10-23-17 CC Reg Mtg MinutesCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 23, 2017
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Zerby called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Attorney
Keane; City Administrator Lerud; City Clerk Thone; Interim Finance Director Rigdon;
Planning Director Darling; Director of Public Works Brown; and. City Engineer Fauske
Absent: None.
B. Review Agenda
Mayor Zerby stated he wanted to move Item 2.E on the agenda to Item 8.A under Engineering/Public
Works.
Mayor Zerby moved, Labadie seconded, approving the agenda as amended. Motion passed 510.
2. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Council Member SiakeI moved, Sundberg seconded, Approving the Motions Contained on the
Consent Agenda and Adopting the Resolution Therein.
A. City Council Work Session Minutes of October 9, 2017
B. City Council Regular Meeting Minutes of October 9, 2017
C. Approval of the Verified Claims List
D. Approving the Professional Services Agreement with WSB & Associates for the
proposed 2017 Inflow and Infiltration Abatement Project, City Project 17 -16.
E. Approve Change Order No. 1— 2017 Street Reclamation Improvement Project, City
Project 17 -13. (This was moved to Item 8.A on the agenda.)
F. Adopting RESOLUTION NO. 17 -088, "A Resolution Approving Change Order No.
1 for the Badger Park Phase 2 Improvement Project, City Project 17 -09."
Motion passed 510.
3. MATTERS FROM THE FLOOR
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October 23, 2017
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There were no matters from the floor presented.
4. PUBLIC HEARING
A. Rental Housing Code and Rental License Fee Amendments
Director Darling explained the proposed amendments to the City Code are to clarify language, update
Code references and mirror current staff practices when administering the rental code. Staff is proposing
two new regulations. One is adding language specific to revocation or denial of permits. The second is
adding language specific to when repainting would be required. Staff is also proposing an increase in the
three -year license fee to ensure the rental housing program is sustainable. The current three -year license
fee is $60 per dwelling. The proposal is to increase that three -year fee to $75 per dwelling for buildings
with one to five rental units. For dwellings with six or more units the fee would be $400 plus $10 per unit
up to a maximum of $750. The proposal also includes omitting the $10 per unit fee for buildings that are
not more than one year old.
Mayor Zerby opened the Public Testimony of the Public Hearing at 7:04 P.M. No public testimony was
heard and the mayor subsequently closed the Public Testimony of the Public Hearing at 7:05 P.M.
Mayor Zerby stated he thought the changes have been well thought out. He thanked people for their
efforts.
Council Member Siakel moved, Johnson seconded, Approving ORDINANCE NO. 5461 "An
Ordinance Amending the Shorewood City Code as it Pertains to Rental Licenses for the City of
Shorewood ", Approving the Publication of Ordinance No. 546 by Title and Summary, and
Adopting RESOLUTION NO. 17- 089, "A Resolution Approving Updated Fee Schedule Related to
Rental Housing Licenses." Motion passed 5/0.
6. PARKS
A. Report by Commissioner Vassar on the October 10, 2017, Park Commission
Meeting
Director Darling noted that Park Commissioner Vassar could not be present. Darling reported on matters
considered and actions taken during the October 10, 2017, Park Commission meeting (as detailed in the
minutes of that meeting).
Councilmember Labadie asked if there had been any discussion about having at least one piece of
adaptive play equipment for children with special needs in Badger Park. Director Darling stated that was
not specifically discussed noting that standard practice is to include at least a few pieces of adaptive
equipment in every design.
Mayor Zerby stated the meeting minutes referenced two grant opportunities with an application deadline
of November 3. He asked if staff is proceeding with those grant applications. Director Darling explained
that one of the grants would be through a playground manufacturer and the Park Commission does not
want to move forward with that manufacturer's equipment. The second grant opportunity is through the
Hennepin County Sports Facility. The City received a grant from the Facility for the new lacrosse field
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October 23, 2017
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and is therefore not eligible for another grant. There is a new grant the City could apply for through the
County starting in January 2018 and staff intends on doing that.
Zerby asked about the status of the proposed landscaping near the practice wall. Administrator Lerud
stated the contractor has escrowed money for the landscaping that has to be done. He thought the Park
Commission is supposed to come up with the design for the landscaping.
