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06-13-22 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JUNE 13, 2022 7:00 P.M. 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. Pledge of Allegiance B. Roll Call Mayor Labadie___ Siakel___ Johnson___ Callies___ Gorham___ C. 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 have been reviewed by city council and city staff and there shall be no further discussion by the council tonight on the Consent Agenda items. Any council member or member of city staff 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, we can answer those now. Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Work Session Minutes of May 23, 2022 Minutes B. City Council Regular Meeting Minutes of May 23, 2022 Minutes C. Approval of the Verified Claims List Claims List D. Approve Agreement with Three Rivers Park District and City Engineer Memo Hennepin County Regional Rail Authority for Smithtown Ponds, Resolution 22-055 City Project 20-07 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. When you are recognized, please use the raise your hand feature. Please identify yourself by your first and last name and your address for the record. After this introduction, please limit your comments to three minutes. 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) 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Tour De Tonka Tim Litfin B. Executive Director Tiffany King, Excelsior-Lake Minnetonka Chamber of Commerce CITY COUNCIL REGULAR MEETING AGENDA Page 2 6. PARKS 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Approve Scoping Document and Authorize Preparation of City Engineer Memo Final Plans and Specifications for Birch Bluff Street and Resolution 22-056 Utility Improvements, City Project 21-01 9. GENERAL/NEW BUSINESS A. Bond Reimbursement Resolution Finance Director Memo Resolution 22-057 10. STAFF AND COUNCIL REPORTS A. Staff 1. Water Efficiency Grant Communications/Recycling Coordinator Memo 2. Integrated Pest Management Program Director of Public Works B. Mayor and City Council 11. CLOSED SESSION Meeting will be closed pursuant to Minn. Stat. Section 13D.05, subd. 3(d) to discuss issues related to the City’s security system and emergency response procedures at City Hall. 12. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, MAY 23, 2022 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Labadie called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Labadie, Gorham, and Callies; City Attorney Shepherd; Interim City Administrator Shukle; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: Councilmember Siakel B. Review Agenda Johnson moved, Gorham seconded, approving the agenda as presented. Motion passed 5/0. 2. PRE-APPLICATION SKETCH FOR A SENIOR COOPERATIVE Location: 24250 and 24320 Smithtown Road Applicant: Lifestyle Communities Planning Director Darling gave a brief overview of the proposal for a fifty-six unit senior cooperative project that is being proposed on two parcels of land that straddle the City boundary between Tonka Bay and Shorewood. She explained that decisions that staff had identified that would need to be made if this development moves forward such as; if this use satisfies any community needs for Shorewood seniors; if this use is appropriate for the community, is this location a good fit for the building; and noted the need for a traffic study. She noted that the Planning Commission reviewed this proposal at their May 3, 2022 meeting and their comments are listed in the staff report. She stated that the Tonka Bay City Council had reviewed this proposal at their May 10, 2022 work session, but did not have a huge amount of time to devote to it. She stated that if the Council wanted to pursue this project in any greater detail, they way want to explore scheduling a joint work session meeting with Tonka Bay’s City Council. Ben Landhauser, Lifestyle Communities, 4938 Lincoln Drive, Edina, gave an overview of the history of Lifestyle Communities and their various brands. He explained that how their cooperative living works is that it is an owner occupied housing model that is not truly real estate because it deals with shareholders. He stated that means there is one master mortgage on the whole building and noted that this would be an age qualified community which means one part of a couple would need to be 62 years of age or older. He stated that there are no services provided in their building nor do they provide any kind of care for the residents. He stated that there are full-time and part-time employees, but they would be more traditional to apartments for things like building management and maintenance. He explained that for this building, residents would end up having one/fifty-sixth (1/56) ownership in the building, the amenity spaces, and the grounds. