121806 CC Sp AgP
CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY, DECEMBER 18,2006
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
Immediately Following the EDA
meeting
AGENDA
1. CONVENE CITY COUNCIL SPECIAL MEETING
A. Roll Call
Mayor Love _
Lizee
Turgeon _
Callies
Wellens
B. Review Agenda
2. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removedfrom the
Consent Agenda. Comments can be taken or questions askedfollowing removalfrom
Consent Agenda.
A. City Clerk's License Approvals (AU. - Deputy Clerk's memorandum)
B. Agreement and Contract for Building Inspection Services (Att. - Planning Director's
memorandum, Agreement)
C. Approval of the Verified Claims List (Att.-Claims List)
3. NEW BUSINESS
A. Resolution approving all agreements related to Shorewood EDA Series 2007 A and
Series 2007B Refunding Bonds (Att. - Administrator's memorandum, Resolution)
4. EXECUTIVE SESSION - CITY ADMINISTRATOR PERFORMANCE REVIEW
5. OTHER
6. ADJOURN
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
DATE:
TO:
FROM:
CC:
December 14, 2006
Mayor and City Council Members f! I1/"(</
Jean Panchyshyn, Deputy Clerk CUY'
Craig W. Dawson, City Administrator/Clerk
RE:
LICENSES AND PERMIT APPROVALS
The attached list of Garbage Hauler, Tree Trimmer and Therapeutic Massage license requests have been
received at the City and reviewed for completeness. As all license fees and requirements have been met,
licenses have been issued to the Licensees listed.
,..
t . PRINTED ON RECYCLED PAPER
....
City of Shorewood - 2007 License Approvals
12/18/06
07-22
HAULER
Waste Management ofMN, 10030 Industrial Blvd.
Inc. P.O. Box 609
Thaemert Custom Work 953 Park Avenue
P.O. Box 37
Winsted, MN
07-21
Hamburg, MN
07-24
07-25
P.O. Box 358
970 Blvd. W.
Shorewood, MN
MN
07-23
Margaret E. Pre hall
4828 Rustic Way
Shorewood
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
14 December 2006
RE:
Building Inspection Services Contract - 2007
FILE NO.
405(Admin)
Attached is a contract for building inspection services with Waldron & Associates,
Ltd. They are the folks who fill for Joe when he is very busy or, on the rare occasion,
that he is on vacation. I have reviewed the agreement and recommend approval,
subject to the City Attorney's review and comment.
Since this is on the consent agenda for your short meeting next Monday, please
contact me by phone or e-mail if you have any questions relative to the agreement.
Cc: Craig Dawson
Joe Pazandak
Tim Keane
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t . PRINTED ON RECYCLED PAPER
....
AGREEMENT AND CONTRACT FOR BUILDING INSPECTION SERVICES
THIS AGREEMENT is made and entered into this 1 sl day of January, 2007 by and between the
City of Shorewood, Minnesota (City) and Waldron & Associates, Ltd., a Minnesota Corporation
(Inspector).
WITNESSETH:
WHEREAS, the City is desirous of contracting with Inspector for the performance of the
hereinafter specified inspection services with the City; and
WHEREAS, Inspector is agreeable to rendering services on the terms and conditions
hereinafter set forth,
NOW, THEREFORE, the parties hereto agree as follows:
1. Inspection Services.
Inspector will provide inspection services for the City of Shorewood on the following
terms and conditions:
A. Perform comprehensive plan review services on an as requested basis, with 5
business day turn around.
B. Provide field inspections on an as requested basis.
C. Provide building and plumbing inspection records and other information for the
permanent records kept by the City.
D. Inspector shall provide qualified individuals certified by State as Building Official
or Limited Building Official.
2. Independent Contractor.
It is acknowledged by and between the parties hereto that the Inspector is an
independent contractor contracting with the Municipality to perform the services as
provided in this agreement.
