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102384 CC Reg AgP . . i .. , CITY.OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCT. 22, 1984 r COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:30 P.M. AGE N D A Mayor G~ .f ~". Gagne Rascop Ha ugen~. . ','1-0 Shaw Stover CALL TO ORDER A. Pledge of Allegiance B. Roll Call 1. APPROVAL OF MINUTES A. Regular Meeting - October 15, 1984 (Attachment #1) 2. MATTERS FROM THE FLOOR .' A '7. t1\)\) ~O^- - ~O\. ~ N\ w-a' . A. ) B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. 5. OAK RIDGE ESTATES THIRD ADDITION Applicant: Theodore Noble Location: Southwest corner of Grant Lorenz Road and Edgewood Road (Noble Road) 6. DISCUSSION OF PARK LAND ACQUISITION 7. ATTORNEY REPORTS (aY/ #S) A. Resolution of Denial - Shorewood Oaks (Attachment #7a) B. C. '" ~ .. ~ ~ << . AGENDA REGULAR COUNCIL MEETING MONDAY, OCT. 22, 1984 page two 8. INEER REPORTS Change Order #1 - Waterford Project #84-5 B. Final Payment - Sealcoating Project #84-1 C. D. 9. ADMINISTRATOR REPORTS A. Review of MnDOT Layout #1 -State Highway 7 Revised (Attachment #9a - letter) B. Greenwood/Deephaven Notice of Intent to Merge (Attachment #9b) C. Satellite Problems D. Discussion of Holidays and Meeting Dates E. 1). MAYOR'S REPORT A. B. 11. COUNCIL REPORTS A. Memorandum - Cable Commission Budget (Attachment #lla) JB. ~. Sanitation Removal Discussion Finance Committee By-laws D. 12. APPROVAL OF CLAIMS AND ADJOURNMENT ********** BRING YOUR OCTOBER 15th COUNCIL PACKETS FOR REFERENCE MATERIAL ********** CITY OF SHOREWOOD .~.o.:..;:~.tf::.;;~~ REGULAR MEETING MONDAY, OCT. 15, 1984 ~.... ..;~........ \ ~_... 0 . ~'. ,', .,- -...& ..." - - ~ ~~ ...~.. "'~h'''''....' ..' I COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:30 P.M. . C'.' 0 .' , ' / l)v ') .~ /.i.V ,LV Il:) O~j " D -\ I/~ .Yi) l/~'U f. 0 o,t) a~ tV/ / () ..,/ ./7 / .I}/J // 00 Li jV' IjJJ 0 M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 PM, October 15, 1984. (PlanningCommission interviews will be postponed until 7:00 PM, October 22, 1984). PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen, and Shaw. Staff: Attorney Larson, Engineer Norton, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Haugen to approve the Minutes of the regular meeting of September 24, 1984 as written. PLANNING COMMISSION REPORT Stover reviewed the Planning Commission minutes of October 2nd. She indicated that there had been a large interest and attendance in reference to the Harding Acres proposal. The public portion of the hearing has been closed but the hearing will be continued to their next meeting. RAPID OIL CHANGE - FEE DISPUTE Ed Flaherty was present to disagree with the City Attorney expenses charged against his requests. He does not feel he should be responsible for the City Attorney expense when dealing with an adverse position. He had his own attorney expenses involved in obtaining a reconsideration from the Council. He felt each party should be responsible for their own attorney expenses. He would like to see a breakdown of attorney expenses, normal procedure expenses as opposed to "reconsideration" expenses. Council felt he was responsible for the expense but felt a review of the fee schedule should be made. PARK COMMISSION REPORT Shaw reported on the "fire lane" recommendations. They discussed a possible relocation of the Police Department onto the Badger Park site. Hockey rink discussion on cost of equipment maintenance and use was reviewed. J " . .TES R~GULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page two 7:45 PUBLIC HEARING FEDERAL REVENUE SHARING FUNDS RESOLUTION NO. 69-84 A public hearing was opened for public comment at 7:55 PM, with no public comment, hearing was closed at 7:57 PM. Administrator Vogt submitted a breakdown allocation submitted at the time of budget discussion. A total of $19,000. is the proposed allocation: Street Improvements Civil Defense Siren Police Budget $4,000. 6,000. 9,000. $19,000. Gagne moved, seconded by Haugen to approve the allocation of Federal Revenue Sharing Funds as submitted. Motion carried by Roll Call Vote 5 ayes. 8:00 PUBLIC HEARING JOHN LUCE - 5e55 RIDGE ROAD - SETBACK VARIANCE RESOLUTION NO. 70-84 Mayor Rascop opened the public hearing for public comment at 8:00 PM. Mr. Luce was present to explain his request of a 30 foot variance for the placement of a garage. He would like to place the garage 20 feet from Ridge Road because of the severe drop in elevation from the road. With no public comment, hearing was closed to the public at 8:04 PM. Stover moved, seconded by Gagne to approve the variance in accordance with the Planner's recommendations dated 9/24/84. Motion carried unanimously by Roll Call Vote - 5 ayes. ATTORNEY REPORTS AMENDMENT TO ORDINANCE #2 ORDINANCE NO~ 161 License the Sale of Non-Intoxicating Malt Liquor Attorney Larson submitted an Ordinance to amend Ordinance No. 2 restricting specific days that non-intoxicating malt liquor can be sold. Stover moved, seconded by Gagne to waive the 2nd reading and adopt the Ordinance as submitted. Ordinance adopted by Roll Call Vote-5 ayes. Cabalka Request The Council received a letter from Mr. Cabalka's attorney, Mr. Kelly requesting the right for Mr. Cabalka to sell his homestead lot and retain a small parcel of land next to his homestead to place a picnic table on and continue using a dock that presently exists there. Mr. Cabalka reviewed the creation of these lots. Attorney Larson felt that according to the Zoning Ordinance that technically these lots were "merged" because of the size and location and zoning requirements of that area, and a subdivision would be necessary ~~( sell separately. Council directed the attorney to obtain additional background on the Ordinance. Haugen moved to table further discussion until the first meeting in November, seconded by Gagne. . ....UTES ~ULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page three 8:15 PUBLIC HEARING ERIC DANSER - 21640 LILAC LANE VARIANCE TO EXPAND A NONCONFORMING STRUCTURE RESOLUTION NO. 71-84 Jane Danser of 21640 Lilac Lane was present to request a variance to add onto a nonconforming structure. The existing dwelling is 46 feet from the street instead of 50 feet as required by Ordinance. The hearing was opened at 