06-14-21 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JUNE 14, 2021 7:00 P.M.
Due to the Centers for Disease Control's recommendation limiting the number of people present at a
meeting, and pursuant to MN Statute §13D.02, the Shorewood City Council meetings will be held by
electronic means. For those wishing to listen live to the meeting, please go to
ci.shorewood.mn.us/current_meeting for the meeting link. Contact the city at 952.960.7900 during
regular business hours with questions.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Labadie___
Siakel___
Johnson___
Callies___
Gorham___
B. Review and Adopt Agenda
Attachments
2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for adoption this evening
under a single motion. These items are considered routine and non-controversial. However, a council member may request that an
item be removed from the Consent Agenda for separate consideration or discussion. If there are any brief concerns or questions by
council, those can be answered now.
Motion to approve items on the Consent Agenda & Adopt Resolutions Therein:
A. City Council Regular Meeting Minutes of May 24, 2021 Minutes
B. Approval of the Verified Claims List Claims List
C. Band Shell Celebration Event Donation City Administrator Memo
D. Accept Proposal for Cleaning Exterior of East Director of Public Works Memo
Water Tower Resolution 21-061
E. Authorize Purchase of Public Works Equipment, Director of Public Works Memo
One Pickup Truck
F. 2021 Deer Management Program City Administrator Memo
3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item, which is not on
tonight's agenda, to the attention of the mayor and council. If you want to address the council, please use the raise your hand
feature. Once you are recognized, please identify yourself by your first and last name and your address for the record. After this
introduction, you will have three minutes to make your comments. All comments will be respectful. No action will be taken by the
council on this matter, but the mayor or council could request that staff place this matter on a future agenda. (No Council Action
will be taken)
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Tour de Tonka – Tim Litfin
6. PARKS
A. Report by Commissioner Hirner on 06-08-21 Park Commission Meeting Minutes
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
A. Approve Plans and Specifications for 2021 Lift Station Improvements, Engineer Memo
City Project 20-12 Resolution 21-062
B. Authorize Preparation of Feasibility Study for Birch Bluff Street and Engineer Memo
Utility Improvements, City Project 21-01 Resolution 21-063
9. GENERAL/NEW BUSINESS
A. Initiate Competitive Bond Sale Finance Director Memo
Resolution 21-064
B. Reimbursement Resolution Finance Director Memo
Resolution 21-065
C. Glen/Amlee/Manitou Water Connection City Administrator Memo
Resolution 21-066
D. SLMPD JPA Review City Administrator Memo
10. STAFF AND COUNCIL REPORTS
A. Staff
1. Council Member Meeting Participation City Administrator Memo
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, MAY 24, 2021 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Siakel, Callies, and Gorham; City
Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance
Director Rigdon; Planning Director Darling; Planning Technician Notermann;
Director of Public Works Brown; and, City Engineer Budde
Absent: None
B. Review Agenda
Callies moved, Gorham seconded, approving the agenda as presented.
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Councilmember Callies stated that she had a brief question regarding item 2G. She asked if there
had been consideration to going back to in person meetings in June and asked why the City would
wait until July.
City Administrator Lerud stated that Governor Walz had not changed the capacity restrictions with
his latest order at the time the declaration was prepared. He stated that with the spacing in the
chambers it would not be feasible to hold meetings there until more restrictions are lifted. He
noted that he believed all the restrictions will be lifted by July 1, 2021.
Councilmember Callies stated that if there are things that require more discussion, she would
suggest that the hold off on them until they can once again meet in person.
Johnson moved, Gorham seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Work Session Minutes of May 10, 2021
B. City Council Regular Meeting Minutes of May 10, 2021
C. Approval of the Verified Claims List
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
MAY 24, 2021
Page 2 of 7
D. Approve 2021 Data Practices Policies and Updates, Adopting RESOLUTION
NO. 21-052, “2021 Data Practices Policies.”
E. New Tobacco License for Cowboy Tobacco/Bakr Alkarkhi, Adopting
RESOLUTION NO. 21-053, “A Resolution Approving a License to Sell
Tobacco Products in the City of Shorewood to Cowboy Tobacco.”
F. Accept Resignation of Crisy Schmidt
G. Approve Mayor Declaration 21-03, Adopting RESOLUTION NO. 21-054, “A
Resolution Approving Mayor Declaration 21-03.”
H. Accept Quote for Lift Station Components
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
3. MATTERS FROM THE FLOOR
No one appeared before the Council.
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
6. PARKS
A. Report by Commissioner Tauer on May 11, 2021 Park Commission Meeting/Tour
Parks Commissioner Tauer gave an overview of the recent Park Commission meeting and tour
of Freeman and Cathcart parks, as reflected in the minutes.
7. PLANNING
A. Report by Commissioner Gault on May 4, 2021 Planning Commission Meeting
Planning Commissioner Gault gave an overview of the May 4, 2021 Planning Commission
meeting, as reflected in the minutes.
B. Approve Variance for 5565 Howards Point Road
Planning Technician Notermann gave an overview of the request for a variance at 5565 Howards
Point Road to add a three-season porch to the property She explained that a 50-foot setback is
required and they are proposing a 43-foot setback. She noted that the existing home was built in
1954 and parts of the home are as close at 28.7 feet to the property line which means the home
is considered legally non-conforming. She stated that the City received one letter from a neighbor
in favor of the request. Staff and Planning Commission recommended approval.
Mayor Labadie noted that this is her neighborhood and the letter that came in support of this
variance is from her next-door neighbor. She stated that she goes past the property every day
and feels the addition that is proposed would fit in with both the neighborhood and the property.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
MAY 24, 2021
Page 3 of 7
Councilmember Gorham stated that this is fairly consistent with how the Planning Commission
has ruled on these types of additions in the past. He stated that it is important to note that this is
on columns so they will not be increasing the hardcover on the property.
Johnson moved, Gorham seconded, to Approve the Request for a Variance at 5565
Howards Point Road, Adopting RESOLUTION NO. 21-055, “A Resolution Approving a
Variance to the Front Yard Setback for Property Located at 5565 Howard’s Point Road.”
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
C. Approve Site Plan Amendment for 19685 Highway 7
Planning Director Darling explained that the Minnetonka School District had recently purchased
this property and has proposed to remodel the building and site to accommodate a building for
older special needs students to help them acquire job and life skills in order to transition into a
more independent life. The majority of the changes are interior to the building except for three
exterior alterations: mill and overlay the parking lot; add a drop-off area on the west side of the
building; add a surmountable curb. Staff and Planning Commission recommend approval subject
to the conditions listed in the staff report. She noted that there is one typographical error in the
resolution that needs to be corrected and should read, “prior to the issuance of a building permit
for the project….”
Callies moved, Siakel seconded, to Adopt RESOLUTION NO. 21-056, “A Resolution
Approving a Site Plan Amendment for Property Located at 19685 Highway 7”, with the
amendment to the typographical error in the resolution as noted.
