter and work upon the Property for
environmental inspection and soil tests, as stated in this section.
DOCUMENTS TO BE DELIVERED AT CLOSING.
9.The Seller agrees to deliver
the following documents to the Buyer at Closing:
A.A recordable deed conveying marketable title to the Buyer, free and clear of any
mortgages, liens or encumbrances other than matters created by or acceptable to the
Buyer;
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4826-9195-7094.1
B.Affidavit of the Seller confirming that the Seller is not a foreign person within the
meaning of Section 1445 of the Internal Revenue Code;
C.A completed Minnesota Well Disclosure Certificate;
D.Any notices, certificates, and affidavits regarding any private sewage systems,
underground storage tanks, and environmental conditions as may be required by
Minnesota statutes, rules or ordinances;
E.Customary affidavits, certificates and such other documents as the Buyer may request
to carry out this transaction; and
REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
10.
A. The Seller shall be responsible for all taxes attributable to the Property, including any
deferrals or penalties, assessed against the Property up to the date of Closing. The
Buyer shall be responsible for all taxes allocable after the Closing.
B. The Seller shall pay at or before Closing all special assessments levied against the
Property as of the date of Closing.
EXAMINATION OF TITLE; CURING TITLE DEFECTS.
11. The Seller will
provide to the Buyer a commitment for title insurance (“Commitment”) for the Property, and the
Buyer shall have twenty (20) business days after receipt thereof to examine the same and to deliver
written objections to title, if any, to the Seller, or the Buyer’s right to do so shall be deemed waived.
The Buyer shall pay the owner’s permission for title insurance. The Seller shall have until Closing to
make title marketable at the Seller’s cost. In the event that title to the Property cannot be made
marketable or is not made marketable by the Seller by Closing, then this Purchase Agreement may
be terminated at the option of the Buyer.
CLOSING COSTS AND RELATED ITEMS.
12. The Seller shall be responsible for
the following Closing costs and related items: all charges relating to the filing of any instrument
required to make title marketable; its own legal fees associated with this transaction; any costs of
preparation of a title commitment, including any abstracting fees and fees for standard searches with
respect to the Seller and the Property; and any state deed tax and conservation fee with respect to the
quit claim deed. The Buyer shall be responsible for the following costs and related items: premiums
required for issuance of the Buyer’s title insurance policy, if purchased by Buyer; its own legal fees
associated with this transaction; all other recording fees; fees of any soil tests, environmental
assessments, inspection reports, appraisals, or other tests or reports ordered by the Buyer in connection
with its purchase of the Property; and closing fees charged by the title company or closer.
POSSESSION/CONDITION OF PROPERTY.
13. The Seller shall deliver possession
of the Property to the Buyer at Closing in the same condition as the Property existed on the date of
execution of this Purchase Agreement. Subject to the Developer obtaining necessary approvals to
subdivide Outlot A, Woodhaven Second Addition, the Property will be sold “As-Is.”
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4826-9195-7094.1
SELLER’S WARRANTIES.
14. The Seller has good, indefeasible and marketable title
to the Property. The Seller has the legal capacity and is authorized to enter this Purchase Agreement.
The Seller warrants that there has been no labor or material furnished to the Property for which
payment has not been made. The Seller agrees not to place any liens or encumbrances on the Property
after the date of execution of this Purchase Agreement.
The Seller warrants that the Seller has not received any notice from any governmental
authority regarding a violation of any regulation, ordinance, or law related to the Property. If the
Property is subject to any restrictive covenants, then the Seller warrants that the Seller has not received
any notice from any person or authority concerning a breach of those covenants. The Seller shall
provide any notices which the Seller receives concerning a breach of those covenants to the Buyer
immediately. The Seller discloses that the Property was previously used by Seller as a well and well
house.
RELOCATION BENEFITS; INDEMNIFICATION.
15. The Seller acknowledges
that neither it nor any tenant currently having an interest in the Property is being displaced from
the Property as a result of the transaction contemplated by this Purchase Agreement and that
neither the Seller nor any such tenant is eligible for relocation assistance or benefits or that the
Purchase Price includes compensation for any and all relocation assistance and benefits for which
it or any such tenant may be eligible. The provisions of this Section shall not merge with the deed
and shall survive the Closing of the transaction contemplated by this Purchase Agreement.