A. Non-Emplovee Status - Personnel assigned to perform the Services to be
provided by Inspector pursuant to this agreement shall be officers, employees, or
sub-contractors of Inspector. Inspector assumes full responsibility for the actions
of such personnel while performing services pursuant to this Agreement, and
shall be solely responsible for their supervision, daily direction and control,
provision of employment benefits and payment of salary (workers' compensation
insurance, salary, retirement contributions, withholding tax, health insurance, and
unemployment insurance). The Municipality shall not be responsible to furnish
any benefits to such personnel.
B. Insurance
i. Auto Insurance - Inspector in carrying out its obligation under this
agreement, shall supply, upon the request of the Municipality, a
Certificate of Insurance for owned, hired, and non-owned auto usage
coverage for liability in the amounts of $100,000 per claim, $300,000 per
occurrence coverage for personal injury and $25,000 per claim, $50,000
per occurrence for property damage insurance.
ii. Professional Liability Insurance - The Inspector shall provide the
Municipality upon request with copies of Professional Liability Errors and
Omissions Insurance in an amount of at least $500,000 covering all
personnel employed by Inspector in capacity of acting as an Agent of the
municipality.
iii. General Liability Insurance - The Inspector shall provide the Municipality
upon request with copies of General Liability Insurance in an amount of at
least $500,000 covering all personnel employed by Inspector in capacity
of acting as an Agent of the Municipality.
C. Communications, Equipment, and Supplies.
The Inspector shall provide, at its sole expense, all necessary equipment,
vehicles and supplies to carry out its obligations under this agreement.
3. Effective Date of Service.
The effective date of service to which the terms of this agreement shall apply will be on
the 1st day of January, 2007.
4. Termination of Aqreement.
This agreement shall remain in force and effect form the effective dated of service or
until cancelled by either party upon 30 days advance written notice.
5. Cost to the City for Services.
The City shall pay within 15 days of submission of a bill for the following services:
A. Requested field inspections at the rate of $35.00 per % hour inspection.
B. Requested plan review to be 50% of the fee charged by the City for plan review.
C. Travel time will be waived for one round-trip where the minimum number of
contiguous inspections is three.
D. Gaps in the inspection schedule shall be paid at $35.00 for one % hour gap.
i. If more than one gap is contiguous than we will charge $35.00 for an
additional round trip in lieu of the "gap fee".
E. Other duties or time required by the City shall be billed at $75.00 per hour.
Inspector shall submit logs with any such statements for services rendered under this
subsection. No charges for services at an hourly rate may be made unless there has
been prior direction to Inspector by the City.
6. Assiqnment.
Inspector may not assign any of its rights or duties under this agreement without the
prior written consent of the City.
7. Entire Aqreement.
This is the entire agreement of the parties.
8. Choice of Law.
This agreement shall be governed and construed in accordance with the State of
Minnesota Law.
9. Representation of Authority.
The undersigned executing this agreement for Waldron & Associates, Ltd., represents
and warrants that he has been duly authorized to execute this agreement on behalf of
Waldron & Associates, Ltd., by the corporation's Board of Directors, and that this
agreement shall bind the corporation to the terms and obligations contained herein.
IN WITNESS THEREOF, the parties have executed this agreement in duplicate this _ day
of December, 2006.
CITY OF SHOREWOOD
By
City Administrator
Attest
WALDRON & ASSOCIATES, LTD.
By
PAYABLESAPPROVALS
For 12/18/06 Council Meeting
l)ate:~~~~~
n, Sf. Accounting Clerk I
Prepared by.
Michelle T. Ng
L
Reviewed by:
Bonnie Burton, Finance l)irector
Approved by:
Craig
son, City Administrator
l)ate:
l)ate: 1'2.1 /)1
-ffZG
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator tD
December 14,2006
Resolution regarding Agreements for EDA Refunding Bonds
for Public Safety Facilities
With current market conditions, the Shorewood Economic Development Authority identified an
opportunity to realize significant savings in future interest costs by refunding the bonds for the public
safety facilities. Discussions with affected parties began in September.