8:30 PM to the public. John Breckheimer of Lilac Lane spoke in favor of the addition to the rear of the existing dwelling. With no other public comments, the hearing was closed at 8:32 PM. Stover moved, seconded by Shaw to approve the variance request based on the Planning Commission recommendation. Motion carried unanimously by Roll Call Vote - 5 ayes. 8:30 PUBLIC HEARING LARRY DeWITT - 2e090 WOODSIDE ROAD VARIANCE TO EXPAND A NONCONFORMING STRUCTURE RESOLUTION NO. 72-84 The public hearing was opened at 8:35 PM. Ernest O'Neill, the present owne~ was present to explain their variance request. He has asked the Council for a variance to add to his existing home at the same setback distance as now exists, which is 8 feet. That was the proper setback according to Ordinance at the time the house was constructed. The present Ordinance requires 10 foot side setbacks. Mr. DeWitt, the new purchaser, did not feel this would adversely affect any of the adjoining properties. Shaw moved, seconded by Rascop to approve the variance based on a hardship of the change in Ordinance since the house was constructed. Motion carried by Roll Call Vote - 4 ayes, 1 nay (Stover). Stover motioned to review Ordinance No. 159. Failed for lack of second. RECONSIDERATION - SHOREWOOD OAKS Representing a request from Dave Johnson, the owner of the property proposed for Shorewood Oaks, was John Shardlow, Tim Phenow, and Geoff Martin, of Howard Dahlgren Associates. Mr. Shardlow began by asking the Council to reconsider their position and approve their request for a Comprehensive Plan Amendment and consider a P.U.D. zoning and development plans as previously submitted. He felt that this proposal is a perfect example of the use of the P.U.D. zoning. Geoff Martin then reviewed for the Council the proposed plan, reviewed possible water supply, density (3 units per acre), price ranges ($80,000. - $120,000.),average square footage of lots (10,900 sq. ft.), and hardships of the property being watertable, Highway traffic and noise and park noise. .' . MerES REGULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page four Shorewood Oaks Reconsideration, continued: Haugen questioned the type of construction planned. Stover asked why lots could not be 20,000 sq. ft. Developer Johnson stated that the cost of improvements needed for this area because of the water problem, and hardships due to the location, required a higher density of residents to spread the total cost over and still be able to provide a low price home that would be available to a larger percentage of the people. Gagne asked Engineer Norton if the proposed storm drainage plan would handle the run - off. Norton felt that it was adequate, more details would be required before approving. Council reviewed the Resolution of Denial previously drafted and made alterations. Mrs. Towne commented, "that we have zoning laws so why do we issue variances, get rid of the laws if we don't follow them, we don't want that density". Haugen had problems with density and egress from Highway 7. Planner Shardlow felt some site design can be changed but this proposal is the only way this property can be developed and given the time with the Council, at his own expense) he could prove it to them. Haugen asked Engineer Norton if he agreed that the ground type is "marginal". Norton did agree with that statement. Gagne asked if this project would cause additional drainage problems. Norton felt the storm sewer design was adequate to handle the run-off, but the City would have to continue the st@rm sewer area on their own. Gagne moved, seconded by Stover, for discussion, to accept the Resolution of Denial. Council reviewed and made changes in the Resolution, accepted by Gagne and Stover. Gagne withdrew his motion, and requested the revised Resolution be returned by action on October 22nd, Stover acce~ted. Motion carried - 5 ayes. Mr. Johnson then offered to sell the property to the City to add to Freeman Park. TREE BIDS Council reviewed the bids that were received from 3 contractors at a bid letter held at 11:00 AM, October 15, 1984. The bids were broken down into 3 areas. Administrator Vogt informed the Council that the balance of funds in the CDBG funds was 4,959.00 for the purpose of disease tree removal. He recommended awarding Area 1 only, in the amount of $5,082.00 to Cere's, 2196 Carter Ave., St. Paul, Minn. Gagne moved, seconded by Rascop to award the bid for Area 1 to Cere as recommended, subject to insurance coverage. Motion carried - 4 ayes, 1 nay (Shaw). . ~TTES R~LAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page five DISCUSSION OF FORMAL ADOPTION OF COfV1PREHENSIVE PLAN A letter was received from Sandra Gardebring requesting a Resolution from the City adopting our Comprehensive Plan. Council directed the staff to followup on and return with information. ATTORNEY REPORTS Park and Road Right-of-Way Purchase Larson informed the Council of the dealings with Steve and Jim Bruce in reference to the purchase of a portion of the 11 Day ton Propertyll for park land and road right-of-way needed to continue 1l01d Market Road". The Bruces are asking $125,000. with the me.jority in cash, for the 8.1 acre property. Council discussed the price and various forms of financing. Haugen directed the Administrator to speak to Pete Pflaum about park donations from Near Mountain. Also arrange to have the Trivesco people present at the October 22nd meeting tc continue this disc~ssion. ENGINEER REPORTS Change Ordpr No. 1 - Waterford Project No. 84-5 Norton presented a change order to add additional sanitary sewer, storm sewer, street construction and restoration for the Chartwill Hill area in the amount of $78,901.28 to be added to the exjsting Waterford Project and to be added to the bonding package. Haugen moved to table until the October 22nd Council meeting. Plan Revision - Waterford Project No. 84-5 Norton read a letter from Trivesco engineers, Schoell and Madsen, Inc. requesting variations in pipe sizes and some other alteration in line. Ndrton was opposed to the reduction of the watermain in Old Market Road from 12 inch to 10 inch. He felt the cost difference would not be more than $2,000. Haugen moved, seconded by Shaw to accept the engineer's recommendation and maintain