09-26-22 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 26, 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 September 12, 2022 Minutes
B. City Council Regular Meeting Minutes of September 12, 2022 Minutes
C. Approval of the Verified Claims List Claims List
D. Approve New Retail Tobacco License – Shorewood City Clerk/HR Director Memo
Tobacco Corp.at 19905 State Hwy 7 Resolution 22-088
E. Approve Temporary Liquor License for Oktoberfest City Clerk/HR Director Memo
Resolution 22-089
F. Approve SLMPD Joint Power Agreement Interim City Administrator Memo
Resolution 22-090
G. Approve Agreement for 6070 Strawberry Lane City Engineer Memo
Resolution 22-091
H. Accept Boba Tonka Bubble Tea Donation to Oktoberfest Event Park & Rec Director
Resolution 22-092
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
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 raise your hand or 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. The mayor or council may request that staff
place this matter on a future agenda or ask staff to address it during Item 10. Staff Reports. (No Council Action will be taken)
4. REPORTS AND PRESENTATIONS
A. Martin Scheerer and Dr. Nicholas Simpson, Hennepin County Emergency Management
5. PARKS
A. Report by Commissioner Hirner on 09-13-22 Park Commission Meeting Minutes
6. PLANNING
A. Report by Commissioner Eggenberger on 09-20-22 Planning Commission Meeting
7. ENGINEERING/PUBLIC WORKS
A. Approve Final Plans and Specifications and Authorize Advertisement City Engineer Memo
for Bids for Birch Bluff Street, City Project 21-01 Resolution 22-093
8. GENERAL/NEW BUSINESS
A. Approve Appointment of Park Commissioner City Clerk/HR Director Memo
Resolution 22-094
B. Utility Rates Review Finance Director Memo
Ordinance 593
9. STAFF AND COUNCIL REPORTS
A. Staff
1. Tree Sale Update Communications/Recycling Coordinator Memo
B. Mayor and City Council
10. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL SPECIAL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 12, 2022 5:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 5:34 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers: Johnson, Siakel, Gorham, and Callies; and
Interim City Administrator Shukle.
Absent: None
B. Review Agenda
Johnson moved, Gorham seconded, to approve the agenda as presented. Motion passed
5/0.
Mayor Labadie explained the purpose of the work session which is to interview 1
finalist candidate, Jesse Dickson, for the position of City Administrator.
Mayor Labadie asked Mr. Dickson to tell the City Council about himself and his
interest in the Shorewood City Administrator position. Interim City Administrator
Shukle then asked questions from a list of agreed upon questions as developed
by Baker/Tilly and the City Council. Upon completion of the interview with Mr.
Dickson, the City Council discussed this interview and the direction the Council
would like to take with regard to the search process. Consensus was to bring C.
Blaine Wing, a finalist previously interviewed remotely and Mr. Dickson back for
second interviews. The agreed upon dates for these second interviews were
identified as September 27 or October 1, depending upon which one works for
these 2 candidates.
2. ADJOURN
Siakel moved, Johnson seconded, Adjourning the City Council Work Session Meeting of
September 12, 2022, at 7:00 P.M. Motion passed 5/0.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, SEPTEMBER 12, 2022 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:10 P.M.
A. Pledge of Allegiance
B. Roll Call
Present. Mayor Labadie; Councilmembers Johnson, Siakel, 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: None
C. Review Agenda
Gorham moved, Johnson seconded, approving the agenda as presented. All in favor,
motion passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Johnson moved, Siakel seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Work Session Minutes of August 22, 2022
B. City Council Regular Meeting Minutes of August 22, 2022
C. City Council Special Work Session Minutes of August 29, 2022
D. City Council Special Work Session Minutes of September 6, 2022
E. City Council Special Work Session Minutes of September 7, 2022
F. Approval of the Verified Claims List
G. Accept Quote and Award Contract for One Replacement 2,000 Gallon Tanker
Truck
H. Set Truth-in-Taxation Meeting Date, Adopting RESOLUTION NO. 22-080,
“Selection of the Truth-in-Taxation Public Meeting Date.”
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SEPTEMBER 12, 2022
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I. Approving an Encroachment Agreement for 23100 Summit Avenue,
Adopting RESOLUTION NO. 22-081, “A Resolution Approving an
Encroachment Agreement for the Property at 23100 Summit Avenue.”
J. Accept Final Improvements for Shady Island Bridge Forcemain
Replacement, City Project 21-02, Adopting RESOLUTION NO. 22-082, “A
Resolution Accepting Final Improvements and Authorizing Final Payment
for the Shady Island Forcemain Project, City Project 21-02.”
K. Accept Final Improvements for Christmas Lake Boat Landing, City Project
22-02, Adopting RESOLUTION NO. 22-083, “A Resolution Accepting Final
Improvements for the Christmas Lake Boat Landing Project, City Project 22-
05.”
L. Approving Hiring of Light Equipment Operator
M. Approve 2023 Lake Minnetonka Cable Communications Budget, Adopting
RESOLUTION NO. 22-084, “A Resolution Approving the Proposed 2023 Lake
Minnetonka Communications Commission Budget.”
N. Accept Resignation of Chris Pounder, Light Equipment Operator, Public
Works
O. Approve Hiring of Light Equipment Operator
P. Revised Interim Ordinance (Moratorium) on Sale of Cannabinoids, Adopting
RESOLUTION NO. 22-085, “A Resolution Approving a Summary Publication
of Interim Ordinance 590 Regarding Prohibition on the Sale, Testing,
Manufacturing, and Distribution of THC Products.”
Q. Authorize Expenditure for Public Works Equipment, One Power Broom for
Skid Steer
R. Accept Regular Appointment of Bruce Stark to Light Equipment Operator –
Utilities, Public Works
All in favor, motion passed.
3. MATTERS FROM THE FLOOR
Cindy Becker, 6165 Strawberry Lane, read aloud an e-mail that she had previously sent to the
Council and City Engineer Budde that outlined the reasons that she does not support the City
plans to widen Strawberry Lane. She stated that Strawberry Lane is safe as it is and it is frequently
used by families for walking and riding bikes and people are happy with that. She stated that the
City needs to retain its trees and it shade and she feels that preservation is actually progress.
She stated that if the City was interested, she has data on how many kids walk down the road
and how long during the day the roadway is busy.
4. PUBLIC HEARING
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 12, 2022
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5. REPORTS AND PRESENTATIONS
6. PARKS
7. PLANNING
8. ENGINEERING/PUBLIC WORKS
A. Approve Plans and Specifications and Authorize Advertisement for Bids for
Strawberry Lane Reconstruction
City Engineer Budde stated that over a year ago the Council authorized preparation of final plans
and specifications. He stated that based on the most recent direction from the Council, staff has
put together the final plans and specifications for a twenty-six foot wide roadway, sidewalk on the
east side, and an alignment that shifts the roadway west on the southern portion. He stated that
the next step would be to go out for bids in order to get a good idea of the pricing for the project
and be able to bond for it this year. He stated that if everything goes according to plan and comes
in on budget, there is potential for tree removal to occur this winter with the project substantially
completed and the roadway back open by the beginning of school in 2023. He stated that this
project also addresses a number of drainage concerns along the entire corridor and also adds
municipal water service. He noted that staff is still working to acquire easements and right of
entries for some of the properties. He stated that the expectation is that they will be looking for
an actual final decision about this project in about six weeks and noted that tonight they were just
looking for approval of the plans and direction to proceed with bidding the project.
Mayor Labadie asked if the plans presented tonight also include the reconstruction of Peach
Circle and reclamation of Strawberry Court.
City Engineer Budde confirmed that it does include plans for Peach Circle and Strawberry Court.
He explained that this project includes addition of watermain and fire hydrants.
Councilmember Gorham asked for details on tree removal.
City Engineer Budde stated that if the Council approves the project they will then go mark out the
final tree removal plans and attempt to get the ‘final blessing’ from the adjacent property owners,
to make sure there is agreement on the expectations. He stated that for the tree removal crews
he is not sure if it would be multiple crews or just a single crew because they are basically giving
them all winter to complete the work. He stated that the deadline is March 1, 2023, which would
be prior to any road restrictions would come on. He stated that he would think they will be out in
the area for a month or two working on the tree removal.
Councilmember Gorham asked about the utility crews that will need to come in to the area as
well.
City Engineer Budde stated that there are some overhead power and communication lines that
need to be relocated. He stated that the first tree removal crew that will come out will actually be
part of Xcel Energy because they will remove the ten feet around their wires before the City
contractor and tree removal crew can do the next portion. He stated that the expectation is that
they remove anything they have cut at the end of the day, but noted that there may be some times
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when they store some logs or larger lumber in piles in order to remove them at one time with a
truck. He explained that the trees will be removed down to their stumps which would remain until
spring time when they would either be ground down or dug out.
Councilmember Gorham asked if work plans would be available on the City’s website so residents
can know what is coming up. He noted times when kids need to get to school and asked if there
may be crews working on both sides of the roadway that may cause a problem.
City Engineer Budde stated that is a good point and noted that they would add some language to
the bidding documents in order to clarify that during school days that they have to accommodate
those children and perhaps work only on one side of the roadway.
Councilmember Callies asked if there had been any substantial change in the circumstances
around this project that the Council should be aware of since their last discussion.
City Engineer Budde stated that there had not been substantial changes and explained that his
understanding is that in the areas where the City has not yet acquired the easements or right of
entry, he would anticipate the possibility for subtle changes happening in those areas.
Councilmember Johnson asked about tree replacement plans when construction is completed.
City Engineer Budde stated that if the City needed to acquire an easement that opens up the
discussion with the property owners to add some more trees and anyone who they do not have a
right of entry or easement agreement with, the City’s practice has been to offer up the value of
about three hundred dollars’ worth of trees through the City’s tree sale, which equates to about
two trees. He stated that those trees would be delivered to the property owners and it would be
their responsibility to plant and maintain those trees. He stated that the City just asks that they
be planted on private property and not on City right-of-way.
Councilmember Johnson asked if tree issues have been a major point of concern during the
conversations for easements and right of entry.
City Engineer Budde stated that it has been on certain properties.
Councilmember Johnson stated that he was in favor of having a sidewalk in order to get to school.
He stated that he has received a lot of feedback that a sidewalk is a desired amenity and noted
that he understands the concerns of residents, especially those that will lose some of their trees,
but noted that he felt the safety for this corridor was paramount.
Mayor Labadie stated that she was also in favor of the addition of a sidewalk because it will be
useful and will benefit the community for generations.
Councilmember Gorham stated that he has children that attend Minnewashta Elementary and
they do bike along the trail to get to school. He stated that he has heard from a lot of parents
about the sidewalk and the street width and their safety concerns about being able to get the kids
to school. He stated that he is in support of this project.
Councilmember Callies stated that she would agree and feels this is an appropriate project. She
stated that there is a lot of public support for the water, the trail, and the street width so she also
supports it, as proposed.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 12, 2022
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Siakel moved, Gorham seconded, Adopting RESOLUTION NO. 22-086, “A Resolution
Approving the Plans and Specifications for Strawberry Lane Reconstruction Project and
Authorizing Advertisement for Bids, City Project 19-05.”
Councilmember Johnson stated that he felt the community had done a good job in discussing this
project. He stated that he understands that not everyone would agree with it, but he respects the
fact that everyone on the street has had good, professional, courteous conversations about it and
he is proud to call them ‘neighbors’.