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
D. Approve Conditional Use Permit Amendment, Variance, and Site Plan
Amendment for 24245 Smithtown Road
Planning Director Darling explained that this request has been made by Reprise Design to rehab
the existing car wash. She stated that the proposal includes a CUP amendment to make two of
the bays automatic bays rather than manual, a variance to the required stacking and parking, and
a site plan amendment. She stated after the Planning Commission meeting the applicant
amended their proposal and withdrew their request for a variance to the stacking. The applicant
also has plans to have signs at the westerly access drive that no queuing would occur onto
Smithtown Road. They are proposing that the hours of operation be 6:00 a.m. to 12:00 p.m. She
stated that City Attorney Keane has requested that they included two conditions for long term
compliance to the noise regulations; that the dryers may only function with the doors closed; and
that the applicant must continue to operate the car wash consistent with the City’s noise standards
both now and in the future. She stated that variance that is still proposed is regarding providing
less parking than required. She explained that this fully automated car wash does not have
detailers or people towel drying vehicles and they are proposing to only have one stall for a
maintenance person on the north side of the building. She noted that staff and the Planning
Commission recommend approval subject to the conditions included in the report. She noted that
there is also one typographical error in the resolution that needs to be corrected and should read,
“prior to the issuance of a building permit for the project….”
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
MAY 24, 2021
Page 4 of 7
Councilmember Gorham asked for clarification on the logistics of the stacking. Planning Director
Darling gave an overview of the stacking and flow through the property and the circumstances
surrounding when the driveway opening on the west would be required to be removed.
Councilmember Gorham stated that the City is proposing to take a ‘wait and see’ approach with
the signage before requiring them to close the west access point. He asked how many complaints
it would take before the City required them to close the access. Planning Director Darling stated
that staff would have to document it based on the initial complaint and then staff would visit the
site at various times to see if they can verify that the problem is occurring.
Councilmember Gorham asked if closing the access would require a site plan amendment.
Planning Director Darling stated that it could be a discretionary amendment since it is a fairly
minor change.
Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 21-057, “A Resolution
Approving a Conditional Use Permit Amendment, Variance and Site Plan Amendment for
Property Located at 24245 Smithtown Road”, with the amendment to the typographical
error in the resolution as noted.
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
E. Approve Amendment to City Code Chapter 607.03 Regarding Fire Code
Requirements for Food Trucks
Planning Director Darling explained that the Excelsior Fire District has requested that the member
cities adopt regulations for the safe operation of food trucks and other mobile commercial
kitchens. She explained that this code would be enforced by the Fire Marshal and noted that this
was not reviewed by the Planning Commission because it is in Chapter 607 rather than in the
zoning or subdivision regulations, so it did not require for their review.
Councilmember Gorham asked if this effectively put food trucks under the jurisdiction of the Fire
Department. He asked, for example, if they could board a food truck and conduct an inspection.
Planning Director Darling stated that she believes they can do that, but the operators should be
getting their permits and work with the Fire Department before they actually set up operation.
Councilmember Gorham asked what type of permits they needed to obtain. Planning Director
Darling stated that they do not necessarily need a permit but they do have to adhere to the
standards and reviewed the standards included.
Councilmember Gorham asked if there would be required training for the use of propane tanks.
Planning Director Darling stated that would hope that they have training from somewhere but
does not think it is required in this amendment.
Gorham moved, Johnson seconded, Adopting ORDINANCE 578, “ An Ordinance
Approving an Amendment to Shorewood City Code Chapter 607.03 (Fire Code Optional
Chapters), AND, RESOLUTION NO. 21-060, “A Resolution Approving the Publication of
Ordinance 578 Regarding Fire Code Optional Chapters. ”
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
MAY 24, 2021
Page 5 of 7
8. ENGINEERING/PUBLIC WORKS
A. Accept Bids and Award Contract for 2021 Pavement Marking, City Project
21-04
City Engineer Budde noted that the City completes a pavement striping project annually on the
local roadways and parking lots. He stated that the City used epoxy paint last year and has found
that is holding up better than the latex. This year’s project is to restripe the areas that have used
the latex paint. He explained that quotes were solicited from three contractors, two were
submitted, and were opened on May 17, 2021 with the low bidder being Sir Lines-A-Lot. Staff
recommends approval.
Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-058, “A Resolution to
Award Contract for 2021 Pavement Marking Project, City Project 21-04.”
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
9. GENERAL/NEW BUSINESS
A. Approve Purchase of Land at 5520 Grant Lorenz Road
City Administrator Lerud stated that the owners of 5520 Grant Lorenz Road have contacted the
City over the last several years about the use/development ability of their property. He stated that
the property is located in a low area and the opportunity for development is extremely limited and
is listed on the Minnehaha Creek Watershed wetland inventory. City staff looked at this parcel
considering the Western Shorewood Stormwater study and future stormwater needs in the area.
Staff believes acquiring this site will help the City increase stormwater storage capacity and
mitigation as CIP projects are implemented. He explained that the County value for the property
is listed at $20,000 and staff has tentatively negotiated an agreement for $21,500.
Councilmember Callies asked what was envisioned for stormwater management and noted that
she does not see the connection between cleaning the water before it gets to Lake Minnetonka.
City Engineer Budde explained that the Grant Lorenz Channel comes in on the southeast corner
of the property and then exits the property on the west side and 2/3 of the parcel is low lying
wetland. He reiterated that this parcel shows up on the Minnehaha Creek Watershed District as
being a wetland. He stated that there are items that they can do as part of the future Grant Lorenz
project. He explained that the eastern 1/3 of the parcel is a bit higher but still not good enough
for development, so it could potentially be used as a staging area for the future projects for Grant
Lorenz Channel and Noble Road in a few years. He stated that the space also provides the
opportunity for constructing a stormwater basin next to the wetlands so water is treated from the
roadways before it goes into the wetlands.
Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 21-059, “A Resolution
Authorizing the Purchase of 5520 Grant Lorenz Road.”
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
10. STAFF AND COUNCIL REPORTS
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
MAY 24, 2021
Page 6 of 7
A. Administrator and Staff
Public Works Director Brown noted that the Public Works Department has completed the semi-
annual watermain flushing and are now moving onto patching the roadways and tree work.
City Engineer Budde stated that the Glen/Amlee/Manitou project is going as scheduled even with
the impact from the rain last week. He stated that the upcoming mill and overlay project will have
a pre-construction meeting late next week which should give him a better idea of the schedule.
He stated that he is hopeful that work will begin within three weeks to a month.
Planning Director Darling updated the Council on the permitting software and the application that
will be used for building permits soon, and should be ready for accepting permits in approximately
three weeks.
B. Mayor and City Council
Councilmember Siakel thanked staff for their work surrounding Clean-Up day. She noted that it
was well attended and well-staffed. She noted that she will not be able to attend the Badger Park
Open House, but she drove through and toured it the other day and complimented everyone for
their efforts because she felt that it really looks fantastic and is a huge improvement for the entire
campus.
Councilmember Johnson stated that at the last meeting he mentioned the boat that the Fire
District was looking to purchase that was contingent on placement of a dock at a fire lane in Tonka
Bay. The vote took place last week and was voted down, so the Fire District will have to start
looking at other options before the fire boat can be replaced.
Councilmember Callies asked about the liaison positions on the other Commissions and when
they change. Councilmember Siakel explained that Councilmember Callies would be off for six
months and then would rotate to the Parks Commission beginning in January. City Administrator
Lerud reviewed the appointments: July – December: Parks Commission – Councilmember
Gorham; Planning Commission – Councilmember Johnson.