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 23, 2022 Page 2 of 6 He gave an overview of their expected demographic as being someone who already lives in the community that is looking for single level living with no ongoing maintenance requirements. He stated that they are attracted to these kinds of parcels because of the proximity of some goods and services that are walkable from the site. He stated that they are trying to minimize the overall mass of this building and noted that they have looked at building it as one building, but also as two distinct buildings so one would be in Shorewood and the other would be located in Tonka Bay. He stated that the buildings would share utilities but from a fire code perspective it would basically be two structures that are at a zero lot line. He explained that they are planning to have over 6,000 square feet in amenity space with great rooms, wellness studios, maker spaces, entertainment/hospitality suites, and a guest suite. He stated that the mix of units is from one bedroom/den that is about 1,200 square feet all the way up to the equivalent of a three bedroom unit that they refer to as a two bedroom/den which would be about 1,600 square feet. He stated that they do a lot of underground parking and noted that every home comes with one assigned space and based on their other cooperative buildings, they know that a ratio of 1.5 spaces per unit is a pretty accurate number for total spaces. He stated that in some of their other buildings they have things like electric bike charging stations, flex stall for vehicular charging, and bike/kayak/canoe storage. He noted that they can provide the City with information on their projected traffic volumes from similar recent projects where they have conducted full traffic studies. He stated that there will also be personal storage space available on every level of the building. He noted that the fourth floor steps back away from Smithtown Road about seventy feet so most of the mass ends up tucked against the trees, so when people are driving by it will feel like more of a three story building. He referenced the renderings they had submitted that show a bit how the building will look along with the rooftop patio space which has been very popular in their other buildings. He stated that they are very excited about the possibilities with this project and introduced CEO, Tim Nichols and Development Associate, David Williams. Councilmember Gorham stated that one of the challenges of this site is going from very low traffic to high traffic with a fifty-six unit complex which will dramatically change the landscape. He asked about Lifestyle’s research on this kind of housing and what they see as a benefit to the community. Mr. Landhauser stated that people only have a few rental options that are within a five minute drive to this site. He gave the example of their project in Mound where they began pre-sales in February which had already surpassed fifty-percent and will probably start construction later this year. He stated that they have found a lot of desire for situations where their children have moved to the area or this is where they have lived forever and want to stay in the community, but still downsize. He stated that to address the traffic, if the City looked at their Comprehensive Plan, they could probably get ten to twelve townhomes in there and noted that Truffle Hill is zoned for commercial, which means it could potentially be a restaurant. He explained that their traffic will probably be significantly less at peak times which will be the most impactful to the current residents. He stated the residents in this building will by and large be retired or are at a point where they can work at their leisure. He stated that based on their previous traffic studies their buildings end up having five to six trips in total per day per unit and the rest is spread throughout the day. Councilmember Gorham noted that his questions was more in relation to demographics. Tim Nichols, CEO, Lifestyle Communities, noted that this building, if approved, will be about their fortieth cooperative building. He reiterated the point that the people who live in these buildings will really be people from the community that do not ‘need’ to move, but ‘want’ a place that is close CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 23, 2022 Page 3 of 6 to the things in their life. He stated that providing this type of space, allows other people to move into the community buy purchasing their home. Councilmember Gorham stated that he understands that the idea is for people to be able to stay in the community, but expressed his disappointment with how expensive the Tonka Bay development was. He stated that Shorewood has a diverse economic population and many people have modest homes and noted that they could not afford to stay because of how expensive the units are in Tonka Bay. He asked how Lifestyle Communities ensures the affordability for people who live in modest homes. Mr. Nichols explained that it is contractual with the cooperative so the affordability requires that the resale of these units does not increase any higher than two percent annually. He stated that they call it practical affordability. Councilmember Callies stated that she is familiar with