051208 CC WS MinCITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, MAY 12, 2008
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
6:00 P.M.
Acting Mayor Turgeon called the meeting to order at 6:01 P.M.
A. Roll Call
Present. Acting Mayor Turgeon; Councilmembers Bailey, Wellens and Woodruff; Acting
Administrator/Director of Public Works Brown; Finance Director Burton; Planning
Director Nielsen; and Engineer Landini
Absent: Mayor Lizee
B. Review Agenda
Wellens moved, Woodruff seconded, Approving the Agenda as presented. Motion passed 4/0.
2. DEBT FINANCING OPTIONS FOR CITY HALL IMPROVEMENTS -PRESENTED BY
PAUL DONNA, NORTHLAND SECURITIES
Director Burton stated Council requested awork-session be held to learn about the debt financing options
available for the City Hall renovation. She then introduced the City's bond consultant Paul Donna, Senior
Vice President for Northland Securities, Inc., who was present to discuss the options available.
Mr. Donna stated there were three bond financing options available to the City for the City Hall
renovation; 1) General Obligation (referendum) Bonds; 2) Lease Purchase Revenue Bonds; and 3)
General Obligation Capital Improvement Plan Bonds.
With regard to General Obligation (referendum) Bonds, he explained the City had the authority to issue
this type of bonds which were backed by the full faith and credit of the City and would require a special
election if this method was used. If a minimum of 51 % of the voters was favor, the City would have the
ability to issue the bonds. The bonds would be subject to the City's statutory debt limit, which was
currently approximately $16 million.
General Obligation Capital Improvement Plan Bonds are based on a 2003 Minnesota program that allows
statutory cities to establish a capital improvement plan and issue this type of bonds for certain
improvements. The bonds are subject to the City's statutory debt limit. A capital improvement plan for
the City Hall renovation would have to be developed, and it would have to be approved after holding a
public hearing. The City would be subject to a 30-day petition period. The issuance of bonds would only
be subject to a referendum if the City received a petition calling for a referendum on the issuance of the
bonds signed by a number of residents equal to 5 percent of the votes cast in the City's last general
election, and submitted to the City within thirty days of the public hearing.
Lease Purchase Revenue Bonds, could be issued by the City itself or through an authority of the City
(e.g. the Economic Development Authority). The bonds would be subject to the City's statutory debt
CITY OF SHOREWOOD l~VORK SESSION MEETING MINUTES
May 12, 2008
Page 2 of 9
limit. The process for issuing this type of bond would be similar to the process used to issue debt for the
Public Safety Facilities. The EDA would issue the debt and lease City Hall to the City for lease payments
equal to the debt service payments. This type of financing would not require a referendum. If the City
wanted to levy taxes outside of levy limits to make the lease payments, these type of bonds would have to
be issued by another governmental agency such as the EDA; a governmental agency was considered
outside the levy limits pursuant to State Statute.
He explained for General Obligation Bonds a levy was certified up-front for the entire term of the bonds.
Bond holders and buyers consider these type of bonds the safest investment they could make with a city.
For Lease Purchase Revenue Bonds, the appropriation of funds from a city's General Fund for the lease
payments is done on an annual basis; the City would reserve the right to non-appropriate at any time and
therefore these bonds could be considered a less secure investment. A Lease Purchase Revenue Bond
currently yields approximately a 0.15% - 0.25% higher interest rates than a General Obligation Bond.
Mr. Donna stated the financing process would take approximately 90 days to complete the closing of the
bond issuance. He commented he had responded to many inquiries recently regarding the municipal
market; people expressed concern about some municipal bond insurers failing or having their ratings
downgraded. He stated bonds rated AA or better (the City had a AA rating) and bank qualified, which the
issued bonds would be, hadn't been impacted by the market. He noted a 20-year issue for a general
obligation bond would have an interest rate of less than 4 percent.
In response to a question from Co~mcihnember Woodruff regarding investing the Liquor Fund, Mr.