Councilmember Gorham asked if there would be the opportunity to conduct hybrid meetings over
the summer as the Council transitions back into face-to-face meetings, for people who may be on
vacation but still want to participate. City Administrator Lerud stated that there will be a hybrid
component to the meetings and believes that there was legislation to allow for an expanded
opportunity to participate in meetings from a Council perspective. He stated that he will have to
research that issue and get an answer to the Council by the next meeting.
Mayor Labadie noted that last week was Public Works Appreciation Week and gave a shout out
to the Public Works crew because they do a great job. She noted that today, there was a
celebration of thirty-five years of serving the communities of Excelsior, Greenwood, Shorewood,
and Tonka Bay, for the SLMPD Lieutenant Steve Neuerer who is retiring.
11. ADJOURN
Gorham moved, Johnson seconded, Adjourning the City Council Regular Meeting of May
24, 2021, at 7:56 P.M.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
MAY 24, 2021
Page 7 of 7
Roll Call Vote: Johnson, Siakel, Callies, Gorham, and Labadie voted Aye. Motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
#2 B
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Verified Claims
Meeting Date: June 14, 2021
Prepared by: Michelle Nguyen, Senior Accountant
Greg Lerud, City Administrator
Joe Rigdon, Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
66827-66867 & ACH 610,733.75
Total Claims $610,733.75
We have also included a payroll summary for the payroll period ending May 23 & June 6, 2021.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents and funds are
budgeted and available for these purposes.
Options:
The City Council may accept the staff recommendation to pay these claims or may reject any
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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City of Shorewood Council Meeting Item
2C
Title/Subject:
Meeting Date: June 14, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Attachments: Donation Request Letter
Background: The city received a request from the group organizing an inaugural
celebration event for the new Excelsior band shell.
Financial or Budget Considerations: The request is for $1,000, but the city can
consider a smaller donation, or no donation at all.
Recommended Action: Staff recommends approval of the expenditure to support a
community event that is open to all Shorewood residents, provided it is stipulated that
no portion of the city’s contribution is used for alcoholic beverages. Staff further
recommends that the donation is made directly to the City of Excelsior as they are the
sponsor of the event.
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
---------- Forwarded message ----------
Dear Mayor Labadie,
First, we want to thank you for serving your city and our communities. There is no
closer nor more pure form of government than serving as Mayor of your local city.
We know as former Mayors, it is both rewarding and challenging, often within the
same meeting.
Our communities share not only zip codes, school district, shoreline and public
safety, but we also share the joy, beauty and use of public amenities…biking on the
trails systems, boating on Lake Minnetonka, and enjoying a picnic or concert on the
Commons.
Recognizing the historic and community significance of the Excelsior Commons,
several community-based groups have focused on the restoration and improvement
of the Commons for all our neighbors and visitors. Replacing the old bandshell is the
first phase in Excelsior’s commitment to a comprehensive repair and upgrade of the
166-year-old Commons’ facilities, a process that was initiated by Community for the
Commons in 2015. This undertaking required thousands of hours of listening,
studying, collaborating, designing and fundraising. Residents from the entire South
Lake area were involved.
On July 8, 2021 a new era will dawn on the Excelsior Commons with an inaugural
event,
A Fanfare for the Commons, commencing with a ribbon cutting ceremony for the
new Pavilion. The evening will hosted by the City of Excelsior and will be open to the
public. Food and picnic options will be offered along with some amazing live
music. While we couldn’t bring back the entire world famous Minnesota Orchestra
in this COVID-recovering year, we will have a concert consisting of three groups of
musicians from the Minnesota Orchestra. Playing in the new Pavilion will be The
Uptown Brass, a noted horn ensemble, followed by a string quartet also comprised
of musicians from the Minnesota Orchestra. Wrapping up the evening will be The
Charles Lazarus Group with sultry remakes of old favorites, fresh jazzy takes on
classics and perhaps a new tune or two all headed by Charles Lazarus from the
Minnesota Orchestra. There will be something to please everyone.
We are inviting you to participate as a sponsor, along with the host city of Excelsior,
in being part of this fabulous event, A Fanfare for the Commons, with a contribution
from Shorewood of $1000. At the Ovation Level of sponsorship, you will be listed on
the digital event program and the event website. Shorewood’s logo will also be
tagged and included in all social media posts.
In addition to the ribbon-cutting and concert, A VIP Wine Reception is being held
prior to the event to honor and thank our sponsors, patrons and elected officials. The
schedule of events will be forthcoming.
As members of the volunteer Fanfare For the Commons Committee and working to
bring this free concert to the Commons, we, along with the host city of Excelsior,
would be most honored if Shorewood would join us and become a Sponsor.
We thank you for your commitment and consideration.
Former Mayors,
Teri Haugland, City of Excelsior – teri@terihaugland.com
Lynn Johnson, City of Excelsior – lynnrjohn@aol.com
Woody Love, City of Shorewood – woody@woodylove.com
https://www.fanfareforthecommons.org
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21- 061
A RESOLUTION ACCEPTING PROPOSAL FOR
CLEANING OF THE EAST WATER TOWER LOCATED
AT 5500 OLD MARKET ROAD
WHEREAS, the City desires to have the exterior of the water tower located at 5500 Old
Market Road cleaned; and
WHEREAS, a proposal has been received from Water Tower Clean and Coat; and
WHEREAS, the Director of Public Works has reviewed said proposal and finds it to be
in order.
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereby accept the Proposal by Water Tower Clean and Coat in the amount of $5,750.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14 day of June,
2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2F
Title/Subject: 2021 Deer Management Program
Meeting Date: June 14, 2021
MEETING
Prepared by: Greg Lerud, City Administrator
TYPE
REGULAR
Policy Question: Should the City continue its Deer Management program for 2021 and set
dates for hunt weekends?
Background: At the December City Council meeting, the council received a summary of the
2020 hunt, during which 21 deer were harvested. The city indicated its willingness to be part of
the Three River’s Park District aerial survey scheduled, but Three Rivers did not conduct the
aerial survey this year. Staff has discussed this year’s program with representatives of the
MBRB and possible dates for this year’s removal efforts. MBRB proposes to reduce the number
of weekend hunts to three, with no rain dates. MBRB said this is the second year in a row with
a low harvest, and it may be an indication that the program is having the desired effect to
reduce the number of deer in the city. MBRB said they believe one fewer weekend and
reducing the number of sites and hunters will be more productive. The three weekend hunts
(Fridays thru Sundays – Friday hunts begin at 1:00 p.m.) are:
Oct. 14 – Mandatory hunter orientation
Oct. 15 – 17
Oct. 29 – 31
Nov. 12 – 14
No alternative dates for weather are proposed for 2021.
Financial or Budget Considerations: The MBRB provides its services free of charge. Staff
time and related mailing expenses are minimal.
Options: Approve the dates, change the dates, or cancel the removal effort.
Recommendation / Action Requested: Based on property owner requests for the
management service there remains strong interest in maintaining the program. Staff
recommends a motion to approve the 2021 deer management program. Simple majority is
required for approval.
Next Steps and Timeline: Representatives from MBRB and city staff will work with interested
property owners to select the sites best viewed to produce deer, with access agreements sent in
August to participating property owners.