co-ops and explained that her parents had lived in Summerhill in Eden Prairie. Mr. Nichols explained that building was one they built many years ago. Councilmember Callies but stated that she would not consider these ‘affordable’ as that term is used in the affordable housing market. She stated that when people go to sell their share, they would not be getting equity and are basically getting only what they had put into it. She stated that this is a just a risk of a co-op and noted that it is a different type of model. She stated that her bigger questions are related to do with this project being split between Tonka Bay and Shorewood and noted that it seems to be a sort of a ‘chicken and egg’ scenario. She stated that it brings up questions as to whose regulations will be followed, if it will be combined. Councilmember Johnson stated that the City had contemplated that kind of thing before with Waters in Excelsior and he thinks the cleaner result would be annexing one way or the other. Mr. Landhauser noted that the Planning Commission had brought up a similar point and had asked a question about whether or not it would be easier if this was just one piece of property and one jurisdiction. He stated that the answer to that is yes but knowing that is not today’s reality, so they have at least put a proposal together that if the two cities couldn’t decide which one would relinquish their particular piece, the project could still move forward as long as they were able to get a Planned Unit Development (PUD) done in each jurisdiction. He explained that they could accommodate things like taxing differently on either sides of the building and have at least thought through all of those types of things. He stated that it would be in the two cities courts to decide if there is any part of the dialogue that wants to move to having this in just one jurisdiction versus the other. He stated that would not be Lifestyle Communities’ call to make, but they are happy to be part of the conversation. Councilmember Callies asked if Lifestyle Communities already owned the properties. Mr. Landhauser explained that they have both pieces under contract and this is part of their due diligence process. Mayor Labadie stated that Planning Director Darling had mentioned the possibility of getting the two cities together to discuss this project and asked how the Council felt about this possibility. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 23, 2022 Page 4 of 6 She stated that she also has concerns about splitting the project between the two cities and about affordability. Councilmember Johnson stated that they have mentioned that their Mound project is currently in pre-sales and asked what the price would be for a one-bedroom/den unit. Mr. Landhauser stated that this is a limited equity co-op, so no one can pay 100% of their share value and they offer anywhere from 25, 35, 60 and 95 percent share contributions. He stated that the more equity they put in the lower their monthly member fee will be. He stated that the minimum share pricing for a one-bedroom den unit would be right around $170,000 at 35% equity level and believes the largest would be right around $255,000 as their minimum share. David Williams, Lifestyle Communities, explained that the running monthly payments starts around $2,200/month. Mr. Nichols explained that with the correlating monthly payments, they bundle together as much of the costs as possible including real estate taxes, operating costs, cable television and high speed internet. He stated that from a cooperative perspective there is better buying power within the owner group of people to collectively bargain for a better price. He stated that there are a few things that are not included in the monthly payment, such as the electricity, gas, and landline telephone for the individual units. Mayor Labadie asked for details on the drawings that they had showed in their presentation and asked specifically for clarification on what the dashed lines indicated. Mr. Landhauser explained that the dash lines are a reference for setbacks and noted that the closest dash line is fifteen feet, then twenty feet, then twenty-five, and then thirty feet. He stated that how they have the building modeled right now is that the setback from Smithtown Road right- of-way is twenty-five feet and from the access to the Public Works facility is around twenty-two feet, the north property line is forty-eight feet, and the westerly line is also about twenty-five feet. He stated that those setbacks are things that they are willing to discuss changing, if necessary. Mayor Labadie stated that she thinks that will definitely have to be discussed. She stated that another big concern she has is that the underground parking stalls would access the structure by going up the private drive. She stated that she has had a text conversation with Chief Tholen and Chief Mackey about this issue and found out that the police uses that access to get their squads in and out and are concerned that traffic could impact their