the.12 inch waterline for Old Market Read. Motion carried - 3 ayes, 2 abstained (Gagne and Stover). COUNCIL MEETING DATES CHANGES - NOVEMBER The Council cannot meet on their regularly scheduled 2nd Mcnday of the month because it is Veterans Day. Council rescheduled the meetings in November for the 19th and the 26th. CONTINUATION OF ENGINEER REPORTS Street Replacement Project No. 84-2 - Progress Report Norton reported to the Council on the progress of the Road Project No. 84-2. Smithtown Road will be completed soon if weather allows. Freeman Park entrance is coming along good but legal access accord- ing to the State Highway Department is different than what we show. . . MINUTES REGULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page seven FINANCE COMMITTEE RESIGNATION A letter of resignation was received from Committee member Ed Bergslein. Haugen moved, seconded by Rascop to accept Mr. Bergslein's resignation effective immediately. Haugen moved, seconded by Rascop to direct the Finance Committee to obtain authorization from the Administrator prior to contacting any and all departments qf the City for information. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne to approve the claims for payment to be followed by adjournment at 12:22 A.M. Motion carried - 5 ayes. General Fund (Acct. #00166) Checks 29405 - 29472 $122,675.78 Liquor Fund (Acct. #00174) Checks 2550 - 2625 $ 52,849.31 Respectfully submitted, Mayor Sandra L. Kennelly City Clerk -- $ . . OCTOBER 15, 1984 GENERAL ACCOUNT CHECKS PAID SINCE PURPOSE: Check # 29405 29406 29407 29408 29409 29410 29411 29412 29413 29414 29415 29416 29417 29418 29419 29420 29421 29422 29423 29424 29425 29426 29427 29428 29429 29430 39431 29432 29433 29434 29435 29436 29437 29438 29439 29440 29441 29442 29443 29444 29445 29446 29447 29448 29449 29450 29451 29452 29453 29454 29455 TO WHOM PAID Evelyn Beck Susan Niccum Employee Benefit Plans Inc. Central Life Insurance Evelyn Beck Evelyn Beck Barbara Fletcher Metro Waste Control SLMPSD Colonial Insurance Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Brad Nielsen Dan Randall Patti Ray Howard Stark Dan Vogt Ralph Wehle Don Zdrazil State Treasurer Mtka State Bank Comm of Revenue State Treasurer ASCME Brad Nielsen Dan Vogt Directory Property Tax U.S. Postmaster Joan C. Goering Void Hennepin Cty Bar Assoc. Dept of Conf - UorM Allied Blacktop Inc. Acro Minnesota Inc. American Planning Assoc. Bergerson-Caswell Inc. Associated Asphalt Inc. Chaska Parts Service Dale Green Co. Mtka Community Services Rolf Erickson Gen Office Products Hance Hardware Hecksel's Midwest Equip. Lee'f Bros Inc. Void Lyman Lumber Co. Midwest Asphalt Corp. Minnegasco Mileage Salary October Premium October Premium Salary September Mileage Clean City Hall October Sewer Charges October Protection October Premium Salary " " " " " " " " " " FICA Taxes FWH SWH PERA Union Dues Mileage " " " 2nd Yz Taxes Postage Reimburse Sewer Assess. Luncheon-Vogt, Nielsen Don Zdrazil-Equip Opere Project - Seal Coating Office Supplies Nielsen Chapter Dues Checking Pumps Road Materials Shop Supplies Black Dirt Summer Recreation Program Sept Assessing Fee Keys for Sues Desk Supplies Cub Tractor Parts Rug & Uniform Service Voting Booths & Boxes Road Materials Utili ties AMOUNT $ 21. 56 408.72 1,292.04 1,907.76 657.51 51.12 63.00 20,282.16 20,884.12 46.50 525.08 423.16 567.15 542.63 673.06 599.86 405.48 482.32 736.98 512.62 702.66 1,432.69 1,335.50 702.00 862.73 39.42 47.30 24.64 1,685.47 250.00 2,760.00 -0- 17.00 65.00 10,206.80 99.64 15.00 51.00 896.29 124.55 97.50 4,044.23 1,525.00 5.00 118.88 71.87 176.93 -0- 39.44 254.71 236.19 . - 2 - . OCTOBER 15, 1984 GENERAL ACCOUNT Check # 29456 25457 29458 29459 29460 29461 29462 29463 29464 29465 29466 29467 29468 29469 29470 29471 29472 TO WHOM PAID PURPOSE: Minnesota Valley Gas Co. Wm Mueller & Sons Inc Jim Miller Navarre Hardware Mn Suburban Newspapers NSP National Chemsearch Orr-Schelen-Mayeron SLMPSD St Regis Corporation Tonka Equipment Co. Tonka Auto Body Tonka Printing White Bear Animal Waldor Pump Ziegler Tire Co. Ziegler Equipment Co. Propane-Street Paving $ Road Materials Equip Maintenance Small Tools Legals Utilities Ice Melt Engineering Fees August Booking Fees Culverts Check Chloride-Badger Equipment Parts Water & Election Supplies Animal Control Repair Pump - Sewer Equipment Tires " Parts Total Approved hy Sh d V"'l P '1 , ~ :1"'~' '" ~ ~~..~, r',: orewoo "'l._I...l.fB .J:...IL", AMOUNT $ _______.__._ ----.- I ! DATE___ . ...... ..._ar...._.......... '''.....,~_,. ._.;.,~..___. _........r._.... ~.'-_..,' AMOUNT 12.00 118.50 1,023.50 35.90 56.36 1,037.63 174.72 37,963.19 77.66 300.00 67.50 132.72 44.80 361.25 1,684.44 478.94 136.40 $122,675.78 LIQUOR FUND Check # 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561 2562 2563 2564 2565 2566 2567 2568 2569 2570 2571 2572 2573 2574 2575 2576 2577 2578 2579 2580 2581 2582 2583 2584 2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 2596 2597 2598 2599 2600 2601 2602 . CHECKS PAID SINCE . TO WHOM PAID Ryan Properties Harry Niemela Harry Niemela Ed Phillips & Sons Griggs Cooper & Co. Prior Wine Company Quality Wine & Spirits Ed Phillips & Sons Ed Phillips & Sons Jude Candy & Tobacco Twin City Wine Company Intercontinental Pkg Co. Ed Phillips & Sons Johnson Wine & Liquor Quality Wine NSP Mn Bar Supply Inc Jude Candy Tobacco Co. NW Bell Employee Benefit Plans Inc. Central Life Group Ins. Griggs Cooper & Co. Twin City Wine Co. Mn Bar Supply Inc 3-M Alarm Service North Star Ice Co. G&K Services Ed Phillips & Sons Johnson Wine Co. Paustis & Sons Quality Wine & Spirits State Treasurer Susan Culver Russell Marron Bob Nash Chris Odegard Don Tharalson Bill Josephson Jack Josephson Susan Latterner Steward Peterson Steve Maeger Dean Young State Treasurer Mtka State Bank Comm. of Revenue State Treasurer Hance Hardware Minnegasco Quality Wine & Spirits AT&T Bellboy Corporation Day Distributing Co. PURPOSE October Rental - #2 October Rental - #1 Escalation Share RE Wine Purchases Liquor Purchases Wine " Liquor " Wine & Liquor Purchases " " Sept. Candy & Tobacco Wine Purchases Wine " Wine " Wine, Liquor Purchases " " " Util ties Misc. Purchases Misc. Purchases Telephone October Premium October Premium Liquor Purchases Wine " Misc. " Store II Sept Purchases Sept Ldry Service Wine & Liquor Purchases " " " " " PERA - 9/25 Salary " " " " " " " " " " " " FICA FWH SWH PERA Lite Bulbs Fuel Liquor Purchases Rental Liquor Purchases Sept Beer " OCTOBER 15, 1984 AMOUNT $ 1 , 715. 