TENANTS.
16. The Seller warrants that there are no tenants on the Property with a
lawful leasehold interest.
EASEMENTS.
17. The Seller represents and warrants that there are no easements, or
claims of easements, other than the easements dedicated in the re-platting process to be of public
record on the Property.
BROKER COMMISSIONS.
18.TheSeller and the Buyer represent and warrant to
each other that there is no real estate agent or broker involved in this transaction with whom either
has negotiated, or to whom either has agreed to pay any agent or broker commission or fees. Each
party agrees to defend, indemnify, and hold harmless the other for any and all claims for any agent or
brokerage commissions or fees in connection with negotiations for purchase of the Property arising
out of any alleged agreement or commitment or negotiation by the indemnifying party.
NO MERGER OF REPRESENTATIONS, WARRANTIES.
19. The representations
and warranties contained in this Purchase Agreement will not be merged into any instrument or
conveyance delivered at the Closing, and the parties shall be bound accordingly.
SUBSEQUENT SALE OF PROPERTY.
20. The Buyer intends to develop the
Property with a single family house and agrees to comply with all laws applicable to future resale of
the Property.
ENTIRE AGREEMENT; AMENDMENTS.
21. This Purchase Agreement constitutes the
entire agreement between the parties and no other agreement prior to this Purchase Agreement or
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4826-9195-7094.1
contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any
purported amendment hereto shall not be effective unless it shall be set forth in writing and executed
by both parties or their respective successors or assigns.
BINDING EFFECT; ASSIGNMENT.
22. This Purchase Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs, executors, administrators, successors and
assigns.
NOTICE.
23. Any notice, demand, request or other communication which may or shall be given
or served by the parties shall be deemed to have been given or served on the date the same is deposited
in the United States mail, registered or certified, postage prepaid and addressed as follows:
If to Seller: Shorewood City Administrator
5755 Country Club Road
Shorewood, MN 55331
If to Buyer: William P and Margaret M. Coldwell
3501 Shore Drive
Excelsior, MN 55331
with a copy to: Tim Keane
Kutak Rock, LLP
60 South Sixth Street,
Suite 3400
Minneapolis, MN 55402
or such other address as either party may give to another party in accordance with this Section 23.
DEFAULT; REMEDIES; SPECIFIC PERFORMANCE.
24. If either party defaults
in any of its obligations under this Purchase Agreement, then the other party may terminate this
Purchase Agreement by written notice pursuant to Section 23 hereof. If this Purchase Agreement is
not so terminated, then the Buyer or the Seller may seek actual damages for breach of this Purchase
Agreement or specific performance of this Purchase Agreement, provided that any action for specific
enforcement of this Purchase Agreement must be brought within six months after the date the party
receives actual notice of the alleged breach.
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4826-9195-7094.1
IN WITNESS WHEREOF, the Seller and the Buyer have executed this Purchase Agreement
as of the date written above.
CITY OF SHOREWOOD, Seller
By:
By:
WILLIAM P. COLDWELL, Buyer
By:
MARGARET M. COLDWELL, Buyer
By:
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4826-9195-7094.1
EXHIBIT A
DEPICTION OF THE PROPERTY
A-1
4826-9195-7094.1
#10.A.2
MEETING TYPE
City of Shorewood Council Meeting Item
Regular
Title / Subject: June 2018 General Fund Monthly Budget Report
Meeting Date: July 23, 2018
Prepared by: Joe Rigdon, Interim Finance Director
Reviewed by: Greg Lerud, City Administrator
Attachments: June 2018 Budget Spreadsheet
Policy Consideration:
A General Fund budget report is provided to the City Council for review on a monthly basis.
Background:
The following information describes the unaudited financial results of the City’s General Fund as of June
30, 2018. Comparisons between year-to-date amounts through June for revenues and expenditures are
included to assist in gauging fund performance.
General Fund
Revenues:
Property tax revenues for the General Fund were $2,300,000 through June 2018, which
represents the County’s 70% June payment estimate of the first half property tax
collections. The 70% advance in 2018 was substantially higher than the $1,853,400
advance received in June 2017. The remainder of 2018 first half property taxes were
received in July 2018, and the second half property taxes will be received in December
2018.