response time. She stated that she is also concerned about Public Works vehicles getting in and out for example during a nighttime blizzard because they are large vehicles. She stated that she thinks this needs more discussion and the opportunity should be given to both of the Chiefs to give input on this proposal. Councilmember Gorham stated that in terms of massing and topography, the site is already on a hill, and he does not want to turn this into ‘Mount Artessa’ that everyone can see from miles away and asked that they take a close look at how it is massed and how they navigate the topography. Mr. Landhauser stated that they are trying to preserve as many of the trees as possible and noted that the rendering they submitted was not perfect but explained that they would try to nestle the main level down into the hill as far as possible. He assured the Council that they will be cognizant of that issue as they really start playing with it. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 23, 2022 Page 5 of 6 Mr. Nichols stated that since the people moving in are owners, they are as interested in how it looks from the outside-in as they are from the inside-out. He suggested that the Council go take a look at some of their buildings because he thinks they have been good stewards and have brought very good architecture, are a good neighbor, and are being the catalyst for setting up a good opportunity for people coming in from around the area to live in the building. Mayor Labadie stated that she also thinks that fifty-six units feels like it is too much and that the structure is very tall for something that is already on a hill. Planning Director Darling noted that Planning Commissioner Huskins is available if the Council had any questions regarding the Planning Commission discussion. Councilmember Gorham stated that he thought one point that was made in the Planning Commission discussion was the turn onto Smithtown. Planning Commissioner Huskins stated that he had used the analogy of the event that was held this past weekend of people trying to navigate their way into the Public Works area and then come back out. He stated that trying to make a left hand turn out of there became very congested, so the Planning Commission thought some form of traffic control may be needed at that intersection. He stated that the larger point he feels the Commission made is what was mentioned by Mayor Labadie about the traffic of the Public Works vehicles as well as the Public Safety vehicles coming in and out of that road. He stated that one of the other Commissioners was concerned about the length of time for building the structure, which is around thirteen months because that will also have an impact on the area. He stated that he believed the applicant had stated that typically in that situation they would find a property nearby to house vehicles and materials so it wouldn’t be all on the site itself. Mayor Labadie stated that this was all the discussion they had time for tonight, but noted that she would anticipate that there will be a joint meeting between Tonka Bay and Shorewood to discuss the project. Planning Director Darling stated that she will look to get a joint meeting scheduled with the Tonka Bay City Council in about a month. Mayor Labadie stated that she did not think Tonka Bay had a Planning Commission, but suggested that it would be good to extend an invitation to this meeting to Shorewood’s Planning Commission. Councilmember Callies stated that this is beginning to sound a bit unwieldy and asked if Planning Director Darling could have a conversation with the Tonka Bay administrator and see what they are thinking before there is a meeting. Planning Director Darling stated that she suspects that there will be many of those types of conversations before the meeting is scheduled. 3. ADJOURN Callies moved, Johnson seconded, Adjourning the City Council Work Session Meeting of May 23, 2022, at 6:53 P.M. Motion passed 4/0. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES MAY 23, 2022 Page 6 of 6 ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk 2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 23, 2022 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:06 P.M. A. Pledge of Allegiance B. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Gorham, and Callies; City Attorney Shepherd; Interim City Administrator Shukle; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: Councilmember Siakel C. Review Agenda Mayor Labadie asked to remove item 5A. under reports and presentations and explained that it would be placed on a future agenda. Johnson moved, Gorham seconded, approving the agenda as amended. All in favor, motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Gorham moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of May 9, 2022 B. City Council Regular Meeting Minutes of May 9, 2022 C. Approval of the Verified Claims List D. Approval of Proposed Engagement Letter with Baker Tilly – City Administrator Search Adopting RESOLUTION NO. 22-051, “A Resolution Authorizing Execution of an Executive Search Firm Agreement to Assist in Hiring a City Administrator.” E. Approve 2022 Data Practices Policies and Updates, Adopting RESOLUTION 22-05 “A Resolution of 2022 Data Practices Policies.” CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 23, 2022 Page 2 of 5 F. Approve Quote for 2022 Pavement Marking, City Project 22-03, Adopting RESOLUTION NO. 22-053, “A Resolution to Award Contract, City Project 22- 03.” G. Accept Quote for Shorewood Community and Event Center Painting All in favor, motion passed. 