00 882.50 590.91 172 .16 1,664.87 315.22 858.30 871. 30 197.41 1,214.62 1,345.30 420.06 593.91 2,583.72 2,734.69 299.99 136.45 46.11 161.72 242.64 29.81 1,238.09 979.02 206.44 212.43 196.45 36.20 876.47 267.72 38.88 608.22 118.91 153.75 429.40 112 . 50 90.00 69.75 471. 56 182.00 128.00 76.00 236.30 382.56 197.10 224.40 126.00 118.70 28.86 7.84 346.30 9.00 1,439.40 1,524.56 LIQUOR FUND . CHECKS PAID SINCE . Check # TO WHOM PAID 2603 2604 2605 2606 2607 2608 2609 2610 2611 2612 2613 2614 2615 2616 2617 2618 2619 2620 2621 2622 2623 2624 2625 East Side Beverage Co. Griggs Beer Distributing Pogreba Distributing Thorpe Distributing NSP Pepsi Cola Bottling Mark VII Sales Griggs Cooper Mn Suburban News Quality Wine Eagle Wine Company Bellboy Corporation Mn Suburban News Griggs Cooper Butch's Bar Supply Prior Wine Company Jude Candy & Tobacco Johnson Bros Liquor Ed Phillips & Sons Eagle Wine Company Johnson Liquor Company Comm of Revenue Intercontinental Pkg. PURPOSE: Sept Beer Purchases Sept" " Sept" II Sept" II Electricity Misc. Purchases Sept Beer Purchases Liquor Purchases Ads Wine Purchases " " Liquor Ads Liquor Purchases Misc. II Wine Purchases Cigarette Purchases Wine Purchases II " " " " Liquor " Sept Sales Tax Wine Purchases Total ._----..__.~...~ -.__. "'-~ ". tJl "'n" -,,; r, ,1 ~1t'''1 L' 'J .I-~ ShOr".;TO.:7:1 ~,:~ u. ....,~ .u..... i Po r.~ " l.P~ T :;. ___ u i ------.---.- 1- ___ ____ - ------- --- -- '.>r..rf_ OCTOBER 14, 1984 AMOUNT $ 3,310.70 269.30 2,368.30 3,600.57 382.97 266.85 2,877.85 979.08 221.00 1,759.57 330.04 1,907.50 59.00 77.69 130.00 341.99 95.42 260.29 185.68 225.51 225.57 4,730.44 34.49 $52,849.31 , ,,,..,, L~; "' _c; ---. ~ 1lUIO" z '" .. . . g~: -4 a r- o -4 17 , -. ._i) / / """'1 I , I I' / r-'-, I I I I' ..... '../ , r... '....... ) --7 .c z co '" . . '", .. "', a r' ! --'1 "t.... J:::> o u }- --; {..I, t. ...~I I f frf:Ji:Jr,f 't-. ...'...., '. I'~~'l OJ I:, I ~.:~ ~ I.. r I~ 18 ( """" O ; I, ~ i , r. '_i ) .- \ '1 . --. '.' " N co ... ~ ~ ~8 jS I I I L__ r I I I ! '- I I l r ,tfi&IS - - - ..., I r-...' I I '__' 1 () ..I I c.I "'I I r' 8, I .-' I ~~_~~~~ _~_ _'-l c.I r - " N ..... J> 0 .. _ JU<IJl _ _ ._ ... . ~ zinr - - - -, I N I ..,-... ~ I=i - 8t .il I ~l I _ _~L _ _ - - ~ r-- I I~ 18 I I 1._ 2J o ~ o ~ ... ,,, '- I \ , - ...'" )'" , ',~ /" ',... ..... / ) I_..J'" ..,.. 11'.11 r c . ~ i I' ... I. ""-" .'" 0 , I r ' ; r- ~~- 1~. r;, Hi ~!. 0'" Ii ...~ f~ 50 . 1- - - ~.lJ6 - - - - ., I -.", I I I ~I I · 81 I Z)I r---\ - I L.. _ ~:. - - - - - _I .l'> ,Jl,i~ !::> C c' H..'" MO.DO , I' '- , --r-- -. n~ 'i H1 ~.-~; \'\ -.:.7 r~ r (, Ifl ti.~ ~.c_,._ rrl '...'.. -'l /'\..) r-'l -- ."-... I._J ) f'll . ..., ..- -:. ".", \i.. 4un -4? .~..') ,.,..,.... . .~.. 1.\"~'''' ..::~. ~~J....." ." '" '> '). ... MQ.49 , --;\ , > , '( > '" ' ..., " \. \ (-,\, ) ...'"''' ) , , .-1" /) , /\. ... " ~-- . . ~ RESOLUTION NO. WHEREAS, Shorewood Oaks Development, Inc., has applied to the City of Shorewood for amendment to the Comprehensive Plan and related re-zoning and development plans as more specifically set out in that certain booklet entitled Shorewood Oaks - Shorewood Oaks Development, Inc., Consulting Planners, Minneapolis, Minnesota, Howard Dahlgren Associates/Incorporated, (February 17, 1984); and WHEREAS, the application is for property located on the north side of Highway 7 between Strawberry Lane and Freeman Park and contains approximately 44 acres of land as more specifically described in said booklet, and WHEREAS, said request was presented to the Planning Commission on March 6, 1984; and WHEREAS, the matter was heard before the City Council on June 25, 1984, and the City Council directed the City Attorney to draw a resolution setting forth Findings of Facts, and Conclusions in denying applicant's request for amendment to the Comprehensive Plan. WHEREAS, the Developer requested a sixty (60) day extension to make a new presentation to the City Council; and WHEREAS, the Developer appeared before the City Council on October 15, 1984 to make additional presentation; NOW THEREFORE, be it resolved that the City Council for the City of Shorewood finds the following facts: 1. That the subject property is approximately 44 acres and is presently zoned R-2. 2. That the R-2 zone allows for the construction of single family houses with a density of two units per acre. 3. That the Comprehensive Plan designates the area as low density residential with a property density of one to two units per acre. 4. That Applicants have requested that the Comprehensive Plan be amended to allow two to three units per acre for construction of a mix of 96 single family units and 29 townhouse units for a total overall density of 125 dwelling units on the site. 5. That such a request and re-zoning would~sorrespond to our R-2 zoning. (I)JV 6. That the property is bounded on the north by a city park, on the east by a city park and single family dwelling, on the south by Highway 7 and medium density residential in the City of Chanhassen, and on the west by medium density residential. /a . . . 7. That the property is relatively flat, slopes gently to the north, and has soils consisting of silty clays, and a high water table persists on the site. Vegetation on the property is approximately 75% mixed lowland woods with a predominance of elm, ash, basswood, poplar, box elder and maple, and 25% an old field. Shrub layer is predominantly sumac, buckthorn, and dogwood. 8. That the property is presently served by a 24-inch sanitary sewer main. The site is not served by City storm-water or sewer-water system. 9. The proposed development would be in accordance with the site data summary attached as Exhibit A. 10. That no one from the public has spoken in favor of the project. 11. That the Developer has not adequately addressed the concerns of the Council over the proposed location for ingress and egress to the project from Highway 7. The location as presently planned for the project to Highway 7, is not conducive to the increased traffic caused by the proposed increased density of the project. 