Donna stated the City would have to go out 4 - 5 years to exceed the 4 percent range. In response to
another question with regard to the EDA leasing the City Hall back to the City, Mr. Donna stated if the
improvements could be identified distinctly then only those items would be leased back otherwise the
entire building would be the asset that would be leased.
In response to a question from Councihnember Bailey, Mr. Dom1a stated in similar situations he had been
involved with where a facility was not a very large tax capacity of the City other city councils generally
chose the lease purchase revenue bond option for financing. The reasons were mainly to keep the project
from being stopped. In response to another question, Mr. Dom~a stated if the City did a direct lease with a
trustee the debt service payments would be within levy limits.
In response to a question from Councihnember Bailey, Acting Administrator Brown stated the 90-day
window to issue debt for financing the renovation project would not be an issue with regard to making
the first construction payment.
In response to a question from Councihnember Woodruff, Director Burton stated if a construction
payment was due before the bonds were issued the City could "cash-flow" the payments from another
city fund.
Councihnember Wellens questioned what the impact would be on the type and cost of financing if the
City chose to use some of the Liquor Fund or funds from the sale of the City owned house. Mr. Donna
explained typically when the amount of financing needed was not more than $500,000 it was generally
more cost effective to work directly with a specific bank or other institution; those institutions were only
interested in fixed-rate bonds with a maturity date of 10 years or less. He stated he had been involved
with many $500,000 issues withal 5 - 20 year maturity on the open market. He offered to run different
scenarios using different financing amounts if that was what the Council wanted.
Councihnember Wellens stated he was leaning toward the General Obligation Capital hnprovement Plan
Bonds primarily because it would provide the residents an opportunity to stop the renovation project if
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
May 12, 200$
Page 3 of 9
they did not want it. He thought that risk was a good risk; it would make Council accountable to the
residents. He would prefer to do that then dodge a referendumn; he would rather 6e subject to the will of
the residents in that regard.
In response to a question from Acting Mayor Turgeon, Mr. Donna explained the rate for the bonds issued
for the crossover bond refunding for the Public Safety Facilities was slightly less then the rate for
General Obligation bonds. He noted the Bond Buyer h~dex was historically low when that refinancing
was done.
Director Burton requested Council provide Staff with direction with regard to financing the City Hall
renovation project. She noted the process for issuing bonds could be stopped at any time prior to the
actual issuance of the bonds at no cost to the City. Acting Administrator Brown stated it would be
beneficial if Council would identify its preference in financing options. Councihnember Bailey stated it
was important for Council to decide on the size of the bond issuance, which would require Council to
determine how much of the Liquor Fund would be used to fiord the renovation effort. Burton stated the
amount of the bond issue would be contingent on the cost of the renovation effort. She suggested Mr.
Donna address how to defease or buy down bonds in the future.
Councilmember Woodruff stated the renovation construction could be started before all the financing
was secured because of the City's financial state. Woodruff also stated there could be value in allowing
the residents an opportunity to state they did not want to fiord the renovation. He indicated it would be
problematic if construction had already started.
Acting Mayor Turgeon stated the residents had already been provided an opportunity to comment on the
project at the public hearing for the conditional use permit for the City Hall renovation and at the
information open house held about renovation. She liked the option of issuing the bonds through the
EDA.
Councihnember Bailey stated from his vantage point General Obligation Capital Improvement Plan
Bonds were the worst option. That process would allow a minimum number of residents (5 percent of the
number of voters in the last general election) to call for a referendum which could stop the project. He
was not in favor of a referendum; the public had been provided an opportunity to comment on the project
at the public hearing for the conditional use permit for the City Hall renovation.
Councilmember Woodruff stated if there was a referendum it would be in November 2008, and that
would delay the project to 2009 and that the public had been provided an opportunity to provide input on
the project. He commented he had not received any comment about the project, either positive or
negative.