3. MATTERS FROM THE FLOOR 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Executive Director, Tiffany King, Excelsior-Lake Minnetonka Chamber of Commerce (Removed from the agenda - to be rescheduled) 6. PARKS A. Report by Commissioner Heinz on May 10, 2022 Park Commission Meeting Park Commissioner Heinz gave an overview of the Park Tour the Park Commission took at their May 10, 2022 meeting and shared details of their findings at Badger, Cathcart, and Freeman Parks. Mayor Labadie commended Councilmember Callies for attending the Park tour with the Park Commission. 7. PLANNING A. Report by Commissioner Huskins on May 3, 2022 Planning Commission Meeting Planning Commissioner Huskins gave an overview of the discussions and recommendations made at the May 3, 2022 Planning Commission meeting. Mayor Labadie expressed her appreciation to both the Park Commission and the Planning Commission for their thoroughness in doing so much ground work for the Council. 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for 2022 Mill and Overlay Project, City Project 21-11 City Engineer Budde stated that on April 25, 2022, the City Council approved the plans and specs for the project to go out for bidding. He explained that the mill and overlay project includes Silver Lake Trail; Sierra Circle; Christmas Lake Road; Christmas Lake Lane (east and west); and the remaining portion of Covington Road, between Vine Ridge Road and Vinehill Road. He explained that the project was grouped together and included two alternates for Galpin Lake Road and for Murray Court/Murray Street. The six bids were opened on May 17, 2022 with the low bidder being CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 23, 2022 Page 3 of 5 Valley Paving which came in a bit below the engineer’s estimate. Staff is recommending awarding the base bid plus the alternate that included Galpin Lake Road. Councilmember Johnson stated that in looking at the combination of the base bid plus the alternate of Galpin Lake Road, it appears as though Asphalt Surface Tech. would actually be the low bidder. He asked if there was a specific quality purpose or another reason that staff was recommending Valley Paving. City Engineer Budde stated that because this scenario can happen on occasion, the City has been very clear that the low bidder is determined based off of the base bid amount only and does not consider the alternatives. Public Works Director Brown stated that when a company bids a project, they are bound to state what the award of the contract is based on, and that is chosen ahead of the bidding cycle. Councilmember Gorham stated that the last time this was discussed, there was conversation about the ‘what ifs’ and believes that City Engineer Budde stated that the Murray Court and Murray Street were rated at a six and that there was a strategy to push it into a future CIP. Public Works Director Brown explained that when the recommendation first came out, after opening bids, it actually had Murray Court involved based on that discussion, but noted that after considerable discussion, staff reversed that because even if the legislature comes through with their funding, it will be at least two years before the plans are actually constructed. He stated that based on the fact that Galpin Lake Road carries a very high volume of traffic they felt it was prudent to proceed with Galpin Lake. He stated their other consideration also took into account that the City of Chanhassen is moving forward with their reconstruction of Galpin Lake Road. Councilmember Gorham asked if it may be a good idea to move ahead with Murray Court and Murray Street now with the extra funds rather than wait and potentially pay more for the work. City Engineer Budde stated that they had looked at the options, but after talking with Finance because it was over the budgeted amount, they felt that the City would have a challenging time coming up with the money in the near term if everything was awarded for this project. He explained that this was why staff felt it was prudent to choose one alternate or the other. He stated that staff has been working on some preliminary CIP planning and he believes that the next mill and overlay project for the City will be in two years so Murray Court and Murray Street would have to wait two years. Councilmember Gorham asked if staff felt Murray Court and Murray Street could wait for two years. Public Works Director Brown stated that he believes those streets can wait for two years because of the low volumes