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 SILVERWOOD PARK
PARK COMMISSION PARK TOURS SOUTH SHORE COMM. PARK
TUESDAY, JUNE 8, 2021 MANOR PARK
BADGER PARK
6:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION TOURS
Chair Hirner convened the park tour meeting at 6:08 p.m.
A. Roll Call
Present: Chair Hirner, Commissioners Schmid, Heinz; Planning Director
Darling; Public Works Director Brown; Park and Rec Director
Grout; City Administrator Lerud; Mayor Labadie; Councilmembers
Callies, and Gorham
Absent: Commissioner Gallivan and Tauer
2. PARK TOURS
Silverwood Park:
Park Chair Hirner went over the playground improvements that will be taking place and
mentioned that work on the playground area should be starting in mid-July.
Chair Hirner suggested that the turf trail extending north from Silverwood Park be added
to an upcoming agenda for the Park Commissioners to discuss its long-term planning of
this trail.
The dead trees by the pond were requested to be removed.
South Shore Community Park:
There was discussion regarding what amenities can be at this park besides the
community gardens. Pickleball was a suggestion along with a picnic shelter. Other
suggestions included adult exercise equipment, dog park, or a splash pad.
Concern about the noise was raised. Staff will check into the requirements for a noise
wall.
Manor Park:
The Park Commissioners noted satisfaction with the pond cleaning project.
Public Works Director Brown stated that they are planning repairs to the water spigots.
With the playground being ADA compliant it was suggested that staff research to see
what the radius of another park like this is and put something on the website.
PARK COMMISSION TOUR MINUTES
TUESDAY, June 8, 2021
PAGE 2 OF 2
Badger Park:
There was discussion as to what else needed to be done at this park. Park Director
Grout mentioned that the bleachers for the field should be arriving soon, but may not be
in place for the open house.
Public Works Director Brown mentioned that the restrooms should be open for the grand
opening.
Planning Director Darling mentioned that part of the trail had not been repaved as the
roots of the willows are coming in again. Re-paving is likely to occur this fall.
3. ADJOURN
Tours were completed at 7:33 pm.
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-062
A RESOLUTION APPROVING PLANS & SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT OF BIDDING FOR THE
LIFT STATIONS 7 AND 10 REHABILITATION PROJECT,
CITY PROJECT 20-12
WHEREAS, the City of Shorewood approved the 2020 Capital Improvement Plan which
includes the Lift Station 10, Lakeway Terrace, City Project 20-12; and
WHEREAS, the City of Shorewood approved the 2021 Capital Improvement Plan which
includes the Lift Station 7, Woodside Lane, City Project 20-12; and
WHEREAS, the proposed improvements will help to maintain and extend the longevity
of the sanitary sewer system; and
WHEREAS, combining the two city projects is in the best interest of the City; and
WHEREAS, the project will be funded through the Sanitary Fund, and
NOW THEREFORE, IT RESOLVED:
1. The City Council of the City of Shorewood hereby approves the Final Plans &
Specifications and authorizes bidding for the 2021 Lift Station 7 and 10
Rehabilitation project.
2. Bids shall be received and opened publicly on July 6, 2021, at 1:00 p.m.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14 day of June
2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-063
A RESOLUTION TO PREPARE FEASIBILITY STUDY FOR BIRCH BLUFF
IMPROVEMENTS PROJECT
CITY PROJECT 21-01
WHEREAS, the current Capital Improvement Plan (CIP) identifies Birch Bluff
Improvements project for construction in 2023 from Grant Lorenz Road to the Tonka
Bay city limits. The project includes full street reconstruction to the city standard of 28
feet wide with concrete curb & gutter, storm sewer, ponding, addition of watermain, a
segment of trail from Eureka Rd to Tonka Bay City limits, along with any necessary
repairs to the existing sanitary sewer; and
WHEREAS, the Birch Bluff Improvements expand and improve the city’s water
distribution system and fire protection, provide necessary improvements to the city
streets, and allow for opportunities to address and correct long term drainage issues;
and
WHEREAS, the City Council as appointed Bolton & Menk as the City Engineer and will
prepare the feasibility report and preliminary design for the Birch Bluff Improvements
project; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. The City Council of the City of Shorewood, Minnesota authorizes Bolton & Menk
to complete a feasibility study for the Birch Bluff Improvements project.
th
Passed by the City Council of Shorewood, Minnesota this 14 day of June, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
9A
Title/Subject: Initiating Competitive Bond Sale
Meeting Date: June 14, 2021
MEETING
Prepared By: Joe Rigdon, Finance Director
TYPE
REGULAR
Reviewed By: Greg Lerud, City Administrator
Attachments: Letter from Shannon Sweeney of David Drown Associates
Resolution
Background: The City Council held a public hearing and approved a five-year Street
Reconstruction Plan on May 11, 2020. A ten-year Capital Improvement plan was
approved on December 14, 2020.
The first year of the Street Reconstruction Plan was in 2020, and $7,500,000 bonds
were issued to finance various street and utility projects. For 2021, estimated projects
to be financed amount to $6,162,542, including:
Smithtown Pond Trail
Glen/Amlee/Manitou
Sweetwater Curve
2021 Mill & Overlay
The 2021 bond issue is proposed at $4,325,000. The difference of the project costs
versus the bond amount will come from remaining unspent proceeds of the 2020 bonds,
as well as a cash contribution from the city’s street fund.
Financial or Budget Considerations: Shannon Sweeney of David Drown Associates
will be at the council meeting to go through the process with the council. The bond
financing estimates are included at the end of his letter to the council.
Recommended Action: Staff recommends approval of a Resolution providing for the
competitive negotiated sale of $4,325,000 General Obligation Street Reconstruction and
Utility Revenue Bonds, series 2021A.
Next Steps and Timeline: If the authorization of the bond sale process is approved on
June 14, 2021, the awarding of the bond sale would be proposed for July 12, 2021. In
the interim, staff will have a rating call with Standard and Poors, who will issue a bond
rating in advance of the sale.
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
Cologne Office:
10555 Orchard Road
DDA
Cologne, MN 55322
David Drown Associates, Inc.