12. That the drainage for the project involves the use of a detention pond on city park land. The Council is concerned with the downstream effect of the project and has not received adequate assurances concerning the possible future expense that could be incurred by the City for the correction and/or protection of downstream property owners. 13. That the Developer claims that the site is marginal property and that the necessity for correction requires a higher density. However, the Council does not feel that Developer has established to the Council's satisfaction, the inability to develop the site in accordance with the present density regulations of the Comprehensive Plan. 14. That the increase in density in this area would be be inconsistent with the density as set forth in the Comprehensive plan for the adjacent areas. The overall plan for the city provides for the higher densities in the eastern portion of the city, and more moderate and low densities in the western portion of the city. 15. That it is in the best interest, general welfare and good of the public that the density in this area of the -- . MAYOR Robert Rascop COUNCil Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 DATE: October 22, 1984 MEMO TO: Mayor and Councilmembers \ FROM: Dan Vogt SUBJECT: MnDOT Proposal for Highway 7 The Minnesota Department of Transportation (MnDOT) would like to perform work on Trunk Highway 7 from Trunk Highway 41 in Shorewood to Division Street in Excelsior. The proposed project consists of the construction of turn lanes, bituminous shoulders, bituminous resurfacing and some minor access changes. I will have the plans available for you to view at the meeting. If the plans from MnDOT meet with your approval, the passage of a resolution granting formal approval of the layout would be in order. A Residential Community on Lake Minnetonka's South Shore 4i~ t ~ C-2Omm DeeohaVen/GeWOod 1/: . 1""-'" ....,,:. .' ~ ,. J "\ r- BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Robert J. Ferderer Kenneth F. Sette RIchard A. Sand County Commissioner County Commissioner Chairman Vice Chairman Commissioner Ex-offlclo Member Ex-offlclo Member - - - - - - - -'- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IN THE MATTER OF THE MOTION TO INITIATE ) CONSOLIDATION PROCEEDINGS FOR THE CITIES ) OF DEEPHAVEN AND GREENWOOD PURSUANT TO ) MINNESOTA STATUTES 414 ) NOTICE OF HEARING ---------------------------------"------- Notice Is hereby given that a oubllc hearlnq wll I be held oursuant to Minnesota Statutes 414. as amended. before the Minnesota Munlcloal Board In the above-entitled matter. The hearlnq wll I be held on the 14th day of November In the Deephaven City Hal '. Deeohaven. Minnesota commenclnq at 10:00 a.m. The Munlcloal Board wi I I receive the reoort of the Consolidation Commission contalnlnq Its flndlnqs and recommendations on the prooosed consolIdation of the City of Greenwood and the CIty of Deeohaven. AI I persons shal I be qlven an oooortunlty to be heard orally and to submIt wrItten data. statements or arquments concernlnq the above-entltled matter. The rlqht to testIfy and the admIssion of testImony and other evidence shal I be qoverned by the Rules of the MInnesota Munlcloal Board. (The Rules of the Minnesota Munlcloal Board may be purchased from the Documents Section. 117 University Avenue. St. Paul. MInnesota 55155.) The prooerty prooosed for consolIdation Is the City of Greenwood and the City of Deeohaven. Henneoln County, Minnesota. ~ ., I . . -2- After al I testimony Is complete and the record Is closed, the Board wll I meet from time to time to deliberate, aoprove and Issue Its findings and order. Persons desiring to be present at such meetings or conference cal I meetings should contact the Board Office. Dated this 10th day of October, 1984. MINNESOTA MUNICIPAL BOARD 165 Metro Sguare Building St. Paul, Minnesota 55101 -~,.~~;~~ Patricia D. Lundy Assistant Director .. / THOMAS D. CREIGHTON OI~ECT DIA.L NUMBER (612) 3"'3 -1298 DATE: TO: FROM: SUBJECT: TDC:jlg Enclosure . . O'CONNOR & HANNAN ATTORNEYS AT LAW 3800 IDS TOWER 80 SOUTH EIGHTH STREET SUITE 800 Iglg P[NNS't'l.VA"'IA AvEHUE, N. w. (202) 8S7 -1.00 WASHINGTON, D. C. zoOOe-J483 MINNEAPOLIS, MINNESOTA 55402-2254 (612) 341-3800 TELEX 29 - 0 584 TELECOPI ER 612 341-3800 (256) SUITE .700 ONE UNITED BANK CENTEA 1700 !..INCDLN STREET DENVER,COl.ORADO 80203 (303) 830 -1700 MEMORANDUM October 18, 1984 City Administrators of the Lake Minnetonka Cable Commission Thomas D. Creighto Commission Budget Enclosed please find the 1985 Budget which has been adopted by the Lake Minnetonka Cable Commission. This Budget is forwarded to you for your review and approval. In accordance with Article IX, Section 3, of the Joint and Cooperative Agreement, this Budget must be approved by a majority of the member Cities within thirty (30) days after its receipt. Upon approval by the member Cities, the Budget shall be effective. I would therefore request that you submit this Budget to your City Council for its formal approval as soon as possible. Please note that no budget allocation or appropriation is re- quired of your City. The Budget will be funded from the franchise fee paid by Dow-Sat to the Cable Commission. Please notify me as to the action taken by your Council. Thank you for your cooperation in this matter. If you have any questions, please feel free to contact me. cc: Mrs. Jan Haugen VELAZOUEZ, II ~"OAIO I, SPAIN 431-31-00 TELEX 23543 I~ . . 