All in favor, motion passed.
9. GENERAL/NEW BUSINESS
A. Tobacco License Violations
Public Works Director Brown noted that apparently they are still having trouble with the audio
portion of Zoom so people may not have been able to hear what was going on during the meeting.
He explained that Clerk/HR Director Thone has asked if City Attorney Shepherd and Interim City
Administrator Shukle could fill in and present the items that she scheduled to present.
Mayor Labadie stated that she would ask if people found out about someone who had trouble
hearing the meeting via Zoom that they let them know that the meeting was being recorded and
will be available on the City website following the meeting.
City Attorney Shepherd stated that the license holder for this violation is Bakr Alkarkhi who holds
a license to sell at Cowboy Tobacco at 19905 State Highway 7. He explained that the City
received notification that there were four citations for selling to people under the age of twenty-
one. Mr. Alkarkhi was sent a letter from the City informing him of these violations, his right to a
hearing, and a fine amount. He explained that Mr. Alkarkhi paid the fine and did not contest or
appeal the violations and had informed staff that he was in the process of selling his business.
He stated that according to City Code after the third offense, the license shall be suspended for
not less than seven days, which is what is before the Council now.
Councilmember Callies stated that the letter did not advise the license holder of the potential of
suspension of their operations and asked if that would be an issue.
City Attorney Shepherd stated that he did not think it was an issue and explained that it is sort of
an automatic thing under the Code. He stated that the license holder was advised of his appeal
rights which he did not do and had simply paid the fines.
Siakel moved, Johnson seconded, to Suspend Cowboy Tobacco License for the period of
seven days as required by Shorewood City Code for violation of Shorewood’s Tobacco
Code 302 Selling to a Person Under Twenty-One Years of Age. All in favor, motion passed.
B. Approve 2023 Preliminary Budget and Levy
Finance Director Rigdon gave an overview of the 2023 Preliminary Budget and Levy. He
reminded the Council that this needs to be adopted before September 30, 2022 when it is due to
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
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the County for certification. He stated that the City can change it anyway they like until September
30, 2022, however after it is certified through the County, it can only be decreased. He explained
that the proposed General Fund budget is about a 2.4% increase from the 2022 budget. He
reviewed the personnel related assumptions included in the budget. He explained that the City
is budgeting to break even and not to have use of the reserve funds. He noted that the Council
had discussed at the work session the option of paying off the 2017 EDA bonds which were used
for the City Hall facility. He stated that there was a consensus during those earlier discussions to
go ahead and pay off those bonds and eliminate about five or six years off the levy. He explained
that it was an exceptionally unique year in relation to valuations of properties with about a 26%
increase in market value for 2023 and the tax capacity increased 28% which he has never seen
before. He stated that the proposal is for a property tax increase of 5.5% and noted that the
previous number discussed at the work session was 8.9%. He reviewed examples of property
taxes with no change in value as well as an increase in value and what they would mean to
property tax bills. He explained that staff is asking for approval of the 2023 Preliminary Budget
and Levy and reminded them that it needs to be certified by September 30, 2022.
Councilmember Gorham confirmed that the difference since the Council last discussed this
information was the update to the police budget and to exercise the call option for the EDA bonds.
Finance Director Rigdon explained that they had increased the levy on the 2022 bonds that have
to be issued to pay for the road projects.
Councilmember Callies stated that in looking at the resolution, the budget is set for more than the
budgeted amount and asked why those were not exact.
Finance Director Rigdon explained that the levy for the General Fund is isolated from the other
funds, so there are some debt services funds that they are levying directly for as well as some
money for capital projects. He clarified that the General Fund is only one piece of the levy.
Mayor Labadie commended Finance Director Rigdon for doing a good job pulling this information
together.
Gorham moved, Callies seconded, Adopting RESOLUTION NO. 22-087, “A Resolution
Adopting the Preliminary 2023 General Fund Operating Budget and Property Tax Levy.”
All in favor, motion passed.
C. Accept Resignation of Director Public Works Larry Brown and Discuss
Recruitment Process
Interim City Administrator Shukle explained that Public Works Director Brown had submitted a
letter of resignation on September 6, 2022 with his last day to be December 28, 2022 after twenty-
seven years with the City. He noted that Public Works Director Brown had been instrumental in
many important projects in the City and noted that his knowledge and experience will be greatly
missed. He gave an overview of the history of his employment and various positions he has filled
at the City and explained that staff and the Council wish him well in his retirement. He noted that
since Public Works Director Brown has given the City such lengthy notice of his retirement, he
believes it may be a good idea for the Council to take a look at the job description for this position
in order to determine if any revisions may be necessary or if they would like staff to compare the
description and duties to similar cities before the position is filled. He stated that he felt staff could
have information from other cities by the next Council meeting.
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Mayor Labadie stated that she likes the suggestion of comparing the job description to other cities
of similar size. She stated that Public Works Director Brown is a licensed engineer and many
cities do not have a licensed engineer on staff as the head of their Public Works Departments.
She stated that she did not necessarily see that as something that would hinder the City but thinks
it would be worth taking a look to see what other cities are doing and will also give them a good
idea of the pay rates.
Councilmember Callies agreed that this is a good time to take a look at these issues. She stated
that she appreciated that Public Works Director Brown gave lengthy notice, but did not feel it was
a ‘ton’ of time. She stated that from what the Council has heard, this may be a very difficult
position to fill and doesn’t feel action should be delayed. She stated that taking a look at what
other cities are doing and their pay scales may be a good idea, but would assume that many of
the essential functions are somewhat standard.
Councilmember Siakel stated that she feels this is a good opportunity to review this job
description. She stated that she thinks that Public Works Director Brown and his crew have kind
of been the ‘face of Shorewood’ and have just done a ton of work. She stated that there are
technical aspects of his job related to roads and water, but also aspects related to park and
recreation. She noted that someone new coming in may not be able to take on everything that
he has done, so it may be an opportunity to take a look and see if there is another role or some
other ways the department could be organized. She stated that she would like to make sure that
the City starts out strong and noted that they are also looking for a City Administrator right now,
so this may not all be as easy as it sounds. She reiterated that she agreed that filling this position
will not be easy and thinks the sooner they can get started, the better. She stated that she
believes that Public Works Director Brown has done an outstanding job for the City and showed
up many times and made the City look good. She expressed appreciation for his leadership in
the Public Works Department and believes that there have been many times where it would have
been appropriate for residents to come in and say thank you for the work they have done and
unfortunately that was rarely done. She stated that this resignation is a big deal and she thinks
this is an example of the importance of the City Council thanking their staff. She stated that the
Council needs to stand up for staff and do what is right for the entire City and not just for a handful
of residents that are speaking up. She reiterated her thanks for Public Works Director Brown for
his service that she felt had been under recognized throughout the years.
Public Works Director Brown thanked the Council for their kind words and noted that it has been
an honor to serve under many City Councils, alongside City staff, and the residents.
Councilmember Johnson stated that he wanted to thank Public Works Director Brown specifically
for his mentorship. He stated that he was the first staff member that he met when he came in and
Public Works Director Brown’s insights and conversations have been fantastic and will be missed.
Mayor Labadie noted that in private, she refers to Public Works Director Brown as “LLB” which
stands for the ‘Legendary Larry Brown’. She stated that she thinks the Council has given staff
direction that they would like for them to look at job descriptions from other cities of similar size
and would like that information by the next Council meeting.
Councilmember Johnson stated that the City was working with Baker Tilly to fill the City
Administrator position and asked if that same type of thing would be done for a Public Works
Director position or if there were other ways to to advertise the vacancy.
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SEPTEMBER 12, 2022
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Interim City Administrator Shukle stated that BakerTilly would be able to handle the recruitment
of a public works director. Other firms as well can do this type of work. , However, he believes
that the typical posting for this would go through our League of Minnesota Cities website and
engineering associations within the State as well as across the country. He noted that he believed
that would draw enough interest from potential applicants. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Public Works Director Brown stated that staff has received a number of comments regarding the
Badger Park lacrosse field football lights. He stated that there appear to be some intermittent
‘gremlins’ in the system so they have been working with the designer of the system to figure it
out. He noted that the system is still under warranty but there will be an electrician out some time
this week and have notified football and lacrosse organizations to let them know.
City Engineer Budde noted that the contractor for the mill and overlay project will be back this
week and within the next few weeks should be finishing up Covington, Christmas Lake Road, and
the rest of the project. He stated that the contractor will also be out this week completing the Otta
Seal on Enchanted Point and Wiltsey Lane.
City Attorney Shepherd explained that on the next meeting agenda, the Public Hearing section
will be removed and be put into the body of the agenda, so the public hearing and the
conversations about those items will happen under the same agenda items. He reminded the
Council that there will be a closed session later during the meeting and noted that there are two
attorneys from his office that were in attendance tonight. He introduced Cole Birkeland, a new
associate, and Alina Schwartz and asked her to give a prosecution update.
Alina Schwartz, Campbell Knutson, explained that they started prosecution duties for the City in
October of 2021. She stated that the transition with the court system has been smooth and feels
that they have developed a good relationship with the South Lake Minnetonka Police Department.
She gave a brief overview of the training sessions that they offer to police officers. She stated
that they have also stayed in close contact with victim advocate programs. She noted that all the
court sessions are in- person, except for minor traffic violations and gave a brief overview of some
of the recent cases and actions that they have been involved in.
Councilmember Callies stated that she would like more specific, practical information about things
like how many trials is the City having per month and what kind of trials they are.
Ms. Schwartz stated that it ends up being very case specific and she would not have that
information immediately. She stated that they did have a lot of court trails which are typically
moving violations or something similar. She stated that it could also be a disorderly conduct
where the defendant chooses to forego the jury trail and instead have a court trial which just
involves a judge. She stated that the City has a lot of DWIs which tend to be resolved without
going to trial.
Councilmember Callies noted that she is a former prosecutor and explained that she is interested
in getting the information about the numbers of cases that City is involved in. She stated that the
Council gets a report from the Police Department about the number of stops but does not really
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get a sense for who is showing up in court and what the prosecution is actually doing in court.
She explained that she would like to get a sense of specifics such as the type of cases.
Councilmember Siakel stated that she believed Councilmember Callies was asking for specific
information related to prosecutions and noted that was one of the original reasons that the City
selected this firm.
Councilmember Callies explained that she understood that not many cases go to trial in the
County so she would like to know how many do go to trial.
Ms. Schwartz stated that information she is requesting is very data driven and is hard for any
agency to pull together. She stated that the County pulls statistics for every City and used to do
that yearly and explained that their data would be the most accurate but they would be at the
mercy of when the County would pull this data and give it to them.
Councilmember Callies asked why Ms. Schwartz’ office would not keep their own data because
they know how many cases are going to trial and should not need the County to provide that
information. She stated that she feels the City should be able to get a report form Campbell
Knutson that outlines the number of trials they were involved in each month on behalf of the City.
Ms. Schwartz stated that they can certainly look into that.
Councilmember Siakel stated that she feels the information Councilmember Callies is asking for
is simple, how many DWIs and of those, how many were pleaded out and how many went to court
for the City. She stated that Campbell Knutson bills the City so they should have this information.
Ms. Schwartz clarified that they do know how many cases there are and the types of hearings
they are. She noted that they have not had a single jury trial for the City since they began this
work last year. She reiterated that they can look into the statistics and perhaps see if the new
system that they are using can pull that information by specific data.