The lessees for the facilities, the City of Shorewood and the City of Deephaven, and their respective
sublessees, the Excelsior Fire District (west station)/ South Lake Minnetonka Police Department and
the Excelsior Fire District (east station), have adopted resolutions giving preliminary authorization
for the EDA to issue "refunding bonds". They authorized the EDA to issue the bonds if certain net
savings minima for future interest costs were achieved. In turn, they agreed to approve the necessary
agreements needed for closing on the refunding bonds. The effect of these agreements will be to
change the payment schedules to align with the new bonds, and thus to achieve the savings in the
interest costs.
Assuming that these net savings minima are achieved and the EDA awards sale of the bonds, the City
Council will need to adopt its resolution to approve the agreements related to two of the three series
of bonds to be issued. A draft resolution has been prepared; the name of the awardee and the proper
dollar amounts left blank will be properly filled in for the final and executed version.
The City of Shore wood, as lessee of the EFD West/SLMPD Stations, will be party to:
. Series 2007A, refunding Series 2002A and 2003A, for the EFD's West Fire Station; and
. Series 2007B, refunding Series 2002B and 2003B, for the SLMPD.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving all agreements related
to Series 2007 A and 2007B Refunding Bonds of the Shorewood Economic Development
Authority .
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t.J PRINTED ON RECYCLED PAPER
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CITY OF SHOREWOOD, MINNESOTA
RESOLUTION NO.
RESOLUTION GIVING FINAL APPROVAL TO ISSUANCE
OF REFUNDING BONDS (SERIES 2007A AND
SERIES 2007B) RELATED TO CERTAIN PUBLIC SAFETY
FACILITIES AND AGREEMENTS RELATED THERETO
BE IT RESOLVED By the City Council of the City of Shorewood, Minnesota (the
"City") as follows:
Section 1.
Recitals: The West Side Fire Proiect.
1.01. The Excelsior Fire District ("District"), in conjunction with the City and the
Shorewood Economic Development Authority (the "Authority") financed a portion of the cost to
construct a fire facility located in the City of Shorewood (the "West Fire Side Project"), through
issuance by the Authority of its $3,865,000 Public Safety Fire Facility Lease Revenue Bonds,
Series 2002A (City of Shorewood, Minnesota Lease Obligation) (the "Series 2002A Bonds"),
pursuant to a Trust Indenture dated as of September 1,2002 (the "West Side Indenture") between
the Authority and U.S. Bank National Association, as trustee (the "Trustee").
1.02. The District, in conjunction with Shorewood and the Authority, financed additional
costs of the West Fire Side Project through issuance by the Authority of its $1,195,000 Public
Safety Fire Facility Lease Revenue Bonds, Series 2003A (City of Shorewood, Minnesota Lease
Obligation) (the "Series 2003A Bonds") pursuant to the West Side Indenture as modified by a First
Supplemental Trust Indenture dated as of April 15, 2003 (the "Supplemental Indenture").
1.03. The District and the South Lake Minnetonka Police Department (the "Department")
lease certain property to the Authority pursuant to the Ground Lease (West Side) dated as of
September I, 2002, as amended by a First Amendment to Ground Lease (West Side) dated as of
April 15, 2003 (the "West Side Ground Lease"), and the Authority leases such property, together
with the buildings, structures or improvements now or hereafter located thereon, to Shorewood
pursuant to a Lease Purchase Agreement (West Side Fire Facilities) between the Authority and
Shorewood dated as of September 1, 2002, as amended by a First Amendment to Fire Facility
Lease-Purchase Agreement dated as of April 15, 2003 (the "West Side Fire Facility Lease").
1.04. With the Authority's consent, Shorewood entered into a Sublease Purchase
Agreement (West Side Fire Facilities) with the District dated as of September 1, 2002 (the "West
Side Fire Sublease"), under which the District undertakes Shorewood's obligations under the West
Side Fire Facility Lease.