1985 BUDGET LAKE MINNETONKA CABLE COMMISSION Income Franchise Fee Advance from Dow-Sat Commission Expenses Conferences/Schools (annual) Convention Secretarial Services Postage/Reproduction Phone/Stationery MACTA Dues Bonds Bank Charges Insurance/Public official General Liability Annual Audit Commission/Company Quality/Performance Check of Company Legal Fees Cable Administration Staff $ 8,000 1,000 500 750 200 120 1,000 2,000 2,000 10,000 30,000 $ 8,000 47,570 TOTAL $55,570 MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 November 13, 1984 Dear Planning Commission Members: The Council discussed the Planning Commission vacanCY at the meeting of November 8, 1984 and is glad to announce the appointment of James Schultz of 5465 Timber Lane to fill the vacancy created by the resignation of Bob Shaw. Jim will be attending your first meeting in December. He comes to the Commission with good qualifications and experience as a Planning Commission member in Deephaven previously. We would also like to take this opportunity to thank each of you for the time and dedication given to the Commission. The Council may not always act in agreement with the Commission recommendations, but your interpretations of the Ordinances are what is needed and wanted from you. The Council feels there is a great need for various views from all seven membe~s to best represent all areas of the City and the diversified opinions within the City. We recognize this isa large responsibility and hope that all the members will continue to respond to this responsibility with its continued input at all the Commission meetings. Thank you again for all your efforts in the past and for your continuing good service to the City in the future. The Shorewood City Council ~~:f~ Mayor RR: SK: pr A Residential Community on Lake Minnetonka's South Shore ~ LAW OFFICES WILLIAM F. KELLY AND ASSOCIATES WILLIAM F. KELLY MARK W. KELLY 3151 SECOND STREET EXCELSIOR. MINNESOTA 1515331 (1112) 474-15977 October 9, 1985 Mr. Robert Rascop Mayor, City of Shorewood 4560 Enchanted Point Shorewood, MN 55331 Dear Mayor Rascop: I represent Mr. Jim Cabalka, Christmas Lake Road, Shorewood. Jim and I are friends of long standing, having been next door neighbors for more than 15 years at Christmas Lake. May I state for you the problem Jim is facing with the City of Shorewood. In 1954 Jim purchased lot 186, Auditor's Subdivision 120. There were several title problems involved with the property, which were cleared by registering in 1955 the largest portion of the same as RLS 471. Three principal lots were platted, each larger than 40,000 sq. ft. There remained a small portion of lot 186, which was not registered. This lot measured 121 feet along Christmas Lake Road, varying in depth from 50 to 120 feet, and with about 140 feet of lakeshore. This lot is similar in size to lots to the north, being lots 164, 163, 157, 155, 154 and 152. Jim Cabalka continued to receive a tax statement for lot 186, and for those portions of the RLS to which he kept title. In 1956 he spent the summer building his own home. My home was built next door, and for the next 15 years our families grew up alongside each other. Jim has informed me that he previously has requested of the council permission to sell his homestead, being Tract A, RLS 471, without the necessity of including in the sale the adjoining non-homestead property, lot 186. He said the council had denied him the right to do this, and in fact he was informed by the Shorewood planner and Shorewood city attorney that should he sell his home without selling to the same party the adjoinin~ vacant lot, he would be violating Shorewood ordinances, wh1ch would be a misdemeanor, and that if he kept 186 he could not use that lot for any purposes whatsoever. \. .~ '. WIWAM F. KELLY AND ASSOCIATES, ATrORNEYS Mr. Robert Rascop October 9, 1984 Page 2 I have advised Mr. Cabalka that such a restrictive interpretation given by the city attorney and city planner, and the council's response to his request is incorrect and a violation of his rights. The purpose of this letter is to formally request of the Shore- wood council a reconsideration of Mr. Cabalka's request, author- izing the sale of the larger parcel (Mr. Cabalka's homestead, Tract A, RLS 471) and retention and use by Mr. Cabalka of lot 186, auditor's subdivision 120, as not being in violation of the Shorewood zoning ordinance. Mr. Cabalka finds it economically not feasible to require a buyer of his homestead, which has a lake frontage of 150 or more feet, to buy an additional 120 feet of lakeshore, nor does Jim wish by the sale of his homestead to violate the penal ordinances of the city of Shorewood. The basis of my advice to Jim Cabalka is as follows. When the small parcel, part of lot 186, Auditor's Subdivision 120, was created as a result of the RLS platting, Shorewood was not in existence. When Shorewood was incorporated, it adopted ordinance No.8 in 1956, its first zoning ordinance. This ordinance contained no restriction on sale or ownership of platted parcels less than 40,000 sq. ft. It merely required each building site to have a minimum of 40,000 sq. ft. Shorewood also adopted ordinance No. 11 regulating subdivision of land in 1956. This ordinance reiterated the minimum size for newly plat- ted lots, with the provision that there be a minimum frontage on a road. It also provided that any deed which described a parcel of less than 40,000 sq. ft. shall be considered null and void, unless such lot or parcel was a separate parcel of land and of record at the time of the adoption of the ordinance. Of course, Jim Cabalka's lot was a separate lot of record for more than a year prior to the passage of ordinance No. 11. This then was the policy of the city of Shorewood, and the city recognized Mr. Cabalka's right to own, use and sell 186 as a separate parcel. This policy was again confirmed in 1961 when the subdivision ordinance (No. 30) was adopted (see section VIII, paragraph B, Interpretation, paragraph 2). In 1973, however, a new zoning ordinance was adopted (ordinance no. 77). This ordinance with its additions and amendments is the current Shorewood Zoning Ordinance. For the first time Shorewood ordinances speak to the requirement that two lots ..At .. WlWAM F. KELLY AND ASSOCIATES, ATTORNEYS Mr. Robert Rascop October 9, 1984 Page 3 under one ownership contiguous to each other, one or all of which do not meet the requirement of width or area, shall be consid- ered as one parcel, and not divided, used or sold so as to leave the remaining lot with a width or area below the minimum of the zoning ordinance. For more than 18 years Shorewood had recognized Mr. Cabalka's right to use and sell as a legal parcel, lot 186~ It was taxed separately as non-homestead, whereas his adjacent parcel was taxed as homestead. General rule is that all ordi- nances must be construed, if possible, to maintain their le- gality -- only by recognizing the right of Jim Caba1ka to con- tinue exercising complete ownership rights