Director Brown explained there is a need to relocate the lighting control box at the Badger Park warming
house because the house is going to be demolished. To date the focus has been on placing it on the west
side of the practice wall along with two other boxes. Some of them would be placed there on a temporary
basis until the new shelter is built. After it is built the hope is to relocate them to inside of the shelter.
Mayor Zerby asked if the relocation of the electrical boxes was included in the plans. Brown responded
yes and clarified that the relocation spot was not known at that time. Zerby then asked if the method for
attaching the boxes on the wall would be temporary as well. Brown stated that area would be grouted
after the fact to match the stonework.
7. PLANNING
A. Zoning Ordinance Amendment — Administration of Appeals and Variances
Director Darling noted that this evening Council was being asked to consider amendments to the Zoning
Code which pertain to appeals and variances. She explained the current Code has combined those two
types of applications into one set of regulations. Staff drafted the amendments to separate the two
applications and processes.
She reviewed the definitions for the two types of applications.
An appeal is a request to the Planning Commission and City Council to review and overturn an
administrative interpretation of the zoning ordinances or an employee's decision or a denial of a permit.
Essentially, an appellant would be maintaining that an employee made an error when they interpreted the
ordinance and they would be seeking relief from the City Council. The current Ordinance requires that a
public hearing be held for an appeal and that all property owners within 500 feet of the appellant's
property be notified. Staff has proposed that all appeals come before the Planning Commission at a public
meeting rather than at a public hearing and that the owners of the adjacent properties not be notified.
What the appellant is asking for is clarification of the rules or relief from what they believe is a staff error.
The mailed notice would not be as effective as it is with, for example, variances and conditional use
permits (C.U.P.$) because the request for an appeal may be more wide spread than for just one specific
property. If an appeal is successful the appellant is returned to the correct process or activity and
notification is decided by the applicable process.
A variance is a request to allow a deviation in the application of the Zoning Ordinance as it applies to a
property because of some practical difficulty that exists on a specific property. Essentially, it allows the
applicant the ability to do something that the zoning regulations say is not permissible. The current
Ordinance requires that a public hearing be held and that all property owners within 500 feet of the
appellant's property be notified. Staff has proposed that variances come before the Planning Commission
at a public meeting rather than a public hearing and to continue to notify all property owners within 500
feet of the appellant's property. Staff has also proposed amendments to the criteria for reviewing a
variance and some alteration to the procedures.
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The most noticeable proposed change is to remove the requirement to hold a public hearing from the
review of either application. When the requirement to hold a public hearing was initially included in the
City's Ordinances it was an effective means to communicate public action. The difference between an
item reviewed at a public hearing and a public meeting is that there is a published notice for a hearing.
Today, more residents electronically subscribe to newspapers or they do not subscribe at all. Few
residents read the public notice sections in newspapers. Staff is more likely to receive calls or questions
about items posted for Council's review on the City's website or from agendas emailed to interested
residents. Staff thinks the most effective way of getting information out to residents is via the notice sent
to property owners. Staff believes the effectiveness of public notice is negligible.
The Planning Commission recommended a few changes to what staff proposed. One of its changes is to
require the Planning Commission to take public testimony during a public meeting for variances.
Darling noted that her staff reports states the City had received a letter from a resident expressing concern
about the amendments. She clarified that is not correct and no letter was received.
Councilmember Sundberg stated she had no problem with what has been proposed.
Councilmember Sundberg stated Section 1201.05 Subd.2.g refers to a decision of the Board. She asked
what Board that is. Director Darling clarified it is the Board of Zoning Appeals; a role that Council
fulfills.
Councilmember Johnson stated he thought the Planning Commission reviewed what staff had proposed in
detail. He noted that if the Commission had not suggested they be required to take public testimony, he
would have suggested the Council make that change.
Mayor Zerby asked if the 500 foot radius for resident notification is adequate because a minimum lot size
width is 100 feet. That would amount to only four to five houses within a circle being notified.
Councilmember Johnson noted that he had been told that 500 feet is standard. Director Darling stated that
increasing the notification radius for variances would make it different than the 500 feet required for
C.U.P.s and rezoning.
