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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. 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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.) 2 Approved by the City Council of the City of SHOREWOOD this ______ day of ________, 2021. CITY OF SHOREWOOD, MINNESOTA Attest: Mayor City Administrator 3 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. th 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