Woodruff suggested Mr. Donna prepare scenarios fora $500,000 bond issue, a $750,000 bond issue and
a $1 million bond issue, and address the options for paying the bonds down early. Councilmember Bailey
stated the issuance cost for the three amounts would roughly be the same.
Councilmember Wellens stated the risk of a petition calling for a referendum would be virtually zero, and
the General Obligation Capital Improvement Plan Bonds had a lower interest rate. He questioned how
much the City wanted to spend for the security of ensuring no one could stop the project.
Councilmember Bailey commented the debt service for Lease Purchase Revenue Bonds would be
approximately $40,000 more than for General Obligation Bonds.
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May 12, 2008
Page 4 of 9
Councilmember Woodruff stated the General Obligation Capital Improvement Plan Bond financing
option would require more work than the other financing option. He noted he liked the option of the
Lease Purchase Revenue Bonds, and the only additional meeting required for that option would be to
authorize the issuance. He commented the bonds could be constructed so they could be paid off early.
Councilmember Bailey, Acting Mayor Turgeon, and Councilmember Woodruff stated they favored the
Lease Purchase Revenue Bonds option. CoLUlcilmember Wellens stated he could support that option even
though it may look bad to the public.
Mr. Donna stated the next step in the bond issuance process would be for him to prepare a more detailed
analysis of what the bond structure would look like, including costs involved. He would also prepare a
draft calendar of events.
Councilmember Bailey requested an analysis of a bond structure for $500,000 on the public market, and
then the costs if a lesser debt amount done through a bank. Mr. Donna clarified if the debt was issued for
longer then ten years it should still be done on the public market; the costs would be a 1ligher percent of
the total issue for a smaller issue amount. He explained at the next meeting the necessary paper work
would be available for CoLmcil to authorize initial action on the option of choice. A second meeting
would be required where the final terms would be presented for consideration. He stated he would need
approximately four weeks between the initial authorization meeting and the final approval meeting.
Director Burton questioned if it would be more valuable to know renovation costs prior to Mr. Donna
returning for a meeting with Council. Councilmember Bailey stated if the margin of error on the estimate
renovation costs was 10 percent then waiting for bid amounts was not necessary; if it was anticipated it
could be more than that it maybe worthwhile to wait for the bid amounts.
Councilmember Woodruff stated the current cost estimate was about $925,000 which did not include
landscaping, and the total cost could likely be $1 to $1.1 million.
Mr. Donna suggested at the next meeting where initial action would be authorized, Co~mcil could
approve anot-to-exceed amount. He explained all of the bond and lease documents would be available
for approval at that same meeting. He stated the City would then be prepared to go to market but not until
it received the construction bids.
3. DISCUSSION REGARDING WARD SYSTEM
Director Nielsen stated the purpose of the ward election system discussion was not intended to go into
depth about whether or not the City should have a ward system; it was to talk about the timing for having
that discussion. He explained if Council wanted to have an at-large election system in place for the 2008
general election, then a public hearing would have to be held on June 9, 2008, and Council would have to
take action on abolishing the ward system and going to an at-large system that same day. Polling places
must be identified and submitted to the County by June 11, 2008. He noted the deadline could possibly
be May 27, 2008. He explained the City had to notice a public hearing in the City's official paper ten
days in advance of the hearing and it took one week to get the notice into the City's official paper.
Nielsen then stated the upcoming City-wide survey would provide a great way to hear from residents
about the ward system. The survey feedback on the topic would be valuable when considering any
change to the election system. To hurry the decision to be done by June 9, 2008, did not seem like very
good policy. He clarified there had not been any specific direction to make a change in the election
system in time to have it in effect for the 2008 general election. He explained the resident who requested
CITY OF SIIOREWOOD WORK SESSION MEETING MINUTES
May 12, 2008
Page 5 of 9
Council reconsider the value of the ward system had hoped it could happen in time, but he was Linder the
impression that the City had until the filing date in August 2008 to make any change.