over 186, including the right to transfer, sell and use the lot, can Shorewood ordi- nance no. 77 be legally supported. His right is a grandfather right, which cannot be taken from him. It should also be noted that the small lots to the north identified in this letter are similar in size, and have been used in the same manner Mr. Cabalka wishes to use his property. This was done even though there were common ownerships with lar~er parcels, separated only by Christmas Lake Road. You can recognlze,I am sure,that Mr. Cabalka cannot permit the situation to continue as it is. He is in the process of selling his home, and when he does, he cannot be placed in a position of being charged with the commission of a misdemeanor. We ask that the Shorewood council again act upon Jim Cabalka's request as soon as possible. Absent favorable consideration by the council, we would have no other course than to take action necessary to protect the interest and rights of Jim Cabalka and his wife. WFK:ek cc: Shorewood Council Members : ~ September 5,1984 Shorewood City Planning Commission 5755 Country Club Road Shorewood, Minnesota 55331 Mari Kooi 25760 Birch Bluff Road Shorewood, Minnesota 55331 Dear Commissioners: - Please consider this my application for membership on the Shore- wood City Planning Commission. I am currently a member of the city Park Commission and would resign if chosen. I plan to live in Shorewood for many years and would like to take part in planning the development of the city as it grows toward satura- tion. I believe the next two years will be critical in determin- ...... ing the overall quality of Shorewood because it has become one ---~f the prime locations for new development. My goals would be ---...___to .maintain the present quality of housing and improve the quality of businesses. I am an independent business owner and have a flexible time schedule. Thank you for your consideration. Sincerely, ~//. k, Mari Kooi -' . MARl REEVES KOOI 25760 Birch Bluff Road Shorewood, Minnesota 55331 612-474-8671 Education: IOWA STATE UNIVERSITY, Ames, Iowa Bachelor of Arts - Economics, minors in English and Political Philosophy Work Experience: 1977-1983 CARGILL INCORPORATED 1982-1983 Senior Staff Merchant, Feed I ngred ients Department Trading emphasis in flat priced derivative feeds Hedging in deutsche marks, Dutch guilders, British pounds, soybean meal, corn, wheat, and soybeans Trading volume in dollars: 750 million Export volume in dollars: 255 million Other responsibilities: ocean freight, barge freight, cost control, fobbing and discharge 1981-1982 Regional Merchant, Central Region, Chicago, Illinois Trading emphasis in flat priced derivative feeds and export corn premiums Other responsibilities: domestic corn premiums, regional coordination and barge freight 1979-1981 Senior Branch Merchant, Tuscola, Illinois Trading emphasis in domestic and export premiums - all grains 1977-1978 Branch Merchant, Cedar Rapids, Iowa Trading domestic premiums 1976-1977 IOWA STATE UNIVERSITY Research Assistant, Department of Economics Major Activities: Media Coordinator, campaign of Reid Crawford for State Representative Government of Student Body at Iowa State University 1973-1977 University Academic Standards Committee Story County Legal Aid Board Shorewood City Park Commission 1984 Honors: Iowa State University Honors Program Lucht Scholarship in Economics State of Iowa Scholar Salary: Commensurate with performance References: Dan Huber - Cargill Incorporated, 612-475-6005 George Forbeck - Gelderman and Company, 322-6700 ORR-SCHELEN-MAYERON & ASSOCIATES, INC. 2021 E. HENNEPIN AVE. · SUITE 238 MINNEAPOLIS. MINN. 55413 CHANGE ORDER NO. ......~......... $. ?~,.~9~...~~........ RE: ... .~4:-? . .. .. . .. . ~en.kQ, . Int. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Contractor . .~~~~.~.~~~~.~y~~~~.~~~~. ................... . .~1~~~!!.'. .~~.. ~~~~~. . ... ., . ... . . . .. . ... ....... . Dear Sir (5) Under your contract dated ............ ?~.p.t~!T!~~r. .1.~ .. . .. .. .. .. .. .. .. . .... 19. ~~. with T~~. .~1~Y. .<?f. ?~<?r~~<?<?~.,. .~~. . . .. . . . . . . . . .. .. ... .. ... . . . . . . .. .. Owner for . ~~~.i.~~!,y._.. ~~W~~,.A~qr~.~~w~r..~~r~~t.~~~~~r~~tj~~.~~Q.~p.p.~r~~~~~~.WQr~~~~Qj~~t.a4~~.... We are authorized by the owner to hereby direct you to .~~r!l.i.~~..~~~.~.<?ry~~.r:~C::~..~~1J.i.~~~s, $1:r.~et. ~.Qr)S:t.r:uc;tj~n . <In.ct .~PPJ.l.r:teo~.nt. wP.rk. .QQ. ChcH'tW.e.l1. Hi.11.~. .~eyj.S.i.QtI~. .ctt.... ~Qrt.~ .~9r~~. 9f .\t!~~.~~fQr.~ .~1~~.~ .~~. p.~r. .lj~.~ .Qf. ~4~~:t.i.~1~~. .~t:l~. .~~t~~.h.~~. p.l.~~.... she.ets. number. .8.. .9., .10. .a(l~.12. . .. .. .. .. .. .. . . . .. .. . .,. ... ...... .., .. . . . .... .. .. .. . . ... --. ) --.- -- ..... 0.0.................................................0................ 0.0........................................................ ad to add to ("'1I8t ka..) the contract, In accordance with contract and speclflcatloll, the IU1D of .~eY~.nty. ~.i.g~1:. J~Q~.s.~I)~. N.i.~~. tt~.nQr~.q .Qn~. pn~'77:-.-.-:'7:-:-.-.-:'7:-'7:-~.-.-::-:-~~ 1100 Dollars There win be an extensioll of ........0..... days for completion. The date of completion of contract was . Z-:t.. 19.&!? and nOw wiD be . .?7~..... 19 . ?5... Amount of orlglna' contract $582,647.65 Tota' Additions C.O. #1 $83,611.78 Total Deductions C.O.#l $4,710.50 Contract to Date $661,548.93 A;J:/dN.::;p~.I~~~ RespectfuUy Submitted, Owner ORR-SCHELEN-MA YERON q.0j.'~~:~: Per~' ..~...J~??