that utilize those roadways. He stated that it will mean that Public Works will have to go out and do some remedies in the meantime, but reiterated that with the low volumes, he thinks that will be a good investment. Johnson moved, Gorham seconded, Adopting RESOLUTION NO. 22-054, “A Resolution Accepting Bids and Awarding Contract for the 2022 Mill and Overlay Project, City Project 21-11.” All in favor, motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 23, 2022 Page 4 of 5 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Staff Public Works Director Brown stated that they conducted the annual spring clean-up and shred events and noted that there was not as much traffic as they have had in the past. He stated that per the vendors the City of Plymouth experienced the same reduced traffic and the only speculation is that, because of COVID, many people spent a lot of time cleaning out their homes and yards which may mean that there wasn’t enough volume left over for this year. He stated that they will pay attention and see if that patterns holds in the coming years. He stated that the event went very smoothly and those that participated were very appreciative of the events. He commended Communications Director/Recycling Coordinator Julie Moore and Rick Moore for conducting the shred event. He stated that the ‘much talked about but seldom seen’ sweeper is due to be back tomorrow morning. He noted that Public Works had conducted some maintenance on the Boulder Bridge Well last fall which is now being finalized and they are doing some clean- up. He stated that this means there will be a water main shut down for about ten homes in the area tomorrow who have already been notified. Mayor Labadie noted that Public Works Director Brown was also an integral part of the spring clean-up day and expressed her appreciation to City employees Miechelle Norman, Brenda Pricco, Nelia Criswell, Matt VanLith, and Rob Hanson, that came out on a Saturday to help out the residents. City Engineer Budde stated that the Grant Street drainage project should start seeing some tree removal this week. He stated that some of the pond excavation will likely be done in the coming weeks. He stated that they found out from the contractor for the Smithtown Pond project that they would like to start tree removal next week. He stated that staff is putting together some communications that will be pushed out to residents in various ways about these plans. Planning Director Darling stated that City Engineer Budde has been working with the consultant and it looks like Phase II of the Silverwood Park project will begin next week. Mayor Labadie asked if the City was planning any kind of Grand Opening event for Silverwood Park. Planning Director Darling stated that they will have some sort of event, but it will be smaller than what was done for Badger Park. City Attorney Shepherd stated that the Council has had previous discussions surrounding the issue of Zoom meetings and Zoom access for meetings in a ‘non-COVID’ context. He stated that he is recommending that the Council delay further conversations on this topic until late summer and asked if Council was amenable to that recommendation. There was consensus of the Council to discuss Zoom meetings/access sometime in the late summer. Interim City Administrator Shukle explained that he had been meeting individually with Councilmembers to talk about expectations while he serves in this role. He stated that he has CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 23, 2022 Page 5 of 5 also been meeting individually with staff and had plans to attend the Excelsior Fire District Board meeting next week. He stated that he has meetings scheduled with both the Fire Chief and the Police Chief and explained that he is trying to get more background and information on things in more of a listening mode for the time being. B. Mayor and City Council Councilmember Callies stated that she had recently been by the property on Hillendale Road and it is much improved. She expressed her appreciation to Planning Director Darling and the property owners for their work on this property. Mayor Labadie pointed out that Public Works Director Brown, herself, and a representative from the SLMPD will meet tomorrow afternoon with representatives from Minnetonka Adult Softball, Tonka United Soccer, Minnetonka Baseball, and the athletic directors for MME and MMW relating to cross country to discuss access to Eureka Road surrounding the upcoming event at Freeman Park. She stated that this will be the first time this joint meeting has ever been held and thinks it will be a good idea so everyone is on the same page. She explained that she is a member of Minnesota Mayors Together and the thirty-one mayors, including herself, jointly signed a letter urging house and senate members to consider closing the broadband access gap. She noted that the City just received news today from the League of Minnesota Cities and Minnesota Mayors Together that Daniel Lightfoot from the League indicated that $210,000,000 for broadband expansion, between State and Federal resources, will be put into broadband infrastructure deployment. 