Councilmember Labadie asked if the 10 day requirement for mailings is consistent with other things in
the Zoning Code. Director Darling responded yes.
Councilmember Sundberg asked if the Planning Commission is comfortable with the 500 foot notification
requirement. Director Darling noted that had not been discussed. Siakel stated she did not have an issue
with 500 feet. Councilmember Johnson stated he thought if the impact was going to be great the
community tends to notify itself thereby increasing the 500 foot notification range.
Councilmember Sundberg suggested Council discuss the 500 foot notification requirement another time.
Councilmember Johnson suggested doing so in a work session.
Council Member Siakel moved, Labadie seconded, Approving ORDINANCE NO. 547, "An
Ordinance Amending the Shorewood City Code as it Pertains to Zoning Regulations for Variances
and Appeals" and Approving the Publication of Ordinance No. 547 by Title and Summary. Motion
passed 510.
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8. ENGINEERING/PUBLIC WORKS
A. Approve Change Order No. 1— 2017 Street Reclamation Improvement Project, City
Project 17 -13
This item was removed from the Consent Agenda at Mayor Zerby's request.
Mayor Zerby explained the staff memorandum for this item indicates some of the items included in the
2017 pavement Reclamation Project will be delayed to 2018. The delayed items include the reclamation
of Howards Point Road, Kathleen Court, Oak Ridge Circle and Summit Avenue. The project items that
are planned to be completed in 2017 include: the construction of concrete curb and gutter and the
installation of blinker stop signs at the Country Club Road and Lake Linden Drive intersections with
Yellowstone Trail; and, the replacement of a culvert between the wetlands and Eureka Road North and
the paving the raised gravel area of the roadway. An email sent out late that afternoon states the culvert at
the low point of Eureka Road North had collapsed and that the roadway was closed.
He reviewed the timeline of the project to date. During the February 24, 2017, Council and staff retreat a
question was raised about why the improvements to Eureka Road North were not a higher priority.
During its June 12 meeting Council accepted the feasibility report for the Project and authorized the
preparation of plans and specifications. During its July 24 meeting Council approved the nearly complete
plans and specifications and authorized the advertisement for bids for the Project. He noted he had issue
with the nearly complete part of that. The bids for the project were opened on August 31. Yet there is still
a race to get the Project done this fall.
He asked what could be done to make these types of projects work more smoothly. He stated some
residents have strongly questioned how Council could let the roadway be shut down when Council has
been hearing the roadway had issues for months. He asked Council how it could do better.
Director Brown stated the roadway closure was part of the Project; it was not an afterthought. He then
stated the culvert had deteriorated over time and that was determined during the design process. He went
on to state that staff had negotiated with the contractor for the Project that the items that were high
priority (i.e.; the curbs, the blinker stop signs, and Eureka Road) were to be done this year.
Mayor Zerby stated from his vantage point the situation is embarrassing to Council, it is unprofessional, it
is dangerous and it is just not right. He asked staff to help Council in making projects go forward without
this type of incident. He considered this to be a major issue.
Director Brown stated this is part of the project process. It was planned and it was part of construction. It
would not have happened any differently if the entire Project would have been done in 2017. Mayor
Zerby asked if the contractor as mobilized and on site. Brown stated the contractor is on site. Eureka Road
North was closed so that the pavement could be taken up that day.
Mayor Zerby stated he found the process to be confusing and frustrating and he would like to know what
Council can do to help make things work better.
Zerby stated the staff memo indicates the reclamation of Howards Point Road, Kathleen Court, Oak
Ridge Circle and Summit Avenue will be done by May 31, 2018. Director Brown explained the intent of
that completion date is to keep the rest of the project as a priority for the contractor next spring. The date
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was set assuming the roadway weight restrictions would come off by May 1. That gives the contractor
one month, albeit tight, to complete the work.
Zerby asked if delaying the reclamation aspects of the project will negatively impact completion of other
2018 roadway projects. Brown responded no; it should be possible to get them done.