~....... -;./e , 7 1.1.0,.. ~ '/1C ...Contractor ~ tC ---c. K...." J mes P. Norton, P.E. 10-12"84 ,/" EXHIBIT I CITY OF SHOREWOOD, MINNESOTA PROJECTED IMPROVEMENT COSTS (Revised) 1984 BOND ISSUE Construction Costs Sanitary Sewer Storm Sewer, Streets Grading Chartwell Hill $ 246,056.45 336,59 I .20 232,900.00 78,90 1.28 $ 894,448.93 Total Construction Overhead Costs (22.5%) Engineering, Contingencies, Admin./Legal 20 I ,25 I .0 1 $1,095,699.94 137,083.00 23,750.00 $1,256,532.94 (6,532.94) $1,250,000.00 Total Project Costs Capitalized Interest Allowance for Discount Total Costs Less: Investment Earnings Total Bond Issue Capitalized Interest from 12-1-84 to 2-1-86. Discount of $19 per $1,000 of bonds. Assess total project costs plus II months of capitalized interest for a total of $1,203,41 O. To be spread over,)ff years, equal principal payments, II .25% interest. /5 Prepared By: SPRINGSTED Incorporated 15 October I 984 CITY OF SHOREWOOD, MINNESOTA $1,250,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984 PREPARED OCTOBER 12, 1984 BY SPRINGSTED INCORPORATED PROJECTED ASSESSMENT I NC OM E 1984 IMPROVEMENTS FILING DATE:I0/ 1/1985 FILING COLLECT INTEREST YEAR YEAR PRINCIPAL @11.25% TOTAL ----- ------- --------- -------- ----- 1985 1986 80,227 169,5081 249,735 1986 1987 80,227 126,358 206,585 1987 1988 80,227 117,333 197,560 1988 1989 80,227 108,307 188,534 1989 1990 80,227 99,281 179,508 1990 1991 80,227 90,256 170,483 1991 1992 80,227 81,230 161,457 1992 1993 80,227 72,205 152,432 1993 1994 80,227 63,179 143,406 1994 1995 80,227 54,154 134,381 1995 1996 80,227 45,128 125,355 1996 1997 80,227 36,103 116,330 1997 1998 80,227 27,077 107,304 1998 1999 80,227 18,052 98,279 1999 2000 80,232 9,026 89,258 TOT A LS 1,203,410 1,117,197 2,320,607 lINCLUDES INTEREST FROM FILING DATE TO 12/31/1986. ~ :r Ci5 ::j - - CITY OF SHOREWOOD, MINNESOTA PREPARED OCTOBER 12, 1984 $1,250,000 GENERAL OBLIGATION BY SPRINGSTED INCORPORATED IMPROVEMENT BONDS, SERIES 1984 SCHEDULE A DATED: 12/ 1/1984 MATURE: 2/ 1 9.400% ANNUAL ANNUAL LEVY ASSESSMENT SURPLUS/ CUMULATIVE ANNUAL LEVY MATURE PRINCIPAL INTEREST TOTAL (l05% ) INCOME (-DEFICIT) SURPLUS LEVY (1 ) (2) (3 ) (4 ) (5 ) (6 ) (7 ) (8 ) (9 ) (10 ) 1984 1986 0 137,083 137,083 137,083 137,083* 0 0 0 1985 1987 80,000 117,500 197,500 207,375 249,735 42,360 42, 360 0 1986 1988 85,000 109,980 194,980 204,729 206,585 1,856 44,216 0 1987 1989 80,000 101,990 181,990 191,090 197,560 6,470 50,686 0 1988 1990 85,000 94,470 179,470 188,444 188,534 90 50,776 0 1989 1991 85,000 86,480 171 , 480 180,054 179,508 546- 50,230 0 1990 1992 80,000 78,490 158,490 166,415 170,483 4,068 54,298 0 1991 1993 85,000 70,970 155,970 163,769 161,457 2,312- 51,986 0 1992 1994 85,000 62,980 14 7,980 155,379 152,432 2,947- 49,039 0 1993 1995 80,000 54,990 134,990 141,740 143,406 1,666 50,705 0 1994 1996 85,000 47,470 132,470 139,094 134,381 4,713- 45,992 0 1995 1997 85,000 39,480 124,480 130,704 125,355 5,349- 40,643 0 1996 1998 80,000 31,490 111,490 117,065 116,330 735- 39,908 0 1997 1999 85,000 23,970 108,970 114,419 107,304 7,115- 32,793 0 1998 2000 85,000 15,980 100,980 106,029 98,279 7,750- 25,043 0 1999 2001 85,000 7,990 92,990 97,640 89,258 8,382- 16,661 0 TOTALS: $1,250,000 $1,081,313 $2,331,313 $2,441,029 $2,457,690 $16,661 $0 BOND YEARS: AVERAGE MATURITY: AVG. ANNUAL RATE: 11,503 9.20 9.606% ANNUAL INTEREST COST: DISCOUNT (PREMIUM): TOTAL INTEREST COST: $1,081,313 $23,750 $1,105,063 *INCLUDES CAPITALIZED INTEREST OF $137,083 (EXEMPT FROM OVERLEVY) ~ J: m o C r m > OFFICIAL TERMS OF OFFERING $1,250,000 CITY OF SHOREWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984A Sealed bids for the Bonds will be opened by the City Council on Monday, November 12, 1984, at 8:00 P.M., Central Time, at the Shorewood City Hall. Consideration for award of the Bonds will immediately follow the opening of bids. DETAILS OF THE BONDS The Bonds will be dated December I, 1984 and will bear interest payable on February I and August I of each year, commencing August I, 1985. Interest will be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in integral multiples of $5,000, as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed the last business day prior to the interest payment date to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th of the calendar month next preceding the interest payment. The Bonds wi II mature February I in the amounts and years as follows: 180,000 85,000 80,000 1987 1988 1989 185,000 80,000 85,000 1990-1991 1992 1993-1994 $80,000 $85,000 1995 1996-1997 $80,000 $85,000 1998 1999-200 I The City may elect on February I, 1994, and on any interest payment date thereafter, to prepay Bonds due on or after February I, 1995. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvements in the City. TYPE OF BID A sealed bid for not less than $1,226,250 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of $12,500, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids, unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/ I 00 or 1/8 of I %. No rate for any maturity shall be more than 1.5% lower than any prior rate. No rate nor the net effective rate for the entire Issue of the Bonds shall exceed the maximum rate permitted by law. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to, the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (j) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (j j) reject all bids without cause, and, Ojj) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Wurst, Pearson, Hamilton, Larson and Underwood of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than I :00 P.M., Central Time of the day of settlement. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. At settlement the Purchaser will be furnished with a certificate, signed by approRriate officers of the City, to the effect that the Official Statement did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 15 copies of the Official Statement. Dated October 15, 1984 /s/ Sandra Kennelly Clerk BY ORDER OF THE CITY COUNCIL . ) CITY OF SHOREWOOD SPECIAL COUNCIL MEETING NOVEMBER 4, 1982 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 5:30 P.M. M I NUT E S The Shorewood City Council met at 5:30 P.M. on November 4, 1982, in the City Hall Chambers, to canvass the results of the City Election held on November 2, 1982, pursuant to Minnesota Election Laws. ROLL CALL: Present: Mayor Rascop, Counci1members Haugen, and Shaw. Staff: Administrator Uhrhammer and Clerk Kennelly. CANVASS OF ELECTION RESOLUTION NO. 84-82 Review of the summary results as presented by the Judges of Election for the four (4) precincts were submitted. Moved by Shaw, seconded by Haugen, to accept the canvass of results as presented: Mayor: Rascop 1,991 Counci1members - 2 Positions - 4 Year Terms Shaw Haugen 1,419 1,679 Counci1members.- 1 Position - 2 Year Term Clapp Stover 759 1,331 Roll Call Vote - Rascop - Aye, Haugen - Aye, Shaw - Aye Motion carried. Mbtion for adjournment was made by Haugen, seconded by Rascop at 6:20 P.M. Respectfully submitted, Sandra L. Kennelly, Clerk )