1.05. Pursuant to an Assignment and Security Agreement dated as of September 1,2002,
as amended by a First Supplemental Assignment and Security Agreement dated as of April 15, 2003
SJB-302\72v.\
SH230-39
(the "West Side Assignment"), the Authority assigned to the Trustee all of the Authority's right,
title and interest in and to the West Side Ground Lease, the West Side Fire Facility Lease, the West
Side Fire Sublease, and the Lease Payments to be made by the District thereunder (other than
certain rights to indemnification and payment of expenses) as security for the Series 2002A Bonds
and the Series 2003A Bonds.
1.06. The outstanding principal amount of the Series 2002A Bonds is subject to
optional redemption on February 1, 2009 and any date thereafter; and the outstanding principal
amount of the Series 2003A Bonds is subject to optional redemption on February 1,2010 and
any date thereafter.
Section 2.
Recitals: The West Side Police Proiect.
2.01. The Department, in conjunction with Shorewood and the Authority, financed a
portion of the cost to construct a police facility located in the City of Shorewood (the "West Side
Police Project"), through issuance by the Authority of its $4,025,000 Public Safety Police
Facility Lease Revenue Bonds, Series 2002B (City of Shorewood, Minnesota Lease Obligation)
(the "Series 2002B Bonds"), all pursuant to a Trust Indenture dated as of September l, 2002 (the
"West Side Indenture") between the Authority and U.S. Bank National Association, as trustee (the
"Trustee").
2.02. The Department, in conjunction with Shorewood and the Authority, financed
additional costs of the West Side Police Project through issuance by the Authority of its $1,220,000
Public Safety Police Facility Lease Revenue Bonds, Series 2003B (City of Shorewood,
Minnesota Lease Obligation) (the "Series 2003B Bonds"), pursuant to the West Side Indenture as
modified by a First Supplemental Trust Indenture dated as of April 15, 2003 (the "Supplemental
Indenture").
2.03. The Department and the Excelsior Fire District ("District") lease certain property
to the Authority pursuant to the Ground Lease (West Side) dated as of September 1, 2002, as
amended by a First Amendment to Ground Lease (West Side) dated as of April 15, 2003 (the "West
Side Ground Lease"), and the Authority leases such property, together with the buildings, structures
or improvements now or hereafter located thereon, to Shorewood pursuant to a Lease Purchase
Agreement (West Side Police Facilities) between the Authority and Shorewood dated as of
September 1, 2002, as amended by a First Amendment to Lease-Purchase Agreement dated as of
April 15, 2003 (the "West Side Police Facility Lease").
2.04. With the Authority's consent, Shorewood entered into a Sublease Purchase
Agreement (West Side Police Facilities) with the Department dated as of September 1, 2002 (the
"West Side Police Sublease"), under which the Department undertakes Shorewood's obligations
under the West Side Police Facility Lease.
2.05. Pursuant to an Assignment and Security Agreement dated as of September 1,2002,
as amended by a First Supplemental Assignment and Security Agreement dated as of April 15, 2003
(the "West Side Assignment"), the Authority assigned to the Trustee all of the Authority's right,
title and interest in and to the West Side Ground Lease, the West Side Police Facility Lease, the
SJB-302172vl
SH230-39
2
West Side Police Sublease, and the Lease Payments to be made by the Department thereunder
(other than certain rights to indemnification and payment of expenses) as security for the
Series 2002B Bonds and the Series 2003B Bonds.
2.06. The outstanding principal amount of the Series 2002B Bonds is subject to
optional redemption on February 1, 2009 and any date thereafter; and the outstanding principal
amount of the Series 2003B Bonds is subject to optional redemption on February 1, 2010 and
any date thereafter.
Section 3.
Proposed Issuance of Refunding Bonds.
3.01. Pursuant to a resolution approved November 27, 2006 (the "Preliminary
Resolution"), the City gave preliminary approval to issuance by the Authority of bonds to refund
the outstanding principal amount of the Series 2002A and the Series 2003A Bonds upon
satisfaction of certain conditions.