Mayor Labadie explained that one reason the City is interested in this information is because the
City shares the Police Department and there are some contract discussions coming up related to
the Joint Powers Agreement. She stated that the City is interested in seeing how many cases
from the Police Department belong to Shorewood and what the end result of those cases are.
Councilmember Callies stated that she is also interested, beyond just the budget information and
picking out this is how much Shorewood is spending. She explained that she would just like to
know what is occurring, in terms of prosecutions, for the City because that would be good
information for the City to have.
Ms. Schwartz stated that the cases would average between two to nine cases on Tuesdays and
about three to six on Thursdays. She noted that the type of case does not necessarily dictate the
amount of time they spend on it.
Councilmember Callies explained that she was not trying to track time or cost per minute that is
spent in court, but would really like to try to get an understanding of what the cases are that are
going through the court system. She reiterated that the Council sees the stops that are made by
the Police Department in their reports, but they do not see how many are actually being
prosecuted.
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Ms. Schwartz stated that she will speak to her managing partner and figure out how to pull the
statistics Councilmember Callies is interested in seeing.
Mayor Labadie suggested that the things the City is looking for is information on charges filed and
the disposition. She stated that they are not looking for a treatise and are just looking for the
crime that was charged and the disposition.
Councilmember Callies noted that Ms. Schwartz legal assistant has to be sending her to court
with a list of cases so they should already have the information that the City is looking for.
Ms. Schwartz stated that was true but was unsure how to go back to October of 2021 and pull
that information.
Councilmember Callies suggested that they provide this information going forward, rather than
going back to the beginning.
Ms. Schwartz confirmed that she will begin tracking the type of cases/charge and their disposition.
Councilmember Siakel noted that during the interview process she believes that Campbell
Knutson had informed that City that they had the ability to provide this information.
Councilmember Callies stated that she would also like to see this information on a more regular
basis, such as once a month.
Mayor Labadie agreed that this information would be helpful to receive once a month and noted
that they were not asking for Ms. Schwartz to appear before the Council each month, but to submit
the data to them for review.
Interim City Administrator Shukle noted that he has been working with Baker Tilly to facilitate filling
the City Administrator position and explained that he would also be working with City Clerk/HR
Director Thone on applicants for the Park and Recreation Director position which currently has
thirteen applicants. He noted that the Personnel Committee, which consists of Councilmembers
Callies and Gorham, will be assisting in the interview process..
B. Mayor and City Council
Councilmember Johnson stated that he wanted to call out the efforts of Councilmember Gorham,
who was out last night in the dark when a tree fell across a neighbor’s driveway. He explained
that Councilmember Gorham rallied the neighborhood and made sure that this resident was able
to get out and drive the school bus this morning.
Councilmember Gorham stated it was done thanks to some neighbors that had chain saws.
Mayor Labadie noted that she had spoken recently with First Student Transportation and was told
that they can use any bus driver that they can get. She stated that right now they can hire up to
twenty-two drivers for the local Minnetonka school district and will provide the necessary training.
She explained that currently there is only busing for varsity and junior varsity sports. She
expressed her appreciation to Communications Director Julie Moore and Park and Recreation
Director Grout for organizing the Movie in the Park event which was unfortunately cancelled due
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 12, 2022
Page 11 of 11
to weather. She noted that the event will not be rescheduled and will just resume next year. She
stated that Oktoberfest will take place on October 1, 2022 from 5:30-7:30 p.m. at the Shorewood
Community and Event Center. She noted that she attended the regional conference of mayors
earlier today where there were about twenty-five other mayors in attendance.
10. CLOSED SESSION
- Alex and Elena Ugorets V. City of Shorewood, Civ. No. 21-1446 (D. Minn)
- Alan Yelsey V. City of Shorewood, OAH 5-0305-38230 (Office of Administrative
Hearings)
Siakel moved, Johnson seconded, to move into Closed Session pursuant to Minn. State
Stat. 13D.05, Subd 3.b for a confidential attorney-client privilege discussion of litigation
matters. All in favor, motion passed. Closed session began at 8:41at p.m.
Mayor Labadie adjourned the Closed Session at 9:24 p.m. and reconvened the Regular
Session meeting at 9:24 p.m..
Mayor Labadie explained that the Council had been in a closed session pursuant to Minn. State
Stat. 13D.05, Subd. 3.b. for confidential attorney-client privilege discussions and was returning to
their regular meeting at 9:24 p.m.
11. ADJOURN
Johnson moved, Callies seconded, Adjourning the City Council Regular Meeting of
September 12, 2022, at 9:25 P.M. All in favor, motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2D
Title/Subject: Retail Tobacco License for Shorewood Tobacco Corp.
MEETING TYPE
Meeting Date: Monday, September 26, 2022
Regular Meeting
Prepared by: Sandie Thone, City Clerk
Reviewed by: Brenda Pricco, Deputy Clerk
Attachments: Resolution 22-088
Background: Pursuant to Section 302 (Sale of Tobacco) and 1301 (Municipal Fees) of
Shorewood City Code retailers within the city limits who wish to sell tobacco products are
required to obtain a license from the city. The Shorewood City Code provides that an applicant
complete an application and pay a licensing fee.
The following applicant has successfully submitted a complete application, successfully passed
a background investigation through South Lake Minnetonka Police Department (SLMPD), paid
the current annual tobacco license fee of $250 and signed and is compliant with all
requirements for obtaining a license and has agreed to abide by the city code tobacco licensing
requirements. This section of code includes providing access to the police department during
regular business hours and an annual compliance check. In addition, since the applicant is
coming up on the annual renewal period effective November 1, 2022, the license period is
extended and a prorated fee calculated for the period of September 27, 2022 through October
31, 2022 equating to an additional fee of $25.00. The period of this license to sell tobacco in the
City of Shorewood is effective September 27, 2022 through October 31, 2023.
Azhar Al-Abboodi: Shorewood Tobacco Corp. located at 19905 Highway 7, Shorewood, MN
55331.
Financial or Budget Considerations: The licensing fees collected as revenue offset the
expense of issuing the permits pursuant to the Shorewood City Fee Schedule and City Code
Section 1301 (Municipal Fees).
Recommendation/Action Requested:
Motion: Staff respectfully requests the city council approve Resolution 22-088 License to Azhar
Al-Abboodi: Shorewood Tobacco Corp. located at 19905 Highway 7, Shorewood, MN 55331 to
Sell Tobacco Products for the period of September 27, 2022 through October 31, 2023.
Motion, Second, and Simple Majority required.
Connection to Vision/Mission: Consistency in providing the community with quality public
services, 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
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-088
A RESOLUTION APPROVING A LICENSE TO
TO SELL TOBACCO PRODUCTS
IN THE CITY OF SHOREWOOD TO SHOREWOOD TOBACCO CORP.
WHEREAS, Sections 302 of the Shorewood City Code provide for the licensing of the
sale of tobacco products in the city and requires all licensees comply with the code; and
WHEREAS, the Shorewood City Code provides that an applicant shall complete an
application, pay a licensing fee, and successfully pass a background investigation; and
WHEREAS, the following applicant has satisfactorily completed an application, paid the
appropriate fee, and passed a background investigation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
That a License for the sale of tobacco products be issued for a term from
September 27, 2022 to October 31, 2023, consistent with the requirements and
provisions of Chapter 302 of the Shorewood City Code to the following applicant:
Applicant Address
Azhar Al-Abboodi 19905 Highway 7
to Shorewood Tobacco Corp. Shorewood, MN 55331
ADOPTED by the City Council of the City of Shorewood this 26th day of September 2022
_______________________________
ATTEST: Jennifer Labadie, Mayor
____________________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2E
Title/Subject: Temporary On-Sale Liquor License for Oktoberfest
MEETING TYPE
Meeting Date: Monday, September 26, 2022
Regular Meeting
Prepared by: Sandie Thone, City Clerk/HR Director
Reviewed by: Twila Grout, Park/Rec & Community Center Director
Miechelle Norman, Administrative Assistant
Attachments: Resolution 22-089
Policy Consideration: Shorewood City Code, Chapter 401 provides that no person may directly or
indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or
otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the
required license or permit.
Temporary On-Sale Liquor License for Oktoberfest Community Event for Excelsior Brewing:
The MN Department of Public Safety, Alcohol and Gambling Division (AGE) allows for the Permit of a 1-4
day Temporary On-Sale Liquor License for specific organizations including small brewers in conjunction
with a community festival pursuant to MN Statute §340A.404, Subd.4.
Background:
The following establishment is requesting council consideration in issuing a temporary liquor license for
the City’s Oktoberfest event being held on October 1, 2022 from 5:30 p.m. to 7:30 p.m.at the Shorewood
Community and Event Center located at 5735 Country Club Road, Shorewood, MN 55331:
Applicant Address License_______
Excelsior Brewing 421 Third Street Temporary On-Sale Liquor License
Randy Howe, Vice President Excelsior, MN 55331
Excelsior Brewing is donating the beer for sampling at the community festival; Oktoberfest, pursuant to
the EBC donation qualifications. Wine is being purchased through MGM Liquor located at 5660 County
Road 19 in Shorewood, which is covered under the contract service portion of the permit application. The
beer and wine samples will be provided at no charge to the public. Temporary Liquor License fees
pursuant to the City’s Master Fee Schedule are $25 per license although the council has the authority to
waive this fee for non-profits and community events as they see appropriate. Staff is asking that council
waive the fee of $25 and approve the permit at no-charge to the applicants as this is a free community
event put on by the City of Shorewood.
In addition, it is required to have liquor liability insurance for the event when alcohol will be served, which
the City has obtained from the League of MN Cities Insurance Trust (LMCIT).
Financial or Budget Considerations:
Cost of the Liquor Liability Insurance with LMCIT is $250.00 for this event only.
Recommendation/Action Requested:
Staff respectfully recommends the city council approve Resolution 22-089 Approving a Temporary On-
Sale Liquor License effective upon the State of Minnesota, Department of Public Safety, Alcohol
and Gambling Enforcement approval for Excelsior Brewing located at 1421 Third Street in
Excelsior for the Oktoberfest event at Shorewood Community and Event Center on October 1,
2022 and waive the permit fee. Motion, second, and simple majority vote required.
Connection to Vision /Mission:
Consistency in providing the community with quality public services and a variety of attractive amenities.
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 22-089
A RESOLUTION APPROVING A TEMPORARY ON-SALE LIQUOR LICENSE FOR
EXCELSIOR BREWING IN CONJUCTION WITH OKTOBERFEST
WHEREAS, Shorewood City Code, Chapter 401 provides that no person may directly or
indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or
otherwise dispose of alcoholic beverages as part of a commercial transaction without having
obtained the required license or permit; and
WHEREAS, in addition to the requirements set forth by the Minnesota Department of Public
Safety, Alcohol and Gambling Enforcement Division, Shorewood City Code provides that the
applicant shall complete an application for a temporary on-sale liquor license in conjunction with
a community festival and fulfill insurance coverage requirements; and
WHEREAS, the following applicant successfully completed the application process, satisfying
the requirements as delineated above for the issuance of a temporary on-sale liquor license
issued for the period of October 1, 2022 to October 2, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the
following license issued to the applicant as follows is approved:
Applicant Address License_______
Excelsior Brewing 421 Third Street Temporary On-Sale
Randy Howe, Vice President Excelsior, MN 55331
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of September 2022.