Nielsen said it was up to Council to decide if it wanted to meet the June 9`'' date or wait to discuss the
topic until after the survey results were available.
Councilmember Wellens stated it was his understanding that the process could not be started and stopped
at a later date.
Acting Mayor Turgeon stated the City could hold a public hearing on June 9`~', but it did not mean
Council would have to take action on changing the election system that evening.
Director Nielsen explained if Council thought it may want to take action on June 9`~', a resolution and
ordinance amendment would have to be prepared by then. Councilmember Woodruff said he would like
that to be done.
Councilmember Bailey asked if the public hearing was a prelude to making a decision or was it just to
hold a public hearing.
Councilmember Woodruff stated the public hearing could be held, and after discussion .Council could
decide to drop the idea of changing the election system or it could decide to abolish the ward system and
go to an at-large system. He explained if a public hearing was not scheduled for June 9`~ a change in
election systems would not be in effect until the 2010 general election, if there was any change approved.
Councilmember Bailey stated he agreed the survey would be a good way to provide residents with the
opportunity to convey their thoughts about the ward system. He said the only people who comment at
public hearings are those energized about the topic; even if someone has a very strong opinion they often
don't make it to the public hearing. It would concern him to hold a public hearing and make a decision
immediately after that. He had no problem holding a public hearing to hear some of the issues, but he
would be uncomfortable rushing a decision to change the system. He noted he was not a proponent of the
ward system; and that a number of years ago when the election system was changed to a ward system
there was a lot of civic involvement. Afast-track approach would not allow for that same level of
involvement.
Acting Mayor Turgeon questioned what new information would come from the survey; the issues had not
changed. She stated when the decision was made to go to the ward system there were 8 - 12 people who
attended the public hearing then. Councilmember Bailey stated at that time no one had experience with
the ward system and now they do; the City had not asked the residents what they thought of the ward
system once they had experience with it for two general elections. If residents were not in favor of the
ward system it would be a solid reason to return to the at-large system. Turgeon stated a little more than
three years ago a small number of residents requested Council reconsider the ward system; to delay a
decision again in order to get input from the residents via a survey, when a timetable had not been
established for conducting a survey, did not seem appropriate.
Councilmember Woodruff stated the public hearing could, at a minimum, be a facility for explaining the
experience with the ward system and getting it into the public record. The decision could be made at a
later date as to whether or not Council should wait for feedback from the survey before deciding to
possibly make a change.
There was consensus to schedule a public hearing for June 9, 2008, for the ward election system. There
was also consensus to have Staff prepare a resolution and amendment to the ordinance. There was
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
May 12, 2008.
Page 6 of 9
comment that even if the resolution and amendment were not needed that evening it might be needed in
two or four years.
4. CHRISTMAS LAKE SURFACE USE
Director Nielsen stated Acting Administrator Brown had been in discussions with residents on the north
end of Christmas Lake (adjacent to the Merry Lane public access) regarding the silting-in of their bay. He
explained the residents thought the silt problem was partially caused by the regular use of the public
access boat launch. When boaters power their boats onto trailers they often cause substantial disturbance
to the lake bottom, and the silt floats into that particular bay. The residents now have trouble navigating
the waters in front of their properties. The residents had a number of discussions with the Department of
Natural Resources (DNR) or the Minnehaha Creek Watershed District (MCWD) with the hope of either
of the agencies undertaking a dredging project. The residents have resigned themselves to applying for a
dredging permit themselves.
Nielsen stated the residents requested measures be taken to prevent the silting problem from recurring,
before they spent money on dredging. One of the ideas discussed was the possibility of a "no wake zone"
in the vicinity of the launch area, possibly including the entire bay. The residents thought such a
restriction would keep boaters from powering their boats onto trailers. He explained the process for
designating an area a "no wake zone" had to be initiated at the local level; the City had to make a request
to the DNR. Staff had contacted the DNR who indicated it would send information detailing the process
that must be followed. At this time Staff was asking for direction from Council on 11ow to handle the
request.