Licenses and permits amounted to 86.0% of budget, or $210,778 through June of 2018.
The majority of the revenue consisted of building permits and plan check fees. As a
comparison, licenses and permits revenues through June of 2017 were $132,715.
Intergovernmental revenues were $48,537 through 06/30/18, increasing from $44,149
recorded in the prior year comparable period. The change was due to an increase in
Municipal State Aid (MSA).
Fines and forfeitures of $29,379 were recorded through 06/30/18 (49.0% of budget), as
compared to $28,880 through 06/30/17.
Miscellaneous revenues totaled $132,858 through 06/30/18. Antenna rent is the largest
component, and amounted to $114,678 through June 30, 2018. No investment interest
earnings are typically allocated to the General Fund until the fourth quarter.
Budgeted 2018 transfers in from utility funds of $25,000 were recorded in January 2018.
These include $12,500 from the Water fund, and $12,500 from the Sewer fund.
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
Total General Fund revenues (excluding transfers in) amounted to $2,750,677, or 45.6%
of budget through 06/30/18. Revenues through June for 2018 were $522,424 higher than
prior year revenues through June 2017, largely due to the increase in the property tax
advance from the County.
Expenditures:
General government expenditures through June 2018 were $716,981 (52.6% of budget),
or 4.8% lower than the comparable prior period.
Administration costs were at 50.0% of budget through June 2018 and were 2.4%
o
lower than the prior year.
Finance department expenditures were at 48.4% of budget through June 2018.
o
The Professional Services department expenditures were at 54.6% of budget, due
o
to the inclusion of 50% of County assessor fees in January 2018.
Planning expenditures were at 64.8% of budget, including approximately $26,000
o
of comprehensive plan costs. Expenditures were significantly lower through June
2018, as compared to June 2017, largely attributable to 2017 employee
separation payments.
Municipal building expenditures were at 56.2% of budget, due to inclusion of
o
annual insurance costs recorded early in 2018.
Public safety expenditures were $1,449,601 through 06/30/18 (65.3% of budget),
increasing 33.1% from $1,089,356 through 06/30/17.
Police expenditures were significantly higher and were related to payment timing
o
differences between years (6 months of operations service recorded through June
2017, versus 7 months recorded through June 2018 and 2 quarters of capital
recorded through June 2017, versus 3 quarters recorded through June 2018).
Fire expenditures were significantly higher and were related to payment timing
o
differences between years (2 quarters of service recorded through June 2017,
versus 3 quarters recorded through June 2018).
Protective inspections were at 53.8% of budget through June 2018.
o
Public works expenditures totaled $439,402 through 06/30/18 (35.9% of budget),
increasing from $299,028 through 06/30/17.
General public works operating costs were higher through June 2018, but were at
o
just 31.9% of budget.
Ice and snow removal expenditures were $90,788 (79.7% of budget) through June
o
2018, as compared to $27,746 through June 2017.
Parks and recreation expenditures amounted to $129,803 through June 2018, increasing
$13,975 from the comparable prior period.
Budgeted transfers out to other funds were $1,163,895 through June 2018, as compared
to $1,104,913 through June 2017. Additionally, $700,000 of 2017 transfers from the
General Fund were authorized by Council action and recorded in March 2017.
The General Fund exhibited an overall 21.2% increase in expenditures (not including
transfers out) from $2,735,787 through 06/30/17, as compared to $2,257,329 through
06/30/18. Removing the effect of the police and fire costs payment timing differences
results in an overall 7.3% increase in General Fund expenditures.
Financial or Budget Considerations:
This report is intended to provide budget to actual and comparative financial information for the
General Fund.
Options:
1. Accept the monthly budget report.
2.Do not accept the monthly budget report.
Recommendation / Action Requested:
Staff recommends that the City Council accept the monthly budget report.
Next Steps and Timeline:
The General Fund budget report for July 2018 will be prepared and distributed in August 2018.
Connection to Vision / Mission:
The review of periodic reporting of financial information is a component of sound financial
management.