11. ADJOURN Callies moved, Johnson seconded, Adjourning the City Council Regular Meeting of May 23, 2022, at 7:59 P.M. All in favor, motion passed. ATTEST: Jennifer Labadie, Mayor Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-055 A RESOLUTION APPROVING AGREEMENTS WITH HENNEPIN COUNTY REGIONAL RAIL AUTHORITY AND THREE RIVERS PARK DISTRICT FOR SMITHTOWN POND PROJECT CITY PROJECT 20-07 WHEREAS, the Hennepin County Regional Rail Authority owns the land in which the Lake Minnetonka Regional Trail is located; and WHEREAS, the Hennepin County Regional Rail Authority is in need to replace the existing culvert under the trail and will contribute a not to exceed amount of $38,680; and WHEREAS, the City of Shorewood would like to make changes to the culvert configuration to improve the drainage upstream and the erosion downstream by routing water to the Smithtown Pond project and will take over its future maintenance responsibility; and WHEREAS, the City of Shorewood and Hennepin County Regional Rail Authority benefit by entering into a cost share and maintenance agreement; and WHEREAS, the Three Rivers Park District operates the Lake Minnetonka Regional Trail located within the Hennepin County Regional Rail Authority property; and WHEREAS, the Three Rivers Park District requires an agreement for a proposed new trail connection to the Lake Minnetonka Regional Trail located on the Smithtown Pond parcel; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorize entering into agreements with the Hennepin County Regional Rail Authority and Three Rivers Park District for improvements related to the Smithtown Pond Improvements project. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13 day of June 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 22-056 A RESOLUTION TO APPROVE SCOPING DOCUMENT AND AUTHORIZE PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR THE BIRCH BLUFF ROAD RECONSTRUCTION PROJECT CITY PROJECT 21-01 WHEREAS, the current Capital Improvement Plan (CIP) identifies improvements to Birch Bluff Road and Lee Circle Reconstruction Project from Grant Lorenz Road to Pleasant Ave and includes street reconstruction, watermain, and drainage improvements; and WHEREAS, the above Improvements are identified in the CIP for 2023 construction season and will require the acquisition of easements and right of way; and WHEREAS, the City has completed the Scoping Document that provides recommendations to be incorporated into the design; and WHEREAS, the City Council as appointed Bolton & Menk as the City Engineer and will prepare the final plans & specifications for the Birch Bluff Street Reconstruction Project; 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 approves the Scoping Document with the included recommendations and authorizes Bolton & Menk to prepare final plans & specifications for the Birch Bluff Reconstruction Project with the recommendations provided. th Passed by the City Council of Shorewood, Minnesota this 13 day of June 2022. __________________________ Jennifer Labadie, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 9A Title/Subject: Bond Reimbursement Resolution Meeting Date: June 13, 2022 MEETING Prepared By: Joe Rigdon, Finance Director TYPE REGULAR Reviewed By: Ed Shukle, Interim City Administrator 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 2022 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 CITY OF SHOREWOOD, MINNESOTA RESOLUTION NO. 22-057 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”). 2022 Sanitary Sewer Lift Station Rehabilitation Projects 2022 Street Mill & Overlay Projects Strawberry Lane Street & Utility Reconstruction Project Strawberry Court Street Reclamation Project Peach Circle Street & Utility Reconstruction 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 $6,900,000. 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. Approved by the City Council of the City of SHOREWOOD this ______ day of ________, 2022. CITY OF SHOREWOOD, MINNESOTA Attest: Mayor Jennifer Labadie Sandie Thone, City Clerk 2 City of Shorewood Council Meeting Item Title / Subject: Water Efficiency Grant from Metropolitan Council 10A.1 Meeting Date: Monday, June 13, 2022 MEETING TYPE Prepared by: Julie Moore, Communications and Recycling Coordinator Regular Reviewed by: Sandie Thone, City Clerk/Human Resources Director Meeting Background: The City of Shorewood was awarded a $8,400 water efficiency grant through the Clean Water, Land and Legacy Amendment and the Metropolitan Council. The city’s matching funds requirement is $2,100. The funds will be used to help residents swap out inefficient appliances with more efficient WaterSense- and Energy Star-labeled replacements. Timeline: The grant program period begins on July 1, 2022, and ends January 30, 2024 while funds last. Connection to Vision/Mission: Consistency in 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. 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