_______________________________
Jennifer Labadie, Mayor
______________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2F
Title/Subject: Resolution Approving Revisions to SLMPD JPA
Meeting Date: Monday, September 26, 2022
MEETING
Prepared by: Ed Shukle, Interim City Administrator
TYPE
Regular
Reviewed by:
Meeting
Attachments: Resolution 22-090
Policy Consideration: Pursuant to Minnesota State Statutes …
Background: The City of Shorewood is part of a Joint Powers Agreement (JPA) for
police services under the South Lake Minnetonka Public Safety Department (SLMPD).
The JPA establishes the police department and the JPA document has been
undergoing some recent review by the City Administrators/Managers of Shorewood,
Excelsior, Greenwood and Tonka Bay, cities that form the SLMPD.
Attached is a “redlined” version of the JPA as well as a “clean” version of the document.
Each City Council must approve the revisions for them to go into effect beginning on
January 1, 2023.
Financial Considerations: None
Action Requested: Staff respectfully recommends the city council approve the JPA as
recommended.
Motion, Second and Approve.
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
South Lake Minnetonka Police Department
Joint Powers Agreement
TO PROVIDE FULL-TIME POLICE PROTECTION AND SERVICE FOR THE
CITIES OF EXCELSIOR, GREENWOOD, SHOREWOOD, AND TONKA BAY
DRAFT 08.30.22 FOR 01.01.23 EFFECTIVE DATE
The parties to this Joint Powers Agreement (“JPA” or “Agreement”) are the municipalities of Excelsior, Greenwood,
Shorewood, and Tonka Bay of the State of Minnesota which have the responsibility for providing for law enforcement within
their respective cities so as to enforce the ordinances of these cities and the laws of the State of Minnesota. The original
police department JPA for the parties was executed in 1973.This updated Agreement is made pursuant to Minnesota
Statutes, Section 471.59.
Section 1: General Purpose
The general purposes of this Agreement are to continue employment of a full-time Chief of Police to act on behalf of the
parties to this Agreement and to provide assistance to the Chief of Police in the form of police officers, community service
officers, administrative staff, police facility, equipment, and supplies as may be necessary so as to provide the parties with
law enforcement services in the discharge of the duties imposed upon said municipalities to protect and serve the health
and welfare of their citizens and property located within their cities. It is the opinion of the parties to this Agreement that
continued joint action to operate a joint police department to serve the four communities will continue to result in a higher
standard of police service, closer control of the police force by the municipalities it serves, and more efficiency and financial
savings to the communities.
Section 2: Definition of Terms
For the purpose of this Agreement, the terms in this section shall have the following meanings:
A. “Committee” means the organization created under this Agreement, the full name of which is the “Coordinating
Committee for the South Lake Minnetonka Police Department.”
B. “Committee member” means a member of the Committee.
C. “Council” means the governing body of the governmental unit which is a party to this Agreement.
D. “Governmental unit” means a city or municipality.
E. “Operating Committee” means the chief administrative officer of each of the parties.
F. “Original party” means a governmental unit which elects to become one of the original parties to this Agreement.
G. “Later party” means a governmental unit which enters into this Agreement at some time after the Coordinating
Committee is originally constituted.
H. “Party” means governmental unit which enters into this Agreement.
I. “SLMPD” means the “South Lake Minnetonka Police Department,” which shall be the name of the police force created
hereunder.
J. “Unanimous agreement of the parties” means that the measure is approved by a majority vote of council members
present at the council meetings of each of the parties. If one or more of the councils does not approve the measure on
a majority vote, there is no unanimous agreement.
K. “ICR” means Incident Call Reports as compiled for each of the parties by the SLMPD. The ICR numbers used for the
funding formula do not include citations.
L. “Supplemental Services” means any additional police services requested and paid by any of the parties separate from
the operating budget.
Section 3: Governing Body
Subdivision 1. The Committee, consisting of one Committee member from each party, shall be the governing body. Each
Committee member shall have an equal voice in the affairs of the Committee.
Subdivision 2. The person holding the office of mayor of a party to this Agreement shall be a Committee member and serve
on the Committee as representative of said party. An alternate Committee member may be appointed by the council of
each party from the members of said council to serve for a term of one calendar year and represent said party on the
South Lake Minnetonka Joint Powers Agreement | DRAFT 08.30.22 FOR 01.01.23 EFF DATE | Page 1 of 7
Committee in the absence of the mayor. The Committee member and alternate shall serve without compensation from the
Committee.
Subdivision 3. A majority of the Committee members shall constitute a quorum at meetings of the Committee.
Subdivision 4. A vacancy on the Committee shall be filled by the council of the parties whose position on the Committee is
vacant. No Committee member shall be eligible to vote on behalf of his / her party during the time that such party is in
default on any financial payment required to be paid under the terms of the Agreement nor shall the vote of such party be
counted for the purposes of determining a quorum.
Section 4: Officers & Meetings
Subdivision 1. The chair and vice chair shall be determined on a rotating basis at the first meeting of each year. The chair
shall facilitate meetings and execute all financial and legal instruments of the Committee. The vice chair shall assume all
duties of the chair in the event the chair is unable to fulfill the duties of the position.
Subdivision 2. Regular meetings of the Committee shall be held once each quarter as follows: The second Wednesday of
January, the second Wednesday of April, the second Wednesday of July, and the second Wednesday of October. Any
regular meeting date may be rescheduled by unanimous agreement of Committee members. The purpose of the regular
meetings shall be to set budgets, review expenditures, and discuss / take action on other operating matters. Special
meetings shall be at the call of any Committee member. Notice of such a meeting shall be posted and provided by the
SLMPD in accordance with state statutes.
Subdivision 3. Business of the Committee shall be conducted according to Roberts Rules of Order.
Section 5: Powers & Duties of the Committee
Subdivision 1. The powers and duties of the Committee shall include the powers set forth in this section.
Subdivision 2. It shall establish qualifications and duties for the position of Chief of Police of the SLMPD.
Subdivision 3. It shall hire said person to act as Chief of Police for the SLMPD at such salary and in accordance with such
terms and conditions of employment as it shall determine. It also has the authority to discipline and terminate the Chief of
Police.
Subdivision 4. It shall approve new positions (e.g. Deputy Chief, Drug Task Force Officer, etc).
Subdivision 5. It shall approve union contracts by unanimous vote of the Committee.
Subdivision 6. It shall provide office space, equipment, and supplies as necessary to accomplish the duties and
responsibilities of law enforcement within the boundaries of the parties.
Subdivision 7. It shall select a qualified accounting / auditing firm to prepare financial statements and conduct an annual
financial audit. All of its books, reports, and records shall be available for and open to examination by the parties at
reasonable times.
Subdivision 8. It may accumulate reasonable reserve funds for the purposes as here in provided and it may invest funds of
the Committee not currently needed for its operations in a manner and subject to the laws of Minnesota applicable to cities.
Subdivision 9. It may collect monies from parties subject to this Agreement. It may recommend changes in this Agreement
to the parties which shall be effective, however, only upon unanimous agreement of the governing bodies of all parties.
Subdivision 10. It shall exercise general supervision over the law enforcement and standards of law enforcement for the
parties.
Section 6: Operating Committee
The powers and duties of the Operating Committee shall include the following:
A. Advising the Coordinating Committee.
B. Meeting with the Chief of Police once per month.
C. Participating in labor negotiations on a rotating basis.
D. Other duties and projects as assigned by the Coordinating Committee.
South Lake Minnetonka Joint Powers Agreement | DRAFT 08.30.22 FOR 01.01.23 EFF DATE | Page 2 of 7
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Section 7: Financial Matters
Subdivision 1. Except as otherwise provided herein, the Committee funds may be expended by the Committee in
accordance with procedures established by law for the expenditure of funds by Minnesota cities. Orders, checks, and
drafts shall be signed by two persons. Authorized signers shall be the Committee chair, Committee vice chair, Chief of
Police, 2nd in command officer, and the SLMPD administrator.
Subdivision 2.
A. The allocation for funding the SLMPD operations, other than for any party’s separately contracted services, shall be set
taking into consideration the Member Cities’ tax capacity, ICR statistics, and population using the formula shown on the
attached Exhibit 1.
B. The operations funding percentages were last revised in July 2021 for 2022-26 budgets and shall continue to be
reviewed and adjusted in five-year increments (in 2026 for 2027-31 budgets, etc). The comparison of the tax capacity,
ICRs, and population will be made for each subsequent five-year period with the data as shown in Exhibit 1.
C. Each Member City shall fund the SLMPD the full amount of the allocation pursuant to the terms of the JPA.
D. The Approved Annual Operating Budget for each year shall be determined in advance by unanimous agreement of the
parties. If the parties do not unanimously agree on the Approved Annual Operating Budget by September 1st of each
year, the amount of the previous year’s Approved Annual Operating Budget will be increased by the lesser of the
following to arrive at the Approved Annual Operating Budget:
a) The increase in the region’s Consumer Price Index for All Urban Customers (CPI-U) based on the previous June-
to-June information available in July of each year; or
b) The percentage increase in the most restrictive statutory levy limit applicable to the budget year placed on any of
the parties over the levy limit for that party for the prior year.
c) In the event that (a) or (b) decreases, the operating budget shall remain the same.
The above (a), (b), and (c) paragraphs apply only to operating expenses not governed by wage or benefit increases
required by any union contracts. All parties must pay wage or benefit increases as required by union contracts; other
expenses can have ceilings applied per (a), (b), and (c) above Adoption of an Approved Annual Operating Budget
Formatted: Not Highlight
pursuant to this subdivision shall entitle each party to full and complete SLMPD services funded by the SLMPD annual
operating budget and preclude delivery of multiple tiers or levels of services to parties.
E . Parties may contract with the SLMPD for supplemental services delivered by separately dedicated personnel outside of
the approved budget by unanimous agreement of the parties. The amount charged for supplemental services shall be
capped at 115% of the actual hourly cost of pay, insurance, uniforms, gear, and training for an officer with 1 year of
service. Agreement to provide such supplemental services shall not be unreasonably withheld.
F. By unanimous agreement, the parties may establish a Capital Improvement Fund (CIF) for capital improvements for
police facilities. The CIF funding formula shall be calculated annually in May based on the most current Net Tax
Capacity plus Increment for each of the parties posted on the Hennepin County website. CIF budgets must be
approved by a unanimous agreement of the parties. The CIF shall only be used for new buildings / facilities or the
expansion of existing buildings / facilities and not for the replacement of carpet, roofs, HVAC systems, etc. in the
existing buildings or for maintenance of existing buildings.
Section 8: Duration
This Agreement shall take effect January 1, 2023 and continue unless amended by unanimous agreement of the parties.
Any party may request review of this agreement at any time.
Section 9: Adding Parties
Subdivision 1. Any other governmental unit may become a later party to this Agreement upon unanimous agreement of the
parties to this Agreement.
Subdivision 2. Details regarding process, funding, additional personnel, etc. will be recommended by the Committee and
must be approved by unanimous agreement of the parties to this agreement.
South Lake Minnetonka Joint Powers Agreement | DRAFT 08.30.22 FOR 01.01.23 EFF DATE | Page 3 of 7
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Section 10: Withdrawal
Subdivision 1. Any party may withdraw from this Agreement subject to the provisions below:
A. Written notice of withdrawal must be made by filing notice with the Committee by May 1 for withdrawal commencing
January 1 eight months after May 1.
(1) Notice after May 1 will require the withdrawing party to wait an additional year.