General Fund
Revenues and Expenditures vs Budget
Through June 30, 2018
% Collected/ One Year
DescriptionBudgetPeriod AmtYTD Budget% ExpendedPrior Actual
General Fund Revenues
Taxes5,369,2452,300,0002,684,62342.8%1,853,400
Licenses & Permits245,155210,778122,57886.0%132,715
Intergovernmental91,25048,53745,62553.2%44,149
Charges for Service53,88529,12526,94354.1%42,344
Fines & Forfeits60,00029,37930,00049.0%28,880
Miscellaneous Revenues215,000132,858107,50061.8%126,765
Total General Fund Revenues6,034,5352,750,6773,017,26845.6%2,228,253
Other Financing Sources
Transfers In
25,00025,00012,500100.0%25,000
Total Revenues and Other Financing Sources6,059,5352,775,6773,029,76845.8%2,253,253
General Fund Expenditures
General Government
Council
Personal Services22,60011,08811,30049.1%11,088
Supplies2,0001,0591,00053.0%1,221
Other Services and Charges59,50027,00229,75045.4%27,211
Council84,10039,14942,05046.6%39,520
Administration
Personal Services382,474189,356191,23749.5%196,322
Supplies21,0007,68610,50036.6%10,651
Other Services and Charges43,55026,29321,77560.4%21,919
Administration447,024223,335223,51250.0%228,892
Elections
Personal Services14,70007,3500.0%0
Supplies4,10002,0500.0%0
Other Services and Charges3,17501,5880.0%0
Elections21,975010,9880.0%0
Finance
Personal Services62,98334,50031,49254.8%68,513
Supplies15,6007,8497,80050.3%7,362
Other Services and Charges93,90041,14246,95043.8%19,023
Finance172,48383,49186,24248.4%94,898
Professional Services
Other Services and Charges240,000131,051120,00054.6%117,901
Professional Services240,000131,051120,00054.6%117,901
Planning
Personal Services177,51195,67188,75653.9%133,209
Supplies450538225119.6%449
Other Services and Charges12,40027,1536,200219.0%16,752
Planning190,361123,36295,18164.8%150,410
General Fund
Revenues and Expenditures vs Budget
Through June 30, 2018
% Collected/ One Year
DescriptionBudgetPeriod AmtYTD Budget% ExpendedPrior Actual
Municipal Buildings
Supplies22,0003,90311,00017.7%3,423
Other Services and Charges185,600112,69092,80060.7%118,073
Municipal Buildings207,600116,593103,80056.2%121,496
Total General Government1,363,543716,981681,77252.6%753,117
Public Safety
Police Protection
Supplies000N/A0
Other Services and Charges1,237,133723,457618,56758.5%591,153
Capital Outlay212,797159,598106,39975.0%106,904
Police Protection1,449,930883,055724,96560.9%698,057
Fire Protection
Other Services and Charges353,998284,978176,99980.5%186,470
Capital Outlay271,955203,966135,97875.0%128,324
Fire Protection625,953488,944312,97778.1%314,794
Protective Inspections
Personal Services127,81369,57663,90754.4%67,036
Supplies000N/A0
Other Services and Charges16,4508,0268,22548.8%9,469
Protective Inspections144,26377,60272,13253.8%76,505
Total Public Safety2,220,1461,449,6011,110,07365.3%1,089,356
City Engineer
Other Services and Charges89,50022,86844,75025.6%17,988
City Engineer89,50022,86844,75025.6%17,988
Public Works Service
Personal Services622,997208,732311,49933.5%170,902
Supplies156,50061,56978,25039.3%30,272
Other Services and Charges240,30055,445120,15023.1%52,120
Public Works Service1,019,797325,746509,89931.9%253,294
Ice & Snow Removal
Personal Services73,93060,42236,96581.7%14,034
Supplies40,00030,36620,00075.9%13,712
Ice & Snow Removal113,93090,78856,96579.7%27,746
Total Public Works1,223,227439,402611,61435.9%299,028
Parks and Recreation
Park Maintenance
Personal Services128,43284,04464,21665.4%69,458
Supplies23,5006,43911,75027.4%6,075
Other Services and Charges45,00012,52622,50027.8%11,607
Park Maintenance196,932103,00998,46652.3%87,140
General Fund
Revenues and Expenditures vs Budget
Through June 30, 2018
% Collected/ One Year
DescriptionBudgetPeriod AmtYTD Budget% ExpendedPrior Actual
Recreation
Personal Services44,28917,37922,14539.2%19,545
Supplies7,7003,0263,85039.3%2,517
Other Services and Charges13,9006,3896,95046.0%6,626
Recreation65,88926,79432,94540.7%28,688
Total Parks and Recreation262,821129,803131,41149.4%115,828
Total General Fund Expenditures5,069,7372,735,7872,534,86954.0%2,257,329
Other Financing Uses