Acting Administrator Brown stated the DNR and Hennepin County Water Patrol occasionally patrol
Chrishnas Lake. Therefore, regular enforcement of the "no wake restriction" could be difficult. The
MCWD had been heavily involved in discussions about a dredging permit. He related the MCWD
indicated if its Board approved the permit, the MCWD would prefer something be done to keep the
silting-in problem from recurring.
Councilmember Woodruff stated he empathized with the residents and questioned if there was evidence
that powering boats onto trailers was the cause of the problem. Director Nielsen said the process would
explore if that were the sole culprit or if there were other contributing factors. He related the MCWD did
think that could have an effect, and reducing that activity could help mitigate the situation.
Councilmember Woodruff stated he was concerned about enforcement. He then stated most boaters
would probably adhere to the "no wake zone" restriction, but he had never seen a restriction on how to
put a boat onto a trailer at a launch. He expressed concern about the ability to educate boaters on not
powering boats onto their trailers.
Councilmember Wellens suggested a truck load of gravel be dumped into the lake at the boat launch area
to bury the silt to keep it from being churned.
Councilmember Woodruff stated one solution, although expensive, would be to redevelop the launch
area and make a concrete ramp 20 - 40 feet out into the lake. He did not think the "no wake" restriction
would solve the problem.
Acting Administrator Brown commented that Staff had operated under the premise that everything below
the water level was the responsibility of the DNR, and everything above the water level was the
responsibility of the City. In this situation the DNR was not taking that position.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
May 12, 2008
Page 7 of 9
Woodruff moved, Bailey seconded, recessing the meeting to a Regular Meeting at 6:58 P.M.
Acting Mayor Turgeon reconvened the meeting at 7:46 P.M.
Councihnember Bailey questioned if there was a downside to the restriction.
Director Nielsen stated there would have to be signage informing boaters they must winch their boats
onto their trailers and Councihnember Bailey suggested the City encourage the residents to educate
boaters at the launch on the ordinance.
Acting Administrator Brown stated Staff had taken some measurements at the launch area, and the results
indicated there was substantial depth at the boat access. It was past that area that the water depth was not
very great. He related the MCWD had stated the powering of boats on to trailers was a problem.
Director Nielsen stated Staff would solicit advice from the DNR and the MCWD regarding the
effectiveness of this approach.
There was Council consensus to direct Staff to initiate a study of the situation.
5. DRY HYDRANTS
Acting Administrator Brown explained in 1994 the City installed three dry hydrants to provide an
adequate water source for fire suppression ou Enchanted Island and Shady Island. The Mound Fire
Department performed test pumping on the hydrants annually. Prior to the MFD tests the City's Public
Works Department back flushed the hydrants to help clear debris from screen on the end of the intake
pipe, and to prevent silt from remaining on the intake section of the system. Public Works had been back
flushing more frequently based on feedback from the MFD regarding the amow~t of silt drawn in during
the trial rims. Although the flow capacity was adequate for fire suppression, the capacity had been
decreasing over the last few years. He noted the design of the dry hydrant system was not ideal, in part
because the DNR objected to any obstruction above the lake bottom at the time the hydrants were
installed.
Brown stated Staff recommended a feasibility study be conducted to determine reasonable solutions for
improving the quality and quantity of flow available for fire fighting operations.
Councihnember Woodruff stated this affects him personally, and he cited a situation a few years ago
where a wetland burned and the MFD did a quality job of responding to the sihiation. The MFD did not
use the hydrants because of the silt situation; instead it used tanker trucks to bring water to the scene. He
stated the location of hydrant system 3 was very shallow and the lake bottom was mucky.
Acting Administrator Brown stated the location of system 3 was not a good location. He explained when
the dry hydrants were installed the intent was to use them in conjunction with the tanker trucks. He stated
the feasibility study would explore what could be done with the intake pipes, from an economic
perspective. He stated since the time the City installed the hydrants, it appeared the DNR had allowed
hydrants to be installed well above the lake bottom. He noted that lengths of some of the intake pipes
were 700 - 800 feet long.