(2) Notice before May 1 will not advance the commencement of the withdrawal; withdrawal will commence on January
1 eight months after May 1.
B. All capital equipment remains the property of the SLMPD.
C. Budget approval moves to a majority of the parties.
D. A withdrawing party shall continue to have an ownership interest in the building. The ownership interest shall not
include a right of use or occupation but shall entitle the party to its pro rata share of any revenue generated through the
lease, sale, or other conveyance of the building. The pro rata share shall be commensurate with the percentage based
on the most current Adjusted Net Tax Capacity for each of the parties posted on the Hennepin County website.
Subdivision 2. In the event the corporate existence of a party is terminated, or a party is consolidated with another
municipality not a party to this Agreement, then the obligations of such party hereunder shall cease as of the effective date
of such termination or consolidation. If said effective date shall occur at a time other than the end of a budget year, the
withdrawing party’s financial obligation for the budget year in progress at the time of said effective date shall be pro-rated
for such budget year as of said effective date. The withdrawal of a party under this subdivision shall not automatically
terminate this Agreement or the obligations of the remaining parties. Following such a withdrawal, the percentage of the
approved budget payable for each remaining party shall be calculated by dividing a party’s percentage, as set forth in
Section 7, by the sum of the percentages of all remaining parties.
Subdivision 3. In the event that a party is added to this Agreement, such party shall have no ownership interest in the
building.
Section 11: Dissolution
Cash assets and proceeds from non-cash assets held by the Committee at the time of dissolution to this Agreement shall
be divided and distributed to the parties in proportion to the contributions made by the parties to the total cost of law
enforcement during the period of this Agreement. If the cities cannot agree with respect to the value of non-cash assets,
two appraisers will be selected by the Committee to appraise the non-cash assets. The two appraisers so selected will
select a third appraiser. The values as determined by a majority of the appraisers shall be attributed to the non-cash assets
in question. Cost of appraisers shall be paid by the parties using the funding formula at the time of the dissolution.
Section 12: Officers & Employees
Subdivision 1. The Chief of Police employed by the Committee shall serve as Chief of the SLMPD and shall have the
following duties and be invested with the following authority:
A. Shall be in full and complete charge of all personnel matters and employees of the department including sworn and
non-sworn.
B. Shall set standards of performance of police officers and non-sworn employees.
C. Shall be in complete charge of all matters relating to law enforcement and to its administration, including assignment of
duty and responsibilities to all employees.
D. Shall interview and consider applications for employment of all employees and shall make all hiring and termination
decisions.
E. Shall discipline all employees, sworn, and non-sworn.
F. Shall be responsible for all labor grievance matters. Such actions shall be in accordance with the laws of the State of
Minnesota and outstanding contractual agreements governing the same.
Subdivision 2. The Chief of Police shall be responsible for developing new job descriptions for various positions within the
department deemed necessary for the efficient operation of the department.
Formatted: Font: 5 pt
Subdivision 3. It shall be the duty and responsibility of the Chief of Police to communicate directly with the respective
councils of the member cities in the event the Chief of Police deems it necessary to receive direction on any matter arising
out of or involving the jurisdiction of any particular council.
South Lake Minnetonka Joint Powers Agreement | DRAFT 08.30.22 FOR 01.01.23 EFF DATE | Page 4 of 7
Subdivision 4. All police officers Committee, including the Chief of Police, shall enforce and be provided authority to
enforce the laws of the parties to this Agreement through proper action of the council of said parties. The Committee shall
assume all obligations with regard to Worker’s Compensation, PERA, withholding tax, insurance, union negotiations, fringe
benefits, Social Security, and the like for all employees including the Chief of Police, all police officers, community service
officers, and administrative staff.
Section 13: Prosecution – Violation of Ordinances & Laws
The respective parties to this Agreement shall be responsible for and pay the cost of all prosecutions for violations
occurring within their respective boundaries which are subject to prosecution by a party’s municipal attorney, including
expenses incurred by reason of police officers making their services available for court appearances in such prosecutions.
All returns of fines from district court shall be the sole property of the party in whose jurisdiction the offense occurred.
Section 14: Dispute Resolution
When any party has a dispute regarding the Agreement, that party may initiate a dispute resolution process by submitting a
written statement outlining the dispute to the Committee at one of its regularly scheduled meetings. The members of the
Committee will then bring that dispute to their respective councils at their normally scheduled council meetings. The
Committee will meet to discuss the dispute at its next regularly scheduled meeting after the councils of all parties have
reviewed the statement of dispute at their regularly scheduled council meetings; the Committee has a 90-day period to
resolve the dispute commencing with this meeting.
If the dispute is not resolved within the 90-day period, the aggrieved party has the right to demand that the Committee
forward the dispute to an appropriate mediation service. The costs of the mediator will be paid for by the aggrieved party
unless decided otherwise by majority consent of the Committee.
If the mediation process does not bring consensus regarding resolution of the disputed issue, the aggrieved party may
submit the issue to binding arbitration 90 days following the commencement of mediation. This date may be extended with
unanimous consent of the Committee. The aggrieved party’s right to submit the dispute to arbitration expires 150 days after
the commencement of mediation. This expiration deadline can be extended with unanimous consent of the Committee.
The parties shall share the cost of the arbitration process in the same proportion as they are sharing the operating budget
at the time the dispute resolution process is initiated. Each party shall bear the costs of its own representation in the
mediation and arbitration processes. The arbitrator or arbitration panel shall be selected by mutual agreement of the
parties and shall have the authority to order that any party bringing a frivolous or unfounded dispute be required to pay the
costs of the arbitration process. The provisions of Minn. Stat. § 549 .211 shall be used to determine whether a dispute is
frivolous or unfounded. In the event that the parties cannot agree on an arbitrator or arbitration panel within 30 days of the
date on which the aggrieved party initiates arbitration, the aggrieved party shall select one arbitrator, the other parties shall
select another, and the two selected arbitrators shall select a third.
Repeal of Memorandum of Understanding
The Memorandum of Understanding dated February 13, 2002 is hereby repealed.
South Lake Minnetonka Joint Powers Agreement | DRAFT 08.30.22 FOR 01.01.23 EFF DATE | Page 5 of 7
The Cities of Excelsior, Greenwood, Shorewood, and Tonka Bay have caused this Agreement to be executed in their
behalf by their proper officers duly authorized by resolution of their respective city councils.
BY THE CITY OF EXCELSIOR
________________________________________________________
Todd R. Carlson, Mayor Date
BY THE CITY OF GREENWOOD
________________________________________________________
Debra J. Kind, Mayor Date
BY THE CITY OF SHOREWOOD
________________________________________________________
Jennifer Labadie, Mayor Date
BY THE CITY OF TONKA BAY
________________________________________________________
Adam Jennings, Mayor Date
South Lake Minnetonka Joint Powers Agreement | DRAFT 08.30.22 FOR 01.01.23 EFF DATE | Page 6 of 7
Exhibit A
Referenced in Section 7
ARBITRATION REALLOCATION FORMULA FOR SLMPD OPERATING FUND | 2017-2021
REALLOCATION FORMULA FOR SLMPD OPERATING FUND | 2022-2026
Revised 02-05-16
Revised 07.07.21 – CORRECTION MADE TO FOOTER YEARS ON 05.19.22
POPULATION BASELINEPOPULATION 2010-2014
POPULATION BASELINEPOPULATION 2015-2019
%% o o f f % %o f of
20052006200720082009AverageAvg. Total20102011201220132014AverageAvg. Total
20102011201220132014AverageAvg. Total20152016201720182019AverageAvg. Total
Excelsior 2,380 2,395 2,437 2,382 2,360 2, 39119.4371% 2, 188 2,203 2,235
2,284 2,273 2, 23718.9299%
Excelsior 2,188 2,203 2,235 2,284 2,273 2 ,23718.9299% 2 ,262 2,225 2,352 2 ,321 2,566 2 ,34519.1470%
Greenwood 759 814 818 804 806 800 6.5056% 688 688
698 693 689 691 5.8501%
Greenwood 688 688 698 693 689 6 915.8501% 7 02 703 724 7 06 708 7 095.7852%
Shorewood 7,551 7,499 7,611 7,582 7,618 7, 57261.5616% 7, 307 7,312 7,438
7,524 7,425 7, 40162.6413%
Shorewood 7,307 7,312 7,438 7,524 7,425 7 ,40162.6413% 7 ,458 7,496 7,708 7 ,693 7,934 7 ,65862.5208%
Tonka Bay 1,545 1,525 1,534 1,532 1,549 1, 53712.4957% 1, 475 1,477 1,499
1,492 1,488 1, 48612.5787%
Tonka Bay 1,475 1,477 1,499 1,492 1,488 1 ,48612.5787% 1 ,509 1,558 1,526 1 ,550 1,541 1 ,53712.5469%
12, 235 12, 233 12, 400 12, 300 12, 333 12, 300100.0000% 11, 658 11, 680 11, 870 11, 993
11, 875 11, 815100.0000%
1 1,658 1 1,680 1 1,870 1 1,993 1 1,875 1 1,815100.0000% 1 1,931 1 1,982 1 2,310 1 2,270 1 2,749 1 2,24899.9999%
TAX CAPACITY BASELINETAX CAPACITY 2011-2015
TAX CAPACITY BASELINETAX CAPACITY 2016-2020
% of % of
% of% of
20112012201320142015AverageAvg. Total20162017201820192020AverageAvg. Total
20062007200820092010AverageAvg. Total20112012201320142015AverageAvg. Total
Excelsior 3 ,779,156 3 ,716,579 3 ,579,833 3 ,649,970 4 ,226,789 3 ,790,46513.3031% 4 ,638,729 4 ,973,275 5 ,436,784 5 ,774,617 6 ,235,205 5 ,436,96715.9172%
Excelsior 3, 334,776 3, 917,784 4, 245,911 4, 397,510 4, 235,792 4, 026,35513.3040% 3, 779,156 3, 716,579 3, 579,833 3, 649,970 4, 226,786 3, 790,46513.3031%
Greenwood 3 ,379,736 3 ,171,651 3 ,085,462 2 ,895,345 3 ,241,439 3 ,154,72711.0719% 3 ,387,471 3 ,749,653 3 ,960,542 4 ,090,777 4 ,444,257 3 ,915,86411.4640%
Greenwood 2, 447,073 2, 894,806 3, 377,856 3, 688,315 3, 713,570 3, 224,32410.6539% 3, 379,736 3, 171,651 3, 085,462 2, 895,345 3, 241,439 3, 154,72711.0719%
Shorewood 1 6,775,778 1 5,908,723 1 5,114,127 1 4,865,833 1 6,027,049 1 5,738,30255.2353% 1 6,798,414 1 7,582,141 1 8,738,484 1 9,376,580 2 0,198,532 1 8,498,47354.1558%