Phone: (952) 356-2992
shannon@daviddrown.com
Public Finance Advisors
June 7, 2021
City of Shorewood
Attn: Greg Lerud, City Administrator
Attn: Joe Rigdon, Finance Director
5755 Country Club Road
Shorewood, MN 55331
RE: 2021 Street & Utility Reconstruction Project
Honorable Mayor, Council Members, Administrator Lerud & Director Rigdon:
The City of Shorewood has previously adopted a 5-year Street Reconstruction Plan that includes projects
from the 10-year Capital Improvement Plan. A number of those projects were implemented in 2020 and
were financed through the issuance of General Obligation Street Reconstruction and Utility Revenue
Bonds issued by the City. Projects being initiated (and continued) in 2021 include the following along with
their estimated cost:
Project: Estimated Cost:
Smithtown Pond -Trail 154,500
Glen/Amlee/Manitou - Reconstruct 3,578,042
Sweetwater Curve - Water 270,000
2021 Mill/Overlay/Striping Projects 2,160,000
Total Estimated Cost: $6,162,542
If the Council determines that it is appropriate to initiate financing for the 2021 projects, our
recommendations for the structure and sale of bonds would include the following:
2021 Project Costs $6,162,541.85
Underwriting 43,250.00
Finance & Legal 31,250.00
Rating Fee 13,750.00
Capitalized Interest 16,030.29
TOTAL PROJECT COST: $6,266,822.14
The funding sources to be utilized to finance project costs are summarized below:
Proceeds from 2020A Bonds 1,580,278.95
Cash Contribution (Street Ineligible) 359,088.95
Construction Fund Earnings 2,454.24
TOTAL FUNDING SOURCES: $6,266,822.14
Payment and Revenue Requirements:
The City of Shorewood will be required to pledge a tax levy (authorized in the Street Reconstruction Plan),
water, storm sewer, and sanitary sewer system revenues for the repayment of this bond issue. Estimated
revenues needed to service this bond issue are projected on the attached preliminary debt service
schedule. Street reconstruction projects are proposed to be financed over a 12-year term, and utility
construction/reconstruction projects are proposed to be financed over a 20-year term.
If the Council chooses to finance the project as proposed, David Drown Associates, Inc. recommends the
following:
Approximately 20-year term on the project financing (12-years on street costs)
Bonds callable any time after 2/1/2028
Sale of bonds utilizing a competitive sales process.
Schedule and Issuance:
If determined to be appropriate to proceed, the proposed schedule would be as follows:
June 14, 2021 Authorize Sale Process
July 12, 2021 Award Sale of Bond Issue
July 28, 2021 Closing
Attached you will find a resolution initiating the bond sale process. We recommend that the City Council
approve this resolution if it is determined to be appropriate to proceed with the project financing as proposed.
Please feel free to contact me with any questions regarding the attached materials. Thank you for your time and
consideration.
Sincerely,
Shannon Sweeney
David Drown Associates, Inc.
TBD
TBD
8.1430
2/1/20222/1/2028
1.4381%1.3153%
6/14/20217/12/20217/28/20217/28/2021
12/31/2022
to Dated Date
Preliminary
506,490.79
Kutak Rock
4,281,750.00
Preliminary
M.S. 444 & 475
U.S. Bank, N.A.
Small Issuer Exemption
Cash Flow ~ Preliminary
Account Balances
Tax Exempt, Bank Qualified
- - - - - - - - - -
- - -
- - - - - - - -
Capitalized & accrued interest >16,030
(16,030) - - - - - - - - - -
- - - - - - - - - - -
3,275 26,493 26,413 28,540 28,407 28,251 28,073 27,872
27,649 27,404 27,137 26,847 26,535 28,429 28,037 27,620
27,179 26,714 26,224 27,937 27,349 552,385
333 2,691 2,683 2,899 2,886 2,870 2,852 2,831 2,809
2,784 2,757 2,727 2,695 2,888 2,848 2,806 2,761 2,714 2,664
2,838 2,778 56,111
Pledged Revenues
4,110 33,249 33,148 35,818 35,650 35,455 35,231 34,979 34,700
34,392 34,057 33,693 33,302 35,678 35,186 34,663
34,110 33,526 32,910 35,060 34,322 693,241
Bond Details PurchaserStatutory Authority
23,74866,99566,07165,09064,05062,95361,79865,83564,449
plus 5%CollectionTax WaterSanitary SewerStorm SewerSurplusAccount
373,795372,493376,115374,131377,066374,378376,604373,191374,687370,529371,275371,600
CoverageYearLevyRevenuesRevenuesRevenues(deficit)Balance
5,026,851
2022311,362 2023310,249 2024308,858 2025307,188 2026310,490 2027308,222 2028310,921 2029308,033
2030310,107 2031306,579 2032308,007 2033309,068 2034- 2035- 2036- 3,709,083
Dated Date Bond Counsel Pay Agent 2021- 2037- 2038- 2039- 2040- 2041-
-
Total
23,38163,80562,92561,99061,00059,95558,85562,70061,380
355,995354,755358,205356,315359,110356,550358,670355,420356,845352,885353,595353,905
Payment
4,788,241
4,686,543.19 4,325,000.00 4,686,543.19
Set Sale Date Sale Date Closing Date 1st Interest Payment Proceeds spent by:
Purchase Price Net Interest Cost Net Effective Rate Average Coupon Yield
Average Life Call Option Tax Status Continuing Disclosure Rebate
Payment Schedule
PrincipalRateInterest
4,325,000
- 0.30%23,381 0.40%45,995 0.50%44,755 0.60%43,205 0.70%41,315 0.80%39,110 0.90%36,550
1.00%33,670 1.10%30,420 1.20%26,845 1.30%22,885 1.40%18,595 1.50%13,905 1.60%8,805 1.70%7,925
1.80%6,990 1.90%6,000 2.00%4,955 2.10%3,855 2.20%2,700 2.30%1,380 463,241
g
2/1/2022-2/1/2023310,0002/1/2024310,0002/1/2025315,0002/1/2026315,0002/1/2027320,0002/1/2028320,0002/1/2029325,0002/1/2030325,0002/1/2031330,0002/1/2032330,0002/1/2033335,0002/1/2034340,0002/1/203555
,0002/1/203655,0002/1/203755,0002/1/203855,0002/1/203955,0002/1/204055,0002/1/204160,0002/1/204260,000
12-MonthInterest
7/28/2021-
eriod endin
City of Shorewood, Minnesota$4,325,000General Obligation Street Reconstruction & Utility Revenue Bonds, Series 2021A Uses of Funds Street Reconstruction3,200,537.85Utilitiy Construction
& Reconstruction1,022,636.10Street Reconstruction Ineligible Project Costs359,088.95 Total Project Costs4,582,262.90 Pay Agent/Registrar750.00
Underwriter's Discount Allowance1.000%43,250.00Unused Underwriter's Discount Allowance-Fiscal Fee20,000.00Bond Counsel9,000.00Printing & Misc1,500.00Rating Agency Fee13,750.00Capitalized
Interest16,030.29Accrued Interest-Rounding-Sources of Funds Bond IssueConstruction Fund Earnings2,454.24Cash Contribution for Ineligible Street Costs359,088.95 Payment Schedule & Cashflow
P
David Drown Associates, Inc.
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF SHOREWOOD, MINNESOTA
HELD: June 14, 2021
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Shorewood,
th
Hennepin County, Minnesota, was duly held at the City Hall in said City on the 14 day of June, 2021,
beginning at 7:00 o'clock p.m. for the purpose, in part, of authorizing the competitive negotiated sale of
the $4,325,000 General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2021A, of
said City.
The following Council members were present:
and the following were absent:
Councilmember __________ introduced the following resolution and moved its adoption:
RESOLUTION 2021-064
PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF
$4,325,000 GENERAL OBLIGATION STREET RECONSTRUCTION AND UTILITY REVENUE BONDS,
SERIES 2021A
A. WHEREAS, the City Council of the City of Shorewood, Minnesota (the "City"),
has heretofore determined that it is necessary and expedient to issue the City's $4,325,000 General
Obligation Street Reconstruction and Utility Revenue Bonds, Series 2021A (the "Bonds") to provide
financing for the 2021 Street Reconstruction and Utility Projects as outlined in the City’s 10-year Capital
Improvement Plan and 5-year Street Reconstruction Plan;
B. WHEREAS, the City has retained David Drown Associates, Inc., in Minneapolis,
Minnesota ("David Drown"), as its independent municipal advisor for the Bonds and is therefore
authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes,
Section 475.60, Subdivision 2(9):
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood,
Minnesota, as follows:
1. Authorization. The Council hereby authorizes David Drown to solicit bids for the
competitive negotiated sale of the Bonds.