Councihnember Woodruff said he would like the Staff to research ways to Hake the dry hydrant systems
.more usable then they are now. He also stated the lack of hydrants could increase the cost of homeowners
insurance. Acting Administrator Brown stated the Insurance Services Office, Inc., was completing a
study for the areas the MFD services, and they were satisfied with the results of the hydrant tests.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
May 12, 2008
Page 8 of 9
Acting Administrator Brown stated all three hydrant systems had the same design problem, and he had
reported the design problems to the DNR.
6. OTHER
In response to a question from Councihnember Bailey, Director Burton stated the next discussion of the
investment policy would be scheduled for the Jmle 9"' Council work session.
Acting Administrator Brown stated the following topics were slated for the May 27; 2008, Council work
session: plans and specifications for the City Hall renovation project; the search for a City Administrator;
the pros and cons. of hiring a construction project manager for the renovation project; and the roadway
overlay request from the Boulder Bridge Farm Homeowners Association.
There was consensus to schedule a work session for June 2"d. Staff will identify topics for discussion at
that work session. Director Burton stated Mr. Donna will discuss bond financing for the City Hall
renovation at a June 9`-' meeting. Director Burton noted that budget discussions would begin the latter
part of June.
Councilmember Bailey stated in order to have a productive discussion about the use of the Liquor Fund it
was important for Staff to identify alternative uses and provide an analysis of the alternatives.
Councilmember Woodruff stated he would like to discuss Bber optics sometime in the next 6 - 8 weeks.
Councilmember Bailey stated that groups are more productive when they evaluate options, rather than
having too many possibilities, as is the case with many of the decisions before Council. Staff was best
suited to prepare options based on previous Council discussions, and it was important that Council come
to meetings prepared to bring closure to a topic. Acting Administrator Brown cautioned Council that for
each topic Council wanted to discuss Staff had to be provided with adequate tine to prepare for that
discussion.
Acting Mayor Turgeon suggested Staff prepare agendas that would result in meetings lasting until 9:30
P.M.
Councilmember Bailey stated he and Director Burton had discussed the possibility of a budget variance
report. He reviewed a sample he had prepared. The variance analysis would compare current -nonth
actual against budget; and would also compare current month actual against last year actual and identify
the variance. He stated if the budget were prepared with realistic monthly projections, the report would
be much more meaningful. The report was ahigh-level report that would identify significant variances,
relatively easily; and the report would be accompanied by a summary page explaining the major
variances. The same type of reporting could be done for Enterprise Funds. He asked if the report would
be of value to Councihnembers.
Councilmember Wellens stated Council had already asked the Finance Department to change budget
reporting to accommodate his requests and Councihnember Woodruffs requests for specific formats. He
would prefer the reports be more graphic in nature. He said Councilmember Bailey's report was yet
another variation. Wellens stated Colmcil should consider what formats future Councils may want to use.
Councilmember Woodruff stated the format was less important than the result. He also would like the
budget to be prepared with realistic monthly projections. He suggested the 2009 budget be prepared that
way. He also thought graphical reports were easy to understand.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
May I2, 2008
Page 9 of 9
Councilmember Bailey suggested no reporting changes be made before budget discussions. He stated
based on his experience the initial budget discussions focused on annual projections and when the budget
was agreed to, the detail budget could be prepared with realistic monthly projections.
Councilmember Wellens suggested Council be provided with the data electronically and then
Councilmembers could put it in the format they wanted. Director Burton stated it was important there
were standardized reports, and Councilmember Bailey's sample report was a good start.
7. ADJOURN
Wellens moved, Bailey seconded, Adjourning the City Council Work Session Meeting of May 12,
2008, at 8:27 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
~-
Lawrence A. Brown, Acting City Administrator/Clerk