Shorewood 14, 477,835 16, 319,066 17, 798,714 18, 513,585 18, 269,931 17, 075,82656.4224% 16, 775,778 15, 908,723 15, 114,127 14, 865,833 16, 027,049 15, 738,30255.2353%
South Lake Minnetonka Joint Powers Agreement | DRAFT 08.30.22 FOR 01.01.23 EFF DATE | Page 7 of 7
Tonka Bay 6 ,353,445 5 ,988,563 5 ,554,383 5 ,356,098 5 ,796,033 5 ,809,70420.3898% 5 ,882,972 6 ,190,423 6 ,590,064 6 ,681,790 6 ,730,124 6 ,306,54818.4630%
Tonka Bay 4, 609,014 5, 358,772 6, 148,162 6, 748,501 6, 824,277 5, 937,74519.6197% 6, 353,445 5, 988,563 5, 554,383 5, 356,098 5, 796,033 5, 809,70420.3898%
3 0,288,115 2 8,785,516 2 7,333,805 2 6,767,246 2 9,291,310 2 8,493,198100.0001% 2 9,855,742 3 1,344,715 3 3,186,305 3 5,474,934 3 6,891,981 3 4,157,852100.0000%
24, 868,698 28, 490,428 31, 570,643 33, 347,911 33, 043,570 30, 264,250100.0000% 30, 288,115 28, 785,516 27, 333,805 26, 767,246 29, 291,307 28, 493,198100.0001%
ICR BASELINEICRs 2011-2015
ICR BASELINEICRs 2016-2020
% of % of
% of% of
20112012201320142015AverageAvg. Total20162017201820192020AverageAvg. Total
20062007200820092010AverageAvg. Total20112012201320142015AverageAvg. Total
Excelsior19512116219226932354 2 ,26135.6634%23982129181918721700 1 ,98435.7071%
Excelsior21592044231620862150 2, 15135.3597%19512116219226932354 2, 26135.6634%
Greenwood286270332360401 3 305.2016%376352319383387 3 636.5416%
Greenwood341352382352385 362 5.9574%286270332360401 330 5.2016%
Shorewood26802610328433733175 3 ,02447.7005%27962697271426212516 2 ,66948.0415%
Shorewood31422823319029282831 2, 98349.0334%26802610328433733175 3, 02447.7005%
Tonka Bay659606677822861 7 2511.4346%577577525551467 5 399.7098%
Tonka Bay596537695598509 587 9.6495%659606677822861 725 11.4346%
5 ,576 5 ,602 6 ,485 7 ,248 6 ,791 6 ,340100.0001% 6 ,147 5 ,755 5 ,377 5 ,427 5 ,070 5 ,555100.0000%
6, 238 5, 756 6, 583 5, 964 5, 875 6, 083100.0000% 5, 576 5, 602 6, 485
7, 248 6, 791 6, 340100.0001%
Column AColumn BColumn CColumn D
Column AColumn BColumn CColumn D
Totals for Totals for
Totals forTotals for
1/3 Pop1/3 Tax Cap1/3 ICRs1/3 Pop1/3 Tax Cap1/3 ICRsDifferenceArbitrationC+D = New
1/3 Pop1/3 Tax Cap1/3 ICRs1/3 Pop1/3 Tax Cap1/3 ICRsDifferenceArbitrationC+D = New
2005-2010-2 2009 0142 2006-011-2 2010 0152 2006-011-2 2010 0155 5--Y Y e ear ar A A v vg g 20 2010-15-20 2014 2020 2011-16-20 2015 2120 2011-16-20 2015 21 5-5 Y-ear Yea A r vg Av gC
ol Co um l.n A A& &B B Al A lo ll ca c t a io ti n on Al A l l o lo c c a a ti t o i n n
Excelsior6.4790%4.4347%11.7866%22.7003%6.3100%4.4344%11.8878%22.6322%-0.0681%27.0000%26.9319%
Excelsior6.3100%4.4344%11.8878%22.6322%6.3823%5.3057%11.9024%23.5904%0.9582%27.0000%27.9582%
Greenwood2.1685%3.5513%1.9858%7.7056%1.9500%3.6906%1.7339%7.3745%-0.3311%8.0000%7.6689%
Greenwood1.9500%3.6906%1.7339%7.3745%1.9284%3.8213%2.1805%7.9302%0.5557%8.0000%8.5557%
Shorewood20.5205%18.8075%16.3445%55.6725%20.8804%18.4118%15.9002%55.1924%-0.4801%50.0000%49.5199%
Shorewood20.8804%18.4118%15.9002%55.1924%20.8403%18.0519%16.0138%54.9060%-0.2864%50.0000%49.7136%
Tonka Bay4.1652%6.5399%3.2165%13.9216%4.1929%6.7966%3.8115%14.8010%0.8794%15.0000%15.8794%
Tonka Bay4.1929%6.7966%3.8115%14.8010%4.1823%6.1543%3.2366%13.5732%-1.2278%15.0000%13.7722%
T TO O TA TA L L3 33.3.3 3332%333%3 33.3.3 3334%333%3 33.3.3 3334%334%1 100.00.0 0000%001%33 33..33 3333%33%33 33..33 3334%32%33 33..33 3334%33%100.99 0001%.9998%100.100 0000%.0000%100.99
0001%.9997%
In 2021 the formula will be adjusted for 2022-2026 using Column B percentages as the new baseline numbers for Column A.
In 202 6 the formula will be adjusted for 202 7-203 1 using Column B percentages as the new baseline numbers for Column A,
The numbers for the new averages will be from 2015 to 2019 for population and from 2016 to 2020 for tax capacity and ICRs.
and the numbers for the new averages will be from 2020-2024 for population, and from 2021-2025 for tax capacity and ICRs.
Going forward the same reallocation formula is used every 5 years.
Going forward the same reallocation formula is used every 5 years.
Tax Capacity Source: Hennepin County 'Adjusted Net Tax Capacity'
Tax Capacity Source: Hennepin County 'Adjusted Net Tax Capacity'
ICR Source: SLMPD - does not included citations
ICR Source: SLMPD - does not include citations
Population Source: Met Council
Population Source: Met Council
RESOLUTION NO. 22-090
CITY OF SHOREWOOD
HENNEPIN COUNTY
STATE OF MINNESOTA
A RESOLUTION APPROVING THE SOUTH LAKE MINNETONKA POLICE
DEPARTMENT JOINT POWERS AGREEMENT
WHEREAS, the parties to the Joint Powers Agreement (“JPA” or “Agreement”) are the
municipalities of Shorewood, Excelsior, Greenwood, and Tonka Bay of the State of
Minnesota which have the responsibility for providing for law enforcement within their
respective cities so as to enforce the ordinances of these cities and the laws of the
State of Minnesota;
WHEREAS, the original police department JPA for the parties was executed in 1973;
WHEREAS, the updated Agreement is made pursuant to Minnesota Statutes, Section
471.59;
WHEREAS, the general purposes of the Agreement are to continue employment of a
full-time Chief of Police to act on behalf of the parties to the Agreement and to provide
assistance to the Chief of Police in the form of police officers, community service
officers, administrative staff, police facility, equipment, and supplies as may be
necessary so as to provide the parties with law enforcement services in the discharge of
the duties imposed upon said municipalities to protect and serve the health and welfare
of their citizens and property located within their cities; and
WHEREAS, it is the opinion of the parties to this Agreement that continued joint action
to operate a joint police department to serve the four communities will continue to result
in a higher standard of police service, closer control of the police force by the
municipalities it serves, and more efficiency and financial savings to the communities.
NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Shorewood,
Minnesota approves the updated South Lake Minnetonka Police Department Joint
Powers Agreement draft dated 08-30-22 with an effective date of 01.01.23 and
authorizes the mayor to sign the Agreement on behalf of the city.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
September, 2022.
___________________________
Jennifer Labadie, Mayor
ATTEST:
________________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-091
A RESOLUTION APPROVING AGREEMENT WITH THE
PROPERTY OWNERS OF 6070 STRAWBERRY LANE,
CITY PROJECT 19-05
WHEREAS, on April 26, 2021 the City of Shorewood (“City”) authorized the preparation
of Plans & Specifications for the Strawberry Lane Street Improvements Project, City
Project 19-05; and
WHEREAS, on September 12, 2022, the City of Shorewood (“City”) approved the Plans
& Specifications for the Strawberry Lane Street Improvements Project and authorized
advertisement for bids; and
WHEREAS, said Improvement Project requires easement acquisition from various
property owners along said project; and
WHEREAS, the City has reached agreement with the property owners of 6070
Strawberry Lane with a Memo of Understanding (MOU) for the City to acquire a
roadway easement for said project; and
WHEREAS, the City will continue to acquire right of entry and easement agreements
with property owners to accommodate drainage, grading, staging, tree removal,
landscaping, and other misc. impacts that are in mutual benefit of the resident and the
city; and
WHEREAS, the project is included in the 2023 Capital Improvements Plan and will fund
the project through a combination of Street & Utility Bonds, Water Fund, Sanitary Fund,
and the Stormwater Fund; and
NOW THEREFORE, IT RESOLVED: that the City Council of the City of Shorewood
hereby approves the agreement with the property owners of 6070 Strawberry Lane,
attached hereto as “Exhibit A” for the Strawberry Lane Improvements Project and
authorizes recording and payment.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26 day of
September 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2H
Title / Subject: Resolution Accepting Boba Tonka Bubble Tea
Donation to Oktoberfest Event
MEETING TYPE
Meeting Date: Monday, September 26, 2022
Regular Meeting
Prepared by: Twila Grout, Park and Recreation Director
Reviewed by: Miechelle Norman, Admin. Asst.
Attachments: Resolution
Policy Consideration: Pursuant to Minnesota State Statutes sections §465.03 and §471.17 all
donations or gifts of real and personal property, including donations for the benefit of public
recreational services, must be accepted by the city council.
Background: The following persons or entities have offered to contribute two(2) gift cards set
forth below, for the purpose of the 2022 Oktoberfest Event that will be held on October 1,
2022:
Name of Donor Amount
Boba Tonka Bubble Tea 2 - $20.00 gift cards
19905 State Hwy 7, Suite E
Action Requested: Staff respectfully recommends the city council approve the Resolution
Accepting Donations as Delineated in the Resolution to the 2022 Oktoberfest Event and direct
staff to send a thank you note to all donors.
Motion, second and two-thirds majority vote required.
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
RESOLUTION 22-092
A RESOLUTION ACCEPTING DONATIONS TO THE
CITY OF SHOREWOOD 2022 OKTOBERFEST
WHEREAS, the City of Shorewood is generally authorized to accept donations of real and
personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens,
and is specifically authorized to accept gifts and is authorized to accept gifts for the benefit of
their public recreational services pursuant to Minnesota Statutes section 471.17; and
WHEREAS, the following persons and entities have offered to contribute two(2) gift cards set
forth below to the city:
Name of Donor Amount
Boba Tonka Bubble Tea $20.00 each gift card
WHEREAS, the terms or conditions of the donations are to be used for the 2022 Oktoberfest
Event; and
WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as
allowed by law; and
WHEREAS, the City Council finds that it is appropriate to accept the donations offered.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. The donations described above are accepted and shall be used to establish and/or operate
services either alone or in cooperation with others, as allowed by law.
2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s
receipt of the donor’s donation.
Passed by the City Council of Shorewood, Minnesota this 26th day of September 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
5A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, SEPTEMBER 13, 2022 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Hirner convened the meeting at 7:02 p.m.
A. Roll Call
Present: Chair Hirner, Commissioners Schmid, Gallivan, and Heinz; City
Council Liaison Johnson; Public Works Director Brown, and Parks
and Recreation Director Grout;
Absent: None
B. Review Agenda
Gallivan moved to approve the agenda as presented. Heinz seconded the motion. Motion
carried 4-0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of August 23, 2022
Heinz moved to approve the minutes of the August 23, 2022 meeting, as written. Gallivan
seconded the motion. Motion carried 4-0.