2. Meeting; Bid Opening. The Council shall meet at the time and place specified in
the Terms of Offering attached hereto as Exhibit A for the purpose of considering sealed bids for, and
awarding the sale of, the Bonds. The City Administrator, or designee, shall open bids at the time and
place specified in such Terms of Offering.
3. Terms of Offering. The terms and conditions of the Bonds and the negotiation
thereof are fully set forth in the "Terms of Offering" attached hereto as Exhibit A and hereby approved and
made a part hereof.
4. Official Statement. In connection with said competitive negotiated sale, the
officers or employees of the City are hereby authorized to cooperate with David Drown and participate in
the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City
upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember ___________ and, after full discussion thereof and upon a vote being taken thereon, the
following Council members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
th
Approved this 14 day of June, 2021.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF SHOREWOOD )
I, the undersigned, being the duly qualified and City Administrator of the City of
Shorewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract
of minutes with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date
therein indicated, insofar as such minutes relate to the City's $4,325,000 General Obligation Street
Reconstruction and Utility Revenue Bonds, Series 2021A.
th
WITNESS my hand as such City Administrator of the City this 14 day of June 2021.
__________________________________
Greg Lerud
City Administrator
EXHIBIT A
TERMS OF OFFERING
City of Shorewood, Minnesota
$4,325,000
General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2021A
(BOOK ENTRY ONLY)
TERMS OF PROPOSAL
Proposals for the Bonds will be received on Monday, July 12, 2021 at 11:00 A.M. Central Time, at the
offices of David Drown Associates, Inc., 5029 Upton Avenue South, Minneapolis, Minnesota, after which
time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council
at 7:00 P.M., Central Time, on that same date.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (612) 605-2375 to David Drown Associates,
Inc. Signed Proposals, without final price or coupons, may be submitted to David Drown Associates, Inc.
prior to the time of sale. The bidder shall be responsible for submitting to David Drown Associates, Inc. the
final Proposal price and coupons, by telephone (612) 920-3320 or fax (612) 605-2375 for inclusion in the
submitted Proposal. David Drown Associates, Inc. will assume no liability for the inability of the bidder to
reach David Drown Associates, Inc. prior to the time of sale specified above.
®
Notice is hereby given that electronic proposals will be received via PARITY, in the manner described
®
below, until 12:00 NOON, Central Time on July 12, 2021. Bids may be submitted electronically via PARITY
pursuant to this Notice until 12:00 NOON, Central Time, but no bid will be received after the time for
®
receiving bids specified above. To the extent any instructions or directions set forth in PARITYconflict
®
with this Notice, the terms of this Notice shall control. For further information about PARITY, potential
®
bidders may contact David Drown Associates, Inc. or PARITY at (212) 806-8304.
Neither the City of Shorewood nor David Drown Associates, Inc. assumes any liability if there is a
malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract
between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated July 28, 2021, as the date of original issue, and will bear interest payable on
February 1 and August 1 of each year, commencing February 1, 2022. Interest will be computed on the
basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and
amounts as follows:
Year Amount Year Amount
2023 $ 310,000 2033 $ 335,000
2024 310,000 2034 340,000
2025 315,000 2035 55,000
2026 315,000 2036 55,000
2027 320,000 2037 55,000
2028 320,000 2038 55,000
2029 325,000 2039 55,000
2030 325,000 2040 55,000
2031 330,000 2041 60,000
2032 330,000 2042 60,000
MATURITY ADJUSTMENTS
The City reserves the right to increase or decrease the principal amount of the Bonds on the day of sale, in
increments of $5,000 each. Increases or decreases may be made in any maturity. If any principal amounts
are adjusted, the purchase price proposed will be adjusted to maintain the same gross spread per $1,000.
TERM BOND OPTION
Bids for the bonds may contain a maturity schedule providing for a combination of serial bonds and term
bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the
maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order
to designate term bonds, the bid must specify as provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to
the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate
principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as
nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities
depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000
or any multiple thereof of a single maturity through book entries made on the books and records of DTC
and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered
owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will
be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a
condition of delivery of the Bonds, will be required to deposit the Bonds with DTC.
REGISTRAR
The City will name U.S. Bank, National Association., Minneapolis, MN, as registrar for the Bonds. U.S.
Bank. shall be subject to applicable SEC regulations. The City will pay for the services of the registrar.
OPTIONAL REDEMPTION
The City may elect on February 1, 2028 and on any day thereafter, to prepay Bonds due on or after February
1, 2029. Redemption may be in whole or in part and if in part at the option of the City and in such manner
as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify
DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot the
beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par
plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and
power to levy direct general ad valorem taxes. The City will also pledge revenues from the City water,
sanitary sewer and storm sewer utilities. The proceeds will be used to finance the 2021 Street
Reconstruction and Utility Projects as outlined in the City’s 10-year Capital Improvement Plan and 5-year
Street Reconstruction Plan.
TYPE OF PROPOSALS
Proposals shall be for not less than $4,281,750.00 (99.0%) and accrued interest on the total principal
amount of the Bonds. The apparent low-bidder as notified by David Drown Associates, Inc. shall wire, to a
designated account, a good faith amount of $86,500 by 3:00 P.M., Central Time on the date of sale. If the
good faith wire transfer is not in process prior to the award, the City shall retain the right to reject the bid.
Exhibit A - 2
In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the
City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the
meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date
without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%.
Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the
Bonds to the date of maturity. No conditional proposals will be accepted.
AWARD
The proposals will be evaluated on the basis of the lowest interest rate to be determined on a net interest
cost (NIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary
practice, will be controlling. The City will reserve the right to waive non-substantive informalities of any
proposal or of matters relating to the receipt of proposals and award of the Bonds, reject all proposals
without cause, and reject any proposal, which the City determines to have failed to comply with the terms
herein.
ISSUE PRICE DETERMINATION
In order to provide the City with information necessary for compliance with Section 148 of the Internal
Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder (collectively,
the “Code”), the Purchaser will be required to assist the City in establishing the issue price of the Bonds
and shall complete, execute, and deliver to the City prior to the closing date, a written certification in a form
acceptable to the Purchaser, the City, and Bond Counsel (the “Issue Price Certificate”) containing the
following for each maturity of the Bonds (and, if different interest rates apply within a maturity, to each
separate CUSIP number within that maturity): (i) the interest rate; (ii) the reasonably expected initial
offering price to the “public” (as said term is defined in Treasury Regulation Section 1.148-1(f) (the
“Regulation”)) or the sale price; and (iii) pricing wires or equivalent communications supporting such offering
or sale price. However, such Issue Price Certificate may indicate that the Purchaser has purchased the
Bonds for its own account in a capacity other than as an underwriter or wholesaler, and currently has no
intent to reoffer the Bonds for sale to the public. Any action to be taken or documentation to be received
by the City pursuant hereto may be taken or received on behalf of the City by David Drown Associates, Inc.