Zerby then asked what the status is of the plans and specifications for 2018 roadway projects. Brown
stated that 2018 would be the "break year" and explained that Council and staff had discussed that the
stormwater management projects would become the primary driver of the Street Reconstruction Capital
Improvement Program (CIP). Staff has met with the Minnehaha Creek Watershed District (MCWD) and
will do so again this week regarding an overall plan for stormwater management improvements. There are
two roadway projects left in 2018 and those should be on track. Administrator Lerud stated there are four
roads scheduled for reconstruction in 2018 — Riviera Lane, Shorewood Lane, Maple Street and Mann
Lane. Lerud clarified that stormwater management improvements will start to drive the schedule for
roadway improvements in 2019.
Councilmember Labadie asked if the residents knew that Eureka Road was going to be closed in order to
make improvements. Director Brown stated advance orange warning signs saying the roadway would be
closed were put up on each side of the roadway at least three days in advance of the closure. Labadie
asked if the signs will remain up until the roadway work is complete. Brown responded yes.
Labadie cautioned against saying things are dangerous. She asked Brown if the City was putting its
residents in danger. Brown stated not that he was aware of.
Councilmember Siakel stated she was confused about what the problem is. There have been problems
with Eureka Road North since last spring. In the spring Council decided to include repairs to that section
of the road and the culvert replacement in with the 2017 Street Reclamation Project. She noted she lives
around the corner from Eureka Road. Its closure is no surprise to her. She clarified that she understood the
roadway needs work and that Council has committed to making the repairs.
Mayor Zerby stated issues with the roadway have been brought to Council's attention by residents a
number of times. And, the culvert is structurally deficient. Councilmember Siakel stated she is aware that
one resident has complained and noted the entire roadway needs to be repaired just like a number of other
roadways.
Councilmember Siakel stated she does not understand what Mayor Zerby wants staff to do while noting
she understands there is an issue. Zerby stated when people are aware there is an issue he wants, for
example, them to be responsive, to get the work done on time, to limit the impact on residents, to limit
road closures and its impact on public safety, school buses, and residents. He does not want projects to be
pushed until very late in the season. It is October 23 and there is already a warning of snow coming.
Councilmember Johnson noted snow is predicted for that evening and for October 27.
Mayor Zerby stated most of this Project is being pushed out until 2018 on top of other scheduled 2018
projects. That may result in other projects get compressed in the schedule and that can become
troublesome. He does not consider that proper management. Delaying the repair of the culvert until this
week is not safe particularly when it is known that it deteriorated to the point that it has to be propped up
with gravel and other materials
Administrator Lerud explained that during its September 25, 2017, meeting Council accepted a
professional services agreement for services to prepare an application for a grant through the Minnesota
Department of Transportation (MnDOT) Local Road Improvement Program for improvements along the
Country Club Road / Yellowstone Trail / Lake Linden Drive corridor. The meeting packet contains a
copy of a 90 percent complete application. The City has received a letter of support from the Three Rivers
Park District (TRPD) and it is waiting for a letter from the owner of the CUB Foods site Kraus Anderson.
He expressed confidence that the application will be ready to submit by the application deadline.
Council Member Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 17 -090, "A
Resolution Approving Application for 2017 Local Road Improvement Program Funding for the
Country Club Road Corridor Improvement Project."
Mayor Zerby thanked Administrator Lerud and staff for pursuing the grant.
Motion passed 510.
B. Termination Maintenance Agreement with Chanhassen and Cathcart Park
Administrator Lerud explained since 1993 there has been an agreement in place between Shorewood and
the City of Chanhassen outlining the responsibilities each City had with regard to maintenance of
Cathcart Park. Over time there has been differing opinions about which City is responsible for what
maintenance. Because Shorewood owns the Park, even though it is located in Chanhassen, staff believes
Shorewood should assume all responsibility for maintenance and capital improvements of the Park to a
level Shorewood residents are accustomed to. Termination of the agreement would be the first step
toward the detachment of the Park from Chanhassen and its annexation to Shorewood. He and Attorney
Keane are working on the detachment - attachment documents and they should be ready for Council's
consideration during November.