3. MATTERS FROM THE FLOOR
Jeff Dinsmore, 5805 Minnetonka Drive, passed along his appreciation for the fact that the City
has involved expertise with Integrated Pest Management in dealing with pest management
throughout the City.
4. NEW BUSINESS
A. Pest Management Report – Public Works Director, Larry Brown
Public Works Director Brown explained that this was the first phase of the Integrated Pest
Management report and plan. He noted that the City had contracted with the IPM Institute of
North America to prepare a guiding document for the City regarding alternatives to chemicals and
pesticides. He noted that there are three phases to this document and tonight is just intended to
cover the first phase. He introduced Ryan Anderson of IPM to go over the first phase of the Pest
Management Report.
Ryan Anderson, IPM Institute of North America, gave an overview of Phase 1 of the Pest
Management Report that they have completed for the City. He noted that much of the work has
happened through Midwest Grows Green (MGG) whose mission is to educate and empower
citizens to take sustainable landscaping action that reduces harmful water run-off into the
waterways, protects the health of the most vulnerable citizens, and reduces negative impacts of
PARK COMMISSION MINUTES
TUESDAY, SEPTEMBER 13, 2022
PAGE 2 OF 7
pesticides on non-targeted species such as pollinators. He explained that Phase 1 is a
sustainable landscaping audit; Phase 2 is the three year sustainable landscape management
plan; and Phase 3 is implementation of all the recommendations from the earlier phases. He
noted that IPM was brought in to evaluate the City and their adherence to the Bee-Safe policy.
He reviewed the clauses from the Bee-Safe policy along with their audit findings. He stated that
one thing the City does well is, that they mow no lower than three inches; hired goats to remove
buckthorn; have prescribed burns every few years in some areas; and have no recorded use of
glyphosate for invasive or noxious weed management. He noted that there are areas where there
is room for improvement, such as turf grass being dependent on annual applications of systemic
pesticides and annual emerald ash borer control applications. He reviewed the definition of
‘systemic pesticides’ and noted that the City has been using two products that they consider
‘systemic’ that are in the red or danger classification from MGG. He reviewed the best practices
in the City related to planting flowers that are favorable to bees and other pollinators and gave
examples of native plant buffers around Manor Park Pond; rain gardens at Freeman and Badger
Parks; restored prairie at Gideon Glen; redevelopment of Minnetonka Country Club in 2016 into
walking trails, stormwater ponds, and wetlands. He stated that areas that have room for
improvement in this area include, clover patch at Cathcart Park in 2014; a number of areas that
MGG would classify as ‘Category C’ areas which means low priority areas that could be turned
into pollinator friendly vegetation. He stated that communication with residents will be important
regarding the importance of creating and maintaining pollinator friendly habitats. He noted that
the City does have web pages for yard and tree care as well as information on a Bee-Safe city,
however, they are very hard to find. He stated that their recommendation is for the City to make
them a bit more prominent and increase the resources that the City has for native planting, natural
lawn care, and sustainable landscaping. He noted that the City has not conducted an annual
Bee-Safe City progress report but there are plans to do that in the future.
Mr. Anderson reviewed the specific recommendations for how the City can adhere to and work
on the areas that still have room for improvement. He stated that their first recommendation is to
prioritize the City parks and set management schedules based on a park or fields prioritization.
He stated that they also want to increase cultural controls and practices and also use data for any
fertility needs or weed and pest control. He gave an overview of how the prioritization can occur
for the different areas within the parks and reviewed the different category classifications. Class
A Fields: Freeman and Badger Parks; Class B Fields: Manor and Cathcart Parks; Class C Fields:
Silverwood, Southshore and Gideon Glen Parks. He stated that their recommendation includes
increasing cultural practices on all fields, but at the very least, on the Class A fields. He explained
that this includes mowing at least once a week at 3 inches, but also the possibility of increasing
the frequency in the spring and the fall in order to not take off over 1/3 of the grass blade at a
time. He reviewed irrigation, aeration, and overseeding recommendations. He explained the use
of data points for product purchasing for fertilization, such as soil testing and for weed control the
use of tolerance thresholds. He explained that their overall recommendations were geared
towards turf grass management because the City’s most used areas for systemic pesticides has
been on turf grass. He stated that they have also included recommendations for developing more
pollinator friendly landscaping. He stated that for the Bee-Safe zones, they are recommending
consideration of native plantings at Silverwood, Southshore, and Gideon Glen. He explained that
they took a look at the City’s emerald ash borer treatments and noted that their concern is the
annual use of the product the City is using can get into the trees and the bark and can harm the
150 species of native moth and butterfly larvae. He stated that the City wants to preserve the ash
trees from the emerald ash borer, but the question becomes whether they are effecting the lives
of other pollinators by these applications, but noted that this will need further evaluation. He noted
that IPM just came out of the Phase 2 report yesterday, however, he cannot share too much
PARK COMMISSION MINUTES
TUESDAY, SEPTEMBER 13, 2022
PAGE 3 OF 7
information from it yet, but a few quick take-aways are that the City should invest in the cultural
practices, specifically overseeding and fertilization efforts. He explained that when this gets to
Phase 3 they will be holding quarterly meetings with staff and will develop some kind of community
engagement support.
Commissioner Heinz thanked Mr. Anderson for his presentation and noted that he felt that there
was a lot of thought that went into the recommendations.
Chair Hirner asked about the classification of Silverwood Park as a Class C and noted that the
large field area is used by many families with smaller children and also has a new playground.
He asked if there may be a way to split the recommendations that would apply some Class B
principles to the field area and everything else around it as Class C.
Mr. Anderson reviewed some information from Phase 2 of the report related to Cathcart Park and
explained that they have split the ballfield area as Class A and the ice rink and tennis courts as
Class B and the tree line area as Class C so they can categorize within the parks within different
classifications. He explained that most of their assessment is based on the various uses of the
areas within the parks which sometimes needs communicate engagement to see how they are
really being used.
Chair Hirner asked how they determine the usage of the different areas from a community
perspective.
Mr. Anderson stated that they discovered the most effective way to collect this data was found
when they worked with a community near Madison, WI where they actually walked through the
fields with the community members and through that input came up with the classifications into
the various categories. He noted that they found this approach to be very effective but noted that
the City could also try to gather the same information through a survey.
Chair Hirner asked Public Works Director Brown what the City’s mowing height was on the sports
fields compared to the rest of the parks.
Public Works Director Brown stated that all are at 3 inches.
Chair Hirner asked about the emerald ash borer, the City’s thoughts on the ash trees, and the
danger at this point.
Public Works Director Brown explained that the City had completed a tree inventory of significant
trees on the public land. He stated that they are not planning on injecting all the ash trees, but
are counting on significant removal over time. He stated that following conversations with Davey
Resource Group, they have decided that if there are specific ash trees that are really significant
whose loss would create a void for the community, they have decided to try to protect those. He
stated that the practice has been injecting 30 trees per year every other year. He noted that as
Mr. Anderson mentioned there appears to be new data that shows that injecting every three years
may also be effective.
Patricia Houser, 5805 Minnetonka Drive, asked if there has ever been any consideration for not
doing any injections of the ash trees. She stated that the report mentioned the potential toxicity
to humans, unborn children, bees and ground water. She gave a brief overview of what she has
found about the eating needs and habits of baby birds and the decreasing bird population. She
PARK COMMISSION MINUTES
TUESDAY, SEPTEMBER 13, 2022
PAGE 4 OF 7
reiterated whether the City has ever considered just letting the trees go. She stated that she feels
that if the public knew about the toxicity and potential danger of the pesticides, they would be
more willing to let the trees go.
Chair Hirner asked Park and Recreation Director Grout to add this feedback to things for the Park
Commission to consider as this moves forward.
Ms. Houser asked about soil half-life of products and what Mr. Anderson meant when he said
they want it below 31 days.
Mr. Anderson explained that soil half life is in aerobic conditions with access to oxygen. He stated
that all products eventually break down and at 31 days half of the product potency has decreased.
He noted that he believes glyphosate has a half-life of above 80 days.
Paula Callies, 20465 Radisson Road, stated that she serves on the City Council and explained
that she felt that this was a very good report. She stated that she felt the information was
presented very clearly and likes the recommendations for the City related to soil testing and
communication with residents. She noted that she agreed with Chair Hirner’s questions about
Silverwood Park because it is a very heavily used park for its size and she thinks there are areas
which could be categorized in a higher classification. She stated that it is a very complex topic
and just putting labels that are red, yellow, or green may be a bit too basic. She noted that the
word ‘danger’ may be used on a chemical but it may just be telling you not to drink it. She stated
that she thinks the City needs to understand how the chemicals are used and what the warning
labels mean because everything isn’t ‘dangerous’ in the same way. She stated that she also did
not think the International Standards were the same as the United States standards but noted
that she was looking forward to further information on other alternatives because this needs to be
realistic and there has to be a balance or it won’t work.
Mr. Anderson explained that many people do not understand how pesticide products are
approved by the United States EPA. He explained that the EPA does a different study than what
the International Association for the Research on Cancer or the World Health Organization would
do. He gave the example of glyphosate which is labeled as a probable carcinogen by the
International Association for the Research on Cancer, and noted that EPA conducted different
studies but noted that their studies do not include inert ingredients.
Ms. Callies stated that she was not saying that there wasn’t something to be concerned about,
but when you are talking about agricultural applications versus somebody putting it in their yard
or in the parks without a huge broadcast agricultural sprayer, she feels that is a significant factor
that should be considered.
Mr. Anderson noted that he was not intending to argue for either way but wanted to clarify that
the EPA handles their assessments in a different manner than the other organizations.
Commissioner Gallivan stated that when it comes to Class A, he asked if their approach was for
the entire park or just the athletic fields.
Mr. Anderson stated that Phase 1 is for the entire park and Phase 2 will be individual fields.
Commissioner Gallivan asked if for Class B if they envision treating the fields the same as they
would in Class A parks, but not the grounds.
PARK COMMISSION MINUTES
TUESDAY, SEPTEMBER 13, 2022
PAGE 5 OF 7
Mr. Anderson stated that would be correct but explained that what they are really focusing on for
the Class A, B, and C is the cultural practices which means they want to avoid, when possible,
pesticide application and replace them with cultural practices.
Commissioner Gallivan confirmed that the cultural practices was the mowing, aeration,
overseeding, and fertilization.
Chair Hirner asked how much usage there was for the fields during the fall months.
Park and Recreation Director Grout stated that they are used every single day.
Chair Hirner stated that there are discussions now about overseeding and aerating and with the
fields being heavily used, he questioned when the City could find the ‘sweet spot’ to be able to do
some of these things without impacting the usage.
Mr. Anderson stated that he feels there are a few options and explained that with the overseeding
program, players wear cleats, so they will just cleat it into the soil and it will start germinating. He
noted that their assessment saw a lot of Kentucky Blue Grass which spreads laterally. He stated
that if the City cannot do the core aeration frequently, they can consider slicing equipment that
would basically make the Kentucky Blue Grass tell itself to grow outwards.
Commissioner Gallivan explained that he was having trouble reading the spreadsheet for the
different options and pricing.
Mr. Anderson stated that the spreadsheet information is probably best not in a visual form on
paper and is better used on-line. He explained that it is also for the Phase 2 report, so he did not
develop it and would be better explained by their turf scientist, Alec McClennan.
Commissioner Gallivan stated that he is curious, moving forward, on how the numbers change if
just the playing fields were treated as Class A but the others were treated in a different fashion.