The City intends that the sale of the Bonds pursuant to this Terms of Offering shall constitute a “competitive
sale” as defined in the Regulation based on the following:
i. the City shall cause this Terms of Offering to be disseminated to potential bidders in a manner
that is reasonably designed to reach potential bidders;
ii. all bidders shall have an equal opportunity to submit a bid;
iii. the City reasonably expects that it will receive bids from at least three bidders that have
established industry reputations for underwriting municipal bonds such as the Bonds; and
iv. the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal with
the lowest net interest cost, as set forth in this Terms of Offering (See “AWARD” herein).
Any bid submitted pursuant to this Terms of Offering shall be considered a firm offer for the purchase of the
Bonds, as specified in the proposal. The Purchaser shall constitute an “underwriter” as said term is defined
in the Regulation. By submitting its proposal, the Purchaser confirms that it shall require any agreement
among underwriters, a selling group agreement, or other agreement to which it is a party relating to the
initial sale of the Bonds, to include provisions requiring compliance with the provisions of the Code and the
Regulation regarding the initial sale of the Bonds.
If all requirements of a “competitive sale” are not satisfied, the City shall advise the Purchaser of such fact
prior to the time of award of the sale of the Bonds to the Purchaser. In such event, any proposal
submitted will not be subject to cancellation or withdrawal. Within twenty-four (24) hours of the notice
of award of the sale of the Bonds, the Purchaser shall advise the City and David Drown Associates, Inc. if
a “substantial amount” (as defined in the Regulation) of any maturity of the Bonds (and, if different interest
Exhibit A - 3
rates apply within a maturity, to each separate CUSIP number within that maturity) has been sold to the
public and the price at which such substantial amount was sold. The City will treat such sale price as the
“issue price” for such maturity, applied on a maturity-by-maturity basis. The City will not require the
Purchaser to comply with that portion of the Regulation commonly described as the “hold-the-offering-price”
requirement for the remaining maturities, but the Purchaser may elect such option. If the Purchaser
exercises such option, the City will apply the initial offering price to the public provided in the proposal as
the issue price for such maturities. If the Purchaser does not exercise that option, it shall thereafter promptly
provide the City and David Drown Associates, Inc. the prices at which a substantial amount of such
maturities are sold to the public; provided such determination shall be made and the City and David Drown
Associates, Inc. notified of such prices not later than three (3) business days prior to the closing date.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the
option of the underwriter, the purchase of any such insurance policy or the issuance of any such
commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs
of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except
that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay
that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the
municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not
constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but
neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause
for failure or refusal by the purchaser to accept delivery of the Bonds. The purchaser shall pay the CUSIP
Service Bureau charge for the assignment of CUSIP identification numbers.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser
at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the
purchaser of an approving legal opinion of bond counsel, and of customary closing papers, including a no-
litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or
equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon,
Central Time. Except as compliance with the terms of payment for the Bonds shall have been made
impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered
by the City by reason of the purchaser's non-compliance with said terms for payment.
FULL CONTINUING DISCLOSURE
On the date of the actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing
Disclosure Undertaking where under the City will covenant to provide, or cause to be provided annual
financial information, including audited financial statements of the City, and notices of certain material
events, as specified in and required by SEC Rule 15c2-12(b)(5). A description of the City’s undertaking is
set forth in the Official Statement.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information relative to
the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of
Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any
additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the
City, David Drown Associates, Inc., 5029 Upton Avenue South, Minneapolis, Minnesota 55410, and
telephone (612) 920-3320.
Exhibit A - 4
The Official Statement, when further supplemented by an addendum or addenda specifying the maturity
dates, principal amounts and interest rates of the Bonds, together with any other information required by
law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined
in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal
therefor, the City agrees that, no more than seven business days after the date of such award, it shall
provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded
25 copies of the Official Statement and the addendum or addenda described above. The City designates
the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes
of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter
delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City
(i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating
Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of
the Final Official Statement.
Dated June 14, 2021 BY ORDER OF THE CITY COUNCIL
/s/ Greg Lerud
City Administrator
Exhibit A - 5
City of Shorewood Council Meeting Item
9B
Title/Subject: Reimbursement Resolution
Meeting Date: June 14, 2021
MEETING
Prepared By: Joe Rigdon, Finance Director
TYPE
REGULAR
Attachments: Letter from Shannon Sweeney of David Drown Associates;
Resolution
Background: Reimbursement resolutions allow one or more city funds to loan money
to a capital projects fund or enterprise fund for capital costs, and to require
reimbursement to the original fund(s). For the 2021 street and utility projects, it is
advisable that the city have a reimbursement Resolution approved. The Resolution will
allow the city to reimburse itself with tax exempt bond proceeds for project expenses
that the city has already paid for, as well as provide flexibility for financing as there will
be multiple projects financed through a single bond issue.
Recommended Action: Staff recommends approval of a Resolution Declaring the
Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the
Proceeds of Bonds to be Issued 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
Cologne Office:
10555 Orchard Road
DDA
Cologne, MN 55322
David Drown Associates, Inc.
(952) 356-2992
shannon@daviddrown.com
Public Finance Advisors
June 9, 2021
City of Shorewood
Attn: Greg Lerud, City Administrator
5755 Country Club Road
Shorewood, MN 55331
RE: Reimbursement Resolution - Street & Utility Reconstruction Projects
Honorable Mayor, Council Members, and Administrator Lerud:
The City of Shorewood is in the process of implementing several street and utility reconstruction
projects in 2021. As some or all of those projects may be funded through the issuance of tax
exempt bonds, it would be our recommendation for the City Council to adopt a reimbursement
resolution which preserves the City’s ability to reimburse project costs from the proceeds of tax
exempt bonds.
A reimbursement resolution is required to reimburse capital costs from tax exempt bond
proceeds if the bonds are issued more than 60 days after the capital cost has been incurred. As
the implementation timeline varies for several of the 2021 Projects, it would be appropriate to
adopt a reimbursement resolution to preserve flexibility for the implementation of project
financing.
Enclosed for City Council consideration is a resolution declaring the City’s intent to reimburse
project costs from the proceeds of tax exempt bonds. The resolution does not obligate the City
to issue bonds but preserves the City’s ability to coordinate financing for multiple projects.
Please feel free to contact me if I can be of any assistance in answering questions regarding the
information provided.
Sincerely,
Shannon Sweeney, Associate
David Drown Associates, Inc.
CITY OF SHOREWOOD, MINNESOTA
RESOLUTION NO. 21-065
DECLARING THE OFFICIAL INTENT OF THE
CITY OF SHOREWOOD TO REIMBURSE
CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2
(the “Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures that may be financed temporarily
from sources other than bonds, and reimbursed from the proceeds of a tax-exempt bond;
WHEREAS, the City has determined to make this declaration of official intent (the
“Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD AS FOLLOWS:
1. The City proposes to undertake the following projects (the “Projects”).
Glen/Amlee/Manitou 2021 Street & Utility Reconstruction Project
Sweetwater Curve Water Project
Smithtown Pond Trail Project
2021 Mill/Overlay/Striping Project
2. The City reasonably expects to reimburse the expenditures made for certain costs of
the Projects from the proceeds of bonds in an estimated maximum principal amount of $4,325,000.