Transfers Out - Southshore Center - Building38,00038,00019,000100.0%0
Transfers Out - Southshore Center - Operations70,00070,00035,000100.0%95,000
Transfers Out - EDA Debt City Hall93,89593,89546,948100.0%102,913
Transfers Out - Equipment Replacement135,000135,00067,500100.0%120,000
Transfers Out - Street Improvements785,000785,000392,500100.0%1,245,000
Transfers Out - Park Capital42,00042,00021,000100.0%242,000
Total Other Financing Uses1,163,8951,163,895581,948100.0%1,804,913
Total Expenditures and Other Financing Uses6,233,6323,899,6823,116,81662.6%4,062,242
General Fund, Net(174,097)(1,124,005)(87,049)(1,808,989)
645.6%
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Excelsior Fire District
Serving the Communities of
Deephaven — Excelsior — Greenwood — Shorewood — Tonka Bay
24100 Smithtown Road
Shorewood, MN. 55331
952 -401 -8801 Phone
952- 960 4690 Fax
July 9, 2013
Troy Stottler
23620 Smithtown Road
Shorewood, MN. 55331
Dear Mr. Stottler,
I am in receipt of your letter dated July 4, 2013 I have reviewed the letter
Deephaven City Administrator Dana Young. Based on the information and met with the for
believe your request to be a planning and zoning based complaint. Theree in the letter, I fore, the Excelsior Fire
District will not be taking any further action on your letter as this time.
Sincere y,
zcott M. Gerber
Fire Chief
cc: Kellie Murphy- Ringate, Fire Inspector
Dana Young, Deephaven City Administrator
October 19, 2011
Troy Stottler
23620 Smithtown Road
Excelsior, MN 55331
Dear Mr. Troy Stottler:
.DEEPI -HAVEN
The purpose of my letter is to respond to your letter dated September 29, 2011 in which you listed
several concerns regarding the safety of your children due to the alleged operation of a Motorcycle
Repair Shop by Charles and Jylan Johnson at 18145 Hummingbird Road, Deephaven. Excelsior Fire
Chief Scott Gerber, Fire Inspector Kellie Murphy- Ringate, Deephaven Police Chief Cory Johnson,
Zoning Coordinator Gus Karpas and I met on October 7`h and decided to conduct a joint inspection of
the Johnson residence to determine whether:
1. There was any evidence that the Johnson's are operating a Motorcycle Repair Shop in violation
of the City of Deephaven's Home Occupation Ordinance.
2. There was any evidence in the Johnson's residence of a public safety hazard that would
endanger children or the general public.
3. There was evidence in the Johnson's residence of any violation of the State Fire Code.
Following the joint inspection of the Johnson, residence conducted on October 1,9th, I,have attached the
following comments from Zoning- Coordinator Gus Karpas, Police Chief Cory.Johnson, and Fire Chief
Scott Gerber and Fire Inspector Kellie Murphy- Ringate for your review.
Inspection Report from Zoniney Coordinator Gus Karpas
I visited the property of Chuck Johnson at 18145 Hummingbird Road today with members of the
Deephaven Police Department and Excelsior Fire District. The visit was in response to a compliant the
city received from Troy Stottler about the operation of an illegal home occupation being conducted on
the site.
Mr. Johnson permitted me access to his home and garage. I saw a number of motorcycles, around 12
to 15, varying in age and condition. I noted a number of the bikes either did not have license plates or
the plates were expired. I also noted at least a third of the bikes were not in the condition to ride,
meaning they looked as though they were being rebuilt. Mr. Johnson indicated that he owned all the
bikes on the premises and I have no reason not to believe him. I also noted a large number of parts
neatly stored in the garage. My assumption is that they were used in his hobby or sold to outside
buyers. It was established- over a year ago that the sales of parts is not a violation of the home
occupation ordinance..; Mr. Johnson, said.he no longer sells parts as he did in the;past and that they are.
used for his ,personal n'otorcycies. I saw nothing on site to drndicate:a business is being =run on the
property, and even it there is one, it did not appear to violate city ordinaees.