Mr. Anderson stated that he thinks it will work out and noted that Alec McClennan has done two
different types of estimates with fully organic and also organic based. He reiterated that their
main focus is eliminating pesticides.
Chair Hirner asked if the overall goal is to be able to define Shorewood as a ‘Bee Friendly’ City
and if so, whether there was a potential timeline for that accomplishment.
Public Works Director Brown stated that the Phase 1 report has been very comprehensive, but
there is a lot of information still forthcoming. He stated that everything he has observed, thus far,
is that this takes time to establish. He stated that he would estimate the City would see these
efforts start to pay off in about three years.
Mr. Anderson stated that he would agree with the three-year time period and explained that was
why they term it a three year sustainable landscape management plan. He stated that it will not
be perfect and it will not be weed free which is why there is community engagement for education
purposes. He stated that if the City follows all those cultural management practices they will be
able to manage very healthy grass and vegetation.
PARK COMMISSION MINUTES
TUESDAY, SEPTEMBER 13, 2022
PAGE 6 OF 7
Public Works Director Brown stated that it will ultimately be a cultural shift because having people
have a higher tolerance for weeds will take a lot of education, which will take time. He stated that
it needs to be made clear that if the City is going to be a pollinator-friendly City, then this will be
the trade-off. He stated that it will also come with a higher cost, which will equate to taxes. He
stated that overall, he would say the City is on a 3-5 year spectrum for the timeline.
Ms. Houser asked what would happen if the City included the public in getting this information
and be able to really see what has been happening and what is being proposed. She stated that
she thinks a huge part of this will be education and it is important for people to learn this
information.
Chair Hirner noted that this report and this conversation will be available to the public through the
meeting minutes.
Public Works Director Brown noted that the report will be available on the City website.
Commissioner Gallivan asked if Mr. Anderson had seen, with other clients, a phased approach in
terms of trying it in one area first and overtime transitioning the complete area. He stated that he
believes the City should definitely get away from the use of pesticides, but the parks serve a
purpose with the ballfields and the City doesn’t want people showing up and having to deal with
weeds when they are playing the game.
Mr. Anderson stated that he encouraged the Commission to take a look at Elgin, IL and gave a
brief overview of what was done in that situation initially with one area and noted that they have
just recently put out a press release that they have added another 10 pesticide free zones. He
noted that there is another community in Illinois called River Forest Park district where they have
done work and are now being brought back to hold a sustainable landscaping workshop to explain
what was done.
Public Works Director Brown explained that one of the issues that the City is coming up against
is that there is a very active weed inspection program which must meet the statutory requirements
for removal and control of, for example, garlic mustard. He asked what approaches IPM has had
outside of park land, such as along roadsides.
Mr. Anderson referenced the flywheel from his presentation that was developed by Natural
Communities, LLC that outlines how they can limit their glyphosate use in natural areas. He
stated that he cannot use the word ‘eliminate’ because there are strategies to maintain these
weeds without glyphosate but if it is used at a very targeted level with a licensed applicator, the
risk of exposure is very low. He reviewed information from the flywheel and how to have continual
management. He reiterated that they do not want to see the use of glyphosate because it is a
probable carcinogen, but if it is the only effective means for some of the harder to get invasive
weeds, then they want to make sure that they don’t ever establish themselves again, so they do
not ever need to use the application of glyphosate again.
Ms. Houser stated that when she and her husband walk through the park they have noticed a lot
of volcano-ing. She stated that she has read information from the University of Minnesota that if
there is too much mulch around the base of a tree it can kind of end up suffocating it.
PARK COMMISSION MINUTES
TUESDAY, SEPTEMBER 13, 2022
PAGE 7 OF 7
Mr. Anderson admitted that trees were not his area of expertise but explained that they do have
Green Shield Certified standards for landscaping and volcano mulching is not allowed because it
isn’t healthy for the trees.
Chair Hirner stated that this Phase 1 report was just the beginning of this process and was for
informational purposes so the Commission was not being asked to make a recommendation to
the Council yet.
Public Works Director Brown explained that the Phase 2 report will lay out the ‘meat and potatoes’
of how the City can begin to put these practices to use. He stated that it will also define the costs
and will also let them begin to formulate a communication plan. He stated that because there are
budget pressures right now, from an implementation standpoint, the City’s focus will probably be
on the ballfields so they can ease into the costs. He stated that this endeavor will be an extended
adventure and the goal is to get it out in bite sized pieces.
Chair Hirner thanked Mr. Anderson for his presentation and noted that he looks forward to seeing
him again to discuss the additional phases.
5. OLD BUSINESS
6. STAFF AND LIAISON REPORTS / UPDATES
A. City Council
Council Liaison Johnson reported on the most recent City Council discussion and actions.
B. Staff
1. Reminder that October Park Commission meeting date is October 25, 2022
Park and Recreation Director Grout noted that Movie in the Park ended up getting cancelled due
to weather and will just be held again next year.
Public Works Director Brown noted that this is Park and Recreation Director Grout’s last Park
Commission meeting prior to her retirement.
The Commission expressed their appreciation for everything Park and Recreation Director Grout
has done for the Park Commission and the City and noted that she would be greatly missed.
Chair Hirner noted that he has noticed that the Silverwood Park playground has had more cars
and people than he has seen in his fifteen years living in the City.
Commissioner Gallivan stated that Silverwood Park looks great but when he was there a few
weeks ago there were a few cinder blocks around the swing that were a little bit loose.
7. ADJOURN
Heinz moved to adjourn the Park Commission Meeting of September 13, 2022 at 8:34 p.m.
Gallivan seconded the motion. Motion carried 4-0.
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-093
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE
BIRCH BLUFF ROAD RECONSTRUCTION PROJECT AND AUTHORIZING
ADVERTISEMENT FOR BIDDING,
CITY PROJECT 21-01
WHEREAS, on June 13, 2021, the City of Shorewood (“City”) authorized the
preparation of Plans & Specifications for the Birch Bluff Road Street and Utility
Improvements project, City Project 21-01; and
WHEREAS, the City will continue to acquire easements and right of entry agreements
with property owners to accommodate drainage, grading, staging, tree removal,
landscaping, and other miscellaneous impacts as needed for the project; and
WHEREAS, the project is included in the 2022 Capital Improvements Plan and will fund
the project through a combination of Street & Utility Bonds, Water Fund, Sanitary Fund,
and the Stormwater Fund; 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 hereby approves the Final Plans &
Specifications for the Birch Bluff Road and Utility Improvements project and
authorizes advertisement for bidding.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26 day of
September, 2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
Title/Subject: Park Commission Appointment
8A
Meeting Date: Monday, September 26, 2022
MEETING
Prepared by: Sandie Thone, City Clerk/HR Director
Reviewed by: Ed Shukle, Interim City Administrator TYPE
Regular
Marie Darling, Planning Director
Attachments: Resolution 22-094
Meeting
Policy Consideration: Pursuant to Shorewood City Code Chapter 202, the
Shorewood Park Commission was established and shall be advisory to the City Council.
The Commission shall consist of five members who are current residents of Shorewood.
Terms of appointment commence on March 1, run for three years and terminate on the
last day of February. Duly appointed Park Commission members shall be required to
attend no less than half the official meetings held in one year. The purpose of the Park
Commission shall be to aid the City Council in the expenditure of monies so that the
greatest benefit may be obtained from the use and maintenance of the parks.
Background: Park Commissioner Samantha Tauer submitted her resignation as Park
Commissioner. City staff recruited applicants to fill the vacancy. The City Council
conducted an interview with applicant Patricia Levy at its Work Session on September
26, 2022. The Council shall discuss and consider the recommendation for the vacant
Park Commission seat with the Term beginning in October of 2022 and ending
February, 2024:
Financial or Budget Considerations: None
Action Requested:
For passage of this appointment, a resolution has been prepared and is attached.
Council shall discuss the appointment, and if the appointment is recommended, confirm
by passing the resolution, which will include the name of the final appointment as
confirmed. Motion, second and simple majority vote required.
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
RESOLUTION 22-094
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION MAKING AN APPOINTMENT TO
THE SHOREWOOD PARK COMMISSION
WHEREAS, the resignation of Samantha Tauer left a vacancy on the Shorewood Park
Commission ending in February of 2024; and,
WHEREAS, the City advertised for applicants for the vacancy and received an
application from Patricia Levy; and,
WHEREAS, Patricia Levy was interviewed by the City Council on September 26, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA that the Council makes the following appointment:
Park Commission
Patricia Levy, for a term to commence October 1, 2022 and expire February 29, 2024.
Adopted by the City Council of Shorewood, Minnesota this 26th day of September
2022.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE 593
AN ORDINANCE TITLED
“UTILITY SERVICE CHARGES”
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended
as follows:
CITY OF SHOREWOOD
UTILITY SERVICE CHARGES
Section 1. Change the Water, Sanitary Sewer and Stormwater Management Utility
Rates as follows:
Water
CATEGORIES CURRENT RATES PROPOSED RATES
First 5,000 gallons $ 24.42 $ 26.86
Per/1,000 gal from 5,001 to $ 4.13 $ 4.54
50,000
Per/1,000 gal above 50,000 $ 5.93 $ 6.52
Water Service – low income $ 20.96 $ 23.06
Sanitary Sewer
CATEGORY CURRENT RATES PROPOSED RATES
Residential $103.08/qtr. $68.72/qtr. low $112.36/qtr. $74.90/qtr. low
income income
Commercial $11.65 base, $103.08/qtr. fee for $12.70 base, $112.36/qtr. fee
1-28,500 gallons, $2.68/1,000 for 1-28,500 gallons,
gallons in excess of 28,500 $2.92/1,000 gallons in excess
gallons per qtr. of 28,500 gallons per qtr.
Stormwater Management
Current Basic System Rate: $34.53 $24.18/qtr: lots less than 10,000 sq. ft
$34.53/qtr: lots 10,000 – 50,000 sq. ft.
$44.94/qtr: lots 50,000 plus sq. ft.
Proposed Basic System Rate: $37.29 $26.11/qtr: lots less than 10,000 sq. ft.
$37.29/qtr: lots 10,000 – 50,000 sq. ft.
$48.54/qtr: lots 50,000 plus sq. ft.
Section 2. This ordinance is in effect with the January 2023 billing and upon publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 26th day
of September, 2022.
_______________________________
Jennifer Labadie, Mayor
_____________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
Title / Subject: Annual Tree Sale
Item # 9(A)1
Meeting Date: September 26, 2022
Regular
Prepared by: Julie Moore, Communications and Recycling Coordinator
Meeting
Reviewed by: Sandie Thone, HR Director and City Clerk
Background: The city tree sale was a great success. This year we ordered 154 trees. Forty trees
were for construction projects or parks; the remainder were sold at cost to residents. Residents
have expressed how much they appreciate the sale and are already eager to see the offerings
for the next sale.
Wade Woodward assisted with the delivery of 40 trees that went to residents affected by the
Glen Road, Grant Street and Mary Lake projects. Much appreciation to Wade for taking the
time to help deliver. His instruction to residents including the reminder to keep trees out of the
right-of-way was especially insightful.
The diversity of trees we are adding to Shorewood’s urban forest will hopefully help the impact
of the Emerald Ash Borer on the city forestry. We continue to encourage the planting of native
trees through our tree sale.
Action Requested: For informational purpose only; no action is required.
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