All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other
expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement
Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to the proceeds of
bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount
not in excess of the lesser of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary
expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue
or issues that finance or are reasonably expected by the City to finance the project for which the
preliminary expenditures were incurred. The term “preliminary expenditures” includes
architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to
commencement of acquisition, construction or rehabilitation of a project, other than land
acquisition, site preparation, and similar costs incident to commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the City based
on the facts and circumstances known to the City as of the date hereof. The anticipated original
expenditures for the Project and the principal amount of the bonds described in paragraph 2 are
consistent with the City’s budgetary and financial circumstances. No sources other than
proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved,
allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial
policies to pay such Project expenditures.
5. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
(The remainder of this page is intentionally left blank.)
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Approved by the City Council of the City of SHOREWOOD this ______ day of ________,
2021.
CITY OF SHOREWOOD, MINNESOTA
Attest: Mayor
City Administrator
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City of Shorewood Council Meeting Item
9C
Title/Subject: Water Access Charge Glen/Amlee/Manitou
Meeting Date: June 14, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Reviewed By: Joe Rigdon, Finance Director; Larry Brown, Director of
Public Works
Policy Question: Should the City allow Water Access Charges (WAC) for new water
connections on Glen Road, Amlee Road, Manitou Lane to be assessed over a period of
years?
Background: The Glen/Amlee/Manitou street reconstruction project has started, and
the city has received requests for water service connection information. The city’s
present WAC is $10,000, which is typically paid in a lump sum where there is new
development. Following projects in 2018 and 2020, the City Council permitted the WAC
to be assessed for residents in those reconstruction areas. As a result, 12 connections
were made on Riviera and 10 residents connected on Woodside, and the city continues
to receive calls to connect.
Financial or Budget Considerations: WACs are included in the water fund during the
budget preparation process. While it is desirable to have the connection paid in full
immediately, it is also desirable for the long-term health of the water fund, that as many
connections as possible are made. If assessed, the WAC is ultimately collected to the
benefit of the water fund, and staff believes that the ability to pay the charge over a
period of time will encourage additional connections.
Options: 1. Require WACs be collected in full at time of connection.
2. Allow the WAC to be assessed, for a term and interest rate that the
council determines.
Recommended Action: In 2020, the city council approved allowing the WAC charges
to be paid over a period of time, and staff recommends offering the same ability and
terms to the residents on Glen, Amlee, and Manitou. Staff recommends the council
approve allowing the WAC charge to be assessed over a period not to exceed five
years and at an interest rate of five (5) percent. A condition of the assessment is a
requirement that the residents sign an assessment waiver agreement. Passage of the
Resolution by simple majority is required to approve.
Next Steps and Timeline: If the council allows the WAC to be paid by assessment,
staff will advise the residents on those streets.
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
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-066
A RESOLUTION ALLOWING NEW WATER CUSTOMERS ON GLEN ROAD, AMLEE
ROAD, AND MANITOU LANE THE OPTION TO ASSESS THE WATER ACCESS
CHARGE
WHEREAS, the City of Shorewood is installing water on Glen Road, Amlee Road, and
Manitou Lane; and
WHEREAS, the current Water Access Charge (WAC) is $10,000,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. Those residents along these three streets who connect to city water by June 1, 2022
are eligible to have the WAC collected in the form of a special assessment against the
property.
2. The term of the assessment shall be no longer than five years and have an annual
interest rate of 5.0%
3. As a condition of allowing the WAC to be paid through a special assessment, the
property owner requesting payment via assessment will be required to sign an
assessment agreement, which will be recorded against the property.
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Adopted by the City Council of Shorewood, Minnesota this 14 day of June, 2021.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
9D
Title/Subject: South Lake Minnetonka Police JPA
Meeting Date: June 14, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Attachments: Red-lined JPA
Background: The South Lake Minnetonka Police Joint Powers Agreement expires in
2023, and the four cities have started the process of negotiating a new agreement. To
that end, the operating committee made up of the representatives from Excelsior,
Greenwood, Shorewood, and Tonka Bay have compiled the JPA and its amendments
into one document to reflect the changes that have been made over the years.
In the next step, the operating committee worked through technical or language
changes that are more reflective of current contract language, we well as adding
recommended language that was not included in the original JPA or approved
amendments, such as specifying the duties of the operating committee, and developing
a process for adding additional entities to the JPA, should that happen in the future.
These changes are being presented to the city councils of the four cities to get their
initial comments on the proposed changes. The discussion at this meeting is to not
formally approve the redlined copy, but rather provide comment or approval that these
proposed changes can continue to move forward in the new JPA. The operating
committee rationale was to reach consensus among the four cities on these relatively
modest, though numerous, updates first so the Coordinating Committee and operating
committee can begin to discuss more involved aspects of the JPA such as the funding
formula.
Any and all changes to the JPA, including these, will come back to the city council at a
future meeting in a final draft for their formal approval.
Financial or Budget Considerations: None.
Options: Preliminary approval of the modifications, suggest additional changes,
request the operating committee clarify any of the changes.
Recommended Action: Staff recommends approval of the revised document as
presented. Approval is not final approval of the new JPA but gives the operating
committee and Coordinating Committee assurance that the initial review of the
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
proposed changes are generally acceptable so the two Committees can begin working
on more difficult questions.
Next Steps and Timeline: Both Committees will continue to negotiate the terms of a
new JPA, with the intention of having a final draft for all cities to approve before the
expiration of the current agreement.
City of Shorewood Council Meeting Item
10A.1
Title/Subject: MN Law and Meeting Participation
Meeting Date: June 14, 2021
MEETING
Prepared By: Greg Lerud, City Administrator
TYPE
REGULAR
Reviewed By: Tim Keane, City Attorney
Attachments: MN Session Laws, Chapter 14; League of MN Cities
Informational memo
Background: At the May 24 City Council meeting, Council member Gorham asked if
city council participation would be permitted to be virtual once the Governor lifts his
emergency order. Staff researched the issue and provides this analysis.
MN Session laws – 2021, Chapter 14, made language changes to existing laws that that
were found to be inadequate following the pandemic experience. Language updates
such as “interactive technology” replaced “other electronic means,” as well as requiring
government bodies subject to this section to allow electronic monitoring of the meeting
by the public from a remote location, where practical. To that end, the city has been
working with LMCC to incorporate Zoom into the council chambers recording system.
To Council member Gorham’s question, there was no change to current law that allows
a member of the public body to participate from a remote location up to three times for
year (where that remote location is not open or accessible to the public.) Council
members can participate through interactive technology in a place that is open and
accessible to the public (e.g., public library) more than three times. What the new law
did, was to remove the annual limit of three meetings for meetings held prior to July 1,
2021. Effective July 1, if a council member participates remotely, they can do so only
three times for the remainder of the year.
City Council members have always notified other council members of their availability
at future meetings and if meetings need to be rescheduled to ensure a quorum, those
rescheduled meetings are approved at a duly called council meeting.
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