Councilmember Siakel asked if Chanhassen is receptive to the detachment - attachment idea. Administrator
Lerud stated he has not experienced any pushback on it and noted the termination of the maintenance
agreement has moved along smoothly. Sundberg asked if the termination process should be done before
the detachment- attachment effort is complete. Lerud stated the City is already doing the maintenance so
terminating the agreement is just formalizing what is already being done.
Councilmember Sundberg asked Director Brown if Public Works has enough staff to perform the work.
Brown stated it does.
Councilmember Labadie stated Shorewood has been doing the maintenance work for years.
Council Member Siakel moved, Labadie seconded, approving the Termination of the Joint
Agreement between the City of Chanhassen and the City of Shorewood regarding the maintenance
of Cathcart Park.
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Mayor Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 17- 0879 "A Resolution
Approving Change Order No. 1 for the 2017 Pavement Reclamation Project (Howards Point Road,
Kathleen Court, Oak Ridge Circle, and Summit Avenue), City Project 17 -13." Motion passed 5/0.
9. GENERAL/NEW BUSINESS
A. Local Road Improvement Grarnt Application
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Councilmember Johnson stated if the City believes Chanhassen has been remiss in its duties he asked if
that has caused damage. Administrator Lerud responded he did not think so.
Mayor Zerby stated he was pleased the City was bringing clarity to the situation.
Motion passed 510.
C. Proposed Natural Gas Franchise Ordinance and Fee Ordinance
Administrator Lerud explained that during the February 24, 2017, Council and staff retreat there was
discussion about how to fund street and stormwater improvement projects in the Capital Improvement
Program (CIP). Currently the City strictly uses the General Fund levy to fund street improvements. The
Stormwater Management Fund revenues are not sufficient to fiend a large project stormwater project. In
addition to the tax levy Council discussed assessments, transfers from enterprise funds, franchise fees or
some combination of them for funding future projects.
At that time there was Council consensus that franchise fees would be most equitable for a variety of
reasons. They would be a lower regularly paid amount versus bi- annual property tax payments. All
properties, not just taxable properties, would pay something toward the cost to maintain and improve
streets. Access to roads is equal.
He noted the meeting packet contained a copy of a draft natural gas franchise ordinance and franchise fee
ordinance that were sent to CenterPoint Energy for review and comment. The City received CenterPoint's
proposed revisions and the ordinances are closed to being finalized,
He clarified the ordinances were not up for approval that evening. The intent was to provide Council and
residents an opportunity to learn about and comment on them. Council will have another opportunity to
discuss them during its November 13 meeting. He stated they are out on the City's website and in the
newsletter.
He stated late in the day the City received an email from CenterPoint Energy indicating it agreed with the
revised franchise agreement. There are few differences when compared to the documents in the meeting
packet.
He noted there are 2866 natural gas accounts in the City with 97 percent of them being residential.
He stated staff took the debt service schedule for some, stormwater management improvements into
consideration when determining what the franchise fees need to be for both natural gas and electricity to
cover that debt service. He reviewed the monthly franchise fee rates proposed by staff for natural gas:
Residential — $4.00, Commercial A — $4.00, Commercial /Industrial — B $10.00, and
Commercial/Industrial — C $25.00. Based on the current meters for natural gas, those rates would generate
$11,893 per month.
Councilmember Sundberg thanked Administrator Lerud for his efforts. She stated she thought the
franchise fee approach is a very legitimate way to help pay for infrastructure needs and it is becoming
more commonly used. She noted her support for moving forward with franchise fees.
Councilmember Siakel expressed her support as well for moving forward with franchise fees
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October 23, 2017
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In response to a comment from Mayor Zerby, Administrator Lerud stated the City has looked at
comparable rates various other cities collect. Councilmember Johnson noted the fees proposed are in the
middle of what other cities collect.
In response to another comment from Zerby, Lerud stated there is a substantial amount of revision that
has to be made to the draft Xcel Energy electric franchise ordinance. Staff is looking to base the City's
ordinance on other cities' ordinances that Xcel has approved while ensuring the city's needs are met.
Attorney Keane explained that the City had initiated an update to the franchise agreement with Xcel
Energy back in 2007. At that time there were multiple rounds of negotiation. He anticipated that will
happen again this time around.