City Offices: 20225 Cottagewood Road, Deephaven, Minnesota 55331 (952) 474 -4755 FaX (952) 474 -1274
i�spection Report frown. Police Chief Cory Johnson
On October 19, 2011, Fire Chief Scott Gerber, City Zoning Coordinator Gus Karpas and I inspected
the Johnson property at IS 145 Hummingbird Road in Deephaven. I saw nothing that indicated a
Public Safety hazard or hazard to the Public.
The interior of the house is kept clean and neat. The garage has several motorcycles, machines and
tools all owned by the homeowner. The homeowner has many tools and equipment that are used
to repair motorcycles. I saw nothing in the garage that would constitute a Public Safety Hazard. Many
of the items in this garage are similar to items commonly found in other residential garages around
Deephaven. The only exception being Mr. Johnson has some specialty tools for working on his
motorcycles.
Inspection Report from Fire Chief Scott Gerber and Fire Inspector Nellie Murphy Rinaate
On Wednesday, October 19, 2011 Fire Inspector Kellie Murphy- Ringate and Fire Chief Scott Gerber
attended an inspection at the Johnson residence — located at 18 145 Hwa mingbird. Road in Deephaven.
The purpose of the inspection was to follow -up on concerns about the property from Mr. Troy Stottler.
EFD was to focus on fire and. life safety concerns. Overall the home was found to be in good fire and
life safety condition.
The detail of the inspection from a fire and life safety perspective is noted below:
Home Fire Safety Inspection
1. Replace any surge protectors that are more than 2 years old. Advised to purchase surge
protectors with a warranty and /or purchase heavy duty surge protectors that last longer than the
less expensive surge protectors.
2. The fire extinguishers in the lower garage should be replaced. Advise to purchase CO
extinguishers to use on fires in engines and an ABC fire extinguisher to use on other types of
fires. Advised on locations to mount the fire extinguishers.
3. Remove /recycle expired fire extinguishers.
4. Replace ashtrays with ashtrays that have center islands.
5. Place a knockout plug in the junction box in the basement storage area under the steps.
6. Smoke alarms should be replaced every 10 years. Most smoke alarms in the home have already
been replaced. Advised to purchase smoke alarms with a 10 year lithium battery.
Advisement: CO detectors should be replaced according to manufactures instructions.
Safeties
1. CO detectors were present and operational
2. Smoke alarms present and in working order
3. Storage is neat and orderly
4. No signs of carless smoking
5. Furnace, dryers, and other appliances inspected and /or serviced in the last 12 months
6. Service contracts on gas fueled appliances are in place
7. Extension cords and adapters removed during inspection — no signs of any problems
S. Flammables kept in approved flammable cabinet in garage
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9. No growth or brush around air conditioner unit or gas meter
10. No combustible storage around gas fueled appliances
11. Address is on the mail box and the front of the house has clear legible numbers that
can be seen from the street.
In conclusion, there is no evidence from the inspection, or from similar complaints received from
neighboring residents that would support your claim that a Motorcycle Repair Shop is operating at
18145 Hummingbird Road. In addition, there is also no evidence to suggest that there is any public
safety hazard to either your children or the general public due to an unsafe condition at this residence.
Instead, the inspection revealed a very clean and well -kept house and garage occupied by an individual
whose apparent hobby is the repair of older motorcycles. In point of fact, even if Mr. Johnson chose to
sell these motorcycles once they are rebuilt, this would not be considered a violation of the City's
Home Occupation Ordinance.
I hope this addresses your concerns on this matter. It certainly addresses any concerns that we might
have had and we consider this matter closed.
If you have any specific questions, you can contact Police Chief Cory Johnson at 952- 474 -7555,
Zoning Coordinator Gus Karpas at 952- 474 -4755, or Fire Chief Scott Gerber at 952 - 960 -1650.
Sincerely,
Z : -f/ 1/� �
Dana H. Young
City Administrator
cc: Police Chief Cory Johnson
cc: Zoning Coordinator Gus Karpas
cc: Fire Chief Scott Gerber
cc: Fire Inspector Kellie Murphy - Ringate
cc: Charles and Jylan Johnson
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