3.02. Pursuant to the Preliminary Resolution, the City gave preliminary approval to
issuance by the Authority of bonds to refund the outstanding principal amount of the
Series 2002B and the Series 2003B Bonds upon satisfaction of certain conditions.
3.03. In order to accomplish such refunding of Series 2002A and the Series 2003A
Bonds, the Authority has determined to issue and sell its $ Public Safety Fire
Facilities Lease Revenue Crossover Refunding Bonds, Series 2007 A (City of Shorewood,
Minnesota Lease Obligation) (the "Series 2007 A Bonds") under terms that satisfy the conditions
of the Preliminary Resolution.
3.04. In order to accomplish such refunding of Series 2002B and the Series 2003B
Bonds, the Authority has determined to issue and sell its $ Public Safety Fire
Facilities Lease Revenue Crossover Refunding Bonds, Series 2007B (City of Shorewood,
Minnesota Lease Obligation) (the "Series 2007B Bonds") under terms that satisfy the conditions
of the Preliminary Resolution.
3.05. In connection with issuance of the Series 2007 A Bonds and the Series 2007B
Bonds, the following documents have been prepared:
SJB-302172vl
SH230-39
a.
b.
c.
d.
Second Amendment to Ground Lease (West Side).
Second Amendment to Sublease (West Side Fire Facilities).
Second Amendment to Sublease (West Side Police Facilities)
Second Supplemental Indenture.
Second Supplemental Assignment.
Second Amendment to Fire Facility Lease.
Second Amendment to Police Facility Lease.
Series 2007 A Escrow Agreement between the Authority and the Trustee,
as escrow agent.
Series 2007B Escrow Agreement between the Authority and the Trustee,
as escrow agent.
e.
f.
g.
h.
1.
3
J. Continuing Disclosure Certificate of the City and the Fire District (Series
2007 A Bonds)
k. Continuing Disclosure Certificate of the City and the Police Department
(Series 2007B Bonds)
("Financing Documents").
3.06. The City Council has reviewed the Financing Documents and has determined that
approval of the Financing Documents will be in the best interests of the City and its residents and
will further the public health, safety, and welfare.
Section 4. Approvals.
4.01. The Financing Documents are hereby approved, and the authorized officials are
directed to execute all Financing Documents to which the City is a party or signatory, subject to
modifications that do not alter the substance of the transactions and are approved by such
officials. Such officials are hereby authorized in their discretion to execute and deliver, on
behalf of the City, such other affidavits, certificates, and other documents in connection with the
issuance, sale, and delivery of proceeds of the Series 2007 A Bonds and the Series 2007B Bonds.
Execution of the Financing Documents and any other affidavits, certificates, and other
documents is conclusive evidence of their approval.
4.02. The Official Statement for the Series 2007 A Bonds and the Series 2007B Bonds, as
completed and supplemented, and its distribution to potential purchasers of the Series 2007 A
Bonds and the Series 2007B Bonds, are hereby approved. The City, as an "obligated person"
with respect to the 2007 A Bonds and the Series 2007B Bonds, will comply with the requirements
of Rule 15c2-12(b)( 5) of the Securities and Exchange Commission, as set forth in the Continuing
Disclosure Certificate for the Series 2007 A Bonds and the Series 2007B Bonds.
4.03. The City hereby approves all actions taken by the Authority with regard to the
Projects, including but not limited to the Authority's actions in issuing and awarding the sale of
the Series 2007 A Bonds and the Series 2007B Bonds.
4.04. City staff and consultants are authorized to take all actions necessary to implement
the agreements hereby approved.
SJB-302172vl
SH230-39
4
Approved by the City Council of the City of Shorewood this _ day of December,
2006.
CITY OF SHOREWOOD, MINNESOTA
Mayor
ATTEST:
City Clerk
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SH230-39
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