Mayor Zerby asked when the Xcel Energy agreement should be ready for review. Attorney Keane stated
by the end of the year.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Planning — Shorewood Landing Senior Living Parking Lot Update
Director Darling stated the parking lot for the Shorewood Landing Senior Living parking lot is scheduled
to be completed around November 1. Once both courses of asphalt have been put down then the
contractors for the Shorewood Landing project can park in the lot and quit parking on Chaska Road.
2. Monthly Budget Report
The meeting packet contained a copy of the September 2017 Monthly Budget Report.
Other
Director Brown provided an update on various things. Since the last Council meeting the watermain
breaks have been repaired. The annual leak survey has been completed; no leaks were found. The City
received a replacement speed awareness display sign on October 6. It is up and working on southbound
Country Club Road. The sign on the northbound side is not working and it may be sent back. Work
continues on the City Hall /Badger Park parking lot. Fall watermain flushing was completed the previous
week. Street sweeping was started the previous week.
Mayor Zerby stated the City received a letter from a resident living along Mill Street regarding the
placement of the flashing radar sign on the southbound side of the Street. Director Brown stated staff has
not forgotten about the need to do a speed study there. He noted he had requested a copy of the results of
Hennepin County's speed studies for that area. The City will have a speed study conducted once traffic is
somewhat back to normal on Mill Street. He anticipates that study will begin within the next week or two.
Administrator Lerud stated he would let the resident know the City's plans.
Engineer Fauske stated the fiber optic line near the Shorewood Landing Senior Living site should be
buried this week. The pole can then be removed and the boulevard restored.
Mayor Zerby asked for an update on Badger Park improvements. Engineer Fauske stated there will be a
meeting with the contractor on October 24. Staff meets with the contractor every other week. Through last
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week the contractor was tracking on schedule. The storm sewer work was scheduled to be completed on
October 19. The grading for the expansion will be worked on shortly. Director Brown stated earlier in the
day the contractor was working on some minor storm sewer items and that is near completion. He thought
the rain on October 21 set the contractor back some. He thought the project is close to on schedule.
B. Mayor and City Council
Councilmember Johnson stated he had reached out to a member of the Excelsior City Council via email
about eight days ago to open a dialogue about the Mill Street area but he had not heard back from them.
His plan is to try and connect with a different member of that Council.
Councilmember Labadie asked Administrator Lerud if he had heard back from Minnesota Representative
Cindy Pugh regarding any of the issues raised during Council's September 25 work session. Lerud noted
he sent her a letter on October 10 but lie has not heard back from her. Labadie commented she intended
on asking that same question during every Council regular meeting going forward.
Councilmember Sundberg stated she plans on attending a meeting on October 26 regarding the Hennepin
County Comprehensive Plan. Some of the meetings have been cancelled due to lack of attendance.
Mayor Zerby stated he attended a State of the Cities meeting on October 16 which was sponsored by the
Excelsior -Lake Minnetonka Chamber of Commerce. Five cities were represented. He represented
Shorewood. He thought there was good discussion and well received.
Zerby asked if staff had found an answer to what the impact of tax increment financing (TIF) for
development projects would be on Shorewood's share of the funding for the police and fire joint powers
organizations. For fire its funding formula is based solely on ad valorem. For police ad valorem is just
one part of the funding formula. Administrator Lerud stated for the Oppidan Shorewood Landing Senior
Living development there is no impact on the joint powers agreement (JPA) funding formula; it is
considered captured increment until the district expires rather than tax capacity for purposes of calculating
the contracts. For The Waters Senior Living project in Excelsior as part of the detachment- attachment
agreement Shorewood will receive 19 — 20 percent of the city property taxes paid during the life of the
TIF District. At the end of the TIF District Shorewood will receive 70 percent of the tax paid to the City
of Excelsior for the parcel the development is on. Based on the JPA formula 70 percent of the calls, 70
percent of the tax value and 70 percent of the population would accrue to Shorewood with the balance
going to Excelsior. There will be an impact but Shorewood should receive requisite income from that.
11. ADJOURN
Council Member Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting
of October 23, 2017, at 8:01 P.M. Motion passed 510.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
Sandie Thone, City Clerk
Sc, Zerby, ay r